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HomeMy WebLinkAbout2008-01-07 (Regular) Meeting Minutes• • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY , COLORADO Regular Session J anua ry 7, 2008 The regu lar meeting of ~,e Englewood Cily Counc il was ca ll ed lo order by Mayor Woodward al 7:42 p .m . 2. Invocation The invocation was given by Council Member Mccaslin . 3. Pledge of Allegiance The P!odge of Allegiance was led by Council Member Mc c aslin . 4. Roll Call Pres ent: Ab :;='111: A quorum wa s present. Council Members Jefferson , Moore, Penn, Oakley, Mccaslin, Wilson, Woodward None Al so presen t Cily Manager Sears Cily Allorney Brolzman Depuly Cily Manager Flaherty Cily Clerk Ellis Depuly Cily Clerk Bush Director Gryg lew icz, Finan ce and Adm inis trat ive Services Police lnlerim Direclor Vandermee , Safely Services Fire lnlerim Dire clor Pallarozzi, Safely Services Pol ice Commandor Walson , Safety Serv ices Trainin g Servic es Chie f Stovall, Safety Services Fire Ballalion Chief Ertle , Safel y Services Dire ctor W hi le, Comm uni l y Deve lopm enl Eng inee ring Tec hnician I Dye, Public Works 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED, Al~D IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 17, 2007. Mayor Woodward asked ff !here were an,· changes or mod ifications . There were none . Vote results : A)•es: Nays · Abslain: Council Members Penn , McCaslln, Woodwa,·d, Je fferson , Wilson , Oakley None Cou ncil Member Moore Moti on ca rried . • 6. Recognillo n of Scheduled Public Comment Engl ew ood City Council January 7. 2008 Pago 2 (a) Tom Ashburn. Xcel Energy repre senlaltve, sa id thanks for the opportunity lo come and brielly give you c quick update on Xcel Energy . I like to come by eve ry couple of years and say hi, and cong ratul ate the new Council people. just introduce myself. and I have a couple of things I'd like lo discuss very briefly. I am the area manager of Community and Local Governmental Affairs . In that role, I'm responsible for all of the franchise issue s, resolving all or the issues and representing Xcel En ergy to the City and to all of our customers within Englewood . l am also the representati ve ln economic development, involved with the South Metro Ch a'11ber Econom ic Development Group and the Engle wood Chamber of Commerce and the Southeast Busiress Partnership . So anyt ime there is an issue with Xce l, or any questions that you may have, I'm your go• to person and will attempt lo resolve the issues whe n I can . I want lo just briefly talk a little bit about Xcel Energy and kind of what's going on . And for some of you, you may not be aware ... we are a major U.S. electric and natu ral gas company . We are pretty large . We have abou t ten bi llion dollars in annual revenue . We're based in Minneapolis , Minnesot a. We opera te in eigh t western and mid .western states and provide a lot of energy related produc ts and services to abo ut 3.3 mill ion electric customers and abou t 1.8 mill ion na lural gas customers . We ha ve a very big presence in Colorado . Publ ic Service Company of Colorado does bus iness and is a wholly owned subsidiary of Xcel Ene rgy. We are engaged in the generation. the r urchase . the transmission, dist ribution and sa le or electricity and we are also in the busi ness of purchasing, transporting and distribu ting natu ral oas . We ow n and operate a steam system , actually a chilled wate r system, in downtown Denver . We have about 1.3 million electric customers, about 1.26 mitHo n natu ral gas customers in Colorado • an d about 3800 employees. about 3.8 billion dollars in reven ue and we are regulated, highly regulated. by th e Colorado Pub lic Ut ilities Comm iss ion . One of our key objectives is to meet our custom ers ' needs for reli able energy and reliable electricity, keep the prices re asonable and reduce environmental impacts . One of our core values t\t Xcel Energy is envirv,menta l leadersh lp. We are very proud of our efforts to sustain and prote ct Colorado·s natural resources . In 2007 , th e company achieved multiple environm ental milestones in th e State of Colorado. We added 775 megawalls of wi nd generation to our portfolio , through purchase power contracts . We hegan p,irch as ing about 8 me gawatts of solar power from a pl ant down in Alamosa , whic h is one of the la rg est cen tral ::;talio n solar power plants in th e Un ited States . We have added abo ut 1000 new electric custom ers tha t • have taken advantage of our solar rewards program . We have rebated aooul 19 .5 million dollars in rebates paid out to our customers that are a part of our solar program . Our 10001 h one, act uall y, was in un incorp orated Arapahoe County, just before December ... mail ing add ,ess is Englewood . We also are purchasing about 3 megawa tts of po we r from a ·~ndfi ll methane power plant. We are now te sti ng hybrid electrical vehicles as a Jemonslration project , to se 1f we can get them on the grid, so th at yo u power th em up at night. whe n power is cheaper. and r Jn th em during the day. I thought I would just briefly talk a little bi t about Englewood statist ics to give you some perspectiv e . We have abou t 17 ,200 electric customers in the City of Englewood and abou t :2,800 gas customers . We collect a franchise fee of about 1.2 m ill ion doll ars annually and sales tax .. we collect about 1.3 million do lla rs ann ually . My goal is to work with the City of Englewood . I am your liaison and I am here to do anything I can do to solve any of your problems . I know I have worked with staff on a numbur of issues over the year s. The City Manager doesn't hesitate to call me any lim e you need somelhing . So. I am always here to do that. My goal is to maintain the relat ionship th at we have with the City on-gains :hal is really all of my remarks . If you have any questions, I will try to answer them . I am not sure what )vur protocol is. but I have a packet of information. fo r each one of you , that deals with everything from when the p1Jwer goes off , to how to call in when a st re et lig ht is out. There is a way to call the m in thal is easie r than to ha ve staff call me and work through th at process . I'v e got some information on that. I hav e some information on how to save ene rg y ... energy conservation programs ... things tha t you can do at your house an d any of your constituents can do to save energy. So. I've got these that I wo uld just like to give to the Clerk who can pass them o ut. And wi th that. thank s for the opportunity and if th ere is anything I can do. don·t hesi tate to get in touch with me. Mayor Woodward said thank you Tom . Council Member Mccaslin said I would like to say I have me t Tom personally . He has really helped me out with a couple of issues and also he is very visible in the commun ity, with the CM L Conferences and so fo rti1 . I app reciate him when he could probably be sitting behind a desk, but \'0U are really ou t there with the community . And if people do n't know Ih al , all th ey have to do is c;.iI you an d you are ve ry receptive . I • appreciate it as a consu mer ... that kind of response from a busir,e~~ like Xcel. I apprecia le it. Th ank you so much. • • • Eng le wood City Council January 7, 2008 Page 3 Mayor Woodward sa id I wou ld like lo second Iha . In fa ct, I had just passed on a card to Tom tonight , where a customer was tryin g to get iri touch wi th Xcel and I sai d Tom would be lhe guy for our area , so thank you for coming ton ight. Mr. Ashburn said thank you og ain and let me know 1f the re 1s anyth ing I can do to help . (b ) Lyn ne Brown sc:t1d I am th e Direc to r for Adm inis trat ion for Ha bitat for Human ity, I reside i11 Denver. Thank you so much for lhe opporlunily 10 address you lhis evening . Before I gel slartod wi th my remarks, I wan ted to tell you how much I app re ciate Cily Hall being on the light rai l line . Our office at Hab itat is also on the li ght ra il line and given the weather and what net, I thou ght , it is going to be a lot eas ier to take ligh t ra il dow n here than dr ive ... so it was a very , very easy trip down . I ree1 i:, dppre ci ate the whole Civic Ce nt er, how everyth ing 1,,ok s and how easy It is lo access . She said I thi nk that you a11 have packets as part of your preparation fo r th is evening's meetin g, so I am not go ir.g to go ove r all of the inform ation that is in there . Tnal is rea lly backgrou nd fo r yo u. We are in the process of de ve loping a project very similar to th e on e that we cu rrently ha vt. und er const ruct ion at We si Va~sar and Wes t Hillside . We were informed a fe w months ago about another parcel that is just with in a cou ple of block s of this particular project , on West Horva rO . It 1s at West Harvard and Wyandot...just to give you an idea of th e localion. And agai n, it is a large lot that can be subdi vided and it would support the building of four attached single-family homes for a total of 8 homes . We are absolu tely th rille d with the project that we are do ing right now on Vassar an d Hills ide and have had re ally good C ity support for that project. There also have been people from the County out working on the project JS well. We have the property under contract and are looking to bu y it some time in the firs t quarter of this year. As I sa id, it w ill support the build in g of four attached single-family homes and we will work wi th 8 qualified , low incom e, wo rking fam ilies who will buy th ose houses . Our fa milies are selected bas ed on thei r will !ng ness to partner with Habitat, because , not only will they be volun teering a minimum of 25 0 hours to hel~ buil d the houses , but th ey a so pay a mortgage once we sell i he houses to them . They are also selected on their ability to pay a mortgag e ... Habitat is not a gi ve away program, but rather it is a program where we sell the house , they do pay zero percent in teres t on that mortgage . So , that Is one of the th inrs th at makes It so afforda ble to famili es . And the thi rd criter ia th at we use is, the ir cu rr en t housi ng in some way needs to be substandard or they need to be payi ng more th c>n 30 % of the ir monthly Income to wards their ren ta l si tu atio n ... an d we are find ing familie s th at are paying upwards of 50 % of th eir mon thly in come towards housing . There are a coupl e of structures that are on the property right now. We wi ll be demolishing th ose so that we have th e open space th at we need in ord er to bui ld th e houses . It will be su bdivided and it is currently zoned R-2 -A, which means th a1 we can build without any ki nd of rezoning . The ho use sizes will be similar , between 1000 and 1200 square fe el. The way that we fund our proj ects Is we work with our gove 1 nment partners to help us wit h the purchase of th e land and to do infras 'ruc lure . Habitat does not ac cept any gove rnme nt mon ey for othe r than land c1cqui!>ltio n and infrastru ctu re . The n we work wilh everybod y in the private sector, wheth er it be individuals, faith groups, corpora tion s, some times fou ndat ions and org anizatio ns to help us fun d the purch ase of bullding materi:1ls . 1 hey con tribute $85,000.00 to buy the buildi11g materia ls we need to co nstruct the houses . As I men!ioned, we will be pu rch asing lh is propert y in th e first quarter of this year and we wi ll loo k to bu ild on it next year. By the time we get th e property subdivided , house plans logether and find families for th ese units , it will take th e better part of thi s year to do that an d then we can start bu il ding in 20 09 . What I am here to re quest of you tonigh t, is a letter of suppon for this project. We have applied to Ar~?ahoe County to help us fund th e purcha se of the land and as part of that process, th ey really wa nt to know tha t th:s Is a proj ect th at is welcomed by the City and so we need lo give Arapahoe County a letler of supporl. So , lhal is th e first thing that I am req uesting . That le tt er of supp ort would need lo be a vailab le with in. prob ably , l' 1e nex t few da ys ... jusl with their processes that they are work ing or. and all th tt var ious :iin e li nes tha t wo ul d cuo rd lna te wilh that, ii would be impor tant to ge t that done sooner rather th an later. T he seco nd thing tha t I am ask ing for is waiving building perm it fees an d open space dedication fees . Thos e are the same fe es that were wa ived when we did the Va ss ar and Hillside project. The project it self i5 goinG to be over a mill io n dollars and by waivi ng these fees, it does a couple of th ing s: on e, it helps make the homes more affordable to our fam ili es , so tha t we can sell th em at a lower cost and secondly, Arapahoe County likes to know th at th e local jurisdictions are also participating in th e creation of affordable hous ing . The total of what woul d be waived would be very sim ila r to whu 1 was waived this la st time . It is in the neighborhood or aoou t S1,000 .00 ... a litt le bit more th an tha t ... per unit. So, we are figu ring that it will be approximately S8 , 700 .00 that we are asking to havr, wa ived . That really concludes my pr~sentation an d I will stick arou nd until lat er in the Council meeli11g , shou ld you ha ve any qu es tions . Th ank yo u very rr,J ch . Englewood C ity Council January 7 , 2008 Page 4 Ma yor Woodward sa id !hank you 7. Recognition of Unsched u led Public Comment (a) L au ra Bartnick, an Englewood resident, said 1 am he re tonight to request your ass ist rmce 1n • r igh ting a wrong which presen tly exists in Englewood . I ha ve been researching the h istory of th is phenomenon of the zoning code in the last couple of weeks, because I wanted lo know where I stood specifically with my righlc and axaclly t1 ow far the rights of the government extend . II seems that although the Supreme Court chose to allow States to institut e plan ning and zoning ordinances in the 1930's . th ey also instituted a mandate Iha! th e zoning ordinances be recommended for plann ing purposes primarily and lim ited by all possible variances when in dividuals c omplained of private losses . Variances were to be liberally construed for the benefit of th e In dividuals whose property or personal p rosperity suffered by the general planning an d zoning codes . The Englewood zoning ordinance slates specifically that its purposes apply only to land and the use of land. II states specifically the word only. Council , did you know that Englewood zoning ordinance has no provision for roommates or housemates beyond one unrelated person? II effectively prohibits lan dlords from full y realizing the rents they may collect on a th ree to five bedroom home in the City. Secondly. ii pro;1!t,lits university students from seven institut ions surround in g Engle w ood and inside of Englewood : ACC . DU, CCD , Me lro, T elkyo Loretto He ights, the Rocky Mountain Bible Seminary and thn Denver Seminary, from sett ing u,' homes together in Englewood . II also prohibits reasonable single adults from livi ng together. And instead , it criminalizes all of these groups. No, not for drugs, nude dan cing, operating a house of prostitution, housing too many animals or hostin g dog fights, loud partying , bright obnoxious lighting, using up all the parking on the streets ... no it criminalizes them sim pl y for being unrelated . In our situation , Englewood reviewed the plans for lhe build ing a five bedroom single fa m ily residence on Pearl Street. It approved them and charg ed us a hefty fee to build lt,a t house and Code Enforcement has spe0 iflcally driven b y and th anked us for the fine addition to the neighborhood when it was finished . If we had been a married couple wilh lhree children to fill th ose bed rooms . there would be no issue here ton ig ht. But we are a marrie d couple without natural children and we • prefer lo ta ke students and give them a fam il y to cr'!le home to . Nol all students are looking for that, bu! many are. Since our house was fin ished, way outside th . .:o ntracted date of August 5111 , we were too late to host for the school yea r , so we opened our home temporarily to a couple of other si ngle people who wanted a family atmosphere to come home to . A teac her at Teikyo Loretto Height s referred a Korean stude. ~ 10 us, because he W':lS not able to ...... : Ameri can cafeteria rood and was constantly sick . The noise of living in a 5 x 8 concrete cubical next to the men's room w ith pa rtiers coming in and out all hours was preventin g him from sleeping. So, a student came to live w ith us after all. .. a month after school had already started . There is absolutel y no difference in the impact to the Englewood water services, trash services or an y department, whether we fill our bedrooms w ith our own teenage children or with unrelated singles. Our home s ize and purpose was approved by Englewood and Englewood should be stopped from preventing us to use the full of it. It is not the duty of !h e Engl ewood Zoning Depa rt ment to spy into households and determine for their own mali,:lous prosecution what !he re lationships are of !he people in the home. But Engl ewood has overstepped its authority in law and in act ion, by taking away what might have been a special Th anksgiving and Christmas holiday as a householc., and harassing us ceaselessly. T he re lationships of th e people living in a household are none of the governments business . unl ess the people or pen,Jn living in th e residence engages in som e public nuisance er t..,l m lnal act. We have specifically asked our neighbors whAlher we have done something to harm them and they have specificall y den ied any ha rm , yet 1hey have continuall y en lerla1ned lhemselves by gossip an d slander , holding n11 ighborhood meetings indoors and oul, harassi ng us by complaining to th e City and by beginn ing th e City's prosecution against us . Because this Code was written. the way ii was written, w hen they saw a South Korean sl1Jdent 1Aalking to and from the b us stop along th eir streel they conl ronted us. th at we should be liable to them fo r criminal background checks, seeing as it was a South Korean who shot up Virginia Tech . They also Insis ted that we let all of the neighbors know when we had guests and how many guests we were planning to have . We d1> not live in Utopia. Neighbors do not get lo choose their neighbors ... sadly for me. II is not the righ t of the nei ghborhood to classify Iha color or the nationa1ity of those who move in next door. They do not have the right to regulate our guests. It is not okay to stare down th e person w hen he 1s standing on our s idewalk in his ski gear awal:ing a r ide to the slopes. II is not okay to ca ll the Zoning Department ceaselessly to complain . It is not • okay to place duplicate calls harassing our District representative, simply for h im agreeing to bring up the ordinance for re view to nig ht. It is not okay fo r the City Pol ice to stand at the door the we ek of Chris tmas and nng the doorbell ceaselessly for five minutes each morn ing . with the threats of e•,i•.,1ion . II is appalling and it is re pu3nant. Why? Because Cou ncil. the Code th at allows only two non-re lated people to live in any size of • • • Englewood City Council January 7, 2008 Page 5 house , in any size or lot and any size or dwelling, Is simpl y oppressive . America is the place to provide for hop e and opportun ity and unless a crimina l act occurs, a person 1s to be presumed innocent, not prosecuted for not lo oki ng like the other households on the block . II is our posit io n and apparenlly by the way our petit ions are piling up after only one week ... l have three or th em full , so rar ... 11 is the posit ion or many peopl e in Eng lewood who also live and work in Engl ewoo d, that Engl ewood's Code shows Englewood's colors . Those colors right now are not as artistic as Englewood would like to be lieve . II is not within Englewood 's authority to go beyond the purpose or the zon ing law, wh ic h is lo apply only lo land and use, as it's self-described. Th e Code provides tor same and similar uses to be approved by the City Mana ger . One or the members of th e Appeals Committee e-mailed me some of th e history of the adop tion of the En glewocod Code and in ii he repo rts the Community Deve lopm en t Departm en t knew and adm itt ed the Code was not proven and that it had many kinks to be work ed out . From such humble beginnings , ii certainly has been used in a treacherous way, to the letter of the law , against our household and really , how many olher households in Eng lewoo d wou ld be lying empty today and being repossessed by the bank, if the economy in Engle wood enforced th is Code less arbitrarily . So , I would ask this Counc il lo take into consideration the actions of the City of Lakewood wh ich poste d several Study Sassions on the we b regarding this very issue, because the neighbors complained against Colorado Chris tian Un ive rsit y slude nts selling up households together. I th ink that they came to a more liberal conclusion, which Eng lewood might benefit from re ading, yel I believe there is sti ll anO\her cho ice that exists , though farther away . The City of Ames , Iowa came to my attent io n la st night wh ile research ing other Mu ni,:ipal Codes . II simply says , In all single famil y and two-family dwellings , the maximum occupancy ,,fa dwell ing unit will be either one fam ily or one more person than the number of bedrooms, up to five people, prcvldin g there is one parking plac e per bedroom, for units with two bedrooms or more or in a university impac ted area , 1.25 parking places . All I am asking is that the City Council be reasonable and that ii act qu ickly . Englewood has sufficiently reasonable codes lo cover any illicit activity in the City , should It choose lo enforce those codes . They do not need to defi ne households nor legally, should they . t am sincerely, Laura Bartn ick for 111yself, for my husband Bill Bartnick and for our hous ehold , for the community who signed the petitions so far just becau se they know us personally and will vouch for us , our right to privacy and the pursuit for happiness and prosperity . Thank you . Mayor Woodward said thank you . Did you wan t to turn In those petitions or did you wan ; lo ke ep th em? Ms . Bartnick said they are casual petit ions . They probably won 't fulfil l all your requirements, but I don't mi nd turn ing them in. (b) Douglas C· hn, an Englewood reside nt , said I came to night just for one reaso n, although I didn't know much abou t this other thing the'. this lady , Laura , was just talking about...probably need lo look into that . Anyway, I am here to talk about Eng lewood Days and to make a presentat io n lo you all. I brought along a Certifica te of Appreciation from the Eng lewood Days Comn,iltee and a copy of our poster from th is years show, and we wanted to say thank you. We want to say thank you lo the Public Works guys, and Safely Serv ices, and Community Developme nt , and the Finan ce guys and Parks and Rec . There are a whole lot of City folks who worked with us In pulling the show together . And th e City Counc il, you guys did a whole lot of spec ia l th ings for us as well , so we just wa nt ed to say thank you . Severa: Council members thanked Doug . (c) Greg Al le n-Pickell , an Englewood resident, sa id than k ycu for allow ing me the opportunity lo ad dres s th e Council thi s evening . My wife and I ha ve be en proud res idents of Englawood for four years . We hought our first home here in Engl ewood and when we were con sidering where Iv buy a home, there were a .1mber or Important issues that came up for us . Pri ce ob viously was an importa nt factor, but there were other qua lly Important factors to be considered , inc l•Jd ing the look and reel of the ne ig hborhood, th e perceived safely 1 th e neighborhood and our potent ial for hap pi ,ess in the neighborhood . We ruled out homes that were in •lghb orhood s zoned R-2, despite the lower cc,st of thes e homes . You see, for us , multi-un it dwellings and artmen t complexes, Interm ix ed with sing le fam ily homes, change the look and fee l of the neighborhood . Th ey ·ag In a les s per manen t or more trans ie nt population and penple don't always get a chance to know their 1 11ghbors in places that have a mix of R-2 zoning . So . with th at, it also bring s high er den si ty housing, th ere can LI more loot traffic and more au tomobile traffi c throughout th e day and night, in those areas that are zoned R-2 . S 1;, we S!)ent a great deal of lime and effort evalua ting these th ings as we looked for houses . Once we found a ·,e ighborhood we thou ght we may like , with homes in our price range, we would walk through the neighborhood Englewood City Council January 7, 2008 Page 6 at different 11me s of the day and mght to see who was out and how we were greeted by the residents • Fort una tely lhrough th is process , we fou nd the home that we hve 1n .Jn Pearl Street and we are very , very happy with tha t dec ision . All th is work that we did was not in vain . I like lo say tha t we sort of moved in to Eng lewo nd and we mo ved in to a Norm a! Rockwell oa int in g. Our block has de veloped a strong sense of com mu nil)'. We regu lar ly share meals togelher wilh au · ne ighbors , play In lh e park logelher , but we all look out for one J nc oer Unfortunately, we now ha ve a neighbcr on our bl or;k who ls active ly working to underm ine th is incredibl e Sf•rse of community that we crP.a!ed . The Bnrtn icks have violated the City 's zon ing laws and opened up an unaulhorlzed boarding i1O1Jsc ·,n our clock . In lhe few shorl monlhs lhal lhey have had renlers . lhe fe el or our neighborhood has changed . There is more congeslion , wit h addilional cars parked on lhe slreel, lhere are more com plete strangers living in our neighborhood , who have made no effort lo become a part of I his community lhal we have crealed on the Pearl Street block . These renlers are renting space month to month wllhout long lerm conlracts or background checks . The Bartnicks are aclively violaling the City's zcnir,g ordinance and in doing so, they are destroy ing our sense of commun ity and security on Pearl Street. Th i~ is not a simple issue of just violat ing zoning laws . Yo u see , those zon ing laws exist for a reason and we ha ve disco vered that reason . The Bartn icks have nol only violated the lelter of lhe law , bul lhey have also vi olaled the spirit of the law, by brin ging in a mu lli-unlt dwellin!J . with a trans ient and unstable population , to an area that is suppo sed to be populated with sing le fam ily ho,1es , changi ng the na tu re and the intrins ic character ist ic of our ne ighborhood . I urge the City Council to worl,,. m a civilized way lo bring th is violation of its citizens and its sense of community and its zoning laws lo an end and respond specifically to a few or the po inls that Ms. Bartnick made . First, she talks about there being a prohibiti on of unive:rsity st•1dents and un ".1e r the current zo ning laws , in R-1 zoning, that probably is tru e. You cou ldn't have 5 or 6 room mates liv rng in one house . I happen to be a professor at the Un iversity or Denver and I like living in a neigh borhood where I don't have college studenls living noxt door lo me. I spend enough time with lhem on campus every day. And I used lo rent a house on Gil pin Street very close to campus and when I chose where I wanted lo live. I inlentionally moved further away from the Universily so lhat I wouldn't have lo live around co ll ege sludents and moved inlo R-1 zoning, so that I didn'I have to live In a dormllory sty,e setting. Ms . Bartnick staled that our laws allow a married coup le with lhre e children , bu l nol a • mar ried couple with three single people and that is tn,1e . But a mrnried couple with th ree children idea ll y have some coi ,trol over t11eir children , where she has three adults unrelated living under thoir roof and lh oy have no control over th ese people , and unfortunat ely th at scares and undermines the sense of security in our ne ighborhood . Ms. Bartnick stated lhere is no difference in impacl to lhe City in terms of water, lrash or other Cily ser1 lces an d wh ile that may be lru e, lhere is an impacl lo the neighborhood ... to lhe sense of communily ... as I spoke about. Fioally, sh e said tha l lho neighbort,oc,d sla~ed the Cily's prosecution against them. well if it is the C ily's prosecution , then the City is aclually the one who slarted t:10 prosecution . II wasn ·t us. the neighbors , who decided to take lhem lo cou rt. The Cily realizes lhey were ;n facl, violating lhe zon ing laws and lhey did somelhing aboul it, as lhey should and I applaud lhe City for doing lhal and would urge you lo contin ue do ing the same . Tnank you . 1Aayor \fvoodward sa id tha nk you . (d) Miguel Drake , an Englewood re side nl , sor d I am also discussing whal is happening on Pearl Str eet. I have actually run across si lu alio ns where it has Impac ted my life . I feel less secu re now an d th at is primaril y due lo the fact lhal lhe persons who are living lhere do nol have a vesled intere sl in the securl ly or lhe block . Th ere are people rr>0ving in and cu l , whom I don't know and who don'I know me, and th at is a greal conc ern lo me . There is very lillle else lhal I have to say . I was al lhe firsl mealing with the Bartn icks, when we altempled lo re solve lh is in a neighborly fashion ... lhal immedialelv collapsed and I consider lhal lo be an unfortunate state of affairs . I would add th is, ove r the course 01 the cons tru ction of the ho use, th ere has been a con sis ten t unw l11 ingness to fol low th e lett er of the law with regc:Jrd s to zoning . with re91:1,rds to perm itting, and wilh reg ards lo construction . Beyond that , I have very li ttle else to say. Thank you for your lime this eveni ng . Mayor Woodward sa id lhank you . (e) Anne Drake, an Eng lewood re sident, sa id my husband , my yoLlng son and myself live in Dislrict • I, next door to the Bartnicks . They are attemp ling lo gel a zoni ng va riance . Th ey want the variance to allow th em to have up to four ren t paying boarders in thetr house . Currently, the Bart mck s are ren ting ou t rooms in violatlon of lhe cur rent slat utes . I am oppo sed to a variance or any change to the zoning statutes lh at wlll allow tt,e Bart mcks lo contmue to rent si ng le re ams in th eir house or lo run a busmes s next doo r to my home . • • • Englewood Ci ty Council January 7, 200 U Page 7 Recen tly, Ms . Bartn ick distr ibuted a letter lo th e commun 1ty . Ms . Bartn ick states that she ha s helped divorcees th rou gh transition and drug abu sers by remova l from temptation . Th e Bartn icks rent room s on a month lo month bas is with no lease agreements . I can 't allow a bus iness based on rapid turnov er of anonymous drug abusers and other transient clients to occur next to my home . Thank you very much for le tt ing me speak . Mayor Woodward said thank you . 8. Communication s, Proclamations and Appointments Tl.ere were no communications, procla mations or appointments . 9. Consent Agenda (a) Ao~;oval of Ordinances on First Readin g There were no aduitional Items submitted for approval on firs t readi ng . (See Agenda Item 11 .) COUNCI L MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) Ii), (ii ) and 9 (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINAN CE NO . 1, SERIES OF 2007/2008 (COUNCIL Bill NO . 74, INTRODUCED BY COUNCIL MEMBER O AKLE Y) AN ORDINANCE AMENDING TITLE 4. CHAPTER 7, SECTION 11, O F THE ENGLEWO OD MUNICIPAL CODE 2000, PERTAI NIN G TO THE EXT ENS IO N OF THE LIMITED WAIVER OF THE WAST E T RANS FER SURCHARGE . (ii) ORD IN ANCE NO . 2. SERI ES OF 2007 /2008 (COUNC IL Bill NO . 75, IN TRODUCED BY CO UNC IL MEMf'ER. OAKLEY) AN ORDINANCE AMENDING TITLE a, CHAPTER 8, SECTION 3 (C) (2) (b), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO REFLEXOLOGY LI CENS IN G . (c ) Re sol utions and Motions (i) RESOLUTION NO . 1, ~ER IES OF 2008 A RESOLUTION DE SIGNAT ING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECON D FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE f'OR All LEGAL NOTICES OF THE CITY OF ENG LE WOOD FOR 2008 . Vote results: Ay es: Counc il Members Penn. Mccasl in, Moore, Woodward , Jefferson . Wilson, Oakley Na ys : No ne Motion carried . 10 . Public Hearing Items No public hearing was scheduled before Council. 11. Ordinances, R,solutlon and Motions (a ) Approval of Ord inances on First Reading Eng lewoo d City Council January 7, 200 8 Page 8 (i) Inte ri m Director Vanderm ee present ed a recommenda tion from th e Safety Serv ices Dep artment to adopt a bill for an ordinance aulhorizlng th e approval of a Wa iver of llirect Subg ranl Awards for the Colorado Di vision of Cr iminal Just ice Juven ile Accou11tab ilily Incentive Block Grant Program . He said the Po li ce Division , of th e Departmenl of Safety Services is recommend ing the City Council adopt a bill for an ord inance that waive s its Direct Subgrant Award , Ju ven ile Accountability Incentive Grant, for the grant per iod of October 1, 2007 lo September 30 , 2008, in favor of the 18'" Judicial Dist rict Juvenile Assessment Center as described in the ordinance . By background , the Juvenile Asses sment Cmter has beijn in operatio n fo, seven years . It provides, primarily to the Police Divi sion, a source for when we come in contact with ei th er ju venile criminal offenders or juvenile status offenders ... it provides a location fe r th e police offic ers to tr ansport the se juve niles , drop them off in a reaso nable amount of time , trans iti on u,em, rel ea se custod y to the Juven il e Assess me nt Center and then allows the pol ice officer lo get back into service . The fiscal year 2006 and 2007 ... July lo June ... we transported 71 juveniles lo the Juvenile Assessment Center, and, again, those are both for status offens es an d for criminal offenses . Without that resource, offic ers wo uld be t1·ansporting those ju ve niles to the station where the y would have lo m&inlain custody of them . Just the cus tody by itself can lake up to 3, 4 or 5 hours, If you can't <oca le a parent or responsible person . To clarify, the Assessment Center is primarily funded through two sou ,ces ... Fed era l Grant r,,onies and match funds from the participating agencies . Whal the ordinance will do is automatically transfer the Federal Grant monies , lhdl we would receive , directl y lo Ara pahoe County, then without the transition of funds , we wouldn't have lo sign the waiver and then we just pay our match funds, which ,s based on a 50% match, of Ire number of clients that we provide and also on the popu lat ion of the City of Englewood . He said if you ha ve any questions , I woulc be happ y lo try to answer those . Mayor Woodward asked if there were nny questions . There were non e. COUNCIL MEMBER OAKLEY MOVED, ANCl IT VIAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) - COUNCIL BILL NO. 1. COUNC IL BI LL NO. 1, IN T RODUCED BY COUNC IL MEM BER OAKLEY A B ILL FOR AN ORDINANCE AUTHORIZING THE APPROVAL OF A WAIVER OF DI REC T SU BGRANT AWARDS FOR THE COLORADO DIVISION OF CRIMINAL JUSTI CE JUVE NILE ACCO UNTABILITY INCENTIVE BLOCK GRANT PROGRAM . Mayor Woodward asked if th ere was any discuss ion. Mayor Woodward sa id I jllS I wa nt to make the comment that the chart attached lo the co uncil bill shows that Juvenile Assessment Center Federal Grant Fund ing was $429 ,231 .00 in 2001 and ~ijS ,707 .00 in 2008 ... quite t1'e decrease . Mayor Woodwar d asked if the re was any further discussion . There was non e Vo te resu lt s: Mo ti on ca rri ed. Ayes : Council Me mbers Penn, Mccaslin , Moore, Woodward , Jeffe rso n, Wilson , Oakley Nays: None Mayor Woodward said tt,·,nk you Tom . (ii) City Attorney Brotzman ~resented a recommendatio n lo adopt a bill tor an ordinance • • authorizing th e amendment of Tille 7, Chapter 6A, Subsection 4 of the Englewood Municipal Cod e 2000 pertaining to Harassmen t, tJ brin g the City's ordinance in line with State Statutes . He ~;a id th is ordl ni!:nce is an • upda te as to two matters . One is , as to technology ... there has bee n an increase in comp ut ers, comp uter networks , wh lch the prior statute and/or ord ina nce did not take into account. The co•orado Statutes were upd ated to correspond with case la w, pri mar il y in the area of stalking . wh ich Is addres:.cd. The proposa l under • • • Englew o od Ci ty Co uncil January 7, 2008 Page~ the Englewood ord in ance is to mirro r the State la nguage, which would tak11 into account the changes in Colorado case law . Mayor Woodward asked if there were any questions or comments for Dan . There were none . COUNCIL ME MBER MOORE MOVED , AND IT WAS S ECO NDED , TO AP PROVE AGE ND A ITEM 11 (a) (ii) - COUN CIL B ILL NO. 2. COUNC IL BILL NO . 2, INTRO DU CED BY COUNCIL MEM BE I~ MOORE A BILL FOR AN ORDINANC E AMENDIN G TI TLE 7, C HAP TER 6A, SEC TION 4, Of THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAININ G TO HARASSM ENT . Mayor Woodward aske d if th ere wa s any discussion . Th ere was no ne. Vole res u lts: Motion carried . Ayes: Counci l Members Penn , Mr.Cas lin , Moore , Woodwa rd , Jefferson, Wilson, Oakley Na ys : None (iii) Int erim Dire ctor Va nd erm ee presen ted a recommenda tion to approve a bill for an ordinance amending T itl e 1, Chapter 6 of th e Englewood Municipal Code, Departm ent al Org anization . Th e recommended ch ange to the ord inance wo ul d formalize a proposal from the Dep artme nt of Safety Serv ices to re-establish separate Pol ice and Fire Departments. He said thi s has been discu sse d previ ously in a Study Session . With the retirem ent of th e form er Director of Sa fety Servi ces , it prov ided the City with an opportunity to evaluate and study what the best co urse of action was .. whe ther it co uld pro ceed with replacing that position or consider the reorg aniza tio n of Emerge ncy Services, oack to a traditional Police Department and Fire Department. Again that has been discus se d. He said I would be happy to answer any specific questions that anyone m ight have . COU NCIL MEMBER OAKLEY MOVED , AND IT WAS SECONDED , TCJ APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 3. CO UNC IL BILL NO. 3, INTRODUCED BY CO UNCIL MEMBER OAKLEY A BIL L FOR AN ORD INANCE AMENDING TIT LE 1, CHAPTER 6 , SE CT IONS 1 AN D 2, OF T HE ENGLEWOOD MUNIC IPAL CODE 2000 , PERTAIN ING TO THE REORGANIZAT ION AND EST ABLISHMENT OF A FIRE DEPARTMENT AND A POLI CE DEPARTMENT IN THE CITY OF ENGLEWOO D, COLORADO AND VAR IOUS OTHER SECTIONS TH AT REFERENCE SAFET Y SERVICES . Mayo r Wood wa rd asked if th ere was any discussio n. There was none . Vot e res ults : Motion carried . Ayes : Counc il Members Penn , Mccaslin , Moore , Woodward , Jefferson, Wilso n, Oakley Nays : None (b) Approval of Ordinances on Second Read ing There were no additional items submitted for app,oval on second reading . (S ee Agenda Item 9 -Consen t Agen da.) (c) Resolut ions and Molion s Englewood City Council January 7, 2008 Pag e 10 Th ere were no ad d1t1on al resol:.J tion s or motions sub mi tt ed for approval. (Se e Agenda Item 9 • Cons en t Agenda .) 12 . General Discussi on (a) Mayor's Choice (i) Mayor Woodward sa id I would like lo bring up the Habitat for Humanity request for a letter of support. Having been a worker for Habitat for Human ity , I fully support what your mission is and what you do here and elsewhere across the world . Is lhere any objection !o lhe leller of support lo Arapahoe Counly? He said as lhere is none , I will ask 10 move thal forward . And lhen also, I would like to ask lhat we bring forth a resolution, at our next meeting approving the waiver of the permit and Open Space dedicatior1 fees for lhe projecl lhat has been proposed . • Council Member Penn said are we allowed lo ask questions al lhis time of Lynne? Mr . Woodward replied yes . Mr. Penn said lei me preface this by saying I did happen go over to Vassar and sneak into lhe houses this weekend , actually they were open , and there was a very nice gentleman that showed me around . A cou:1le of queslion s ... lhe residents that you bring inlo your houses, are they from the City of Englewood, Arapahr,e Counly, Co lorado ... where do you gel most of your famil ies . Ms . Brown sai d I hey are primaril;· from l ho metro area . Mr . Penn said frc,m the metro area? Ms . Brown said yes . Mr . Penn said are there any stats on how successfu l the se new owners are and how long they slay in the houses ? Ms . Brown said you bet. We have built, oh it will be somewhere in lhe neighborhood of 335 houses in the history of Habilat Metro Denver. We hava been in existence for 28 years now , and 15 to 18 homeowners in that period of time have ever so ld their hous es. So it is a very, very stable population . Mr . Pen n said if I co:.ild ask one more question ... one house that I looked al was a two bedroom and lhe olher was a fou r bedroom ... is lhere any idea what type of houses you • are going to put in this new developmenl? Ms . Brown said it v•ill all depend on the farr:ily size, it will be lwos, threes or fours. In all probability, it will probably be either lhre~s or fours . We had some families that needed two bedrooms and th at is why we did one of the paired hom es as a two bedroom, but olher houses on Hillside are lhree bedrooms . Th e ones on Vas :s ar ... there is one set of fours an d one set of twos. So, once th e families are selected tha'. is when we determine how many bedrooms will go in . Mr. Penn said thank you . Council Member Penn said lhank you Mayor. Mayor Woodward said as I recall, al a Studv Session go ing ba ck when you were building the Warren house , the numbers with regard to defaulls of Habital'·; cl,ents lisl, was incredibly low ... il was phenomenal, actually, how low it was . Ms . Brown said I think we hav ;~ had lhree in th e history of the organization, to date, so we are le ss than 1 % on the foreclosure rate . Mr . Woodward said part of the buyer's investment is their sweat equ it ies, so I think lhal really says somelhing . Mr. Woodward thanked Ms . Brown . Council Member Penn thank ed Ms . Brown. Ms . Brown said th ank you . (ii) lvtayor Wooo~vard sai d CML has a session class going Friday and Saturday . I know there are some people on Council that would like to go to those . I know I would like to attend the Friday class . believe it 1s $79 .00 or $75.00. Council Member Penn said I would like to allend lhe Fr ida y on e also . Council Member Wilson sai d I would like to allend Salurday. Mayo r Woodward asked if lh ere was anyone else . Ther e was no one . COUNCIL MEMBER MOORE MOVED, AND IT WAS SEC ONDED , TO APPROVE T HE EXPENSES FOR TH E • CML CON FE RENCE FOR COUNCIL MEMBERS WOODWARD , PENN AND WILSON. Mayor Woodv,ard asked if there was any discus sion . There wo.:. none . • • • Englewood City Council January 7, 2008 Page 11 Vote results: Ayes : Council Members Penn , Mccaslin, Moore , Woodward, JeffersJn . Wilson, Oakley Nays . None Motion carried . (i ii) Mayor Woodward sa id I jusl want lo remin~ everybody cf lhe Nalional League of Cilies' applicat ions . I will be filling out mine this week ant.1 would like to g, he numbers, so I can bring it forward in resolution form . And whoever is planning on attending that in Marci,. I th ink it is to our advantage :f we can fill :hem oul 2nd gel lhem in logelher, so lhal we can gel in lo lhe same holel and sluff. II jusl works a lillle belier, I believe . (b) Council !V embers' Ch oice: (i) Co uncil Membe r Wilson said I have somelhing lo bring up ... ils !rash . I wanled lo see if I could gel support from Cily Council lo bring th is up ... regarding having a single trash compan;· pick up all the tras h in Englewood . A conslituent has e-mailed me and I was going lo bring it with me and forward lhal on lo people . I had pul this in as a Council Request and KEB said thal they had looked into lhis at the end of the 1990's. I would like to look into this and have some fe edback from Public Works about It and see if II could be brought up in Study Session . I was wonde ring if I could get agreement from everyone or consensus . Mayor Woodward said to br ing that forward in a Sludy Session or put it on the agenda. Ms . Wilson said because of the "greenness" of ii and lhal you would have one company doing it, you have one sel of lrucks going and not all the resl. Council Member Mccaslin said you are talking about the trnffic pattern and helping save the side streets and so forth . And the alleys, Ms . Wilson said. Mr. Mccaslin said defin itely, I would like lhat discussion . Council Member Penn said I am t:~.e wit h it. Council Member Moore said I do think it ,.:i a subject worth revisiting , It is on e of those limes where it has been specificallr addressed , so I would like to see it in a Sludy Session . A little bit of time invested in lhe history of it and maybe a lillle bit of lime invesled in what II would mean to really move forward ... again being conscious of slatt time. Again kind of really knowing, th is has been very consciously addressed. so we would nee d to be looking al th '; now and saying circumstances have changed enough that ii is worth rev isiting in more depth . But I would lo ve 10 hav e the discussion, bec au se I can tell there has been chang es in the circumstances that weren't lh ere the lasl time this was lo•1ked at. Council Member Wilson said I thi n• ii was 1999. Council Member Moore said lhere are a lot more providers going down my alley every week . Council Member Wilson said e xaclly. I think what I want lo do, if ii is okay, I could send everyone lhe e-n ,ai l thal I received from the resident. She had some very good poinls and I could pass lhat on to Gary, and if Dan wanted a copy, and send that to everyone . Mayor Woodward said I think we have consensus to move it forward on to the agenda . Council Member Oakley said I don'I mind the discussion. I don't lhink that lhe opin:on of the people wan lir,g their choices has changed, but I d:,n't mind having the disc•;ssion . (ii ) Council Member Penn : 1. He said I wan t lo lhank lhe Englewood Po lice Department for my little visi l Thursday. Thank you Tom . I had a good ride-along wllh Sergeant Gary Condreay and learned an awfu l lol abou l lh at. Englewood City Council J an uary 7, 2008 Pag e 12 "J . He said I also had the opportunity to tour the three cen ters for the 1 :,g !ewood Housing Authority. Dawn Shc:!pherd did a great jo b Informing me anti gave mP :..ome great information . We got to go int o Gloria's ho.1se .. she lives in Orch ard Pl ace. If you get a c.-,ance to meet th is la dy and I don't know her las t name. but s1,F. is a swee theart. She lives up on the fifth floor . She invite d u:; into her house and we got to see the reside nce an d she invit ed U!; for coffee . II was actually very entertaining . 3. He said and I don't know 1f th is is for eve rybody , bu t I woul d like to know more about th e volun teers th at help remove snow for the Cily. Is th at some th ing, Gary, where you could make the request? t jus t wa nl to know where we are with that an d Nho we can help wi th tha t. Cit y Manager Sea rs said yes . Mr. Penn sa id than k you . (iii) Council Member Mccaslin : 1. He said I want to lh9nk the Bartn icks for r.o ming to ex pla in your situation, but in some of th e written st uff, it was very negative ... I was ca lled a sp1der ... l don't think I'm a spider an d I th ink the. comments in your co rresp ondence about lh e City Manager and some of the Cit) staff is real negat ive . In .ny line of work, as far as teach ing err.otionally disturbed kids , teach ing soc ial skills and be ing an ump ire for 39 years, I have learned that yo u get more with honey than you do with vi negar . To me it was very negative and I'm not a spider . 1'·1a neve 1· heard from you, I've ne ve r talked to you and so putting me in a gender as a spider wa s pretty offensive and I am sorry. And to be hon est with ynu , I would not want a house next to me with three or four unrelated people . Thank you . 2. He said I also participated in a ride -along last Wednesday , with Jason Pearson . I had to teach school • the ne xt day and I said I have to get home early . We were ge tt ing ready to leave and we had a bar fight in Englewood and of course, that tool. another hour and a half and I got home about 3:30 . I slept until about 5:30 . But I'll tell you what , Jason Pearson is great with graffiti. He's on the Task Force . I vi sited every grar:m site in Englewood that night. I rea lly enjoyed it. I went on a suicide ca ll . I went on a felony ca ll. I mean , what an • enjoyable evening . And the se guys do a wonderful job. It is open to anyone . I think as Council people we should do it on a regular bas is, bel.'.:aa use the guys love ii , ii can show you what Englewood is abou t and you rea ll y ge t a true handl e on it. You know , I grew up in Englewood ... in fact l was born here ... so I've se en th e chang es in Engl ewood . But the Police officers are so responsive and I would like Sam Wat son to relate th at to the staff. .. l app reci ate all the work th at these ,fficers do. And som e of the oeople they come across ... God Bless you . Th ank you . 13. City Manager's Report (a) City Manager Sea rs said I woul d like lo in form Council thal we have lhe aud itors lha t ha ve just started to work on ou r finances from last year . It does look lik e our finance s cit the end of the yea r were po si tive. We wi ll get th al information to you . Our sales taxes did app ear lo be up , but I know Fr ank hasn't finis hed th e report ye t and I will oe com ing ba ck to you . (b) City Man ager Sears sa id today we fi nished lhe bu dget calendar for this year already, it's already a new yea r. And th e first item on the lis t is January 28 th . Tha t will be lh e City Council Retr ea t disc ussio n. which really ties in to our whole budget process and actually wh al we sen d to th e St ate and what we send nalionally to be accredited . The budge l really starls with goal setting by lhe Council on what needs to occur. And so, lhat is the first thing out of lhe chute, so there really is a purpose for that. As a follow up , in th e pas t, we gave a book out to Council. I'd have to say th at part of toe book is act ually pretty well wr itten and the other half. I'm no t sure it tie s in wi th the back half, but the Counci l is given "The Pr ice of Government, Getting the Resulls We Need in Th e Age of Perm anent Fis ca l Cr isis". We have ordered these books for th e new Council members and even a co uple for the older Council members, basically to give some flavor about our Outcome Bas ed Bud geting process , so th at th e reve nues tie into the goal s th at the Council sets up . And so , you will be seeing this in a while. Again, I wi ll have to say, you might want to skim some of it, but from a philosophical viewpo int , it ha s been th e th ing lha t has kind of driven our staff an d driven our budg et process . We are reall y actually looking • forw ard to ree stablishing tha t, th at is whe re we wa nt to go with the new Council. t4 . City Attorney's Re port • • • Englewood City Council ..ia r uary 7, 2008 PaJ e 13 (a) City Allorney Brotzman sa id Mr . Garrell me ntioned in the Stud y Session, I am requesting the appo intment of Michael A. Lis i from Honigman Miller Schwartz and Cohn LLP as Special Counsel for the renamin g/trade mark ing al the Englewood Golf Course. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE THE APPOINTMENT OF MICHAEL A. LISI FROM HONIGMAN MILLER SCHWARTZ AND COHN LLP AS SPECIAL COUNSEL ASSOCIATED WITH RENAMING/TRADE MARKING THE ENGLEWOOD GOLF COURSE, Mayor Woodward asked if the re was any discuss ion. Them was none . Vote results : Motio n carried . Aye s: Cou ncil Members Penn , Mccaslin, Moore, Woodward , Jefferson, Wilson, Oak ley Nays : None 15. Adjournment DWARD MOVED TO ADJOURN . The meeting adjourned al 8:44 p .m . ~a.~-