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Home My WebLink About2010-12-06 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLE WOOD , ARAPAHOE COUNTY , COLORADO Regula r Se ssion December 6, 201 0 A permanen l sel of th es e mmu les and !h e audio are ma1nIained in !he City Clerk 's Office . Call to Order Minutes and stre am ing audlos are also available on the web at · http llwww englewoodgov erg/Index aspx?page=999 Th e regula r meet ing of the Engl ewood City Council was called to order by Mayor Woodward at 7 42 µ.m. 2. Invocation Th e 1nvocation was given by Council Membe r McCasl1n . Pledge of All egiance The Pledge of Allegian ce was led by Council Member McCaslm . Roll Call Prese nt· AbsenI · "quorum was preser.t Counci l Memb ers Jefferson , Penn , Gill1 t, McCaslm , Wilson , Woodward Cou nci l Memb ~r Olson Also present Ci ty Man ·Jger Sea rs Ci ty At ' ·•ney Brotzman Dep•.ty City Manager Flaherty C1 • 1 Clerk Ellis Dep ut y C1 Iy Clerk Bush Directo r White , Community De velopment Director Black , Parks and Recreat ion 01recIor Kahm , Public Works Tralfic Engineer Vostry , Pub lic Works f:conom1c De velo pment C0Nd 1nator Holl1n gsworth, Commumty Oeve1o pm en t Pi~r.ner II Vob :ml , Community Development Plann er II Bell , Com munity Development Recreation Programs and Fa c1h ty Supervisor Sack , Parks and Rec reation Customer Service SupeMsor Fritz -Pe le , Parks and Re cre ati on Re creaI1on Program Admm1sIraIor Adamson , Parks and Recrea!lon Recreation Program Admmis tra tor Mu sgrove , Parks and Recreation Recreation Program Adm1nistratl":-',/1::1asauez , Parks and Re creation Markel1ng and Publ,c Adm1mstra:cc Whi te , Parks and Recreat10 0 Special Even1s Admmis trat or McGutga1: City :.~anager's Offi ce Rec reatio n Services Manag er -Operation~ Hultberg , Parks ar.d Recrea tion Ballal1on Chief Ort11 •ire Deputy Chief of Police Colli ns .5 Police Se rgeant O'Connor " Cons ide ration of Minutes of Prev ious Scsr ion Eng lewood City Council December 6, 2010 Page 2 (a) CO UNCIi. MEMBER GILLIT MOVED , AND COUNCIL MEMBER WILSOM SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBE 1115, 2010 . Vote results : Motion carried Ayes· Na ys : Absent Cou ncil Members Pen n, Mccaslin. Wilson , Woodwarrl , Jellerson , Gill1t None Cou nci l Mem ber Olson 6 Re cognition of Scheduled Public Comment (a) Jerrell Black, Director of Parks and Recreation , ack nowledged the Ma lley Senior Recreat ion Center staff for the ir efforts rela ted to the NuSt ep Pinnacle Aw ard that the Malley Center recently received . Present wen Joe Sack , Shelly Fritz -Pe ll e, Den ise White . Rowan Velasquez , Carol McGu igan , Joyce Musgrove , Cheryl Adamson , and Gary Hu ltberg . 7. Recognit ion of Un scheduled Public Comment There was no unscheduled public comment 8. Communications , Proc lamations and Appointm ents (a) An e-mail from la in Lumsden 's advising Cou ncil of his res1gnat 1on from the Pubhc Li bra ry Board was considered . • COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO ACC EPT THE • RESIGNATION OF IAIN LUMSDEN FROM THE PUBLIC LIBRAR Y BOARD. Vote results : Motion earn ed Ayes . Nays Absent Council Members Penn . Mccas li n, Wilson , Woo dward , Jefferso n. Gilli! None Cou nci l Membe r Olson (b) A letter from Dianna Migu ez advising Council of he r res1gna l ioc from Ke ep Englewood Beautiful was co ns idere d CO UNC IL ME MBER McC ASLIN MO VED, AND CO UN CIL MEMBER WILSON SECO NDED , TO ACCEPT THE RES IGNAT ION OF DIANNA MIGU EZ FR OM KEEP ENGL EWO OD BEAUTIFU L. Vote res ult s: Motion earned Ayes Na ys Ab se nt Council Members Penn Mccaslin . Wilson, Woodward , Jefferson , G1lh t None Co unci l Mem ber Olson (c) A procl amalIon decla rin g Dece mbe r 8, 20 10 as Colorado Gives Day in the City of Englewood was constdered CO UNCIL MEMBER GILLIT MOVED , AND COUNCIL MEMBER McCASLIN SECON DED , TO APPP OVE THE PROCLAMATION DECLARIN G DECE M BER 8, 2010 AS COLORADO GIV ES DAY IN THE CITY OF ENGLEWO OD . Vote res ult s: Ayes Cou ncil Members Penn , McCas lm , Wilso n, Woodward , Jefferson , G1U1t Na ys None • • • • Eng lewood City Council December 6, 2010 Page 3 Absent Motion earned 9 Consent Agenda Counci l Member Olson (a) Approv al of Ordir ances on First Reading COUNCIL MEMBER WIL SON MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), \If). (Iii), (iv 1, and 9 (b) (i). (1 ) COUN CIL BILL NO 43, ,NTRODUC ED BY COU NC IL MEMBER WI LSO N A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGR EEMENT (IGA) ENTITLED "C ON TR ACT BY AND BETWEE N THE C:O NVE R REGIONAL COUNCIL OF GOVERNMENTS ('JRC:OG ) AND THE CITY OF ENGLEWOOD" FOR REIMBURSEME NT TO THE CITY QF EN GLEWOOD. COLORADO FOR THE COSTS OF 2010 TRAFFIC SIGNAL SYSTEM EQUIPMENT Pl •~CHASE . (1i) COUNC IL BILL NO . 46 , INTRODUC ED [IY COUNCIL MEMBER WILSON A BILL FO R AN ORDI NAN CE APPROVING AN INTERGOVERNMENTAL AGRcEMENT (IGA) REGARDIN G AMEN DMENT NO. 1 TO STATE SE NATE BILL 8, TRAFFIC SIG NAL M~IIHENANCE CONTRAC T . ADDIN G CONTRACT MA NAGEMENT SYSTE M (CMS) LANGUAG E TO THE ORIGI NAL CONTRACT (111) COUN CIL BIL L NO 51 , INTRODUCED BY COUNCIL MEMBER WILSON A BI LL FOR AN ORD INANCE APPROVIN G ACC EPTANCE OF THE "2010 COM MUNITIES PUTTING PRE V ENTI ON TO WO RK (CPPW) GRAN T cot TRAST" BETWrEN TRI -COUNTY HEAL TH DEPAR TM ENT AND THE CIT Y OF ENGLEWOOD COLORADC PERTAI NIN G TO CITY OF F"IGLEWOOD CO MMUNITY GA RDEN S (Iv) COU NCIL BIL L NO 52 . INTR OD UCED BY COU NCIL MEMBER WILSO N A BI LL FOR AN ORDI NANCE APPROVING ACC~PT~NCE OF THE "20 10 COM MUN ITIES PUTT IN G PRE VENTION TO WORK (CPPW) GRANT CO NTR ACT" BETWEEN TRI-COUNTY HEAL TH DEPARTMENT AND THE CIT Y OF ENGLEWOOD COLORADO PERTAI NIN G TU CO MPLETE STREET ASSESSME NT ST UDY AN D THE BIKE /PED PLAN STUDY AND DEVELOPME NT PROGR AM (b) Approval of Ordinances on Second Readin (1) ORDINANCE NO 49 SERIES OF 2010 (COUNCIL BILL NO 48 INTR ODUCED BY COU NCIL M MB ER OLSON) AN ORDI NAN CE APPROVIN G THE SALE ON THE OPEN MARKET OF SIX PROPERTIES' ICH WERE PURC HASED AND RE HABI LITATED WITH ruNDS FROM THE NEI GH BC'RHOOD STA BI L TION PROGRAM GRANT AND THE LTAR FUND Vote resu lt s : Mo io n carried Ayes Nays Absent C>Ju ncil Members Penn , McCashn , WIison, Wood ward, Jeffers on, Gllli t None Council Mem ber Olson (C) Hesoluuons and Motions There were no add 1t1ona l resolu tions or matrons su br 11tted for approval (See Age nda Item 11 ) Englew •od City Council December 6, 2010 Page 4 10 . Publ ic Hearing Items (a) COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER PENN SECONDED , TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 47 , AUTHORIZING AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNIC IPAL CODE PERTAINING TO LM,DSCAPING AND SCREENING . Vote resu lt s: Motion earned Ayes Nays: Absent. Cou nc il Members Penn , Mccaslin , W1lroo, Woodward , Jefferson , G111it None Council Member Ol son All tPstimony was given under oath . Planner Bell presented ba ckgrc Jnd in formation regarding the amendments to Title 16: Unified Development Code of the Englewood Municip al Code pertaining to Landscapi ng and Screening . Englewood res ident Aaron Re id had a question regard ing th is amendment. COUNCIL MEMBER JEFFERSON MOVED , AND COUNCIL MF"~BER WILSON SECONDE,'), TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON CO UNCIL BIL'. NO. 47 , AUTHORIZING AMENDMENTS TO TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWGO D MUNI C IPAL CODE PE RT1<IN ING TO LANDSCAPING AND SCREENING . Vot e result s: Motion carr:ed Ayes Nays Absent Couoc1 I Members Penn , Mccaslin. Wilson , Woodward, Jefferson , Gillit None Council Member Olson (b) CO UNCIL MEMBER WILSON MOVED , AND CO UNC IL MEMBER PENN SECO NDED, TO OPEN THE PUBLIC HEARING T O GATHER PUBLIC INPUT ON PROPOSED AMENDMENTS TO THE ENGI.EW '!OD DOWNTOWN AND ME DICAL DISTRICT SMALL AREA PLAN . Vote resu .. s: Motion earned Ayes Na ys Absent Co un cil Members Penn , McCashn, WIi son , Woodward , Jeffers on , G1lht None Cou ncll Mem ber Olson All te st1111o ny was :;1 ven under oa th Plan nerVobon l pre sf':nte d mfcrmahon reg :ud1n,1 th e proposf'd nmcndrn nts on the Englewood Downtown and Medical District Small Area Plan The foll owing persons spoke duriny the public hearing Cynthia Secor Mike Noland Gerald Tind all Mary King R J Scheck Robert J Rega n Maureen White Aaron Reid • • • • • Englewood City Counc il December 6, 2010 Pag ,· COUNCIL MEMBER GILLIT MOVED , AND COUN CIL MEi,~!'!:,, Jcrfl:RSON SECOND ED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON PROP06ED AMENDMENTS TO THE ENGLEWOOD DOWNTOWN AND M EDICAL DISTRICT SMALL AREA PLAN . Vote results: Mo11on earned Ayes Nays · Absenl Council Members Penn , Mccaslin , Wilson . Woodward . Jefferson G<lli l None Council Member Olson The meeting reces sed at 9 22 p m The meeting reco nve ned al 9 32 p m w,th six Council members present (Council Member Olson absent ) 11 Ordinan ces , Res oluti on and Motions (a) Approval of Ordinances o n Firsl Readi ng (1) Director of Commu nity Develop men t Wh ite presen ted a reco mm endat1on from the Community Develop me nt Deportment to adop t a bill fo r an ord inan ce approv ing an Interg overnme ntal Agreement w1lh rega rd to the formatio n of a Specia l Olstncl to fund public improvements COU NCIL MEMBER WILSON MOVED, AND COUN CIL MEMB ER GILLIT SE CONDED . TO AP PROVE AGENDA ITEM 11 (a) (i ) -COUN CIL B ILL NO . 49. CO UNCIL BI LL NO 49, INTRODUCED BY COU NCIL MEMBER WILSON A BI LL FOR AN ORDINANCE APP ROV ING AN "INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD COLORADO AND KENT PLAC E MET ROPOLll \N DISTRICT NO 1 AND KE NT PLACE METROPO LIT AN DISTRICT NO 2" Vote results: Mot ion carried Ayes Na ys Absent Counc il Members Penn , Mccaslin , Wilson, W oodward , Jefferson Gilli! None Council Member Olson (11) Ex Off1c10 -nglewood T1ansporta t1on Adv,s ory Committee Member Kahm 1esented a recomrnendat1on frorn the Englewood Trans~o auon Advisory Committee 10 approve a bill for an ordinance mnend1ng r1tl e 11 er.apt r 1 of !he Englewood Mun1c1pal Code with riew prov1s1ons regard ing Gol f Cars and Low Powered Scooters on Cngle\'. od roadways L:O UN CII. MEMBER PENN M OVED, AN D CO UNCIL MEMB ER GI LLIT SECO NDED , TO APPROVE AGE NDA ITEM 11 (a) (Iii -COUN CIL BILL NO. 50 . COU NCIL BILL NO 50. IN TR ODUCED BY CO UN CI L MEMBER PE NN • A BILL FOR AN ORDI NANCI= AMENDI NG TITLE 11, CHAPTER 1, OF THE EN GLEWOOD MUNICIP AL CODE 2000. WITH TH ADD ITIONS OF N W PROVISIONS PERTAIN IN G TO "GOLF CARS AND LOW POWE RED SCOOTERS" Vote res ults: Ayes Council Members Penn, McC ashn , Wilson . Woodward , Jeff erson G1lh t Englewood City Council December 6, 2010 Page 6 Motion earned Nays Absent None Council Member Olson (111) Deputy Chief of Police Collins presented a recommendation by the Pohce Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Internal Re venue Service for lhe Suspicious Activ1t1es Report Task Force COUNCIL MEMB ER WILSON MOVED, AND COUNCIL MEMBER Mc CASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (a) (Ill)-COUNCIL BILL NO . 54 . COUNCIL BILL NO . 54, INTRODUCED BY COU NCIL MEMBER WILSON A BILL FOR AN OR DIN ANCE AUTHORIZING AN INTERGOVERNMENTAL AG REEMENT EN TITLED "AGREEMENT BETWEEN TREASURY LAW ENFORCEMENT AGENCIES AND LOC AL. COUNTY ANLl STATE LAW ENF ORCEMENT AGENCIES FOR THE REIMBlJRSEMENT OF EXPENSES " BETWEEN TH INTERNAL REVE NUE SERVIC!::, CRIMI NAL INVESTIGATION DIVISION AND THE CITY OF ENGLEWOOD, COLORADO Vote results : Motion earned (b) Ayes· Nays Absent Council Members Penn , McCashn . Wilson . Woodward Jefferson , Gilllt None Counctl Membe r Olson Approval of Ordinances on Second Reading Th ere were no add1 t1on al ordin an ces submitted for approval on second readin g (Se e Agenda Item 9 • Consen t Agenda) (c) Resolutions and Moti ons (1) EconomIc Develo pm ent Coord1na1 or Holhngsworth presented a recommendat1o n from the Community De velo pment Department to app rove a reso lutio n aut ho ri zing a grant apph cation through th e State of Colorado EconomIc Oeve lopmeni. Comm1ssIon for Ara pah oe Coun ty En1erpnse Zone marketing an d adm1nistrat1on ,n t11e amount of S 2.500 CO UN CIL MEMB ER PENN MOVED , AND CO UN CIL MEMBER WILSON SE CO NDED, TO APPROVE AGE NDA ITEM 11 (c) (i). RESOLUTION NO 86 SERIES OF 20 10 A RESOLUTION AUTHORIZIN G A REQUEST TO THE ST ATE OF COLORADO FOR A 20 1 t [NTERPRIS[ ZO NE MARKETING GRANT FOR USE TO FUND MARK[; ING AND ADMINISTRATIVE ACT IVITIE S ASSOCIATED WITH THE ARAPA HOE COUNTY ENTFR~RISE ZO NE Vot e results: Ayes Nays Absent Council Members Penn , McCash n, Wtlson. Woodw~'d Jefferson G1l111 None Council Member Olson • • Moti on carried (11) Deputy City Manager Fl aherty presented a re co rnmendat,on from the Englewood • Mcl ellan Reservoi r Foundauon 10 approve a resoluti on supp onIng negot,.,1t1on s of a le ase agreement w1th Ben1am1n Franklin Charter School , LLC • • • Englewood C ity Council December 6, 2010 Page 7 COUNCIL MEMBER GILLIT MOVED, AND COUNCIL MEMBER Mc CAS LIN SECONDED, TO APPROVE AG~NDA ITEM 11 (c ) (11). RESOLUTION NO. 87 , SERIES OF 2010 . A RESOLUTION SUPPOR TINC THE ENGLEWOOD/MCLE LL AN RESERVOIR FOUNDATION (EMRF) FOR NEGOTI ATIO NS OF A LE ASE OF A PORTION OF TH E MC LELLAN PROPERTY TO BENJAMIN FRANKLIN C HAR TER SC HOOL. Vote results : Motio n carried . Ayes : Na ys : Absent: Council Members Penn , Mccaslin , Wilson , Woodward , Jefferson , Gillil None Council Member Olson (1i1) Director or Public Works Kahm presented a recommendatio n from the Public Works Depa rtm ent to approve , by motion , an amendment to the temporary occupancy and indemnity agreement w1lh the South Broadway Englewood Business Improvement District. COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER GILLIT SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii). AN AMENDMENT TO THE TE, '<PO RARY OCC UPANCY AND INDEMNITY AGREEMENT WITH THE SOUTH BROADWAY ENGLEWO11D BUSINESS IMPROVEMENT DISTRI CT . Vote results : Ayes . Nays : Absent Motio n earned 12 General Dis cussion (a) Mayor's Choice Counc il Members Penn , McCashn . Wilson . Woodward , Jefferson, G,11,t None Council Me mbe r Olson (b) Council Members' Choice 13 City Manager's Report City Man ager Se ars did not have any ma tltHS to bring before Council 14 Ci ty Attorney's Report Ci ty Allorney Brotzman did not have any mailers to bring before Council 15 Adjournmen t The meeting adJourned at 10 12 p m