HomeMy WebLinkAbout2008-01-22 (Regular) Meeting Minutes•
•
•
ENGLEWOOD CIT Y COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY , COLORADO
Regu la r Sess ion
January 22 , 2008
1. Call to Ord er
The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:34 p.m .
2. Invoca ti on
The invocation was given by C;ounclt Member Mccaslin .
3. Ple dge of Allegiance
The Pl edge of Allegiance was led by Council Member McCashn .
4 . Roll Call
Present:
Absent :
Cou ncil Members Jefferson, Moore. Penn , Oakley, Mccaslin. Wilson ,
Woodward
None
A quoru m was present.
Also present: City Manager Sears
City Attorney Brotzman
Deputy Cit y Manager Flaherty
City Clerk Ell is
Fire Int erim Director Palt arozzi . Safety Services
Director Gryglewicz , Finance and Adm inis trati ve Services
Director Fonda , Ut ili ti es
Director Kahm , Publ ic Works
Director White, Community Development
Police Commander Watson . Safety Serv ices
Direclor Bl ack, Pa rks and Recrea tion
Eng ineering /Capital Projects Adm ini stra tor Hend erson. Public Works
Recreation Services Manager Hultberg , Parks and Recreation
5. Consideration of Minutes of Pre vious Session
(a) COUNCIL MEMBER JEFFERSON MOVED , AND IT WAS SECONDED , TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 7, 2008.
Mayor Woodward asked if the re were any changes or add itions . There wer e none .
Vote results :
Motion carr ied .
Ayes : Council Wembers Penn . Mccaslin , Moore, Woodward . Jefferson ,
Wilson, Oakley
Nays : None
6. Reco gnition of Scheduled Public Comment
Eng lew oo d City Council
J anuary 22, 2008
Page 2
(a) Mayor Woodward said there are Aid to Other Agencies rec ipients presen t to accept t11e Clly's
financ ial co ntr ibu tions for 2008 .
Mayor W oodward presented th e checks to the recipients .
Betsy Schwarm accepted for Arapahoe Philh armonic . Sre said thank you ve ry much .
Mike Guthrie accepted for Be acon Cen ter. He said th ank yo u si r, I appreciate It.
Be cky Todhunter accepted for Cornerstone Fo od Bank . Sh e sa id th ank you .
Tasha Kell acce pted for Doctor's Care . She sa id lhank you .
Jodi Litchfield and Linda Torres accepted for EHS After Prom . Mayor Woodward said Jodi Is also a very
wonderful chaperon , If needed . She sa id thank you .
Janet Moore accepted for Englewood Cultural Arts Assoc iation . She said lhan k yo u.
There was no one to accept for Food Bank of the Rock ies . Mayor Woodward sa id we will see th at th ey get th is .
Patrice Nelson accepted for Gateway Shelter. She sa id thank you .
Carrie Christensen accepted for Hosp ice of Metro Denver . She said thank you .
Sondra Blythe-Perry accepted fo r Inter-Faith Task Force . She said thank you.
There was no one to accept for Liv ing Branch Food Bank. Mayor Woodward said we will get this to them .
Rhonda Hackett accepted for Meals or Wheels . She said thank you .
The re was no one lo accept for Metro Mayors and Comm iss ioners Youth Awards . Mayo r Woodward sa id I will
see that County Commissioner Beckman gets this tom orrow .
Mark DeHaven accepted for Special Olympics . The children who altended with him came forward . He said
they are alt in difference uniforms . Beth i~ one of our gals that just came back, in Ocie .,er, from the World
Games in China . He said thank yo u.
Eric Bertoluzzl accepted for Up Close an d Musica, He said thank you .
7. Rec og nition of Unscheduled Public Comr.-ent
(a} Doug Cohn , an En glewoo d resident , sa id one of th e classic stories in Western Ci vilization was
•
•
written by Homer. It was called tre Odyssey and th e main character is Ul ysses . At one point during the sea
journey, th e ship ne eded to sail '.,y th e is land Inhabited by th e si rens . Th e sirens san g sweet and Irresistible
songs tha t promised wisd om, riches, glory and fame to thos e who would just listen . All tha t travelers needed to
do wa s slo p at the island . Th e si ren son gs were cra ft ed so eac h perso n would hea r what they wanted to hea r.
Th e si ren songs were dec eitful , but sounded really good . Ulysses had been warned that listening to the siren
sunp s was a rea ll y bad and dan ge rous id ea, so he ord ered all his men to put wax in their ears, so th ey could not
hear the mus ic and they got safe ly by the sirens . De criminalizing Code Enforcemen t is a siren song . It
prom lses to free you from the statutory fine lim its in effect now . You co uld charg e as much as you want for
violations . It prom ises lots of new money .. .il could even help balance the budget. II prom ises lo Improve the
lr,ok of our town . It prom ises to be a new weapon to 'JSe against the sla ckers who do not tak e care of th ei r
Mspons ibil it le s. It prom ises to redu ce th e case load at the mun ici pal court . Th e sirens si ng a very swee t song . •
But, It will ta ke away du e process rights gu arant ee d by the Constitution and du e process is the very foundatio n
of th e legal relationship be tw ee n ci tizens and thei r government. Bu t the song is very hard to res ist. Alm ost
everyo ne follows the rules . This plan would punish th e comp liant who makes a mistake and th e slackers wlll still
•
•
•
Englew ood City Council
January 22 , 2008
Pag e 3
be slacke rs. But the song 1s very sweet and hard to res isl. Our whole polit ical and legal system works by !he
voluntary compliance of us all . Th is act ion will damage the la w abiding and under mine confidence in
governmen t. But the song is very hard to resist . Plac in g liens on people 's homes , when they don 't pay the ir
fines . is a terrible idea . But the song Is very sweet. The evidence is not conc lusive that th is app roa ch ma kes
lhe c,l ies look better, bul ii does raise a 101 of money and lhe song is very hard lo resis t I rea lize !here is nol
even a bill before C ily Council ·.,I this l ime . II is bei ng seriously considered by lhe Code Enforcemen l Ad viso ry
Committee and quite a few people are listen ing very carefully and the song is very sweet and hard to res ist.
Don '! do lhis . Pul the wax in your ears . like Ul ysses and his crew. Decriminal iz ing Co de Enforcem en t is a siren
song . The sirens are singing . Don't do th is. Put wax in your ears . Sai l on by the siren s· is lan d. Don 't stop at
th e is land . don 't listen lo the song . It will damag e our community . Thank yo u.
(b) Karin Ros vall-Clausen , an Englewood residenl, said I am a lo ng l ime citizen of Englewood .
Aboul two weeks ago I sen t a letter via e-mail, to all of you , in wh ich I proposed that the zoning law s in l he R-1-
C Distr ict be chang ed to al low the creation of "~1 nall lots" as defined in the Unified De velopment Cod e and to
allow the ex istence of mulli-fam ily , for -sale h•imes. Be tween lhe lime I sent my e-mail and l onighl , It was kindly
pointe d out to me lhal I did nol menlion my pe rsonal reasons for asking for these changes. So, !h is is why I
have come here lonighl. In the spring of 2005, my husband and I lea rned aboul the potential prob lems bu yers
can face, when dealing with non -conform ing properlies, when we purchased a 4-plex lo caled at 4600 an d 4606
South Delaware Streel. During this process, two lenders pulled oul of l he transaction at the last minute, despite
mine and my husband 's excP.llent credit ratings, solely because of the property's non -co nform ing statu s. In the
end , ou r loa n officer was able lo ronvince the second lender to follow through with the deal by prod ucing a letter
he sa id was from lhe Cily , which stated the property could be rebuill despite the non-conforming status . Al l he
closing , I received a copy of this letter and ii was nol from lhe Cily on Cily letterhead , but a letter he had typ ed
staling he had talked lo a person with the lille of Perm it Tech , who verified lhal if the property was destroyed th e
Cily will allow it to be reconstructed . As a resull of our naivete, and some questionable praclices on the part of
our loan officer , we were now th e owners of a non -con forming 4-plex . In the beginning, we managed th e
property ourselves, bu t soon realiz ed tha l wit h full -lime jobs and a daughter under the age of o ne, we were not
capable of th e ha nds-on management our property requ ir ed . We then hired a property 111anager lo take care of
1he day to da y management. Since th is time we have evaluated this investment and decided ii is no longe r a
good fil for ou r family. In June of 200 7 we put the prope rly up for sale, and through Oclober, in nearly all th e
fee dback receive d from the showings , we were informed inves tors we re not Interested in th is property beca use
the size and layout of th e units were outd ated . Al so, it did not includ e ma ny ame nities newer ren ta l propertie s
offer, such as wa sh er and dryer hookups , and ind ivi dual met ers for each un it. Faced wit h a non -c onfor mi ng
label and the perception lh is property was outdated, I began search ing for crealive solut ions . Al this point, th e
idea of divi ding lhe properly into two lols , se ll ing ii an d having ii developed , seemed like a practical answer. Nol
bei ng an expert on the zo ning laws , I th oug ht I had two lots since I had two addresses and two gas and electric
meters. However, when I contacted th e City's Commun ity Development Departmen t, I was informed th e
minimum lot size for lhe R-1-C Dislricl is 6,000 square feet , with a m inimum wid lh of 50 feel in lhe fronl. Th e
property's lot dimensions of our 4-plex , according to the Arapa hoe Counly Assessor, are 9,949 squ are feel wi th
a wid th of 75 .2 feet in th e front. Thi s is sma ller !han the mini mum dime ns ions. th ere fore, acco rd ing to zoning
laws, I did no t have enough rea l estate to divide th e properties in to tw o. This answer did not make sense to me ,
because I sl ill fell like at some point I had two lots that were combined into one . I decided lo look in lo the zo ning
laws mysel f an d th is is when I saw the dimensions for a "sma ll lot" in !he R-1-C Distr ict. Tl1 ese dimensi ons only
req uired a lot lo have 4500 square feet, with a wid th of 37 feet in the fronl. In th e R-1-C Dis trict th ere are
approx imate ly 50 propertie s that cu rr ently exist with these dimensions . These di mens ions would all ow r,e to
divide my propert y into two , so I was confused as to why I was told that I had to have -:\ minim l ,m of 6,000
squ are feel, with a w idlh of 50 feel for each lol. So, I called lhe Cily Communily Devalopmenl Departm en t an d
ask ed a ser ies of question s, which I followed up wit h an e-mai l and recei ve d a written res ponse . First , I asked
why I cou ld not use the defin ll ion of a "small lot" 10 be ab le lo divi de my properly. T he Community Developmen t
Dep artmenl inform ed me th at the "small lot" dimensions only apply to properties th at exis led on or before
February 23 , 2004 . Second , I asked what date lhe minimum lot dimensions of 6,000 sq uare fee t with a
minimum wi dth of 50 feet were eslab lish ed by th e City . Again , I was in formed these minimum lot requirements
were adopled in 1955 . Then I asked if I could get a va rian ce on lhe minimum lot size . Al this point , I was told a
variance was no t allowed becau se th e "Boa rd shall not consi der a zoning variance app lic ation to rlllow add itional
dwelling units in residen tial districts above the maximum number perm itt ed by zone district standards for lot area
and stree t fron tage ." I would lik e to po int out tha t th is ans wer does not ad dress my question . I'm not as•:i ng for
Englewo o d Cit y Cou ncil
Janu ary 22, 2008
Page 4
a variance to build addilional dwelling un its on my current lot , I'm asking for r variance on the ability to create a
"s mall lot". Finally, I asked th e Commun ity Development Department for an) •elp or advice they cou ld provide,
to help me find some type of solution or compromise that would allow me to r1ivide my property into two . The
final response I received was I could address City Council and ask them to change the zoning laws . That is
why, two weeks ago, I sent my letter. That is why I am here tonight . I need to tell all of yo u my story and to ask
you to strongly consider my proposal. All I intend to accomplish is to be able to free my fam ily from th is
property, whil e minimizing our losses . Th is proposal will help my family achieve these goals and at the same
time the City can benefit from the potential lncrease in re venue . Ir you have c1ny questions or concerns, I would
be more than happy to talk with you . Thank yo u for yo ur lime and consideration .
Mayor Woodward said thank you . He said at this point In the meeting , we don't have a discussio n, but it may be
revisited under Council Members' Choice . Technically that is when we would discuss this .
8. Com m unicati ons, Procla mation s an d Appo intm ents
(a) A letter from Robert Zuccaro announcing h is res ignation from the Code Enforcement Advisory
Committee was considered .
COUNCIL MEMBER WILSON MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNAT ION OF
ROBERT ZUCCARO FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE.
Mayor Woodward asked i; the re was any di scussion . There was none .
Vote results :
Ayes :
Nays :
Motion carried.
9. Consent Agend a
Council Members Pen n, Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
None
(a) Approval of Ordinances on First Reading
There were no additional items subm itted for approval on first read ing . (See Agenda Item 11 .)
COU NCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA
ITEM S 9 (b) (i), (II) and 9 (c) (I).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 3, SERIES OF 2008 (COUNCIL BILL NO . 1, INTRODUCED BY
COUNCIL MEMBER OAKLEY)
AN ORDINANCE AUTHORIZ ING THE APPROVAL OF A WAIVER OF DIRECT SUBGRANT AWARDS FOR
THE COLORADO DIVISION OF CRIMINAL JUSTICE JUVENILE ACCOUNTABILITY IN CENTIVE BLOCK
GRAN T PROGRAM.
(ii) ORDINANCE NO . 4, SERIES OF 2008 (COUNCIL BILL NO . 2, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6A, SECTION 4 , OF THE ENGLEWOOD MUNICIPAL
CODE 2000 PERTAINING TO HARASSMENT.
(c) Resolutions and Motions
•
•
•
•
•
•
Englewood City Council
January 22 , 2008
Page 5
(i) Mot ion to approve the purchase of one, new four-yard tandem dump truck from
Transwesl Trucks , Inc ., in the amount of $77 .000 .00 .
Vote res ul ts :
Motion carried ,
Ayes : Council Members Penn , McCasho , Moore , Woodward , Jefferson ,
Wilson, Oakley
Nays : None
10 . Public Hearing Items
No pu bl ic hea ring was scheduled before Council.
11 . Ordinances, Resolution an d Mo ti on s
(a) Approval of Ordinances on First Re ading
(i) Direct Jr Fonda presented a recommendation from th e Water and Sewe r Bo ard and the
Util ities Dep artment to adopt ,, bill for an ordinance approving the Agreement between South Arapahoe
San itat ion District. Southgate Sanitation District. South Englewood San itation District, and 1:ie City of Englewood
for reimburse mer,t of over cn arged sanitation fees to property owners . He said back in 20Qf: we fou nd about 84
hOIT'es that were co ded in the wrong sanitation district and therefore were being overcharg ed . They were
paying South Arapahoe's fees when they were in another distric t that paid lesser fees . Wa worked with South
Arapahoe and Sout hga te and South Englewood Sanitation Districts at that l ime and the City administered 84
reim bur se ments . Since then, we have worked with South Arapahoe and have done an additional audit and we
found 5 more accoun ts that we re in slmllar si tuations . Al this point we are recommending that we enter into a
contract with those dis tr icts to allow reimbursement of these district funds to the homeow ne rs . It is the sa me
con tract we used before and this wou ld just allow us to complete the same procedure lo the 5 accounts that we
have now found through the audit. Hop efull y, th is will be all that we find .
Mayor Woodward asked if there were any quest ions for Stu . There were none .
COU NCIL MEMBER OAKLEY MOV ED, AND IT WAS SECONDED , TO A PPROVE AGE NDA ITEM 11 (a) (i).
COUNCIL BILL NO. 4.
COUNCIL BILL NO . 4, INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERG OVERNMENTAL AGR EEMENT
BETWEEN THE SOUTH ARAPAHOE SANITATION DISTR ICT, SOUTHGATE SANITAT ION DISTRICT ,
SOUTH ENGLEWOOD SAN ITATION DISTR ICT , AND THE CITY OF ENGLEWOOD PERTAIN ING TO
REIMBURSEMENT OF OVER CHARGED SAN ITATION FEES BY SOUTH ARAPAHOE SANITATION
DI ST RICT TO THE SOUTHGATE SANITATION DISTHICT CUSTOMERS .
Mayor Woodward asked if there was any dis cussion . There was none .
Vo te resu lt s:
Motion carried .
Ayes : Coun ci l Members Penn , Mccaslin, Moore, Woodward, Jefferson,
Wilson, Oakley
Nays : None
(i i) Director Fonda presen ted a recommendation from the Water and Sewer Bo ard and the
Util ities Department to adopt a bill for an ordinance approving an Intergovernme ntal Agr~ement entitled
Colorado 's Water/Wastewater Agency Response Network (CoWARN) Mutual Aid and Assistance Agreement
between Mun icipal Uti lities Departments to help Member Ut ili ties Depar tm en ls during emergencies . He said
wi th in the Slate of Colorado the CoWARN ha; been established to all ow Waler and Wastewater agencies to
Englewood City Council
January 22, 20 08
Page 6
help each other during times of disaster throughout the State . By joinin g this, you agree to the terms of the
agreement , wh ich mainly states that if an agency, that is a member, has an emergency, they can call out for
what they need and other agencies can then supply it as th ey see fit. And the agreement for re imbursement is
pre-determined in the contract so that the agency th at is prov iding the aid will subm it bills for it's time and
materi als, equipment and the agency that is seek ing aid would then also know what it is going to cost them .
From that aspect, the Water and Sewer Board is recommend ing that we enter into an agreement . Th is would ,
basically , cover our water system and water treatment plant and sewer collection sys tem . Wi th Bi-C ity we are
also looking into this, but we will have to coordinate with Littleton, since thei would have to agree also .
Coun ci l Member Mccaslin sa id Stu , can you give us an example of what might occur , just so I can visualize it?
Director Fonda sa id I can't remember the exact name of the town , but down southeast...when they had a
horrendous snow storm and the whole town was knocked out. .. at that point a number of agencies arou nd !h e
St ate were sending equipment and materials to assis t th em ... it could be a flood, it could be a tornado . Let's say
that agency put out for what they needed, at that point, if we had ii, we could send it and th en it would be ag reed
upon how it would be paid for . If an emergency ht1ppened to us, this would be an automatic arrangement with
Denver or Aur Jra to help us. Allhough you don't want to ask for the help unless you drastical ly need it, because
the cost would be fairly large , ilut in that type of a situation, you don 't have much cho ice . Th is agreement was
put togeth er between water and wastewater agencies, because the ir needs are fairly unique , so a lot of the stuff
that you need to get, you wo n't get from other departments .
Council Member Penn said if we do respond to this, who is respons ib le for !he response an d the amount of
money or the amount of ti me that we give up ... who would make that decision? Mr . Fonda sai d that would
probably be me or the Superintendent or whoever here was in charge . We would look to see what we had
available and what we could spare and then we would respond . We would keep track of the hours and I believe
•
tne men and equipment remain under yo ur command . •
Mayor Woodward sa id we would send an itemized bill, if we were going out to help, within 90 days , and be
re imbursed wi thi n 45 days after that billi ng . Mr . Fonda said yes, correct. Mr. Woodward sa id and vi ce versa if
we ever needed he lp.
Mayor Woodward asked if there were any other questions .
Council Member Mccaslin said is th is voluntary or have all cities agreed to th is? Mr. Fonda said ii Is voluntary.
Mr . Mccaslin said okay, thank you .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a) (Ii)·
COUNCIL BILL NO. 5.
~O UN CIL BILL NO. 5, INTRODUCED B Y COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE APPROV II IG AN INTERGOVERNMENTAL AGREEMENT (IGA) EN TI TLED
"CO LORADO'S WATE R/WASTEWAT ER J1GE NCY RESPONSE NETWORK (CoWARN) MUTUAL AID AND
ASS ISTANC E AGREEMENT" BETWEEN MUNICIPAL UTILITIES DEPARTMENTS TO HELP MEMBER
UTILITIES DEPARTMENTS DURING EMERGENCIES .
Mayor Woodward asked if there was any discussion . There was none .
Vote results:
Ayes :
Nays :
Matron ca rr ied .
Council Members Penn , Mccaslin , Moore , Woodward, Jefferson,
Wilson, Oakley
None
(b) App rova l of Ord inances on Second Re ading •
Englewood City Council
January 22 , 2008
Page 7
(i ) Cou ncil Bill No. 3. amending Tille 1, Ch apler 6 of the Englewoo d Munir.ipal Code
diss ol ving the Deparlmenl of Safely Sarvices and re-eslabli shing separate Po li ce and Fire Departments for lhe
City of Engl ewoo d was cons idered. Fir e Interim Director Patt aro zzi sa id it is my underst an din g that this
or di nance is on se co nd read ing ton igt·t and if you have any que r;tions . ! ·Nould be happ y to addre ss them .
Mayor W ood wa rd as ked if there wer e any qu es tions for Mike . ";ne re were none .
COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) •
ORDINANCE NO. 5, SERIES OF 2008 .
ORDINANCE NO . 5, SERIES OF 2008 (COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER
r ·AKLEY)
AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTIONS 1 AND 2 , OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINING TO THE REORGANIZATION AND ESTABLISHMENT OF A FIRE
DEPARTMENT AND A POLICE DEPARTMENT IN THE CITY OF ENGLEWOOD , COLORADO AND VARIOUS
OTHER SECTIONS THAT REFERENCE SAFETY SERVICES .
Mayor Woadward asked if there was any discuss ion . There wa s none .
Vote rnsults:
Motion carried .
Ayes : Council Members Penn, Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays: None
(c) Resolutions and Motions
(i) Director Fonda presented a recommendation from the Water and Sewer Board and the
Ut ilities Department to adopt a resolution authorizing an amendment to the Agreement for the lease of three
carbon filters for the Allen Water Treatment Plant. He said back in 1998 we enterer. a lease agreement for
activated carbo n and there is really only one supp !i er that can provide the raw carb on and then regenerate it. It
is in each of ou r fi ve filters and on a staggered basis , the lease on three filters has come up and it has been
renegotiated . The carbon is used to take taste and odors out of the water and it has been very successful here
in removing th e taste that comes from algae decomposition. The leases cover the cost of taking the spent
carbon out, se nding ii to furnaces where ii is run through the blast furnaces and regenerated by removing the
organic material 2nd th en they bring it back and replace It. Then they also test ii over the life of the filter, which
is seve ral years ... l be li eve about three ... an.:t the n we go through th e whole cycl e again . The Water and Sewer
Board is recommending that we contin ue wi th this lease and approve ii in the amount of $2 ,450 .00 per filter for
the three fillers .
Mayor W oo dward as ked if ther e were any qu esti ons . There were non e.
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) •
RESOLUTION NO . 2, SERIES OF 2008.
RESOLUTION NO. 2, SERIES Of 2008
A RESOLUTION AUTHORIZING AN AMENDMENT 10 THE AGREEMENT FOR THE LEASE OF THREE
CARBON FILTERS FOR THE AL LEN WATER TREATMENT PLANT .
Mayor W oo dward ask ed if th ere was any discu ss ion .
Ma yor W oodward said I ha ve a que stio n for Stu . If we ha ve fi ve fil ters , wh y is this for three of the fi ve? Direc tor
Fonda said th e others will be spent in about 18 m onth s ... lhey are staggered . Mr. Woodwa rd said oka y, so we
will see th is agai n in 18 months . Mr. Fonda said yes . Mr. Wood ward said for two fil ters? ~r. Fond a said yes .
Englewood City Council
January 22, 2008
Page 8
Mayor Woooward asked if there was any rnore discuss ion. There was none .
Voto results :
Motion carr ied .
Ayes ; Counc il Members Penn , Mccaslin , Moor e, Wood wa rd , Jefferson,
Wilson, Oakley
Nays : None
(ii ) Director Kahm presented a recommendation from the Public Works Depa rtm e,,1 to
approve a resolution accepting easements for the Big Dry Creek Bicycle an d Pe destrian Trail located between
Lehew Avenue and Broadway . He said th is is actually an exciting time for us . We have been working on th is
Big Dry Cree k Tra il System since 1997, in one phase or an other. We were here last fall ... the South Suburban
Foundation was unable to obtain right-a-way on that segment between Lehow and Broadway ... an easement for
the Tra il System . We spent many, many months trying to negctia te that . By Resolution 83 of 2007 , you allowed
us to go forward , with us ing eminent doma in If necessary , to acquire tho se easeme nt s. We contra cted with a:i
independent negollator, we brought In Independent counsel working under Dan Brotzman and we were a~le ,
after a lot of negotiation , to reach settlement with both of the property owne rs involved . The RW C Parcel
negotia led fairly easily, the attorney did have to file against the Liquor Control piece, but prior to ~olng to court,
they also reached a setllement. So, this evening we are here asking you to accept those easemunts . The total
cos t of that, for all the out-of-pocket, was $165,255.00. That all ls re imbursed to us by the South Suburban
Parks i=oundation ... th ey w ill be paying all those costs . This will allow this project to go forward an d this is the
last segment, so that will fin is h II up , from the rive r all the way up to Littleton .
Mayor Woodward said thank you . You should be congratulated on mov,ng this forward .
Mayor Woodward asked if there were any questions for Rick .
Council Member Pe nn said th is will not get us all th e way up to th e High Line Canal yet .. this Trail?
Dh ector Kahm said no, th is last se gment !hat w ent from Broadway up through those Greenwood
Apartments ... and I th ink th at is where they ended.
Council Member Penn said is there another group ta lking abnu t trying to get It to the High Line Caoal?
Director Ka hrn said th e South Subur~an Foundation will continu e to work on lhose segments, but I believe th ose
are In Litt le ton and Centen nia l.
Mayor Woodward sail' we have already completed quite a bit of wor k going east of Broadway and passed the
apartment s. Kahn, ,aid over to Washington .
Mr . Kahm said as a reminder, we we re only a pr,1ject spo ns or for lh is segment . South Suburba n norma ll y does
these things themselves , but they were out of applicat ions at the po int when they applied for the fund ing, so we
have done that for them .
Mayo r Woodward sa id I have a ques tion on item numbe r 9 or th e grant easemen t and this is probably a
ques tion for Dan . In th e very las t sent ence of that number 9, it says "until th e easement is ab andoned by
gra nte e, granter sha ll ha ve the rig ht at its sole optio n to require grantee to remove er neu tra lize any
improvement s constru cted in the easement property by grantee". He sa id shouldn't th at be "until after th e
easement is ab andoned ... " It means th at we could be doing th e Improv ements lom orrow , from what I am
reading as a layman , and the next day they could say ... remove th em .
Mr. Kahm said we will defe r to Mr. Brotzman on th at.
[Clerk 's note : Discussion ens ue d that was not aud ible .]
•
•
•
•
•
Engl ewood City Council
January 22, 2008
Page tl
Mayor Woodward sa id we are go ing to mo ve on to the nex t ite m while Dan stud ies th is.
[C lerk 's note: Th is Age n la Item 11 (c) (ii ), was continued after the consideration of Agenda llem 11 (c) (i ii).
See page 9 .)
(iii) Director Kahm presented a recommendation from the Publ ic Works Department to
approve a resolution accepting the dedication of three parcels of land localed between Broadwa1• and Cherokee
for City of Engl ewo od Public Right-of-W ay purposes from the Englewood Urban Renewal Autho rit y. He said th is
one is re~ll y a housekeeping issue from the mid BO's . As ye ti reca ll , from time to time we run into these th ings
lha l were never properly done . Not loo :ong ago , I th ink we had you accept some right-of-way for Cherokee
Stre et at Floyd that had been like that sinr.e 1967 , In this instance . what happened when Eng lewood Parkway
was or iginally bu ill. it started al the intersection of Girard and Broadway and ii swung around and ended up al
the intersection of 285 and Chorokee ... lhal was th e original Pa rkway alignment. This was an Urban Ren ewal
project and at the lime they did lhal . they owned ... and still do ... whal we call the Acoma Parking lot. They als o
owned two lots that extended out lo Broadway, on the south side of the Englewr l d Parkway. And the Parkway
wa s bu ill by the Urban Renewal Authority and ii was built on their property. They also, al the southwest corner
of Acoma and Hampden. put a big sweeping radius on that corner , that also got on the ir property. They are
looking at other uses for Iha\ ground at th is poiot •~ limP . ,.they being the Urban Renewal Au\horily ... and they
stumbled into th :s in their title work . So. we are jusl cleaning that righ t-of-way up, by accepting dedica tion of
thos e pieces, so Iha\ vur st re ets are, in fa ct . publ ic right-of-ways . Technically. we have had roads there for over
20 years so we would have a prescriptive easement aayway, but th is is a good way lo clean them up .
Mayor Wood ward asked if there were any que stions. Th ere were none .
COUNCIL MEMBER WILSON MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (iii) -
RESOLUTION NO . 3, SERIES OF 2008 .
RESOLUTION NO . 3, SER IE S OF 2008
A RESOLUTION APPROV ING THE ACCEPTANC E OF THREE PARCELS O F LAND FOR CITY OF
EN GLEWOOD PUBLIC RIGHT-OF-WAY PURPOSES LOCATED ON ENG LEWOOD PARKWAY BETWEEN
BROADWAY AND CHEROKEE FROM THE ENGLEWOOD URBAN RENEWAL AU TH ORITY (EURA).
Mayor Woodward asked if th ere was any discuss ion . There was r!onf:.
Vote res ults :
Mo tion ca rried .
Ayes : Council Members Penn , Mccasli n, 1\/ioc,re , Woodwa rd , JL · arson,
Wilson . Oaklet
Nays : None
Mayor Woodward said thank yo u Ric k.
(ii) [Cle rk's note : This is the cont inuation of cons ideration of Agenda llem 11 (c) (I I).)
Discu ssion ensued regarding the proposed amendment 1 > Resolution No . 4 . Serie s of 2008 .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -
RESOLUTION NO. 4, SERIES OF 2008 AS AMENDED BY REMOVING THE LAST SENTENCE UNDER ITEM
9 OF THE GRANT OF EASEMENT OR AS AMENDED BY THE CITY ATTORNEY.
• RE SOLlJ flON NO . 4, SERIES OF 2008
A RESOLUT ION APPROVING THE ACCEPTANCE OF EASE::M ENTS RELATED TO THE BIG DRY CREEK
BICYCLE AND PEDESTRIAN TRAIL LOCATED BETWEEN LEH OW AVElsUE AND BROADWAY.
Englew ood City Council
Jan uary 22 , 20 08
Page 10
Mayor Woodward asked if there was an ymore discussion . There was none:.
Vote results :
Ayes : C1Juncil Me mbers Penn , Mccaslin. Moore , Woodward, Jefferson.
Wilson , Oakley
Nays : None
I loti on ca rr ied and Res olutio n No. 4. Series of 2008 was appro ved as amended .
12 . General Discuss ion
(a) Mayo r's Choice
(i) Ma yor W oodward sai d las t week a representa ti ve from Habi tat fo r Hum anit y was here
and she reques ted a reso l• 1tion appro vi ng th e waive r of buildi ng permit fees and th e fee in lit:lu of Par k Land
ded ica tio n fo r the Habi tat for Hum an ity of Metro Denver, for th eir building of an 8-ple x up on 23 10 West Harvard
Avenue in th e approximate amount of S8,700 .00 ... lh at is whal they are as king to be waived ... wi th a conse nsus
to bring it forward in a res olu tion .
COUNCIL MEMBER PENN MOVED, AND IT WAS SECONDED , TO APPROVE RESOLUTION NO. 5,
SERIES OF 2008.
RESOLUTION NO. 5, S ER IES OF 200~
A RE SO LUT ION AU HORIZ ING THE EXEMPTIO N O F THE HABITAT FOR HUM ANITY OF METRO-DENVER
•
(HFH MD) FROM BUILDIN G P[f'i•.IIT FEE S A ND THE FEE IN LIEU OF PAR K LAND DEDICAT IO N •
ASSOCIATE D W ITH THE DE VELO PMENT OF EIGH T PAIRED SING LE FAM IL Y HOMES LOCAT ED AT 23 10
W EST HARVARD AV ENU E, PROPOS ED T O BE KNOWN AS 22 82, 2284 , 2296 AND 2298 W EST HAR VAR D
AVENUE A ND 2283 , 2285 , 22 97 AND 2299 W EST HILL SIDE AVENU E.
Mayo r Woodwa rd aske d if there was any dis cu ssion . There was no ne.
Mayo r Woodward sa id again I would ju st like to sa y that I am a real supp orter of Habi tat fo r Humanit y an d the
work tha t th ey have don e in our com mu nity, throug hout the City and everyw here else.
Vote re sults :
Motio n ca rried .
Ayes : Cou nci l Memb ers PG:'!n, Mc c aslin, Moor e, Woodwa rd, Jefferson ,
Wilson, Oakley
Nays : None
!Clerk 's note : This was listed on the Agenda as item 12 (b ) (i).}
(ii) Mayor Woodward said I wo uld like lo go to the NLC Conference in Washing I011 , D.C ..
March 8-12 and I'm asking fo r Coun cil approval on the ex penses. includ ing air fare, registra tion . classes, hotel,
and meals fo r a tota l of S2. 73 5.00 . I know ther e are other s that would llke to att end and we may wan t to move
lh em all at once.
Cou ncil Memb er Moore said I believe tha t all lhe other Counci l Member s int end to go, i:o rrect? Cou ncil
in dica ted th e olhe r Co uncil members would like lo attend the Con feren ce . Mr. Moore In dicated he would no t be
atte nding .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE T RAVEL EXPENSES TO •
THE NATIONAL LEAGUE OF CITIES CONFERENCE , MARCH 8-12 , 2008 , IN WASHINGTON , D.C, FOR
COUNCIL MEMBERS PENN , McCASLIN , WOODWARD, JEFFERSON , WILSON AND OAKLEY.
•
Eng lo vood City Council
January 22, 20 08
Page 11
Mayo r Woodward asked if there was any disc uss ion. The re was none .
Coun cil Member McC ;-,:;li n said I woul d just like to say tha t I went las t year and what an educatio nal exper ience
it was . To be able lo talk to people from the State and Federa l level , th en com e back and bring the information
to Englewood to help make it a belier Clty ... lrust me , lhere are things here we changed in Eng lewood because
of that conference , They may be very minute. but th ere are changes ... and what a be nefit to the City of
Er,g lewood th is is .
Council Member Pen n sa id th is probably has nothing to do with the vote , but I do know lhat there are probably 3
or 4 students also applying, but they have not turned in the ir applicat ions at thrs time.
Mayor Woodward said great and I guess the y still have time ... February 4'", I believe.
Vote results :
Ayes : Council Members Penn, Mccaslin, Moore, Woodward , Jefferson.
Wilson, Oakley
Nays : None
Motion carried .
(b) Council Members' Choice
(i) Council Member Penn:
1, He said I would like to congratulate all the people that we ga ve aid to ... the Aid to Other Agencies , I
th ink it is a great way for lhe City of Englewood to rea ch oul to these people, who can help other people in
• Englewood ,
•
2. He said I wou ld like to make th is a Council RP.quest...to SP.e how our duck population is doing down al
the Wastewater Plant.
3. He sa id I would like to look at the process we use to get Board and Commiss ion members to fill our
Boards . I w0t11d like to look at the process , as a Council, and see if we can make it a little friendlier to our
people that come in and apply for lhose Boards .
Ma yor Woodward sa id are you asking lo put it on as a Study Session? Mr . Pen n said yes, I would like lo see
lhat.
(ii ) Council Member '4cC as lin said th er e is a residential property, I won'I say where ii is ,
but it is in Englewood , that has had numerous violations in the last two or three years, It has really been a
nu isance to the neighborhood . I was gellrng, in the last year or two , at least one c~ · ., week and sometimes
numerous calls per weei< about this location . But recently I was gelling fru strated. t h11 e next to th is hou :,e and
heard eve rything that was go ing on . And I was gett ing frus trated and in my comm l r:-1tion with Comni and!=>r
Sam Watson , he kept saying , Bob slow down ... we are on ii, we are taking care of \· But I was frustraled , ! was
saying come on, wh at is going on ? You know when I see whal happe ned ... ! got h0me Friday and I had 5 call s
sa yi ng, pleas e tell Sam Watson what a great job the Cily of Englewood :,a s done. So , I guess I am one of those
th at want s lo see some of lh e nu isan ce propert ies clea ne d up. I want so me of the stuff that is not right in
Englewood to be taken care of and when I see ii in action , like what I have seen Sam Watson and his staff has
done , I am really proud to say that ;1 works . Keep it up . Th anks Sam and if you would let everyone know who
worked on the case, I would ap preciate it. Thank you .
(iii ) Council Mem ber Oakley:
1. He said I was going to bring th is up in Study Se ,1 sion , but we didn 't ha ve tim e, I have a few th ings lo
ment ion lhat went on at th e DRCOG Board Meet ing la st veek. II brought up some th ing s that need to be done,
I thi nk . It wa s in res pon se to th e implem ent ati on del ays Jf Tran sport ation Imp roveme nt Dist ric ts or TIP for short ,
and that of co urs e is our invol vem en t fn th e area of th e Bro adway St re ets cap e Pr oj ect on South Broadw ay.
Englewood City Counc il
January 22 , 2008
Pag e 12
The re are cur rently 17 projecl delays, by 9 proIec1 sponsors . on lh e lisl lha l was brough l up al the Board
Meeting . The City of Englewood was hsted as 1n delay on th is aforementioned Broad way Streetscap e Proiect .
We were gran ted a delay subject lo the following conditions : that En glewood slaff aggress ively pursue projecl
1mpleme11tation activities wi th a ta rget date before June 30 , 2008 an d that Englewood staff subm it a brief
proces s report to OR COG staff on lh is project every th ree months, beg inning In March 2008, u rilil l he project is
awarded . Each pro cess report shall clearly update the advertisement date . Knovii ng that we weren't what was
holding us up , I had a couple of things to say and I slaled emphatically to lhe Beard th at Englewood was, in fact .
ready and able to move forward with th is project. bu l had been waiting for some time for COO T s concurrence lo
adve rt ise . I further stated tha t we would be ve ry unhappy if we cou 1d not meet the Ju ne 301
h date because of
de lays from COOT . There were comments fro m other Board members and DRCOG's staff about similar
problems with COOT , I asked for lh e Bo ard's hel p with COOT and was told that the Board had scheduled a
meetin g with Ru ss Geo rg e , Execu tive Dir ector wit h COOT about some othe r matters and they woul d add this to
the agenda . And there were se vera l other cities tha t supported us on th is matt er . One other th ing th at came up
was tha t th e Board was given copies of th ree Tra nsportation Hou se Bills coming forward an d t passed a copy of
this on to Rick . I commented on House Bill 1012, regard ing evaluat ing th e State Highway System reduction and
if you remember, we discussed th is briefly concerning the State 's wishes to tu rn some ma intenance of Stale
highways over to th e jurisdictio n or ci ties that th ey ra n through and we had objected to thi s and we told the
reasons why . And aga in , tt ,ere were several other cities that stated the sa me object ion s tha t I did and added
some new ideas to it an d ORCOG has expressed a strong opposition to tais Bill . So , the re probably won't be
many things coming out of ORCOG meetings that are quite as deta iled , but these just happened lo be two that
they were very detailed .
Mayor Woodward said th an k you Wayne . I think , Ri ck there are actually two others ... both of the bridges are
als o being delayed by COOT. aren't they ... the pedestria n bridges?
Dire ctti r Kah m said abs olut ely , all of our pr oje cts are in the same pl ac e. We have been wait ing to adve rtise on
all of them . Now. by wai ting on the bridges. the opportunity pos sibly to get so me Open Space money to offs et
ou r PIF money might come along. Since, we m et do.v n there last week . th ere aas been a lot of activity . We
have been privy to a lot of e-m ails between ORCOG and COOT. in cluding the executive directors . So. I am
expecting that we will s~e some th ings happen here in a very short period of time . Th anks for your effort down
there Wayne . I apprec iate that.
Mayor Woodward said good an d I will also add that th at was brought up at th e Arapahoe Coun ty Mayors.
Commissioners and Manage rs meetin g on Frlday ... the sam e subject.
2. He said afl er lhe rest or th e Council has tal ke d ab out any issues th ey have, I would like to go back to
the lady that spoke earlie r ton ight re garding the zoning si tu ation .
(iv) Council Memb er Wilson said I wen t :o the CML Confere nce Seminar, wh,..:h I thought
was excellent. but the ooe :hing 'hat I was told when I told them where I came from ... they said th ey knew Gary
Sears our City Man age r and it \\as all good . Ms . Wilson said one of th e men on the Exec utive Board sai d that
we probably had th e best City ~lanag er in the State. There was ap plause . She sa id I just want to say
cong ratul ations . Also, I had a semi nar. .. Mark Collins spoke ... and he also knows you and he said that you were
one of th e best...so kud os to you . Cit y Manager Sears sai d thank you .
(v) Council Member Jefferson :
1. He sai d I will be att ending the NLC Conference in Washington . O.C. and I do believe th e res idents of
Englewood sho uld see some return on investment for sending us there . 1 just want to let folks know tha t I will bo
attending some seminars on lop lc s that are of particular in terest to me and I th ink are of partlcular inte res • to
Eng lewood, lnclu ~ing bu ilding green. budgeting Issues and fisca l responsibilities .
•
•
2. He said tha nk yo u to Kari n and Doug fo r addressing Coun r ll ... for bringing up two in teres ting and •
imp ortant issues fa cing the City . Dou g, I am looki ng forward to le arning more abou t tha t, but I'm in ge nera l
ag reement a, 1 I will work to protect priva te property rights . Karen, I am also look ing forward to learn ing more
•
Eng lewood City Co unci l
January 22 , 2008
Page 13
and studying tha t silualion on th e Code . Those situations can be ve ry complica ted . I have taken a :oak at it and
I will be looking forw ard to learn ing more about It as we go forward .
Mayor Woodward sa id Gary, I wonder if we could have sta ff do a report on that situat ion that Karen has brought
up , specifically w ith her property.
City Manager Sears said absolutely.
Council Member Oakley sa id after rece iving the leller, I, too, dug out the book, as we all have to do, and was
trying to go through it and see what would pertain, but since it was a request for a totally different usage of that
particu lar zoning district, I just wanted to reiterate that we are looking at some other zoning issues regarding
multiple fam i:y d istricts , but it's totally different than re-doing the R-1-C District. Staffs response would be what I
would be looki,19 for too .
13 . City Man ager's Report
(a) City Manager Sears said regarding the Financial Report, I th ink Frank did an excellent job
tonight reporting on our finances .
(b) City Manager Sears said I want to say thanks to Jill for her comments . Part or being a good
Manager is having an excellent staff and I have been lucky to have a lot of good people that work here.
14 . City Attorney's Report
City Allorney Brotzman did not have any mailers to bring before Council.
• 15. Ad jou rn m ent
The meeting adjourned at 8:32 p.m .
•