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HomeMy WebLinkAbout2008-04-07 (Regular) Meeting Minutes• • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Aprll 7, 2008 The regular meet ing of the Englew ood City Counc il was called to order by Mayor Woodward at 7:45 p.m. 2. Invocation The invocation was give n by Council Member Mccaslin . 3. Pledge of Allegiance Th<. Pledge of Allegiance was led by Council Member Mccas li n. 4. Roll Call Present: Absent: A quorum was present. Counc il Members Jefferson, Pmn, Oa kley , Mccaslin, Wilson , Woodward Counc il Member Moore Also presen t: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ell is Deputy City Clerk Bush Director Black , Parks and Recreat ion Director Grygle wl cz, Finance and Administrative Services Director Kon ish i, Informat ion Technology Director White , Community Development Pol ice Commander Watson Golf Operations Manager Spada , Parks and Recre at ion Traffic Eng ineer Vestry, Publ ic Works Housing Finance Special ist Grimmett , Community Development 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 17, 2008. Ma yor Woodward ask ed if there were an y changes or co rrectio ns . The re were none . Vote results : Motion carri ed . Ayes : Nays : Absent: Counc il Membe rs Penn . Mccas li n, Woodward , Jefferson , Wil so n. Oakley None Cou ncil Member Mo ore Recognition of Scheduled Ptobllc Comment (a) Lila Dow ning sa id I am co-chair of the 200 8 Midwe •t Pla ins Reg io na l Babe Ruth U14 and U16 Girt 's Softball Tou rn ament. I am also the Direc tor of Softball for Englewood You lh Sports , a District Englewood City Council April 7, 2008 Page 2 Comm !ss loner for Babe Ruth Softball and a volunteer softb all coa ch at Engl~wood High School. With me ton ighl is my ~usband Tom Down ing who is a Districl Commissioner for Babe Ruth ; Judy Blanscel is my co • chair for the tocrnament; Teresa Harper is a softball coach at Englewood High Sch ool and also a softball coach fo r Eng lewood Youth Sports ; Alic ia Downing is our housing coordinalor for the tournament and a softball coach for our summer program and a former softball player; Reg ina Down ing , my youngest , and a softball player. Wh y are we here? July 17" through 20", Englewood Youth Sports will be hosl ing lhe 2008 Regional Babe Rulh Tournament here in our great City of Englewood . We will have 16 learns from the Midwest Region partic ipating in the tournament. wh ich will consist of a round-robin format leading inlo a double elimination tournament. We are anticipating upwards of 800 to 1,000 people in Englewood over the course of the weekend . On the local level ... Englewood , Casile Rock , Parker, Strasburg , Littlelon , Arapahoe ... we are all inter-league and we play . It is a format where everybody plays , everybody on the roster bats . II is recreat ional . At the end of our local league play , we draw All Sta r teams . The All Star teams lhen move on lo the State competilion . Teams part icipate in the Slate compet ition , the wi nners from Slale move inlo the Reg ional round , Regional tournamenl winners move on to Invitati onal tournaments or , in our case , our 16 and under champ ion will move on to the World Series . We made th is chart up really just to show you ... lhe big scheme of lhings ... the Regional Tou :naments that are going to be held ano how the different Regions are broken up and that Englewood is on the map . These were off the Babe Ruth website. Everyone gels lo see this and know that we are hosting the tournament. Our responsibilities for this lournamenl include our Opening Ceremony . This is to oe held al Spence r Field . II is an ideal and beauliful location . There is plenty of park ing and room for the festivities . Teams are checked in , fed , coaches meeting held , Opening Ceremony with introductions followed by a double• header game . Next is housing lhe visiting players . We will be housing approximately 200 softball pl ayers that weekend . This means that each of our visil ing players will be staying with a loc al fam il y for the duration of lh eir tournamenl exper ience . This is a unique component of Babe Ruth . There are no less than two • girls ... somelimes you could have 6 or 10 kids depending on how much room you have and how good a cook you might be . You bring them into your house for the duralion of that tournament , they become part of your famil y. It is an outstanding exper ience . We have done all pieces of 11...myself, our family ... we have hosted • players . We have had our girls hosted and we have been coaches where our team was the one being hosted . And on all levels of ii, it just makes the whole softball experience one nolch better. We will also be prov iding the fields and umpires , working in conjunction with Englewood Parks and Rec . The follow ing fields will be utiliz ed for the tournament: Denny Miller, Bellev iew Park , Spencer Fie ld and Cenlenn ial #2 . Clos ing Ceremon ies ... al the completion of the tournament. winners are presented wilh a banner, plaque and indiv idual medals . The winner of the 14 year old di,ision will continue on to the National Inv itational Tournament and the winne r of the 16 year olds will continue to the World Series which is going to be held in Massa chusetts . Why are we do ing this? I get asked lhat a lo\ and bottom line is to build our softball program and in order for our coaches to see lhe level of skill needed lo compete at a higher level...bring tne tournament here and let them see it In their own ba ckyard , in lhe comfort of their own home , they gel lo see what it is like ... nexl time they slep on that field they know where they have to reach with thal team . Whal does it c~st... approximately S6 ,000.00 . This includ es the hosting fee , ur.,pires , fields , concessions and awards . Unl ike other tournaments , Babe Ru lh does not charge ind ividual team s to participate ir, a lournamen t...just the host. Wh il e some feel that , that isn 't fa ir to pul the burden on lhe hosti og organizal ion , it has proven lo be a way to not exclude a team from participating due to cos t. How will we ra ise lhe money ? That is a great question . By as ki ng our local bus inesses and townsp eople for donat ions . In return , we will promote them and /or lheir place of bus ines s. II may be an advert isement in our tournament program or a banner hung on the field of the ir choice . We will onl y be serving pre-p ackag ed sna cks and dr inks , lhereby se nd ing our vis itors to our local establishm ents for foo d and drink . Last but not least , how can you help ? Well , we nee d vo lunteer s. II is goi ng to ta ke a lot of voluntee rs to mak e th is happ en. We will be staffing fo ur fields completely . We need ho st fam ilies and , of course , we need mone y. On behalf of mysel f, Eng lewood Youth Sports and Babe Ruth Softball , than k you for your lime and cons iderat ion in regards to th is outstand ing ev ent that will ha ve the City of Engle woo d sing ing ... Tak e Me Out to the Ball Par k. Ma yor Woodward said th ank you , good job . Ms . Down in g said th ank you . Are th ere any quesl ions? Mayo r Woodward said typically we address an y qu estio ns prese nt ed, dur ing Schedul ed or Un schedu led Pu blic Comme nt. al the end of th e mee ting under Cou ncil Members Cho ice. So I am sure ii will be add ressed at Iha ! llme . Ms. Down ing sa id tha nk yo u very much . • • • • Englewood City Council April 7, 2008 Page 3 7. Recog ::ltlon of Unscheduled P.;bllc Comment (a) Melanie Brooks-Nelson . an Englewood resident , sa id I was going to start out by saying tha t I am here to express concern about the Kent Place development , but that is not acc urate . I am not concerned . I'm despa iri ng , I'm angry , I'm heartbroken at the prospect c• the proposed towers of th is de velopmen t... plunging my home and property , along with others , on Floyd Place and Floyd Avenue into the gloom of their dreadful shadow in the darkest , coldest months of winter. When I saw the tower in the first plan , by the original developers several years ago , I said un r,oncernedly to my husband , Ells Nood will never let that happen to us . I liked Ille rest of what I sa w so I didn 't feel the need to continue part icipat ing in the input pro cess . My lack of input until recenlly then portrays , not my apathy , but my supreme naivety in believing that our representatives , who asked for our votes and too k on th is sacred mantle of elected office , would guard our interest in this matter. I feel betrayed and hurt. I am fully aware that this Coun cil has to grapple with many is sues , among them serious budgetary issues , and that th is development is badly needed to help our tax base ... l know that and I support it for that reason , In the general sense . Even thou g~ it means many months of noise , dirt , congestion , construction and a resulting high density development , it will forever affect the quality of life and character of our beloved neighborhood . Isn 't that enough of a burden to ask us to bear for the greater good of Englewood? How could you say that we must also bear the scourge of a high-rise shadow when you should have been balancing the needs of Englewood on one hand with the needs of our neighborhoo,. on the other ... hov, it would impact the jewel among Englewood 's ne ighborhoods . You instead allowed the former to complete ly outwe igh the latter, acqu iescent to the very worst aspect of the plan ... the tower on the north side of the property . If there were to be towers, they should have been made to be located on the south side. Whatever shadows the plan creates should be borne by the development. In its concern for greater Englewood and I understand this concern ... I reall y do. Th is Council allowed its perspective to become overly skewed and narrowed to belie'le that somehow Englewood's future economic via bility rests on a 179 foot tower on the north edge of the Kent Place Development. Th is loss of perspective threatens to spell disaster for the southern half of Hampden Hills. So , the rest of my comments were addressed to the developers and arch itects , but I don 't th ink they are here . I will just briefly go over what I was going to say to them , because I know it is a done deal what you have done ... what you have approved so far . My message lo them was , wher I spoke before the Planni'lg and Zoning Commission about this matte;, I tried to convey how much my love of my home is tied up with the glorious sunsh ine pounng in from our newly enlarged south facing win dows , our new south fa ci ng French doors and our south skylights. Particularly in the midst of winter when the sun is lowest In the sky , the light floods our livi ng room and main bedrooms . My ch ildren played year-round in our southern oriented back yard when they were growing u, , which we jokingly called lhe banana belt, because it alway s had the warmth and light created by the southern sJn in lhe winter. Now that my children are grown , and as we anticipate , hopefully , grandch ildren , we have loo sect forward to see ing another generation reveling in the gifts of the ~•autiful Col orado winter sun in our southern y, rd . Now the developers are proposing to take this away from us . Wa have never done them any harm . Our ne ighborhood is not some collection of monopoly like plast ic houses , vie wed at some disp ass ionate dis tance of the site plan . We are real peop la who love our neighborhood , who cheris t1 and care for our homes ... some of us for decades . So , my message to the develope rs is th is : if you pe rsist in this plan fo r towers in the north side of the development of the property , I plan to wr ite letters to all the major Den ve r media telli ng them what is happen ing and how much they are opposed in th is. It will no longe r be just an Englewood is sue . It will become " rese nted ne ighbor with a despised development. On the other hand , if they , in a fit of enligh te ne d self interest. recogn ize the wisdom of redu ci ng th e towers or pla ci ng them in the south si de, I will likew ise bombard the media with pra ise for a wise cl 1ange of course in light of new inp11t. The i; nc:1me will I~:: ii55 c::l;i ted with good feelings and en li gh tened dec ision -ma kin g and cooperative relations wi:I ·~e ir neighbo rs to t".e nor \h. Each of these is a promise depend ing on the deci sion that the developers make . Thank you . Mayor Woodward sa id than k you . (b) Kathy Staller , an Englewood res ident , said I am here tonight as a follow up to the many hearings you have had on th e Kent Pl ace Development ove r th e years . In part , I would li ke to co mmend you for the early des ign , but , at the same time . express my disappo in tm ent , discouragement and con ce rn about it s evolutio n. I th ink v1he n th is was originally thought up or created by \hen de veloper Forstmann , there was a great deal of concern neighborhood-wide , not just Eng le wood , bu t all Sll rro,ind ing com mun itie s. As was men tione d earlier , it is not even jus t the ho mes that are directly adja cent. but it is a comm un ity imag e for E11glewood as you Englewood City Council April 7, 2008 Page 4 • are driv ing down Hampden , down Un iv ersity ... coming or go ing . Whether it is com in g for tne baseball or the softball that was just described . It is a very prom inent locat ion and the concept , if well executed , co uld be a very prominent urban design , residential design statement . However, as all the great effort has gone into th is ... the commun ity involvement , l he attent ion to the deta il s of arch itecture and the open space , how the adjacent ne ighbors are impacted or preserved , how transportat ion is worked , how the dra inage is worked , how the shadows go ... a great deal of work wer,t Into making th is the best it could be . I feel like all those great thoughts . if you th ink of them as like colors on a canvas , instead of be ing painted orderly now , with the new concept of creating or establishing just build ing envelopes , with a little bit of carte blanche of where a bu ild ing can go , how close a set back can be done , what he ight goes where ... there were great rea sons for it. I mean , who knows what will happen with the market. None the less , the result see ms to be more of a splattering of the pa int thrown at the canvas , rather than an orderly , community de sign . One thi ng mentioned by the previous speaker, emotio na lly so. I mean th is is a life style home lost to an individual , but I th ink ,t is a loss to more than just tha t one ino;vidual. I think it is go ing to be an image reco1,n ized and ackno wledge d by many communities around there . I am not techn ically in Englewood ... my mailing address is ... I am techn ically next door. The shado ws will hit us as well. They will preclude solar designs and this huge, new empha si s now being put on green development , which will be seen by greater community planning efforts ... tha t is going to be obl iterated to a great extent. The vegetations , the outdoor living areas . a lot of these th ing s will not be viable given the potential locations of buildings ... not knowing exaclly where they go . You will ha ve a great deal of retail , which could be wonderful . You have nice high-end ... potent ially high -end ... resldential. Ma ny potentia ll y great things . My concern and the concern of many b2yond me , is that there are not eno::9h guidel ines , not enou,h comm itments in plac e that will help you know that you can guide this into a desirable , respected community or gateway entry into Englewood . There arc a lot of loose ends in a PUD that you don 't know exactly what the setback will end up being . The ne xt developer would likely come on ... there has been Fors lmann , then Cont inuum, great developers . espec ially Continuum ... but ss it passes through with a lot of open ended options . a lot of th ings could fall through the cracks . And I would like to see some cons ideration giv en to tightening that. to really knowing what can come of th is and some of the potent ial re sults of this open ended swing . Those are my • comments . Than k you . Mayor Woodward sa id thank you . (c) Ken Cobb , an Englewood res ident , said I too hav e co ncern s with the Kent Place Development...a planned urban development , but what it has regressed to is a preliminary plan . They don 't have the footprints . The latest amendment is asking that they approve envelopes in which the bu il dings car. be moved around to meet whate ve r they like to at a later date . They don 't know the height of the bu ild ings . The to we:s can be over 120 feet tall , I think . They don 't even know the occupancy . With th is amendment , they ask th :.t the commercial space be increased and sa id that th is would be offset by le ss res idential space . But the reduction in the residen tial space isn't accompl ished by a reduction in th e numb er of residential units . it is accomplished by counting hote ls as a half unit and I th ink that Is just a slight of hand , really . I looked throughout the Development Code to find where that was an acce ptable practice and found nothing that had any indicat ion that hotels are counted as half un its ... only that park ing fo r a hotel unit is one where a si,1gle family dwell ing is two . Maybe th ey ex trap ola ted that , I don't know , but it doesn 't seem right. The y also haven't answered whether those hote l units co uld later be changed back to resid ent ial unitt , if the econom y became more favorable for th at type of dwell ing . But I really bel ieve the thrust of this amendmen t is to ta ke th e project out of the public forum . They have asked that any changes to the ir plan ... th is pre limi nary plan ... goe s to Plann ing and Zoni ng and th e res idents of the ne ighborhood won 't ha ve a say in to that at all . And , so far , I found that Plan ning and Zon ing is akin to th e little girl who can 't say no . For instance . in the original PUD they had a buffer zone along the north side of the property that were goi ng to be townhouses . When the first amendment came around , they chang ed that to put a tower that is going to be as tal l as , I'm not sure , 140 feet or some th ing lik e that on the north side of the propert y and shad ing more of the ne ig hborhood ... Floyd and Floyd Place part icularly ... and Plann ing and Zon ing supported that cha ng e. Remov ing the PUD process from the publ ic forum , in my opinio n, simply gives the developer carte blanche on doing what th ey want to do . We have had so little ... you know , fo r ne ighborhood ci tizens , we can 't study these proposals very thoroughl y. We don 't have the knowledge . We don 't have the time . We have other job s and we have fam ilies to ra ise and I think that th ese PUD 's ... these dev elopers ... slowly • wear us down to the po int that the y get wha t th ey want. And , it is only yo u co mm iss ioners that ha ve our best interest or ca n ha ve our best int erest and prot ect our Int erest s. I th ink ta kin g it out of th e public for um is a terrible prece den ce. One of the hallma rk s of democracy is that every citi zen has his sa y, 'as his day , has a • • Englewood City Council April 7, 2008 Page 5 chance to make a diffe rence to their community . And , I think th is am endment tr ies to strip our vo ice from this process and I think it is undem ocratic . I reque st that you vote no on this proposal and that th ey bri ng forward a plan that is a real plan , not a pre liminary plan , and if they make amendments to that , th en th ey go through th e pro ce ss again . That is what is in the Development Code and that is what they should proce ed to do , Tha nk you , Mayor Woodward sa id thank yo u Ma yo r Woodward said I just want to mention to everybody who spoke regarding Kent Place , that th is CoJncil has not seen the documents or the amendments that are proposed , It has been th•ough the Plann ing and Zo ~'ng Comm iss ion , and we hav an't re cei ved it yet. He asked Alan White , do you have a date as to the Publ ic Hea ri ng and when it will be co rn ing forward? Community De velopment Director White said the first reading is in two weeks . The Public Hearing , I believe , Is 30 days after that , then the secon d reading subsequent to that. It may be occurr ing in May, I believe , but if they would call our of :ice , we will be sure to get them the correct dates . Mayor Woodward sa id okay, or they can check the website , but the re wi,, definitely be a Publi c Hearing on that wilh Council and I would certainly encourage you to speak at that also , Thank you . Ms . Mary Sares said are those Public Heor ings posted, by sign? Mayor Woodward said yes . She said ok,,y. (d) Kim love, an Englewood bus:nessman , said I address you again tonight as President ot Englewood Unleashed , I would like to remind everybody ... our good guests here tonight and the City Council. .. that this coming Sa turday , April 12th, is our biggest annual fund raiser ... it is our 3''. It is our Chili Cook Off which runs between 11 a.m. and 2 p.m. at the Malley Senior Center which is very close, obviously, here to City Hall . We expect a record crowd th is year because there as been a lot of promotion . As you know, we put a banner over Broadway and we have talked to a lot of bus inesses in the area , s~ we have a lot of excitement , on top of hand ing out thousands of flyers at the off-leash parks , particularly the Canine Corral. We have record numbers of entries this year. We have at least 30 entries , where last year we had 20 some . We have various categories including red , green and vegetarian recipes and some of you honorary members are going to be judges ... including the Mayor and Cily Council members . We hope you will be able to coat your tongue, because some , we understand, will be pretty hot... some will be mild too . So , we are going to enjoy our record crowd this year . We are antic ipating between 500 and 700 people , which is probably twofold over what we had last year . We have talked to many local merchants and vendors about having tables at our event and right now we still ha ve a few tables so, if any of you know any other rrerchants or vendors in Englewood or close by that would like to have a table giving exposure to the public , we s'III have a few , so we appreciate your help on that. Thi s year we are ha vi ng the Humane So ci ety br ing the ir adopt,~,, van and will be out in the parking lot of the Malley Sen ior Center and hop ing to adopt a dozen or so cogs , cast yea r it was a tremendous success . In fact , you may know Bev Bradshaw ... a previous Mayor of Englewood ... adopted a do~ ast ye ar, as well. .. it happens to be a Sa int Bernard or Saint Bernard mix, so it was a very cute little puppy . The impo rtant thing is that all of these dogs were bas ically homeless and were in a shelter and now they have lo vi ng homes . It is one o' the big be nefits if we can placa some of these dogs in some lo vi ng homes A lot of the people have excitement after they leave or when they come out in the park ing lot the :• will see all the dogs that are very anxious to see peop le. We hope that everyone will come ... if noth ing else, come to tast e th e chili . We will have vendors and there will be a lot of exci tement this year . For th ose of yo u who are help ing judge , we hope you will car 1e , at least, around 10 a.m. And aga in, th e event opens to the publ ic around 11 a.rn . to 2 p.rn . Thank you ·,ery ll'Uc h and I appreciate the tim e to talk to yo u. Mayo r Woodward said thank you Ki m. Communications, Proclamations and Appointments (a) A proclamation declaring April 18, :,008 as Arbor Day was conside red . Englewood City Council April 7, 2008 Page 6 Ma yor Woodward sa id I would like to read just a couple of th ing s lrom the Procla mat io n and that is: "Whereas , this holiday , called Arbor Day , was first observed with the planting of more that a million trees in Nebraska ; and Whereas , Arbor Day is now observed throughout the Un ite d States and the wo rld ; and Whereas , the City of Englewood , Co lor ado has been recognized for 23 conseculive years as a Tree Cily USA by lhe Nat iona l Arbor Day Fou ndalio n and des ire s to continue its tree plant ing ways : and Whereas , the State of Colorado will celebrate Arbor Day on April 18 , 2008 ." Mayor Woodward sa id our Director of Pa rks and Recreat ion Jerrell Bla ck ,s here to accept this Procl amatio n. COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 18 , 200 0 AS ARBOR DAY . Mayor Woodward asked if there was any discuss io n, There was none . vo:.e results : Ayes : Nays : Absent: Motion carried . Council Members Penn , McC:aslin , Woodward , Jefferson , Wil son , Oakley None Counc il Member Moore Mayor Woodward presented the proclamation to Director Bla ck . (b) A proclamal ion declaring April 2008 as Hous in g Amerir.a Month was cons idered . • Mayor Wrodwa rd sa id I wo uld lik e to read a few things regard ing that from the Proclama tion . "Under the U.S. Housing ,ct to promote the general welfare of the nation by employing its funds and cred it to assist the several • states a d the ir p,.'!1tical subdiv isions to remedy the unsafe and unsanitary housing cond itions and the acute shortage of decent , safe and sani tary dwellings for lower income fam ilies ; and Whereas , according to the ·state of the Nation 's Hous ing Report · 15 .6 million households now pay more than half of their income for housing , and on any give n night , there are nearly 750 ,000 homeless n&ti onwide and up to 3.5 million persons who experience homeless ness at some point throughout th e year; and Whereas , according to the National Low-Income Hous ing Coalit ion 's :Out of Reach Rep,ort", minimum wage earners are unable to afford even a one-bedroom home anywhere In the country , and BB % of renters in citie s li ve In areas where the fa ir market rent for a two -bedroom renta l is not affordable even with two minimum wage jobs ; and Whereas , the aforementioned groups have declared April , Housing America Month , part of a year-long , national campaign to inform the publ ic and decision makers of the cr itical need to add ress the nation 's hous ing and community development concerns ;· COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL ~008 AS HOUSING AMERICA MONTH. Mayor Woodward asked if there was any disc uss io n. The re was none . Voto results : Ayes : Na ys : Absent : Motio n ca rr ied . Council Members Penn , Mccas li n, Woodward , Jefferson , Wil so n, Oakley None Coun ci l Member Moore Mayor Woodward sa id Janet Grimmett from the Commun ity Development Department Is here to accept the Pr oclam at io n. He said congrat•1lntions . Ms . Gri mmett sa id thank you . 9. Consent Agenda • • Englewood City Council April 7, 2008 Page 7 COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I), (II) and 9 (c) (I). (a) Ap proval of Ordinances on First Reading (i) COUNC IL BIL L NO . 20 . INTRODUCED BY COUNCIL MEMBER OAKLE 'f A BILL FOR AN ORDINANCE APPROV IN G AN IN TERGOVERNMENTAL AGREEMENT (IGA ) :O NTITLED "CONTRACT BY AND BETWEEN THE DEN VE R REGIONAL COUNC IL OF GOVERNMENTS (DRCOG )" FOR REIM BURSEMENT TO THE CIT Y OF ENGLEWO OD, COL ORADO FOR MISCELLANEOUS TRAFFIC SIGNAL EQUIPMENT . (b) Approval of Ord inan ces on Sec ond Readi ng (1) ORDINANCE NO . 17 , SERIES OF 2008 (C OUNCIL BILL NO . 18 , INTRODU CED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVllsS AN INTERGOVERNMENTAL AGREEMENT (IGA ) ENTITLED "LICENSING AGREEMENT REGARDING DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT" BETWEEN THE DENVER REGIONAL COUNC ,L OF GOVERNMENTS AND THE CITY OF ENGLEWOOD , COLORADO FOR THE CITY 'S PARTICIPATION IN THE DENVER REGIONAL AERIAL PHOTOGRAPHY PROJECT (DRAPP ). (ii) OR DIN ANCE NO . 18 . SERIES OF 2008 (C OUNCIL BILL NO . 19, INTRODUCED BY COUNCIL MEMBER MOORE) • AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "LICENSE AGREEMENT" BETWEEN THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT AND THE CITY OF ENGLEWOOD , COLORADO IN SUPPORT OF THE CITY 'S USE OF STATE WAGE AND EMPLOYMENT DAT A. (c) ResolJtions and Mot io ns (i) A co ntra cl wi th Integrated Electri c, In c., for th e co nsl ru clion of the Broadway and Tults traffic signal , in the amount of $4 6, 156.69.00 . Vote results: Ayes : Nay s: Absent: Moti on ca rried . 10. Public Hearing Items Coun ci l Members Penn , Mccasl in, Woodwa rd , Jefferson , Wilson , Oakley None Council Member Moore No pub lic hearing was sc heduled befo re Coun ci l. 11 . Ord inances, Resolution and Motions (a) Approval of Ordinan ces on Fi rst Read ing (i) Golf Op erat io ns Manag er Sp ada pres ented a recommendation from th e Park s and Re creat ion Depa rtm ent to adopt a bill for an ordinance approving ar agreement wit h McGe trick Golf Acad emy to op era te the Broken Tee Engl ewoo d Indoo r Traini ng Ce nte r . • COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO . 21 . Englewood City Council April 7, 2008 Page 8 COUNCIL BILL NO . 21 , INTR ODUCED BY COUNCIL MEMBER PENN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND McGETRICK GOLF ACADEMY FOR A TRAINING CENTER AT BROK EN TEE ENGLEWOOD . Mayor Woodward asked if there was any discussion . Mayor Woodward sa id I would just like to say tha t I think you have obtained a real professional group of traine rs that will ma ke the City, and Broken Tee Englewood , very proud ... some of us will truly ne ed them . Counc il Member Penn said Bob , I really encourage you to try getting Englewood kids over there ... Englewood citizens . I think that would be very important and hopefully you will work towards that. I know I talked to Jerrell about good things that are happening , so please do thal. Mr. Spada sa id we will , we will do our best Randy . Mayor Woodward asked if there was anything else . There was nothing more . Vote results : Ayes : Nays : Absent: Motion carried . Mr. Spada said thank you . Council Members Penn , Mccasl in, Wood ward , Jefferson, Wilson , Oakley None Counc il Member Moore (b) Approval of Ord inances on Second Read ing There were no additional items submitted for approval on second read ing . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Gryglew ic z prese nt ed a recommendation from the Finance and Admin is trative Serv ices Departmen t to approve a resolution supporting disposition of funds received from the Regional Transportation District's purchase of land from the Englewood Mclellan Reservoir Foundation . He sa id th is is a resolution support ing the sale of approx imately 1 0 acres of land to the Regional Transportation District for a tight ra il station , to be bu ilt some time around 2016 . It was so ld by the Englewoo r "clell an Reservoir Foundation . This will probably be the only sale of the property und er th e control of the Fe ,dation . Th is was a sate under threat of condemnation . The gross proceeds of the sa le was $3 .2 mill ion . We had $182 .50 clos ing costs, wh ich netted the Foundation $3 ,199 ,817 .50 . The dispos itio n of the proceeds are first to repay the Water Fund 's cash advance of $100 ,000 .00 , pa yment in full for the surplus land that the Water Fund had and that was £280 ,675 .00 for a total to the Water Fund of $38 0,675 .00 . The Genera l Fund Is being repaid $150 ,000 .00 . The Englewood Mclellan Reservo ir Foundation will retain $2 ,170,000 .00 for future developmen t of the property ano :he rema in der of $499 ,142 .50 wi ll be :ransferred to the Gei:e ral Fund Long Term Asset Reserve . COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 34, SERIES OF 2008 . RESOLUTION NO . 34, SER IES OF 2008 • • A RESOLUTION SUPPOR TING THE SALE AND DISPO SITION OF THE 0 ROCEEDS FROM THE SA LE OF A • PO RTION OF THE ENGLEWOOD McLELLAN RESERVOIR FOUNDATIUN (EMRF) PROPERTY TO THE REGIONAL TRANSPORTATION DISTRICT (RTD). Mayor Woodward asked if th ere was any disc uss ion or quest io ns . • • Englewood City Council April 7, 2008 Page 9 Council Member Jefferson said is this land prep stuff listed on here , is that dirt moving ... the expenses listed under the EMRF area for land preparation? Dir ec tor Gryglewicz said ii is mainly moving dirt , fi ll ing and gelling th e land ready for develop ment. We are j ust doing ground le ases . We are not doing any building . Just basically cuts and fills and anyone who has dealt with this , it is very expensive but we think the property will become mu ch more marketable and valuable and produce a long term revenue stream for the City . Mayor Woodward asked If there were any other quest ions . Mayor Woodward sa id Frank . I do have one . And that is , und er the Water Fund , it says payment in full for the land . Does this transfer represent the total cost of all of the Mclellan land to the Water Board ? Mr . Gryglew icz said th is is the historical pr ice of the land that was not ne eded for the Reservoir and it will be transferred to the Water Fund for their use . Mr. Wo odward said okay, so under futu re leases ... ! mean , this bas ically would repay the Water Board for that land . Mr. Gryglewicz said yes . Mr. Woodward ss ,,1 okay, thank you . Mayor Woodward asked if there were any other ques tions or comments . Counc il Member Penn said I just have one quest ion . If we hadn't sold this land , where would we have gotten this money for land preparation ? Was that already di sc ussed and was that already budgeted ? Mr. Gryglew icz sa id we did not ever budget that. The funds were not available until this property was sold for the future light rail station . We would have had to find the money somewhere , but obviously it is a substantial amount of funds that aren 't readily available , but this land sale happened lo come up and ii funded the land preparation . Council Member Wilson said Is that the grading that they are always talk ing about? Mr . Gryglew icz said there will not only be grading , bu t there is some infrastructure that has to be done . Also , just moving the dirt alone can be incredib ly expensive . You know when you are talk ing about moving dirt at about $10 a cubic yard, it can get very , very expensi ve to do all this work Council Member Wilson sa id and what would the infrastructure be? Mr . Grygl ewi cz said you might have to bring in a sewer line or something like that under the property to make it buildable ... so all of those sorts of actions that would have to be done to get read y fo r som eo ne to come in and actually put a building there . Mayor Woodward said I think we also had so me storm water work that needed to be done to divert storm water and possibly some shoring ... that type of thing that is included in the land preparation . Mr. Grygle wicz said right and some of those actions ... moving, fi lling sv me of the retentio n areas can net more leasable land , which will provide the General Fund , or wha teve r fund the Council determines , with more revenue in the future . Mayor Woodward asked if there were any other que stions . Cou rcil Mem ber Jefferson sai d with the land prep, I kno w this stuff nee ds to be don e to make th is la nd marketable , I understand that, but I guess at some poi nt... its still fairly far in the future ... I mean I don 't know exactly when that RTD rail is going to head in that dire ction , but I think it is lik e 2015 or something like that, and I don 't know . I am just wond eri ng if there isn 't more emin ent issues ... li ke the Bates station ... that we could us e th is fund ing for . • Mayor Woodward said th is fun ding is part of th e Eng lewood Mclellan Reservoi r Foundat io n money , so ii is a little more difficult th an j ust bei ng General Fund money and where ii would be comi ng from . Englewood City Council April 7, 200B Page 10 Counc il Member Jefferson sa id so we cou ld ask them to put ii in the General Fund or not ? My concern . I'm just br ing ing th is up ... I mean , will EMRF come back to us ... when they are actually mo ving th is dirt ... for app roval to spend tho se funds . No? Mayor W:,o dward said I bel ieve they will come back , won 't they ? City Manag er Sears said maybe Mik e could help us . Unfortunatel y, Rick was unable to come tonight , but I kn ow that the inte nt ion of th is was to have at least some of the elements of th e development , and the relocation of the dirt and the work , to al least report to Council on the progress . Deputy Cit y Manager Flaherty sa id we actually have a lease pending at this point and that is near complet ion on one of the properties that does require extensive grading . That is the same property that Jim pointed out th at we will be doing storm sewer work on it as well. In addit ion , we have a second proposal before us now , that we will be re sponding to this week . It will potentially require some additional improvements . However , if Counc il des ires . we will report to Council '" any and all of our activity at Council's request. Council Member Oakley sa id the reason I brou ght the proposal forward , and made the motion , is that obviously we went into great detail on this before last years election . And even though RTD is not going to be going in there until 2014 , land development is beginning almost immediately . And that is the reason ... we thought this was a windfall actually , for RTD to be able to pay us fo r th is land ... the only one who can ... and giv e us some money to go ahead and get this lan d ready for development. Mayor Woodward said that Is the other point , the negative number here is $500 ,000 .00 . Is RTD paying us for that grading? But I think there is some of the other grading ... and I think lt's ... plann ing area 84 , Mike , or maybe it is 85 , where the housing development is going in, where we are moving some dirt for them . I mean ii is a • complicated thing that Is going on . One of the things that very well could happen is with the lease rev enues • from some of thes e properties , which includes revenues to the General Fund , which will be coming in later, and as you have mentioned the revenues can be used for projecls such as Bates Station . I mean, obviously, we could look at that sort of thing , as far as Ba tes Stat ion . It's important that we get this grad ing done to ensu re that the land is in the most valuable condition as soon as possible . I do not believe , personally , that that necessarily means that we should lease it as soon as possible . But it would be cheaper to do ii now than it will be three to five years from now , or te n years from now. Council Member Jefferson said you mean moving the dirt is go ing to be cheaper now? Mayor Woodward said yes . Director Gryglewicz sa id the Mayor did mention that we may nc: :c~;e this im med iately , but that ii will be available for lease much sooner and th is will produce a long tern, revenue stream for the City that can d~ .. ,er projects . Counc il Member Jefferson sai d I totally agree with that Frank and I hope my point isn 't mistake n. I understand lhat th is is what needs to be done . I just want to be reassured that , st,ategically, we 're outlaying lhis money at the right tima ... considering all of the other things that we need funding for . Mayor Woodward ask ed if there was any other discuss io n. There was none . Vote results : Motio n carried . Ayes : Nays : Absent: Council Members Penn , Mccaslin, Woodward , Jefferson , Wi lson , Oakley None Council Member Moore (ii) Director Gryglewicz presented a re commendation rrom the Finance and Admi nistrative Servi ces Department to approve a resolution authoriz ing a supplemental approp 6at io n to the 2008 Budget and a year-end supplemental appropriation to the 2007 Budget. He said for 2008 , what occurred was actually a • cler ical om iss ion of these three items and Iha Gene ral Fund , under source of funds for leg islat ion , there was not an acco unt ing for Kee p Engl ewood Beau tiful contributions of $15 ,000 .00 and the use of those funds whic h will act ually go to the General Fund unre se rved , undes ignated fund bal ance. In the Water Fu nd , the source of • Englewood City Council April 7, 2008 Page 11 funds ... is available funds and what was not appropriated were premiums for lhe property and liabil ity insurance . The Sewer Fund , again , the so urc e of funds is available funds and the use of the funds is for property and liability Insurance prem iums cl $7 ,960 .00 . For 2007, and th is occurs pretty much every yea r, I don't th ink I've ever seen a year where we did not have a supplemental at the end of the year, and generally , we don 't know the amounts until we put the annual financial report together and these show up because , a lot of limes , bills are not received in a timely manner and then the budget goes over for some anticipated expenditure and we need lo come to Counci l. In this case , for the General Fund , the source of funds for th is was $11 ,876 .00 from unreserved , undesignated fund balance to transfer to the Donor's Fund to make it whole because they had ove rspent by that amoun t or for projects that they completed . In the Dono r's Fund , the source of funds was $112 ,000 .00 , Of that , th e transfer in from the General Fund of $11,876 .00 , from the reserved fund ba lance for Safety Services $50 ,000 .00 and from the unreserved , undesignated fund balance , $50 ,124 .00 . And again , the use of those funds wa s the Keep Englewood Beautiful Donor's Fund programs , Safety Services Donor's Fund program was $50 ,000 .00 , and the Recreati on Donor's Fund programs were $31 ,000 .00 . Also, in 2007 , the Commercial Revolving Loan Fund provided a gran\ to the Mic ro Business Development and that was $69 ,800 .00 and that came fcrm the unreserved , undesignated fund balance . In the Parks and Rec Trust Fund , there were scholarships that were provided for $1 ,800 .00 and the funds from that came from fund balance , In lhe Central Serv ices Fund, there was more busin ess activity , so the use of funds for cost of goods sold, the source was retained earnings , Paving District 38 , lhe source of funds there were assessment revenues and the use of those was interest on long-term debt of $810.00 , COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -RESOLUTION NO, 35, SERIES OF 2008 . RESOLUTION NO . 35, SERIES OF 2008 • A ~IESOLUTION APPROVING A SUPPLEMENTAL APPROPRI AT ION TO THE 2007 AND 2008 BUDGETS FOR ITEMS NOT PREVIOUSLY APPROPRIATED . Mayor Woodward asked if there were any comments or questions , There were none . Vote results : Ayes : Nays : Absent: Motion carried . Council Members Penn , Mccaslin , Woodward , Jefferson , Wilson , Oakley None Council Member Moore Mayor Woodward said thank you Frank . 12. General Discussion (a) Mayor's Choice (i ) Mayor Woodward sa id last we ek o.,e of the Englewood Educat ion Foundatio n Board members spoke to me about the ir Fall Fling . They have scheduled ii and , just like lasl year , lhey want to utilize space within Ci ty Center ,,. Hampd en Hall and the Commun ity Roo m. Wha l I he y were asking is if they co uld get a wa iver of the fees for use of the facility , less the actual cost of cuslod ia l costs, etc , or those actual hard costs that might be required to put on that event , by staff. I think you all know lhat the Englewood Education Foundation supports Englewood Schools , This is their annual , largest fund raisi ng event and it is another opportun ity to partner with the school distri ct in supporting th e schools . MAYOR WOODWARD MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO WAIVE THE FEES • FOR THE ENGLEWOOD EDUCATION FOUNDATION'S FALL FLING TO USE HAMPDEN HALL AND THE COMMUNITY ROOM, Mayor Woodwa rd ask ed if there wa s any discuss ion . Englewood City Council April 7, 2008 Page 12 Council Member Mcc aslin sa id I've attended the last coupl e of years. My wi fe is a pr inci pa l in the school district. and I feel that it was a very well attended event. And we moved from one area to another , the location was good . I had a great time . I wou ld like to see them do it aga in. Ma yor Woodward said ther e were numerou s comments that I heard that it was nice to actually have it in Engle wood , instea d of out of the City . Council Member Mccaslin said two ye ars ago they held it at INVESCO Field , which is a nice venue , but I don 't know what the co st was to the Englewood Foundation . Mayor Woodwa rd said before that it was at the cable bu ilding , so I think it is nice to have it in the City . Coun cil Member Mccaslin sa id the last three years , except for last year , it ha s been ou t of the City . Mayor Woodward asked if there were any other comments . There were none . Vote res ults : Motion carried . Ayes : Nays : Absent: Counc il Members Penn , Mccaslin, Woodward , Jefferson , Wilson , Oakley None Counc il Member Moore (ii) Mayor Wood ward sa id I have a Council Request. For Bob and anybody else that 's on KEB , Alan , I would like to fi nd out the status of the Adopt-A-Street program . There have been discussions, that have been going on for a couple of years . I know that there are students and other groups that are interested in • participat ing in that program . I woul d like to find out th e status on that. • Council Member Mccaslin said if I could comment. We hava a KEB meeting tomorrow nignt, so I can bring it up . It might be a great time for discussion and Alan , if you want to put in a Council request after the meeting . I'll let you know . (b) Coun cil Members' Cho ice (i) Council Member Penn : 1. He sa id I would like to thank my fr ie nds from EYSA for co ming by and sha ring their proje ct with us . encourage Jerrell to continue working closely wi th them . Hop efully , we can assist them as much as we can with the fields and the operations , and I know that Jerre ll has some othe, ideas to hel p them . I know my good frie nd Bob is go ing to ma ke a mot io n in just a little bit. Where we can he :r them with the volunte ers and host fam ilies , hopefully , they will come bac k to us and we ca n continue to help them . 2. He sa id reg ard ing the peo ple who spo ke about Kent Place ... it's ch anged so many times that I'm kind of like them . I re ally don't know where they 're go ing or wh ere we are go ing to go 'Nith th is thing . I wo uld like to see maybe the developers go back to th e cit ize ns again and find out what th ey are th inki ng , becaus e I don 't th ink they have the same th,ught proces s going on that they ori gina lly ca me to us wi th six or seven years ago . I trul y enco ura ge them to go back into the co mmun ity and fi nd out what's go ing on and po ssibly listen to some of th eir co ncerns . 3. He sa id Kim , I'd love to be th ere Saturda y, but only if it doesn 't snow . If it sn "ws , a lot of people probably won 't come , but I'd love to try that chil i and so , hopefully , we can ge t there . 4. He said I attend ed th e Englewood Fire Departmen V Englewood Police Department Open House . It was • a great time . Thank you . Th ere were a lot of citi>ens the re and ;1 lot of great P.R. going on there . • Englewood City Council April 7, 2008 Page 13 5. He sa id regard ing th e Colora do Ra il Authority . We don't pay any money yet, but they are kind of looking at me . So , on e of these da ys they are probably goi ng to ask us to fork over a few dollars. I don 't know. Our project now for Colorado Ra il Authority is running anywhere from $7 bill io n to $44 bill ion. (i i) Council Member Mccaslin: 1. He sa id I would like to thank th e Englewood Sports for showing lip ton igh t On behalf of the Englewood Council, I would like to make a motion. I fee l real cheap about u,:s and i apologize, but I would like to make a motion that we donate $300 .00 , al least, lo gel you ,tarted or to help you out. And aga in, I know what it is going to cost you to run it and I appreciate all of your work. Be ing an umpire for 39 years, I know what it is going to take to run it. I w ish I could give you more. COUNCIL MEMBER MCCASLIN MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE A DONATION OF $300.00 FOR THE ENGLEWOOD YOUTH SPORTS ASSOCIATION MIDWEST PLAINS REGIONAL SOFTBALL TOURNAMENT. Mayor Woodward asked if that would be coming from City Council's budget. Council Member Mccaslin sa id yes , it would ~e com ing from City Council's budget. Mayor Woodward sa id we have a contingency fund I bel ieve of $1000 .00, within the Council budget . Is there any discussion? Council Member Jefferson asked is that $1000.00 generally used at our discretion : Mayor Woodward said we have $1000.00 for the year to utilize for different th ings that may come along . For • example, something like th is or the firemen , for example, going to some of their trainings or their competitions , where they've done real well , or individuals that may come in that need something . That's part of the City Council budget, if you haven't seen it. Council Member Penn sa id I am like Bob. I wish we could give more aod if there is any way we can help , to try to get you more money, we will work with you . Mayor Woodward sa id Lila , I would like to thank you and your family for all of the years that you 've spent with and for the youth of Englewood . It's a lo t. I know. I've seen you out there , both you and Tom and the kids and you too Judy. Council Member Penn said maybe you could have Bob officiate for free. Council Member Mccasli n sa id oh no . Maybe for half price, but not for free . Ms. Down ing sa id we already have a job for Bob . Council Member Mccaslin sa id I'm sure you do. There was laughter. Mayor Woodward as ked if there was any other discussion. There was none. Vote results: Moti on car ried . Ayes· Nay s: Absent: Council Members Penn , Mcc aslin , Woodward , Jefferson , W ilson , Oakley Non e Council Mem be r Moore 2. He sa id I wou ld like to bring up the Kent Place. Aga in, this has chan ged hands a couple of times , I think , but weren '1 there some community meetings with th& developers and the res idents? I thought that they w ere pretty much on th e same page. They tal ked abo el lhe shadowing of the housing . • Mayor Woodward said we ll , there's been a change. Cou ncil Member Mccaslin said right. That's what I'm try ing lo clear in my mind . Wa s that th e fi rst de veloper that came in? I know !h ey specifically addre ss ed that is sue about l he sh adowing . Englewood City Council April 7, 2000 Page 14 rAayor Woodward sa id ii was the first deve lo per and ii was also the second developer that came in, while you were here, that showed the shadowing stuti ios . From what I understand , in the P & Z public hearing , they had some shadowing studies also. I've also ho1rd that there were some people , that may have been here ton ight, I don 't know, that weren't aware of the shaduwing stud ies or didn 't look into the shadowing studies ... or hadn 't partici pated previously. There ; a nu mber of items though , that these people have brought up, tha t we haven't seen , that I haven't seen or know wnat that entail s. Coun cil Member Mccaslin sa id o~ay. T :,~.· was my question . I do remember the con versation . Thank you . Mayor Woodward said I think thal's sornelhing Alan , that you may want to pass on to Continuum , that when the y come here that they need to ha ve their shadowing studies read y to present. Council Member Penn said may I add ? I think they put th is hotel thing in here a lso , lhat we 've not even heard anyth ing about. It's someth ing of a concern. We need to take a loo k at it and see wh at happens with that too . Mayor Woodward sa id I agree. Alan , do you have somelh'r ,J t. a~e ; Director White said I'll pass that information alon g. They Gld t,~v,: ih ·e '"t w shadowing information ava ilab le at the Pl ann ing anc' Zon ing Commission hearing last month all ~ou J.!11 see that information as well. 3. He said I will be one of the judges and my wife will be ,,ne of the judges, at the chili cook-off. So, bring some 2'.antac . we·:! see "0:1 Saturday . Thank you . (iii ) Council Member Oakley: 1. He said I too would like to thank the Eng lewood You th Sports Association for bringing the tournament tr, Englewood and , hopefully, we've done, at least something for you . 2. He said since I've read that the Kent project was com ing back to us again , I can 't help but think of our rushing last fall to try lo help things along, with the last presentation we had . And now here they are com ing back w,th another one , so I feel that th is thing is dragging on a long time and I think we ought to gel this before us to see what we can do . (iv) Council Member W il son : 1. She said I th ink that th is softball to urnament is a great thing . II is a community builder and I congratulate you . Thank you for all of yo ur hard work . 2. She said I also attended :he Museum of Outdoor Arts and the Jurie d Art Show on Friday and I think ii was well received. I enjoyed that. 3. She sa id the people on Ogden Street that sent the ler rand the petition ... · have emai led them for addres s•s for all of th e people , bu • I d idn 't have a chance to cr.ock my email, so ' dun 't have tha t. Bui, I think we need to see how thi~ was done, what happened , what kind of policy was decided on and if we can get c~p ies of that to figure it out... because th is did not come before Council. Correct? Gary ? Dan? City Attorney Brotzman said corre ct. Coun cil Member W ilson sa id we need to see what happened and how we got here and then see what we want to do about that. Was there any other information we wanted to ask for? • • Council Member Oa kle y sa id no . There was a letter from Alan that we got tor1ghl; it was in my bo x. Maybe I • ca n just address you Alan . You explained th e situation in Aug ust 2006 and a Council discussion . And that di sc ussio n doesn 't come to mind , so I nee d some clarificat ion on that. Council Member Wilson said if we could gel a copy of th at Study Session to fin t out what happened. • Englewood City Council April 7, 2008 Page 15 Communily Development Director White , aid I'll need some help on m inutes for Study Session . I don 't th ink we have those . City l'.'anager Sears said Alan wasn 't he ·c In ZJ06. We ha ve had som e staff discussions ... this letter did go out. We do have a policy that we can forw ,d to City Council on wll at the Council was reviewing at that point in lime but in terms of any minutes, we 'll pull •r.at togethe r. Since it was a Study Session, there may not be m inutes . Council Member Wilson said were ther,~ ., ... , cha 1ges to the ordinancP."' Mayor Woodward said I think it was a disc us -'on concerning the UDC . As I recall , we were discuss ing signage and some of the th ings that may have been lacking in the UDC which needed to be addressed. That we need to give the City Manager, or Community Development through the City Manager, the ability to address some things . I think if staff looks at signage , they may be able to find it. City Manager Sears said I know that Nancy Reid was at that meeting and there was discussion about the proposed clean-up ordinance and the pohcy would be part cf that. I don't know the status of that or why that wasn't done at that point in time. That is exactly what Alan was referencing , so we have sent the letter out , we can provide the policy to the Council and we will provide Council with a summary of how that pol icy has been used and where the status is legally, especially as it relates to codification of tha l policy. Council Member Wilson said , also, has anyone else usec it? Do we have tl ,at information in the City? The 5%? Director White said I can tell you that no one else has use,' it. Council Member Wilson said okay. Thanks . So, if we can get that information , if everyone agrees to that, • before we can make any decisions or go forward . 4 . She said I W•JUld like a copy of the on'.inance that creatr j EMRF and EEF , and how that was created and how ii was determined who would be on tnat committee ... •hose two committees . So, I would lik e to see those as a Council R?quest. 5. She said I have information that was in the paper and it's on the So lar Finance Plan Heats Up. It is House Bill 135L Jnd if we could pass th is on down and , as a Council reque ~t, see what we can do to implement that or help i:nplement it. I think that would be a huge bonus for the City, that l"e could offe ·. Mayor Woodward said Jill if I could just men \io n something . Council Member Wilson said go ,,he ad . Mayor Woodward sa id la st week ,,t the Metro Mayor's Caucus meeting , which is made up cf 37 or 38 mayors within the Metro area, we did a letter to Re presentative Alice Madden . She is the one behind th is Bill 1350, regarding the facilitation of the financing cf renewable energy. After discussing this wi th Dan , I put my name m that as Mayor, not representing City Coi,ncil . I just want to pass out that letter of support from the Metro Mayor's Caucus to everyone here. Thdt was also done in regards to transportation. 6 . She said about Kent Place .. , th~y will be coming here to present their plan? What's the next step? City Attorney Brotzman sa id the ne xt step Is the first reading , and th ey will establish a public hear:ng at that time. Then the developer w ill have a formal presentation at the public hearing . Council Member Wilson said okay , will that be at a meeting ? City Attorney Brotzrran said that's at a :egular Council meeting . Ms. Wilson said the presentation? Mr. Brotzman sa id yes . Ms. Wilson said okay . I think we need to see where it's going and how it's go ing to affect the residents . Because everyone, at the beg inning of • this proj ect , was in total agreement and now that I th ink we have some people that are upset, we ne ed lo address those issues. I was hearing about Kent Place before I even got on Council , so it's been go ing on a long time . (v) Council Member Jefferson : Englewood City Council April 7, 2008 Page 16 1. He sa id I'm basically goin y to recond a lot that's been said . Ms . Do'.•,ning and the Eng lewood Youth Sports , than,, for bringing a great eve nt to our community. 2. He sa id I appreciate hearing the concerns of the folks regarding Kent Place. I certa inly understand that it is emotiona l and an important issue for the neighbors and surrounding communities . I would encourage them to be a part of the public hearing . I will certain ly keep in mind , going forward , that reducing the impact on our surrounding ne ighborhoods has got to be a priority . 3. He sa id Kim , I'm looking forward to the chili , on the 12'". 4 . He said I will second the idea that we do need some more background info on that Ogden situ ation . 13. City Manager's Report (a) City Manager Sears sa id , unfortunately, Rick Kahm was taken to the hospital this morn ing . He seems to be in good sha pe . I talked lo him about 4:00 this afternoon . He had an MRI and it appears tha t all the signs he exhibit od were not serious . So , hopefully he will be getting better and we 'll keep Council posted as he has some additional tests . (b) City Manager Sears said I received a call , th rough Mike Flaherty, from Littleton about setti ng up a T ri -C ity meeting . We're going to try to set a Tri-C ity me etin g up. I guess it's ou r turn to do that in May a,;~ so we 'll be sending out information to Council about some times to do that. Mayor Woodward said just to cl arify for the new members; the T ri-City meeting is Littleton , Sherida, and Englewood . 14 . City Attorney 's Report (a) Ci ty Attorney Brotzman presanted a motion to approve settlement of the E. F. Johnson Ca se No. 07 CV 1995 upon payment to the City of $80 ,00 0.00 . He sai~ th at's the police ra dio case. COUNCIL MEMBER OAKLEY MOVED, AND COUNC IL MEMBER McCASLIN SECONDED , TO APPROVE A SETTLEMENT OF THEE. F. JOHNSON CASE NO. 07 CV 1995 UPON PAYMENT TO THE CITY OF $80,000.00. Mayor Woodward as ked if there was any discussion. There was none . Vote results : Ayes : Nays: Absent: Mot io n carried . 15. Adjournment Council Members Pen,, Mccaslin, Woodward , Jefferson , Wilson , Oakley None Council Member Moore • • •