HomeMy WebLinkAbout2010-06-21 (Regular) Meeting Minutes•
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1. Ca li t o Order
ENGLEWOOD CITY COUN CIL
ENGLEWOOD , ARAPAHO E COUNTY , COLORADO
Regular Session
June 21, 20 10
The regular meeling of l he Eng lewood City Council was called to order by Mayor Woodward at 7:39 p.m.
2. In vocat ion
The invocatio n was given by Cou ncil Membe r Mccaslin .
3. Pl edge of All egia nce
The Pledge of Allegiance was led by Council Membe, .. ,cCas lin .
4. Ro ll Call
Present:
Absent:
Council Members Jefferson , Olson , Penn , Giiiit, Mccaslin, W ilson ,
Woodward
None
A quorum was present
Also present. City Manager Sears
City Att orney Brotzman
Oepu ty City Manager Flaherty
Ci ty Clerk Elli s
Deputy City Cler k Bush
Director Grygl ewicz, Finance and Administrative Services
Seni0r Planner Langon , Community Developme nt
Housi ng Specialist Grimmett, Community De ve lopment
Se nior Planner Stitt, Comm unity Development
Plan ner Voboril , Commu nity Development
Di rec tor Eaton , Huma n Reso urces
Poli ce Chief Va ndermee
Co nsid erati on of Minutes of Prev ious Session
(a) COUNC IL MEMBER GILLIT MOVE D, AND CO UN CIL M EMBE R J EFF ERSON SECO NDED ,
TO APPROV E T HE MINUT ES OF THE REG UL AR CITY CO UNC IL MEET ING OF J UN E 7, 2010.
Ma yor Wood ward asked if there were any co rrec tions or modifica tions Th ere were non e.
Vote resu lt s:
Moti on ea rned .
Ayes : Co unci l Members Penn , Mccaslin, Wil son, Woodwa rd , Jefferson ,
Olson , Giliit
Nays None
• 6. Re cogniti on of St h(?du led Pu bli c Co mment
(a) Rodney Len tine Mu se um of Ou td oor Arts Chie f Operatin9 u 111ce ,. a nd Cynthia Madden Leitner,
President , will add ress Council rt:.'garding poss ib le devel opmen t of a Proie cts Linking Arts , Commu ni ties, and
Englewood City Council
Jun e 21, 201 0
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Environment (PLACE) project in Englewood . Ms . Leitner said hi, welcome . We wa nted to come here this
evening to update you a little bit about what the Museum of Outdoor Arts is work ing on , in cooperation with the
non -profit development group , called PLACE , out of Minneapolis . For those of you who have not seen the
exhl~itlon we're currenlly showing at the Museum across the hall , I'd encourag e you to do so . It might give you
a little belier und erstanding of what our Museum of Outdoor Arts is focusing on . In the spirit of creating
environment , we recognize that environment, even though we are an arts organization , it is not just abou t the
fine arts , it is also about the quality of architecture and how people live . And as a museum , we feel we're
progressive In going into the future . We believe that sustainable environment, along with In tentional community ,
is going to be very important to commun ities at large. This is not just because, for instance , we baby beamers
are going to be retiring and we all want to find a different way of lifestyle and something that maybe is more cost
effective . It also is conscientious of the environment and how cities are going to be formed and how do you
retain the sense of quality community within that type of environment? So , a few months ago , you know , th is
has been a long term study from the mu seum's point of view and we've even done classes on architecture . And
a few months ago, we had the opportunity to me et with PLACE in Minneapolis to dlscLss the potential of th em
coming to Englewood and potentially doing a feasibility study of th e Denver Metro area , specifically Englewood ,
because this Is our headquartered hometow n, so to speak . We 11ke to feel that the museum's contributed to the
quality of fife in Englewood . We are very vested In th o City and we feel the City has shown how they are vested
In us . So , we just were researching , you know, the opportun ity to •Jo something with them to at least explore
this community and see if the museum could partici pate from an orts point of vie..,, knowing that this non-profit
development co mpany has specialized in communities that a,e founded on artists living in those communities;
i.e ., there is a development that they just completed In Ventura, California with the City of Ventura , called
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WAV ... it's an acronym ... l ca n't be tested on what It means , but it means something ... oh .. .Working Artists
Ventura . Ventura ... The City of Ventura , which Is about 100 ,000 peo ple , didn't wa nt to lose their artist
community . They knew their artist community brought , not just creativity, but educatio n to the schools . All of
the th ings all of you already know what the arts do , obviously . I mean , you've been very , very ... set a great •
exa mpl e of how you feel about the aI ts ... the City has ... the City of Eng lewood . In doing so , they formed a
c.vmmunity with PLACE that artists would qualify to live in artlsUstudlos . In return , they would create
performance art , exhibitions , work with the other people that lived In th e commu nity , because It is n't just based
on artists living in the co mmun ity, but they are the heart and soul of it. I did get to tour that...the who le
environment, the whole set-up and the econom ic developme .. t... :ie head of the City was there and Ventura has
benefitted greatly, even t'. ··,gh th is o,s just opened in the past year. They have all different kinds of housing ,
from housin g fo r people who had rec~ally lost their homes to housing for artis ts at the studios to high end
condominiums that help support the project. Rodney will tell you a little bit more what they do . I know our time
is limited . I wou ld encourage you to come over to th e museum and see ... we worked with two architect artists
from ba ck east in developing an off-the-grid home that we're showing at th e museum . It is also aesthetically
well aone and we're hoping we get to build the prototype . It may not necessarily be part of th e community that
might happen in the Denver Metro area . That PLACE , after th ey do a feasibility study next week , might say oh
yes, we 'd like to be Inv ited to go ahead and become part of discovering a community in this area . It would give
you an idea of where our hearts have been In working toward something of th e highest standards ... of
environmental standards that there are . So, In that case , we are very kindred with PLACE and our belief
system . And I've heard that the City of Englewood , Isa is very much look ing at sustainable hou sing and what
that brings a commun ity , But I'll let Rodney tel l you a little bit more abou t PLACE .
Mr. Lentin e said in a nutshell , just to let you know what we are doing , the museum has funded a feasib ility study
that's goin g to happen nex t week . It's going to be starting on the 28th . We are going to do site visits on the
28th, tloree .. .four of th em In Englewood . One of the locations that we are very Interested In Is the Flood old
Middle School site . We'll do si te visits and after t,1e site visits , we are going to have focus groups the followlng
day . There's a leadersh ip group. There's a fin ancial grou p. There 's a hous ing and environment group . ~n
artist group and that will be followed by a public forum . The public forum will be here in Englewood and that's
designed spec ifically to ge l..l guess not so much buy In, but really to uncover any peo ple that are either a)
agai nst It, for it, support , there might be business people in the audience that say hey , I'm re all y Inte res ted in •
heing Invo lved In this type of community or there might be other developers or people who don't even want...the
City may not be interested In it. So , that's the whole purpose of next week is the funded study to see how we go
forward and hopefull y bring a sustainable, developed artist community , hopefully , in the City of Englewood and
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Eng lewood Ci ty Co un cil
June 21 , 2010
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the Flood Middle School site 1s the one that we're most as far as the museum 1s. most interested in, that's the
site th at we are lookinq at
Mayor Woodward said oka1 Thank you I'm looking for•·a 1d to talking a ltllle btl about this at th e.end, because
having gone and looked at the websites and some of th ... 11format1on it's really of interes t as far as everythmg
from the art park 10 the housin g the affo rdable ~o using to high end housing Mr Lont,ne said and· e E
genera tion part of II 1s it's not necessarily a muot ha \fe, but 11 1s also very interesting how this actual community
can be self susta ini ng from a power grid standp1,i11r M~ Leitner said that's PLACE 's goal is to make itself
sustainmg from the power gnd standpoint and the L ,.,~n~'ra t1on would be manufactured on-site and 1f that would
happen, ,1 would be the first developmen t of tis:,,,., tr• e e world , that we know of So, Iha! would be excItIng to
them . Mr Lentine as ked if there were any que stlon!i Mayor Woodwa rd said not at thi s tim e Thank you
Seve ral Council m~mbers said thank you Mr . Lonline said hopefully . I know a lot of you were 1nv1led and
hope fully we'll see you at the leadership study next the 29th Thank you Several Council members said thank
you
Rec og nition of Unschedu led Public Comment
(a) K,m Love , a l.lltleton res,den l , said good evening Hone"'" '1il a,, 11 1 Ci l y Council. As you
know , I am pres,denl of Englewood Unleashed . I apologize I am gelli ng · '.·Jl!tly utr a cold , so I'm a ltllle
hoarse today I wanted to tell you abou t our chil i cook-off even l II was a ,,.ccrd breaker thi s year VJe
anticipated about a 25%•30% increase and that's exactly what we got We had a record attendance and we did
very, very well So we appreciate lhe City's help and parl1c1palion To th ose who were judges , thank you aga,n .
We did very well and 11 was , agam , our biggest fundra1 ser We plan on domg many more to come So , thank
you again , especially for the banners We had Iv.a banners up this year and we fell that really helped Th e
second thing I'd hke lo talk about Is that I want to remind City Council that thi s Thursday , Jun e 24 th ot 6 30 al
the Canme Co rra l Is our annual meeting an<.f BBQ . lt 1s for the whole , entire community Everyone 1n the room
Is invited So, p1i:tase come for hamburgers , hot dogs, brats it's a nice affair You may remember last year. I
think , we go t rained out and we had to move it We all stood under a tent while ii ramed But this year 1'm
assu red by the doggie gods that we 're go,ng to have very good wea ther It's at 6 30 I know some of you are
going to be at a con ference and won't be availab le, but I hope the re st of you car, come Agam , this Thur sday at
6 30 at th e Canine Corral We would ltke to also recomme nd ask . I th ink n's our second reques t to put in an
addi tional ligh t ,n the parking 101 al the Can in e Corral Councilman Gill i! knows by riding along v. th e
police that they wen l ,n the Corral and ,t was a very dark place We gel a lot of use after dark , especially m lhe
spring and the fall So , we would like to add another light in the parking lot And Englewood Unleashed .
because of •·1 e funds we've rai sed , 11 would be possible with the new board commg m, m July , 10 donate funds
toward that as well , so 1f we could get a quick resolution 10 that by City Council I believe the cos ts Pa rks and
Rec lold me from Xcel Energy was about $1800 00 and we can co ver part or thar cost So . we 're hoping that
would be a ood thing , becm1se th ere are a lot al srn glc wom en that use thal the Canine Corra l and ore .J l1ttl c
1,m ,d because of th e dark parking lot So we'd hke lo remedy that as quickly as possible The last thing I'd ltke
to tel l City Council that lhe Jas on Par k. with th e new rules started In Mar ch, have done very well hav e gone
very well H took us a few weeks lo kind of educate everybody about the new hours and that's 6 a m to 11 a m
an d then again p rn to 11 p m rhal's really worked really well Pretty mu ct, everyone Is follow ing that There
are obviously a few people wh o co me m from so mewhere lse and don't know We try to let t11em know But for
the most part , everyo ne Is really fo ll owing th e rules and it's gone very well We would like to possibly ask you ,
for th e future , to extend that to a different tun e I know that my tim e 1s up so I'll wrap up So . thank you very
much for your help partIcIpa1ton and everything Agatn Thursday ,s the BBQ
Ma yor Woodward said thank you Kim
(b) Co lleen Mello an Englewood res1denl , said I'm here tonight on behalf of a Code vIola1ton
Recently I was given a rotIce that I am not able to park a boat in front of my dnveway m front o' my home
have been parking the boat th ere ,n front for approximately th ree years , from th e end of May to th e mi ddle of
Augus t I have never had a c1;a 1,on In th e three years un til recently My home has a one "'ar attache1 garage
that would not flt a car , let alone a boat to store 11 In the alley we are not able to back 11 mto lhe yard w,tnout
ei ther taking ou t my gara e or a fence. due lo the res trictions nf the area In th e back alley wa I have two boys
Englewood City C.>uncll
June 21 , 2010
Page 4
that take the boat out , usuall y three to four times in the to oming, per week . They leave about 6:30 and return
about 10 :00 , so that way they are able to go to work ·•,ey also ta ke it in the afternoon whenever possible . We
checked out the storage un it. They do not open unP ~.m., which would leave us no t able to use the boat In
early morn in gs . Looking on my block , I was able to ., , ~"r, lo three homes that would be able to meet the
Code requirements , if they had a boat. These are !·.,mes 11,al have no attached garages . They are just a single
dwelling . I know we are able to park an RV In ou ' )'ard year-.. ound without a carport . And I was just wondering
If there was a way to get a permit or a va rian ce tr, wl ,ere I co11id keep the boat throughout th e summer months
before I put it back in storage In August. We had cal 'ed 3nd !a lker to the Code Enforcement about the situation .
The last Code Entorcement we had said we had a .s,; of sp,;ce to meet the Code, cc he just let it slide for us .
The new Code manage r, who is Marg ie, said that I nc~uei1 . ~ trlng this to City Council to see what ki nd of
varia nce or what we can try to work out. This was calleo ,n as a compla int...this was not called In as a complaint
from our neighbors . She was doing a complaint on weed control in th e alleys when she cited us for the boat.
Mayor Woodward said than k you .
(c) Doug Cohn , an Englewood res ident , said good evening . I wanted to talk a btt about green
energy . Last summer when you guys were ta lking about the power, you were talking abut 10 kilowatt units.
And I thought I would demonstrate how mu ch 10 kilowatts was . 10 kilowatts would be two of lhese , two of these
and two of these . (Cle rk's note : Mr. Coh n brought In a small coffeemaker, a hand -held ha ir dryer and an eleclric
skillet.) That's 10 ki lowatts . I guess my point Is 10 kilowatts is not very much light to a City . And I just found out
th is evening, in some of th e buildings that you are look!ng al 40 to BO kilowatts, wh ich Is qu ite a t,lt more . Bo, in
the 40 kilowatt huilding , you ca n have four of eath of ' 0 se. Slx ... e!,~! of each of these . I reco mmend th&\ you
look really caretully at th is solar thing . I would mco talkin g wilt, the Ameresco QJYS about two th ings ·
one Is the 8.8 cents price . At my hobby store 1'18 pa 1 the price they are offering you Is about 50% higher
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than what I pay at my commerc ,al space . The ether po, 11ght now on the ir website , the unit s they are offering •
for Installation are about 15% eft ;cie nt. A standard Is about 30% efficient. Inst ead of. .. for th e sa me size space
you get 20 kilowatts instead of <~. Cutting edge Is about 45 % efficient. You get three times as mu ch electricity
in the same amount of space . I'd recommend having a t1>'k with them guys and getting the good stuff. And talk
to them Jbout the price too . Thank you .
Mayor Woodward said thank you .
(d) Jerry Furma,, an Englewood res ident , said the State of Colorado , in 1963, put a bill into place
for people with developmental d1 ,,abilities to afford them lo come and see how the City is run and talk to them
about the new buildinss that th ey ,,re putting up . I think the City of Eng lewood should adopt this program to get
us ... more people into knowing about our City . That's it.
The Mayor and several Cou nci l members said thank you .
(e) Elaine Hults , an Englewood residen t, said yo u'll have to excuse me , I just th rew my back out.
Before I make a co mment , I would like you to keep in mind that these concerns are nothing to laugh at. With an
anticipa ted current loss of app ro xima tel y $450,000 .00 to date , f, ,m wha t I understand, and going into th e year
with a 2.5 million deficit...now you 're speaking about th is as if It hap~en ed now. I was notified about th is deficit
go in g into this year months ago . Your insis tence on spe ndin g without Input from 'h e residents you supposed ly
represent , I find un conscio nabl e. Yo u know noth ing and I quote "is a real bargain " unquote when funds are
lacking . And by the way, what ha s been going on since 2007? I understand you were re cycling sales taxes
from Cherry Hill s and Greenwood Vlllage ... up to 2007 . Ha ve these funds been repaid or are we fac ing another
court case? And the fooli sh o.,JCi sion, the changing th e Zoning Code ... has negatively affected , not only
homeoY "'ers , but the business community as well . Haven't we had enough legal Issues? Be l I am sure that
you :l what they call negligent bonds , wh ic h means that not only do \he citizens not have a say in your
decis 1c or Influence you in any way , but then they have to pay to protect your rights to be negligen t. I'. must
be nice to be rece ivi ng an income with all of the perks , exempt from the consequences of yo ur actions . I am •
sure the populati on does not know about your seminars , your cost of you r gasol ine, your meals , your lodg ing
and your twice a month meals that you have before these meetings . I'd like to know al so ... what determ ines
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Englewood City Council
June 21 , 2010
Pare 5
whether a property is considered conforming or non-conform ing? And the lady that spoke before about her
boat, that gives you an example of where you are with zoning . Nothing to laugh about Thank you
Mayor Woodward said thank you Just for the record , whenever W's approve a budget every year, there ,s a
public hearing Every year. Well , I'm sorry you can't hear ... I'm tr.,ling you that every year that a budget ,s
approved, there is a public hearing . And at that public hearing , ,1obody showed up . There are also Study
Sessions that are open to the public and there are meetings P,lht here where you and anybody else can come In
and address Council regarding the budget . And so , to say t~,at we are putting together a budget that nobody is
aware of ... is incorrect. Th ey are posted They a,e on-line The y go throug h the Herald. And , as far as some of
the other information , I th ink you are dealing with ha lf truth s:, information that...I guess I'm just going to say
it...flat out lies and uninformed in fo rmat ion . So Elaine , some of the stuff that you have brought fo,ward , I don't
think a) you unde rs tand or b) ... well , just that ... yoc don't uncerstand it and .. Ms. Hults said Mayor ... Mayor
Woodward said I arn ta lki ng , this is you r feedba ck . Ms. Hult ,, I didn't come here to be chastised ... l didn 't come
here to be ch ~•tiseJ ... thank you . Mayor Woodward said nor L'id I.
8 Communications, Proclamations and Appointments
(a) Procl amation honoring Englewood residen t va Rome,o as she celebrates her 10t'" birthday
was co nsidered
COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APP OVE A
PROCLAMATION HONORING ENGLEWOOD RESIDENT EVA ROMERO AS SHE CELEBRATES HER
105TH BIRTHDAY.
• Ma yor Woodward asked if there was any dis cussion There was none
Vote res ui ts :
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Motion carried
Ayes. Council Members Penn , Mccaslin, Wilson , Woodward , Jefferson ,
Olson , Gilli!
Nays · None
Ma yor Woodw~rd read the proclamation in full He read "Whereas, Eva Romero ha s been an active Englewood
citiz en since 1968 , and is a very special member of our commu nit y, and Whereas , Mrs Romero celebra ted her
105"' birthday on June 15, 20 10, and Whereas, to the best of the City of Englewood 's knowledge, Mrs . Romero
is Englewood 's oldest li vi ng resident ; and Whereas , the Ci ty Council of Englewood wishes to recognize and
honor Mr s Romero on the occ as1on of this notable birthday : and Wh ere.JS , Mrs . Romero has been involved over
th e years at the Malley Senior Re creat10n Ce nter and in her ch ur ch; and Whe,eas , Mrs Rome~o has raised 11
chi ld ren and is a proud Grandmother of 51 grancchildren , 138 great-grandch il dren, 72 great great-
grandch1ldren , and later this iear w,11 become a Great Gre at Great c, 1dmother, Now. therefore, we , th e Ci ty
Council members of the City of Engle wood , Colorado hereby congra .,late Eva Romero on the occas ion of her
105th birthday , offering our warmest birthday wishe s and ou r sincere thank s for her con tnbu t1ons to the City of
Englewood • 1 here was applause
Mayor Woodward said I don't beheve Mrs Romero rs here , however 1s th ere anybody here any of her
daughters here to accep t the proclamat 10·1? Okay , not seeing anybo(, we will mak e sure that thi s Is delivered
to her Unfortuna tely, she had a sched u'ed party at Jason Park on the 12th of June , and if you remember tt ,e
12th,: June , ,twas raining pretty hard , ,;o I think th ey had that ce lebration al her church
9 Conse nt Agenda
(a) Approval of Ordinances on First Reading
There were r 'J add11!onal items submitted for approval on first reading (See Ageno o :~-=-m 11 )
Englewood Ci ty Council
June 21 , 2010
Pag e 6
COUNCIL MEMB 2 R WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
CONSENT AG ENDA ITEMS 9 (b) (I), (II ), and (Ill),
(b) Approval of Ordinaoces on Second Reading
(i) ORDIN ANCE NO 17 , SfRIES OF 2010 (CO UNCIL BILL NO 14 , INTilODUCED BY
COU NCIL MEMBER McCAS LIN )
AN ORDIN ANCE AP PR OV IN G A N INTERGOVERNMENTAL AGREE MENT (IGA) ENTITL ED "LI C:.=NSE
AGRE EMEN T" BETWEEN T HE CO LORADO DEPARTMENT OF LAB OR A ND EMPLOYMEN T ANIJ THE CITY
O F EN GLEWOOD, CO LORADO IN SUPPORT OF TH E CIT Y'S USE OF STATE WAGE AND EMP LO YM ENT
DAT A
(i 1) OR DINA NCE NO. 18, SE RI ES OF 2010 (COU NCI L BILL NO . 15, INTRODUCED BY
CO UN CIL MEMBER GILLIT)
AN ORDIN ANCE AUTH ORI Z IN G AN INTERGOVER NM E,~TAL AG REEM ENT ENTI T LED "MEMORANDUM
OF UNDE RSTANDIN G FOR THE 18TH JUDI CIAL DI ST'!ICT JUVENILE AS SE SSM ,:NT CENT ER"
EST ABLl t~HIN G T HE METH OD IN W HI CH THE PARTICIPAT ING GOVERNM ENTAL ENTITIES ARE
Ac:S ES~i:'D FEES FOR THE USE OF T HE JUVE NILE ASSESS MENT CENTER.
(iii) ORD INANCE NO 19, SER IES OF 2010 (CO UN CIL BILL NO. 16 , INTRODU CED BY
CO UN CIL MEMBER W ILSO N)
AN ORDINANCE AU TH OR IZ ING THE AC CE PTANCE OF A VICTIM ASS ISTANCE LAW ENF ORCE MENT
(\/ALE) GRANT FROM THE VICTIM ASS ISTANCE LAW ENFORCEM ENT BOARD OF THE 18TH JU DIC IAL
DISTRI CT
V ote res ults:
Motion earned .
Ayes: Co un cil Members Penn, Mccaslin , Wilson . Woodwa rd , Jefferso n,
Ol so n, G1llit
fslay s Non e
(c) Resolutions and Motions
Th ere were no add1 I1 onal resolutions or mohons submilled for app rova l. (See Agenda Item 11 )
10 Public Hea ring It em s
No public hearing wa s sche duled before Council
11 Ordinances, Reso lu tion and Motions
(a) App roval of Ordinances on First Read in g
(1) 01rec lor Gryglew1cz pres ented a recomm enda tion by the Finan ce and Ar}m1n1strative
Serv ices Department to adop t a bill for an ordinance ex tend ing !l ie Limi ted Waiver of th e Was te Transfe r
Su rcha rge until Decem eer 31, 20 13 He sa id lhi s ,s a bill for an ordi nance that ex tend s th e L,m,t ed Wa ive r of
th e 20 cen ts per cubic yard th at we charge persons for usi ng th e Wa ste Trans fer station This hm11ed waiver 1s
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ex tended lo the c1 t12ens of Englewood, Sheridan and L1ttloton until December 31 , 201 3, for the mon ths of May , •
June , July, Au gu st and Scpt e ,11 ber W l·at lhis does is help wit h lhose cities clean up s and he lp s, hopefully ,
,naintain the appearan ce of their ne 1ghborhoods We have done this .. I thin k . since , al leas t as long as I'v e
been here, si nce 1993 The total cos t is est,ma led al aboul $1 ,000 00 , which would be 5,000 cu bi c yard s or so
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Englewood City Counc il
June 21 , 2010
Page 7
May or Woodward asked 1f there were any questions for Fra:,k
Council Member G1lht said Frank, what Is that average cost per home? Mr Gryglew1cz said pardon me? M r
Gill1t said what Is the average cost per homeowner for that ? That 1000 . I mean , Is that 1000 is for all three
cities? ;),rector Gryglewicz said that would be for all three cities Council Member Gilht said okay Director
Gryg1P'N1cz said .. o 1t does save th e ci tizens some money when th ey would go to the waste transfer stati on If
!11,~y , 1ad 1 O cub ic ya rds , 11 wou ld save them a coupl e of do llars Mayor Woodward said and we are talking
,,~, ut th e Waste M anagement transfer station? Director Gryglewicz sai d yes Mayor Woodward said okay .
COUNCIL MEMBER McC A SLIN MOVED , AND COUNCIL M EMBER PEN N SECONDED, TO APPROVE
/,GENDA ITEM 11 (a) (i) • COUNCIL BILL NO .17.
COUNCIL BILL NO . 17, INTRODUCED BY CO UNCIL MEMBER McCASLIN
A BILL FOR AN ORDINA NCE A MENDING TITLE 4, C HAPTER 7 , SUB S ECTION 1 1, 'JF TH E EN GLEWOOI'
M UN IC IPAL CO DE 2000 , PERTAINING TO THE EXTENS IO N OF THE LIMITED W A IVER OF TH E 'N~<:r r_
TRANSFER SURC H ARGE.
Ma yo r Woodward asked 1f th ere was any discussion
Council Member Olson said I'm all for keeping neighborhoods beautiful It's a small price to pay.
Council M ember Penn said I agree If th is will get people to get their trash th ere, I think that's an excell ent idea
• Co uncll Member McCashn said I agree
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Mayor Woodward said I agree Waste M anagemen t has been a good partner of ou rs by prov1d1ng th e
cert ificates for Englewood's Good Neighbor Day, which are available now I believe for cIt12e ns to get money off
on their dump fees when they taKe stu ff over to the transfe r
Council M em ber Penn said Frank , are they aware th at they're getting that 25 ce nts off for fi ve cubic yards?
Director Gryglew1cz said you know , I thmk that really this 1s .I know the city th at uses this every year 1s Littleton
They do an organized clea n-up. Th ey actually called me to make sure that the limited waiver ha s b,,en
ex tended Tile rest of th e c1t1es , I arn really not aware of how rnuch rs used , bu 1 I do know tha t Littl eton us es 1\
Counci l Member Perin said now , 1f a citizen goes in there , would they eve r. know that they are sa ving th is
muney at all? Director Gryglew1cz said I am really not sure at th e point of where they do the tipping, 1f th ey
know that But I know that wnen L1tt le ton does the clean -ups , th ey are well g :Jare
Mayor Woodward asked 1f there we re any other comments There were none
Vote results :
Motion earned
Ay es Council Members Penn , McCas11n Wilson , Woodward , Jeff erso n,
Olson , G1ll1t
Nays None
Direc tor Gryg l w1cz said thank you
(11) Chef of Police Vandermee presented a recommendation by th e Police Department to
adopt a bi ll for an ordinance authonz1ng an In tergovernmental Agreement (Memorandum of Understanding ) with
the Denver Poh ce Department for th e sharing of mug shot data. He said good evening Mayor and Members of
Council To111:1 11 t I'm asking the Po hce Department is recommending th at Council adopt a bill fo r an ordinance
approvmg an Intergovernmental Agreement wi th the Denver Pohce Department to partner in a mug sho t
repos itory In essence, a sys tem that th e Police Department was able to acqUtre , with some fun ds left over rrom
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Englewood City Council
June 21 . 2010
Page 8
the 2009 Stimulus Grant we purchased a mug shot system . What !he MOU does is ~ives us th e wherewithal
lo interface with De nver's electronic mug shol system , so that we ca n use th ei r da labase lo help us prepare
pholo lineups for suspects and any number of olher investiga live things thal we just can't do now wilh the
exIstIng system. This MOU has no cost attached to it... it is a no cosl agreemenl wi th l he City of Denver.
Mayor Woodward asked 1f there were ar.y questions for Chief Vanderm ee
Council Member Penn asked yes Chief, is Denver the only one th at has that...that we ca n reciprocale with? Or
are t:•e re other police dist ricts th at we ca n also do this? .. Chief Vandermee said Greenwood Village interfaces
with De, ,er's system as we ll and I th ink eventually we'll be able to int erface wi lh Greenwood Village. Cou nci l
Member Penn said ok ay.
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER GILLIT SECONDED , TO APPROV E
AGENDA ITEM 11 (a) (II) -COUNC IL BILL NO . 18.
COUNCIL BILL NO . 18 , INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR A N ORDIN ANCE AUTHORIZI NG AN INTE RGOVERNME NTAL AGREEMENT E NTITLED
"MEMORANDUM OF UNDER STANDIN G BETWEEN THE DENVER POLICE DEPARTMENT AND THE
ENGLEWOOD POLICE DEPARTMENT FOR THE SHARING OF DATA" FORMALIZIN G TH E SH AR IN G OF
MUG SHOT DAT A.
Mayor Woodward asked if there were any questions . The re were none .
V,:;:te results :
Ayes:
Nays:
Mot1c..,1 carried
Council Members Penn , Mccaslin , Wilson , Woodward , Jefferson ,
Olson, Gilli!
None
Chier Vandermee said thank you .
(iii) Housing Finance Special ist Grimmett presented a recommendat1on by the Community
Development Department to adop t a Jill for tin C\rd inance auth orizing ct , Int ergovernmental Subgran te e
l,greement with Arapahoe Co11 nly for th e 2011 Arapahoe Coun ty Community Developmen l Block Grant
j-lrogram . She said good evening I'm herf' H1is evenrng to request Council to approve a bi ll for an ord inance
authorizing the executi on or an Intergovernmental Subgrantee Agreement for the 2010 Arapahoe County
Com munity Development 81'lck Grant Program , wi th the County Board or Su perv isors Commiss 1on ers , excuse
me . and lh e City of Englewocd The Council approved our application for th e 2010 prog •am last fa ll And we
received a notice of award and the issui ng of the lnt ergovern ment, 11 Agreement This p;,rt1cular agreement will
fund $22 ,500 00 lo assist th e House of Hope homeless shelter, he ·e in Englewoc:l w'" 1 their slaffing cos ts
throu gh thi s next fiscal year The program will begin as soo n as th • agreement 1s execu ted and will end Ma y
31 , 2011 . Council has ap proved usi ng the Community Development Block Grant program to support the House
of Hope shelter since ... al least for abou t 10 years .. .it escapes me exactty ... the sheller opened in lh e year 2000
and I believe we were supporting lhe staffing requirements annually since lhat lime So , staff requests that
Council approve this bill for an ordinance Are th ere any quesl1ons?
COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER OLS ON SECONDED , TO APPROVE
AGE NDA IT EM 11 (a) (Ill) -CO UN CIL BI LL NO . 19.
COU NC IL BILL N O. 19 , INTRODUCED BY CO UNCIL MEMBER PE NN
A BILL FOR AN ORDINANCE APPROVIN G AND AUTHORIZ IN G THE EXECUTIO N OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREE MENT (C DBG) FOR TH E YE AR 2010 BETWEE N THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND T l E CITY OF ENGLEWOOD, COLORADO
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Eng lewood City Council
June 21 , 2010
Pa ge 9
· Ma yor Woodward asked if there was any discussion
Council Member Penn said the House of Hope 1s Iusl a tremendo us resourc e for some of our c1 t1zens in
Englewood and I think they do a tremendous job over th ere
Vote res ults:
Motio n car ried
Ayes · Council Members Penn , McCash n, Wilson, Woodward , Jefferson ,
Olson , Gill1I
Nays: None
Ms. Grimmett said thank you
(b) Approval of Ordinances on Second Reading
(1) Council 8111 No 11 , amending Ti lle 16, Chapler 5, Su bsectio n 1.1, and Chapter 11 ,
Sub ;ec1Ions 1 and 2, of the Englewood Municipal Code 2000, lo perm it buy-back , second-hand , thrift and
co ns :9nmenl uses as uses-by -nghl in the MU-B-1 Zone District was considered
COUNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (i)-ORDINANCE NO . 20, SERIE S OF 2010.
ORDl 'I ANCE NO 20 , SE R IES OF 201 C (COU NCIL BIL L NO 11 , INTRODUCED BY CO UNCIL i,IEM BER
GILL ' r/WILSON)
AN ORDIN ANCE AM El<DIN G TIT LE 16, C HAPTER 5, SUBSECTION 11 , AND C HAPTER 11 , SUBSECTIONS
1 AND 2, OF TH E ENGLEWOOD MUN ICIPAL CODE 2000 , TO PERMI T BUY -BACK, SECOND-HA ND,
THRIFT AN D CONSIGNME NT USES AS USES-BY -RIGHT IN THE MU-B-1 ZO NE DISTR ICT
Ma yor Woodward asked 1f there was any discussion
Council Member McCashn said yes, I wou ld like lo say a lew lh1ng s I JUSI wanted lo go on lhe record lhal my
gra 1·dch 1ldren att end Denver Chnslian School, which had no in fluence on the way I voted for l hntts The reason
I voted yes , or am going to vo te yes on this are for the following reas ons · Number 1, Planning and Zoning
Comm ,ss ,on voted lhat all four usages should be allowed m the MU-B-1 D1s lnct , number 2, '.rem a recent
survey nme sunoundm front range c1t1es did not separate or di stinguish th e four areas 1n their cities , number 3,
lhere are approxima tely eigh t vacancies w1thm a two block area of downtown, number 4, the Busmess
Improvement D1stnct had no nbJecuons to tile usage as a group, number 5, there was support from othe r
businesses m th e tw o block area for thrift stores I also spent two to three hours myself gomg to various thnft
stores and co nsignment shops and saw Il l" reas ns not to allow thnft stores in the M U-B-1 d1stncl Tha nk yot,
Ma yor Woodward sa id I JUSt 1,vant to ma ke a co1...1 e of commen ts too I think at th e very fir st reading I thi nk we
had men ti oned that this migh t get modified and ex ten ded into a secon d first reading and th en thi s seco nd
readm r,, which happene d And one of the thmgs that I th ink tha t I've learned 1s that when we are trying to do
something and do it quick fo r businesses , cI tI zens or wha tever , some tim es 1u st sen ding It off to Planni ng and
Zo ning wi thout h"vmg a Study Session firs t, 1s may no t be the best idea And I think so me of these
issues spec1 f1caHy finding th at th e group of fou r di fferen t uses we re there, would have co me out In that Stutly
Sess ion and we co uld ha ve dealt with tt and directed P & Z on what we were looking for there The change that
we did make with regard to small and large IS why I will be vo t111g for this I did check with the CFO of ARC
stores thi s week I happened to be tal king to h11n He happens to be a Council mer,iber ,n the City of L1lllelon I
as~ed him what ,s th e average size store that yo u would look at? ARC Theirs ,s 30,000 square feet So , I feel
real comfortable abou t what we did ,n that area That's my comment
Englewood City Council
June 21, 2010
Page 10
Council Member Gilli! said Mr. Ma yor , I wanl lo thank you for a period to talk about this . I will be voting yes . I
would like to echo some of the exact reasons that Mr. Mccaslin did. But I also feel that we are following a trend
of our socie ty . People are try ing to find ways to sa ve money. We are helping possibly some und erprivile~ed
who may not be able to go to a brand new store . I like the Idea . I also like that this Council has taken th e:1 Um•
and we've not rushed to a deci sion on th is and I feel really good about the dec ision that we are ma king tonight
and I will be voting yes on It. Than k y~•J very mu ch .
Council Member Penn sa id I will also be voting yes with a few concerns and I still ha ve those same concerns on
storage and preparation area and also how they are go ing to kee p the ir store clean in the back area ... the stores
back there . I am In total support of new bus iness here in Englewood , but I still have some concerns on it , but I
will still support it.
Mayor Woodward asked anything else .
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Council Member Ol soi tsld I also will be voting yes on th is and I thin k I sta ted last time that I have some major
con ce rns , but I think they have be en allayed mostly , because of the small square footage . But I also wanted to
disclose that I have a number of frie nds that popped up the night of the hearing tha t I didn 't know were
connected with the Uenver Christian Schools . And that made It a little bit more cumbersome , because some of
them thought that th is was all about that particular place or that particular entity wantin g to do thrift or
consignment and that was n't what it was about, for me . It's about the concept of whether or not we want a thrift,
consignment sort of opportun ity In th at small business area and that was really what it is about for me , not who
it's going to be , but what... or are we allowing there . I feel very good about the smaller . Smaller is beautiful. I'm
still concerned about the language in the Coda that reads non -profit or wha t... the description s that came up ... l
would like to see tha t, at so me point , removed , because I don't th ink it is accurate and I think it is a bit offensive .
And I too am still concerned about storage and prep and I hope we haven 't put undo pressure on Code •
Enforcement to try and keep that clean , but I have to trust that our bus iness owners will do the ir best at trying to
be colleg ial in help ing one another ma intain a beautiful area , because it impacts their business in the long nun .
So I have to trust the ir abilities to do that. I will probably be one of th e first shopping at these pla ces, so it's
definitel y in my fam il y system to shop at su ch places . That's never been the is sue . It's whether or not that
district shou ld warrant tha t sty:e of reta i:. So , I wi ll be voting yes .
Ma yor Woodwa rd said if there are no other comme nts , please vo te .
Vote results :
Motion carried .
Ayes : Co un ci l Members Pen n, Mccaslin, Wilson , Woodward , Jefferson ,
Olson , Gillit
Nays : None
(ii ) Co un ci l Bill No . 13, approving an Intergo ve rnment al Ag reemen t between th• Denver
Regional Cou nci l of Governments and the City of Eng lewood rega rding the lice nsi ng of the 20 10 Den ver
Regional Aeri al Photog ra ph y Pr oject was consi dered .
COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER Cl.SON SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (II)· ORDINANCE NO . 21 , SERIES OF 2010 .
ORDINAN CE NO . 21, SER IES OF 2010 (C OUNCIL BILL NO . 13, INT RODUCED BY COUNCIL MEMBER
PENN)
AN ORDINANCE APPR OVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITL ED "LICENSING
AG REEM ENT REGARDING DENVER REG IONAL AER IAL PHOTOGRAPH Y PROJECT' BETWEEN TH E •
DENVER REGIONAL COUNC IL OF GOVERNMENTS AND THE CIT Y OF ENGLEWOOD , CO LORADO FOR
THE CITY'S PA RT ICIP AT ION IN THE DENVER REGIONA L AERIAL PHOTO GRAPHY PROJ EC T (DRAPP ).
Ma yor Woodward asked if th ere was any disc ussi on .
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Eng lewood City Co uncil
June 21 , 2010
Page 11
\'°:O u11cil \'1ember Penn said I just tt iink the cos ts far exceed .. is far exceeded th e opportunities and the
L!'-,?futn , ~.s of this program
Council Member Gilli! said Mr l.1a yor . I will be voting no , lhe same as I did las t tim e. Same concerns I
have ... number 1, the y sai d that they can co ntinue doing business as usual without ii. We do have one that was
recentl y done . There are some folks who also ha ve a prob lem with wondering why the gove rnment or
government entities are laking pic lurLs of their nei ghborhood . I understand that th ere are issu es for lha l But
right now , wit h budget co nstrai nt s, and had he ... th e present er not sa id that the y co uld do busin ess as usu al
without ii, I would have probab ly thought differe nt. But , I will be voting no for th at reason
Ma yor Woodwa rd said ok ay, th ank you
Mayor Vl/oodward sa:d any othe r co mments ?
Mayor Woodward said I just wa nt lo clari fy one th ing lhal may be lhal I ha d said last lim e ... wa s with r<"gard to
Code and Zoni ng and Bu ilding , It is not just lhal as a Code Enforcem ent type of tool , so to speak . Bu !, for
example , th e Mclellan properties , wh ic h aren 't in the Cl iy of Englewood , bul are inc lud ed in th is, were all aeria l
photograp hed and cert ainl y are differen t now than th ey we re two years ago . Majorly different And I think an y
si te s that developme nt type and with th ings that are going on , as far as development and rea l es tate , I th ink
th ere are definitely advan tag es. I've see n ii certa inl y 1n th e Community Developm ent Department , th ose areas
and stuff. So , I wil l be vo ling yes
Ma yor Woodwa rd said if there are no oth er comme nt s, please vole ,
Vote results:
Motion carried .
Ayes · Cou ncil Mem bers Penn, Mccaslin , Wilson , Woodward, Je ff erso n,
Olson
Na ys : Co un cil Membe r Gillit
(c) ResoluI1ons and Malians
(i) Director Eaton presented a reco mmendation from th e Human Resources Department to
adopt a resolu tion amending Arti cles 8, 11 and 21 of lhe 20 10-20 11 Coliect1ve Bargaining Agreeme nt between
the Englewood Empl oyees Associ ation and th e C1ly of Engl ewood. She sa id good evening Mayor, Coun cil.
The City and the EEA , the Engl ewood Em ployee Association , entered in to negotia tions in May lo re-o pen th eir
conl ra cl regarding wages and certain oth er benefi ts, The members of the EEA , ralified by ma1only vo le, our
agreeme nt 1n that matler , which allows for no wage •n creases er menl pay for 2011 , unless th e total Genera l
Fund reven ues reach ch e level that they reached 1n Oc tober 2008 . Simi larly, no persona l leave cash -cul w,11 be
paid for unuse d personal ll?ave m 2011 , unless th e General Fund revenu s reach the levels th at tt-9y reached in
2008 . I am here tonight lo as k Cou ncil's approval of these changes 10 lhe,r con tra ct
Mayor Wr".>dward asked ir the,e were any ques tions for Sue
Ma yor Woodward said Sue , I have a queslion . In our set -up , w1lh , no l only the EEA , but our oth er two unio ns
and all of lh e res t of th e employees within lhe City, 1s 1I ... we have a perso nal leave si tu atio n lh al so me of ii can
be ut ilitized for .slated 1n th e barg ai ning agreeme nt sick lea ve o· vaca tion or there may be some body sick or
death in lh e fami ly or so mething like th at. And lh al's all grou ped tog ether . ,s lhal co rrect ? Ms Eaton said th ey
are actually individual types of leave , but there are ,there 's personal leave and va cation are similar In lha l they
can be used for the employees own choices of use . Mayor Woodward said okay , so our personal leave is the
emp loyees ow n ill ness , inju ry ; illnes s, mjury of employees family or to atten d to perso nal bustnP.SS 1s what 11 says
in here 48 hou rs of personal leave Okay Have we del eted that? Ha ve we removed lhal from a benefit? Ms
Eaton said no Mayor Woodward said did we rem ove it last year as a benefit? Ms Ea ton said for th e l:EA . no .
Englewood City Counc il
June 21 , 2010
Page 12
For and not permanently, 1us1 for the year We did II for the Police Ass oc1 ahon She said Im sorry Iha, was <his year 2010 Mayor Woodward said okay That's all I have
Ma yo r Woodward said 1s there a sorry
Council Member Penn said Sue . on the insurance pan 1f we real12e a savings, who l<nows 1f we ever will Is tha<
passed on JUS I to the City or also <o the employees Ms Ea ton said that 's passed on to th e employee We pay
a percentage and they pay a percen tage of <ne total premium Council Member Penn said okay, so they would
get the benefit 1f we do find ,, ·•~y do have a better ok ay Ms Eaton said correct M r Penn said okay tha nk you
Ma yor Woodward asked 1f there were any other questions for Sue There were none.
COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER Mc CASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (i) • RESOLUTION NO . 38 , SERIES OF 2010.
RES OLUTION NO 38 , SERIES OF 2010
A RESOLUTION AMENDING THE COLLEC1 IVE BARGAI NING AGREEMENT BE TWEEN H,E ENGLEWOOD
EMPLOYEES ASSOCIATION /\NO THE CITY OF ENG:.Ewooo FOR fHE PERI )D OF JANUARY 1, 2010 THROUGH DECEMBER 31 , 2C 11
May or Woodward asked 1f !here was any d1scuss1on
Council Mem ber G1lht said I'd like to •oll Sue and the staff that worked on ,his how m uch I appreciate this was
a very sensu1 ve lime We're talk1n I a~out people's income anc: their pay and he.r qual1<y c' life It bre aks my
heart to know th at we can't give an increase, bu< I also understand th e sI tuat 1on •vc ·re In and we're trying to keep
their Jobs right now as well I Jus t want to thank you an d the stat; for what you did and the n<'9otIahons ; kr,ow
we have been working on this for a while so I Just wail! to le U you I apprt :·ate 11
Counc,1 !/,ember Jefferson sa id and also to th e members of •i,e EEA for you know be willing to re-ooen this and give lh ese co ncessions
Mayor WOOdward said I would like lo also compliment EEA on being t e first to come forv,ard with the re opener
and come lo agreell'ent 1mmed1a tely It Just reall y says a lot about our employees and their commument to the
Cuy and th eir /Ob s I want to thank you Sue and Mike for all of the work that you have r"' in o this
Director Edlon said thank you /'II pas:; th at along to the cmploy£:es
Counc11 Member Wilson said I <co. apprcc,ate all of the work and the employees 1nd all their ded,ca11on <: thank you and Mike
Mayor Woodward asked 1f there was any further d1scuss1on There was none
Vote results ·
Moti on earned
Ayes Council Members Penn . McCas/m. Wilson . WoOdward JPfferson Olson G111u
Nays None
Orrector Eaton said than k you
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(11) Director Ea ton presen te d a recommendallon from the Human Resources D partm n, to
adopt a resolut ,on approving a Collective Bargaining A reement between th e Englewood Police Benef,t
Assoc1 allon and the City of Englewood for th e years ?O 11 and JO 12 She said 1us, as we entered InI0 •
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Englewood City Council
June 21 , 2010
Page 13
11ego11alIons ,n May with lhe EEA, we als o began negol1ations w,t h the EPBA And their enllre contracl wa s to
be r• ogo tiated this yea r After negot iatmns with our Police Officers the significant changes to the tr contract are
lhat they will receive a marke t adjustment in 20 11 , based on lhe salary survey that we co nducl ,n lhe fall of this
ye ,,, The wages for the foll owing ye ar , 2012 , w,11 be negotialed next yea: at this same lime Another change to
t11 •'* .:on trac t was thei r maximum meri t pa y for fir st class offi ce rs who ::are th e eligib le employees for th at ben efit ,
,,., l ncrea se from $900.00 10 S 1,000 00 a year And although th ey •·1111 sllll be elig ible to receive th eir personal
,Ca \,. cash-out , th ey will be encourag ed 10 use th at so no cas h~0 1Jt is pa yable by the Ci ty . That ince nt ive was
soa•e additio na l time off. I believe lhal those were the only sigr,fican t changes lo lhe con trac l
Mayor W oodward asked 1f there were an y ques1Ions for Sue
Council Member Wilson said 1ust lo l hank you for all of the w,,rk that you did on t111s and with lhe police And
thank them
COUNCIL MEMBER OLSON MOVED, AND COU NCIL MEM13ER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (ii)-RESOLUTIC'N NO . 39 , SER IES 0 1° 2010 .
RE SOLUTION NO 39, SERI ES OF 2010
A RESOLUTI ON AUTHOR IZING TH E PROVISIONS OF THE COL LECTIVE BA RGAININ G CONTR ACT
BElWEEN TH r: ENGLEWOOO PO LICE BEN EFIT ASSOCIAllafl AN D THE CITY OF ENG LEWOOD FOR
THE YEARS 21, 11 AND 20 12
May or Woodward asked if th ere was any furth er d1scuss1on
Counci l Member Olson said one of th e other things that I wanted to th ank you for 1s Just lhP creat1v1ty 1n commg
up with some co mb inations th at were workab le for people th at maybe wo uld not hav e been thought of ten years
ago
Director Eaton sa,J the Poli ce O ffi ce rs played a role ,n that 100
Co un cil Member G1ll1l said and I JUS t want to thank our Police Department and again , the employees gre at
emp loye es of ou r City for working toge the r with us on thi s.
Mayor W oodward said I'll second Rick's commenls Thank yo u lo you lh e C1 1y n gotia lors and lhe Police for
comi ng forward and working with us on l h1s , so we could gel 11 completed for Ille benefit of lhe C11y and Ille
c1hzens of Englewood
Mayor WoodY.ard asked 1f ther were any othe r commen ts fhere were none
Vote res ult s:
Moti on earned
Ayes Cou ncil Membe rs Penn McCas l1n , Wilson . Woollward , Jefferson ,
Olson . G1lhl
Nays None
Direc tor Ea ton sa id thank you
(111) Deputy City Manager Flaherty presented a recommen on by lhe C11y Mana gers
Offi ce lo adopt a reso lu tion supporting lhe lease ag reement be tween Englewoo•, Mc l ellan Reservoir
Foundat ion and TT of Denver He said I am a director of the Englewood Mclellan Reservoir Foundation Our
presiden t, Siu Fonda , 1s out on medi cal lea ve sol am substitut ing ton,g ht for Stu Las t October , Cit y Counctl
supported □ resolu tion for n le ase agree me nt with TT of Denver It is an m1 to deal er Part of th at agreemen t
all owed for a due d1hgence pe ri od th at end ed on Jun e 1st of this year Ourmg that due dilig ence penod , th e
pnmary owner of TT of Den ve r di scovered through hi s consu ltant s some s1gm f1 ca nt soi l co nd1!1 ons that were not
Englewood City Council
June 21 , 2010 '
Page 14
evident at the time of the ini tial lease . We provided this informat io n to City Council at th e Executive Session last
week . Cont ingent upon TT of Den ver goi ng forward with the lease was a request for co ncess ion s ... certa in
co ncess io ns on the lease terms The cost or remediat ion of sell and other co nd It Io ns necessary for the project
to go forw ard was approximately a millio n dollars fo,· basically two sites ... o, two bu il dings th at would be pla nn ed
on the site . One , which would be under construction , as soon as ne xt mo nth . Th e other had a date to be
dete rm ined . As you recall from the discussio n last week , the concessions we re to all ow for a reduct ion in rent of
$100 ,000.00 a year for a ten year term ... excuse me ... S50,000 .00 a year for a Jen year term for th e first site ,
which will be under co 11 structio n shortly , and an ad ditional S40,0 00.00 per year fo r the seco nd site, if and when
that site is de velo ped . Over the 30 year te rm , it ,s act uall y a 20 yea r term , wi th a 10 yea r opti on ... the re nta l pr ior
to the amendme nt is $16,700,000.00 for the term . Thi s wou ld redu ce the 30 ye ar ren ta l from $1 6,700,000.00 to
S1 5,800,000 .00 . Again, in order for th e TT of Denver to go fo,w ard , they have ask ed for these co nces sions and
we have recommended those and we 're asking for Counci : 0 ~pport to go forward with the leas e am endmen t.
Mayo r Woodward asked if th ere we re any qu es tio ns for Mik~ There were none .
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER OLSON SECOND ED, TO APPROVE
AGENDA ITEM 11 (c) (Iii)-RESOLUTION NO . 40, SERIES OF 2010.
RESOLUTI ON NO 40 , SE RIE S OF 2010
A RESOL UTI ON SUPPOR TIN G A RENT CO NCESS ION TO TH E LE ASE AG REEM ENT BETWEEN THE
ENGLEWOOD/MCLELLA N RE SERVOI R FOUND ATION (EMRF ) AND TT OF DE NVER , IN C.
Ma yo r Wood ward asked if th ere was an y discussion . There wa s none
Vo to results :
Motio n carried
Ayes : Co un cil Members Per.n , Mccasli n, Wilso n, Woodward , Jefferson ,
Olson , Gilli!
Nays : None
(iv) Deput y City Manager Flaherty presen ted a re co mm en dat ion by th e City Manager's
Office to adopt a motion appro ving an Energy Performance Agre ement with /l merescc . He said in 2008 , at th e
request of City Council , th e City en tered into a Memo ra nd um of Understand in g with the Colorado Govern or's
Energy Office for the purposes of cond ucting an initial assessment of the Ci ty's ene rg y us e and the possib1hty of
reduci ng energy use through an Energ y Perfo rm ance Co ntract. In May of 2009 City Cou ncil approved th e
selec tion of Ameresco as th e City 's ene rg y service Co mpany. And in June of 2009 Ci ty Council app ro ved an
agree ment with Ameresco for performance of a Technical Energy Audit The Technical Energ y Audit was
com pl eted in December by Ameresco the draft was Ameresc o work ed with Ci ty staff to make adJus tments to
that to meet ou r specific ne eds an c desires for ene rg y efficiency and also for certain capi tal projects that related
to energy usage that we felt were cn lical to the City . And we actually co mpleted th ose discuss io ns in early
March However, we have had some delay due to fmancing iss ues raised by the prospect of a cons t1t utional
amendme nt tha t migh t ... that is on the ballo t for November . Howeve r, ou r Fina nce Director has worked on that
w,t h ou r bo nd att orney ... and , ac tu ally , is still working on th at with our bond attorn ey and hopes to have the
finar.cing completed in the next week er two The energy audit will result m total savi ng s or 13 .2% of cu rren t
electrical energy and 15.8% of curre nt natu ra l gas usage For a tota l of 12 ene rg y co nserva tlon meas ures It
inc ludes all City bu il ding s, exce pt th ose that are unde r the authority of the Utilities Department Enterpr ise Funds ,
wh ic h th e Ut ilities De partm ent is looking at oth er mea ns of addressi ng their elec trical en erg y usag e. And
ac tuall y has an ag reement right now with Xcel Energy for an additional study The tota · cost of th e proposed
proiec t for th ese 12 energy conse rvat io n measures throughout th e City sys tem is 1 4 million do ll ars , which will
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be fu nd ed en tirely through electrical and gas savings over th e 15 ye ar term of th, agreemen t And by terms of •
the Energy Perfo rmance (..on trac t, Ameresco guaran tees these ene rg y sav in gs . That is ... 1f we do not ac hieve
th ese energy savings suttl c1ent to pay off the bonds Amc,·esco will cove r those cos ts There are also a
number of grants and rebate s that we have uti lize d to reduce cos ts, through the effort s of Ameresco and we
als o were fortu nate In receiving an alloca tio n of Qualified Energy Conserva •on Bonds through the State of
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Englewood City Council
June 21 , 2010
Page 15
Colorado , which basically will reduc~ ·:w effective interest rate And we .1re rcquest1nq Council to appro ve a
motion for the agreement with Ameresco and th e Energy Performance Contraci
Mayor Woodwafd said c:1re there any question s fr r Mike?
Council Member McCashn said I know there was some concern ton1ght ab out some usage and money and
whatever I'm sure Ameresco 1s very open and would be more Iha·, w1ll 1ng to ans·wer those questions . Is that
correct? Depu ty City Ma nager Flaherty said Holly Green , Accoun t Execu tive ior Ameresco, is here lo answer
any queslions you mighl have for Ho lly, relaled to Aineres co And , Mayor Woodward said , really, tha t is the
next one that's coming up Council Member Jefferson said ves , that Is more rela ted to the PV Sys tems , I thin k
Mayor Woodward said it's the next Mr Mccaslin said okay I jusl wan ted to gel it on the Agenda somehow
Mayor Woodward said okay
Mayor Woodwa rd said are there any other questions for Mike? Is lh ere a motion for approval or 11 (c) (1v)?
COUNCI L MEMBER WI LSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (Iv) -APPROVAL OF AN ENERGY PERFORMANCE AGREEMENT WITH
AMERESCO ,
Mayor Woodward asked 1f the re was any d1sc uss1on
Mayor Woodward said I wo uld like lo say , I would really want lo thank you Mike , fer all the work you have put
into this ove r the last co upl e of years I know 11 has been a lot of wor k Ju st the agreement 1s a lo t of work And
I thi nk this is rig ht th ing to do. And lal>,119 to numerous other ci ty elected officials th at have done ,t and stuff , it's
made perfect sense to them and ii I a, been something that th ey wou ld ce rt ainly do again So , thank you
Deputy City Mana~er Flaherty said a number of J .. nsC1ct1ons are 1n process nght now arid a couple have
completed their Ene rgy Performance Contracts We consul ted w1lh the City of La fa ye lle , who co mpleted theirs
about a year ahead of us and basically got a let of mformallon from them anr their sat1sfact1on with the project
that they we1e able to achieve through the Governor's Office program I wi ll mention that th e co ntra ct , cictually ,
Is the con tract that the Governor's E•·ergy Office mand ote s for both the City and for Ameresco
Council Member Olson said I want to ask a couple or other qu es hons , I think this ,s JUS I a typo but on the back
side of the front page . wh ere ti Is talking abo ut uhhzmg grant s and rP.ba tes that will reduce the cos t of the
program by $125.741 00 and there is a co mma there so ,1 looks llkr. 1usl Mr Flaherty said 125 m,11 ,on I1's
not lhal mu ch, unfortunately Ms 'Jlson sa id jus t for lhe re co rd I woul d love that lo be lrue I Just wanted lo
make sure Mr Flaherty said a slip of !he finger on that one. I'm afraid Ms Olson smd that's a fun slip m ou r
favor 01 1y On page 6, th e comme rit under th e Energ~· and Cost Savings Gurirantee ~co ntra ctor has struc tued
the Guaran l'.!P.d Ene rgy Sav1PJS to be sufficien t to equal or exce •d any and ;1II annual paymen ts r quired ~he
C1 1y in co nnection with the acquIsI1Ion of Eq u1prn ent to be 111stalled by Coniractor So it 's all annual pa ymen ts
that are rJqu1red Mr Flaherty said correct In f;1::t, th e proforma that AmerescJ has cl.>rn will actuall y have
some 1rnt1al sa vings above and beyond !h e paym ent of th e bond pa ymen t Not a large: amount bl ' Jver
tun over the 15 year term 11 will be rather a s1gmf1cant amount
Council Mem ber 01 ~0• ,aid and the n th e in dependent momtonng on the next p:i ge 1s that fairly normal for this
kind of a llung ? DPn<1t c,Iy Man ager Fl ,·herly sa ,d th at ,s required by the GEO Ms Olson sa,d okay
Counci l Member Olso•, :a,d and then th e las l question so rry On page 16 , under the Upgrade or Altera l Ion of
Equ1prpent 11 would be Ir1 Ameresco ·s best interest wouldn 't 11 to do th is ? I mean to be updatmg when
nee ded Mr rlahert 1, ~atd and ours as well Ms Olson satd and ours as well but ul tim a tely people are
mo trva ted b~ savi ng .:ir.,:-:·,e dollars , so 11 would be In th ei r best mtcres t to be Mr Flah erty said thats part of
what the monitoring and venf1cat1on will ~.J inl out Is that 1f we are not 111aIntaInmg the eq uipm ent so it's
running 111 its most effective manner then Amcrcsco will ce rta in ly le t us kn ow that Ms Olson said okay And
then work on get11ng something Mr Flaherty sa id yes Ms Olson said okay good Thank you It 's very
com preh ensive
Eng lewood City Cou ncil
Jun e 21, 201 o
Pag e 16
Council Member Sill it said I would like lo thank you again for lhis . I wasn't here when . one of you guys
origin ally started th is ... but , lhese are the kind of ideas I like . I love looking at things and saying how can we
save money lon g term , what ki nd of resources can we put togelher? I really appreciate .. I know we talked a lot
about th is and I have done a lot of re ad ing about that. It just makes sense to do this . Thi s is the ki nd of th ing
tha t I'm glad that we are doing .and I will be vo ting yes in support and I appreciate us taking this step ,
De puty City Manager Flaherty said I wanted to ment ion ... on energy conserva tion ... in terms or energy
savings .. that's really where the most doll ars are ... is in conserva tio n. Certainly ... and we 'll be talking about
oth i,r forms of energy with the next Agenda item , bu t the real dollars there to be saved ,., in yo ur ho me or in your
bu sin ess or withi n th e City ... are througr, energy conserva tion measures .
Council Member Gilli! said I, myself perso nally , I too k out a perfectly good heater from the house and put in a
high efficie ncy heater . Ju st because it Jus t 1nakes sense lon g term . But I like these kind of id eas
Council Member Jefferson said I too am glad to sort of see ii co me to fruition , It has bee n kind of a long
process, but , again , I think it makes sense from a financial standpoint , but also from jus t a res ponsible ene rg y
consumption standpoint.
Council Member Wilson said I just want to say th ank you for all the work you 've don e and this has been
something that ha s be en close to my hea rt , as far as energy savi ng s and I look forward to working with
Amere sco and having this move forward It 's been th e las t two years that th is started with lhe Governor 's Office
and I remember our first meeting and ii wa s just ... it's exci ting , It's exciting that we are doing ii, it's exciting lhat
we 're able to accomplish thal even as a small City . So , thank you for all yo ur hard work ,
Mayor Woodward s ad 1f there are no further com ments , please vote.
Vote res ults :
Motion carriP.d .
Ayes : Council Members Pen n, Mccaslin , Wils on, Woodward , Jefferson ,
Olson , Gill1I
Nays : None
(v) Deputy C1ly Ma nager Fl aherty presented a re commenda tio n by the Ci ty Ma nager's
Office lo ad'lpl a mot ion approving a Powe r Purchase Agreement for Photo Voltaic Sola r with Ameresco . He
sa id th is is ba sicall y an off-shoal of lh e init ial work tha t we did w1lh lh e Technical Ene rg y Audit. One of lh e
as pec ts lhat we requested Ameresco to look al uses of al terna tive energy . An d through the work of Ame resco ,
it v:as de termined lhal although we could work with some alternative energy ap proaches that lh e pay back for
th e City was not adequate to be covered . effechvely , at least 1n an Energy Performance Contrac t Part of the
re ason for that is that the tax benefits from alternative energy technolog ies, 1s not some thing we can take
ad van tage of as a non -prof1I en tit y So , during the Techni ca l Energy Audi t cc1versa t1ons , we talked about th e
approach of en teri ng mto a Power Purchase Ag reemen t In November of last year , Counci l approve d an
amendment lo th e Te chni cal Energy co ntr ac t lo provide tor investigatio n, design , deve lopment and
lmplementa tmn of a Ph oto Volta ic Solar Sys tem .. a PV sys tem and we d1scus~0 d that with Council at
the .. imlially at the March 8th City Council Study Session Holly Green presented to Council. And th en alsc
we talked abou t it at last week 's Study Session as well . Or on Ju ne 7th , excuse me . To give a l1 tll e bit of
informatmn on the Power Purcha se Agre emen t .. under th e terms of this Power Purchase
Agree ment. Ameresco wo uld provid e the PV sys tem at th e Civic Cen ter, the Mall ey Semor Cen ter, th e Poli ce
and Fire Ad min building , formerly known as Safety Services , and the ServiCen ler Th e PV sys tem proposed will
provide renewable energy for 4.7% of th e tota l electricity th at •he Ci ty cu rrentl y uses and 10 .3% of th e electri cal
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energy usage at those selec ted buildings Ameresco will design , build , own and ope rat e and maintain th e PV •
system for lhe term o' the agreement , wh ich 1s a 20 year term with , basically , renewal pen od s for up to 30 year s
Ame resco excuse me th e City will re cei ve electrical ou tput fron1 the sys tem to replac e purchases from Xcel
Energy And there 1s a bu y-ou t provis ion at th e end of th e ter m /\ couple of th mgs to me nti on 1s that the cos t of
the system to Ameresco 1s a littl e ove r a m1lhon and a half dollars The Ci ty's purchase price for electn c1 ty 1s set
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Englewood City Co unc il
Jun e 21 , 2010
Pag e 17
at 8 8 cen ts pe r kilowa tt ho ur, which includes the demand charg e Mr Co hn mentio ned that he pays 5 5 ce nts
per kIlo wa11 hour for usage so do we be fore the demand rate is apphed Th e averag e effective kilowatt hour
rate , for the selected City buildings , ,s JU SI slightly over 9 cen ts a kilowatt hour. So, th e 8 8 ce nt charge Is
slight ly less than we are paying now. Also , we have an escala 11on rall! of 2% per year That's a flat escala tion
rate , re gardless of what Xce l En ergy does, our ra te wi th Amere sco for the pmver we p1 ,rcha se from them . and
aga in , th is ,sonly 10% of the power for the affec ted buildings w,11 be based on Iha ! in i!lal ra te with a 2%
escalation For purposes of the proforma , Ameresco has use d a 3% escala tio n rate for Xcel Energy , howeve r
the average rate of Xcel's increases for electncity , in the rec ent pas t, has been 3 4% and quite honestly , we
belie ve that that escalalion rate will increase dramatically For one th ing, Xcel is looking al bnng,ng a new plant
on-l ine and when that plant comes on-line th e increase for that year will be 5 7%, In add1!1on , I think you may be
aware but all of th e power co mpanies that are producing elecln c,ty with coa l, have long term agreemen ts with
coal co mp ani es th ey have locked in pn ce s for coal At so me point , 1n the ve ry near future , those cu rren t pnce
locks are goi ng to expire and they are go,ng lo have to reneg ot,ale v11 lh co al com panies . If you have read
any thing about what th at's going to do to our elec tncal rates , you know tt,at the rates are going to go up ,
because th e coal rate s are going to contInu-· ·nc rea se and the rates th at Xc e:I Is paying now to purchase
coa l will be mu ch less than ii will be in thL e At th is point again th is is a small portio n of the elec trical
usagr that the City has , eve n fo r the buil dings being proposed fo r installation And I wi ll me ntion al so, that we
do have some structural work to do ... Ameres co has some structura l work to do investiga tio n. before we can
determ ine fully whet her or not all of our buildings can support the weigh! lo ads That's pa rt icularly tru e of the
Civic Center, bu t that will be ... provis1ons in th e con tract that if the st ru ctural con d1tIons cann ot be met for the
application of th e panels , then ei th er part y ha s th e abi lity to wi thdraw th at bu1ld1ng lrom th e program Howeve r, I
don 't believe tha t either party wa nts to wit hdr aw all the buildings from th e program for the loss of one ... ,n the
event that on e of our bui ldings doesn 't have the stru ctu ral in tegrity lo ma in n t11ose panel s. At this poin t I w,11
entertain qu es ti ons . And agai n, Ms . Green is here as well
Counci l Member G1l ht said I know I have a bunch of ques tion s And you are probably gomg to need to be up
here your Ameresco represen tat ive
Dep uty City Man ager Flaherty sai d I wlll men ti on I also inc luded In the pa cke t. th e e-ma•! res ponse to your
qu es tio n from las t Stud y Sess ion . R,c, whe n you asked ab out the technology So, you should have Ih a! in
your packet
Cit y Att orney Brotzman sai d 1f I could make one qu ick note on here We got a hltle earned aw:::i y v11th the
confide nti al sti cke r It shows up . the agreeme nt itself Is not co nf1d en t1 al It 's a public doc um ent. Th ei r co ncern
was trade secrets. On pag e 36 we neg otiated 1angua9e on those ex h1bIts relat111g to trad e secrets . So , those
item s are co nfld en l tal and they are no t being disclosed The ag re ement it se lf is obvi ous ly a public document
Courc1 I Member G1lht said you know right now it seems hke green Is the fun thing to do and he lt::dhly of 11 15
solar panels are not made in a green process ll Is a very na s1y very dirty 1f you are looking for a product that
:omes to us In a good, nalu rJ I way we hav -10 adr111t that a solar panel is a very dirty, nasty way of get ting to
us Its lots of chem icals arsenic lots of 11 you and I'm speak111g from talking to eng ineers In th e industry,
that I have ta lked to as recent dS today The ene rg y used to make a solar panel ,s hug e So , the problem and
the poin t I am ge tting to Is 1f we are looking for a green product , a solar panel Is not a preen product 11
produces aft erwards, but th e way of getting to us Is very dirty And I wa nt to make sure that we un derstand
that We are not JUS t, you know , pL1ttIny some lh tng on a bu1ld1ng that Ju st woke up one d::.iy and th ere It was rm
concerned on the proces s of sola r panel s. l'r,, also concerned abo ut th e type of pa nels you are going to be
pu lling on the building We ha ve not determined th e effi ci ency of those pan els Like semi conductors , they
wear ou t th ey are no t as effec ti ve You r ou tpu t th at you tal k abou t is peak perfor mance output when th e sun
Is always on there and they are clean and everything Is perfcc 1 We all ~now that that Is not a perfect world
And to stay on that. here 's a co upl e of my questions and I hope that you I don't know 1f you can answer these
or not rm not askmg to be re-engineered bu t have you looked at the figure• -:lose ly and ha\ e you looked at
what th e va nance of those figures are based · 1 your goo d day/bad day ? M~ Gre n sa id producllVlty of th e
!=iys tem? Mr G1lht said prod uctiv it y of the S} .m And wt:a t percentage efficiency of th e sys tem are you looking
for the City? Ms Green said I do not have that 1nformat1on with me What! can tell you ,s th e team t,,:i t build s
designs develops these sys tems and th at we are ,:.omm 11ted to thi s system fat th e next 20 years We would
!:a11glewood City Council
June 21, 2010
Page 18
only put something in that we really, truly want to back . Because it is our investment in the system over that
period of time and it Is our commitment to it. What those percentages are , those are excelle nt. very detailed
questions ... I don't have those with me . I was not prepared In lhal manner.
Council Member Gillit said lhe reason I ask is that is what we are go in g to ~a stuck with atte · 20, years. Right?
Because after 20 years it becomes our issue to worry about. is it a 20 year contract? Or at.er 20 years are you
taking these th ings away? Ms . Green said that is an option to be negotiated ~t t~e end . Mr. Gillit said ... so we
haven 't determined that yet .
Council Member jefferson said what happens ifwe don 't execute that o~tlon though? I r,uess that wou ld be a
good question while we are at that topic . Ms . Green said then it is for us tc remove . Mr Flaherty sa;~ yes . ..if
we do n't ex1:1c;5,: lh e option . We can basically can ... we can purchas ~ the s~;;:el"!"! ~!anytime for 1~1a fk et value .
At the end of t~e '.erm we can purchase it for a dollar. AnJ it Is up to us then to determine if we want to mainta in
that system or not maintain the system. To give you an example ... we have got a hot water system ... a solar hot
water system ... at the Recreation Cen~er . that has been in place since it was constructed in the 1987. They are
still operationa l. Ameresco looked at those . Although there certainly is a difference between a PV system and a
hot water system , the technology In 1987 certainly isn 't the technology we have today . And thos.a are still
functioning , still producing a small percentage of the hot water needs for the Recreation Center. Will these be
effective in 25 years and to what extent will they be effective? They will still be effective ... I'm not sure ... will they
be operating at 100% efficiency ... certainly not.
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Council Member Jefferson said sure and we hope that it w,:I make se nse for us to mainta in it at that point. I
gues s my question is , if we don 't exercise that option ... Ameresco will then remove the equipment and make
sure that our buildings are In functionable shape ... the roofs and whatnot? Ms . Green said correct. Mr. Flaherty
sai d I will just mention one other thing . Excuse me . There is no building penetrations . So, basically, this is a •
weighted syslem that is put on the roof system, so that you are not ta king something out of, out of the roof
system itself. You are taking it off th e roof. And that would be our respor,slbllity or our choice at that point.
Council Member Jefferson so removal would be on us? Mr. Flaherty said It would be our choice. And , Ms .
Gree ,• aid, It wou ld be , it would be ... conceptually , it would be in Ameresco's best interest lo make sure that
tho se ~anels produce the mo st output possible , because we need to generat e a revenue off of those panel s by
selling that power, as well, to pay off that system . I don't know what the answer is specifically to what you are
ask ing, but I ca n certainly find ti,at out. But we would completely be at risk If we built a system that didn't.. Mr.
Gilli ! said we understand that Ameresco's doing this to make money . You are no t doing this out of just, you
know ... and I am all for people mak ing money . I just want to make sure It makes se nse for the City .
Coun cil Member Gillit said ano ther question I have is what is the intended or esti mated energy offset for each
facil ity? I guess I'm looking for the system ... and I guess you are going to have to design one uniquely for each
fa cili ty . Is that correct ? Ms . Green said , generally , yes .
Council Member Gillit said I love Mr. Cohn 's example ton ight. 10,000 wa tts is not a lot of energy . A perfect
example ... you know, 10 ,000 watts is like an BO amp service . You co uldn 't even run a home on BO amps . And
that Is what we are talking about peak . So , m,· question is, why are we looking into something that is going to
get us such llttle ... and if everything's perfect and everythlng 's opt imal ... so little re turn? I don't see us paying
extra for it or top dollar for the ener~/. to really get nothing ba ck , to say that we 've got the appearance of being
gree n ... but so.ne of th is st uff ju~: Joesn't ma ke sense to me . Ms. Green said I wou ld say 1: s a step In th e right
directio n. It's what you can do now . It's a way to get on the wagon and move in that di1ecllon and do the right
thing . At least yo u are, you are securing about 10% of your consumption at 8.8%, at a ve ry low es calation rate ,
as opposed to about a blend ed rate of about B cents , goi ng up pro bably 6% on the averag e. And Mike's
numbers are reall y good currently , bu t natio nwide they go up a lot more . Li ke 6% that will escalate . So , at lea st
10% of your consumption at those sites will be kept here, as opposed to conti nually being here .
Council Member Gilli! said , again , like I spoke last time , we know and It Is already documented that in the next •
years we are going to be getting a mu ch more efficient , much higher output en erg y system . Wi1y wou ld it not be
in the City's benefit to wait for a much better product , the n to take a far les s product now,.' ,st for show? Ms .
Gre.~ sa id one of the reason s that we selected this particular type of a pan el, th is tec hno lc Jy ... Mr. Gilli! said
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Englewood City Co uncil
J une 21 , 2010
Page 19
could you tell me what that pane l rs? Ms . Green sard rt's a polycrystalline PV pane l. .. is bas ically what it is . It 's
not ble ed ing edge , it's jusl a prove n technology For Ameresco , and any company , generally , to invest in a
particular technology they would lik e to have something that Is proven , as opposed to so meth ing that is bleeding
edge So , to wait a few more years ... and to wait fo r that te chno logy for a few more yea rs beyond that to see
how that techno logy plays itc:elf out , JUSI leaves you at a point where you are never mov ing forward . Council
Member Gillrt said to me that sounds lik you are trying to sell me a car that I real ly do n't want You kn ow ,,,ha t I
am saying? Ms . Green sard it's a very I agree .. J mean maybe that's what that is, but in all fairness to the
investigat ion of the opportunity ... we do have the cost of the commodity at a reas on ab le rate . It is a renewable
source I allows you to move forward
Council Member Gilli! sard I just don 't hear you saying we are getting the be st Ms . Green said it is the best. II
is the best app licat ion for your parti cular facilities , under these circumstances And at this point in time , you also
benefit from the rebates that are available , that are quickly di minishing . Wh ich is another ... Mr . Gilli! said , well
we are not gett ing the rebates , you are. Ms . Green said bu t you get the benefit of the cost of the commod ity ,
because this ~artnership allowed us for the rebate s And the rebates are qu ickly diminishing . Even 6 months
ago we had an opportunity , if we would have brousht this forward , to have the cost of that commodity even
lower than the 8 cents . But we are losing that oppo r1u,i ty , because the utility compa nies are meeting that
expectat ion They are meeting their renewable sources . They are filling that capacity . When they fill that
capaci ty 'or that renewable source , they are going ',J , top giving rebates ... ! proiecl. I do not know, I can only
assume , u1•less something else bad comes up . A1 I',\! seen over the last years is it is not getting better . We 're
losing those .,pportunities to get those gran ts to br ,· "wn the cost of that PV proje ct
Deputy Crly Ma,ager Flaherty said I will just rem ind Coun cil of one other poinl . This agreement w, 're paying for
powe r, we are n\,t paying for solar pan els, we are not ins talhng solar panels . we dre not owning solar panels .
Ameresco 1s taking th e nsk . We are pay ing a rate that is comparable to Xce l Ene rgy rate esca1atirg at 2% a
year
Ma yor Woodward said I just want to ment ion that I asked specificall y your que stion to the Nati 0n al Research
Energy Lab, or NO:fa , regarding why shouldn 't we wart , or why sh ouldn 't I wa it while I was do in g it And lhey
made it very cl e3r .. do nol wait. Because you will garn nothing by wailing and whal yo u ha·,e spent ,n
en ergy .. and yes , there rs new techno logies , but the te chnology is no t mr,vin~ as fast as one may think ,
compared to the pri ce . And pardon me? Mr . Grllrt sa id I would disagre e. I would love to take you to a solar
plan! up rn Lo ngmont and show yo u what they are doing and that cutt i,1g edge tna t is coming up very so on I wrll
disagre e wrth that Well , MayorV\loodward sai d, with the Xce l En ergy rebates ... and , as you have
mentroned ... as t~ey go away .. I ·.i ot rn at the top , top end of those .and , you know , !h ere was th e Federa l Tax
CreUit , wh;r;h means as mut::1 to the City as 1· meant tJ me . You have to ha ve an income to have a ta x cred it
And on ou r ho rrendous Ci ty salary doesn'I impact , rt's all written off anyway so, it doesn 't get up to the po int of
taxes But I'm telling you th at rs what th e people from NREL and Im say ing th ey are the cutt ing edge of ene rgy
Cou ncil Membe1 G1llit sa id wha t ab out th e 1nvert e~:;? Who 1s respo nsible for th e mverters du rmg this t1111e ? Ms
Gree n sai d I'm so rry, pard on me? Mr G1ll1t said the invert ers I guess th ere 1s a five year warranty on th e
in ve rter s Ms Gree n said Ameresco is desig n, build , ow n and opera te so we are responsible Co un cil
Member Gill1t said so we have no , no responsibihty to any of the ~qu ipment at all? Ms Green said no
Council Memb er Grlh t said ha s any and I gue ss , I gu ess where I am going wrlh !hrs ... I would hKe lo table !hrs
until we ~et a few things answered This Cou ncil 1s very goo d at maki ng sure that when we go forward , we go
forward wi th all the answers There 's still SG'fle . even in your contract.. the ev ent that th e provider determines
,ts so le discre!ion of th e resu lt s of the 1n specl 1on obtamed lhe provider ii; unabl e to install th e system .. and
th en rt goe s on .. basically , rf yo u're no l sure rt can happen , rt's not go,ng to happen Why don 'I we do thrs wher
we can mai(.e sure it's going to happen ? Why dre we wasting time going through this .. wh e~ we 're no t even
sure that rt can ha ppen? Deputy Ci ty Manag er Flaherty sard i th•nk I can answer that and basica ll y, the
structural analys is :osts r,oney And neither the City , nor Ame res co is wrlhng to put lhal mon ey forward.. rd
Ameres co ,s willin g to do th at once Ne have signed a co nt rac t But the cost of th e structural analysis is a
significant number Mr Grlht sa rd can we sep arate tha t ou t from this? Mr Flahert y said I'm sorry? Mr Gillrt
said we hiwe two separa te iss ues to find ou t numbe r one 1s this rea lly working ,or JS ? And that 1f it's th en
Englewood City Cou ncil
June 21, 2010
Pag e 20
lets because you are not separating 11 out , you are asking for the who le th ing vo ted on tonight But 1\,r
Flaherty said either party can ca ncel the contract 1f the structural in tegrity of the building won 't pnrm1t the usage
Council Member G1ll1l said that doesn 't answer l he question Council Member Olson said I th mk 11 does answer
the questi on I think what he 's I want to make su re I understand what you 1usl said , 1n h,;h t of wha t I th ink
yolJ dSked an important question bu t 1f you separa ted them out , Il wouldn 't be rolled into this whole thing
Council Member Jefferson said ,,amebody has to come up w1/h /he money Ms Olson said someone has to
come up with the monev Mr Flahert y said somebody would have to pay fo r it So, Ms Olson sa id , you move
forward 1n good faith th at it's going to work au/ with the option lo pull out at any lime, when either part y fe els lik e
it's not working .. right? So. there's really no cas h outpu t until its clear .. 1s what we are going forward
with right ? And you take 1ae nsk . Ms Green sa d there has actually be en a con siderable amou nt of cash ou t
put on i\meresco's pa rt M~· Olson sai d .. on your pa rt Ms Green said to inves tiga te to this poin t in time
That next c hu nk for the structu 1 :-,I engIneer:;ig firm to be In and do that analysis .. pretty cost intensive. So , we
Just want to make sure Iha . there :; a co mm itment by this organ1zatIo n for th is agreement, before we co mmit
add 1t1 onal funds to tha t So , shocld one site .and I th ink there is really only one si te that's really 1n
question should the one si te reallJ' be above and beyond what we expect structu ral changes to be made to It ,
the n we would have the option tu back out and you, as well
Council Member G1ll1t said 1usl fo r my final clarity and th is will be the last I ask Just lo make 11 clear this 1s no
gain for the City. In other word s, we are not gain ing anything out of this , othe1 :i,d n we gel to say you get to
sell us electnc1 ty by the panels you put on our bu ildi ng s .. you gel to make the money ... and we gel to say . ooh,
look al us Is th at kind of, kind of how th at is kind of how 1t feels Ms Green said for 10% of th e consumptio n
at those fou r si tes an approximate 10% of th e consumpti on at those fou r sites, you get to kee p th e cost of the
commodi ty low over th e ne)Ct 20 yea rs You Jre no t at the mercy of lhe uttlity company for th eir mcreases
Council Memt .. r Jefferson said I think that really frames the issue a little b it what we really need to fo cus on
this evenin g Is th e idea of lockmg 111 the rate of this commodity over a long period of tim e make se nse for us?
I thin k we ha ve got to, you know, assume In good fai th tha t A meresco Is capable and knowledgeable about
mam taIn1n g and instalhng and removing this type of equipmen t So , I guess I JUSI want to try to re focus th e
conversation around , around the pri ce or the commodity an d wh ether tha t ,s acceptable an d whether we think
that that, going forward , Is 111 the bes t in terest of th e community or whe ther that ts a deterrrnnation we can 't make
tonight
Well , Council Mem bar Wilson said the other thing th ough wasn t with the Energy Office we were given
cho1c s of different companies to work with , Ameresco being one of them So, they had to be approved by th e
Energy Office So, I mean . I look al that bemg , you know, a positive, that someone else besides us was saymg
this Is a company you need to use Correct Mike? Deputy City Manager Flaherty satd ye<.:. Ameresco Is one
of twelve approved businesses
Mayo r Woo~·Nard said I wondE'r if we can get a motion on the table maybe so we can have this discussion
Council Member Olson said and th en can I ask a questi on after th at? Because I Mayor Woodward said well
1f you llaven 'I asked a question Ms O!son said maybe others of us do too Mayor Wood ward said I
mean . direct ques tion or we 'll get rt m CiIscuss10 n M s Olson said no I have a question an 1nformat1onal
questi on On page 16 , th e,e iS a comment under Adjustmen ts to Contra ct Pnce provider will promplly submit
to customer a written notice sett ing forth a description of the c hange in applicable law This is about possible
laws th at m1g ht cha nge some of th e costs Can you give an example of w hen that has ... what kmds of things
happen tha t mtghl change the cost here for th e arpl1cable I 1w? May be I'm asking someth 1nJ too speci fi c M s
Green said no that Is too spec 1f 1c for me Ou,te honestly I m not prepared to give a long h1story (if whal those
changes have been Ms Olson said okay Council Member Jefferson said a ,ax increase or something hke
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that Ws Olson said yell Is it someth ing that wou ld be like a ta x law chan e or something Mr Jefferson •
said kr an example do you thmk like a fee in cre ase f~om Xcel or you know, for pIpIng or ? Deputy City
tl.-'a nager Flaherty said I don't have that quotation but basically, 1 be li eve what you are refemng to Is any law
that would affect the pnce of any law that would affect the pnce of th e commodity , which would also affect the
pricer~ th e co mm odity for Xcel Energy Council Member Olson said that's what I was looking for Iust clanty on
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Englewood City Coun cil
June 21, 2010
Page 21
that Ms Green said I thmk 11 rs a pro tectio n cl ause Council Member Olson said yes Ms Green said 1n case
something comes down Council Me mber Olson said when you would adJust the contrac t price Ms Green said
no one has alerted me of that Mr Flaherty said I wil l mention one other thing the City of Arvada entered into
an ag ree ment in 2007 wi th Sun Electnc and the Power Purchase Agreement 1s v1rt 1.!~lly identical to the
Purchase Power Agreemer.t th ,"! we are ent ermg mto with Ameresco
Council Member Olson said I th ink the other one has already been answered Lei me ch•,ck 11 for a minule
Yes , I think that was 11 so , now somebody else had question
Council Member Jefferson said JUS I a qui ck ques tion for my JUS t, I guess , a procedure issue What we talk ed
a httle bit about this at our pre vmus meetmg ... 1s th ere a hmm g issue here,. Why wasn 't this brought forward at a
Stu dy Session rather than being bro ught here tonigh t? Is there a tImIng issue with some of these O Deputy
City Manager Flaherty sa id th -:.,a 1~ on the rebate side Mr Jefferson said on the rebates I guess that was
what I wa s asking Mr Fla herty sa •d Xce l Energy has a certain amount of dollars the y have set aside for
rebates and as th ose are u•;ed, thtl percentage that they will pay in rebates declines And , as Holly mentioned
at one point the rebate wa~ 1n the I th ink In the 11 % range and now it's a 9% range or something to that
effec t
Council Member Jefferson said Is tr.~t constantly fl uctuating or rs th at something that they say there Is a
particular date hr or? Mr Flaherty sa1t:, ~s I 1.!:"1uerstand 11, and correct me if I am v .. ,,ng , they have a Excel
Energy set asides pot of money for PV reba tes and as th ey spend those dollars de, 1, the percentage tha t they
pay to any part1cu1 .. ,r customer dechnes Council Member Jefferson said I mean does It drop off
sign ifican tly at part1cJlar pomts like every year or every few months or 1s Il 1ust you know co nstantly
fluclua l 1ng? Ms G•een sa id Is II co nstan tly flucluales down . Mr Fl aherty said down II goes down It doesn t
fluctuate M s Grr.en said 11 doesn't go in our favor Mr Jeff rson said that's th e trend Ms Ol~on said that's
like ou r budget Mr Je fferson said so, that's why you guys brought II fcrwa rd today , because you th ink there Is
some time u;9ency? Mr Flaherty said well , we also the reba te was applied for 111 January and there was a 9
mon th window for that rE:bate appl1cat1on
Ms Green said you have 10 have th is system built early September have the appropnate paperwork In to get
the reba te Ameresco 1s at Mr Jefferson said bul now 11 1s going away? I'm sorry . Just to be clear Ms
Green sai d pardon mt:? And the teba te will go away Mr J;;fterson said after September? Ms Green said yes
We can we seriously can bu ild the sys tem 1f th en~ Jre equipment delays or other problems like that out of
ou r cont rol . and we don't have 1t bwll unttl October th ere 1s no rebate for Ameresco
Council M ember McCasl1n said I agree w,t n you , be ca use I'm doing that energy audit through Xcel and you
have 10 llSe th~ reba1es by the end of July or "omett1mg or you are going to loc;P thPm ;m t1 ;1" thP y u"r 1i•nrr,
up . they become less and less So she Is absolu tely nght It's happening m th e 1ndu~try right now
Council M ember Jefferson said that helps me understand why we are bringing rt forward nm.,
Well. Council Member Wilson said, we have be n discussing th is for 2 yea rs Co~,ncll Mem ber G1lht said we
haven 't Council Mer,1 ber Jefferson said I don 't know
Mayor Wood w i:d said I th ink the r,tner tr ;•ng and correct rn Mike Is th e lIr~.,c.ng part of 11 Where we
we re have problems 6 week s ago nght no w we have an o~portunrty that v-. e ire seeing to move forward with
II
Oepuly C 11 y Manager Flah rty sa,d I did not wan 1 to go forward w11h the Pow1 l·urchase Agreement without the
Energy Pe rforman ce <:;i;ntrac t I f,-11 that they needed to go forward In unison And we were delay d, and are
still delayed to a lesser extent , b~ th e issue 01 th e amendment It, : ,son th e ballot 1n November So. yes . par. of
the delay m Power Purc:iase Agreement , has been our delay with thi; Energy Performance Con tract caused by
the fmancinrJ issue
Eng lewo od Ci ty Coun cil
June 21 , 2010
Page 22
Council Member Gill1 l said Mr Ma yor ts there a reason we cou ld not have had a Study Session on thi s before?
I have a list of q uestions that , you know, I feel I am being forced to vole no on something I should prob abl y
shou ld vote yes . because we are m this real rush to do sorne th1ng that we normally take ri ood time and good
discussion o n I don 't want to make a decision based on hurry up , you know, this offer won 't last 1f you walk out
It needs to be someth ing that we have gone to the res ide nts and we can say we have looked at th is , It makes
sense all of the questions are answered all of th e r's are dotted ts are crossed . thi s ts a great tiing for our
City And I Iust don't feel we have done that We hav~ not done tha t due diligence
Deputy City Manager Flaheny said, just to remind Council , we discussed lh1s at Study Session on Jane 7th
Cou nci l Member Gllht sa id we discussed th e aud it, we did not discuss solar panels . because th at was
su pposed to come back . Mr Flaherty said we discussed both con trac ts Council Member McCashn satd yes
you did
Ms Green said I apolog ize for noI being able to be lhe technical person that can give you be lier
.. 'or maltn'1 specifically on th e tech no logy. I had not anticipated tha t it would be such a conc:!rn , because I
e~pected th e concern to be ab out the cost of th e commodity and its escalation ra te over 20 years Ame resco Is
motivaled to pul the bes l te chn ology up. thal produces the most power efficie ntly and effecti vely , to sell to the
City So , the question about the Iechnology for me 1s a little off from where I expected the que stions to be
We're motivated to put up the best technology for you .. to sell tG you ... have power and provi de the bes t rate for
you and , also, to secure !hose reb ales We put all Ihe paperwork 1n to Xcel already to secure all th ose re bates
and we 're hI ttIn g the dea dline This 1s really our decision makmg point It is not a threa t to this organization at
all that 1s JUS I tru ly where we are at
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Coun cil Member G1ll 1t sa id ok ay then let me ask you a question then , The reason that's important 1f you can
gi ve rne a product that 15 .. 3 4 times better you can give me a better rate And I don't feel you have tol d •
us you have given us the best product so our rate co uld be lower I don 't !1ke that rate I think that ra tes too
high Ms Green said we would onl y be motivated io give you th e be5,1 red uct. with the best output because
tha t would provide th e best business analysis and strategy for botr ~s But , Council Member GIili! said , 11
sounds hke you are trying to match a rebate time versus th e best p1 uduct and the be st price. Ms Green said let
me add to my ... repeat one thi ng , Ju st so tha1 you know wh ere we stand I always tell people we can en,;.i 1neer
·1111 th e cows come home, but 1f there ts no money , 1t doesn 't matte r wha t we engineer for Ameresco ha s to
st:.:~•rp th e fundi ng to build this m1lhon and a half dollar project They are no t Ju st takmg Il ou t of their
reserves 1ney are borrowing money This technology has to be this rroiect has to be fmanceable always
This technology Is believed by Ameresco to bring us the bes.I busine:;s case and to be f1nanceable al the same
time We ca n wait you can see rL ba tes might be there mig ht no t be th ere th e technology might b&
there but , 1f technology comes up 3 to 4 times the ou tput I would t111nk Ameresco wou ld run the numbers and
take the panels down and put the new system In that economic feasibili ty would be th ere
Cou ncil Member Penn sa id Mayor Wood ward Council Member Wil so n sa id t wo uld :1ke to call for a vo tP
Cou ncil Me mber Jefferson said sur e but we wou ldn't necessanly get the benefit of th e
COUNC IL M EMBEH Pf NN MOV~G AN D COUNC IL MEMBER OLSO N SE CONDED , TO APPR OVE
AGENDA ITEM 11 (c) (v) -APPROVAL OF A PO WER PUR CHASE AGREE MENT FOR PHOTOVOLT AIC
SOL AR WITH AMERESCO,
Mayor Woodward sa id okay Further d1scuss1on
Cou ncil Member Jefferson said . agam . I would Jus t l1 lre to get comment s on the rate of the commodity as
proposed 111 the contract an d th e: ra te of escal ation ana get oth er Coun cil members o ~mIons on 1f that makes
sense for us I noticed that . I ~ JSS, the rate Is shghtl y lower th an what our current rate ts You know I guess I •
generally be heve that th e esc ala t1on rate will be ou tpaced by th e fr ee mari<et but you kn ow, 1 Jus t \'hin ted to
ge t oth er o~,•ni ons
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Englewood City Council
June 21 , 2010
Page 23
Mayor Woodward said I believe t~e rale will be much higher ... certainly 2% and probably higher than 3%. In
that... I think , as was mentioned with coal ... coal is going to go through a bunch of regulatory stuff that is going to
change the price . We 're already seeing the price of reside ntial changed to a tiered level. Housing Authority has
done a similar type of thing and they are looking at solar too and they locked In at a 3% ... on the escalation ... but
I don 't know what their base number was on that. I know my own experie nce with the system that I
have ... which Is totally different than thi s system ... and ... Mike , when you figure 10% of our electricity need an1
use here ... ls this just for buildings or is this what we use for the City of the 3 million dollars , wh ich pays for stre,•t
lights , etc.? Deputy City Manager Flaherty sa id the 10% is for the 4 buildings . It's 4.7% of the total City usage .
Mayor Woodward said oka y.
Mayor Woodward said .. and I th ink ... one of the things that I looked at , when I did my own , was I certainly didn 't
look at trying to provide enough so la r to pay for my whole electric bill and spin my meter backwards and get paid
by the electric company. And one of i!>P. things that was pointed out is ... as we become more energy efficient in
what we are ulilizing ... and that is lighting and all the other th ings ... we will see our usage needs go down . And I
know , ju,, based on mine , mine has gone down two-thirds . And I have 13 or 14 months of backup on that
particular system .
Council Member Ols on said one of the comments I wanted to make was I appreciate your feeling like the green
is something that's cool or the right thing ... not the right thing .. but just the trend thing to do ,;,ht now . I think It
doesn 't do this good service in terms of the amo,•nt of time that's been put in, the number of Y• ars that we have
been working on this ... that the City, I thin~. h s be~n considering this . I don 't see this as trend at all. I see this
as being very careful about thinking about our fu tu re . !.,.; just the same as with financial planning ... diversifylng
is the way to go and I th ink when it comes to energy it's ;he same thing . I don 't think we can bet a lot of what
different th ings are going to turn out to be . I mean ... who expected the oil leak with BP and what that's going to
do. No one can qu ite figu re out what's going to happe n wi th that But , I do think th•t we , as a City, neGd to be
thinking about...all the time ... ,ow to pay down wha t our future debts might be and find some stability. With the
10% .. .is a very small piece to be doing on th is. Th at buys us som e security in one small piece , it makes a tot of
sense at this poin t In time and thinking about what we think might happen . So , for me It... you know ... could it be
more ? Yes ... I would have liked to have seen it be lower . But I do think that the US is way behind ir. what costs
are and at some point it is going to hit us and we are going to be li ke th e rest of the world In having to pay out
quite a bi t more . We have been protected quite a bll and I think the government itself is going to have to ... we
are going to have to really figure this out. So , I would like lo see us go forward on th is . I think that solar
technology ... yes ... is always changing . There is always something new . The people that I know who work in
this field .. say , oh , there is this new technology that is going lo come In the ne ,. couple of years and it ta kes even
longer ... every minute that we wa it every year , that we wait...l don 't think that ,ve are buying anything better that
we couldn't have made up in the savings within that amount of time . And with 1 L % only ... It 's not a huge
risk ... Ameresco is tak ing the risk and they are really reputabl e ... well , I think well resourced organization to trust
that they want th is to work well . So , some of the techn ica l questio ns would be great to ha ve . I can totally
understand why you wouldn 't have thought t;1at wo uld be coming up tonight ... because those questlor,s should
have been asked in June ... wi th the folks that were the re .
Co un cil Meriber Jefferson said I have one question ... is th is system close to our capacity? Ooes anybody
know? Th ,.re wa s some question out there . I mean ... l mean we could ... at so me point In the futu re ... lf this new
technology co mes out... implement a new Power Purchase Agreem ent and purchase an additional 10 or
15% ... correct? Does anybody know the answer to that?
Dep uty City Manager Flah erty said I th ink , to a certain exte nt , you could . It depends on the amount of surface
area . We are looking at applying the panels to ro ofs . We have a finite amount of roof space . However, there
are other opportunities , In some locations perhaps , to utilize solar panels other than on roo fs . Council Member
Jefferson said on those 4 buildings ... would you say that thi s Power Purchase Agre ement , and whal th is would
cover, would put us near capacity ... as far as what type of square footage Is available on the roof and it works
with these panels? Mr. Flaherty s•id you know I have got a diagram of the ... and I can 't say that it 's ... that it 's
100% coverage . I th ink the math that Ameresco utilized to corr , up with the amount of ... the number of
panels ... was based on a number of factors . They obviously h,j to do a cos t formula that would allow them to
.. ~cover their costs , as well . But to answer your initial question is ... co uld we enter into a future Power Purchase
Englewood City Council
June 21 , 2010
Page 24
AgrP.ement for add1t1on al sola r pane ls at oth er loc at1ons or at , possibly , the same loca t1ons? Wf• would have to
in ve!;t1ga te that to see 1f that would be workab le But. Mr Jeffe rson sa id, 11 sounds llke ngh t nljW we are usmg
as much of the square foo tag e on the top of these buildings as Is feasible at lh1s lune Mr Flahert, said I can 't
say that for sure, but 1f on tre diag ram s th at I've basically you have lo have the Mr Jefferson sa id I mean
some of th ese are showing a lot of covera ~1e .. again .. I JUSt don 't know th e technology 1f you change you can
stack them I don't know you know what I mean .. I guess I'm JUSI trying to Mr Flaherty said you have gel
to have the nghl onenlal1on ind things of :hat nature loo, lo ca tch the sun shine Th ere were several 1naud1ble
comments Mr. Jefferson sa ·d than k you , sorry ... I wou ld have tho ug ht of that I woulo have tried to think about
th at b•JI I didn 't th ink about ,ha t unt il we started talking ab ou t some of these things Ms. Green said th at's all
right Whal I know abou t Nhal th e process t,ry wer ' th rough Is they certainly did maximize lhe space the
square foo tag e There were 0hsta cles m th e way they had to rrove around those And I think !hat th ere are
so me feature oppor1uni t1es . we couldn '• do th e Rec Center, be cau.;e of the cond1t1on for example If new
technologies come out maybe we can apply th ose Bui understand , as well , pan of th e beau tiful part of
this Is Ameresco will be your lon g-term partner in lhe ene rg y conservation fac1llly upgrade program th at you
1ust approved earlier We wi ll be here, al least annually, to walk l he sites and to continu ally look for new
opportun ities So, this initial Power Purchase Agreement 1f you find 11 effec tive does not hm1t you from
movm g forward, ber Jse we will con tinue to use our exper.1se to recommend new te ch nologies, new
ap phcat10ns , new locat10 ... s for it hose type s of things as yo ur energ y partner Council Member Jef:erso n
said thank you th ose co mments are helpful
Council Memb er Wilson sa,d so , are we ready to vote? Mayor Woodward said are you rea dy to a ? Ms
Wilson said l think Randy did yo u? Council Member Pe nn said we already made th e motion Ms W1lsC1n said
okay Th e rnouon is made
M:..yo r W oodward sa,d okay are th ere any other r:omme nts?
Council Member Je fferson sa id I do n't know I still would like to discuss 11 a 11 1tl e b1t furt her I nie;J'l Ri ck . you
do n't think the rates good ? Council Member G1ll1t said no, I don 't think th e ra te Is good at all I think Ameresco
saw what 11 was today and they sa id let's cha rge We have no we have no second opinion We have no th ird
opm10n I'm not saying th ey could be th e best m the world but we don 't kno w that Council Member Wil son
said we've called the vote oh , Randy call th e vote
Council Member Penn said we call for a vo te. please
Cou ncil Member Jeffers on said I dun 't know why we>; don 't want to have a I feel hke the d1scuss1on 1s still being
productive Council Member Wil so n sa,d well we've discussed 11 for two years one Two we brough t this up
on June 7th we discussed 1t So th,s has gone I mean and I trust staff th at th ey are 91vmg us the bes t
pr oduct that we can have at this time And there will always be new lt:!c.hn olo ie s
Council Member McC aslm said why wer en·t these concerns bro ught up 111 June?
Council Member Wilson sai d I fee l like th is 1s kind of like sl oncwalhng
Council Member Je fferson said wait a seco nd Council Member G1ll1 t said we did not talk m this detail in
June so thats not even r-.,r Jefferson said I understand we brough t this up Mr G11l 1t said no , we didn 't
llave this mformat1or Mr Je fferson sai d we certa in ly didn 't have th is d1scuss1on amongst Council on tt11 s Mr
G1lh t said that •s r·ght exaclly
Council Member Wilson sa ,d 11 was 1n Study Sess1on we would hav discussed 11 Ma;•or Woodward said we
had a presentation Coun cil Member Jefferson said 1I ot moved 11 got moved right" Am I remembering
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th is correctly? Is thi s what we are talking about? Mayor Woodward sa1d we had a presentation and a power •
pomt Mr Gllht said th at presenta1ton was all abm1t what we vo ted on 1ust a mmu te ago Her exact comment s
were 1f I remember cor rectly you can go back to the record and look tha t ,t didn 't appear that 11 was feas1ble
at the t1111 e, because of th e 1ebates That's the pa rt of th e conversa ti on I iemember We ne ver go t 11110 detail
Mr Jefferson sa id no pri ce quotes Mr G1lh t said exactly no pnce quotes no thing We have no idea
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Englewood City Council
June 21 , 201 O
Page 25
whether Ameresco ... aga 11~. I want them to make mone y, be cause I want them to stay m business .. but are we
gettmg the best ra te? I'm r•o going to sit here and say because one pers on gives me a rate and we have not
done our du e diligence lo •,ee 1f 11 could be belier by anybody else
Council r.A ... mber Vv':1c.n~ said but we have been th is co mpany ha~ oee n approved by the Gove rno r's Office
Mr G1lht said I don 'I care '.Vh o the y ha ve been app rove d by. Ms Wilson sa id and you 're talking Mr Gillit
said we need an oth er source to verify that what they have give n us Is good Ms Wilson said but they have ... we
signe d a contract . I me an , they have been working for us this whole two years. And you 're talking about one
co mpany in Longr. mt that no one .. or Lafayette or wherever it is .. no one know s anything about ... jus t
someone to ld you something Mr Gillit sai~ we are totall y off the subject of equipment. Now we 're talk ing price .
We do not know whelher or not we are getting best pnce . Ms W ilson said you don 't koow Mr . Gillit said I don 't
know . you are ex actl y ngh t We are tak ing and trust ing a comm ent.. Mayor Woodward said wai t.. wait we
put thi s ou t lo bid and A '1 eresco won th e bid So , it's not like we have just been Mr Gilht said let me clarify
that... they won th e bid on the ene rgy audit They we re asked to include lh1s ... we never put that. .. the solar
pa nel. out for bid If you did . please show me the documentation for ii. Council Member Jefferson sa id I think
lhal is correct Mr Gill,! ~ai d never. So , that... th at's my point of protest
Council Member Je fferson sa id yes ... and I don't think . you know , Rick or I are saying we wouldn 't even tually
move fo ard with this We're jest saying .. you ,now, why not have a Study Session on th is and delve a little bit
deeper into the ... you know, we are ob viously mak ing some sort of specul ative move, by locking in a rate for a
commodity goi ng forward ... for 20 years. And wh ile I think ... my personal opinion I guess is .. right now ... il loo ks
good to me But I am not . I don 't know .I'm not all tha t knowle dgeable In the energy markets and things of that
nature and sol wou ld feel more co mfortable with addi tio nal information co ming forward . Th at Is just my
personal opmion .
Mayor Woo dward said any other comments?
Council Member Jefferso n said but nobody's open to doing that Is th at co rrec t? Cou ncil Member Wilson said
I'm not Ma yor Woodward said that Is co rrect Mr Jefferso n said okay, 01 y
Council Me mber G1ll1t sai d we, we don 't v, int multiple bid s on some ll l1 ng we are going go int o a payment for
ye ar s. Are we clear ?
Mayor Woodward said so , you do have more comm ents 'i Counc il Memb er G1 ll1t sai d yes exac tl y I am not
lhrough wItn th is Mayor Woodward sa id so you are goins tc l1hbus te, here Mr G1lli t said if you want to call It
a filibuster I want to say let's take the time lo do tl11 s right 'Ne JU St sp en t mon lh s about a thrift slore . How
abou t somethmg we are gom g to have pay for for years T l'· e th e Ime for It We 're not taking th e tune and I
protest against that
Mayor Woodwa rd said I guess I disagree thal we haven 't a) taken the ume and b) that we are paying for
some thing for years Council Member G1 ll1t said 5 years m1 1vnum We have a 5 year ccri trac t Is that what we
are talking about? Someone sai d 20 Mr G1lhl sa id well 20 we can change th at to 5 years We ca n back out
m 5 ngh t? Ma yor Woodwa rd sa id we can start backing ou t t11ere, but we are not paying anything Th eir
paymg Mr G1 lhl said yes, but for 5 ye?rs we are going to be stuck In a rate that we don 't know whether or not
we got th e best rate or not Ma yo r Woodward sai d the wors t we ca11 do Is break even M1 G1ll 1t said we could
do eve n bette r maybe V,1~ don 't h.n ow We have not put thi s out to bId Pe riod
Council Member Olson said I didn't see th is as some thing tha t we would put ou t lo bid , because of th e way we
went about 11 Contra cting wit h someone creatin g a co nt ract with Arneresco to do this how would we QO ou t
for bid al th is point when they done all lhe work? They would have to share everything wi th anolhe1
company I thmk m order for them to come Council Member WIison sa1d I don 't thmk th ey are go mg to do
that. Coun cil Member Mccaslin said we would have to put 11 th rough the bid process th ree or four times when
you've got 3 different bi ds , you have to go thro ug t1 3 different proposals The ,·,hole lh1ng I mean I don 't
know Counc il Member Olson sa id Mike would that have even been I thm k the publi c coul d gel very
con fused by th is othe rwi se Deputy Cit y Man ager Flaherty sa,d the previous Cou ncil ac ti on Is descri bed m the
Eng lewood City Coun cil
J un e 21, 2010
Pag e 26
first paragraph of the Council Commun,cat,on 'lasically, City Council approved by a mollo11, an agreement
between th e C,ty and Ameresco for th e prov,s,on of a Technical Energy Aud it and In November of 2009 Council
approved an amendment to the T[A lo pruv,de for inves1Igation, design , development and Implementalion of a
solar system by Ameresco And 11 basically niv cor,,ment to Cou ncil, back 1n November , was that 1t was more
diffi cult to bnng 1n a third party at that pornt m 11rr a whl•n we were working on m conJunctron with Ameresco on
the overall Energy Perfor•nance Con tra ct 1ssu ,s You fnow, al that po,nt Council agreed if at this point you
are not agreeing then you 'll vote no I guess But, in November of last year brought 11 lo Council and
Council agreed to the a01endmc11t Ameresco would t,e the sole sou rce . sole sou rce company for the
i,,•,es tigalion , design , dP.velopment and rmplementa lion it's up to you now whelher or not you went to arprove me contract
Council Member Jefferson sard thank you for the comme nts and , again, I Just want to be cle ar ... and my posI1Ion
,s that. .. not that I don 't think this ,s th e world 's grea est thing I Just would feel more comfortable with more
mformat1on be fore we move forward on the con tra ct
Mayor Woodward sa,d okay Then I guess I would encourage you to vote no And In Just verifying Randy
made th ~ mollon for Agenda item 11 (c ) (v) he's also called th e vote at this lime and so let's vote
Council Member Jefferson said I have nc further commen ts
Vot e res ults :
Motio n earned
Ayes Council Members Penn , Mccaslin, Wilson, Wo odward, Olson
Nays Council Members Jefferson, G1lhl
Mayor Woodward said thank you Mike Council Membe· Jefferson said thank vou Mike Thank you for co ming tonight Mayor Woodward said yes thank you
12 Genera. Di sc us sion
(a) Mavo~s Choice
(1) May or Woodwa,rl said I want lo JUS I mention a couple of things con11ng up The
Sounds of Summer, coming up this week 1s The Runaway Express, Root s awl Folk Rock. July 1st, The Joe
Peterson Dance Orchestra and July 8th , Black Water That's Thur sday , nght out here In the piazza Last
Thurs · .. , nigh t, on th e 17th , there was really a large crowd for the 10th Army Ba Pd the 101 st Army Band Very amazmg I was r,!ally s:,1rpnsed
(11 ) Ma yor Wo o,· Nard sa1 I would als o like to mention Kid Sta9e Famil y N1 his All of
these arl! free shows July 6tn S11 .Jorgensen . w:,o 1s an ar , 1l1ng Iug~ler , July 13th , Jim Jrtckson , magic and
comedy Ard lh 1s 1s al the C1lyCe,11er A111ph1lheatcr also Tuesdays al 7 pm Sounds of Summer are Thwsdays "' 6 30 p 111
(111) May or Woodward said I wanted to r,1en1ton what Rodney had rought forward and
Cynthia regarding MO A and the PLACE event that they ha ·,e going on here at Hampden Hall In looking at
some of that material for th e WAV at Ventura , Cali fornia , 11 has , m addition lo th ese art park:;, It 1s ,mxed use
with residential that 1s affordable, as low as Ca hforma numbers , Si100 00 a month for an apartment, up to for
sale at S600 ,000 00, so there 's a pretty wide range and its walkable and very I 'llE:bn ti was really 1mpress1ve
looking at Iha! I think they also have ,o,r ·thing going on ,n Lond on
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(1v) 'A ayor Woodward said last I think II was Thursday or Fnday Mike that we ha s the •
l:>:apleton roundat,on here, wi th RTD look111g at our s11e he,e and out walking and looking al what they are doin9
with their going to do with lheir TOD , although 11 isn 't 1n lh e middle of Stapleton , so 1115n't tue:, ,e got some
plan::ing to do And I think , based upon the fe edback and the emails that I received from some of them and
their board president and stuff I th ink we really gave them a complete preser1a11on and they are very
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Eng lewood C ity Council
June 21, 201 0
Page 27
im pressed They were re~llv 1mpressed with the art that 1s out here Some of them haven't been here s1r.ce
Cinderella City It 1,•,1as rea · . 1ice to see those folks
(v) Mayor Woodward said also regarding the oa ts and the Code on that I saw a 11 was a
Counci l request a wh ile ago Council Member Jefferson said yeah , I put II 111 Mayer Woodward said
okay regarding that I'm going back to I believe tile fall of last year and there Is another l,1.,.:nc1I request,
where I thmk, 11 talks abou t how we had stopped or put a hold on en forcement during th ese Innes I know we
had a number of problems last ye ar wi th boa ts and stuff and maybe that Is something that we sh uuld take a look
at. But I would like go back and see that Council request from last fall It seems like we had suggested a
moratonum on some of the enforr~ment of that Now 1f 1t 1s hanging out 1n th e street or hanging cu' m lhe
sidewalk or , ,.;~t-of-way , obviously that's d1fferen1
Co uncil Member Jeffersor. said mind if I inteqect? I really appreciate those comme nts I fee l like I've been
gelling hearing from a lot of my cJnstItuents about these .. particularly this boat issue I feel like this Is
somethin g that we have been kind of pu lling on the back burner for awhile and I think we really need to, you
kno w, enact the mora tonum or re-ev aluat e what our rules are on that , particular ly with people with no alley
access , th ings of that nature, so I'd really like to ta ke another look at that I Just forwarded that request on 1ust to
make Cou ncil aware that that issue keeps .. seems to keep popping up and thank you Colleen for coming dow n
tonigh t to point 1t ou t again Bui I think 11 Is something that we need to set aside sorne time to re ev aluate th e
policy Mayor Woodward said okay
Council Member Olson said could I add something to that or do you want n,c !c •1t? RV's also fall into that
same realm , e specially now that's its summer Co uncil Member Jefferson said agreed , but RV's are not nearly
as big of an issue, just because people --re able to Mayor Woodward said RVs aren't under the Code Boats
are Council Member Jefferson said thl / are ab le tr• 'let them mto the1r m th eir dnve Councrl Member
McCashn satd some of them are Council Member .·enn said some s•zes of RV's Council Member Olson sa id
not everybody so not everybody I've had ca lls on it
(b) Council Members' Choice
(1) Coun cil Me mbe r Penn
He c;a1d I will agam go along with Joe. I th in k JO!? cha mpioned this a few times with th e boa l and recrea tio nal
equipment, 1 would hke to se~ ,;ome form of summer variance on this so they could have hke so me va11ance
on that du rin g the summe r I think that Is something that we ca n loo k at I agree Joe, I thtn k we need to bnng ti
up I would help you champion that myself
2 He said for Jerry f urman l.)n th e Awareness Ody for 111d1v1duals It was on ~ebruary 17" ~u pu~~1lJly ~
could keep an eye on this nP>.I year and possi bl y go Dieng wi th lh1s so w can do that
3 He o;aid I .Jltended ;: :lass the KEB class 0·1 compostmg nn Sa turd ay at the Communit y Garden H wa s an
exce llent cl., s If you don't know a nythmg ab0ut co mposting , th ey did a great Job o n th at class and hop fully
someone will get that ba ck to K[B for me ou nc1I Member Wilson sa,d l 'NIii Council Membe, Penn said 11
wa r. excell ent and I had a good :1rne w,th that so I actua ll y learned a few thin gs about compostin g 111 my ya rd
4 He said I ha le to. beca use I'm do in g the garden at Bishop now and I know th ey are lookmg at domg more
gardens at Hay and Clayton I'd hate to think that Bishop would be left out of some of th e money th at they have
alread y kind o f started that kind o f process and to upgra de to possibl y upgrade and make the communi ty
garden at Bishop larger I lh mk th at wo uld be sorne ll11ng th at we could look at also I clan l know 1f an ybod y 1s
looking, .. .' 1h ~t
5 He said and th en my mee tmg for D1stnct 3 I~ WcdnesdJy, th e 23'0 at Cherrelyn lemeritary al 6 o clock
D1stn ct 3 i=veryoody Is 1nvIted Tl1at s all Thank you Mayor
Mayor Woodward said tha nk you Rand;
Engl ewood City Council
June 21 , 20 10
Page 28
(11) Cou ncil Member Wil son
1. She said I have a couole of th ings I want to say congralulations to Bob Spada abou: the r rogram that he
had , we got the 1nfonn alion on from the kids' program for our golf I tho ught I brought that ,., I! ,s th e ,.:rgest ,n
t11e cruntry And so, think kudos to Bob and all of th e peo pl e who work at th e Golf Course .''lease let t:iem
know
2. She said also co ngratulations to Rick and t is sta ff for retrofit11ng th e diesel powered v,>1 •1cle and being one of
three mun1c1pal111es 1n the Sta te It.at have comple1ed that task
3. She said about the place called PL ACE th at MO A came and talked to us ab ou t I t'iink th at seems very , very
exci ting I think :t something t, ,.,u know , that . Flood may I know th at lhe) are le eking at Flood and maybe
that would be a g od place for something to do w•lh that pro perty I Just th ou gt 1 11 sou , .ded ve ry, very
1nterest1ng . I'm ve y im pressiv e wilt that and tha t they would think of Englewo od
4 She said also, abo ut the l:g ht s witn Englewood Un leashed, if we can ... or if Parks and Rec can ge l togeth er
wi lh Kim and fin d out what port ion of money they are willing lo kick in and see how tha t wo rks out
5 . She said thank yc,u aga,n to slaff and the pol :ce for th eir .. oh gosh, I've just gone bra in dead . Counci l
M ember Olson said .. the grants? Co"ncil Member Wilson said not ... well, th e grants, but also th at they have
come together Council Member Je ffer son said the employee contra ct? Gou r ·i i Mem ber Wlisoa said with
th eir co nt ra ct thank you. Okay, ,rs la te I'm sure I cou:d keep talking
•
6 She said I also wan ted to say that I wa s at tt.e Freedom Dog graduation and Joe from J,mano's had pi zza •
1here tha t he was dona ting an d he has tu rneC: into like just a llttle , you know, great asset to this City and he
keeps on donating and be ing right there and very much into th e community And I appreciate th at.
Co un ci l Member Jefferson sa id I will mentrone d he has also volw ,11 .. :1... ,n the to be en lhe comm 1ttee for the
C ham be r for th e Young Professmnals eve nt Council Member Wil son ~a id oh good Mr Jeff erson said he 1s all
over the place Cou ncil Member Wilso n sa id you wa it your turn Cou ncil Member Jefferson said sorry Th ere
was laughter
7 She said I also would be glad to rev1s11 the boa t thing for Colleen and see 1f we ca n ge l somet111 ng go,ng for
that for pe ople, yo u k now, so th at they don't have to pay nght now. in such hard times for a place to put lh e1r
boat and have 11 accessib le . And I think that ,s ,t
M ayor Woodward sa,d okay, !hank you
111 1) Council Mem ber G1lh t
I ie said thank yo u Mr Mayor A couple of commen ts tonight First , Colleen thank you for coming I have a
concern, nol 1ust about boa ts , bul w, 1ave ut1l1ly trailers that people are gelling 1,cke ts for as well In lhe sp111t al
ha ving a summer vanance there are people who load up th eir trailers wi th dirt and rocks and stuff and lhey
leave ,t 1n theu dnveway for awh1I.! untll they can get to 11 , to do their yard Techmca ll y, those are code
v1olallons , but the residen ts are trying to improve their prope rt y I would hk e us to be able to look not JU St at
boa ts. bu t ullh ty trailers that people are using an d so me other thing s, And hop efu lly , we ca n take so me tim e to
look at th at and make sure 11 makes sense fo r not only , yo u know, the Co ~0 . but for 0ur res1 den tr.
2 le satd again thanks Doug for coming and g1v1ng tildt demons tration
He sa1.i and Jerry Furman for bnng mg his 1tnms to attention
4 He said I want to audr,~ss Elaine Hults I have a couple comm~n ts One 1s as elected officials , 11 1s our Job
to hsten to our co nstituen ts, whether we agree wi th them or not Elaine said some things tonight that she was
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Englewood City Council
June 21 , 2010
Page 29
accused of lying about I'm concerned about some things . Number 1 ... we kind of do get some perks We get
to go to the Rec Center for free Council Member Wilson said I don 't Council Member Mccaslin said no we
don't. .no we don't. .. no we don 't Council Member Jefferson said I was going to say ... do you ha ve a Re c card?
I have a Rec card . Council Member Gilli! said okay .. that is not a perk . Council Member Mccaslin said that is
not a perk ... see so that Is a lie right there . I tried ii and I harl to pay Mr. Gill,t said regarding th e issue of trips ,
that's true . Th is Council takes trips pa id for by the City I'm not here to defend what she said . I'm here to clarify
some th ings. Th is Council does get meals prepared for them before Council She said tw,ce a month . It Is
actually four l ime s a month. Gas, I don't know where she got that, unless 11 was part of the trips . I guess my
conce rn ls and I've had people disagree with me , bel ieve it or not ... we should always ma inta in deco rum . We
should never , in my opinio n, ever call a consti1ue nt a har, es pecia ll y from this ben ch. I th ink if we have a
disagreement with them , it is our re sponsibility to contact ,hem . I am a little disappointed on how that ended
toni ght. I am not proud of how that situation went Wh,..:lher Elaine was correc t in her presentat io n or not , we
still have a re sponsib1l1ty , as elected officials, to hold decorum and hold some respect They are our bosses. I
wo uld never talk to my boss that way
5 He sai d the last th ing I have ,s .. , I guess I'm just... I'm perple xed at .I feel th ere was a ramrod tonight . And I
hope that we don't go throu gh this again . There was leg itimate concern .. , that.., it just seems we were hell bent
on a vote and I'm disappointed at ... and I think th ere are going to be people ,n my District...because I will let
them know wha t happen ed , be ca use they should know what happened . That we .. that there were th ings ... from
my perspectiv e, that I th ink that we didn't do rig ht for th em I hope we can do a bette r job I hope we can ta ke
th e time, especially with sincere questions. Thank yo u for letting me talk I'll pa ss it on
Mayor Woodward said thank you .
(1vl Council Member Olson .
1. She said I was n't go,ng to say anything, bu t now I th,ak I will I would like to strongly encou rag e us to follow
the pmtocol of not responding to any c1t1zens when they are up here ; understand what happened lo you
tonight : have been very tempted to do the same thing and you probably remember the nigh ts So , I just
th ink . I didn't USP. to like that abou t Council. It both ere d me to be someo ne li ke Colleen up here .. and saying
so methi ng and having to wait unlll the ve ry end , but I thmk 11 gives some time for the dust to se ttle if we are
upset abou t so mething or we've been attacked persona ll y, which has hap pened to me on a numb er of
occasions up here An d I JUSI I thmk ,t can help us, 1f we can just slay true to th at, I think that wi ll help us in th e
lo ng ruri Whe n th in gs are said that are really dt stcrbin g and per so nal. so metim es c1nd professional even So ,
that Is what I encourage
2 She said second thing ,s tonight th,s pa cket was incredible and I had this dropped o!f on Thursday For
th ose of you that don't know, this Is what we all got on Thursday But oh my goodness I am 1ust so
unpressed with otu staff I know we said a lot of thanks tornght and I don't want 1t to sound hke we are JUSt kmd
of going over and ovPr , bu t n1}' good ness , our attorney had to rearj through all of this too l'J make sure 11 was au
up to speed And 11 s partly it's mostly because of that Rick that I found no d1f,1cu lty voting for Ame resco
to111gh t, ba rring the techmcal ques ti ons And so I hope that you can also come to some place whe re 1l Is okay to
disag re e up here and not have a hundred percen t vote all of the tim e In th at, th ere ate so me ti mes where th e
re st of us are re ally ready to -r:ove ahead and vo te yes ar.d it's enoug h and I don't want to hold 11 up As a matter
of fac t, I thmk 11 would be de tru ent aI to hold 11 up So, I think we have to agree to disagree up here and know
~ha t we aU aren't always go mg tL get seven yeses on every thing .
Council Mem ber G111it asked since ~he responded to me , do I have permIssIon to respond ha ck ? Mayor
'N ::o 'Jdward said ac tua lly , no , because I d1dn't respond to you I was Council Member McCas l1n s::11d no, then
everybody wan ts tu respond Co un ci l Membe r Wilson said talk ;:\ft~rwards Mr McCasl1n said JUSI call her on
the phone
Council Member Olson said th at's 11 !Clerk's note Ms Olson sa id to M r G,1111 I'd be glad to talk I
(v) Council Member Jefferson
Englewood City Council
June 21 , 2010
Page 30
1 He said okay I Just wanted to thank every one wh o came out tonight and spoke
2. He said Kim , hopefully we can get that light lo oked al over at the park I, too , have se en over at Jason Park
how most peoplB are complying and th ings are working really well over there You know , I think I hea rd Kim ask
for sorne sort of, you know , extended vurs or something and my response would probably be that ea rlier
on ... bef;xe we had out daylight savings .. t was probab ly tough , bu t now that daylight savings is in full effec t. got
some lig ht unt il almost g p.m ., that things are working really well over the re.
3 He said I Just want to thank Co:t een again for bring in g up the boa ts issue ... hopefully .! appreci at e
everyone's comments tonight about that issue. Hopefully , we can move forward on that.
4 He sa id Doug , than k you for bringing forward your pre sentation
5 He sa id Jerry hopefully we can look at that State program for disabled folks and do a similar proclamation
in the future .
6. He said as far as gues t speakers and responding to them , you know , I ha te to say no in teradion between the
guests , because it's nice some ti mes to be able to get mfo rmation or to clarify an issue or you know , just give a
very quick response So , maybe that's so mething we need to discuss a little bit further going forward
7. He sa id I wanted to thank the Ameresco representative for be ing here tonight I appreciate you dealing wi th
all of our difficult questions. I'm sure she probably didn't anticipa te that , but thank you for doing that And
hopefully we can be good partners going forward
8 He sa1d and I generally agree We are go ing to disa gree so metimes up he re and I have no problem wit h that
and I hope nobody else does ei ther. That's all I have this evening
Mayor W oodward said thank you Joe
13 City Manager's Report
(a) City Man ager Sea rs sai d I JUS t two th in gs One , I know that yo u had a spec ific
qu es tion Colleen did Tom Van de rmee ma y be able to, at least , an swer that ques tion whi le we take a look at a
process for revIewIng that. So , you know , for a spec 1f1c em ploye e, perhaps she could tc1lk to me for a coupl e of
seco nds afterwards .. in terms of proce ss.
1b) City Manager Sears said seco ndly the1e are a num b~r of issues tha t are be1n ad dressed up at
the C M L aod I will be att end ing from a sta ffin g point A co uple other staff will be the re So , ! will be gone part of
thi s weefi. Tha t's all that I havt:
Mayo r Woodward said okay Thank you
14 . City Att o rn ey's Report
(a) City Attorney Brot zman present ed a reque st regarding se tt le ment of Case No 1ocvg11 -
Wol hurs1 Adult Corr.mun1ty , et al v Department of Tra nsportation . Stat e of Co lorado -cond emna tion acti on
The State has aP,,eed to all of En!;lewood 's constru ctio n issues ror the temporary City Ditch easemer.: He said
I too ha ve :;c.11e ra l iss ues The fir st Is a co nde mnati on acti on bro ught by the State agai nst Wolhur c:.t Adu lt
Commu nity The Cit y was named because the Cit y Ditch ru ns th ro ugh the re. Ut 1l1t1es staff sa t Jown wi th DOT
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They have worke d ou t n11 of th e co nst ru ction issues They've agree d to all of th e iss ues that th e Ci ty wa nt s and •
so I'm reques ting a mo ti on to settle tt·,at case
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Englewood City Council
June 21, 2010
Page 31
Co~ncil W· .'· · Jefferao n said we we re all wo nd ering what that picture was . City Attorney Brotzman sa id that's
actually I~ :ie, one . Co uncil Member Jefferaon ssid that's just what we figured out. There was laughter.
Mayor W0< ,,,. · d sa id this has been In the attorney information monthly report.
MAYOR WOODWARD MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE THE
SETTLEMENT OF CASE NO .10CV911 -WOLHURST .,DULT COMMUNITY ET AL V. DEPARTMENT OF
TRANSPORTATION, STATE OF COLORADO· CONDEMNATION ACTION .
Mayor Woodward asked if there were any dis cussio n or questions. There were none .
Vote results :
Motion carried .
Ayes : Council Membe rs Penn , Mccaslin , Wilson , Woodward, Jefferaon ,
Ol son, Gill i!
Nays : None
(b) City Attorney Brotzman presented a request to submit a final offer as part or the ongoing good
faith negotiations and If necessary to condemn property for sewer/storm sewer easements fo r the
Littleto n/E nglewood Plan t as recommen ded by the Supervisory Committee . He said the second matter is
actually a request. First or a!!, to submit a fina l offer in good ra,th negotiations . In all honesty, I think that's go ing
to resolve ii. The oppos lnr, pa rty has Ind icated , as we were bring ing this forward ton ight , to Counci L .talking
about the second issue, ••hlch is condemnation ... they have sai d they will in all likeli hood , if you approve a final
offer and condemnation .. wi ll settle with us .. Jor what the Supervisory Comm ittee has recommended . Th is is an
84 in ch sewer line . Goes straight lo the plant. Next is a storm sewer that has been there for years , but we are
gelling an easement for bo th. If you look , it's in the hatched are a and it's enough ... lhe disc ussions ha ve always
been with this property , not as to the dollar value , but this ow ner from Cal iforn ia wanted to ma intain the righ ' to
build over an 84 inch storm sewer line . Thal is just simply unacce0 ~,le and it just doesn't work. And if you ,ook
at the property , It's impossible . You can't bu ild anything there , but '"• 's been the holdup ... is they always
wanted to ma intain that right to build over the storm sewe r line . So, that's rea lly what we are talking about. The
recommendation from the Su perv isory Committee was for $50,004 .00 for both easements . So , at this lime, I'm
requesting most i'Tlportantly , to make a final offer and good fa ith negotiations and seco ndarily , if thaLfor some
reason ... our negot ia tions break down again ... lo conde mn th e property .
Cou nc il Member Jefferson said I'm sorry . Just to clarify your st ateme nt. You had suggested that the other party
sugge sted that they would lake this offer. Is that what you 're saying the re? City Attorney Brotzman sa id yes .
Council Member Jefferson sa id okay . Because I always figured that the condemnation i•;sue might come back
lo us or no? City Attorney Brotzman sa id what I'm asking for Is authority to begin the co ndemnation action and
then if there Is a further settlement in th at condemnation aclion ... we'd bring that settlement back . In all
likelihood , we'll never see that when we make our .. .if you authorize condemnation , they're going lo settle for the
$60 ,004 .00 . Council Member Olson said because they don't. .. Council Member Jefferson sa id so ... yes ... there
we re two re al questi ons here . One is authorizing condemnatio n ... City Attorney Brotzman said correct. Council
Member Jefferson said and then the other one is to make an offer of $60 ,000 .00 ... Mayor Woodward said mak e
th e offer or $60 ,000 .00 and If that Is not accep ted , th en the City Att orney would move forward on preparing
condemnation . Mr . Jefferaon said okay . Ms . Olson said and you are reporting that they said that if we go
through with both of thos e pieces ... that they are going to settle with us as we .. Mr. Brotzman sa id yes . Ms .
Olson said why notju ot settle then ? I mean it's like ... Council Member Jefferson said because we brea k out
both the can-al and the slick , is that. City Attorney Brotzman said in all honesty, ii ha s be en a very, very lung
negotiatio n that Mr. Kahm has had on behalf of Bi-City . And I lh iri< what we have is an owner that wants to
mnke sure that he's got everything and he hasn't left anything on the table , up lo th e point of making us .. .the last
thing th at we want to do ls ... we'd ralher ... lhe Supervisory Committee has worked dilige ntly not to have ... be
forced to condemn property . We do n't want to do that. That's not so mething that we want to ever gel to. We're
th ere beca use he wants lo make sure ... Council Membe r Jefferson said until we .. Cou ncil Member Olson said
that's wh,,re we are . City Attorney Brotzman said right. Mayor Woodward said Dan , this Is split with Littleton
or ... Ci ty Attorney Brotzman said yes ii is ... the amount Is , yes . Mayor Woodward said okay so It's really
$30 ,002 .00 to Englewood , $30 ,002 .00 to Littleton .
Englewood Cit y Council
June 21 , 2010
Page 32
MAY OR WO OO WARO MOVEO , ANO COUNCIL MEMBER GILLIT SECONOED , TO MOVE FORWARD WITH
AN OFFER FOR $60 ,004 .00 TO SETTLE THIS AS FAR AS AN EASEMENT GOES AND IF THAT IS NOT
ACCEPT ED, TO MOVE FORWARD WI TH PREPARING CONDEMNATION DO CUMENTATION AS
REQUIRED .
Counc il Member Wilson sa1t.J so when you say pre paring condemnat1011 does tha t mean , you 're JUSI gomg to do
11? Council Member Jefferson sai d I guess thal's what I was lrying to fig ure out I would prefer that they co me
back Council Member Wilson sai d or you are Iusl preparing the papers to let them kn ow that that co uld be th e
ne xt step? City Attorn ey Brotzman said no the ans wer 1s proceeding with the condemnat1on Counc i' Member
Wi lso n sa id and 1 realtze that 111s an 84 tnch se wer which was ltke the one at San ta Fe and Ox ford ? Was
that the one that broke Ci ty Man ager Sea rs said that was a storm sewer That wa s a storm sewer This 1s
actually Council Member Wilson said bul it was 84 inches City Ma nager Sears said this Is actually a sewer.
but 1t 1s over a storm se wer Ctty Attorney Brotzman sard le t me help with one piece Co:.mc,1 Member WIison
said okay Mr Brotzman said I make a fina l offer of $60 .004 00 If th ey say no , ,l's not fil e th e paperwork
1mmed1ately What happens 1s , we have to offer them show them our app raisa l, offer them an appraisal and
then there ,s a proce ss lo get the appraisers toget her and 11 tha t doe sn 't work, at that po,nl we can actually
procee d to fil in g a court to ta ke the property May or Woodward sa id so th e con demnation proceedings go
through a pro cess .. City Attorn ey Brorzman sa id a process before you ever actually file th e documents
Council Men,oer Penn sa id Dan , I'm sorry I must not have listened at th e first part Did you sa y that they will
not be able .o put the parking spaces ba ck over? C1ly Attorn ey Brotzman said parking spa ces, yes a bu il ding .
no Cou ncil Member Penn said oh , okay So th ey co uld put the ir par kin g ba ck on City Attorney Brotzman said
absolutely Mr Penn said wou ld th ey ha ve to rep urchase !h at pro pert y from us? City Attorney Brotzman sa id
no , no no All we're Mr Penn said all we're gomg to do 1s go underneath their propert y? Ci ty Att orn e,
•
Brotzman said 1f we do 1f we pro cee d with th e agreeme nt , we woul d Just s1mply take an easem en t We don't •
have to ow n 11 In fee In con dernna11on , you would actually own 11 Co uncil Member Je ffer son sa id and so I
guess .,,,1 I'm aski ng I'll support th is generally I guess I JUS l cisk that 1f they do reJect 11, th at we get no t1fl ca t1on
on 11 Ci ty Att orney Brotzman satd absolutely Council Member WIi son sa id I'm good with that
Mayor Woodward aske d if th P.re was any further d1scuss1on The re was none
Vote res ult s:
Mall on cc:1med
Pyes Counci l Members Penn , Mccaslin, WIison, Woodward , Jefferson
Olson , Gllhl
Nays None
lC) City Attorney Brot zman said I arn ac tually you1g ,o tal-.c .:.i v.:.ic.::i !l on day :-1 pe,sonal dav
tomorrow 10 play gol f 111 Breckenridge and tll en I'll br att ending 11,c CML sem1na1 aft er th at
15 Adjourn men t
The mei.:ting adJourned at 10 09 p m
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