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Home My WebLink About2009-02-17 (Regular) Meeting Minutes• • 1. Call to Order ~,NGLEWOOD CITY CQ' ,, iC 11 ENGLEWOOD, A'1',,PAHOE CO.!,;: t Y, C0 \ 1',l ADO Regular Sess ion February 17 , 2009 The regular meeti ng of the Englewood City Co uncil was called to orde.r ~y Mayor Woodward at 7:35 p.m. 2. lnvo;:atlon The invocation was given by Counc il Member Mccaslin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4, Roll Call Present Absen t A quorum was present Council Members Jefferson , Moore , Penn , Oakley, Mccaslin , Wilson , Woodward None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Director Gryglewicz, Finance and Adminislrative Services Director Kahm, Public Works Director White, Commu nity Development Police Commander Condreay Communicalions Coordinalor Hoffhines Senior Planner Langon , Community Development Engineering Technician 1 Dye , Public Works 5, Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED , '.·,r, COUNCIL MEMBER JEFFERSON SECONDED , 'i O APPROVE THE MINUTES OF THE REGULAR Cln , UNCIL MEETING OF FEBRUARY 2, 2009 , Mayor Woodward asked if there were any modifications or corrections , There was none , Vote results: Motion carri ed . Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 6, Recognition of Scheduled Public Comment • (a) City Council will recognize the young people who were nominated for lhis year's Metropolitan Mayors and Commiss ioners Youlh Award . Mayor Woodward said welcome and lhank you for co ming this even ing , Tonighl we are hon orin g Englewood 's nom inees for lhe 2009 Melropolilan Mayors and Commissioners You lh Awards . Th e Youth Awards recogn ize Englewood City Council Feb ruary 17 , 2009 Page 2 young peop le who have overcome difficult situat ia,.. 1 in th eir lives . We are recogniz ing 17 nom inees th is • evening from schools in Englewood . We are hor,or ia~ these nominees not because of the challenges the y have faced , but because they have risen to those challenR&S . These students inspire us with the ir strength and determ ination . I would like to invite the other Cit y G un cil Members to join me in front of the dais so we can fonm a receiving line to congratulate these special yourg people . I would lik e to introduce Le igh Ann Hoffh ines, who rep rese nts the City of Englewood on the Metropolitan Mayors and Comm issi oners Youth Awards Board of Managers . Leigh Ann is go ing to help us with th is f ·e s 11tation . Commun ications Coordinator Hoffhines said thank you Mayor Woodward , I want to thank the families , fr ie nds , teachers , and counselors who are here tonight to help us honor the nominees and who support these special young people on a da ily bas is. I want to extend a spec ial thanks to the nominators for recogniz ing the accom plishments of these young people and for bring ing those accompl ishments to our attention . I exten ded an inv itation to tt,e Englewood School Board members but unfortunately I scheduled th is recogn ition on the ir meeting night. They are unable to attend but the y wanted to extend congratul~tions on their behalf. We obviously have a full house bu t we have representatives from all the schools whose young people are being honored tonight... from Humanex Academy we have the assistant prin ci pal , we have admin istration from Colorado 's Finest Alternative High School and a re prese ntative from the Englewood Middle School , so tha nk you all so much for coming th is evening . I'm going to call each young person up ind ividually . Please crme forwa rd as I call your name . Each nom inee will rece ive a certificate and gift card as token of our admiration . Th e nom inees are : Damon Abeyta , an s" Grader at Engl ewood Middle School . Damon 's nom inator says Damon has a positive mindset and works to be the very best pe rson he can be . He works hard In school and is an advocate for his own educat ion . Brittanie Brite , a 12'" Grad er at Colorado 's Finest Alternative High School. According to her nomin ator , Brittanie has an amazing capacity for res ili ence , with a strong sense of Independence and an unwavering strength . She often volunteers through the schoo l at the school blood drive , the Humane Soc iety , and the Denver Rescue Mission . Jasmine Davis . an s" Grader at Englewood Mid dle School . Jasmine -or Jazzy as she is known -is described as a leader in the classroom . She has a positive and ca ri ng attitude , and Is always will ing to lend a hand , She is an active young woman who is very organ ized -she part ici pates in many extracurricular act ivities and helps with the school 's recycl ing program . Javier Deluna , a 12'" Grader at Humane x Academy . His nom inator says that Javier has totally turned his life around . He is a posit ive role mod el at school , helping others by sharing his perspe ctive and encouraging them make good choices . He is a prosperous sen ior who has been accepted into college and has excellent plans for the future . Cody Edie . a 12'" Grad er at Colorado 's Finest Alternative High Schoo '. Cody 's nominator says that Cody 's positive , gene ro us att itude is infect ious . He is grounded and mature arid serves as a role model for his peer s. Cody uses his pas t choices as a motivation to achieve his current goals and he Is determ ined to succeed . Scott Fau lk. a 7'" Grader at Englewood Midd le School. Scott is described by his nominators as a very caring young man who values life , his fam ily , and his friends . He has a pos itive outlook and is compassionate toward others in need . Clayton Ford , an 11'" Grader at Humane x Academy . Clayton 's nominator describes him as a posit ive role model who has helped younger students understand that they have control over the ir own success . Clayton has • worked hard in school and by succeedi ng in school ; he has shown he can be successful in life . • Hannah Goettsch , a 12" Grader at Colorado 's Finest Alternative High School. Hannah is descr ibed by her nor,,inator as one of the most dedicated people she has ever met. Hannah values her family, her relationsh ips , and ,,erself. She is unabashedly honest about her experiences in the hopes that they can hel p others . Englewood City Council February 17, 2009 Page 3 • Oscar Gomez-Sosa , a 12" Grader at Colorado 's Finest . II doesn 't look like Oscar is here this even ing . Oscar is described by his nominator as a pol ite . focused , and thoughttu l young man who has the confide nce to "do his own th ing ." Oscar und ersta nds that every choice comes with a consequence -th is maturity and clear- headedness helps him serve as a graat role model . Jess ica Lacey , a 12'" Grader at Colorado 's Finest. Accord ing to her nom inators , Jess ica has a pos itive attitude and an energetic spirit. She always sees the bright side of things and is always ava ilable for a friend in need . Her personal determination Is help ing her accomplish her goals , DeShariel Mathis , an B" Grader at Englewood Middle School. It looks like DeSahriel wasn't able to make 11 tni s evening . DeShariel's nominators describe her as an organ ized , respecttul young woman who contributes to the classroom through her active participation . She makes positive cho ices for herself and serves as a positive rtle model . Leo McC lu ng , a 1 o'" Grader at Humanex Academy . His nominator says Leo has a positive att itude about life thal helps others feel better about their o:.n life situations . He has been a stable force for his family by working hard in school and staying focused on his own well-being and the well-being of his family . Carly Sellaro , an B'" Grade, at Englewood Middle School . Carly is described by he: nominators as a respecttul , considerate, and respons ible young woman . Carly views life as something she has the power to mak e work for her and she brings others along with her on her positive , "can-do" path . Grace Van de Pas , an 11'" Grader at Humanex Academy . Grace 's nom in ators say she has worked ha rd to become the successful young woman she is today . She serves as a peer counselor at school , sharing her insights with others and helping them resolve conflicts and learn better ways to cope with their life challenges • Josh Wood , a 12'" Grader at Colorado's Finest Alternative High School. Josh wasn 't able to be with us this even ing . Guess why? He said he had class and he uidn 't feel like he shoulu miss his class . Josh is described by his nom inators as an easy-going , thoughttul young man . He has a creative energy and Is curious to learn new things . He offers pos itive support to his peers , challeng in g them to grow and reach their true potential . Brieana Wages , an B'" Grader at Englewood Middle School. Brie's nominators say that she has a warm and ca ring nature that makes her a leader in the classroom and a good role model . She is very active in her school community and she takes pride in her volunteer work , which includes spending time at a local nursing center . Stephanie Zalinger, a 12'" Grader at Colorado 's Finest Alternative High School . Stephan ie Is described by her nominators as cheerful , focused , and energetic. Her strength and determ ination have helped her turn her life around and she uses her experiences to help men tor pee rs and younge r students . There was app lause after each nom inee was announced . Congratulations again to all of you . We are proud to have young people like you as members of our community . Let's give them all Mother big round of applause . May or Woodward said I would just like to say about thes e awards . Individuals hove received them , the sponsors , the parents , guardians or what~ve r, you have somebody to really be proud of here . In man y cases , these young people have overcome same very hardship type things a11d stepped up and become leaders . No t only the leaders in the ir school but the leaders in the ir commun ity ... they are do ing community servi ce , they are doin g things working outside at school , some tim es in some cases , holding full time jobs . Having been involved in this progral1' for , I believe this will be my fifth ye .ir, I can tell you that I am really proud of· :hat you youth have accomplished and what it takes to accomplish what you ,ave done . So , kudos to all of you and congratulations . • Council Member Jefferson sa id congratulat ions . There was extended applause . Englewood City Council February 17 , 2009 Page 4 Ma yor Woodward sa id thank you for com ing . 7. Recognition of Unscheduled Public Comment (a) Nan cy Peterson , a Denver res ident , sa id I am here ton ight as a continuat ion of th e last ti me I was he re when I forgot a few items at home . Ton ight , I think I have everything . The pictures that I forgot at home are here tonig ht. Here 's the rest of your packet of pictures . So , if I can approach the bench , I will bring the pictures forward . And I have also brought a box of Nat ional Night Out plaques . I found out thro.-gli the grapevine that the Police Department is going to throw them away and I didn 't feel that ... my heart wa m 't into seeing th em go in the trash , so I thought that maybe the City Council would enjoy having them . So , I b;oughl them tonight and just as a little update that what 's in that box here ... I have the 1995 award from the Governor of the State of Colorado for our National Night Oc'. Our first National Night Out Award was in 1997 when I discovered that we were actually do ing something ~; tty spec ial here in the City of Englewood . I thought we needed to have th e whole entire City organized in tho Ne ighborhood Watch and actually when I left , we still didn 't have the whole en tire City organized in the Ne ighborhood Watch , which was a disappointment to me ,. llut I was only one person and I wasn 't able to get to all the neighborhoods to get them organ ized. So , we have from 1997 through 2005 an award for each year with the excep tion of 2000 ... my daughter died in 2000 on July 13'" ... and I just didn 't get it together for subm itting for a National Night Ot•I award as th is is a 101 of work . But I can tell you that our City came together and is probably the biggest display of part ies tha t year in honor of me from our citizens . They really did a humd inger show but I couldn't do it... I couldn 't do that. .. the paper work to get in for the ir award . So , 2000 is missing and I apoloJJize for that bu t 1997 lhrough 2005 is he ;e , And as you know, in 2006 I left the City on July 4" after the July 4 2006 Festival , so there is not a 2006 in there either. So , for you , here is this box and whatever you do with it, I hope you do something nice with ii and if you throw ii away , please don 't tell me . I don 't want to know about it. There you go . That's all and I'm done ... and I thin !< I'm under five minutes . Thank you . Mayor Woodward s2 thao!< you Nancy for all your serv ice lo the City . There was applause . I am sure if the Police Department,. , throwing away or discard ing them , Counc il Members may , I know I would, certa inly take one antl put ii up . Nancy had some real accomplishments with Neighborhood Watch , not only locally in the Slate but I think at a National level and has been honored as such with some National awards . Al one point , I think we may have had the largest Nat ional Night Out , possibly in the country . I know ii was unbelievable enough that the Governor of the Stale had to fly down here , I believe in a hel icopter , lo really confirm that th is many parties was go ing on that second Tuesday of August. So , congratu lations Nancy and again my appreciation for all you do . Ms . Peterson sa id I know I already left here but can I come back ? Mayor Woodward said you are ~a~~-She sa id I ran into Doug Garrett al lunch here not too long ago and I told him that there were ph ot1J s of him stand ing in the r.,iddle of the street with McGru ff . We have a lot of publ icity from tele,ision stations in t11e middle of the nigh t and stuff. There are some photos of hi m with McGruff and I know that he would love lo be able to see those loo . So if you ge t a chance to share those with him, I thin k he would like to see them . An d I am hoping , I don 't see anybody from the Fire Department but I ga ve him a huge bo x of photos so I'm hop ing th at they ut ili ze those . She said Hi Gary and congratulations Commander . Mayor Woodward said thank you . Command er Condreay said thank you Nar,cy . (b) Beve rly Cummins , an Englewood resident , said instead you of putting that in your office. I th ink ii would be nice of you , to all of you , to put ii on a wall . I am sure you have one empty here in the bu ilding that all of us could share ii instead of just you people. I th ink we all shared in he r hard work and in help ing our leader for all those years and now it has gone down to nothing , practically , because of her not be ing there . th ink II only right that she have a nice big wall celebrati ng Nancy Peterson . Thank you . May or Woodward and various Coun cil Members sa id thank you . 8. Communlcallons, Proclamations and Appointments • • • Englewood City Council February 17 , 2009 Page 5 • (a) A letter from Jim Gibson indicat ing his res iynat lon from the Keep Eng lewood Beautifu l Comm is sion was considered . COUNCIL MEMBER McCASLIN MOVEO, ANO COUNCIL M!:MBER PENN SECONDED, TO ACCEPT THE RESIGNATION OF JIM GIBSON FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION . Co ,ncil Member Mccaslin said I'm sorry to lose another one b,·1 they keep goi ng away . Mayor Woodwa ;d asked if there were any other comments . There were none . Motion ca ffi, · I. Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 9. Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE CONSENT AGENDA iTEM 9 {a) {I). (a) Approva l of Ordinances on First Reading (i) COU NCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLF'D "CONTF.ACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DR COG )' FOR • REIMBURSEMENT TO THE CITY OF ENGLEWOOD , COLORADO FOR THE COSTS OF TRAFFIC SIGNAL SYSTEM EQUIPMENT . Vote raaulta : Motion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None (b) Approval of Ordinances on Second Read ing There were no addit ional items submitted for approval on second reading . (See Agenda Item 11 .) (c) Resolutions and Motions There were no resolut ions or motions subm itted 'or approva l. 10. Public Hearing llama (a) Mayor Woodward sa id this is a Publ ic Hearing to cons ider testimony on Counc il Bill No . 2, authoriz ing amendments to Title 16: Un ifi ed Development Code peria ining to Massage Therap y COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO . 2, AUTHORIZING AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT COI.Z PERTAINING TO MASSAGE THERAPY . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley • Nays : None Mo ti on carried and lhe ?ublic hearing opened . Senior Planner Langon , be ing duly sworn , zaid for your cons ideration lh is even ing is Counc il Bill No , 2, amendments to the Unified Development Code of the Mun icipal Code related to massage therapy and massage Englewood City Council February 17 , 2009 Page 6 parlor. I ha ve alread y su bmitted for <he reco rd ?roof of Publ ication. Notice of th is Pu bl ic Hearin g was published • in the ':nglewood Herald on Februa ry 6" and on lhe Englewood Website from February 4'" lo February 16". I have also subm itted the Staff Report. This sel or amendments to Ire Un ified Deve lopment Code are result or a rece ul State leg islatio n passed that all massage lherapists be reg is « ·ed by the Stale . The Slate legislation also prohibited the licensing of massage therapists by local municipal ities . Council , as a result of lhat, repealed the City's massage therapy license requirements in Title 5 of the Municipal Code. Bui Ti tle • ,, . the Zon ing Regulations , refer to Title 5 and so there was a need for amendments . Thus the amendments are necessary to coord inate w ith the repeal or licensing in T itle 5 and then to comply wi' .e new Stale standards . The amendmenls are proposed in Definitions and Term in ology in Section 1 ,2 and correspond ing amendments in lhe Use Section s 11-1 and in the Table or Allowed Uses in 5.1, The amendments will stress where massage therapy is allowed and ii doesn't affect adu lt use in any way . They dea, only with rephrasing of the definition and the terms and the removal or the reference to Title 5, wh ic h has been repealed , l can go through all the proposed amendmenls or I can address any questions , Mayor Woodward asked if there were any questions. Council Member Mccaslin said I th ink the only question I had was that the licensing , if lhe ce are complaints or someth ing , that i s handled by the State , ri ght? Ms, Langon said that is correct. Mr, Mccaslin said and that also wilh inspections and making sure that everyone is licensed. Ms. Langon sa id that would be a State regulation now. Mr. Mccaslin said okay, thank you . Mayor Woodward asked if there were any other questions , Council Member Mccaslin said wai l , how many massage lherapy places do we have currently in Englewood ? Ms. Langon said Mr, McC,asl in, I don 't know. That would be a licensing question. I am not sure. Mr. Mccaslin sa id so we don't know. Ms Langon said I can defin itely find out for you . Mr. Mccaslin said no, it was j ust for informat ion . Mayor Woodward asked if there were any othe r q uestions. There were none. May o r Woodward as ked if there was anyo,,e else who wanted to speak during the Public Hearing , Tnsre was no one . Mayor Woodward asked if th~re was any olher discussion . There was none , COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO CLOSE THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO . 2, AUTHORIZING AMENDMENTS TO TITLE 18 : UNIFIED DEVELOPMENT CODE PERTAINING TO MASSAGE THERAPY. Ayes: Council Members Penn , Mccasli n. Moore, Woodward , Jefferson , Wi lson . Oakley Nays : None Motion carried and the public hearing closed . 11. Ordinances , Resolution and Motions (a) Approval of Ordinances on First Read ing There were no add ilional items submitted for approval on fi rst read ing . (See Agenda Item 9 -Consent Agenda .) (b) Approval of Ordinances on Second Read in~ (i) Counci l Bill No. 6, authorizing a "Grant of Temporary Construction License," a "Gr.ml of • Right-of-Way ,· and an "Exchange of Righi-of-Way Agreement" for relor3ting the City Ditch al 3290 South Lincoln Street to allow for the construction of a bu ild ing was considereo, • COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO . 3, SERIES OF 2009 . Englewoo~ City Council February 17, 2ij~~ Page 7 • ORDINAi iCE N0. 3, SERIES OF 2009 (COUNCIL BILL NO . 6, INTRODUCED BY COUNCIL MEMBER PENN ) AN ORDINANCE AUTHORIZING A "GRANT OF TEMPORARY CONSTRUCTION LICENSE ", A "GRANT OF RIGHT-OF-WAY" AND AN "EXCHANGE OF RIGHT-OF-WAY AGREEMENT" FOR RELOCATING THE CITY DITCH AT 3290 SOUTH LINCOLN STREET , ENGLEWOOD , COLORADO IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A BUILDING . Mayor Woodward asked if !here was any discussion . There was none . Vote results : Motion carried . Ayes : Counc il Members Penn , Mccasl in, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None (ii) Mayor Woodward sa id for the record , Council Bill No . 5 which was originally schedul ed for lonight amending the Wastewaler Ulil ily ordinance of the Englewood Mun ici pal Code , has been postponed unlil the March 2, 2009 meeting . (c) Resolutions and Motions There were no resolulions or molions subm itted for approval. 12 . General Dlacuaal on (a) Mayor's Choice • (i) Mayor Woodward said the firs! Item thal I would like , again , to congralulate lhe Youlh Members of Metro Mayors . I think ii is a real accomplishment for what they have gone lhrough and what they bring to the commun ily . (ii) Mayor Woodward said I just want to menlion and I am sure lhal everybody is aware lhat the Stimulus Bi ll was s,gned inlo law by President Obama and allhough we don 't know if Englewood will be receiving any fund ing , we are hopeful thal we will be seeing somelhing on our infrastructure and some other ilems . (iii) Mayor Woodward sa id aga in j usl for lhe record , for lhe citizens lhat read the mi nules , I want lo menlion that our financial report for January , wh ich covers the Ch ri slmas season , for the Cily was , as far as lhe revenue side goes down approxi malely one-half of one percent , wh ic h is pretty except ional for lhe limes . We , al least in my op inion , I feel very fortunale lhat the City has the financial abilities that it does right now and lhat , I think , we all pretty much were counling on a down turn but half of one percent is very , very acceplable , lo say the least (iv) Mayor Woodward said also I would like to ask for approval , or see if there are an y objections , I have been asked to sign as Mayor , a support on behalf of the City for a granl appl icat ion for the Bishop Elementary School in Englewood , publ ic schools for a $60 ,000.00 granl lhat would be awarded by Toyota Family Literacy Pr0gram . This is someth ing that has jusl come forward here in the la st, roughly 24 hours , in support. Th is do, ,s nol comm it the City of Englewood lo anyth in g. It would ' :ust basically us slalin g support of it. I have recei•,ed th is la te this afternoon and City Attorney Da n Brotzm •. , did lake a qu ick loo k at it and , correcl me if I'm wrong , but did confirm th at it is Just basically say ing we support thi s ele mentary school and lhe School Districl In applying for th is grant. Cily Attorney Brotzman said and we are nol bind ing th e Cily In any way . So , if there aren 't any objeclio ns, I would li ke lo go ahead and sign off on th is as they need to submil th is grant tnmorrow by noo n . • Cou ncil Member Penn said r th ink ii is a grea t th ing for lh e Eng lr,wood Schoo l system and hop i! that we can bring that In to our kids . Engle·,,ood City Council February 17 , 2009 Page 8 Coun cil Member Mccaslin sa id well it is kind of. .. you know my wife from Bishop presented this . Each selected • comr.iunity will deve lop and implement a Comprehen sive Family Literacy , which is reading ... readi11g programs ... that three elementary schools within a single school district. So what she is trying to do is combine La ti no and the Hispanic communities to help, not just them, but to help the kids in Englewood become better readers and be co me more successful. I tell you what, her work goes undaunted . She works from 7 in the morning un til 9 o'clock every night. on weekends and you will never find a harder worker in th is community that's work ing for the good of the st udents of Englewood . I am so proud of her to say that because I see that the fruits of her efforts turn out. I would match her again st any princip al here in Colorado. Coming from Douglas County, she was one of th e top people there and she will rema in to be top because she is committed to the needs of the s!cdents and the families here in Englewood . I just can't tell you how proud I am of her. I want to be sure that that gets on the record because I don 't tell her that. She does a great job with those kids at Bishop . Mayor Woodward said well hearing no objections, I will go ahead approve that and sign off on it. Council Member Mccaslin said then I will ta ke it tonight and thank you . I appreciate ii. (b) Council Members' Choice (i) Council Member Penn: 1. He said again I am like everybody else. I think the recipients of the Commission Youth Awards are tremendous for these young people. I will make one note that again, we have no one from Englewood High School on this thing aga in. I don't know what we can do to try to get that going and hopefully we can con tinue lo get them involved. 2 . He said Patty Si lveistein will be in here next Tuesday morning al 7:30, bright and early, al the Hampden Hall. It's an Economic Se minar. II is free to anybody who would like lo come and listen to what is happening in • the economics of the Denver Metro area , looking at Englewood and Littleton specifically. So you have a chance lo come al no cost... 7:30 in the morning ... so if you have a chaace lo gel up early , please come down and see Patty because she has a gre,I presentation . 3. He said gel your Hawaiian gear ready lo go. We have the Hawaiian Ga la go,ng on March 31". I know :his is a little early but start getting your logs ready . II is Hawaiian resort stuff and again ii will be in the Community Room . 4. He sa;d for Ms. Burton out there, hurray for Matt Kenseth , who won the Daytona 500 the other day. 5. He sa id and for my good friend , Bob Mccasli n that is sitting ne xt lo me, I would like him to rev iew th& introduction of Mr. Obama today and let me know exactly what that young man was wearing when he inlrodu,.ed Mr. Obama. And I've got lo thank you . Council Member Mcc aslin said I'm sorry but I was working. He sa id wh at was he wearing? Mr. Penn said kak i pants and a sweater, and Mr. Obama did not say anything . In fact, the President didn't say ~ word about his wearing a ti e. (ii) Council Member Mccaslin said I ,.~ui... jest like lo congratulate the Youth for coming in w ith their issues whether ii be environmental or whalev~r lhe,r issues are. I mean, they struggle the same as we do with issues daily. An ~ to see them show up lik~ !"sy did, ii is amaziog . I figured a hand full would show up but we had a big turn out. I am amazed . II is good 10 see the Youth of today and the adults of tomorrow come out and do that. So thank you . (iii) Council Member Moore said as much as I lik e Dan ... so that he and I are not sitting alone up here on March 16'", I will ma ke a mot ion to reschedule the City Cotlncil me,iling. COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER W!LSON SECONL'ED TO RESCHEDULE THE MARCH 16, 2009 CITY COUNCIL Mi:ETING TO MARCH 23 , 2009 . Mayor Woodward ask ed if there war. any dis cussio n. • Englewood City Council February 17, 2009 Page 9 • Mayor Woodward sa id )usl lo clarify why !hat is , five Council Members will be up al lhe Natio na l Leagu e of Cities Conference and includ ing lhe City Manager, so Dan , John and Jill would be the onl y ones here . Mayo r Woodward asked if there were any other commen ts or discuss ion . There were none . Vote resuilll : Mot ion carried . Ayes: Council Members Penn, Mccaslin , Moore , Woodward , Jefferson , Wilson, Oakley Nays: None (Clerk's nole: Th is was listed on lhe Agenda as ilem ,1 (b) (i).) (iv) Council Member Oakley: 1. He said congralulalions lo lhe Youth Award recip ients . 2. He sa id I had a call today from a gentleman , who had a couple of questions . One was street related and I was able lo answer !hat. But he had a question about what ii cos! for a permit to install a hot waler heater. He thought it was exorbitant. I couldn't answer that. II is not a Council Request, if someone can just send me an e-mail and lel me know what ii was , I will get back with him . (v) Council Member Wilson: 1. She said congratulations lo the students In receiving the awards and also to the parents who showed up • lo support their children . I always think thal is huge. 2. She sa id listen ing to the Stimulus Bill , I know that Colorado is first on the energy and no one will be able lo get it right but Namaste. (Council member Penn asked what is that .) She repl ied an energy group or solar company were talking about it and if we can in any way, it is going to bring more jobs to Colorado ... if we can jump on that bandwagon in any way . Boulder is going to go to a, I believe it is called newbrid. Mr. Woodward sa id smartbrid . She sa id yes , smartbrid and you know, the more we can do that is energy efficient, I think it will benefit the City and everyone in it. 3. She sa id I also heard that there is a lol of housing rehab m,ney coming inlo Colorado . I was talk ing lo one of the women who wcrks ~own in Denver, who does know Janel Grimmell, bul !here is money com ing lnlo rehab fo reclosures, if in ,.,.,, way lhe City ca n use that money or benefit from it. 4. She sa id j ust fo r the record , I am not go ing lo D.C. !h is year. I had a grandson who was just born and I am going lo be helping out there bul I support all the µeople who are going . II is a great, greal thing . Mayor Woodward saia did you say you just had a grandson !hat was born ? Ms. Wilson said yes , on Valentine's Day . Mr. Woodward sa id well , cong ratulations. Ms. Wilson said !hank you . So anyway I will be he lp ing cul !here. Thal makes hvo. Hopefully, that's ii, one for each parent. (vi) Council Member Jefferson : 1. He sa id I just wanted lo thank Nancy for coming down . I agree Iha! she did a fantastic job with our National Nigh! Out. Thal is something !hat has deteriorated a little oil !hat maybe we can lry lo straighten ii oul going forward . 2. He said I also just wanted lo say congratulations to l he Meire Mayors Youth Award winners. I th ink ii is • rea ll y important for us lo recognize lhe efforts and accomplishments of our youth . I loo find ii troubling !hat none of !hem came from Englewood High as it would be valuable for them . Englewood City Council February 17, 2009 Page 10 Counc il Membe r Penn said ma y I add on e lh ing ? Mayor Woodward sa id yes . Mr. Penn sa id three of the four of • the Colorado 's Finest were Englewood High School students at one tim e. So I did know three of them , so they were there . Some how they had a connection with Englewood High . Council Member Jefferson said st ill , we have got to get some of those Englewood High kids . Mayor Woodward sa id we ha ve got to get to the Counseling Department at the Higll School. Maybe we could bring that up at the meet ing coming up . Counc il Member Jefferson sa id right. 13 . City Manager's Report (a) City Ma na ger Sears sa id a qu ick rem inder to Council that we have Diane DeGette here this Friday morn ing , the 27'". We will be hr,ving !he Depanrnent heads there and will have th~ information to Council like we had in the past like we had on "edHral leg islation . We are go ing to try to make contact with the school to see if we can get the other school members here . That will be , I be lieve . at 1 O o'clock . We will remind you th is week . Council Member Wilson ask e1 the time and Mr . Sears said I believe at 1 O o'clock here in the Community Roo m. (b) City Manager Sears sai c we had sent out a memo that. .. aga in the Stimulus Package as the Mayor said is mov ing . It has been back and forth moving rapidly . Mike Flaher,y put together the original informatio n prov ided that . but over this last week , Rick Kahm , Pub lic Works Director. rece ived a notice that we needed to get add ition al information in on current up-shovel ready projects . We sent that in and I would just like Rick to come reoort on where we are with tha t. Director Kahm said this has been a real moving target as ,1ou all know 1h31. DRC C , notified us on February 2"' that the y were having a Board meetir.g on February 4 and I th ink Mr. Oakley went to that. It was pretty apparent at the end of that meeting that we were probably not going to be eligible for any funding beca :ise • DRCOG was stay ing with the standards set by the Feds for TIP improvements . And that requires , first of all , that they be on pri mary road systems and the only ones in Englewood that we have would be 285/Broadway , Belle vi ew/Federal, and so we didn 't have an opportunity . However , on February 5"'. they sent us a written invitation to apply for projects . And by the 5"', they had changed the rule s and said we could also submit on secondary roads and we 've got a number of those in the City ; Old Hampden, Zun i, Tejon . Tufts . There are a whole lot of them . So, we took a qu ick look at that and the downside was , we had to have our app lica tions in by last Friday at no on. on the 13"'. so we only had a week to put them together. We focused on transportation projects that we had a pretty good understanding on because one of the requ ire ments was that they had backed off of this 90 day th ing and !hey were tal ki ng about projects that had to be able to be bid by Decembe r 2009 and be constructed with in three years . So we focused on paving projects , med ian projects and I think you all got in the ma il, you got a list of projects here . And so, we submitted for six projects totaling a little over 5 million dollars . We spl it Broadway into two ;,ieces , Broa dway overl ay and Eng le wood overlay becau se Broadway is primary and the other is secondary so we wanted to get more punch for Broadway so we se parated those so they didn 't get all locked together. 'i~~se were all turned in on Friday and they sen t us a notice that they had rece ived it. They als D had put out a schedu le and so they went on Friday and they were pretty aggressive because th ey were supp osed to post a li st of all proje cts that were submitted by today . We thought we would see a li st by 5 this afternoon but it never sho wed up on our email so I'm sure we will have It in th e morn ing . That Is because th~ir regular Board meeting to finalize the priorit iz ati on proce ss is tomo rrow . Th en they are going to ha'J e a secon d Spe cial Board meeting and ii says the y are going to have a Publ ic Hearing and approve the 11st on March 4th Ke l • rule will not ru le there . But that is kind of where we are . We know tho »e th ing s. The th ing s that we don 't know . as of this afternoon ... We knov, '"at there were , through DRCOG , there were 180 projects subm itted total ing 60 0 millio n dollars in th is area . We believe that Colorado nased on the goal that was passed tOl.lay . we will rece ive about 402 million do llars for tha transportation projects . DRCOG believes that they are going to rece ive up to 402 , about 15% or 64 milli on . So , if they are correct , we will receive about 64 out of 402 milli on . Tha t de cision will be made by the Co lorado Transportation Comm is sion , and I don 't know when that decision will be made . So we do n't hav e to jump that hurdle yet. So , that is what we know and we don 't know when the Transpo rtat io n Commiss ion wil l meet and we don 't kn ow the fa ct that DRCOG will rece ive funding . • But if they do , we do have some projects th at are in the hun t and we will positio n ou rselves as well ao we can . We did have a call from DRCOG today and the y have some questio ns on one of the th ings we had in there were improve ment to bridge s an d they actually call ed and asked us so me questions about th ose bridges , so , I don't know if that is good or bad Bu t that is the latest of that process . Englewood City Council February 17, 2009 Page 11 • Coun ci l Member Mccaslin said I ha ve a quest io n about th e Publ ic Hearing . What , you sai d you subm itted some of t~.e projects , cor rect ? Mr Kahm said that's right. Mr . Mccasl in sa id and then they approve them ? Mr. Kahm sa id they post the pro jects . they th ink they were do ing that today . Mr. Mccaslin sa id okay , they post them . Mr . Kahm sa id and then tomorrow night they finalize •h ei r prioritization process ... DR COG . Mr. Mccaslin sa id okay . Mr. Kahm said this is the TIP process . by the way , th is is the process we go through . We have three years whether ii was TEA-21 , !STEA , SAFTE-LU ; where we send projects to DRCOG and they have prioritizat ion and that is how we got the bridges that we are building right now . through that process . Counc il Member Mccaslin sa id and the pub li c, once th ey are approved then the public comes in and gives you comment on ... Mr. Kahm sa id yea , they sa y March 4th is the Publ ic Hearing and they are going to select projects and accrue the lis t. So what they are really doing is there accelerating the TIP process that normally would have taken about six or eight months , into about two weeks . He said with that In mind , we have confidence that if we have projects that are selected , one of the concerns that I've always had is that the next step is then you ha ve to have an IGA with the Department of Transportation . We have never gotten one of those in less than a year. It has been a lengthy process but if they can do the TIP selection process in two weeks , I'm assum ing they can get an IGA process relatively qu ickly . I noticed when the State came to us not to long ago and they amended the IGA for the Dartmouth Bridge , that didn't take a year . That took about three weeks so . Things can move faster if they want , so I th ink if we can get a project selected , we can meet the deadlines of December and get It built . Council Member Oakley said I want to thank you Ric • • "loving forward with this as qu ickly as you have . I think it was the last Council meeting that I needed all . n~lp I could get in keeping up with th is. I knew they were go ing to send out a call for bid but , aga in, I knew it was going to be such a small part. I will be attending the meeting tomorrow night and I will attend any spec ial meetings thereafter, but the information I will be rece iving will be general in nature. Probably what will happen at the Public Hearing is there will be certa in • projects sponsors that will show up , like the hospital campus that is being built on east Aurora . They want to build an interchange to get Into that , which is going to take a tremendous amount of money . So it will be the big projects that will be there lobbying at the Public Hearing . And if I can glean enough information to pass on to Rick , I will , but I will be attend ing and do what I can . Mayor Woodward said I have a question and maybe this Is for Mike regarding the U.S. Mayor's Comm iss ion . When we are talking about our different ... that was not go ing to be handled through DR COG , was ii? Deputy City Manager Fleherty sa id ·t1ell that depends on how the legislation was written . There is an amount for io frastructure that's in !hat and we have a request into the US Conference or Mayors but from what I have rea d ,n the publication from that organ iza t,on , is tha! the actua l selection of prizes will be based on the CHIP and STIP process that COOT handles . So with regard to the Infrastructure projects , that pot of money is going to go through the State process . Howeve r, there were a total ten categories , only one of which was infrastructure and I th iok we had projects in an add itiona l fo ur categories that we had submitted through the US Conference of Ma yo rs and at this point . I have no in d,cation o' where we stand on any of those . Council Member Oakley sa id just from what I hav ·sad , I believe we hung ou r hat up on the right mc ve there , going through the Metro Mayors because they ha ,c Jeen getting some spec ial recogn ition aside from \he othe r stuff go ing th rough DRCOG . I think that ii is go ing to be separate monies . And I th ink we were on e of onl y sixteen citi es that applied in Colorado . Does that sound right? Mr . Flaherty said I thin k that is right , Wayne . Mr. Oakley sa id and so we were . we already hit the curve !h ere as far?.: a lot of cities in the State of Colorado are . So if there is any mo ney forth coming , I think Staff did a real good job of gett ing us in on that. Mr. Kahm sa id I would like to po int out that , you know, the overall bill ls for 887 bill ion r.ollars and the infrastructu re is only 27 and a half million dolla rs ... so ii is a very small percentage . The State of Colorado is anticipating gett ing about, will be happy to get al.out 500 ... 1 think they are going to get 320 mi lli on or so . But there Is a :01... I followed it, NLC ,.,11 a newsletter out this morning that broke th is down pretty good . And at • least counts for out of 787 milli on, ii counts fo r a couple of hundred bill ion . I don't know wh ere the rest of ii goes . City Manag er Sea;: s11id an yway , we jus t wanted to inform Counc il and Rick has reall y been on top of this . as has Mike , so I ap p:f"', 'ate it. I know that Wa yne , through DRCOG , ha s reall y help ed fol low tha t. We are al l Englewood City Council February 17 , 2009 Page 12 wo rk ing as a team do ing lh e besl lhat we can . We will let Counc il know j ust as soon as we find out any more • information . Coun cil Member Oakley said I hope we will have some more dialogue in Wash in gton , D.C. with the Metro Mayors . (c) City Manager Sears sa id we listed Ap ril 27 " on the calendar that's ... John , Jim and I talked about that. Just want to note that we will come back to that , it is a potential Counc il Retreat , possibly it is a Monda y night meeting maybe starting earl ier in lieu of a Saturday . We will come back to that. I just wanted yo u to take a look at that at that date . The 13" or the 27", we are going to our Retreat on one of those nights and we want to try to set that up , so we will come back to Council . (d) City Manager Sears said I e-ma il ed the Cou~oil . We 've gotten a letter from a lobbyist that indicated that there is a bill In the house that Is regarding , House BIii 091152, that is up for cons ideration tomorrow morning . We just got word about this last week and apparently Arapahoe County and the Sheriffs Department has taken a position of opposition to this . I don't have a confirc,ation of that. This just kind of came across last Friday and I contacted CML but th is is really not on their list. I didn 't have a good conversation with their staffing person that the legislature would put th is with the other legislation . I didn 't get into much detail but again th is bill is in regard to slot machines , types of machines that are be ing considered for Red and Jerry's. Also for the Arapahoe County racP track . And the opposition was on that these machines may appear to be similar to slot machines and that may create an increase focus or Increase Interest in some gambling . Th is is, 1 think , go ing to the Finance Comrn iaee . II is at the very beginning and I just wanted to lflt Council be aware that it is there. We will do some more follow up if we find out something happening in that regard and let you know . Counc il can either take an action to support or not , l~is bill , because you may hear about it because of the loc,it ion of Red and Jerry's that that was important so that you can at least be aware of it. It is House Bill 1152 . II i,i Sonnenberg and the Senate sponsorship is Toc :,trop . I wish I had further information about it but I will and I don't at th is point in time . We will keep you posted on that go ing forward . 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Cour.cil. 15 . Adjournment The meeting adjourned at 8:36 p.m. • •