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HomeMy WebLinkAbout2009-07-06 (Regular) Meeting Minutes• • 1, Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Sea■lon July 6, 2009 The regular meeting of the Englewood Cily Council was called to order by Mayor Woodward at 7:38 p.m. 2. lnvocatlon The invocalion was giv en by Council Member Mccas lin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4 . Roll Call Present: Absent: Council Members Jefferson , Moore , Penn , Oakley , Mccaslin, Wilson , Woodward None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Cily Clerk Ellis Deputy City Clerk Bush Director While , Commun ity Development Planner Voboril, Commun ity Development Manager Stitt, Community Developmenl Direclor Eaton , Human Resources Deputy Chief of Police Collins 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE 7HE MINUTES OF THE REGULAR C•TY COUNCIL MEETING OF JUNE 15, 2009. Mayor Woodward asked if there were any modifications or correclions . There were none . Vote re■ults: Mot ion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 6. Recognition of Scheduled Public Comment • There were no scheduled visilors . 7. R~cognltlon of Un•cheduled Public Comment Englewood City Council July 6, 2009 Page 2 (a) Matth ew Crabtree . as Englewood res ident , sa id thank you. He sa id I'd li ke I" take a mo ment lo tal k about mone y, specifi cally Englewood taxpa yer money . In Ma y of th is year , fou r City employees attended the International Conference of Shopping Centers in Las Vegas , at a cost of $48 ,269 .00 to Englewood ta xpayers . With what appears to be the primary focus to marke t a property outside of the Clty ... Englewood City lim its , In Douglas County , Now that is just shy of $50 ,000 .00 spent on marketing a property surro unded by Highlands Ranch and Litt leton , when there are properties within the City of Englewood that are not receiving the same attention . With th is sizable amount of money spent , what was the purpose of th is tnp and what was the outcome ? How long will it take for the people of Englewood to see a return on this expend iture ? And most important , why was the cost of th is trip not discussed or voted on before the people at a City Coun cil me,•.ing ? Now , to receiv e th is information , two records requests were subm itted , taking a pe ri od of almost a week . Through these record s requests , I learned that the City of Englewood is operating a separate corpo,at ion that currently owns this land , For some reason , the costs associated with this corporation do not techn ically fall wit hin the Open Records Laws and do not have to be provided to the taxpayers , even though taxpayer money has been used to fund this corporation in the past. Now I ask why th is information is not readil y available to the people of Englewood , especially on the Internet. Why is it necessary to have to go through a legal process each time a taxpa yer wants to know how much money is be ing spent? Nearly every Council meeting , hundreds of thoosands of dollars are being voted on and almost always, a 7-0 vote , with no discuss ion . It is the right of the taxpayers to kno w where and how their money is be ing spent. It is time for the City of Englewood to put the entire line item City budget on - line , Not a summarized version , but a complete budget , including all expenditures , re venues , contracts , sepa rate funds ; searchab le and accessible to all people In the City of Englewood , Thank you for your ti me , I'll look forward to your response during Council Member~· choice . Mayor Woodward said thank you . (b) Rick Gillit, an Eng lewood res iden t, said I !Jst have two comments for th is evening . First off, I always love to give good comments when good commer,ts are due . Not everybody here knows , but my home is the place right on the Englewood/Belleview Park; the hr,me that everybody wants to trample over lo get to the park . I j ust want to than k the City of Englewood for what they did for us th is year. It was great to have such a great celebration for the fourth of Jul y, of our independence , Makes us proud to be an American , Makes us proud for our her itage . I want to thank the pol ice department ; those sergeants you had In charge there , on Saturday , did a phenomenal job . He was not only a good policeman , he was a good advocate for our City, and he helped a lot of people . I saw the police department really do ing well . We always hear negative about the pol ice , but the y did a great job , so , sir , would you please pass along that the citizens of the City deep ly apprec iated their efforts . Secondly , I always appreciate people serv ing and I al ways appre ci ate those serv ing publicly , I thank all of the Counc il for the ir commitment to the City . I have a concern about one of the nom inations this evening that we have for our City , It is regarding Jill Wilson . Jill Wilson is not only a Counc il member with qu ite a bit of power, but she is go ing to be voted on to be on the board of the Code Enforcemen t. don 't see separat ion of powers . As a citizen , I am somewhat concerned , I can 't wrap my head around wh y, in all Englewood , we can 't find somebod y that could have been in th is position but we need to put a Council member in charge of ':ode Enforcement. We already have a Code Enforcement officer alread y ass igned to Council. I th ink that that ,.; kind of stretch ing it, but I understand that But to have a City Counc il person also acting in a posit ion that a citi zen should be tak ing and not a Council person , reall y con cerns me , I would reall y like to hear a disc uss ion on why we found it neces sa ry , because I ha ve noth ing again st Ms . Wil son , I be li eve she 's don e a great job . My concern is, on Code Enforcement , if she is upset with somebod y tha t presents , what will hap pen? I'm con ce rn ed about the ram ifi cat ions of tha t. I'm not worried about myself , but I'm worr ied for others ... and jus t how ii lo oks. You know , it Is just like putt ing Barney Frank in charge of Fa nnie Mae , There should be som e separation somewhere . I'm not sa yi ng you 're not go ing to do a good job , but it doesn 't loo k right, doesn 't smell right , as someone sa id re cently . So I would ask tha t...l ~now ii ma y be to o late , but if there cou ld be some discussion prior to hers, I, as a citizen , would like to get some comfort in knowing why our Council person is elected ... I be li eve she may have been on a Counc il before or held that pos ition before , but surely as a Councilwoman , especia lly al-large , her position of grea t autho rity over Code Enforcement reall y concerns me Mr. Mayor. Than k you ve ry much. Ma yor Woodward sa id thank you . 8, Communications , Proclamations and Appointments • • • • • Englewood City Council July 6, 2009 Page 3 COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE AGENDA ITEMS 8 (a) THROUGH 8 (p) • RESOLUTION NOS . 43 THROUGH 58, SERIES 2009 AND COME BACK TO B(q), (a ) RESOLUTION NO . 43 , SERIES OF 2009 A RESOLUTION APPOINTING NATHAN BARRAGAN AS A YOUTH LIAISON TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD . (b) RESOLUTION NO . 44 , SERIES OF 2009 A RESOLUTION APPOINTING MARY BERGER AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . (c) RESOLUTION NO . 45 , SERIES OF 2009 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . {di RESOLUTION NO . 46 , SERIES OF 2009 A RESOLUTION APPOINTING BRIANNA CARF Y AS A YOUTH MEMBER TO THE PUBLIC LIBRARY B:JARD FOR THE CITY OF ENGLEWOOD , COLORAuO . (e) RESOLUTION NO . 47 , SERIES OF 2009 A RESOLUTION RECOMMENDING CHARLES CARTER FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (I) RESOLUTION NO . 48 , SERIES OF 2009 A RESOLUTION APPOINTING TAMARA EMMANUEL AS AN AL TERNA TE MEMBER TO THE Cl.IL TURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (g) RESOLUTION NO . 49 , SERIES OF 200 9 A RESOLUTION REAPPOINTING JEANNETTE ESPINOZA TO THE ALLIANCE FOR COMMERCE IN ENGLEW:.JOD (ACE ) FOR THE CITY OF ENGLEWOOD , COLORADO . 1h) RESOLUTION NO . 50 , SERIES OF 2009 A RESOLUTION REAPPOIN TING TEALEE HINGER TO TH E CODE ENFORCEMENT ADVISORY COMMITTE E FOR THE CITY OF ENGLEWOOD , COLORADO . (i) RESOLUTION NO . 51 , SERIES OF 20 09 I , RESOLUTION APPOINTING AMY JIRON TO THE URBAN RENEWAL AUTHORITY FOR THE CITY OF ENGLEWOOD . 0) RESOLUTION NO . 52 , SERIES OF 2009 • A RESOLUTION APPOINTING KAREN KENNEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (k) RESOLUTION NO. 53 , SE RI ES OF 2009 Englewood City Council July 6, 2009 Page 4 A RESOLUTION REAPPOINTING CHRISTINA KRUK AS A YOUTH r,:EMBER OF THE PARKS AN D REC RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (I) RESOLUTION NO . 54 , SERIES OF 2009 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURA L ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . (m) RESOLUTION NO . 55 , SERIES OF 2009 A RESOLUTION REAPPOINTING MARTY MOSMAN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (n) RESOLUTIOI\/ NO . 56, SERIES OF 2009 A RESOLUTION RECOMMENDING DIANE OSTMEYER FOR APPOINTMENT AS AN ALTERNATE MEMBER TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (o) RESOLUTION NO . 57 , SERIES OF 2009 A RESOLUTION APPO INTING DIANE OSTMEYER TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . (p) RESOLUTION NO . 58 , SERIES OF 2009 A RESOLUTION REAPPOINTING CAROLYNE WILMOTH TO THE EN GLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD , COLORADO . Mayor Woodward asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Council Members Penn, Mccaslin, Moore , Woodward , Jefferso n, Wilson , Oakley Nays : None (q) Player Woodward sa id , with regard to 8 (q), is there a motirn for approval of a resolution appoint ing Jill W1,son to the Code Enforcement Adv isory Committee? COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER MOORE SECONDED , TO APPROVE AGENDA ITEM 8 (q). RESOLUTION NO . 59, SERIES OF 2009 A RESOLU TION REAPPOINTING JILL WILSON TO THE CODE EN FOR CEMENT ADVISORY COMMI TTEE FOR THE CITY OF ENGLE WOOD , COLORADO . Mayor Woodward asked if there was any dis cus sion . • • Council Member Moore said I'll just ma ke comments that it is ... Coun cil members serving on boards do create difficult situatio ns at times . Often what has happened, is Council members have sat on boards or comm iss io ns before they j oine d Coun ci l and each Council member ... Council doesn 't have any set policies against co ntin uing to • serve on those boards and Council's disc retion has gen erally been to allo w Coun cil members to deci de if it is appropriate or not . We 've had specific discussions ab out Jill continuin g to serve on Code Enforcement. She believes it is appropri ate for her and so Council has not laken any action to prohib it that and so she • Englewood City Council July 6, 2009 Page 5 continues ... the motion tonight is to reappoint her , wh lc h I will continue to support , based on the ope n discussion that she has had with Council over the ye ars about thi ~ matter . Mayor Woodward sa id and I would like to state , as another person . who is an actual Council member that is appointed to a citizen board as a citizen . I was on this particular board , which was Parks and Recreation Commission , years prior to becoming ... being initially appointed to City Council . I was on a number of other boards and commissions , wh ich I did give up as being a citizen on those comm issions . These are ... you have ment ioned and I think ... l know that at least during my tenure on Council since 2004 , you have not been on a board or commission . And , if you had , you may know how boards and comm issi ons work . Jill is one voice on that commiss ion . She is not the cha ir. She Is nothing more than a voice . There is also on Code Enforcement. up to two Council members , that are liaisons from City Council to that board . wh ich ... information from the board or questions from the board can be directed tc. those liaisons and brought back . But during the past two years , we have gone through numerous discuss ions regarding , in Study Sess io n, Council members serving on boards and commissio ns. So I will also be supporting Jill's reappointment. Council Member Mccaslin said and I admire Jill for ... before she even ran for Council . she was on comm iss ions and boards and she was finding out.. She wanted to make a difference in Englewood . She was there when she had no Interest In running for Counci l. There are people who compla in and don 't de ao ·;'.hing about it. She was there befr,re she was on Council . I see a lot of people that... if you want to get involved . I would appreciate it. It is hard to fcul t somecne who wants to stay involved . I will be voting yes . Council Member Penn stated that I wi ll not vote for the reappointment for Jill , because we have had th is discussion many times . My comment though is Jill is very valuable on that committee . She does a , 'at job for us . But I have the same concerns in why we don 't have another citizen instead of her. I think Jill is excellent for us . I th ink . as Bob sa id, she takes a lot into co nsideration and does a good job for us on there . But my vote will • be no . Not because she can't do the job ; I think she does an excelle nt job. and is probably one of the best ones we have on Coae Enforcement. Counc il Member Jefferson said I will generally echo Randy's statements there . I have no doubt that Jill does a fantastic job on Code Enforcem ent. I just... I think it is a little bit redundant to have a Council person C'n an adversary panel who advises Council , when we ultimately are the seven here who get to vote . And j ust a po int of clarification ; folks who are on these advisory boards do have a vote on what the recommendation will be to Council , whereas the Coun cil lia isons to these groups do not have a vote and rather are simply a voice . So I will be voting no . Again , 110 disrespect to Council Member Wilson . I think she does a fantastic job in everything she does . I just think it is a little bit re lundant to have a Council member on there . Council Member Oakley said I gu r s I would agree with Randy and Joe in certain aspects of what they've ju st said . However, I could go either way on this subject given the explanation that was given for why they would want to serve on two different things . The only thing I would take ... not exceptio n exactly ... but I don 't believe that I, as one Councilman . weld that much power , because I am on e vote and each one of those are one vote on their comm ittee or one vote on Council and that is not exactly undue power It may be an explanation . it may be influence . but I don 't bel ieve ... power. So , I believe in th is one case , I will vote ye s. Council Member Wi lson sa id I just want to say that I was on that comm ittee pr ior to be ing on Council. I have been active in the City way before I was on Co un cil. Code was important to me on the safety and the looks and the appearance , and how the City was ta ke n care of. I am onl y on e vot~. It has n't seemed to be a problem with anyone on the committee . So . in fact . It has neve r been brought up . I separate myself from that , as far as being on Council . because I don't always vote with the ones that go ahead or that l ... people vote against what I th ink . I think it works well they way that it is . I also want to stay on Code after I am off Council and it is not so easy lo get back on a comm ittee once you are off. I appreciate everyone 's comments and thank you . • Mayor Woodward sa id I just want to make one more po int of clarification ... that the liaisons from City Council do not vote on all boards and commissions . Some do vote . Coun cil Member Jefferson said not Code Enforcement however . Mayor Woodward said pardon me? Cllunc il Member Jefferson sa id not Code Enforcement , however. Mayor Woodward sa id no , not Code Enforceme nt. but the·e are some that do . You sa id liaisons don 't, so this was just for cl arifica tio n. Counci l Memb er Jefferson sa id I appre ciate tha t. Englewood City Council July 6, 2009 Page 6 Mayor Woodward asked if there was any further discuss ion . Council Member W il son asked should I abstain . City Atto rne y Brotzman asked do you have a financial interest. Counc il Member Wil so n answered no . City Attorney Brotzm an sa id so you have no conflict. so you can vote on th is. Counc il Member Wilson said okay. Vo te results : Ayes : Council Members Mccaslin, Mo ore , Woodward , Wilson , Oakley Nays : Council Members Penn , Jefferso n Motion ,-:arried . Mayor Woodward said I am going to present the cert ificates and pins and Mayor Pro -Tem Moore will be call ing off the names, When your na me is called , would please come forward , we would appreciate ii. Ma:,or V\1oodwa rd presented the certificatC!s and pins to all the indi vi duals in attendan ce . 9. Ccnsent Agenda COUNCIL MEMBER MOu~E MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO APPROVE CONSENT AGENDA ITEM :; 9 (a) (I), 9 (b) (I) and 9 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 29. INTRODUCED BY COUNCIL MEMBER MOClRE A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY. COLORADO. BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER . AND THE CITY OF ENGLEWOOD, COLORADO . TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3, 2009 . (b) Ap prova l of Ordinances on Second Reading (i) ORDINANCE NO . 25, SERIES OF 2009 (COUNCIL BILL NO . 24, INTRODUCED BY COUNCIL MEMBER WILSON ) AN ORDINAN CE AUTHORIZING ACCEPTANCE OF A GRANT FR OM THE STATE OF COLORADO , ECO NOMIC DEVELOPM ENT COMMISS'JN FOR MARKETING AND ADMINISTRATIVE SUP PO RT IN THE ENTERPRISE ZONE. (c) Resolutions an d Motion s (i) RESOLUTION NO 60 , SERIES OF 2009 A RESOLUTION APPROVIN G A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET FOR ADDITIONAL IMP ROVEMENTS TO THE PASEO PROJECT . Vote results : Ayes : Na ys: Motion carried . 10 . Public Hearing Items Council Members Pe nn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley None • • • • Englewood City Council July 6, 2009 Pag e 7 (a) Mayor Woodward sa id th is is a comb ine d Publ ic Hear ing to gather input on Co uncil Bi ll No . 25 , amend ing Title 16 : Un ified Deve lopment Code pertain ing to a Medi cal Zone and Overlay District and on Council Bill No . 26 . approving an amendment to the City of Englewood 's Offic ial Zoning Map to rezone portions of the Medical District area . Th is is the public's final opportunity to pub licly comment on Council Bills 25 and 26 for Council cons iderat ion ... wh ich will come forward to us on se cond reading in two weeks ... two weeks from ton ight. COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSOII SECONDED, TO OPEN A COMBINED PUBLIC HEARING TO GATHE R INPUT ON COUNCIL BILL NO. 25, AMENDING TITLE 16 : UNIFIED DEVELOPMENT CODE PERTAINING TO A MEDICAL ZONE AND OVERLAY DISTl<ICT AND ON COUNCIL BILL NO, 26, APPROVING AN AMENDMENT TO THE CITY OF ENG,LEWOOD'S OFFICIAL ZONING MAP TO REZONE PORTIONS OF THE MEDICAL DISTRICT AREA . Ayes : Council Members Penn , Mccaslin . Moore . Woodwa rd , Jefferson . Wilson , Oakley Nays : None Mot ion carried and the public hearing opened . All witnesses were duly sworn . Planner Voboril said good even ing Council members . On behalf of the Englewood Planning and Zoning Commission and the Community Development Department , I am here ton ight to present and testify on Counc il Bills No . ?.5 and No . 26 . Council Bill No . 25 is entitled an ord inance amend ing Title 16 of the Englewood Municipal Code pertaining to the Unified Development Code creating new Medi cal Zone and Overlay District Regulations . And Council Bill No . 26 is entitled an ordinance amending the Official Zoning District map of the City of Englewood , Colorado to rezone an area of the City generally bounded by Logan Street, Girard Avenue , Lafayette Street , Little Dry Creek , to M-1 and M-2 Mixed Use Medical Districts and to establish areas in which • supplemental MO -1 and MO-2 Medical Overlay District Regulations apply . First off, I will first testify on Council BIii No . 25 and then when I finish my testimony on that BIii , I will then announce that I am transitioning my testimony to Council Bill No . 26 . He said let's get started on our testimony on Council Bill No . 25 . I have In my hand proof of publication announcing the Public Hearing for Council Bill No . 25 published in the Englewood Herald on June 5 and also on tr,e City Council's website . The plann ing process for Council Bill No . 25 , the Medical Zoning and Overlay District Regulations , begins with Roadmap Englewood : The 2003 Englewood Comprehensive Plan . In Roadmap Englewood , the Swedish Medical Center and Craig Hospital area was designated as one of the City 's best opportunities for economic devehipm u, '.. It was then designated as an area of change , which would mean that redevelopment would be encouraged ie t11i s area . Types of development that were foreseen for this area , would be expansion of existing hospital facilities , the addition of ,.ew med ical uses that would benefit from being located near the hospitals and also new residential and supporting commercial uses that would benefit from being located next to such a significant economic employment base . Fast forward lna to 2006 . we had a new City Council come on board at that time and that City Council decided to make economi c development one of its ch ief priorities . And that Council goal has caen reaffirmed every year since then . In support of that Council priority , th e Community Development Department proposed to do a Small Area Planning process for both the Downtown and the Medical District. Bas ically , we got approval from Council to go ahead with this Small Area Planning process in the summer of 2006 and then we began to des ign a publ ic µrecess for the Small Area Plans and they were centered around a ser ies of commun ity stakeholders meetings . These me etir,i;,. took place in the fall of 2006 . And what the Commun ity D·ivelopment Department did is we sent out over 5,000 invitations to all of the residents . bus iness owners and property owners that were within these two district study area boundaries and also one block beyond those boundaries as well . Out of those invitations , we got appro xi mately 300 individuals or familie s to reg ister as stakeholder participants in the planning process . And out of those 300 , approximately 150 individuals or fa,,,i!i9 s actually attended the meetings . At these stakeholders meetings , Commun ity Development staff gave a prese -,tation oi the existing conditions that are found In both the downtown and Med ical District. At various points In 1h11 presenta ilon , the CD staff asked the stakeho lders a series of questions concerning what types of developr.1ent the y would like to see in the Medical District area , in what areas they would like to see those new developments oc-ur in the Meaical District , and wh ich areas in the • Med ical District would they like to keep relatively the same and not have th e ;e types of new development. From that feedback that we got from those questions , CD staff was able to compile a vision, goals and objectives that were then incorporated into the final Small Area Plan Pol icy Documen t. This document was present ed to Counc il and was approved by Coun cil by resolut ion in Apr il of 2007 . Once we got the P~licy Document plan in place . then Englewood City Council July 6, 2009 Page 8 staff began to work on analyz ing the ex isting zoning in the Med ical District area to see whether it was consistent with and conducive to implementing l~e vi sion , the goals and object ives found in the Sma ll Area Plan Pol icy Do c1Jment. From ou r staff analysis we determined that the exi sting zon ing did not meet up or match with the goa ls and the policies and the vision that were in the Small Area Plan document. Furthermore , we also found tha t the ex isting zoning in the Med ical District area was really obsolete and the proof of that was , that all the developers who did co me forward in the preceding 10 years , basi cally al l had to go through a very arduous and time consum ing rez oni ng type process to go through and actual ly come to complet ion . So , with that in mind , we had to go back and develop some new Medical Zon ing Districts for th is area . Slaff began to work in 2008 on develop in g Med ica l Zone concepts . Once we had a complete set of concepts tha t we wanted to bring forward , we did so wit h our Plann ing and Zoning co-,,m lss ion through a series of fiv e different study sess ions . At these study sessions , we presen ted the Med ical Zon ing concepts to the Commissioners and then they helped us to refine and more explicitly de f:ne what those parameters for those concepts were . Once we were finished with that process , then we were ready to take th is back out to our various stakeholder groups . The first stakeholder group was City Council and we had a City Council Stud y Sess io n in October of 2008 . We pre sen ted the Medical Zoning concepts to Coun cil and we got a lot of support from Counci l. There was just one little th ing that they asked us to reconsider and that had to do with ... along the US 285 Corridor , al very key intersections of Clarkson and Logan , and especially Clarkson , concerning the northwest and the northeast corner of Clarkson/US 285 . These are very large properties and the Coun cil would really like to see them redeveloped . And Council was a little bit concerned abou t the li mit on the sq uare foota ge of retai l uses , which was 10,000 square feet which we applied to the rest of the District. But Council was looking for an exemption to this for these key prop erties . And so , we went back to Plann ing and Zoning Commiss ion and we ex pla ined the logic that the Counc il gave us and the Planning and Zon ing Comm ission was very af .'"eable to that and de ci ded to make that change to those key propert ies at the intersections of Logan and 285 , C,ati<son and 285 and we also decided to do that for a particu lar property at Hampden and 285 as well. After that , we were then ready to go and present this to the hospitals . We arranged a couple of meetings with both the Swedish Medical Center Executive Team and also the Craig Hospital Executive Team . We then again presented the Medical Zoning concepts to them and the feedback we got from both sets of Executive Teams was that they saw that these Med ical Zonings would be very , very helpful in future expansions of the ir campuses . Then the next group that we went back out to was the neighborhoods stakeholders and this occurred in November of 2008 . And once again , we sent out over 5,000 invitations to all the business owners , property owners and residents within both downtown and Med ical District and also one block beyond those boundaries as well . We once aga in gave them a presentation and with th is presentation we wanted to sh ow them the Small Area Plan document... the goals , the vis ion and objectives that they had give n us at the previous stakeholders meetings in 20 06 and show them how they are related to the new Medical Zoning concepts that we had created . And our feedback from the stakeholders ,:as generally very good and they bel ieved that we had very well captured the sp iri t and intent of the Small Area Plan document in the new Medical Zoning concepts. So . then we are ready to go into the codifica tio n process and staff started work ing on that in early 2009 and that's whe re we translated these Med ical Zoning co ncepts into actual Un ified Development Code text amendment changes . So , this is the actua l coding , the wording , the la nguage . And the n we went back to the Plann ing an d Zon ing Commission to let them have a final stab at that and to fine tune the final language . And once we were satisfied with that , we were able to have a public hear ing , with the Planning Commission and that took place on May 5" of 2009 . And at that public hear ing the Plann ing Commission unanimously made the dec isio n to forward the Med ica l Zon ing and Overlay District Regulations to City Council with a favorab le recommendation for adopt ion . Al this lime , I would just like to briefly explain and tal k about the relationsh ip between the Small Area Plan goals and the Medi cal Zone and Overlay District Regulat io ns . The Small Area Plan housing goal reads "encourage investments in new housing within the Medical Center area ·. For our inspiration for the Med ical Center regu lations on housing , we looked lo th,, Te rraces on Pennsylvan ia Project. So we looked al that de vel opment and used that In develop ing our new concapts for regulating housing developments in the area . Some of these regulations include . more flexible setbacks to create a larger build ing envelope for people to de velop on a part icular property . It also looks to increase the allowed number of residential units by getting rid of the requirement for a certain amount of land area per unit and instead of regulat ing the number of res idential units by the he ight of the building , as well as the park ing requirements per un it. Then we went and looked at the he ights and we de cide d to set up a se t of des igner height zones . We looked to incre ase the heig ht for res idential d~ve lopme nts south of the hospital campuses , but at the same time , In the areas that were closer to the north and to the east to the res idential ne ighborhoods ... single-family res id en tial ne ighborhoods ... we wanted to keep that he ight down to the exi sting 60 feet to protect those areas . And then wit h landscap ing , we decided to substitute a more suburban sty le landscaping standard , with a more urban style landscaping standard . And now , I would like • • • • Englewood City Council July 6, 2009 Page 9 to switch over to our Small Area Plan bus iness goa ls, There are three main goals . The first says : promote the old Hampden Corridor as a fine gra ined , pedestrian oriented commercial distri ct. Second : expand opponun ities for the recru itment and development of ne ighborhood serving bus inesses within the Medical Center District. And th irdly : work closely with Swedish and Craig Hospitals to accommodate facilities expans ion in a manner that preserves and enhances the qual ity of life in surrou ndi ng neighborhoods . And now , I will jus t go briefly on some of these key points of the regulations that help fac ilitate these goals , In terms of land uses , we have expanded the retail area that is allowed for reta il uses .. , southward from the ex isting old Hampden Corridor between Logan and Emerson Street , toward the highwa y and then across the highway at the southeast corner of Logan and 285 and the southwest corner of Clarkson and 285 , We have also decided to allow Hotel Use in support of the hospitals in the district. And we ;,ove also dec ided to take out auto uses from these districts , so that no new automobile type uses can come in , so we won 't have anybody new come in and put a car lot in the district. The existin g auto uses that are there today, may rema in as long as they continue in ope ratio n. In terms of height zones , one of the things we wanted lo do for the hosp itals is to make it eas ier for them to expar.d on properties that they already own , on top of the build ings that already exi st. And so , we raised the height zone for the hospital campus , to match their central tower at Swed ish, to 145 feet. Bu L at the same time, we took a buffer strip of 100 feet south of Girard , where the height would have to come down to 60 feet in order to protect the neighborhoods to the north . Once again , we created the more flexible setbacks , that create a much easiar , bigger build ing envelope for the developers and for the hosp itals . And also , we substituted the suburban style landscaping standards with more urban style landscaping standards . And finally , in the sp iri t of what the sta i<eholders wanted for the old Hampden Corridor , we want to institute some pedestria n oriented des ign standards . And what some of these do , is they requ ire the building to come up close to the street , so that you have a walkable corridor and it requ ires a certa in percentage of windows so that people can see the activity inside the bus inesses and It requ ires that the parking go into the rear of the property . In conclusion of the prev ious testimony , staff recommends that City Council adopt Council BIii No . 25 , an ordinance amending Title 16 of the Englewood Municipal Code pertaining to the Unified Development Code creating new Med ical Zone and O•;ertay • Di strict Regulations , at the July 201n City Council meeting on second reading . Planner Voboril said ... and now at this time, I will switch my test imony over to Council Bill No . 26 . Here I have Proof of Publ ication for the Public Hearing on Council Bill No . 26 which was published in the June 5"' Englewood Herald and also on the City's website . Once again , Council BIii No . 26 , the plann ing process begins with Roadmap Englewood : The 2003 Englewood Comprehens ive Plan . Once again , the Comprehensive Plan called out the Swed is h Medical Center and Cra ig r'~spital area as an econom ic engine in an area of change . Once aga in, City Council came on board , a new Cit1 Council in 2006 , and one of their priorities was economic development within the City . And this goal has been reaffirmed over the years by the Council ever since . In order to support that Counc:I priority , the Community Development Department proposed to do a Small Area Planning process . Once aga in, we had a series of stakeholders meetings that were held in the fall of 2006 . We had 5,000 invitations go out to all the property owners , business owners and residents within l ,e two districts. We had 300 reg istered pa,1icipants and 150 who actually showed up to the meetings . On ce ,u'"· the Community Development staff gave a presentation of the ex isti ng cond itio ns in the Medical O,,inr,t. And one of the ways that we got the information we needed concerning the boundaries of the new Med ic al uning Districts , was that we divided the whole planning area into 6 different sub-areas and we had the se stakeholders concentrate on each sub-area and tell us which of the sub -areas they felt was a sub -area of ct,ange or if it was a sub-area of stabil ity . And then sometimes they would say that a certain portion of a sub-area 11as an area of change and the remaining portion was a sub-area of stability . And then they kind of defined where the line ~etwee n those two were . So , then we took that feedback and we developed a series of goals that captured the essence of what they were tell ing us about sub-a reas of change and sub-areas of stab ility . Once we had that, we incorporated that into the final Small Area Plan document and then we began , shortly after that , to work on defin ing those boundaries . And we used that language from the Small Area Plan Goals about sub-areas of change and stabil ity to draw the boundaries . Then we worked closely with the Plann ing and Zoning Comm is sion , We showed them these boundaries . They made a few minor adjustments between the M-1 and M-.' Zone District. The M-1 District doe s not allow for retail uses and the M-2 does . So , they Just made a minor adjustment south of 285 and how those boundaries lined up . Then we went and presented these to our other stakeholder groups includ ing City Council • and we did not rece ive any feedback from Counc il about the boundaries being ... there was no request for change s in any of the boundar ies from Ci ty Council . Then we presented these boundaries also to the hospitals and they had no objections to the boundaries as well. And then finally to the stakeholders in the November 2008 sta keholders meetings and we receive d no object ions about these boundaries there either. And now , I would just Englewood City Council July 6, 2009 Page 10 like to talk a little bit about the relat ionship between the Small Area Plan sub-areas of change goa ls and the Medical Zone and Overlay District boundarie s. The sub-areas of change goals that we had Ill the Small Area Plan basically designated Sub -areas 1, 4 and 6 as sub-areas of change . Sub-area 1 is the main hospital campus area north of Hampden , between Hampden and Girard and Logan and Emerr.on . That is sub-area 1 and stakeholders obviously felt that was a good area of change to be allowed . The stakeholders also identified Sub - area 4, wh ic h is directly east of Sub-area 1, between Emerson and Lafayette Street , and they also designated that area as a sub-area of change . They also des ignated Sub-area 6, wh ich is the area directly south of the hosp ital campus between Hampden and stretch ing across the highway to Little Dry Creek between Logan and Emerson . And that was des ig nated also as a sub-area of change . Now I would lik e to switch to the partial sub- areas of change . In Sub-area 3, wh ich Is the area just north of the hosp ital campus between Girard and Floyd ... that generally was seen as a sub-area of stability . However, there are a number of key properties that are fronting Girard Avenue ... that are owned by the hospitals ... where it was recognized that it would be good to allow those properties to develop just along that corridor. And what we did , Is we did not propose new zoning there , but what we did was create an Overlay District ... and what that does, is it does not change the existing zon ing 's land use requirements or de nsity requirements , but what it does do, is substitute the more flexible setback standards from the Medical Zone District. And then finally , we come to Medical Sub-area 5 and that sub-area Is from Emerson to Lafayette south of old Hampden . which includes the historical bus iness corridor on Hampden and then this residential portion to the south of that. The stakeholders in that sub-area were okay with redevelopment happen ing along the old Hampden Corridor , but they did not really want to see that impinge too far into their res idential portion of that sub-area . So what was created to kind of create a nice transition between the area of change and the area of stability was another Medical Overlay District which includes the first residential property just south of the historic business corridor . And in that overlay area , businesses can expand into that area for parking or they can expand Into that area for housing ~r office , but if they do , they have to bring the height down to 32 feet , which is the existing height regulation for the residential portion to the south . It creates a nice transition between the business corridor and the existi ng residential area . In conclus io1 of the previous testimony , staff recommends that City Council adopt Council Bill No . 26 , an ordinance amending the Official Zone District Map of the City of Englewood , Colorado to rezone an area of the City generally bounded by Logan Street , Girard Avenue , Lafayette Street and Little Dry Creek to M-1 and M-2 Mixed Use Medical Districts and to establish areas which supplemental MO-1 and MO-2 Medical Overlay District Regulations apply , at the July 20" City Council meeting on seccnd reading . Mr. Voboril sa id and now at this time , I wou ld like to invite any Council questions on these two bills . Mayor Woodward asked if there were any questions from Council right now . Council Member Mccaslin sa id how many invitations were sent ou t... S,000 originally , is that,. ,t you said? Mr. Voboril said over 5,000 . Mr . Mccaslin sa id and then 300 responded ? Mr . Voboril sa id and deci<Jed to register to become .. Mr . Mccaslin said and basically 150 showed up . Mr . Voboril said right. Mr. Mccasli n said okay and I just want ed to say that I attended numerous of those meetings and they were ... ! thought there was a lot al input and there were the people who wanted to make a difference were there loo , to make a difference and I appreciat e it. Council MemberW,lso n sa id I have a question . One ... lhat was a phenomenal discussion , or what you said about the different districts . I just don 't know how you do it. .. presentation wise ... it was phenomenal . But I am concerned about when it went lo Plann ing and Zon ing ... on page 7, when Mr . Roth brought up the fact that.. Mayor Woodward asked wh ich one are you on ? Ms . Wilson said I'm sorry , 25 and page 7 of the Planning and Zoning hea ri ng . And that they brought up ... Mr . Roth brought up that in Zone District 3, that ii someone wanted to accumulat~ 24 ,000 square feet of property north of the MO-1 Zone Distr ict they could build to 60 feet s •d have a ho spital use . Now further in that , you sta te that that would be rev isited , but not until Phase 2 was started . • • Mr. Voboril sa id that is correct. The way the Commun ity Development Department saw this process ... and there is a lot of ·tuft here ... th is is a big , big project... very , very complicated . And to make it eas ier on everyone , we decided to ,rst co nce ntrate on creating the ne w Medical Zone Districts first and then our plan was to com e back wi th th e Phase 2 to then go and look at those areas that were des ignated as areas of stability to rev iew . becau se • th ey ha ve some ... there are still some issues out there , as you mentioned and Mr. Roth did , he ment io ned as well . Th e other th ing about that was that it was , you know , we had a lot of work with Planning and Zoning Commiss ion and the y bas icall y ne ve r really made it a point to my;elf, about tha t issue , that It was very important to them , unt il • Englewood City Council July 6, 2009 Pag• 11 basically those last two meetings . We did talk to the hospilals a little bit about that to see what they kind of fell like. We kind of decided there are a lot of other iss ues and it wasn 't just an eas y thing abou t just removing h~spital uses from th is area . We had to look at this ... did th is have ram ifications for other areas in the City? And we felt that , because of the limited time . we really needed to do just ice to this issue , as well as a few others that have alread y been mentioned that we do know about , that we really needed to do a Phase 2 for that and to go back and revisit those areas of stab ility . And our plan is to beg in working with the Planning Comm iss ion ... in the second half of th is year ... just beg in rev isiting those issues and to have another Phase 2 with the neighbors in that area to work with them with the probable goal of el iminating hospital use from those areas tt!lhe north of Girard . Council Member Wilson said how many stories are 60 feet ? Mr . Voboril said typ ically that would be about 5 stories and that is the existing height zone for that area . Ms . Wilson sa id okay . Because my concern is ... now wil. this go back to Planning and Zoning after. .. for Phase 2? Mr. Voboril said yes ... yes . She sa id okay because I wan t... I am uncomfortable with thinking that they could put a ... that someone could put up a 60 foot structure and accumulate up to 24 ,000 square feet of property along that line and have ii stated as hosp ital use . I understand that they feel comfortable , Planning and Zon ing , that th is will be brought up in Phase 2 and looked at , but are there any guarantees or do we just have to assume that this wi ll be brought up and rectified, or dealt with? Mr. Voboril sa id I am 100 percent comm itted to ... lhis is go ing to· 'my most important thing to be working on in the next half of 2009 and it will be dealt with . I can assure you ... u,. :ss something happens to me . Ms . Wilson sa id okay , because that was my one concern . Mayor Woodward sa id well John , I would like to commend you on the work that you have personally done on th is over a number of years . This has been an effort that you ha ve brought in the residents , land owners , the hosp itals and the different businesses . I remember bac K wi ,en Mayor Olga Wolosyn was involved in some of these rr eelings as a stakeholder having a home nearby and tak ing the feedback of the community and really inputting that. And also to all of the work that P & Z has done on this and all of the time that has been committed • to it. Again. in June , at the First Tier Suburbs meeting in Kansas City , this is very similar to the type of things that we were discussing . This is somewhat modified ... they were talking more about Fonm-Based Zoning and stuff like that and this has some of that in it. But these are the types of things that our community , in my opinion , need to be looking at right now . How do we have these areas and what do we do? I am really pleased that the res idents ' concerns have been answered here and I think ... again , I want to commend to you and P & Z on the work you have done . And I know that this has gone in front of other boards , includ ing ACE , and has been recommended to be moved forward . Mayor Woodward asked if there were any other questions . There were none . Mayor Woodward said then I would like to go ahead and than k you John for your presentation .. very thorough . Dana Po lansky , Representative of Cra ig Hospita l, sa id I am here today ... we met with John , the Executive Team at Craig Hosp ital and I am part of that. I am the Vice President of Cl inical Serv ic es . So, I am here as a representative from Cra ig to report that we are in support of the new Med ical Zone District regulations . Whan we did meet in October . it became apparent to us that a lot of thought , as you noted , a lot of thought, time , effort and input was gathered by the City ... from not only the med ical and business community , but the citizens . So it seems like a really ni ce bala~ce of recommendations tha t came out. I think for our hospital , it became apparent that th e changes were designed to make zon ing more flexible , which will allow us to meet the future needs of our pati ents and families that we serve , while stil l allowing Cra ig to continue to be committed to the respect of the community and the citizens that surround the hosp it ai . Just the sub-zoning and all of that and then the focus on the ma in Med ica l District seem to make sense to us and it would make it a lot easier. In the past , Cra ig has had to use the Planned Un it Develvpment process and it could be cumbersome as ii divides different lots to get through and to get things approved . The other way that we could get things approved was , for example , was when we built our new park ing garage , we had to go through rezon ing . Both of these could be lime consum ing and I remember, at the time , when we were going through that , it was when concrete was really hard to get and ynu had to ge t in the queue and we were on pins and needles when are we going to gel in the queue in lime to gel our park ing • structure built in the lime we had in our budget and our planning process . So , a lot of that was due to the origi nal base zoning standards . Obviously , they were more res ide ntial and suburban '~ nature and not really flex ible enough for a large inst it utional developmen t. These new Medical Zone District regulations will be able to meet the needs of a large scale hosp it al, and an y future deve lopment . in a less complicated manner , so it will make it a Englewood City Council July 6, 2009 Page 12 little eas ier for us . II Jurt seemed to us , after we met. lhat it really did ach ieve the goal that is stated in the plar , lo accommodate future fac ili ty expansion needs for the hosp ital , wh ile helping to preserve and enhance the quality of life in the surround ing ne;ghborhoods . And I knt . John stated tha t goal . but it seemed to really hit home with us and 1hat is wh y Cra ig Hosp ital is in support of th is rezon ing . Mayo r Woodward said thank you . Julie Lenberg sa id I am here representing Swed ish Medical Center . I won 't take long and I will echo what Dana had to say ... that we are also in support of this . And pub licly , John , we would like to thank you . It is nice to know how to say your last name finally . But we want to thank you for the effort and the work . We would agree with the previous comments that . it seemed to be a very participatory process and we were very fortunate because at the time we were also looking at our current expansion project... the 85 million dollar project that we are currently underway with . And our thoughts on that project seemed to match very well with what John was hearing from the community and that was a nice vote of confidence , I th ink , in knowing that where we were headed , going vertically and going south . was what the neighborhood wan ted as well . And I think we feel that th is is a shared vision between Englewood, Craig and Swedish at being able to create a very vibrant Medical District , at the same lime preserving and respecti ng the neighborhoods ... especially the neighborhood to the north of the hospital campus . So , we also believe that it will be fle xible in the future, knowing none of us is probably smart enough to know what the next hundred years will bring . We have been here now 105 years ... looking forward to the next. So , than k you . Mayor Woodward said thank you . Bern ie Costello , an Englewood resident , said I am going to keep this real brief because I don 't understand th is in quite as much detail as John and his team do ... but I would like to commend them on what they have done here • and bri ng a perspective from an architectural designer and someone who has recently contributed to this stre tch • of land , participated In the small infill projecl at 960 East Hampden . And I think that what they are doing here provides a very flexible large , big pictu re scope to allow econom ic development to nourish in this ne ig hborhood . I think that it focuses on pedestrian oriented design concept , which will allow the street to rehabilitate itself. I th ink there is some major holes within the fabr ic of that stretch and I think this will do won~ers to help bring that back together and allow for flexib ility with in that ne ighborhood . Thank you and I tha o• .. ,.an and his team . Mayor Woodward and other Counc il members sa id thank you . Mayor Woodward asked if there was anyone else who would like to speak . There was no one . COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO CLOSE THE COMBINED PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 25 , AMENDING TITLE 16: UNIFIED DEVELOPMENT CODE PERTAINING TO A MEDICAL ZONE AND OVERLAY DISTRICT AND ON COUNCIL BILL NO . 26, APPROVING AN AMENDMENT TO THE CITY OF ENGLEWOOD'S OFFICIAL ZONING MAP TO REZONE PORTIONS OF THE MEDICAL DISTRI CT AREA. Ayes : Coun ci l Members Penn , Mccaslin , Moore, Woodward , Jeffers on, Wilson , Oakle y Na ys· None Motion carried and the publi c hearing closed . 11 . Ordinanc es , Resolution and Motions (a ) Approval of Ordinances on First Reading (i) Deputy Ch ief of Police Collins presented a recommendation by the Pol ice Department to adopt a bill for an ordinance authorizing the application for and acceptance of Justice Asaistance Grant No . 2009- G9198-CO-DJ . He said this Is our second JAG award this year . This one came in May of 200 9. Once aga in , we • have been grouped with the Aurora Police Department and the Arapahoe County Sherriff s offi cd. We have been charged to spend about $404 ,700 .00 . Th e Police Department has been awarded S3 5,213 .00 . As such , the Pol ice Departm ent is requ est ing that Council adopt a bill for an ordinance allow ing us to accept th is gran t. What Englewood City Council July 6, 2009 Page 13 • we intend to do is to purchase some items of te chnological needs . !raining needs . as well as some equipment needs . I have enumeraled those on the Co un cil Commun icalicn . So if you have any qu estions , I would be more th an glad to answer them . • Mayor Woodward as ked if there were any questions . Mayo r Woodward said I do have one . The flash cam eras that we had talked about before , is that on a different grant application ? Deputy Chief of Police Collins sa id that is in the st imulus grant... the Reinvestment Act. Mayor Woodward sa id oka y ... great...glad to hear tha t Mayor Woodward as ked if there were any other questions . The re were none . COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED , TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO . 31 . COUNCIL BILL NO . 31 , INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORDINANCE AUTHORIZING Ati INTl'RGOVERNMENTAL AGREEMENT REGARDING THE APPLICATION FOR AND ACCEPTANCE OF A 2009 EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM ",WARD· 2009-G9198-CO-DJ . Mayor Woodward asked if there were any questions . There were none . Vote reaulta : Ayes : Nays : Motion carried . Council Members Penn , Mccaslin , Moore, Woodward , Jefferson , Wilson , Oakley None Mayo r Woodward said thank you . (b) Approval of Ord inances on Second Read ing There were no add itional items subm itted for approval on second reading . (See Agenda Item 9 • Consent Agenda .) (c) Resolut ions and Motions (I) Director Eaton presented a recommendation f -:,m the Human Resources Department to adopt a resoluIion approving the Collective Bargain ing Agreement between the Englewood Employees Association and the City of Englewood for the years 2010 and 2011 . She said we have talked about the significant changes to the contract at a number of previous sessions . but I would be happy to answer any questior,s that you have about lhat tonight Mayor Woodward said , just as a po int . I would like to point oul that EEA is our largest union ... correct? Director Eaton said correct They have approxi mately 200 members . Mayor Woodward said okay . They have agreed to no wage increases or merit pay increases for 2010 . I just wanl lo really commend them for what they have done with th is and come forward and basically shared in the pain of what is going on in the economy and are supporting the citizens of Englewood and supporting what we have as far as what we have in the City. That is , a full serv ice City and that Is that we are , at this time . not cutting any people , any specific projects that we have planned . I am very th ankful to them for what they have done and I would hope that any citizen and every citizen • thal sees a City employee ... shares that and says thank you . Director Eaton said thank you Mayor . I will pass that along to the union representatives . Mayor Woodward said please do . COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 61 , SERIES OF 2009 . Englewood City Council July 6, 2009 Page 14 RESOLU TION NO . 61 , SERIES OF 2009 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2010 THROUGH DECEMBER 31 . 2011 . Council Member Oakley sa id I would like to make a statement that ii is important for the citizens to know that the employees are stepping forward and doing the ir part in th is matte r. Mayor Woodward asked if there was any further discuss ion or comments . Council Member Moore said I would also like to echo those comments , as we enter into a very tough budget season . Th e actions by the City employees are extremel y helpful and very much apprec iated . Council Member Mccasl in said I would also lik e to send my appreciation to the Employe e Associatics . Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wilson , Oakley Nays : None (ii) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution approving a Memorandum of Understand ing amending the Collective Bargaining Agreement • between the Englewood Police Benefit Association and the City of Englewood for 2009 -2010 . She said I would • aga in like to recommend that Council adopt a resolution approving this Memorandum of Understand ing . I believe that you are all aware of the fact that the Police Department was in the middle of a two yea r contract and met with the City officials and agreed to the same ... similar terms that the Englewood Employees Association agreed to , which was a zero percent increase for the year 201 0. Mayor Woodward asked if there were any questions for Sue regard ing th is. There were none . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (ii). RESOLUTION NO. 62 SERIES OF 2009 . RESOLUTION NO . 62 , SERIES OF 2009 A RESOLUTION AUTHORIZING THE MEMORANDUM OF UNDERSTANDING AMENDING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEAR S 2009 AND 2010 . May or Woodward said I would li ke to open it up for discussion . Coun cil Membe r Wilson said I would like to say thank you to the employees and the police for wha t they ha ve done and I really apprec iate it , as everyone does . Thanks . Council Membe r Oakle y said again , this is a sacrifice in as much as the y were into ii, a two year agreement and to step forward like the other employees is much appreciated . Council Member Penn sa id I think that goe•· across the board for the City Cour.cil people . I th ink it is just totally app recialed and I'm hop ing that it con tinu es on . Mayor Woodward said agair I want to say the sam e thing . With what the police have done , you know , they have certa inly helped us mainta in prO')rams that we have existing . Hopefully , if the economy doesn 't get horribly bad • Englewood City Council July 6, 2009 Page 15 • and we have avoided layoffs ; we've been able to avo id furloughf , lhat sort of th ing and ma intain programs for the citizens of our City . So aga in , I wou ld say to citizens of Englewood , when you see a pol ice officer , thank them . Vote results : Motion carried . Ayes : Counc il Members Pe nn . Mc caslin, Moore , Woodwar~. Jefferson , Wilson , Oakley Nays : None 12 . General Dlscu11ion (a ) May;:,r's Choice (i) Mayo r Woodward said I want to mention that... something that Rick had ment io ned earl ier ... the 4~ of July celebration , I bel ieve , was another real success . There was a little rain involved . Some of us got wet. Some of us were there all day and night , or parts of the night an )'way . I think , certainly down at Belleview Park , it seemed to me like there were , during the dayt ime , more people there and having a wonderful time . It was a little cooler than normal and t do not understand how the little kids get in that creek when it was like that , but they do . (ii) Mayor Woodward said I also want to ment ion the Hole-in-One Program al the Golf Course and the succes s of that. Congratu lations to Bob Spada and his staff for putt in g this program together for the youth , not only in the commun ity in Englewood but it has expanded further than the metro area . People are coming out of the mountains with their kids . This year they were over 600 youth golfers participating in this • program for five -year olds and up . I know I had a number of people ask me what was going on at the Golf Course on that certain Wednesday in June , when all of those tents and stuff were there? This may be one of the larges t youth programs , as far as golf, in the country . I just really want to compliment Bob and his staff and the Parks • and Recreation Commission . (ii i) Mayor Woodward sa id I want to menti~o that there was another one of our people , from Community Development, who received an award from the National Association of Housing ano 'ledevelopment Officials , the Mountain Pla ins Reg ional Council and that would be Janet Grimmett. She receive 1 an Unsung Hero Award . Being Involved with the Housing Authority , having dealt with the Colorado Hous ing Authority and different people at the State level and the county level , I can tell you that Janet is very highly thought of and certainly s~mebody that is very deserv ing of this type of an award . So , when it comes to housing in Englewood , Janel is ... and really even in the area ... Janet is somebody that really knows what is going on and what's going on with Iha different programs that ar• available . So , co ngratulations to he r. Alan , please pass that on to Janet. Directo r Wh ite sa id I will do t~a t. Than k you . (iv ) Mayor Woodward sa id I also wanted to mention that a few of us Council members , ha ve ... attended the CML Conference in Va il. We did so with our own funds and with some discretionary funds . only k 10w how I sp lit my own . I don 't know how Joe and Bob did. I can assure you that we weren 't goofing off . I think ~II three of us ... at all times that classes were offered .. s•p.re partic ipating in workshops and classes . I don 'I think any of us were golfing or an ything , certainly not on City fends . II was a very valuable conference in that there was a lot of infonmation shared . II was very interesting ... Bob and I were standing , talking to some Council members from another city in northern Colorado , who mentioned to us that they modeled a lot of their City ord inances after Englewood 's and how was it that Englewood does such a good job on the ir ord inances? I think that says something about the City Attorney 's office , I think that says something about our cit izen boards and comm iss ions ; and something about City Coun cil . There were a couple of these people that had sa id the same th in g and I think ;t sa ys something abou t our City and what we are do ing . If we are be ing used as models , I think that's great. (v) Mayor Woodward sa id finally I just want to briefly address some of Matthew 's comn:•nts regard ing Mclellan . Now , I don't know the numbers you ha ve . I haven't seon any of the infonmation that you have . As you know , as you slated , th is is a separate corporation , a non-profit corporat ion . I can tell you that the Englewood City Council July 6, 2009 Page 16 land that was down at the Highlands Ranch area w as bou ght, I bel iev e, in the 1950's. It is , in my op inion, the rea l esta te ... the jewel that En glewood has ... tha t is going to serve Englewood for many , many years to come . I think the City Council believes and ... we are not lo oking at se 11i11a that land . We have sold one piece of that land . That piece was sold to RTD , in lieu of condemnation fo r the eMansion of the light rail station for Fas Tracks. All of the land around there is owned by the City of Erglewood. Th e land that we own is on the east and west side of Lucent Boulevard , and the north and south s.:les ?f C-470. It is very valuable land. It will be leased. It will be the revenue stream that will happen in the future. So, when the directors vi that group ... that was set up by a different Council , at a different time. for very specific reas,·~r. ...o go to a national conference and start setting up and doing the work, the groundwork, and having a pl an ~na ~~d a very good plan ia my opinion ... and we 'll probably , hopefully , be able to do it again next year, and ha ve results start coming out of this when the economy turns around . I th ink that is investing in our community . We potentially could see leases much higher than ... what we did with ... well , we w ill see ... with the 53 acres at the Golf Course and that will be a revenue stream that the City of Englewood , within our current borders, and with our current zoning and the way that it is, will not be able to sustain . And so. I personally feel very, very fortunate ... and as a commercial real ••12te broker, I can assure you that I fully understand what is going on there, and I fully understand that cosf-,ac.,ca "'·• the investment there. As far as putting a full line item budget on the website, to me that would be getui,-; 10 t',• po,,t of the absurd . The full line item budget for lhis City , for a City that has a budget of 38 ... 39 million ,,.;-;s ,r., ju, t r ;, the General Fund and that is not counting the Capital Projects and stuff like that, is a lot of stuff T ~\'le •·"·' a former Council member that demanded a line item budget and then , I believe , never even looked at it Si •,ff spent all kinds of time putting it together. It's not City Council's job or duty and that is one of the th ings that... Bob and I attended a class , a workshoo that was very clear abo11t what the roles of Council members are and >;·hat the roles .,, staff are, in a Council-MRnag~r type of govemme,,t. So, anyway, as far as Mclellan goes , I totally support what those guys did . I do not know wnat your numbers are , but r ,:., is how you get the type of business that we are looking for. We will be the beneficiaries of the lease payments that come in there . (b) Council Members' Choice (i) Council Member Penn: 1. He said I did spend the day down at Belleview Park and I mean th e day. I think we got there about six o'clock in the morning and left about 9:30 that night and enjoyed the entire time. I too would like to commend the Police Department. I think they did a great job. They had great visibility . They were around all of the time . They talked with everybody . It v:as really kind of neat to see tne interaction that they had. There were many great comments on the fireworks themselves. I know a lot of people were down there early in the day and got flushed away with the water, but it was st ill a tremendous fireworks show. One of the things I did notice was the dogs on- leash . The part cf the park that I was on, I d id not see one dog off-leash the entire day and I think that is part of our education to these people . I d id not get down to the Corral. I did go up above it, but I didn't get down to the Corral to see how that was going . An excellent day all around and hopefully that continues. Many people came up and sa id w e're glad that you spent the money, beca 1J se th is is something that Eng lewood does. 2. He said I also went to the Hole -in -One . I spent a couple of hours over there Bob Spada does a ~real job and the staff over there does a tremendous jo >. He's working h', •ai l off trying to get . ,are students from Englewood there and hopefully as he continue,; ... I th ink he had an inc,~ese of about 35 students from Englewood , so it is increasing and hopefully we will continue to do that for our youngsters . 3. He sa id on Saturday, we have a ribbon cutting , at 10:30 at Colore's, down on Yale and Broadway. It is a brand new restaurant in Englewood . If yoJ have a chance to go down there and welcome them ... it's a new business . I'd like to maybe try and start focusing on new businesses coming into Englewood and I'll trv to make th•t part of my preser,tati on he re at night. 4 . He sa id congratulations to all the appointees and re appointees . Jill, I still love you and you ~~ow where I • • am coming from. I th ink you are tremendous on that committee, so keep going and kee p working on ii. So you =~-• 5. He sa id Jim , I th ink you answered th,, money iss ue fine and I like that. Tha nk you . • Englewood City Council July 6, 2009 Page 17 (ii) Counc il Member Mccaslin : [Clerk 's note : This item , Council Bill No . 30 , was listed on 1:,e Agen d<> as 12 (b) (i).] 1. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL Ml:MBER WILSON SECONDED, TO APPROVE COUNCIL BILL NO . 30 . COUNCIL BILL NO . 30 , INTRODUCED BY COUNCIL MEMB EF: :,lcCASLIN A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE Ill , SECTION 22 , "TERMS ", OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Woodward said there 's been a motion for Council Bill No . 30 that was included in our packet regarding an ordinance submitting , to the electors in November, bas ically , summarizing , going up to three Cllnse:utive terms in office from the current two and changing the Charter. We've discussed this in Study Session and I believe in regular session . Mayor Woodward asked if there was any discussion . Mayor Woodward sa id I would just like to po int out that the County did this two years ago where they expanded into three terms and I know some other cities have gone three terms . I can say from my own experience , from what I have seen of other Council members, that the first year is reaay a training and the second year you find out that, wow, the budget is not what you !hought it was and yo u start to learn the acronyms and what the little things mean and where the money comes !rnm and how things are funded . In the case where somebody is appointed • and is serving six years ... ha• committed to six years ... instead ~: getting two full terms , I would support three terms . So , that would be my commer ; Are there any others? There was none . Vote results: Motion carried . Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley Nays : None 2. H~ said I'd like to thank everyone here tor,ight and the lady from Craig and Swed ish for testifying on Council Bills Nos . 25 and 26 . I appreciate your Involvement. 3. He said , aga in, I would like to thank Bob Spada for th e great job that he does for the Golf Course . I've been involved to get some of the guest celebrities from the Broncos there and I'll tell you , whenever I call them ... we had eight former Broncos : BIiiy Thompson, Dave Studdard, LeRoy Mitchell , Fran Lynch , Irv Brown, Rocky was there from the Nuggets , Bill Hanzilik ... what a tum out. II was great. This is what Englewood is about. I wish more of the publ ic would see this . The involvement of these people . I want to really thank Bob Spada for what he did . He 's done a great job . 4. He said I guess I'm getting eally tired of th is spending money , as far as education . I've bees to both CML and NLC . I consider myself a professional and any professional that does not want to improve their educat ion , to me , is not a profess ional , because that is what you want to do as an educator, realtor , whatever. These are invaluable . I'm earning credits . I'm earn ing certificates . I will show my certificates to an yone . I will show them the hours I have ob tained through going to classes . We got a bad rap by Channel 9 because some Council member said I'm just goofing off. They take it and blow it out of proportion . I called Channel 9 and they don 't return my calls . But if you screw up , they want to call you . They want an answer right now . So , I'm really getting kind of fed up with the ... where we spend our money on education . I want to be held accountable . I will • show them my certificates . I will show them my class ... whatever you guys want to see . We are all out there learn ing to better the City of Englewood. Educate . Educate the people of Englewood on the Is sues and where we can do bette r. I guess that's all I want to say , but I've heard it for the last year about NLC , CML. I paid my Englewood City Council July 6, 2009 Page 18 way to CMl ... $200 .00 , $300 .00 , $400 .00 . If you want to see the rece ipts , call me . I am just tired that you don 't want to see educated people in this position . Thank you . That 's all I have to say . (iii) Council Member Oakley: 1. He said I guess I'll start with the 4th of July . I didn 't have the occasion to be a1 either one of the parks , e>.~•~t going back and forth to the grocery store , buying more groceries . I had fourteen people at my house . I nc,t.r.eo that there was a goodly sized crowd over there ... and , judging from the size of the crowd that was on my block , two and one-half blocks north of Belleview. The street was always parked full , but this year, I guess maybe because of the rain , they stuck by most of the cars and sat on blankets along side of the City Ditch and enjoyed It from there . There were people stand ing in the street... more people than I have ever seen . I was just proud that Englewood can p~rticipate in something lik e that and draw all of the communities together like that. 2. He said Jim , you did a good job explaining the situation at Mclellan and the County Line property . As the fellow said , that property came to us almost as a windfall because we were acqu iring property to build Mclellan Reservoir and had the opportunity to buy all of the land at once , and It cost us very little money based on what 11 is worth today . I am just so glad that we had that opportun ity to have that revenue stream in our future . The small investment that we are making now is going to pay big time . If anybody wants to look into it , that's just what the facts are . (iv) Council Member Wilson : 1. She said I echo what you said about Mclellan . It will be a revenue stream . 2. She said I also wanted to have Alan ... congratulations to Janet for a job well done and to the staff that presented tonight. (v) Council Member Jefferson: 1. He said I too was over at Belleview Park And had a great time there . What a great show. I think a lot of the folks recognize that Englewood puts on a great show there and so just kudos to everybody involved . Another great festival there . 2. He said to Matthew , I have to generally agree with Mr . Mayor and some of the other Council comments that the land over nea r Mclellan Reservo ir really represe nts, in my mind , the reah / ... the potential... the only real potential for economic development right now, being as It's one of the few large greenfield opportunities that can bring revenue to the City . I am always weary of the amount of doll ars spent to get that result , but just hearing that number doesn 't seem out of whack to me . I know that the conference out in Las Vegas has every major retailer In the United States represented there in ,:ommercial leas ing . It is the Super Bowl of events as far as retail is concerned , and that is what we need there Is a couple of anchor retail tenants to really att,act some people over there and get people off of the rail and shopping there . And like I said , bri ng ing money to Englewood . As far as :, be ing in a separate area ... I think that Is a fairly common practice with these types of transactions for , .. ;nicipalities . And as far as the complete budget on-line , I wou ld love to see aJdltional infonmation on-line . I like us ing the website and be ing able to provide as much infonmation . You know , at some point. the information does t,ecome to be a little bit of an overkill and so you get a right balance of how much infonmation to put r ,-fine for people and not go overboard , where it is sort of a waste . 3. He sa id to Rick , I wanted to thank him for his nice comments on the 4"' and for our service people . I think • • he heard some of the discussion that we had regard ing Council Member Wllson'J appointment to Code Enforcement. I hope, through that discussion , It has been fairly evide nt that we have discussed this at length , several times . We had a very good idea of where other Council peo ple stood on that issue and so I don 't think there were any big surprises there . I just wanted to clarify that there is no Code officer ass igned generally just to Council . There is one , I believe , assigoed to complaints or requests , that will respond to Council requests , but it Is • not simply for Council to use to point enforcement to particular places all of the time . Englewood City Coun cil July 6, 2009 Page 19 • 4. He said and then finally on Council Bill 30 , I did vote yes on this . I'm still ... the jury is still sort of out for me • • as far as the policy of th is, but I feel very comfortable knowing that the citizens will make an informed dec ision . 13 . City Manager's Report (a) City Manager Sears sa id on lv lvrJ comments . One , Rick Kahm walked by and gave the thumbs up ... looki ng like everyth ing is okay and then he ,c it before saying anyth ing . So , my assumption is that everything is okay and thal the sewer line is repa ired . I will confirm that and provide that informa tion first thing tomorrow morning , but ! think that is what his in dica tion was . Aga in, ii is great to ha ve the team with Jerrell and Rick and Siu , all working together. I am very pleased . (b) City Mana~er Sears said I really appreciate the com ments by the City Council , and I know that staff does , regard in g the 41 of Jul y event. I know Kra ig Stovall . in particular . did a lot of work to put ii together . We will make certain that our sta ff kn ows those comm ents , and the co mmittee that put that together ... tomorrow morn ing and over the ne xt cou pl e of days . I know that we really appreciate your support and comments about the fine event. Mayor Woodward added and the vo luntee rs that were there . City Manager Sears said and the vo lunteers . We will make sure that they are also recognized . Tha t's all that I have th is evening . Mayor Woodward said th ank you . 14 . City Attorney's Report (a) City Attorne y Brotzman sa id I do ha ve on e request , which is to settle Pageloff v. the City of Englewood . We have had a request from the plaintiff to dismiss this case . with each side paying its own fees an d cos ts . Ma yo r Wood ward sa id so we are looking for a motion for dismissal of th is case . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE A PROPOSED JOINT MOTION FOR DISMISSAL WITH EACH PARTY TO BEAR ITS OWN FEES AND COSTS IN THE PAGELOFF V. THE CITY OF EN GLEWOOD CASE . Mayor Woodward asked if there was an y discuss ion . There was none . Vote results : Ayes : Council Me nbnrs Pe nn , Mccaslin, Moore , Woodward , Jefferson . Wilson , Oakle y Nays : None Motion carri ed . 15 . Adjournment The meeting ad journed at 9:20 ~.m .