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Home My WebLink About2010-06-07 (Regular) Meeting Minutes• Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD ,ARAPAHOECOUNTY ,COLORADO Regular Session June 7, 2010 The regular meeting of the Englewood City Council was called to order by Mayor Woodwaro at 7·40 p.m • • Invocation The 1nvocat10n was given by Council Member McC ashn Pledge of Allegiance The Pledge of Allegiance was 1ed by Council Member McCashn Roll Call Present Council Members Jetterson . Olson , Penn , G1ll1t , McCashn . Wilson , Woodward Absent A quorum was present None Also present City Manager Sears Ci ty Allorney Brotzman Deputy City Manager Fl aherty City Clerk Ellis Der.uty City Clerk Bush Director White , Community Development Sen ior Planner Langon , Community Development Planner Vol>onl , Co mmuni ty Deve lo pm ent Police Chief Vand ermee V1ct1m Witness Advocate Ma yna rd, Court V1ct1m Witness Coordinator Wenig , Po hce Co nsideratio n of M inutes of Pr evious Session (a) COUNCIL MEMBER GILLIT MOVED , AND CO UN CIL MEMBER McCASLIN SECOND ED, TO APPROVE THE MIN UTES OF THE REGULAR CITY COUNC IL MEETING OF MAY 17 , 2010 . May or Woodwa rd asked ' the re were any cf)rrect1ons or mod1f1cat 10ns There were non e Vot e results : Motion earned Ayes Cou ncil Members Penn , McCash n. Wtlson , Woodward Jefferson , Olson, G1lht Nays None 6 Re cognition of Scheduled Public Comment There were no sched uled v1s1tors Recognition of Unsc heduled Public Comr ,nt Englewood City Council June 7, 2010 Page 2 Mayor Woodward said th is is an opportun ity for the publ ic to address City Council . Council may ask questions for clarification but there will not be any dialogue . Please limit your presentation to three minutes . There Is a clock at the podium , so please keep your eye on that. (al Elaine Hu lts, an Englewood resident. said although I did not attend the me eti ng held at the Malley Sen ior Center , friends of mine advised me of the discuss ions . One issue deeply concerns me . Evidentl y there are residents in Englewood who object to street parking to the degree that these ... that threatens the safety of the veh icle s and would be costly to the ir owners by some action • taken . I ha ve found , it necessary at lim es , to park on the street when providing transportation to those neading med ical attention . Many of these occas ions have occurred very late at night and ea rly in the morning . Nc.1 on1y was it necessary when I cared for my extremely sic k and disabled husband , but when others need ed di~lysis treatmen ts, ER care al Porter and Swedish , as well as doctor visits . Th e street has mo re lig htin g and it is closer to the entrance of the bu ild ing . To say this issue distresses me is putting it mil dly . I sh ould hope that you , as the governing body of the City of Englewood , would speak out on behalf of us who vo lunteer to help others who cannot help themselves . Thank you . Mayor Woodward said thank you . (b) Matthew Crabtree , an Englewood res iden t, said good even ing . I wanted to expand on what Elaine had talked about. I was at that meeting and although ... wel l...l do want to say I want to commend you for having a community meet in g lik e that, but the direction of the conversation went towards the end of th e meeting , was very negative . To give you a bit of a synops is of what was discussed . There was concern from members of the audience , in one particu lar part of the City , about on-street park ing . I am not criticizing them for the ir concern or their op inion . That is certainly the irs . Although the conversation qu ickly went downhill after that. • They were curious as to what a disabled veh icle would be considered . Commander Gary Condreay provided an • excelle nt synopsis and understand ing of what a disabled vehicle was . Al that point, mumbling and munnu ri ng in the audience resulted in a comment from the same people that brought up the concern that , oh , well does that mean I have to deflate the ir tires to get the car towed? That Is a threat of vanda lis m. Although I am not critic iz.ing those people , as they were probably frustrated at the moment, as our governing body , and specifica ll y the individual runn ing the meeting , Ms . ah ... C0uncll Member Olson should have certainly stood up at that point and said I understand your concerns , but that is vandalism and that is not appropria te. Instead wt 1at happened was six of the seven members of Council laughed and the member of Council ... Ms . Olson ... that was running the meeting , candidly covered her ears , in a joking manner ... as in I see no ... l don 't see the prob lem , I don 't hear the problem . This was truly disappointing to see the actions of Council not saying anythi ng at that po int. II is a tru e co ncern . Now , I don't know if that means that these ind ivid uals are actually going to go out there and deflate somebody's tires because they are parked on the street longer than two weeks . But still , someth ing shou ld have been said at that poin t. Than k you for your time . Ma yor Woodward said tha nk you . (c) Ste ve Scott , an Eng lewood resid •,nt, said Mayo r Woodward an d mem bers of the Cou ncil ... I come tonight , first , foremost to tha nk you for your participatio n and atte ndan ce at the LOVEng lewood event. In our debriefing lime , we saw it as a great success and not a great success because we had nearly 1500 peopl e there . Not a great success be cause It wen t off without a hi tch . Although , both of those things ma de it very enjoyabl e. We considered it a succe ss , because the City came tog ether and pulled somet hin g off that de monstrated that we ca ·1 do exact ly that. Just wanted to re ite ra te tha t LOVEnglewood is not a worship event at the high school . LOVEnglewood is not a church. LOVEnglewood is not even a conglomeration of churches . LOVEnglewood Is you and me . Citize ns , bus iness owners and res idents of Englewood that love th is City . And v.e stand here to night , not only lo thank you . ~ul to share with you that the work has really now just begun . LOVEnglewoOd has already partnered with Young Life and gi ven them almost $4 ,000.00 to help with th e deve!opment of the middle school ... 1rs called Wyldl ife at the middle school leve l, of the You ng I ''" organization • A service organ iz ation tha t has pr,ved , for decades all over the wo rld . that the y can help our chlluren develop healthy self-esteem and develop goals and strive for those . I don 't have to tell you Iha!, here in Englewood , we struggle with things fo r our children lo do . We wan t to partner v1ilh you . We wa nt lo partner with you to help provide our childre n with options, with alternatives to hang ing out in the park unsuperv ised, using lhe 'r art is tic • • • Englewood City Council June;, 2010 Page 3 ski lls on dumpsters in the alle y We want to make ourselves avai lable to you We wou ld li ke to play a part m Ride Your Bike to Work Day , passm g out water lt our sta uon c1nd to be a part m ou r Po hce Department's service . volu nteenng with them at the Fourth of Jul y event at t,,e park So, aga m, I JU St want to 1n clo sin g, th an¥. you for your part1c1pat1on m tt·· , ,,, of LOV Englewood and to mv 1te yo u an d to 1nv1te you to partner with us to make Eng lewood a bette1 ·l a,· for our children Thank you very much Ma yer Woodward said thank you (d ) Bev Cumm1;1s , an Englewood resident, sa id I was wondenng .d1d you receive my letter m your packet? Have you received my letter? Did you read 11? Council Member Mccaslin said yes Ms Cummins said good thank you I was Just curious whether I should read ti again or and I want to thank Ela ine for read ing ii at !he meeting when I was gon e I was out of to wn I wan! to !hank !he Englewood Herald for publishing 11 for me I hope 11 w ill mean someth ing to everyone because I feel exa ctly like I spoke ,n the ieller That I don't see hew we can d1scnm 1na te ag ainst any bu siness that has good purpose to 11 You know, 1f 11 was another pot pla ce, and I maybe wou ldn't be quite as involved .. well. I wouldn't be .lei's put It that wa y . because I thmk we have enough But, as 11 ,s I hope you will consid er reai,z,ng th~t a thnft store , a buy-back , a used furn iture store , an:, of those , are a trin ft store It doe sn't matter what else they are called They are used items and they should be as important to anybody as th ey were to me and my mother Thank yo u Mayor Woodwa rd sa id thank you And just fo r clarif1cat1on Your letter was placed into the pubhc record at the last meeting , as we ll as other communication s wn nen through the post ott1ce and e-mails So, tho se were all a part of the pubhc record Ms Cumm in s sa id thank you Co mmunications, Proclamations and Appo intments (a) An emai l from M1odrag Bud1sa Ind 1catI ng his resIgnatIon from the Board of Adj ustment and Ap peals was considered COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED , TO ACCE PT THE RES IG NAT ION OF MIODRAG BUDISA FROM THE BOARD OF ADJUSTMENT AND APF'""ALS . Mayor W ood wa rd a sk ed 1f there were any rem arks Ma yor Woodward said I would like to congratu late Mr Bud1 sa on his new posIuon It is ou t of town out of the sta te effe ctive Jun e 1 So , we ce rta inl y appreci at e his service to the community and wish him lu ck In what he 1s going to do In hi s new po sItIo n Ma yo r Woodward said 1f there Is nothing furthe r please vote Vot e resu lts : Motion earned Ayes Council Me mbers Penn McCasl1n Wilson. Woodward Jefferson Olson Gilli! Nays None 9 Cons ent Ag enda There we re no addI tIonal items submitted for approval on first reading (See Agen da Item 11 ) {SI Approval of Ord man c..es on First Reading COUNC IL MEMBER WI LSON MOVED, AND CO UNCIL MEMB ER McCASLIN SECO NDED , TO APP ROVE CONS ENT AG ENDA IT EM 9 (b) (I). (b) Approval of Ordinances on Second Read ing En gl ewood City Counc il June 7, 2010 Pag e 4 (i) ORDIN ANCE NO. 16, SERIES OF 2010 (COUNCIL BILL NO . 12 , INTRODUCED BY COUNCIL MEMBER Mc<::ASLIN ) AN ORUINANCE AUTHORIZING AN INTERGOVERNMENTAL AG REE MENT REGARDING T HE APPLICATION FOR AND ACCEPTA NCE OF A 2010 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG ) PROGRAM AWARD -2010-H4990-CO-DJ . Vote re sults : Mot ion carried . Ayes : Council Members Penn , Mccasli n, Wilson , Woodward , Jefferson , Olson , Gilli! Nays: None (c) Resolutions and Motions There were no resolu tions or motions submitted for approval. 10. Public Hearing Items (a) Mayo r Woodward said there was a req uest in question to Cou ncil to re-<>pe n th e Public Hearing ton igh t on Council Bill No. 11 , authorizing amendments to Title 16 , the Unified Development Co de, to permit buy-back , second-h and , thrift and consig nm ent uses as uses-by-righl in the MU-B-1 Zone District. We do have a cou pl e of people who are signed up . I had brou ght it forward . I don't have any furthe r questions on it. Is there an ybody that wou ld like to make a motion to re-<>pen the Public Hearing? COUNCIL MEMBER GILLIT MOVED , AN!' COUN CIL '•EMB ER WIL SON SECONDED , TO RE-OPEN THE PUBLIC HEARING TO CO NSIDER TESTIMONY ON COUNCIL BILL NO. 11 , AUTHOR IZ ING AME NDM ENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE TO PERMIT BUY -BACK , SECOND -HAND , THR IFT AND CONSIGNMENT USES AS USE S-BY -RIGHT IN TH E MU -B-1 ZONE DISTRICT . Ay es: Council Mem bers Penn , Mccaslin, W Ison , Woodward , Jeffer.;~n . Olson , Gilli! ays: None Motion carried and the Publ ic Hearing open ed. All witnesses were dul y sworn . Elaine Hu lts , an Englewood res ident , sai d I pres ume that this particular issue concerns havi ng to do with the consignment store that is due to be in the area on Broadway . I have been watch ing , in the previous room thal we usually have th e pre-ses sion in. I took a very close look at the map there and not ed the va ri ous areas of Englewood . Englewood seems to be dividi ng its elf ... from wha t I see . We have ou r Civic Center, which is right here , surrounding th is area with some stores and a few restaurants . But , it seems to me the same plan is in tended to be done in the area where we have the hosp ital , Swed ish Hospital , and Its medical office buil dings . II does Involve pr iv ate area s of singl e-fami ly homes . I'm very co ncerned about this . I see a divi sio n. Instead of enhan ci ng the main artery of Englewood , wh ich is really the ma in aorta , bloodstream of the City, and a feed , north and south , to all parts . In fact , I love Englewood, because it is so co nven ient. I can go east, west , north and south with no problem and no great distance of time. I feel that this is a bad judgment when we are ign oring the historical area . I have seen pictures of the origin al Broad wa y. I guess it looke d like ii was In the 30's and 40 's and it was charm ing and it was bu stling . We need to bring Broadway to li fe and not keep separating it. People know what's on Broa dway , beca us e they traverse it. Th ey don't know what's off Broadway . Than k you . Mayor Woodward said thank you . Bev Cummins, an Englewood reside nt, sa id I th ink ma ybe I should re ad my letter to everyone that didn 't read ii in the Englewood Hera ld and also yo u up there . I hope I won 't be infringing on anybody's time or if ii is not necessary , you can tell me rig ht now. Yes or no ? Council Member Gillit asked are we re-admitt ing wh at we • • • • • • Englewood City Council Jun e 7 , 2010 Pag e 5 already have In the record Mayor Woodward sa id we are re•admI1tIng .we have re-opened the Public Hearing sn would you m ind pulling the mike down JUS' a little b 1I? I am ha,ing a real hard prob lem hearing Ms Cummins sa id I'm sorry Council Member O lson said she's asking ,r she should re-read the letter that was read last time ? Mayor Woodward said it's not necessary, however, 1( you would li ke to , you certain ly may Ms Cummins sa id well I thmk 1f tt's been rei' j and also, you kn~w in the paper, I thmk that 1s probably su fficient But I do thank you for your consIderal1o n Thank you Mayor Woodward sa id thank you Greg Ham, President of the Denver Chnsttan School Board , sa id I wa nte d to Just me nt ion since the Pubhc Hean ng was re-opened , tt1at I would hope that Counc il does consider the size hm1 tat 1on on the size of the facilities that might be allowed .. that you wculd consider increasing that from 10 ,000 to 12 ,000 feel which Is p roba bl y about the sales area that we would be seeking to use in the building that we have targeted So I jus' wanted to let tr.e Council know 1f you could consider that option we 'd hke you to consider 1f you could raise ti by 2.000 feel. Thank you Mayor Woodward said thank you COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE THE PUBLI C HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 11 AUTHORIZING AMENDMEN TS TO TITLE 16 : UNIFIED DEVELOPMENT CODE TO P~RMIT BU Y-BACK, SEC O ND-HAND, THRIFT AND CONSIGNMENT USES AS USES-BY-RIGHT IN THE M U-B-1 ZONE DISTRICT. A~·e~ Council M embers Penn , Mccaslin , W1lso~. Woodward . Jefferson, O lson , G1lhl Nays None Motion earned and the Public Hearing closed 11 Ordinances , Reso lu tion and Motions (a) Approval of Q,d1nances on Fir st Reading (i) Plan ner Vobon l presented a recommendat1on by the Community Development Department to adop : a bi ll fo r an or d1'1ance approving an lntergove.-nmental Agreement between the Denver Regional Counc il of Gwernmenls and th e City of Englewood regard ing th e li censing of the 2010 Denver Region al Aerial Pho1 ograp1 ·y Project He said good evenin g Cou nc il member s I am he re 1or.1 gh1 to ma ke a recommen da tton on Coun c11 t,111 No . 13 1 r1i. ~1 1y h,:J pre viously part1c1pated m th is project 1n th e years 20 02 20L4 , 2006 an d 2008 Basically. the proJec t Is a pro1ecl sponsored by DR COG w here th e m embers th e DRCOG members cI 1les and counti es , get togeth er and Join a5 one en tity m order to negotiate a better pn ce on oenal photograp hf that we all use 111 o ur usIness pra ctices The savmgs are very subslant,al For th e ':1ty area alone the C ity will be saving 4 tr, 5 limes the cost th at II would cost for the C11y •o provIoe that imag ery by our sel ves 6as1ca ll y , aenal µholography Is used by Commun lly Devel r~ment Pu bhc Works Utll1 tIes Depart ment and !h e W astewater Treat m ent Plant to do ma opmg and .malys1s pro1ect pla nning an d eng Ineenng a,1d infrastructure rran agem ent DR CO G ha s qu oted Englewood a price. not to exceed S5,000 00 for this image ry The imagery wi ll inc lude Ire areas of the C lly's li mit s It wi ll also inclu de the entire Eng lewocd/L1 1t le ton W astewat~r Treatment P IJ:,t area wh ich ex tends from Englewood down mt o Douglas County It also w ill include add11tonal me tro areas of int erest to th e C11y as well Fun ding for this proiect was inc luded and app ro ved In the 20 10 departmental budg ets At tt1•s tim e , I would mvne Coun cil to give me any questions the" have on th is proiec t Co uncil M em ber G 1ll1t said yes I ha ve a qu estion Englewood hasn't I m ean the re's been hardly any change at all What would the harm be of just saying we Just took these picture:> two years ag o, car we "o a httle longer? You know Is ,t imperat ive? Is 11 somethin g we have to have to do or Is 11 something that .. ? It Ju st seems again , another $5 ,J00 00 fo r a pi cture , yo u know , Just seem s to be a lot of money spent wh en we're trymg to reall y reduce some costs Mr Vobonl sai d you know, bas ically, this ts a discretionary item , but 1t Is very helpful In our plarmmg proc esses th at we do, su c h c:.s 1I1e small area ptan~ There are things th at. you kn ow , tha ! 11 seem s hk e Englewood doesn't c ha nge but, you kn ow w e do have the new building at Broad way and Ya le Englewood City Cou,cil June 7, 2010 Pag e 6 There 1s a new ban k bu1ldmg at the corner of 285 and Logan And there are a lo t of housing developments that have occurred m the last few years as we ll Just in-fill developments as well And so , we do find this 1:nagery very , very valuable and 11 yo u can't Leal this pnce There would be no way that we coutd provide t h,s im agery especially to our Wastewater Treatmerit Plant , for that en tire area , all the way in to Douglas Coun ty It 1s a steal , basically. for S5 000 00 Council Member Gilht said again we haven't changed the Wastewater Pla nt And . we do know wha: our changes were Would 11 stop business by not havi ng a newer than two-year old photo? Mr Voborr l replied "e would still be able to do our business as the City of Englewood , but things like an othe r proJect I wan te d to mention 1s Mel ell an The City is work in g very hard on Mclellan and th ose im ages will be very valuable for those process es Council Member G1lht said thank you Mayor Woodward as Ke d 1f there wer~ any other questions for John There were none COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McC ASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a ) (I)· COUNCIL BILL NO . 13 . COUNCIL BILL NO '3. INTRODUCED BY COU NCIL MEMBER PENN A BILL FO R AN ORD INANCE APPROVING AN INTERGOVF.RNMENTAL AGREEMENT (IGA) ENTITLED "LICENSIN G AGR EEMEN T REGARDI NG DENVER REG IO NAL AER IAL PH OTOGRAPH Y PR OJEC T" BE1W[EN THE DENVER REGIO NAL COU NCIL OF G0VERNMENTS AND T HE CITY OF ENGLEWOOD COLORADO FOR TH E CITY'S PARTIC IP ATIO N IN TH E DENVER REGIO NAL AER IAL PHOTOGRAPHY PROJECT 1DRAPP) M<.'.ly~r Woodwa rd asked if there were any co mments • Mayor Woodwa rd sa10 I'd like to commen t that I agree This 1s a real barga in Ha ving be n prior i:o Randy and • Joe being o DRCOG as b:iard members or alternate was involved and th !~ 1s this aerial photogra phy 1s I mean you ct.Jldn '1 touch this type of price I th ink further. we even use 1l for some Code is sues and venficat1on of actuc1 11y , si te plans and tn1n gs hke thc11 to verify whether something was there or wasn't there at certain limes and some things hke that So I ,.m very support1ve of this I th ink 11 keeps things current and 11 also has prov en to be valua ble to th e different departments of the City Mayor Woodward said are there ~ ""'Yo ther co mments? There were none Vote r esu lts : Ayes Counci l Members Penn McCashn Wilson Woodward Jeff erson Olson Na\ s Cou ncil Mem ber G1ll1t Mayor W ood\\ard said t ,,p1 call y when we have a no I tt •nk Rick was prett y clear on why he was vo tin g no so I appreciate lhat (11 ) Pl anner Ve.bani prese nted a recommendation by th e Commun ity Deve lopment Department to adopt a bill for an ord mance au th ormng an lntergovern"Tiental Agreement with the Colorado Oep;:irtment of Labor and mployment to receive labor and em~loyment data for the Cny of Engle. ·cod th rough tile Uenver Re gional Council of Gove rnments He said than k you i1ayor Basically , I'm here to make a recommendati on on C0t 1c11 B111 No 14 This 1s a follow-up r.r. again . for a previous agrcen,~nt tha l we did m 2008 So th is 1s Just ba !,1Cally ki nd of renewing ou r agreement tn i 1 we aprroved for 2008 w:th th e State LalJor and mployment data 1s used to provide ana ly sts and decisio n maker<:; wi th cn11cal detailed mformat1on regard ing det::J1led 1nforma t1 on co ncerning the City's economy Bas 1caU~• it helps us 1n ortl i?r to furthe r our econom rc C:evelo pm en t goals Basically by gomg through DRCOG t'J get this data basically we will be sav111g th e S230 00 State processin g fee and so this pro1e ct will basically cosl the City nolhing And with that I will • mv1te any quest1o ns roll"' Council May or Woodward as"'ed f there were an y qu estions There were none • • • Englewood City Council June 7, 2010 Page 7 COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO . 14 . COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER McCASLIN A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTI TLED "LICENSE AGREEMENT" BETWEEN THE COLORADO DEP ARTMENT OF LABOR AND EMPLOYMENT AND THE CITY OF EN GLEWO OD , COLORADO IN SUPPORT OF HE CITY'S USE OF STATE WAGE AND EMPLOYMENT DATA . Mayor Woodward asked if lhere was any discussion . There was none . Vote results : Motion carried . Ayes : Council Members Pen n, Mccaslin , Wilson , Woodward , Jefferson , Olso n, Gill it Nays : None Ma yor Woodward said thank you John . (iii) Police Chief Va nderrnee presented a recommendation by lhe En glewood Pol ice Departmenl to adopt 2 bill for an ordinance approving a Memorandum of Understand ing between the 1 B'" Judicial Dis trict Juve nile Assessment Center and lhe City of Englewood eslablishing lhe method of fee assessment for use of the Juvenile Assessmenl Center . He said good evening Mayor Woodward and members of Counci l. The Police Department Is recommending that City Co uncil adopt a bil l for an ordinance approving a Memorandum of Understanding between the City of Eng lewood and the 18,. Jud ici al District Juvenil e Assessment Cen ter which ma xi mizes limited resources and reduces duplication of efforts am ong participating agencies when process ing certain juvenile subjects . We have been in vo lv ed with the Juven ile Assessment Center since appro xim ate ly 2000 . With this Memorandum of Understan din g, it establ ishes an agreement for how the charges to operate the Ju venile Assessment Center are distributed among the agencies in th e 18th Jud icial District that take advantage of the process . Just to give you an Idea , Engle wood had 81 clie nts in the last cyc le , wh ich was 2009-2010 . That represents 3.74% of the total juvenile population that was transferred ... l'm sorry ... the popula tion of th e City of Englewood in the 18th Jud icial and 3.25% of the use of the Juveni le Asses sment Center. So , they take a formula and that's what the Memorandum of Understanding establ ishes ... is th at agreement for payment. I would inv ite questions . Mayor Woodward as,ed if there were any questions for Chief Vandermee . There were none . COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER OLSON SECOND!:D , TO APPROVE AGENDA ITEM 11 (a) (Ill)· COUNCIL BILL NO . 15 . COUNCIL BILL NO . 15 , INTRODUCED BY CO UN CIL MEMBER GILLIT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMEN T ENTITLED "MEMGR.\M DU M OF UNDER STANDING FOR THE 18TH JUDICIAL DISTRICT JUVENILE ASSESSM ENT CE NTER " ES YABLISHING THE ME'THOD IN WHICH THE PARTICIPATING GOVERNMENTAL ENTITI ES ARE ASSESSED FEES FOR THE .,SE OF THE JUVENILE ASSESSMENT CENTER . Mayor Woodward asked If lhere was any discussion . Mayor Woodward said I Just did quick math on lhos e clients . It is roug hly $193 .00 per client , which for a j uvenile a!::sessment seems pretty reasonable . Vote results : Ayes . Council Members Penn , Mccaslin , Wilson , Woodward , Jefhrson , Englewood City Council June 7, 2010 Page 8 Mot io n ea rne d Nays . Olson . Gill; None Ch ief Vancermee said thank yo u (Iv) Police Chief Vandermee presented a re co mmendatio n by the Englewood Police Department 10 adopt a bill for an ordinan ce au1ho n21n g acceptance of Victim ~ss istance Law Enforcement (VALE ) grant funding for :!0 10 in the amou nt of $16 ,740.00 . He sa id thank you . The Police Department is requesting that Council scppon a bil l for an ord inance accephng the 2010 VALE yranl fund ing i,, the amount of $16 ,740 .00. We again apol ied 10 the VALE board ... our Victim Assistan ce Coordinator Nacoy Wenig and Commander Sam Watson ;.>resented themselves , presented our grant application and it was awarded in its entirely al !he S16 ,740.00 lev~I That represe nts about 30 % of the funding for the V1ctirn Assistant position In !he Municipal Cou rt , Nicole Maynard. So , we are requesting approval lo accept Iha! grant. And , I invi te quest ions , aga in .. COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO . 16. COUNCIL BIL L NO. 16 , INTRODUCED BY COUNCIL MEMBER W ILSON A BILL FOR AN OR DIN ANCE AUTHOR IZING THE ACCEPTANCE OF A VIC TIM ASS ISTANCE LAW ENFORCEMENT (VALE ) GRANT FROM TH E VICTIM ASS ISTANCE LAW ENFOR C EME NT BO ARD OF THE 18TH JUDICI AL DISTRI CT Ma yor Woodwa rd ds ked if there was any d1s cuss1on . Council Member G1llit said grea t job Chief Van de rmee said th ank you Vote res ults: Motio n earned Ayes Cou nci l Member5 Penn , McCasltn , W1lsor , W ood ward . Jeffe rson , Ol son. G1ll1t Na ys None Chief Vandermee said !hank you Mayor Wood wa rd sai d !hank you Chi ef. ( ) Approval of Ordinances oe Second Re ading (i) Council Bill No 11 perm1tt1ng buy•back second.hand ltmft an o co nsignment uses was cons idered May or Woodward said thl!:i 15 aut ho nz1 ng amt~dm en ts to Title 16 of the Un1!1ed Developmen t Code to permit buy-back . second-hand , t~ritt and consIg nmen: uses as uses-by-righ t In th e MU-B -1 Zone District Ma yor Woodward said 1s there a molton for approva l? COUNCIL MEMBER WI LSON MOVED , AND COUN CIL MEMBER McCASLIN SECO~ . D, TC APPROV E AGENDA ITEM 11 (~I (!)-COUNCIL BI LL NO . 11 . COU NCIL BILL NO 11 , li'i; ~CLIUCED BY COU NCIL MEMBER GILLIT/WILSON • • A BILL FOR AN ORDI NAN CE AMENDIN G TI TLE 16 , C HAPTER 5, SUBSECTION 1 1. AND C HAPTER 11 • SUBSECTIONS 1 AND 2, OF T HE ENGLEWOOD MUNI CIP AL CO DE 2000 . TO PERM IT BU Y-BACK . SECO N D-HAND, THRIFT AND CO NSIGNM ENT USES AS USES-BY -RIGHT IN THE MU -8 -1 ZO NE DIS TR ICT • Eng lew•>od City Council June 7, 2010 Page 9 Mayor Woodward said okay ... disc uss ion . Council Member Glllit said one or the quest ions that I have ... the gentleman raised th e question about go ing from 10,000 to 12,000 square feet on that What would be our process for re-looking at that ? Is It something we could approve the 10 ,000 on and ask ... see If they could get a variance for the other 2,000? That way they cou ld have the 10 ,000 now , and we discu ss the 12 versus tlos ·o now? What's the process of that ? City Attorney Brotzman sa id you may mod ify that number. Which is ... you can either approve it now and send the rest back to P & Z if you would like ... or you can actu ally modify the overa ll square foot, ge ... or what you are looking at The distir,clion in the staff repor. that was being made Is changing how y~u Jefina 0oor area ... was never discussed ... sort of, at any ,evel . So In creating a diffe re nce , you actually need to send that one ~ack to Plann ing and Zoning . But describ in g the size of the build ings overall , you can actually set that tonight Ma yor Woodward said we could do Ih a 12 ,000 square feet , for examµle , or 3500 or 14,000 or whatever numbe r we came up with . But we could modify that to 12,000 square fee t and move on . And , Council Member Jefferson sa id, that will also push the Council Bill 11 back to first reading , based on th o;e amen dments . Correc1? City Attorney Brotzman said correct. Mayor Woodward said right. And then the next reading would be our next mealing . Which , I think, we ... during the first reading ... had dlscussed ... would probably be our track . Or possibly our track , I should say. Council Member Jefferson sa id so , in that situation , you know , they could use ... is it 10,J00 square feet for the retail use and , for example , for a 12 ,000 square fool build ing they could use 2,000 for ,i torage? Is that correct? Mayor Woodward said that would be correct Council Me ber Jefferson said I jus t wa l'te d to be clear . • Or , Counci l Member Wilson sa id, could we just say 12 ,000 feet for the sto re build in g and then over ti.a, would have to be storage ? Council Member Jefferson sa id sure . What we would be limiting wou ld be t11 e number or retail squa re footage . Ms . Wison sa id yes . And so , Mr . Jefferso n said , we could set that number al any num~er we wanted to , that would exclude the amoun t of square footag e used for storage and other purposes . • Mayor Woodward said for storage and the other ex clus ions of 0oor area that have pointed ou t in our .. for cert ain areas . Co un cil Member Jefferson said ... thal are defined ... yes . Ma yor Woodward sa id other discussion ? Cou ncil Member Wilson said but that would be in all th e areas , not just li mited to downtown . Correcl ? Ma yor Woodward sa id co rrect That would be the whole MU-8 -1 area , which wo uld inclu de all the way over to Hobby Lo t,by or Elali and down into Market Place , where Big Lots is and stu ff. C , .. ncil Member Jeffers on said well, for example , B-2 doesn 't ha ve that square foo tage requ ire ment currently . Council Member Wi lso n said right So , Council Memb1·r Jefferson said , B-2 co uld have an extremely large thrift use ... fo r example . Cou ncil Member Wi lson said but...or do we wa nt to just limit it...the 12 ,000 squ are feet to the downtown area? Council Mem be r Jefferson said thal's what the questio n would be here , ton ig ht , if we chose to go that route . Because tonight we are only look in g at B.. Mayor Woodward sa id MU -B-1 . Council Member Wilson said yes ... but no ... ~1ayor Woodward said if we look al , and correct me if I am wrong , if we loo k at just th e down town area ... the three block area, the n that will be creating an overlay , whi ch we will be se nding back to Plann in g and Zon in g an d goi ng through the whole ... starting all over again . So, th is Is j ust going to be my personal recommen da lion ... is that if we are goi ng to chang e square feel, in fact , I would make a motion ... ! will make a motion . E,1p l~v,ood City Coun ci l June 7 , 201 0 Page 10 MAYOR WOODWARD MOVED TO PUT IN A SQUARE FOOTAGE FOR A SMALL THRIFT STORE , NOT TO EXCEED 12,000 SQUARE FEfT, AND ALLOW THAT IN THE MU -B -1 AREA, WHICH WOULD BE THE WHOLE AREA . Ma yor Woodward said then we could do that on first reading nght now Go through a second re ading in two weeks And then m 30 days It would becom e law And so that would be my m oti on to have a small area of 12 ,000 square fee t and anything large r as a . not allowed 1n this area for thnft stores Council Member VV1lst1r said could we say Ma yo r Woodward sai d the reason I'm saying that ts specifically what was brou ght up in :ne Plann 1ng and Zoni ng Comm1ss1on , which was Kmg Soopers Now , ther~ 1s no expectation that Kmg Soopers will be moving 1n the near futu re or currently However, King Soopers has moved around the City, has grown And the fear bei ng that maybe King Soopers does develop a new site and move somewh ere and turn mto a su per center or a larger store and vacate their premises on Broadway, which wo uld the n allow a thrift store you could have a super large Super Savers 1n that , what I con sider to be our his torical area , which 1s from Floyd south to Hampden Council Member Jefferson said th ere are also some other very large properties . in the Englewood Pla za , the former Phar Mor and Eng lewood Ma rket Place. as well. tha t would be potentially used for la rge scale operat10ns. Bu t. I und erstand your concern I was JUSt Mayor W ood ward said I would suggest too with . I've got a moti on on th e floor but I would also suggest tha t we bring 11 to a Stu d; Session discuss 11 start d1 scuss1 ng 1t and seemg speclf1 call y what we are looking at, and the n. from there , with staffs mpu: an d stuff . send th at back to P & Z And if th ey want to modify from there . fine However. ,n th e meantime we have defmed and not stopped any p rogress from gomg on nght now Council Member WIison said could we with the 12 ,000 square feet can we say retail space? Mayor Woodward said no We say 12.000 square fe et of fioor area Ms Wilson said okay Bui that does not include rest rooms office area ? C1~y Attorney Brotzman ca 1d correct It 1s currently defined 1n th e Code Ma yo r Woodward said 1t does incl ud e rest rooms and office areas It does not incl ude what 1s laid out here Ba se ment areas with pa rkmg or storage areas 11 1s very specific tn the Code Council Member Wilson satd okay COUNCIL MEMBER GILLIT SAID I WOULD LI KE TO GO AH E AD AND SECOND THE MOTION . M ayor Woodward said thank you Rick Council Member Jeffe rson sa,d I am pers onally , generally supportive or Council 8 111 11 as written , but I am certainly open to the d1scuss1on of the squa re footage , 1f tha t 1s the d1rect1on that general consensus of Council wants But I am generally supportive of, again , Council 811111 as wntten You know, I generally see no definite d1sl1nct1on I guess ts where I am kmd of comin g from I see no deflntte dlstmctlon between thnft and these o th er uses As trev have the same fun ction o retai l '" second-hand goods And so . ;ou kno w 1 feel 111-c trying to split that hair 1~ Join£ lo be d1ffl cult because wha1ever use H ,.,,ay be that wants to move in to for example, under th e Mayors example K •Mart or I m sorry Kmg Soope,s I feel I can get away saymg hey l ma second-hand shop. not a thnft shop So . I guess I neer. httl e help on how we could more def101 tely define those Bec;-iuse I JUSI see that as being very pre blemat1 c gei,ng forward • • Ma1or Woodward s"1d I th ink th at could be discussed 1n that Study Session that I had mentioned W1lh staffs in put and then go 10 P & Z 1f there 1s such a d1scuss1on Certamly , a ttmft store . as 1ts defined nght nm.,,, 1s a non-prof1i for the value to b.a able to get dona t1 on3 and the donations to be the poss1b1h ty of a wri te-off , then through th e IRS That s a lot different than a second-hand store w here you m::i:y buy someth:ng and sell 1t second-hand Such as Council Member Jefferson sa10 1 generally understand th e d1stm cllon . as defined currently , but I guess I generally reJ ect that dh~tin ct1 on An d again suddenly you are making a d1stinct1on between the same type of opera \ors , based on th e or:-9 ra tor bemg a 501C3 or not and m my mind I 1ust agatn . don t 1h ml-. th al 1s th e appropr ia te def1 n1t1 011 You knm, and so again I would love 10 hear more comme nts from the Mayor or fr om Rick Council Member G1ll:t about again how they sec an opportunity to reiect thrift • and still allow these other three typ e of uses 1n this drstnct Council Member G1lllt said I don 't think we are re1ect1ng thnfl Council Member Jefferson said la rg e scale thnft I mean that 1s basically what your motion • • • En glewood City Council June 7, 2010 Page 11 would propose II would reiecl large scale thrift over 12 ,000 square feel Am I mIss Ing something? Mayor Woodward sa id that 1s co rrect Council Membe r G1lht said yes . Council Member Jefferson said I guess my ration ale ... l'rn Just trying to understand the rationale between .. how are we going to distinguish between a 12 ,000 square foot thrift versus 12 ,000 squa re foot second-h and ? Because 1f 111s 5013C stat us , I'm not o board with that Council Member Olson said I totally see whe re you are .. th is Is my problem wi th 11 as well I don't agree with this as the defini tion of thrift . as a non•profit I thmk it's , I think 11 doesn 't take in to ac coun t Savers , which 1s a for-profit and they re ce ive donations .. to tall v . people drop things off there, as well . So, I think we 've blurred some things here that make it difficult for that decis ion then . I am .. I am now reluctantly ,n favor of this And I am only rel uctant , because 1 am concern ed that our business district downtown does not have a clea r plan . And I ani rea lly concerned ab out creating somethi ng tha t they can 't live with over time . And that is my only reserva tion with th at area But I can see the need for 1t, afte r walking through there and seeing nme emp ty stores , think we need to do someth ing, so I am open to this But I do worry about this non-profit definition If tha t can be put off to another point an d still . an other point ,n time and we can still go ahead with lh1s , I th ink we need to do that We have some confusio n .. Mayor Woodward said I th ink we can bring ii fo,ward In a Study Session , regardless of whether the motion .. my mot io n to revis e passes or no t I think we should for discussion purposes Ci ty Attorney Brotzman said I am co nfus ed Be cause th ere are actually two pieces to this One 1s . did you Just do size of second-hand , thrift , consi gnment s1ores? Did you put al l of Plannmg and Zoning sa1d ... allow tnem In this d1stnct You Just put a size restnct,on on those Did you do more tha n that and reCefme onl y thnft? Ma yGr Woodward said oh , I th ought lhal Council Member Jefferson said lhal recommendation lha l was h1ghhghled in the sta ff report was suggesting that thrift could be separated out and Iha! l hal usage , In and of itself could be el1m1na led by square fo otage City Attorney Brotzman sa id 11 could be , 11 could be or you ca n l1m1t all of those categories Council Member Jefferson said I lhm k that Is what the Mayor 's motion was ... correc t me 1f I'm wrong your honor Mayor Woodward said my intent 1s a .. I sa id ti was for thrift however , we could go wi th 12,000 with all of 11 mean Council Me mber Jefferson said I thmk th at would be more reasonable And . Co unci l Member Olson said , forget th e defin1 t1 ons? City AUorney Brotzman ym. would ,eave the def1nit1ons as Is Mayor Woodward said you would have a large and a small Small would be any of these under 12 ,000 Large would be an y of them over 12 ,000 Coun cil Uember Jeffers on said basi cally . 11:ti at you wou ld be doin g re1 ertIng all of these uses thal ex ceeo ed that 12 000 square footage And Ma yor Woodward said l think the argument that wtll take 1s truly somewhere around three to lour thousand square feet 1s truly real But , Counc 11 Member Wilson said , I th ink with th e d~l1n 1t1ons they don 't have to be non -profit but the y are donated dnven donation driven Council Member Jetterson sa1d not necessarily Cons1gnment ts hke a Cou nctl Member WIison well , no I m 1alk1ng about thnft Cou ncil Member Jefferson said thrift? Oh . I'm sorry Council Member WIison said thnft are donauon driven , but they can be for profit or non -profit Council Member Jefferson said correct And so , Council Member Wilson said , I think that's where .. Co uncil Member Olson said that's what I'm sayu . 1 it's not help fu l Counc11 Mem ber Wll~on said yes So . I mean , at some point after th is p3sses can we go back and change that def inition? Ma yor Woodward said Dan , can we do that now? Rem ove th e word s City Attorney Brotzman said th e answer 1s you can nght now what you have done , 1s you have simply changed 11 to add a square footage llm1tat1on You haven 't changed th e defm1hon of thnft yet Cou ncil Member W1lsrn said could we ? Mr Bro tzman said you may Council Member WIison said tonight ? Mr Brotzman said yei:. Englewood City Council June 7, 2010 Page 12 You haven 't done that yet. Council Member Wilson sa id oka y. But, ii wouldn 't have to go ba ck, ii could move forward tonight? City ,lttorney Brotzman said no, no . Ms . Wilson sa id no , what? Mr . Brotzman said ii doesn 't ... you may change the definitions . Staff gave you some proposals as to language . Council Member Wilson said oka y. So , Mr . Brotzman sai d, you may ... on top of the 12 ,500 , you can also redefine it if you wish . Council Member Wilson sa id I just think that would be more fa ir, more honest and more what is the trulh ... as how that reads ... versus ... and after talking to Linda , when she said that Savers was a for profi t, that makes total sense . And that , you know , there is not a .. somethi ng that makes people feel uncomfortab le ... it's just donation driven . Mayor Woodward sa id Dan , we can remove that for non -profit , ri ght? City Attorney Brotzman said let me help . Right now yo u don 't have that distinction . There Is a recommenda tion or there is an explana ti on in there . What Plann ing and Zonin g sent to you and what you approved on first read ing , does not have that non-profit definition In It. Council Member Wilson sa id okay . Mr. Brotzman sa id so what you have currently is they are all lumped together. Consignment and thrift are together. Counc il Member Wilson sa id okay . City Attorney Brotzma n said ii sort of works backwards . If you want to keer It that way , you don't have to do anything . You can do a size limitation . If you wo uld like to make disti nctions between thrift and cons ignment stores , you would actually have to do an add itional motion . Council Member Wil son sa id okay . Coun c:: :,i~mber Wilson sai d I don 't know how people feel about doing the additiona l motio n or just leave it as is ... since ther~ are no defi nitio ns. Council Member Jefferson said yes , if we kept them all lum ped together there would really be no issue there ... in my mind . Bu t I may be ... I1 did get brought up at the Public Hearing . And some people dill fee l that ii was inappropriate . Council Member Wilson sa id yes ... that it was not corre ct. Cou ncil Member Jeffers on said in my mind tha t is a tota lly separate issue ... we can go back and do that at another time . Cou nc il Member Wilson said can we do that at anothe r time ... Dan ? City Attorney Brotzman said yes ... yes . Counc il Member Wilson said okay . Counci l Member Wilson said the other th ing ... wha t I would like to say Is ... with the 12 ,000 square feet in downtown area ... l feel strongl y about that , that it will help ma inta in our historic look , our small to wn feel , o·,r walk-ability. And so , I am in fa •,or of the 12,000 . : 'hink that is important. My concern is, and we ta lked abo ut doi ng an overlay into th e bus ines s downtown ... those thre e bl ocks . So, we can go ahead and pass this , se nd ii back to P & Z for an overla y? City Attorney Brotzman said to look at an ove rlay . Council Membe r Wils en sa id to look at an overlay , fo r the other areas . Mayor Woodward said we can pass this and send it back at another time. Just for clarities pu rpose . Cou ncil Member Wilson said oka y. I'm wi th that...l 'm good wi th that. Council Member Penn said my concern ... as we incre ase the size of this square footage , is .. decre as ing the size of storage an d prep area and everyth ing els e. And I rea ll y ha ve a co ncern with wha t's coming Into these stores and will they be able to handle ii and if th ey have lhi s much square footage for reta il, is ii going to diminish the ir size of prep area and their size of storage and taking in merchandise ? I reall y have a hard problem with th is goi ng up to 12 ,000 square feet. Cu un cil Member Wilson said is ii up to 12 ,000 squa re feet floor surface or is it. .. I mean they can use 8,000 fo r floor se rvice and the rest for storage , correct? Bui , Coancll Member Pen n said , I think the 12 ,000 Is fo r displa y and sale purposes . Is that not co rrect? Several Cou ncil memb er• spoke at once . But , Cou ncil Memb er Wilson said they don 't have to use al l of it. aye r Woodward sa id I just he ard 12 ,000 fl oor area . Council Me'llber Wi lson sa id ... is the ma xi mum . But, Co uncil Member Penn said, doe s that include storage area also" City Attorney Bro tz man said no . Council Member Penn said see , that's one ... I'm having a hard time with that. So , I don't know if I can go to a store that big and not...and have a smaller ... be cause that store is only 13 ,50 0 and that gi ves them 15 ... only 1500 square feet to do ... Mayor Woodward said we ll , they don 't ha ve to be.. Council Member Penn said I understand tha t. But that's one I'm ha ving a problem wi th ... how are the y going to do that • • operation ... and I kno w they are probabl y all sm art enough to do tha t. But I have a concern wllh where they are • goino to put the merchandise , how they are going to prep the me rch andise and how they a· ,ng to rece ive ... withou t having great big sem is on the back of ,heir building aga in. • • • Englewood C ity Counc il June 7 , 2010 Page 13 Council Member Olson said well , I wou ld agree and I a so I'm a li llle bit concerned about ... y ou are talking about th em as if there 1s someone In particular , and ,~ .• s really isn 't about any one business nght now It's about our genera l sense of what we want to be there An: so , you ha ve to consider th e poss ib1l1 hes of anyone going 1n there Council Member Penn said I agree , but I'm .. Council Member Olsen said so someone could be very good at 1t and someone else not and we 've allowed it to be at a level that ma ybe can 't handle 11 and someone ,s not as good at managing it We've got to be clear about it So , I agree w ith you , Is wha t I am saying . Counc1I Member Gill it said I think a b~1 sl;1ess that's going in there wil l unders tand their hmi tat ions And they wlll choose whether to come 1n or not come 1n understanding thos e hm1tat1ons up front and they can make that choice I don 't th ink it's up Here's 12 ,000 .. make th e best of 11 Several Council members spoke at once Cou nc il Member Wilson said I also th ink that there are codes that, you know , th ey violate , the n the, won 't be around So, I mean there are things ,n place that they have to go Jiang with and have to not be :a violation. Council Member Penn said why create problems ? Cou ncil Member Je ffe rso n said I apprecia te yo u bringing that up . I think a lot.. Cou ncil Member Penn said why create problems when you can k ind of sk in the pro blems ea rly and try to take care of them before we have to go send Code to them ? But, Cou ncil Member Wilson said , the thing Is ... say up to 10 ,000 square fee t if you give someone who can 't manage tha t .and the n they ... l mean I don't think 12 ,000 feet. .. sq uare feet Is ... l don 't th ink the numbe r mailers I think it is how the operation Is run So , I th ink Council Member M ccaslin said o1gh t there you are saying that. 12.. Council Member Penn said th at's righ t Council Member Mccasl in sa id then why are we pulling a limit on 12 ,000? I don 't understand . Council Member Penn said let's go 50,000 Council Me mber Wilson said for the downtow n area to keep th at historic feel Mr . McCashn said why don't we make 1f 14, 15 .. let's make it 16. Council Member Wilson said I like 12 Several comm ents were made at the same time. Council Member Jefferson said I agree I struggle w ith the rationale as well there , so I would love so me cl arity on th e rationale behind th e Council Member Gilli! said isn't 12 ,000 square feet the average size of those bu ildings down there where Counci l Member Jefferson said that 1s a ve ry , tha t's a prett y large bu ilding. Council Member Penn said that 1s a large bwldmg down there Ma yor Woodward said 11 1s up and down Council M ember W ilson sa ,d there 1s a mez.zanme Mayor W oodward said in that partic ular build ing Counci l Member Olson said I visited some places last week that looked like they needed a lot more st orage and ough t to have th ought abou t it and 11 1s not a very fu n place to go in to .. some of th em Oth ers manage 11 very well So, I would not want to pu t it on Code people or. I don't know how you wo uld even re gu late what people do 1ns1de their store to make It look well and I think 11 wo uld be the last thin g we ought to get involved in Council Member Wilson sai d yeah So, Council Member Olson said , I would ag ree wit h Randy tha t we set Il cl ear to begin with , so th at people who aren 't good at th is , who m ight try their hand m it and sh ould be allowed to co me In and mi ght do not as good a J0b. But at least we 've helped set so me gu1dehnes Maver Woodwa rd said l thmk a tenant Is going to come In and th ev are gomg to construc t a wall with a door or doors that separates tneIr receIvIng storage area and whatever c . .:.e might be there from their retail store art>a That w ould be orett y typi ca l for a retrUl er So cena1n ly the C1 ty would see that and I mean an architect would be showing d1mens1ons so 11 would be ve ry easy to It would almost be too easy to deIerrn111e and to know those numbers to veri fy them Council Member Penn said I generally agree w ith you , but ha ve you sa t ouls1de th e Goodwill and you have thos e two big trailers s11tmg there every smg le -:!ay and we still don 't do anything And ther e Is tra sh all over th e pla ce We are going to create th e same th ing A nd gran ted they are going to be I ho pe they are good neighbors, I ho pe th ey do a great JOb . but tha t Is one of my fea r; And I think Linda hit 11 on the head When you walk ba ck on 33 , 34 , 3500 South Broadway ... and you look at behind the stores we haven't done a very goo,j J0 b Because there Is trash , th ere Is merchandrse , there Is th ,ow ou t stutt, there Is people dropping off stu ff And before we allow a business like this m agam we are Ju st going to create the same problem Council Member McCashn said I don't know Last Fnday I went to about four or five different pla ces Savers . two Goodwill stores the one looks li ke a Ma cy's ms1de of Il. on 2rn.1 and Broadway And I was im pressed I reall y don't tt1mk we should 11m1l you know, the people have th e opponunIty to open these businesses I mea n who are we to te ll them where your items are gomg , you knew and what you are going to do with 11 I mean we can regulate our codes lets not set th em up for failure nght away give them a chance I mean , I don't thmk Englewood City Co uncil J un e 7 , 2010 Pag e 14 we should be limltlng , . I mean I don 't know why we came up with 12 ,0 00 That's one thing I have to get a gnp on ... why ,rs 12 ,000 why did we p ick 12 ,000 why don't we pick 14 ,000 , wh y didn't we pick 16 ,000 .. what 's why was ou r recommendation 12' Mayor Woodward sa id well the recommendation that was my numbet P & Z's was 10 I he ard pu bhc 1est1mony tonight at 12 Council Member Olson said I would prefe r to go with what P & Z spent their time on and th en ,s th at ,s the retail floo r ... ngh t? Ma yo r Woodward said that's allowing everything Ms Olson sa id 10 ,000? Council Member Jefferson said P & Z is recommending allow ing th ese uses without a square foo tage l1milat1on But , Council Member Olson sa id, there were .. Council Member Jefferson sa id that's a staff recommen da tion Ms Olson said , oh , that's I'm sorry Ma yor Woodward said P & Z didn't have any recommendations as fa r as size . Council Mem be r Gillit said the resson I seconded 11 for the 12 , 1s that we gi ve addeJ fl exib1l1 ty . If 11 doesn't work , we can ch ange 11 back We decide Council Member Jefferson said th ose existing uses will get to stay as a , Council Memb er WIison said ye ah Cou ncil Member Gill1t said we gi ve more opportunity I thmk you increase your.. you know, the people you are trying to bnng in And , of course, th ere is always the variances We can look at different numbers, at different times . but 10 ,000 JUSI seems so little .. I don't know .. a little small to me 12 ,000 seems a little bit more generous gives them more space and make 1t a li ttle bit user more user fri end ly to th e business. A nd I think that that ,s what the y are asking for Council Member Penn said I thmk you can go In the opposite dIrect 1on also and do the same thing at 10.000 .. find out that everybody 1s doing a great job and then increase 11 to 12 ,000 later on I mean .. it's tne same as doing 12 and then going down back to 10 But this way at 10 , you don't have to grandfather anybody in ,f you go up to 12 ,000 They are al re ady in Council Member Jefferson said I guess my question Is is th ere really a different look and feel between 10 and 12 and these others? I mean , I certai nly understan d where some people say , hey some of these are kmd of bou tique and th ey are a couple thousand square feet and I guess I understand th at ra tionale, but once you get up over 10 ,000 square feet , it's a big place Aga,n , I'm Just kind of struggl ing with the rationale of hm1t1ng them generall y Mayor Woodward said I have no problem with you know, th e existing King Soopers over there bemg a large thrift store And al one time , the old Safeway . which 1s now Table Steaks was Salvat11')n Army Times have changed and there 1s more big box stuf~ Council Member McCashn said what 1s the sq uare footage of King Soopers? What Is the square footage of King Soo per-Dire c tor Wh11e said 11's a httle bl! under 67.000 square feet Counc il Member M ccaslin said oh well ,ee what I m thinking that s 67 00 0 Mayor Woodward said nght that s what I'm saying Council Member McCc;l,n said well so 12 000 I mean you could go to 20,000 and not ever worry about anybody moving m 1f you are worrying about some ·,ne moving m Ma yor Woodward said there isn 't a 20 ,000 11 was pretty clear on the staff rerort thal there wasn t an area o 2f'I 000 There 1s one sne are you going to np down all thosn bu1ldmgs ? Council Member McCash n said no Council M ember Penn said we did 1t once Counctl Me,.,ber McCasl1n said bu t what I am ask ing you you said you were concerned about Km g Soope rs There Is 60.000 square feet there no way 1f we limit 11 to 20 ,000 that anybod y co u ld move ,n a thrift or co nsig nm ent store 1n lo th ere ls that correct? Council Member Jefferson sa td what about off of Broadway I JUSI have to complicate things a little bit • • further and Englewood Plaza and Greenwood Market Place? Aren 't there properties there that are pretty big • size ? I mean those are big, square foot age bu il dings there Maver W oodward said you have Hobb y Lobby and Council Member Je fferson sa1d I think those are maybe not qwte as big as the Km g Soopers lot. but they are close l mean , they are hupe I don t know 1f anybody knows the ans wer to that? But I'll JUS I convolute the issue a httl e bit more by sayi ng there Is also other opportunIhes. besides that King Soopers that are also • • • Englewood City Council June 7 , 2010 Pa ge 15 huge ones . But I Just.. I ag ree . m my mind that wou ,Jn 't be the most attractive business there , from my own pe rsona l sIandpo1n1 Bui 1f !he reality Is Iha! Iha! Is the h1ghesI and bes! use al Iha! r.,oment, ther. I guess I'm no! opposed . I mean if !he reality Is ii Is going 10 sel vacanl or if somebody Is willing 10 operate a successful business there ... I'm going to choose for somebocty to operate their successful business there . I 1ust think . economIca1l y, it reall y doesn 't make sen se I mean , yo u know , tackling that type of square foo tage on a second -hand type or model I don '! lh111k has ever been done before I don'! know. Po1nl me cul If I am wrong ... l don '! know how big Goodwill is . Iha! Is a prelly big spa ce too But, il's jusl diffic ull lo make Iha! type of square footage work , wilh Iha! lype of a model ... wilh !hose lype of margins Council Me mber Mccaslin sa id wasn 'I Savers 20 ,000, if I remember righl? Council Member Olson said I think ii was close 10 30 Cou ncil Member Mccas lin said 30 ,000 I mean . Coun cil Member Wilson said I am c•,mfortable w11h 12 . and !hen we send ii back lo P & Z Ma yo r V\ii.:odward said we d1c::.uss it Council Member Wilson said ye ah ... oh , we dis cu ss 1t Council Member Penn said I a;-:"' r-nmfnrt::it;:e with 10. Council Member Mccaslin said I am com fortable with 12 .. la1or Woodward sa I) eli minate s one of our use rs Council Member Olson said I'm sorry wh at ? Council Member Penn said no! if •hey keep 11 10 10 ,000 square feel of re la1I space Cou ncil Mem ber Wilson said floor spa ce Council Member Penn said floor space It wouldn 't ehm1nate tht:.m Council Member McCashn said then ha ve 2,000 for storage . Council Member Penn sa id yes Cou ncil Member Jefferson said does eve rybody on th is side also supportive square footage? Cou nc1t Member Gill 1I said I'm for 12 Mayor Woodward said I'm going 10 go ahead and call !he question and lry and reslale 11 again w1lh !he 1nforrnat 1on, tha t I belteve , I heard Dan saymg An d that 1s MAYOR WOODWARD MOVED AN AMENDME NT TO 12 ,000 SQUARE FE ET, WHI CH W OULD IN C L UDE THRIFT , BU Y-BACK, SE ~OND -HANO AND CO NSIGNMENT AND CALL THAT SMALL AND ANYTHING LARGER THAN 12 ,UOO OF FLOOR A REA WOULD BE LARGE. Mayor Woodward said doe s that work for the second Rick? COUN CIL MEM BER G ILLIT SAID YES . I RE-SEC OND, MY SECC''ID. Mayo r Woodward said okay Are we ready to vote on that ? And that Is Just an amendmen t to our original Council Member Jefferson said this will send Jus t 10 be clear on the process th is will send thi s back to first reading bu t not necess anty P & Z ls that co rrect? Ci ty Attorn ey Brotzman sai d correct Ma yor Wood wa rd said correct Council Memb er Wilson said are y0u going to vote? Council Member Mccaslin said Im th inking Council Member McCashn said can I clarify? Th e 12 .000 will allow l hnfl stores nghl now !he 12 000 fl oor space? Council Member Jeffers on said no this Is going to push us back a li!tle bit in this pruct-ss that was why I was c'anfymg the process We are gomg to ha ve to go back to first reading , pass 11 on first rea din g and bring ft back two weeks lat er after that for another second reading to get back up to where we are now and th en afler that passes 11 will go Inlo effecl help me oul In 30 days? 30 days Council Mern 1.1er Olson said so . 1f we we re to approve 11 at 10 ,000 tonight .t would go forward? Mayor Woodward said the same thing Cilt Attorney Brotzman said right now you have no hrrntatlon right now Counc il Member Mccaslin said we have no hm 1ta t10n ok ay You 've got my vote Council Member Wilson said so okay Englewood City Council June 7, 2010 Page 16 Council Member Jefferson sa id what we are voting on is the motion to limit these us es to 12 ,000 square feet in B-1 . Mayor Woodward said MU -8-1 .. right. Council Member Mccaslin said oh .. instead of .. Council Member Olson sa1d basically what 11 does Is 11 gives us a size difference that we 've agreed on ... that anythmg over and above 1s large . right? Council Member Jeffers on said correct. But , Council Memb er Wil son said , we have to wait a mon th? Council Membt"1 jefie,~on said yes .this Is going to push the process back a hllle bit Council Member Olson said so ... if we don't. .. then wha t happens? City Allo•ney Brotzman said It depends on what you do next. You cou ld pass th is curren tly ... there Is no size l1m itat1on at all. It would then be 30 days after pub lication that they could move forward . Council Mem ber Jefferson said and so by amending th is at all , th is pushes the process back , a minimum of 4 weeks ... 2 weeks. City Attorney Brotzma n said 2 weeks. Mayor Woodward said 2 weeks. Council Member Penn sa id cou ld we not then send ii back to P & Z and create the 12 ,000 sq uare feet without delaying this process . Mayor Woodward said no, we ca nn ot go back to P & Z wi thout hugely delayi ng th is process . Council Member Penn sa id I mean , if you vo ted as ls now ... an d then we go ::>ack and make recommendations later .. Mayor Woodward said the n ... the ones that In the meantime are use-by-right and we are asking after Study Session what our questions are .. and then goi ng ba cr to P & Z to redefine .. Co un cil Member Penn said but it would n't delay any time for them to start now ... if we accepted wha t's on the board nghl now. Council Member Mccaslin said that would be ... there Is no size ... everyth1ng 's included .. they woul d go through Council Membe r Olson said you mean we would do an ove rlay Is that what you are saying? Ma yor Woodward said ye s .. we are on the am en dment thoug h We are talki ng abo ut the amendment We are s!ll1 vo ling on that Mayor Woodward said do you stil l need vo tes Lou? Cit y Clerk El hs said yes Cou ncil Member Mcc as li n said re-state the amen dm en t please Ma yor Woodward said the amendment 1s to limi t or have two categones ... a small and large . A small would be defined as up to 12 ,000 square feet of noor area for ariy buy-back , consignment, thrift or seco nd-hand store So. Council Member Wilson said , why do we need two s12es? Why ca n't we Just say up to 12 ,000 for those .. per:od ? Ma yor Woodward said oka y ... period and then what happens 1f somebody comes In and wants Cit y Attorne y Brotzman said because you allow thn h stores of a larger size in oth er zon e d1stn cts Coun cil Membe r Jefferson said 8-2 doesn 't have a restnc lton on squa re foo tage Coun cil Member Wilson said so we have to have small and large ? Council Member McCashn said no we don 't have to Ci ty Allorney Brotzman said no, you don 't have to but to get to the 12 000 that you are pulling In here that Is th e proposal Council Member Wil so n said an d there 1s no wa y to get around unless we just go as is for doi ng a second reading m two weeks? Ci ty Attorney Brotzma n said correc t Council Me :-nber .:a fferson said 1t only expands the process by two weeks th ough Mayor Woodward said we discussed it ,, first reading that we would probably do that Council Member Jefferson said yes ... I apologize . Council Membt.:r Wilson said 2' .ght Council Member Jeffe, son said 1s everybody rea d/ to vote on th e amend ment ? Ma yor Wo odward sa id has everybody vo te d ? Vote results o n the ame ndment to Co uncil Bill No .11: Ayes Council Members Wilson , Woodward . Jetterson , Olson . G1ll1t Nays Council ~embers Penn , McCa sl1n • • • • • • En glewood City Cou ncil June 7, 2010 Pag e 17 Motton earned Mayor Woodward said okay now we are yo1ng back to the ong1nal amendment wi th that change Is there any further d1scuss1on on that ? Council Member Wi lson said no not for me Mayor Woodward said okay , thank you Council Me mber Jefferson said I'm sorry we are going back to the ono1nal amendment Mayor Woodward said the original . Council Bill No 11 All we did was approve the amendrr ent Ma yor Wood\,ard said 1s there any other d1scuss1on ? Council Me mber 01• :11d I am JUSt very concerned for our business dlstnct that we do whatever we need to do to help them deve,u., m terms of the do wnt own area , 1n particular a concept for that And I know that this takes ti me a nd 11 Just I'm concerned and I hope we are not undoing someth ing that they want Because they didn't come forward as a BID and give us any leaning one wa y or the other on this But I Jus t wan t to register that co ncern And so whatever we can do to support the downtown busine ss area and thinking throug h what do we wan t to be I don't know what that will include but I want to see us move forward on that Council Member McCashn said I agree with you In wa lkin g that particular couple of bloc k•; or the block that I did last Frida y I mean , most of the owners have no concern They said oh , yeah , I don 't 11ave a problem with this So , I fe el hke: you Linda I hope we are not limi ting to someone who really wants to be down there because of the size That bothers me still Mayor Woodward said well , I agree with part of what you sa id Linda And that is that I fee l llke we have not heard in th e Public Heanng here , from th e BID, from the business community other than M r Cohn existing that I recall We have had plent y of e-ma il s We've heard in ACE ... we heard at the BID at S:udy Sess ion. where 1hey didn't want the1r stores and then four days later 11 was a different s11u a11 on So I do agree that there appears to be a lack of d1recllon as to what they want But I'm very clear and I think pans of th e commu111ty are very clear 1s that they do not want m what they consider what httle h1stonc area they have of Englewood to be a large thrift st ore possibly looking hke the Goodwill or Super Savers 1n Littleton A Super Super Savers Council Member Wilson said that 1s what I am hearing from c1t1zens So. Mayor Woodward said I do agree w ith that and that would be my comment Cou nci l Member Mccaslin said but you know, we talk about Goodwill an d I Just talked to a media relations oerson toda y from Goodwill and she was very open and honest And l think Good will does a great JOb I thin k there are a lot of pe ople_ even here , that shop al Goodwill I don 't know Mayor Woodward said so whats I don't und erstand the point You say but Council Member Mccaslin said well tf I was really 1f I you keep pnrasing this as you know w cont want another Goodw1h d;;w11town To mt 1f we don t ...... ant to use 1t v.ho 1s using the building? Like you always say 1s ti the us age? If we are sayi ng well we don't want a place like Goodwill to me that s kind of I feel 11 s kind of d1!:Jcmrnn at o~ I don t know I m trying to han dle this Council Member Olson sa,d the Good wi ll up on Broa dway and 151 or 2nd is JUSt amazmg So to me 11 s not my statement isn 't about thrift or consignment II s iust poin1 1ng out a larger issue that we still do not have a clear v1s1o n h.l r ou r downtown area And all Im askmg 1s that let'f keep movmg forward with this with the BID w,th other fo.,..s thal maybe aren t in volved 1n the BID tha t mig ht h£ pus gel some fresh pe rspectt ve and thats all I m saymg Im not arguing for or aga inst thnft or cons ignment or anything at U,1s pomt I 1ust want to see us have a v1s1o n and be united with this as much as we can to go forward And this 1s the time to do 11 whe n we have empty bu1ld1ngs so that we know what we are trymg to attract Co uncil Member Jefferson sa id I thmk th ere is so me fn. st rau on that we ha ven't he ard neccssanly from BI D in a consensus saying you know lobbymg fo r one side or th e other an d ce rtain ly we have he ard from 1nd1v1du al busmesses an d a co up le have bee n voc al agam st thi s You know, Sam Kaufma n of our Ka ufrnan s 8 19 and Tall. has beeri pr ett y voc al an d he sent an e•ma1 l to all of us ab ou t 11 that he 1s again st these us es 1n 8·1 But tha t being said, I certainly understand th e frustrations that not ha111ng a united voice But sometimes 11 s d1~f1cult on issues li ke thi s Co uncil Member Mccaslin said ngh t Englewood City Council June 7, 2010 Page 18 Council Member Wilson said but I thi nk , you know, we are all trying to do what's best for the City And I think limiting the size will help the downtown area ztay the way most of us seem to want it to be . But what I am hearmg from constituents and residents is they want to see build 1n gs ... thev don't want to see empty buildings . don 't want to have a knee jerk reaction and just go oka y, this is the way it is . But, it is kind of a new way of hv,ng and you know , a gree ner way and It attracts different people who want to live that way. So , I feel that it ,s a pos itiv e step m tha t dire ction and hmitmg the size won 't deter iorate the downtown area . C·,uncil Member Jefferson said I agree and I think that ,,:ould alleviate some of the concerns , of some of the local business owne rs, knowi ng that , for example , places 1tke ... propert ies like King Soopers , wouldn't turn into a thrift type use Again , I personally , don't have that personal concern , but I think thal will alleviate some of the con stituent concerns ... from busi ness constituen ts , I guess So , that 1s why I will be supportive of what we are votmg on now Mayor Woodward said as wi ll I. Ma yo r Woodward sa id 1s there an y other further discussion? There was no ne . Vote res '.Jlts on appro va l of Cou ncil BIii No . 11, as am6nded : Motmn carried Ayes . Council Members Peno , Mccaslin , Wilson , Woodward , Jefferson , Olson , G1lht Nays : None Mayor Woodward said okay . Council Bill No 11 has passed unanimously, wi th amendments (c) Resol utions and Mo tions There were no resoluti ons or motions sub mitted for approval 12 General Discussion (a) Mayor s Choice (1 ) Mayor Woodward said I heard from the people at Cafe 180, whi ch Is the restaurant that ,s going in where the Spicy Pickle was . They are look ing at an o pening toward the end o • June They are going to have a fundra iser, I believe ,t ,son October 19th , w ith they want to do a ribbon cu tt in~ and stuff. Randy , I've put them . Co un cil Mem ber Penn said you know, I haven't . she has not got ahold of us at all I don't... Mayor Woodward said well this was Just last week that I suggested . Council Member Penn sa id hopefully, as long as she gets ahcld of us we will set that up for her Ma yor Woodward said okay . So I am looking forward to that It gives some volunteer opp ortun 1t1es for so me or us and some good , healthy food for some peop le 1n need (11) Mayor Woodward said also I want to mention that Habitat for Humani ty 1s havmg a workday , Metro-wide , th is on the 12th thi s Saturday And they are starting work on four townhomes on June 29 , up on Baltic , m D1s tnct 1 They have four fum1 l1es , wi th children that are all moving mto th ose townhomes So , there 1s gomg to be . if you 're into the co nstruct,on work contrac ting Matt , you 're som 2body tha t I thin k has been a volunteer for Hab itat that opportunity ,s going to come June 29th , I think is kind of a ribbon cu tting type of thing , and I'm sure the y'll be right after June 30th , (111) Mayor Woodward said als o , I want to express my con gratulations to Brook Bell on th e suc cess ful co mplet1 on of the American Institute of Certified Plann ers exam . That gives our Community Develo pment Department 5 members that are certified planners by the Ameri can lnshtut e. • • (1v) Mayor Woodward said Steve , I would like to thank you for coming tonight And I en Joyed the services tha t the group of churches had put on and yf'1 rrs and my discussion later on 1n th e • week th e foll owing week So thank you for co ming I think . you know , what you are doi ng ,s adding valuable assets lo our co mmuntly and to the middle school As I had mentioned to you , I hope that cai. be moved 1n to the hig h school as th ose kids move on • • • Englewood City Council June 7 , 2010 Page 19 (v ) Mayor Woodward said I want to men tion that Sue had put in ou r packets that Nationa l League of C1t1es early reg istration 1s June 15th , fo r the conference in Denver that will be coming up in November end of November and December Of which , I know Gary and l and Alan , the City M3nager from the Deouty City Manager from Lakew<,od and a Council member from Lakewood and another person from Lakewood have been working on doing a presentation and a mobile works op Those are due those apphcat1 ons for the conference on the 15th of June for th e early reg1strat1on I you register later , n 1s a higher pnce Those were covered m the buGget So . if you are going to do that , I would encourage you to do that In fa ct, I would li ke to do that Since it's due on the 15th of June It's $415 00 Is the regIs11a1Ion fee for Denver So I'd like to make a motion for approval for that. coming m November and December Co1;11cil Member Olson asked would th 1s be the ttme for everyone to state whether they will be going or ,1ut and do 11 all al once Mayor Woodward sa id th is wov ld be a good time , yeah , if they are able lo It's In your packet Council Me mber Jefferson said remi nd me of the date aga in Mayor Woodward sard November 30 th .. to De cember 1 2,3 or something like tha t Councrl Mem ber Penn said I would be wantmg to go, Mayor Council Member McC ashn said I would also Council Membe r Wilson sa id I would also Mayor Woodward said you also what? Council Mem ber Wllsor, said want to go I would like to go Bob does and Rand y Council Member Olson said I am unable to go. Council Member Jeffer son said I thought she was planning on at1end1ng Mayor Woodward said okay Rick, this Is an opportun ity .. somethmg 111 town Council Member Gillit said I understanrl I have the sa m ,? budget concerns I had last !Ime Mayor Woodward said okay Council Member G1lht said even more so tha n lac;t ttme I still don't understand why we 1ust can't send one or two and have them re port back We are talk in g ati:1 ut seriou s budget issues It Just seems ,nappropnate, so I'll say no Council Member Olson said Is II possible to use the ir di scretionary funds of a person every month towards that City Attorney BrotJrnan answered yes Ma1or Woodward said yes those are ava il able on an annual basis Counc,t Member Olson said so can I.. so since:! I'm not usmg mine can I offer mine up? Would ~•IJ u like to go Ri ck ? Have you already used yours? Cou .. 1cII Memoer G 1lh! rephed yes Council Member Olson said would you like to use mine? Ma yor Woodward said d id we charge that ? You can't do that Council Member O lson repeated you can 't do that Sorry Ma yo1 Woodward said I tnmk we did that m the past and we revised that Several Council members spoke at once Council M ember Olson sa id you still can 't do 11 Okay Well , so someone else could though Council Member McCashn said we could ch1p m for him Take up a collection Mayor Woodward said chip In for what ? Fo r who? Council Member Olson said a donauon Mayor Wood1Mrd stated Rick the money Is covered ir •iie City Council budget But Counc il Member Olson said , hes not wanting to use the budgeted money Council Member Gilht said we also budgeted that we wou ld get a certam amount of money that we obviously kn ow hasn't come In , so I JU St cannot m my conscience, say yes Counci l Me mber Wilson said do you have your d1scre uonary funds ? Counc il M ember G1lh1 said I've already used mine Council Member Penn said used 11 up alread y Ms WIison said oh okay Mr Penn said I will use my dIscret1 on1ry fund smce I've never used ti Counci l Member Wilson sa id I w ill use m y d1screttonary fund Counc il Mem be r Mccaslin said it's alread y hudg ted Council Member \,'vtlson said ye ah bu t I I don 't use m y d1s cre t1ona ry fund Mayor Woodw a ·d saIc! whatever okay lets take the motion al ! together then Would that be okay ? Several Coun cil mem b ers agreed MAYOR W OODWARD MOVED , AND CO UN CI L M EMB ER WI LSO N SECONDED , TO APPROVE THE EARLY REGISTRATION FEE OF S415 .00 EACH FOR COUN CI L M EMB ER S PENN , MCC ASLI N, WILSON , W OODWARD AND JEFFERSON TO ATTEN fJ THE NLC CONFERENCE IN DENVER AT THE END OF NOVEMBER AND BEGINNIN G OF DE CE MBER 2010 . Co1.Jn c1 I Member Gtllit ::i:=l1d can I rIease clanfy? I would love 10 go I 1ust earl'! ask the res1rlents to do !hat for m e It's my conv1ctt0 n (.ounc1I Member Wilson said but if we are all using ou r d1scre1,onary funds Council Membe1 G1 ll 1t sa id I've already used rr,In e so Cou ncll Member Wilson sai d and you used yo ur~ Mayor W ood ward said that isn 't t1 1e poi nt J ul Coun cil Memt-• Mccaslin said be cause 111s alread y bu dg eted Ms WIison sa id okay Council Mem ber G 1:I1t said I'm not JaInst 11 I'm not again st the tram rng I Just I ha ve already us"!d mine throug h , you kno w , s endmg le tt ers and conta ct mform at 1on and forums and everythmg so So , Coun cil Member Jefferson said worI t yo u support th e rest of us gomg ? Coun cil Member Gtll1t said usin g d1scre 11on ary fun ds yes Wh ch C oun ·.:1I Mem ber Jefferson said . are stil l ta xpayer dollars. so Council Mem be r G1 ll1t sa id but ,rs alrec:dy It s already you 're going to use 11 Th en you won't be able to use 11 for Englewood City Council June 7, 2010 Page 20 anything else . Th at will be your choice . Council Member Jefferson said I guess I value the value of the ongoing education and I fe el like It en riche s me perscnally to help make very difficult , complex dec isions on beha lf of the citiz ens . And , you kn ow , I th ink that sum of all of our decis ions over the course of ou r term will significantly outweigh the cost of the $400 .00 here to send us to a tra ining, an educational type piece . And just to respo nd, you know , about send ing one or tw o, and in some situations, particularly when things are in different location s, I'm who le-hearted ly on board with that. But wh en it is nr,t in our backyard , and I feel like I can get re al bang for the buck for the constituents on th is kind of a th ing ... Council Member Gllllt said we j ust went to NLC two months ago . I ha ven 't... we haven 't even heard yet what we learned there . We just went to CML two wee,onds ago ... last weekend . Mayor Woodward said no . Cou ncil Member Gilli! sa id not CML . Breckenrid ge . Mayor Woodwa rd said we havE:n't gone to CM L. We haven 't gone there yet. Council Member Gill it said whenever that is com ing up . Mayor Woodward said we approved it. Coun cil Member Gilli! said we approv ed it. It just...Co•m cil Mem!ler Mccaslin said CML hasn 't co me ye t It's in two weeks . You know , we ... Cou ncil Member Gilli t saici that's w;•v you have a green button and I have a red one ... Co uncil Membe r J,,ffers on said I unde rsta nd exactl y. T~at's why I just wanted to share ... Ma yo r Woodward said Joe ... d.d ynu second th is? Mr. Jefferso,, ,aid I will , s, .. ~e nobody else has . Several Coun cil Members spoke at onr.e . May or Woodward sa id Joe seconded It. Coun :il Member Jefferson said and aga in, not to beat up on you ... ! j L•st wanted to make it clea r yo u know why I am generall y supportive of this and ... Council Member Olson ! aid and I am very supportive of yo u all going and I would be asking too , but I am teaching a class out r ,f the country at that ti me aga in and so I wis h I could I be there . I think it is a great opportunity for you all toge rher. Counc il Member Pen n sa id tough duty again . Council Mem bar Olson said ye ah. Th ere was la ughter. Vote results: Motion carried . Ayes : Nays : Coun cil Members Penn , Mccaslin , Wilson , Woodward, Jeffe rso n, Olson Coun cil Mem be r Gilat (b) Council Members ' Choice (i) Council Member Gillit: 1. He sa id th an k you Mr . Mayor . A couple of thin gs I have toeige!. One is I had a cons tituent call me abo ut Cafe 180 and was conce rned about transients . When yo u offer free too<', no pay , there 's a concern of wha t's go ing to hap pen to o, r ,;owntown . Yo u know ... I'm not saying it's a so up kitchen , but it's , in a sense , somewhat tha t. Where yo u are allow ing people with no mean s to come in and e Jt. I'm tha nk ful that there is a pla ce like that but, you know , I ha ve to air the ir concern as wel l. Have .,e looked at...has there been an,· impact at an y ... at the other locati on with tra ns ien ts or other pe ople that we know of that we need to be prepared for? We don 't want everybody park ing in the King Soopers park ing lot ove rn ighl wa ltl n~ for the ... Co.,ncil Member Wilson said they p,obably don 't have cars . Council Member Glll it said we do n't know . Mayer Woodward said th e o•,er ... the one up on Colfax has been su ccessful In thal they are not on ly serving the p,,opl e in need , but they are also serving professio na ls and bus iness people who are paying the va lue .. what they be lieve the value to be . That is hap pen ing to the point that that part ic ular one is actually runn ing at a pro fit. And it's, I thi nk, three or four yea rs now th at it has been in operation . So , If that he lps yo u ... ! th ink you will find , oecause of the nature of food , that yo u will have a different type of cl iente le . and not only , I th ink , possibl y what you might be th inking is homeless or so meth ing like that coming In , but ycu may fi nd people that are com ing from the se nior centers or poss ibly people th at wc,uld usually go to fl!.sll ey for the VOA lun ches , as a chang e ,r,aybe co ming over there or somebody that just want s fresh food . Cou nc il Member Gillit sa id right. And I agre e. I unders ta nd . I think the conce rn was we are looki ng for a certain image for our downtown an d they were just concerned that th is mi9ht co nflict Nith that goa l. I just 1·,anted to bring It up becau se I said I wou ld . Cou ncil Memt,er Jefferson said • • anothe • thing I'll hig hlight as well , was In just read ing the Eng lewood Herald article , It set •ms like they are nc,, jus t tol illy hand ing things out, they will pu t you to work or ask you to volun teer on some level If you do take some ood for free .. .for no co st and maybe ti 3l's kind of 3 w ning quest ion go ing forward . Council Member Wils o, said I th ink It Is also j ust giving back an d, yo u know , ll<e, I could go in there and pay for my lunch and • work so som~one else cou ld eat. And I th ink ... Coun cll Mem:,er Jefferson sa id some people pay way above and beyond what the val ue Is, is my understanding . C,uncil Memtl!lr Penn sa id yes . Coun cil Memb er Wilso n said yeah , and so be ing able to give back is ju&t another way to , olunteer in the City , that's not. maytc ,h rough the • • • Englewood City Couacil J u n e 7, 2010 Page 21 City per se So I think 111s a great opportunity and I really welcome them and are exci ted that they are coming tha1 they would choose Englewood fo r their restaurant Council Member Jefferson said what abou t zoning 11 s close to the what about zon ing ? City Attorney Brotzman said I don't believe there 1s Council Member Jefferson satd li ke for a what do you c al l 11 a soup kitchen I don'! know wh at the term for It what 1s tt ? Council Member Olson sar d 1t rs not a soup kitchen Council Member Jefferson said I kn ow it It isn't that Counc1 I Member Olson said 1t 1s a reta il operation with varying prices I mean m terms of 11 s by the chorce of the customer Council Member Jefferson said sure t'm Ju st asking a question of where do we zone people who give away food? Food banks I guess wou ld probably be more appropnate Counc il Me mber Wilson said but Mayor Woodward said food banks are usually food that you take awa y Council Member Jefferson said sure Counci l Member W il son said and this ts in a re staurant so it's not just like someone . you know, having it on the corner Council Memher Jettersnn said sure , sure Council Member Wilson con tinued I don'l...by restaura nt does that mean t:--1 e~ nave to charge? Council Member Jeffp·son sa 1d I think so . 1f I'm ngh t. I mean I can't know If they are JUS' to ta lly giving fo od away, would that r. :e,11 the defm1 t1on of a food bank? I guess that's my questio n Mayor Wo }jward sa id well . I don 't think they are JUS t g1v1ng fo od away You are trading You are either g1v1ng the value of what you be heve the food to be wort h er the value of ~ our labor Council Member Jefferson sa1d sure I'm not arguing th at the } don't sit in the current zone d1stn ct I'm JUSt suggesting I'm JUS t asking what 1s the defm1t1on thal defines th e de f1nit1 on between a for-profit restaurant and a food bank ? And I heard someone here mos! of those are located 1n a church , th ey don't charge anything , and you kn o w sometimes I don't know Just looking for clanficatt on Coun.:tl member Gtlli t satd again m y poi nt to bnng 1t up 1s that I told them I would bnng 11 up , so we'd let our Pohce Department know that we do have some residents concerned Just 1f the y co 11ld kind of keep an eye And . hopefull y we'll have nothing bu t great success 2 He said the secor-d issue I have ts not th is last weekend . but the weekend before , my w ife decided to take her car to tlie fire stauon to le t our firemen install th e car safety seat I don't know what that says about her conf1~:.:-r-:ce m me when installing the seat Wh1cti I support we have great firefighters, w ho are also great car seat technicians I lh 1n k that's the term . correct? So one of the things we talked about 1s that my wtfe and I gave a do nati on to the fir ehouse wh ich I found out that we weren't supposed to do so the donation was re turned But I did call Chief Mike Pattarozz, lh1s morning and I talked to h11n One of th e th in gs we'd hke to do is have a community ou treach where people can donate for car se at s I asked him I 1ust brought this brand new car seat fc r a ...:h1ld that may sit in two times three times. bu t I guess you can't donate a very good one , you can donate a b ;and new one The Fire Department has a way of buyi ng them very inexpensive. S60 00, whi ch ti they can buy a car seat for $60 00, God ble ss th em That's one of the things that th ey are going to need 1s that hey are going to need some help Later on this year probably I w11I be working with the Fire Depa rtment 10 do a com mu01ty awareness and some ra ising funds 10 help ou r underpnv1leged fam 1hes . single mothers get some car seats So , we could lo ok at domg some thing hke that la te r on this ye ar and mayb,.,. Coun c1l could help out I'd love to be part of that Le , help them ou t Otherwise that's 11 Mayor Woodward sa id I 1ust want to "ind of ad<.J on to that I think I don't know M ike isn't :;ere, bu t I think that Englewood 1s kind of known tnrough')ul tile young fam1 l1e~ that they can come and have th · ~erv1ce so we have a lot of people tnat come 1n fro m cuts1de tn e City for that serv1 ce And kudos to the Englewood Fire Department for Council Member G 1lht ::aid so Jl•s t for he record 1f an ybody wou ld like to give to a car seat it's S60 00 You can mak 11 out I don't know how City Manager Sears said JUS I make 11 out to the City Council Member G1lht said to the Ci ty of Eng leworJi.1 for car seats and we can help some of our single mothers and un derprivileged fam ili es Mayor W oodward said lhanks Rick (11 ) Council Member Olson She said I have a co uplt of thing s One has to do with th e C Jnc1I request that I made o n th e 1t went out m the June 3rd Cour ;1 1 Request Update, which was Requ est #1 r 113. the non -conform ing lot-width concerns I don't know 1f someone here can speak to this Tnc1a isn't heie anymore Bt1 t maybe 11 1s a further request that Mayor Woodward said Alan 1s here Council Member Olson said Alan ca n . perhaps Council M emb r Jefferson said oh JOY 1\/ha l a JOY lhts 1s There was laughter Cou ncil Member Olson said I re ad this and I am really glad th at there 1s so rnu ch documentat ion , but I am reall y co ncerned th ~t th 11; woman cann ot or this family cannot sell their home because of this but I'm not sure thal's sti ll true or 110r h;.~prj on wh at I am reading Englewood City Counc il June 7, 2010 Page 22 And so ... ls there any ... it's the 371 12 lot problem . Director White sa id we ha ve offered .. Council Member Olson s&id a non-conforming lot. It's not a non-conforming structure , right , the structure Is conforming , but the lot is n't and so she is not able to se ll her house . It seems like there is 50 homes in the area that might be similar to th is. Director White said we haven't had .,.we have offered to meet with her , and an y banker of a potential seller, to explain thls ... or a buyer ... to explain th is situation and we have not been taken up on that offer yet that I know of. l...we quoted what I thought was a very approp ri ate sentence from the appra lsal ... saying that In his opinion , it did not affect the property value . All kinds of cond itions go into the property not sell ing . Personally , I'm not convinced that a non-conforming lot status was wh y it is not selling . Council Member Olson sa id so that shouldn 't be ... l mean her last letter was May 7th , so you've contacted her since then? There wasn't any follow up to th is one . So , the follow up to th is one is that maybe someone has made contact with her again and ... Ma yor Woodward said I have talked to her on numerous occas ions . In fact , as she put in there , on the enclosures , there was never a co py of the appra isal , although it sa id it was enclosed . Fin ally , I sa id plea se send me , please ema il me ... l want to see the appraisal. And what the app ra isa l said didn 't add ress the lot. It says non-confo ,,n ing structure , which is a lot different than a non-conform ing lot. And , in talk ing to some loca l lenders , they were baffled . In talking with Tricia, Brook , Audra , Ala n ... nobody else has gone through this program or problem within the City . And this started last sum mer and so somebody else has sold a 37 112 square foot lot with a house on It. So , I know , because I've been In the e-mail chain , that Tricia has offered to meet and do some th ings , but what Debra wants is a vari ance , but it Is a variance on what? A variance is good for six months and it is on improvements . Yo u don 't get variances on land . And so , there's een no statement and until that meeting happens and , hopefully , she will bring her attorney so that there is some clarity on it. Because I th ink lt's ... l don't know what more Commun ity Development can do to rea ch out to try to deal with th is. Council Member Olson sa id I mostly wanted to get that in the public record so th at we do know what has happened . Otherwise it looks li ke nothing else has happened. So , that's extremely helpful... thank you . 2. She sa id the second thing is the medical marij uana . I don't see It on the Study Sess ion topics and I'm • wo ndering if we know when it might come up ? Do we have ... City Attorney Brotzman said we are worls 'ng on • sch,1dules for that...today , I don 't have the dates yet. Council Member Olson said okay . Council Member Jeffr,'fson said soon ? Mayor Woodward said the Governor is supposed to si gn that th is week . Council Member Jefferson said he has signed it. Mayor Woodward said oh , he did sign it today? Coun cil Member Jefferson sa id yes , today or yesterday . Mayor Woodward sa id 1289 ... 1284 ? Council Member Jefferson said both I belie ve. Mayo r Woodward sa id great. Counc il Member Olson said th ank you . I thin k that's It. Mayo r Woodward sa id thank you Linda . (i ii) Counc il Member Jefferson : 1. He said just to respond to som e fo lks w,,o came to comment today . To Elaine and Matthew; I don 't th ink anyone ever re ally , you know , th e co nversation surrounding on -street pa rki ng certa inl y wasn 't any sort of disc ussion around chang ing th e po lic y. Yo u kno w, I think It wa s more for clarificat ion about what's appropri ate on street and what's no• appropriate on stree t. As far as slashing tires , I had to th ink about th at. I too k it as a joke and I assume that everybody else who laughed and did thos e th ings assumed it was in jes t totally . 2. He said Steve, th an k you for com ing and commenting about LOVEnglewood . As long as ... and I app reciate all of yo ur comments to night abou t the non-re ligio us mission generally of the organ ization . That being said , I do believe that you guys would be great community partners for us , fo r lh e youth of ou r commun ity. 3. He sa id and Bev , than k you for coming to sha re yo ur support of th ese changes in MU -B-1 . And that's all I hav e th is eve ning . May or Wood ward sa id tha nk you Joe. (Iv) Council Member Penn : 1 . He sa id tha nks May or. Geez , a whole list. I don 't know if I ca n get :hrough all of th is . I had a really good ride -a-lo ng with Officer Allen . Th ank you , Ch ief, for allowing me to do that. I had a good time , sitting in the middle of Santa Fe .. getting exci ted . It was good . • • • • Eng lewood City Coun cil June 7, 2010 Page 23 He said I had my first Otstnct meeting O1stnct 3 meetmg at Duncan Park I would like to thc:nk Gary for being there Thank you Chief Vandermee again was th ·re 'alk1ng about Code And Jerrell Black I think Jerrell went home but Jerre ll was there to talk about tne I Jgress of Duncan Park and we had a really good group Bob was there to help With sorrce of the talk And ,1ayor Woodward also dropped ,n after this Cultura l Arts meetmg I b~heve or maybe Englew oci Housmg Aut onty So , thank you Mt 11£:Yt O,stnct 3 meeting will be June 23rd . on a Wednesday at Cherre1,, :lementary, t 6 pm We'll have tr.c lmpa ;t ream . I believe , Code Enforcement again , Ne1ghborhood Watch , and as always , we always have an open foru ,-.-: So , you are welcome to come over and v1s1t Bnng your lawn chairs Ii 1s very cas ual JUSt hke me Please be there an d have a lot of fun 3 He said to continue the thing with! teve , we hnve a church-Chamber meetmg tomorrow at 55 West f-'loyd at 11 00 We w,11 talk about some of the pannersh,ps with the City of Englewood the Chamber. and the church groups throughout Englewood can have And that wil l be up on the second fioor at 55 West Floyd Don 't go on the bottom floor , because you 'll go m the bar So , we're on the second floor 4 He said Friday we have the Chamber Golf Tournament. staning tee off at 8 00 So . ,f anybody would like to J01", we still need golfers and all of that fun stuff 5 He satd later on In the month we have an Englewood Business P1cn1 c again on the 29th of June We Inv Ite everybody to be there We have some old fas hioned games A lot of fun Anybody 1s ir1v1ted You ion't have to be a Chamber member We 'd lrke lo have businesses We 'd like to have the City of Englewood there Everybod y r ii stans at 6 00 and will be at Cushing Park And so that ,s set up 6 He said I 1ust hap,ened to be over at Bishop Elementary Friday and they had the1r bike rodeo They had community da y The y had a biathlon It was realty fun The bike rodeo , I beheve . was sponsored by Englewood F1re Depanment and Swedish Medical Every one of the students at Bishop had an opponun,ty 10 go through the course It was a great course and a great day l hate to ~ay 1t the strong person In the McCaslrn fami ly did a great 10b Congratulal1ons to her and the whole staff and Englewood Fire Depanment for that 7 He said and then I started a new garden over at Bish op Any body can 10In me Sorry Steve My worsh ip time Is Sunday morning , 9 to 11 , In my garden and so 1f you would ... e to J0In me . coffee and donuts and probably weed the gardens I'd like to have anybody the re All of th e food w ,11 go to House of Hope or any of the food bank s here tn Eng le wood None of 1t will go to anybody else So II has been a busy week and 11 will co nt inue to be a busy week Thank you Mayor Woodward said thank you Randy l v) Council Memb er McC ash n He sar d fUSI to feed of of that Id lrke 10 thank Randy and Jill for sho wing up al th e comm day at Bishop and Tom thank you very mu ch I th ink you got some 1ri for mat1 on I d like to thank the Fire C 01tm ent for the bikes and also the Poli ce Dep artm en t What they did Is they roped off the streets and wer ·rfl the whole day It was fantastic My wife wa s· ) impressed She said you guys are very respons ive r?P ' .,II e wanted to send thanks 1•,rou gh Bishop Elementary You guys did a great wonderful J0b 2 He said second ly, Steve . that I don 't think you didn't strck around the last meeting but May 23rd , that service worship was fantastic My wife has been to Billy Graham and 70 .000 pe ople It wasn 't quite that big but she said the energy was th e-e So she really enJoyed 11 I enJoyed 1t Than k you so much fo r I expected to show up to see two or three pe ople In the stands but t wa s vpry well attend ed so thank you so mu ch for wha t \'OU did 3 He said th e other thin g I did th is week a couple of weeks ago or a month ago . I attended thi: energy co nseivatIon workshop , here at th e C1v1c Center I took up th eir I went through Xcel and got the audit S 120 00 audit whi ch did th e infrared and th e blow they set up a big blower thr ough your door and th ey Eng lewv d City Council June 7, 2010 Page 24 do the aud it as far as all your what you need to caulk In fact , I have three meetmgs tomorrow with insulatlon people and I have lhe caulkers coming out So , I've gol h,e a 11 0 year old house I hat needs a lot of work It was very 1nformat1ve and I'll tell you what. 1t 1s going be a different th ing 1n our house 4 He said I'd like to thank everyone for commg tonight to express all your concerns . I apprecia te it Thank you That's all I have Mayor Woodward said thank you Bob (v,) Council Member Wilson She sa,d yeah , I'd like to th ank everyone an d than k everyone for talking . I always appreciate when we see peop le tn here we are just not staring off in to empty space 2 She said also, I went to the service at the high school a,1d thank you Steve for putting that to;iether and with all of your other church-go1ng friends Council Member Mccaslin said church-going friends? Council Member Wilson said I mean there were a lot of people there and they all seemed to know each other 3 She said Bishop I enJoyed I bought two little plants for my grandchildren and took lhem and the y were very excited to have flowers ,n these little pots that 2nd g, ,1de rs painted So , they lhought that was great Council Member Mccaslin said than k you 4 She said I am looking forward to Cafe 180 I th ink 11 w,11 be a greal asset and I hope 11 takes off in the City 5 She said also I went to the new bookstore , Fireside , over on Hampden , and walked through :~a t and got a • little It will be open ma couple of weeks It 1s very , very nice He will ha\lc 80% used books, 20 ·.', new books , • and 11 has a coffee bar ms,de , and Il has little nooks and crannies hke you ·.h1nk a bookstore should , so I'm looking for lhat lo be a big asset and another business co ming to the City 6 She said and lhen , 811 s should be opening up , whe,e the Auld Dubhner was , and I don'I know if Copper Pot opened up yet , across from Swedish So we are gelling sonie energy bac• ,n lhe City oh and Duffy's And they also do fundra,s,ng too , ,f people or schools needed fundra1 s1ng, they have a program for that So , and I don 't know 1f anyone has had their li ttle cmnamon rolls , bu t they are oehc1ous So . another place Is coming down al Brookridge And that's all I have Mayor Woodward said thank you 13 Ci ty Managor's Repo rt (a) City Manage r Sears said we d1dn' get an opportunity tt11s eve'ltng to consider the mformauon that Mike pul together on Ameresco and I think th is 1s kind of a very important Juncture many of those this even mg but we wou ld hke to get Council's d1rect 1on regarding Ameresco I'll turn 11 over to Mik e to go throu gh the repon Deputy City Manag er Flahe rt y sa,d I'm bnng,ng forth two potential con tra cts for approval for cons•derat1on by Ci ty Council as soon as June 21st Both of these were actually prese nted m ou thn e form by Holly Green , the account executive for Ameresco . back on March 8th , but ti has been several weeks since that has taken place , so I wanted to refresh your memory The first agreement would be th e energy performance co ntract Ameresco has comple ted well In December completed , the technical energy audit of all City buildings , with the excep ti on of well ,eluding the Wastewater Treatment Plant and th e Water Treatment Pl ant However th e Wastewater Treatment Plan t and the Water Trea tmen t Plant are looking at the recommendations and will make a decision independently of the other City buildings But lhe f1nd1ngs of the technical energy audit 1nd1cate d thal we co uld • fund up to 1 4 m1lh on dollars In improvements through energy saving:; over a 15 year term Those are outlined and you'll have a copy of the information from the TEA with the co ntract , when that 1s presented to you The reason that we've been delayed on this particu lar co nt ract bringing forv.,ard 1s th at we had a difficult time obta1 111n g ftnan c1 ng due to the potent ial passage of Amen dment 61 However, Frank '3ryglew1cz . our Fman ce • • • Englewood City Council June 7, 2010 Page 25 Director ha~ been working with the Fmance Director for Ameresco and th ey now believe that by the . prior to the 21 s t the y wi ll have the fmanc 1ng 1n place an d at tha t same meetmg assuming that it 1s 1n place , Frank will also brmg forward an ordmance fo r th e finan ci ng through a lease-purchase agreement and use of the quallf1ed ·energy performance bonds Iha! were made avail able 10 us by the Staie of Colorado, which wil l grtolly reduce our costs for fmanc 1ng The sec on d agri?e ment, and these are two mdependenl agreeme nts , 1s an Ameresco Power Purcha se Agreement Du ri ng the technical energy aud it we requested that Ameresco conduct the ne cess ary research to determine feas1b1 li ty of photovo lt a1 c solar pane l apph cat1ons Alt hough we cou ld not fit them mt o the energy performance contract. due to cost. Ameresco m;:,de a proposal to finance and mstall the PV systems on fi ve City bu ild ings the Malley Center, the C1v1c Cenler .. lh1s bu1 ld1ng , Safety Services the Po hc e and Fire building and lhe ServiCenter I guess that's four buildings, excuse me Ameresco, under the terms of this agree1T1ent , an d this agreement Is not ye t final either their altorney Is working with our attorney on some issues Many of them rela tmg to certa in cons titut ional provrs ions including the TABOR amendment that have to be accommodated by th e con tra ct, that have no t yet bee n accommodated to our attorn ey's satrsfacuon But und er the terms of !he agreement, Ameresco would design, build . own and operate an d maIntam the syste m sell in g the ou tput to th e C,ty unde r a Power Purchase Agreement, which Is an agreement th at we bn ng forward Ameresco would receive th e Xcel IncentIves , including rebates and the y wou ld maintain the system for the lerm of lhe agreement The cosl to the Cily would basically be comparable to. al least in yea r one , to the cost that we are paying Xcel energy for power However, the cost is 8 8 ce nts per kilowatt hour On average we are paying Just shghtly more than that ngh t now However. the hIstonca l escala tion of Xcel energy rates Is 3 4% Our ,-~caIat1on rate Is capped at 2% annually We also anticipate that th e tota l . the cost of energ y from Xcel Is goI n~ to escalate m the future al a rate higher tnan its curre nt ly escalating In fa ct In 201 1, 1f th ey bnng the power planl onhne at Coman che the Co manche unit th e proiec ted rate mcrease Is 5 7 for 2011 There Is a graph on the se--.,nd page of the mem orandum I've provid ed for yo u You can see In that graph, that there Is not a large sav11 .~s m the first several years of th e contract We really don't get mto significant savings of over S 100 ,COO 00 a year until year t 5 Th e an l 1c1pated life of th e PV solar system Is about 30 years and based on the t. urrent rat e of escalation of 3 4% of Xcel energy rates , ou r savmgs based on the PPA the Power Purchase Agree en t would be a tolal of $857 ,800 00 over a "r, :ear term Obviously. we have also some other considerations inc luding th e structural mtegnty of the bu1ld 1: · we are repla cmg these units on and Ame resco , once we sign the agreement, will not go forward ~1/ have complete d a detailed struc tural analysis tha t has s1gn1f1cant costs, so they don't want to go forv. ard with that at th is time, un til th ey kno w we have a contract In pl ace If the structura l improvem ents 1f structural 111.prnvPm::1t!": ~re required and Ameresco can flt them in to their performa, they will do them If they can not or 1f we c hoose .e to tne str uctural issues tha t may come u p ei ther party can th en cancel the contract at Ie ast on that particu la r bu1ld mg And again . this will come forwa rd 10 Cou ncil as a full item for your considera ti on &s soon as the 2 1st 1f all th mgs are m place Questions? Council Member Wilson said great JOb Great , great JOb I know that you have been workin g on this for awhile It's phenomenal II wi ll be 111s Jus t huge for the City Council Member McC as hn agreed Council Member Jpffcrson said how much d1scuc;s1on are we planning on havIn'.:I ori this th,s eveninq? Is 11 1ust present and ask questions? City Ma nager Sea rs said we Just wanted to Ie1 you kn'Jv,, It was really a Study Session issue If 1here are questions concernI n~ obo~•t moving forward but 111s coming back with a contract We Just wanted to get Council's consIdP.:rauon as they move ahead Council Member Jefferson said okay Maybe I'll iust as ~ a couple of qu ick questions and we'll Jus: k111a of leave II at that O ne question was a lint cl anf1 cat1on on you said Xcel rate increased m three yt:~rs m 010 I m sorry, 2010 And then , with u,e Comanche I guess I d1dn'1 understand exactly what thal mean! Depuly City Manager Flaherty said thal's a new unit thats coming onlme at some pomt If n comes on l1ne 11 s going to bump all of our Xcel energy rates a bit to pay for th at Council Member Olson said you too wi ll be paymg more Council Member Jefferson sa id okay, excell en t And then, the 3 4 h1stonca l ra te mc rease you were talking about Do you know how far that goes back. Jus t out of curiosity? Depuly City Manager Flaherty said !hat goes back . I believe to 1990 Mr Jefferson sa id and then th e last question I have for you Is you mentioned the purchase pnce of electricity Is 8 8 cents per kil owatt hour escalating at 2% per year. and you used th e word capped Just now If the mark et escalation Is less than that we will pay less than that? Deputy City Ma"'ager Flaherty replied no It will be 2% a year Cou ncil Member Jefferson said okay Thank you "f.1at's all Oepuly Ci ty Manager Flahe rty said 11 would not be greater th an 2% but not less a ye ar Mr Je fferson said thank you Englewood City Co uncil June 7, 2010 Page 26 Council Member Gillit said I have a question Mike Kn ·J wing that we were going to be d1scussIng this , I talked to sor1e enginee rs tn the PV industry . and the y are all t?lltng me that in a year or two we will have a new generation of solar pane ls .. solar cells That the old generation 1s .. the process 1s not environmentally fnendly It 1s environmenta ll y friendly once 1t 1s m;tde , but 1l 1s not an environmen ta lly friendl y process with all of the che mica ls /Ind another thinJ I'm beIn, told ,s that the cells don't, I mean , asking for 30 years out of a solar cell ,s li ke asking your Dell computer to last 30 ye ars The likel ihood of... because those solar cells are compu1er chips . they are manufactured ;ust like a chip .. and , you know, I would like 10 have a little bit better guarantee of what are lhe y usmg ... are they going to be installing the old stuff? Are we . you know , are they going to be looking at the new technolog y? I also know that if cap and trade passes we are going to need to have something of this so .. because I know our bills .. the City bills will go up. I am concerned abou t, you know, like . Windows 7 Is out , but they are try ing to sell us XP shll Dep uty City Manager Flaherty said that's a good point and the techn o log y changes almost daily . I have the information on th e syslems that Ameresco is proposing to utilize and I'll pro vide that as part of the informat1on 1n the packet for City Council for your considerat1on when this does come lorward But again , will th is technology be different ,n two years ? Probably 11 wi ll be The question Is do we want to go forward now or do you want to wait two ye ars and then by that time , there will be new te chnology coming in the next year that will even be better So , it's always that quegt io n with any technology. We find it with compu ters that we pay multiple thousands of dollars for a few years ago that now we are getting for $500 00, and the y are faster and th ey are more powerful It is JUSI a question of when do you want to pull the trigger . Council Member Olson said a follov1 up to that that Is a good question and a com ment Jsuall y compani es like this do know !heir ro ll out for 1echnolog y w1th1n five years , at least So. they must know what they are going to come up with in t\vo years , to some extent When you present to us again , coul d they give us some comparisons on whal the y think the future migh t hold too , and liming issues and cosls and that kind of thing as well? Deputy Ci ty Manager Flaherty said I can ask that certainly Council Member Olson said I mean 1f the y can I know it's not a precise .. Deputy Cit y Manager Fla herty said Ame res co does not manufacture umts , but I'm certain that they will have 1nforma!lon on what th e current generat io n Is ve rsus what the bene fit would be for wa iting Co uncil Member Olson said great. thanks Se vera l Council members said !hanks Mike Depuly City Manag er Flaherty said thank you (b) City Manager Sears said the other thing , I wi ll be out of town next we ek , partia lly on vaca tion an d partially to to my last service to the NAS PA program for graduate schools Getting paid for by them I'll be done with 1ha1 phas e. But Mike will be here during that lim e That's all that I have Mayo r Woodw,,rd said thank you t , City Att J rnoy's Rep ort fa) City Attorney Bro tzman said I actually ha ve several things tornght The firs! ,s a requ'c?St for a mollon to •,ettle ::,1y of Englewood versus Capri Pools for S200 000 00 COUN CIL MEMBER PENN MOVED , AN D CO UN CIL MEM BER WIL SO N SECO NDE D, TO AP PROVE Tl IF; SE TTLE~ENT PROPOSAL , IN THE AMOUNT OF S2 00 ,000 .00 , FOR ARAPAHO E COUNTY DI STRI CT COU RT C.ASE NO. 09 C V 2433 (C ITY OF ENGLEWOO D v. CAP RI POO LS, LLC , LO UI S POOL CO MP ANY, LLC AND COUNSILMAN-HU NS A i<E R) PERTAININ G TO TH E L EA K AND FAI LUR E OF A W ALL AT PIRATES COVE . Mayor Wocdwa;j asked 1f there was any d1scuss1on or ques ti ons • • Cou nc il Member Je fferson said I am generally sup ptJrtI ve of th e se ttl ement th e se tt le ment amoun t s1gnifica 1:tly covers or cJvers all of our cos ts of repairs and also m1nIm Izes the 11;)k of running up l1t1gat1on costs So. in my • mind H mc'~es a lo! of se nse • • • Englewood City Coun cil June 7, 201 0 Page 27 Coun cil Member Gillit said an d JUSI for clarity , we are not oaying the settlement , we receivi ng the settlement Ctty Attorney Brotzman said we are rece1v1ng Council Membe r Olson said 1hat's important Several Council members spoke at once Vote re sults : Mot ion camed Ayes Council Mem bers Penn , Mccaslin Wilson . Woodward , Jefferson , Olson , Gilht Nays No ne {b ) City Attorney Brotzman said I do also want to recognize that during the Executive Session , we added one item along w ith employee nego tiat io ns , along wi th the l1t1g at lo n matter .. we also had a rea l estate negotIatIon matter . It should appear ... it will be .. the negotiations will result in resolution that should come back on the 21st. {c ) City Attorney Brotzman said one other quick it~m . Usually I don't do recogni tion of City programs I do want to recogn,ze Dave Lee and the folks in Parks and Rec. They do a wo nd erful Memorial Tree Program . They did one in Cushing Park for my mother. Th ere is also one for my father at the golf course . But Dave and his folks are JUSt wonderful with that program and It is a last ing memory that Is really a nice program Council Member Jefferson said tha nk you for sharin g that Council Member Olson said that's great . City Attorney Brotzman said that's all I have Council Member Penn said Mayor Woodward I have one more th ing sorry Th ey are having a cele bration here Sa turday June 12 th at 1.00 for the Fre edom Service Dogs. They are graduating 16 dogs and I thin k, 1f you have time it will be at Hampden Hall. Come by and visit Council Member Wilson said I actua lly th ink there may be 20 Council Me mber Penn said Tom JUSt told rne 16 So 16 to 20 Council Member Wilson said I was Just there this week , so Council Member Penn sai d anyway so if you have time .. thank you 15 Adjournment MAYOR W CO W ARD MOVED TO ADJOURN lhe meeting ad jo urned al 9 42 pm. 1/