HomeMy WebLinkAbout2009-04-06 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY , COLORADO
Regular Senion
April 06 , 2009
1. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Woodward al 7:37 p.m
The ,nvocation was given by Council Member Mccaslin
3. Pledre of Allegiance
The Pledge of Alleg iance was led by Council Member McCasl1n .
4. Roll Call
Present:
Absent:
Council Members Jefferson . Moore . Penn , Oakley , Mccaslin, Wilson ,
Woodward
None
A quorum was present.
Also presen t: City Manage r Sears
City Attorney Brotzman
Depuly City Manager Flaherty
Deputy City Clerk Bush
City Clerk Ell is
Dir,1.::tor Fonda , Utilities
Director White , Community Development
Horticultural Spec ialist Barton . Parks and Recreation
Fire Chief Pattaroui
Deputy Fire Ch ief Stovall
Police Commander Condreay
5. Consideration of Minutes of Previous Se11lon
(a) COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED ,
TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARCH 23, 2009 .
Mayor Woodward asked if there were any corrections or modlficat,ons There were none.
Vote results:
Motion carried .
Ayes : Council Members Penn . Mccaslin, Moore . Woodward , Jefferson ,
Wilson . Oakley
Nays: None
6 . Recognition of Scheduled Public Comment
(a) William Bill s, an Englewood residenl, sa id I would lik e to tal about ke eping my boat al my
house. I have no back yard access or room to put my boat In my ba ck yard This has not bren a problem up
until las t yea r as long as we followed set rules that promoted respons ible ownership and pu ,1ishmenl for
Englewood City Council
April 06 , 2009
Page 2
irresponsible owners . We live in an area bordered by indu stria l areas on the east and south sides and Denver
on the west and nort h ... Dartmouth to Evans and Tejon to the Platte River. There are only two alleys in this
whole area . There are O\'er a hundred homes . ma ,·y townhouses like mine . with this same problem . I was
ticketed in the fall for ha ving my boat parked in my front driveway . So , we put the boat in storage . Smee then ,
my wife has lost her job and the expense is getting to be to o much. I do not understand what happened to the
rules that were allowed to property owners without back yards or access the same rights as other property
owners in Englewood . As you can see by the pictures , I have a large dr ivew ay with more than enough room for
parking that will not block th e vie w of cars or people using the sidewalks or the street. People in this are a need
to be able to keep one off-road vehicle on their property , because of high storage cost and the same as all other
Englewood residents with access to their back yards . I would like to see a se t of rule s set up to promote
respons ibl e ownersh ip in these cases with no back yard access . Unt il this is resolved , I would like to at least
bring my boat back to my yard without be ing ticketed . Thank you .
Ma yor Woodward said \hank you .
Mayor Woodward sa id typically , at th e en d of the meeti ng und er Council Member 's Choice , we will address th is .
if someone wants to add res s it. I know I have some things I would like to say regarding this . Thank yo •,.
Mr. Bills said thank you .
7. Recognition of Unscheduled Public Comment
(a) Ba rry Sh ields , an Englewood bu sine ss property owne r, said Honorable Mayor and Counc il
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Members , I ow n a piece of property at 4450 South Windermere Street with four other people . It is a four acre
piece of property along the ra ilroad tracks , down th ere between Quincy and Tufts . We have owned this property
since 1986 . We rent th is property out by the square foot at the present time . In October of last year , we noticed •
the company to the south of us , which is Garmat. Garmat is a compan y that puts in pa int booths . They are to
the so uth of us and they were putting up a large metal building . I didn 't see a dra ini ng system on it and the
reas on that we inquired abou t that is because we have poor drainage down th ere . So I came down to the
Englewood Building Department to look at the plans . I was told that t!I is new build ing had a full gutter system
and the water would go out to NavaJO Street. I also as ked about a se:back on property lines and was told that
that wasn 't needed in ind ustrial areas and sites , and sometimes not in downtown businesses 1n Englewood . In
November . Lefever Construction Company , who was putting up the metal build ing , came over and asked if the y
could remove our fence for a few days to finish putting up metal sid in1, the new building . We sa id oka y. I
called two weeks later and asked why the fence wasn 't put back up . Lefever called me back and asked if the y
could just attach the fence to the building . They sa id there wasn't enough room to put the fen ce back up . At
that time . I came back dow n to the City Building Department and took a loc i< at the plans aga in . At this time . I
meet with Lanry Nimmo of the City of Englewood . Larry , in looking at the plans , said tha t there sho uld be 9
inches from th e property line but he agreed to meet me at the site and to take a look at it. After looking at it , he
said the bu ilding was over the property line . if our fence was correct. I sa id that we had a survey on our property
and our fence is setbac k 4 to 5 inches inside the property line . Larry , I guess at this time , too k II from there and
put a stop-order on the building . And . that is basicall y where we are at this time and that was from las t
November . Garmat tIid a surve y after th is and I think it was requested by the City of Englewood that they get a
survey , and the y confirm ed that they are over the property line by 9 1/2 or 10 inches . If :hey were supposed to
be 9 inches from the property line and the y are over by 10 inches , it looks like to me that is somewhere about a
19 inch mistake . I have a couple of quest ions . How can the City give perm ission to put up an illegal bu ilding?
That is you gu ys , how do you do It? If you are the only entity that can give a permit to buil,. a building on a
piece of land , you should be responsible of do ing it right. How can two separate companies , a cement company
and a building company ... these are two separate companies at different times , submit and get okay plans to
build a two-story building . 150 foot Ieng , and the y have no Idea where the property line is? Your commercial plan
review on this si:e plan st inks . The com pan y need s to provide a site p:on that shows dimens io ns reflecting the
distan ce to propert y line s. Th is has to be done , according to you , to process the perm it accurately . This wasn 't •
done and the City okayed it anyway . Also , your Building Departmen t states that their Inspec tion serves two
main purposes and the second purpose is to verify that th e actual work is being done as shown on th e approval
plans . The approval plan shows It sho uld be 9 inches back from the prope .1y line . Bu t still , the project got bu ilt
10 mc he s over . I don 't know ... you have inspectors , I guess Th is agre eme,,t was between the City of
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Englewood City Council
April 06 , 2009
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~nglewood and lhe compa ny . Garmat. It was nol with me . It wa s no l with my other own er s. Nobod y asked us
what was go ing on . Nobod y asked us . We had full surveys wilh plans on our property . Nobod y asked us abou t
it. Now . lhe City says , we need to work something oul with Garmat. It may be a civi l matter between Garma t
and me . I do nol wish to get into th is agreemen t. This was an agreement between you and another compan y.
It wasn 'I with me . And I do not wish to sell any land al lh is lime . and ne ither does my other owners . The y wish
thal this would just go awa y. Th is lan d is a subd ivided piece of land th at we have . We have ten lots on that
land . These are narrow lots that are to the north of the Garmat build in;. Right now . we re11t tha t out to a
company and they park trucks and trailers and they bac k up to the fence . Well now , lhere is no fence . so the y
are bac ki ng the trailers up to this raw metal bu il ding that is on our property . I th ink the City is very negl igent in
not requiring an ex ist ing or at least a new surve y, on property line construction . The City of Aurr;ra doesn 't even
let property line construction go anymore ... they won't even do it . The Cit y of Denver requires it, so I'm
wondering why it isn't a requirement in Englewood . All the cities that I called require a prope rty line to be shown
on a site plan . You guys did not. Now . six months later . we slill have water running on our prope rty from th e
Garmo t building that has no drainage system put up be cause of the stop-order put on ii. I would like to know
what I have to do . or how long I have to wait , before the Cit y wou'd take charge , and do what the y didn 't do to
start with and either have th em move . have that bu ilding set back a foot , or tell them to ta ke the bu ild ing down .
It is not doing me any good . They 've got an expens iv e bu ild ing over th ere that they c.sr. t use . And now I th ink
the City of Englewood has done someth ing because I came in about two weeks ago and talked to the Bu ildin g
Department and now Garmat has called me , wanting to talk to me and set up some meetings . I don 't see in
today 's society how in the world someth ing like this could possibly happen . I looked at the plans toda y. The
north side of that bu il din g has no property line on ii. It just shows our existing fenc ~. whic h is 4 inches bac k. So
who do I talk to with the City to find out when they will do something about that buil!Ji ng? I do not wish to be
inside th is agreement whatsoever. But that is on my property and it will come dow n. ~ithe r I will forc ibly la ke it
down or you guys can take it down , bul it will come down . Who do I talk to on that ? And when will they get
back wilh me? I'm done . It's your IUrn .
Ma yor Woodward sa id thank you .
Mayo r Woodward sa id aga in, this is a presenlation to Council an d responses will be addressed later . We will
address it under Counc il Member's Cho ice .
Mr. Bills said do I hear a time? Council Member Jefferson sa id towards the end of the meeting . Mr. Sills sa id
okay , thank you very much . Cou nci l Member Jefferson said thank you .
8. Commun ication&, Pro clamations and Appointments
(a) A proclamation declaring Apr il 17 , 2009 as Arbor Day was cons idered .
COUNCIi . MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE A
PROCLAMATION DECLARING APRIL 17 , 2009 AS ARBOR DAY .
Mayor Woodward asked if the re were an y commenls .
Mayor Woodward said I j ust want to mention tha t as stated in th e Proclamat ion , the Cit y or Englewood ha s been
recognize d for 24 consecutive years as a Tree City US A by The National Arbor Da y Foun da tion . So if lhere Is
no othe r discuss ion , please vote on th e procl amation .
Vote results :
Ayes : Counc il Members P-~nn . Mccaslin , Moore , Woodward , Jefferson .
Wilson , Oakley
Na ys : Non e
Motion carried .
Hort ic ull ural Spe cialisl Jerry Barton of Par ks and Recrealion accepted the Proclamat ion . He sa id fo r ou r Arbo r
Da y celeb ralron . we ar e doi ng a lree plant ing demonstration over al Charles Ha y Elementa ry Sc hoo l and I've
also gol Matt Ma yo with the Preservation Tree Care Compan y, who will give a climbi ng demon slra lio n fo r the 54
Englewood City Council
April 06 2009
Page 4
second graders . The y are go ing to be participating in th is and we will be giving out little Blue Spru ce seedli ngs
to each of the students . And then the Saturday before , on the 18th, at Centennia l Park , we will be doing our tree
giveaway with 60 different varieties of trees !n No, 5 containers . That will be a first come-first serve basis to the
cit izens of Englewood .
Mayor Woodward sa id that is on the 18th at Centennial ? Mr. Barton said yes , on the 1 B" from 8 a.m . to Noon at
Centennial Park .
Council Member Penn sa id Jerry, the Charles Hay tree planting 1s? Mr. Barton sa id that is from 12 :30 p.m. until
probably 2:30 p.m., we hope . Council Member Penn said wha , date is thal again? Mr. Barton sai d that was
Monday, April 20".
M&yor Woodward said great, thar•k you . Various Council Members thanked Mr, Barton ,
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considered,
A proclamation declaring April 26 to May 2, 2009 as National Crime Victims' Rights Week was
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE A
PROCLAMATION DECLARING APRIL 26 TO MAY 2, 2009 AS :-lATIONAL CRIME VICTIMS' RIGHTS WEEK .
Mayor Woodward asked if there were any comments . There were none .
Vote resulte:
Ayes :
Na ys :
Motion carried .
Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson, Oakley
None
Police Commander Gary Condreay accepled lhe Proc lamalion . He said thank yo u very much.
9. Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submitted fo r approval on first read ing . (See Agenda Item 11 .)
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I) and 9 (c) (I).
Vote results:
Motion carried .
Ayes : Council Members Penn , Mccaslin, Moore, Woodward , ,, ,~erson ,
w,;-;on . Oakley
Na ys: None
(b) Approval of Ord inances on Second Reading
(i ) ORDINANCE 1\'U. 7, SERIES OF 200g(C OUNCIL BILL NO . 8. INTRODUCED BY
COUNCIL MEMBER McCASLIN )
AN ORDINANCE AUTHORIZING THE REDEMPTIOM AND SALE OF PROPERTY ACQUIRED THROUGH
THE HOUSING REHABILITATION PROGRAM LOCATED AT 290 EAST BELLEWOOD DRIVE IN THE CITY
OF ENGLEWOOD, COLORADO .
(c) Resolutions and ;vlt,tions
(i) RESOLUTION NO . 35 . SE RIES OF 2009
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Englewood City Council
April 06 , 2009
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A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR THE PURCHASE OF PERSON AL
PROTECTIVE EQUIPMENT FOR THE ENGLEWOOD FIRE DEPARTMENT INSTEAD OF THE COM PETI TIV E
BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER.
Vote results :
Motion carried .
Ayes : Council Members Pen n, Mccaslin , Moore , Woodward , Jeffe rson ,
Wilson , Oakley
Nays : None
10 . Public Hearing Items
No publ ic hea ri ng was sc heduled before Council.
11 Ordinances , Resolution and Motions
(a) Approval of Ordinances on First Reading
(I) Director White presented a recommendation from the Community Devel opment Departmen t
to adopt.; bill for an ordinance authorizing an Intergovernmental Agreement with the Reg iona l Transportation
District for the art shuttle cost-sharing . He said th is is a Council Bill to autho riz e an Intergovernmental
Agreement with RTD to continue operation of the Art Shuttle . As you are aware , last year we also entered into
an IGA with RTD to continue the operation of the Art Shuttle . Wha t the IGA stipulates Is that we will reimburse
RTD with an amount equal to the local fare box revenue that is lost , which would have been collected had fares
been collected for the riders on the Art Shuttle . These are riders that don't have a transfer or a pass to use on
RTD faciliti&s . The amount of compensat ion is determined by a survey that is done by RTD of the riders on th e
Art Shuttle in March 2008. It was determ ined that the lost fare revenue would amoun t to $70,713 .00 for the
ca lendar year 2009. No other aspe cts of the operation of the shuttle will change as the result of th is IG A. The
operation will still occur Monday through Friday from 6:30 a.m. to 6 :30 p.m. We are recommend ing approva l of
a bill for an ord inance and will be back on second reading . Al that time , we will also have th e contract with the
actual operato r of the Art Shut.ie, which is First Trans it. The y are the ones that actuall y provide the service to
us and RTD does reimburse us for the costs of operating that shuttle less the lost fare revenue . With that , I will
con clude my presentation and will any quest ions that you may have .
Mayor Woodward asked if there were any questions .
Mayor Woodward said I know that it states in your commun ication but just for the record , the $70,713 .00 was
included in the Community Development Department's budget for 2009 and appropriated? Mr. Wh ite sa id yes ,
tha t 1s correct Mr. Woodward sa id okay .
COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED , TO APPROVE
AGENDA ITEM 11 (a~ (I) -COUNCIL BILL NO . 9.
COUNCIL BIL L NO . 9. INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMEN T ENTITLED
"AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR TH E AR T" BETWEEN THE REGIONAL
TRANSPORTATION DISTRICT (R TD ) AND THE CITY OF ENGLEWOOD , COLOR ADO .
Mayor Woodward as ked if there was any further discussion .
• Council Member Moore said I just think it is worth noting thal the ridership is impressive . To see that from the
average for 2005 of 14 ,800 riders a mont h and every year ii keeps increas ing ; from December 2007 , moving
from 17,000 to 19 ,000 , and then 2009 is off to a roanng start , clearly proving to be an increasingly popu lar
service . They are impre ssive stats .
Englewood City Council
April 06 , 2009
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Mayor Woodward said I jusl want to second that. I get so many comments from people regarding the Art
Shuttle . Please don 't let an yt hing happen to the Art Shutt le . So these numbers . when I was looki ng at them ,
they are just amazing that every month , it seems like , the y continuously go up . I th ink it Is a real service to a lot
of people : workers and sen iors and students .
Mayo r Woodward asked if there were any other comments . There were none
Vote results :
Ayes : Counci l Membe rs Penn . Mc caslin , Moore , Woodward , Jefferson .
Wilson , Oakley
Nays : None
Motion carried .
Director White sa id thank you .
(ii) Directo r Fonda presented a recommendation from the Ut ili ties Department to adopt a bill for
an ord in ance authoriz ing the "First Amendment to Connector's Agreement Sewer Contract No . s· between
Southgate Sanitation District and the City of Englewood . He said we have Connector's agreements with all of
our sanitation districts and a number of them will be expiring . Southgate 's will be expiring later th is year and we
have worked out . with the legal department , th at th is will be fine to extend it for the same period that we had it
before . wh ich I believe is 20 years . We are adding , to all the new ones , a provision that brings it in line with the
TABOR requirements . Other than that , it is identical to the one that we have been us ing for the last 20 years
with all the connector districts . So , we would recommend that we continue the contract.
Mayor Woodward asked if there were any quest ions . The re were non e.
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER OAKLEY SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (II)· COUNCIL BILL ND .10.
COUNCIL BI LL NO . 10 , INTRODUCED BY COUNCIL MEMBER McCASLIN
A BILL FOR AN ORDINANCE AUTHORIZ ING THE "FIRST AMENDMENT TO CONNECTOR 'S AGREEMENT
SEWER CONTRACT NO . 8" BETWEEN SOUTHGATE: SANITATION DISTRICT AND THE CITY OF
ENGLEWOOD .
Mayo r Woodward asked if there was any discuss ion . l 1 • ~ was none .
Vote results :
Motion carried .
Ayes : Coun cil Members Penn , Mccaslin. Moore Woodward , Jefferson ,
Wils on , Oakle y
Nays · None
Mayo r Woodward said thank you Stu .
(b) Approval of Ordinances on Second Read ing
There were no additiona l items subm itted for approval on second reading . (See Agenda Item 9 • Consent
Agenda .)
(c) Resolutions and Motions
(i ) Director Wh ite presented a recommendat ion fro m the Community Development
Department to authorize , by motion , the use of City-owned property at 3415 South Broadwa y to conduct a
Farme rs ' Market He sa id staff is presenting and recommend ing appro val of a mot ion to authorize the Chamb er
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Englewood City Council
April 06 , 2009
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of Commerce to conduct a Farmers ' Marke t on property the City owns . It fronts on Broadway and its address Is
3415 South Broadway . We have included In your packet the applicat io n and letter from the Chamber of
Commerce making the request to the City . We are cucrently process ing a tempora ry use permit, which is
required for this particu lar land use applicat ion . The Lnified Developmen t Code also requires that when an
applicant is not an owner of the property , that the permiss ion from the property owner to conduct that land 's
activity be sought. And so that is why we are in front of you tonight, requesting your auth orization to the
Chamber to conduct the Farmers ' Market on th is property . The Farmers ' Market will also be conducted on
property owned by the Urban Renewal Authority and they considered th is request on March 11 '". They
authorized the use of URA property with several conditions and we are recommend ing that Coun cil autho rize
the use of City owned property with three of the four conditions that URA recommended . Those would be : 1)
that the City be named as an additional insured on the insurance policy that covers the event; 2) that the
property be cleaned after every Saturday event when the Farmers' Market is be ing conducted ; and 3) that the
property be returned to its original condition upon the co nclusion of the even t in October , should an y
modifications out of the ord inary happen to the property . With that , I will conclude my presentation and answe r
any questions that you may have .
Mayor Woodward asked if there were any questions .
Counc il Member Mccaslin said what is the venue for publicity fo r the Farmers ' Market ? I think it is a grea t idea
but who will be do ing publicizing and so forth for the Farmers ' Market?
Council Member Penn sa id that would be the Chamber of Commerce . They will be doing all the adve ril sing .
We have a banner going across Broadway that we have already appl ied fa ,. There will be posters throu,;hout
the City of Englewood and we will also send out flyers to all the citizens .
• Council Member Mccaslin said I think it is a good idea . Thank you , Alan . I appreciate it.
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Mayor Woodward asked if there were any other questions for Alan . There were none .
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) -THE USE OF CITY OWNED PROPERTY AT 3415 SOUTH BROADWAY TO
CONDUCT A FARMERS' MARKET .
Mayo r Woodward asked if there was any rurther discussion or commE:1 ~.
Council Membe r Wilson said I just think it Is going to be a great ve nue and a great place to ha ve it. Englewood
has needed it for a long time . So thank you to the Chamber .
Council Member Jefferson said it is a great use of the space that we haven 't been us ing as wel l so it's fantastic
Council Member Penn asked before we show the votes . Gary , do I need to abstain since I'm making the
application . City Attorney Brotzman replied no , since you don 't have a finan ci al interest in this .
Mayor Woodward said I would just like to second what Jill had said . I was talk ing to . and I don 't remember wno
it was , over at the Gala ... the Chambers ' Gala last wee k regard ing the Fa rmers · Market and it is starting on Ma y
2nd . What kind of food could they have other than lettuce . spinach and that so.' of th ing? And it was interestin g
to hear that they actu all y have ... some of these farmers have green •,ouses and are growing numerous types of
things so it sounds like there 's going to be quite a variety . I'm happ) to say too that a number of years ag o, th e
Farmers ' Market was defined as agricultural products and produce so I think they should be very successfu l and
I look forward to it.
Counc il Member Penn said I think of a couple of extra th ings . The people tha t are running the Mazzett i Farm s .
they will be kind of coordinating that with the Chamber. The ir vendors are only allowed to br ing consumable
items . We do have five Chamber tents that will be afforded to businesses . non -profits , schools . or organizat1on s
that want to come in and they will be able to : #1 Iust share their 1nlormation and the ir product or the y will also
sel l it too . So the only non-consumab'e items will be in th e Chamber tents .
Englewood City Council
April 06 , 2009
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Ma yor Woodward asked if there were an y other co mm ents or d1sc uss 1on. There were none
Vote results :
Ayes : Council Members Penn , Mccasl in, Moore . Woodward , Jefferson .
W ilson . Oak ley
Na ys: None
Mo tio n carried
12 . General Discussion
(a) Mayor's Choice
(i ) Ma yor Woodward sa id the Lion 's train ... hopefully you saw th e letter in ocr packet about
th e Lion 's train down at Bel leview Park . We wil l be discussing th is next week at the Study Session . Be ing a
member of the Lion 's Club, I had d lsc"ssed it with the Pres id en t of the Lion's that it's not po ssib le for us to
respond with in thirty days , as he woulo ·e it. II is a litt le more d ifficult than that. hav ing to do an ordinance . So
anyway, we will have that discussion ne xt week. The Parks and Recreation Commission will be having it at their
meeting on Thursday evening .
Council Member Jefferson sa id your honor. ju st a quick question fo r you . He asked if they were und erstanding
of that time frame . I assume. Mayo. Woodward responded yes . Council Member Jefferson asked are they
willing to work with us on the time frame . Mayor Woodward responded yes . He said they are very supportive of
the City havin g It. It is someth ing that the club, as it gets older ... it's just more difficult for the club to be taking
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ca re of it. As membersh ip has dwindled , as service clubs have over the years, ii just has become more difficult. •
Council Member Jefferson said I appreciate that. He said I assumed the y would be but I just wanted to double
check . Mayor Woodward said that train , at least from our reports , meaning the Lion 's Club's report, is in good
condition . The trestles are in good cond ition . The track is in good condition. I think the City , in our discussion .
obviously will do its own reporting Council Member Penn said I lh;nk the Mayor wi ll make a great conductor.
Mayor Woodward said yes , I have noth ing other to do in the summer and would love to do that.
(ii) Ma yor Woodward said I would also lik e to remind everybody that th e National Le ague
of Cities summaries of the classes and workshops that we participated in , please try to write something down or
at least have some sort of notes to share w itn the group at our Study Session ne xt week.
(iii) Mayor Woodward sa id to Mr. Bills , I'd like to mention that, and I th ink I had mentioned
to Mrs . Bills on the telephone, that we are ha vi ng this as one of our Study Session items next week so we will be
discussing access relating to backyards where there aren 't alleys or other types of access . Where, for example ,
you have or appear to be five feet from the propert1 line and un less you put a ho le through you r house , you are
not poing to get back there . So , we will be addressing tha t and having discussion at our Study Session next
wecK
(i v) Ma yor Woodward said I wanted to mention also that the Englewood Chamber Gala at
City Ce nter last Tuesday was reall y a positive experien ce . II was held out in the atrium area and in the
Comm un ity Room I think Randy you were the man in charge and I think you had approxi mately one hundred
twent y people the re , something like that. All I heard was very positive fee dback . We did have our sis ter city
guests, in cl uding the Burgermeister Berna rd We ll mann , who is the Mayor of Belm , Germany and his wife
lrmh lld , Bernard 's brother Fritz and his wife Iren e. They were here on vacation and were able to attend . I th ink
everybody had a real ly good time and appreciated the Hawa ii an festivities .
(v) Mayor Woodward said I would also like lo rdquest, I guess for all of us and Mr. Shields ,
information on the problem with the build ing permit. I know that you mentioned that app rova l of the Illeg al
building. I guess we will ask Gary fo r information fnr all of Council . I've heard just allttle bit of it. I don't kno w it
all completely . I would agree that a site plan th at has a survey ce rta inl y would be typica l and al least in my
experience . a ce rt ified survey from whoever is bu il ding ... tha t's why you have cert ified surveyors 1 wo uld think
that certainly tha t builder or tha t prope11y owner ought lo have a survey Bui aga in, I ask Gary for !h e
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Englewood City Council
April 06 , 2009
Page 9
background on that to provide from staff . from the Building Depanment , and from th e Development Review
Team so we all have th£ i,format1on so we can know wh at we are dealing with there . As far a~ a timetable .
~now we 'll ge t that probsaly right awa y.
Mr. Shields spoke from the audience . He said there is one thing that I'd like to know and that is that the y are
doing so meth ing about it. It's been several months now. I know that Gary is wo rking on it. I know that the
Bui ldi ng Depa rtment has worked on it.
Mayor Woodward said I understand the frustra tion and I can 't answer that right now because I don 't know but
we will ce rta inly , when we get it in our packets , be bac k in touch I th ink . You 'll know what is going on wilh tha t
Again from the audience, Mr. Shields said so I should know by next week then Gary?
City Manager Sears sa id there is a build ing perm it issue by an approved set of plans , with a stamped approva l.
You 've reviewed the material at the Building Department and it is my understanding that we will prov ide City
Coun cil with the information as to exactly where the process is . There is a stop work order on that building al
th is po int in time . There is also an attorney involved that was on the letter that you forwarded so there is some
legal informat ion that I think Council needs to be aware of . But we will , under Dan 's direction or with Dan 's
approval , provide informat ion to the City Council as to where the status of the issue is at this point in time .
Council Member Wilso n said excuse me . Lou needs ... City Clerk Ellis sa id the gentleman needs to speak into
the mic rophone . We are not sure that we are pi cki ng him up on the recording . Council Member Wils on sa id so
if anyone is talking from the aud ie nce , they need to come forwa rd to the microphone .
Mayor Woodward said okay . To summarize what Mr. Shields said , for the record , was that he would lik e to
have a timetable as to when he could expect a response and whether that would be ne xt week or not . That is
what Gary was addressing . Is that accurate ? Mr . Shields said yes sir. Mayo r Woodward said that was
affirmative .
Mayor Woodward sa id that is all I have and I will move it oo to Randy .
(b) Council Members ' Choice
(i) Council Membe r Penn :
1. He sa id thank you Mayor . The Bill s hav e known me for ever . I had all of their kids . I reall y believe tha t
we are bring ing this is sue back up and that there is ~n iss ue with no alley and no side acces s. Hopefully as we
continue lo go , we will find a resolution for you . As f,r as yo u being able to park ii th ere right now , you better
check .
2. He said Barry , this is the fi rs t time we have heard of it. Pl ease , I know this is redundan t, but please be a
little patien t with us and as soon as we find out as Counc il, we can go forward and make the decision and help
you and allev iate you from a prob lem that you shouldn 't have ha d. So please help us out by j ust being a little
patient again . I know you probabl y have heard that but if you do that for us . we would apprec iate ii and we 'll get
ba ck to yo u hop efully as soon as we can , with in the week .
3. He sa id lo everybody in th e City that helped with the Ga la, I want to sa y thank you . Gosh Gary , your
office , the two lad ie s there , did a tremendous job help ing us gel the forms , make sure we had all of the corre ct
permits and everyth ing . If you would just than k them fo r allowing us to have th e Gala in the City and for gu idin g
us thro Lgh all the processe s because I'm not use to do ing all of this . So a big huge than k you .
4. He said the Arbor Day hopefully ... ! will be there . I will help you . ei ther I can just stand and look good
... well maybe I can 't do that... but I will do whatever we :ieed to do over there . So I th ink tha t is a grea t da y and
so hopefully it continues to go
Englewood City Council
April 06 , 2009
Page 10
5, He said I know someone is going to bring th is up on the money that we are as ki ng fo r from the Cit y, for
the Gala sponsorship . I know Bob Is going to bring that up . I can address that to you . I gave you this othe r
information that you received two weeks ago and hopefully I ca n help you or direct you with that informat ion.
The Chamber is trying to go in a new direc tion We are as king for at least 10% less th is year than we t,ave ha d
in the past and if things go right , we can ask for 25 % less than we have had In th e past.
He said thank you and that is all I have .
Mayor Woodward said thank you Randy .
(ii ) Council Member Mccaslin:
1, He said this is the Chamber thing . I would like to make a mot ion if th is is th e proper time .
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
SPONSORSHIP FOR THE GREATER ENGLEWOOD CHAMBER OF COMMERCE 'S 2009 GALA EVENT ,
HELD MARCH 31, 2009 , IN THE AMOUNT OF S1 ,500 .00 .
Mayor Woodward asked if there was an y dis cussion .
Council Member Penn said I think the other thing with this is that I believe Community Development has helped
us in the past on this and if they do , whatever amount they help , we can reduce th is price and th en even our
asking price would be even less . Ho pefully we will find that answer out also . They have sponsored us in the
past for the amount of $2600 .00 aod the tota l City donation this year would be $1500 .00 , instead of $4100 .00 .
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Mayor Woodward said so it really is just a matter of its less money but where it is coming from . Council Member •
Penn said rig ht.
Mayor Woodward asked if the re was any discussion or comments .
Coun cil Member Moore asked if we could just confirm the source of the funding .
Several members sa id it was budge ted .
Mayor Woodward asked if there were any oth er comments . There were none .
Vote results :
Motion carried .
Ayes : Council Members Penn . Mccaslin, Moore , Woodward , Jefferson ,
Wilson . Oakley
Nays : None
Mayor Woodward asked anyth ing else Bo b. Member McCas ll n repl ied yes . a couple of things .
2. He said Friday , I and Randy and Jim and Wa yne attended the Tri-City bre akfast meeting with the City of
Littleton , the City ol Sheridan and Englewood an d basically , tha t's ... we meet...l don 't know how often we meet.
We met with the City Council representatives , mayors and so forth and staff and just talked about the various
issues between all three cities . In rea lly listening lo the other cities , I think Englewood is in pretty good shape .
Don 't hold me to the exact numbers but we 're look ing pretty good . Knock on wood lhal we continue lo grow and
to do what we are doing correctl y
3. He sa id secondly I would like to thank Tom Munds for the art icle about the Washington D.C. trip , All of •
these allega tions that are brought up about thes e parties and spending al l of this great huge amoun ts of mo ne y
when we go on these trips . I think Tom ... as the newspape r ,eported ve ry accurately , on about the educationa l
benefits and some of the th ings that you do learn from the other cities In this venue of Wash ington D. C. Tom .
than k you very mu ch for your article .
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Englewood City Council
April 06, 2009
Page 11
4. He sa id there 's anothe r th ing but I don 't know how to approa ch th is. We had a memorandu m that was
sent to us and , you know . the credibility is ... it is from an anonymous person about the new pol ice impact team .
They are ask ing about. if this new team comes about , what kind of representat ion as far as minorit ies and
women will be on th is pol ic e force . I really don 't know where to take th is. First of all . it is anonymous and I don 't
know what kind of request they 're ask ing for . If they want a Counc il request? Do they want to know the process
of how people are promoted ? How do they take classes? But if anybody would like to write me back , or let me
know, I would love to do a Council Request on this . Bui in this memorandum , it says this is an Issue that
bothers many of us in the community . Whew . I mean , this is the first lime I have heard about it. So if there are
a lot of people being bothered , I hope we don't let ii fester and all blow up at one time . Please let me know wh,t
you are looking for , and this goes out to anonymous .
(iii) Council Member Oakley :
1. He sa id I attended the Chambers Gala and I was very impressed with the festiv itie s. I had a good lime .
2. He said to Mr . and Mrs . Bills , I am sympathetic lo your problem . We 'll try to get something worked ou t
for you .
3. He said to th e gentleman with the property line problem , I live in tha, neighborhood and I watched that
build ing being built. It was built on an old railway spur line and I'm amazed that there could be an eighteen inch
bust In that so we'll see what the problem is . That's It .
(iv) Council Member Wilson said I would just like to thank the BIiis and the Shields for
coming to the meeting and talking to us . I think It Is always best when we hear what is going on and how we
can address it and how we can help you . So thank you .
(v) Council Member Jefferson :
1. He said for Mr. and Mrs . Bills . I just want to thank them for coming down . I, too . am sympathet ic . I
generally support the people 's right to support ... or to store their personal property on the ir priv ate property.
Hopefully we can do that but also minimize the impact on publ ic safety as well as the aesthet ics and other
community standards .
2. He sa id to Mr. Sh ields . hopefully we'll have some staff that will be responsive to you in communicating
with you go ing forward here on th is problem .
3. He said also on the Chamber Gala . I just wan:•Jd to congratulate the Chamber and Randy on a very
successful even t. Hopefully it is one of many to come . That's all I have . Thank you .
Mayor Woodward sa id I'm taking Mayor's priv ilege . I have one other item . I had mentioned at the Tr i-Cities
meeting that I had heard from one of our residents regarding a problem with sound coming from the Super
Target over in Sheridan , from the methane pump ing station . I shared that with Sheridan and Littleton Just
happened to be there so they got it too . It evidently is Just the level where the sound comes right from this
pumping station and hits this neighborhood and is quite loud al night. She was kind enough to fax me the
contacts that she has made . Th is was the first time I had heard about this , was last week . But she has
ev idently been work ing with different p•~~le from COOT , Super Target at Sheridan , and Targe t In Mlnr.eapol is .
In fact . they have even had an Industrial Hygiene Manager of Environmental Serv ices come out from
Minneapoli s. Douglas County . Sheridan , both Ray Sample and A.J . Krieger , the City Manager. But I want to
hand this to Gary to see what we car. do staff wise . It ts a certa in area and how we can facilitate those
ne ighbors in getting this problem taken care oi with Miller We ingart&n. They have not discussed it with MIiier
Weingarte n. They did nu kn ow about it. But it sounds like Target wants to have it ta ken care of . She has th e
names , phone r.•:mbers and ev~n has the quote s.
Englewood City Council
April 06 , 2009
Page 12
13 . City Manager's Report
(a) City Manager Sears said we'll do a follow up . That is an interceptor line that is owned by the
City of Littleton and th e City of S heridan . Mayor Woodward said this isn 't the sewer. Th is is the melhane
pumping station that is pumping from ... City Manager Sears said so this isn 't the lift station . Ma yor Woodward
said no . City Manager Sears said we 'll do a follow up ae d see if we can cross the boundaries there . Mayor
Wood ward said th is is pumping gas thro11g :1 a building . City Manager Sears sa id that was approved by th e City
of Sheridan Building Department so that creates a little bit of a difficult situation. We'll do a follow up on that.
(b) Ciry Manager Sears said the only th i ng that I have to add is tho, the Germans rea ll y did
app reci ate the Gala. They had a great time there . They appreciate the reception that the Council gave to them .
They have retumed to German y. It was a great event. That is reall y all that I ha ve .
14 . City Attorney's Report
(a) City Attorney Brotzman said there is one Agenda item which I need to move back two weeks ,
the settlement proposal fo r Montgomery vs. Tha City of Englewood . We have a handshake agreement on this
but while I was out on var.atlon , there was a little gl itch in the release language. So while we work that out. I
need two weeks . We'll just pu t it back on the Agenda aga in. I don't have anything else .
15 . Adjournment
MAYOR WOODWARD MOVED TO ADJOURN . The meeting adjourned at 8:29 p.m .
.q~
Deputy City Clerk
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