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HomeMy WebLinkAbout2008-04-21 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY , COLORADO Regular Session April 21, 2008 The regular mee 'ng of lhe Englewood Cily Council was called to order by Mayor Woodward al 7:46 p.m. 2. Invocation The inv ocation was given by Council Ma,.,ber Mccaslin . 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4. Roll Call Presen t: Absent A quorum was pre sent. Council Members Jefferson , Moore , Penn , Oa kle1·, Mccaslin, Wilson, Woodward None Also present: City Manager Sears City Attorne y Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director Fonda , Utilities Director Kahm , Public Works Fleet Manager White , Pub lic Works Streets Ma intenan ce Manager Montgomery , Publ ic Work s Director While, Commun ity Development Senior Planner Langon , Community Dev elop ment Directo r Eaton , Human Resources Poli ce Comm~11der Watson 5. Conslde11tl'>n of Minutes of Previous Ses si on (a) COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 7 , 2008 . Mayor Woodward asked if there were any changes or modificat ions . There were none . Vote results : Motion car 1 '!d. Aye s: Nays : Absta in: Council Members Penn , Mccaslin , Woodwa rd , Je~erson , Wilson , Oakley None Council Membe r Moore 6. Recognition of Scheduled Public Comment There were no scheduled visitors . Eng lewood Ci ty Co un cil April 21 , 2008 Pago 2 Recognition of Unscheduled Public Common t (a) Tom l'.othe, an Englewood res ide nt, sa lu I am here to talk about something th at I don't thi nk has ,my merit now , after the Study Session tonight. I was go ing to talk about the poss1b1hly of having a singl e company tra sh hauling co ntra ct, as it see ms you have been batting around tile idea in the City of Eng lewood la tely I didn't have much in teres t in th is until I started checking pn ccs to switch trash con "J a:11es for my se lf and I found that the o;or v1ce I get from my trash company . even though it is a little high er than jth er trash comp ant es . ,s far superior to anv or lhe others I empathize with th e people tha t have 11 or 12 trucks comin g up and down th eir neighborh ood at all hours of the day and night... in my area we only have one. We have no all eys , so ,t ,s rea lly a moo t poin t lo switch to another trash hauling company at this time . l ju s~ wa nt ed to come in an d state my opposi l 10n Dul , I und erstand aflcr th e Study Session, that tt,h · may r ,t be any good any more. So, th an k you Mayor Wo od wmd sa id thank you . 8 Communications , Proclamations and Appo intm ents (.1) A le tt er from Ken Bronson an noun cing his resigna tio n from Keep Engl ewood e 1autiful was co nsidered COUNCIL M EMBER WILSON MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO ACCEPT THE RESIGNATION OF KEN BRONSON FROM KEEP ENGLEWOOD BEAUTIFUL. Mr1y or Wo odward asked 1f th ere were any Cl""mmcnt s There were none Voto results: Mo lmn r.a mccl Cm mcll Mcrnb ors Penn , McCa shn , Moore . Woodwarcl . Je fferso n, Wilson . Oakley None !) Consont Au on da M:1yor Woodwau l s:1 1d I would 1ust hke to point out that , with regards to the Lion s trai n, ll nd er th e Co nsent Aocnda 9 ('1) (1 ). 111;,1 I an, a mem l>c r of the Lions Club . I don't feel th at this w,11111I crlcrr w ith my vole at all . but I do wm1t to d1 sclo :;c that COUNC IL M EMB ER MOCR::C MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE CO NS ENT AGE NDA ITEMS 9 (a) (I) (II), 9 (b) (I) and 9 (c) (I). (a) Ap prova l ol Ord ina nces on Fir s! Re ading (1) COU NCIi. □I LL NO 15 , INrnODU<:ED BY COU NCIL MEMBER MOORE /1 :Ill I I OI{ AN OHi >INANC:l: Al'I •1mv•N G fl IE CO N fHAC I IJ E !WEE N fl IE CITY OF E NG LEWOOD, COI.Ol lADO. AN I l I NGI I WOOD I. ION S C ! UD r-DR MAIN'I [NANCE OF TH E ENGLEWOOD LI ONS CL U0 MINIAltlllE IIMI N (111 COUN CIL BILL NO 16 . INTRODUCED BY COU NCIL MEM BER MOOR E A 11 111 IOI{ AN OHOI NAN CE APPROVIN G AN INTER GOVERNMCNTA L AGREEM ENT BE TW EE N THE CITY OI I Nr;I I WOOD. COLORADO , AND T HE CIT Y OF CHERR Y HILL S VILLAGE. COLORADO , WHEREBY 1111 C:I I Y 0 1 ENGLEWOOD WILL PR OVIDE TH -CITY OF CHl:HflY HILLS V:LLAGE WITH VEH ICI.E M AI NII NA •i 1:[ • • • • Englewood City Council April 21, 2008 Page 3 (b) Approval of Ordinances on Sec ond Reading (i) ORDINANCE NO . 19 , SERIES OF 2008 (COUNCIL BILL NO . 20, INTROD:.J CED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "CON'"R A(, T BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG)" FOR REIMBURSEMENT TO THE CITY OF ENGLEWOOD , COLORADO FOR MISCELLANEOUS TRAFFIC SIGNAL EQUIPMENT . (c) Resolulions and Motions (i) An extension of the Intergovernme ntal Agreemenl for the City , · Englewood to prov,u~ the City of Sheridan w,th veh icle maintenance serv ices for 2008. Vote results : Motion carried . Ayes: Counc il Members Penn , Mccaslin, Moore, Woodward , Jefferson , Wilson , Oakley Nays : None 10. Public Hearing Items No public hearing was scheduled before Counc il. .11. Ord ina nces , Resolution and Motions • (a) Approvsl ~f Ord inances on First Rea ~ing (i) Senior Planner l.angon p1esented a recommen dation from the Community Development Department to •dept a bill for an ordinance autnorizlng the Denver Seminary Planned Unit Development (PUD) Amend m~nt No . 2 site plan adjustments . She sa id thi s Is Council Bill No . 23 . Community Development requests that Council set a Public Hearing date for May 19, 2008, to ct ,sider Amendment No . 2. The original PUD was passed in 2004 and Amendment No . 1 in 2007. The Planning Commission held a Public Hearing on March 18'" to consider this Amendment No . 2 and voted 7 lo Oto forward the recommendation to Council , with conditions . Those conditions are stated in the Staff Report . Since that meeting the applicant has addressed two of the issues that were discussed at the Planning and Zoning Commission Public Hearing and those two issues are the donmer issue that was negotiated wilh the Kent Village neighbors to the west and adjustment of the number of hotel rooms equaling the number of res idential un its ... same ratio -une hotel room equals one residential unit. Those two issues are addressed and in the Exhibit A thal you have before you Amendment 2 maintains the general character ol the development. II remains the same . It is still a mi xed-uSe residential and commercia l site with the retail component. Parking ral ios remain th e same. The acces s points remain the same . The University Boulevard turn lane remains the sam e ... that was negotiated with COOT and worked out in Amendment No . 1. And traffi ., even though there is an inc rease in retail spacr, and a decrease in residential un it s ... because of the balanc ing of those two ... it is fel! that traffic will not be greall ,• changed from the original traffic report . So , Amendment No . 2 covers a number of things . Fir st off is a change i1< an addition to two of the uses in the Table of Allowed Uses . Those are rasidential : the add ition of single and two -un it residences and then also Hotel Use . And then , as I mentioned , the increase in the retaiVcommercial space from the current 51 ,500 square feet to 75 ,000 square feet and a decrease in the number of residential units from the 350 un its down to 300 units . The other major chan ge is the creation of wt. ,t we are calling development envelopes . Unde r the current plan. each building is lim ited to the exact footprint of the building that was shown on the Amendment No . 1. Th is envelope system concept is a larg er area in which the building could move and ii is designed lo accommodate location and orientation changes with out having to come bac k each time for an amendment lo the PUD . The enve lope wo uld allow us es that are presr.ribed for those envelopes , to be in th ose envelopes , provided that the bu ilding meets the height . the se tba ck , the bul k plane and floor area req uireme nts tha t are establ ished in th e PUD. Using thi s envP.ln,.e system , I want to stress , that ii do esn't mean that the Englewood City Co unc il Ap ril 2', 2008 Page 4 b111ld1ngs will comple tel y fill th e envelope ; it ,s on ly th e area in whi ch a bui ldi ng cou ld be lo cated . The enveloµe 1s /;t rger than the rootpnnt We do ne ed to make sure Iha! we understand that A nd , 11 all ows for fl ex1bil1ty, as I sa id , In the bwldmgs location and orientation . And , it removes that need lo return '!ach time for a PUD amendmen t just to c han ge th e ori entnhor" or directio n of th e building or m oving the building over a few feet or whatever It also allow s the applicant a more tim ely reaction to market conditiori s . A,d, I think , 1f we look at ,1\( envelope as sort of like any othe r zone district in a ly pical R1 -A Zone District , yo u krow Ira, on a lot you have set lacks, you have height , you have bulk plane ... th ls Is the same thing , except that the envelope , each 111d 1v 1dual enve:op e, sort of acts as Its only lillle zo ne district of so rts . The PUD still contro ls the he ight , the bulk plane . the floor areas and all that is unchanged I will Include in the Slaff Report or the Co un cil Ct. nmu nlcation for lhe Public Hearing a comparison of the original PUD Amendm ent No. 1 and then Amendme nt No 2 so tha t you ca n see what the change s ha ve bee n and are proposed to b~. She sai d if there are any qcos ti ons, I will be l1appy to answer th em . Oth erwise , Commu nity Development reque sts th at you se t May 19. 200C fo r a Public Hearin g on Amendment No . 2 of the Denver Sem inary PUD . Cou nci l Member Wilson said I have a question . Th ey are going to be show1 1lg shadowing ? Ms. Langon said yes Ms Wilson said ok ay. As I un derstand the envelope , they can put th e bu,tdin g in any co nfi guration they want Ms Langon said correct. Ms. Wilson said so will they show, with in each envo:ope, a sh ift 111 al l !he bu 1ld1ngs ? I mean , are th ey going to kn ow wh ere \hey wa nt these bu ildings now? Ms Lango n said th ey do n't, not al this time !hat is what I understand . M s. W ilson said so th ey need to show t!1v Ghadowing of all lhe different co nfigur ations that co uld be assembled . Ms . Langon said well , I th ink lhal would be quite a task tr, show all the possibilities . Wh at th ey have shown al tho Pl ann ing Commiss io n ,s the full envelop e and tha t would be the wor st case scenario Ms. W ilson said okay Ms . Langon smd so whalO\/e r would be developed would be less than that worst case scenario . • Mr1yor W oodward sai d from what I have read in lh e P and Z minutes is that what they did show were the worst • case scenarios of moving lhose h111ld1ngs 1n 1he erwciopos Ms Langon said rig ht. Mayor W oodward nskcd 11 th ere were any oth er questions Council Member Perm said yes . on these envelopes, are thoy moving to the north w1th those envelopes or are they on ly go ing to move to tho south from the or iginal? Ms . Langon said from Amendmen t No . 1, the north enve lope, ,n the northeast portion , that has the same setbacks , the same bulk plane as Amendment No . 1. Mr . Penn said but what I am asking is, with this now envelope , is ii developed to move north , southeast...how do you have that arranged? Ms Langon said one of the envelopes now will be the full width of the west side, that ,s enve lope 2. And then , because envelope 2 now covers the full west side , envelo pe 3, wh ich is the north portion . will sh ift somewhat to the east. Mr . Penn sa id will it shift north? Ms . Langon said no . She said the envelope .. ,,11 cov er tha t area , but there are bulk plane steps and height limi tat ions within tha t envel ope . Courir.11 t 1embc r Wilson said are th ey askmg for cha ng es in the height of different buildings? Ms. Langon said th ere arr-some m111or changes lo levol off tho onvelopes , so th at th ere are not steps within the envelopes for 1nd1v1dual helghls of buildings Ms Wilson srnd okt.1y Mayor W oodwmd srnd on page 6 . 11 doos ;;1d clross th o so ll mcks and it does show th e direction s and wh ere some of lhose movcmonts have happonod Coun cil Mombo1 Ponn s..ud I 111st want to make sure that th ey i.lf C not going to th e north . be cause I thin k lhat woul d ronlly aff ec t th o shud ow1 11u even more I thmk \h oy shou ld slay and if th ey are going :o make a move, th ey should movo 10 tho so uth Mayor Woodward sai d. act unlly . I noti ced enve lope 2 decreased 11 7 112 foot and envelope 3 incre ased 11 by 11 33 foo t M,1yor W oo dwmd asked 1f th ere were any other question s for T1·1cra r:uu11c 1I Me mber Moore said Tncta , I 1ust w a nt to conhnn what I 111 111 k I heard you say . I know I would appreciate 1 qI .1p luc of wha t th e ong 1nal layout was. whnt we dtd 1n Am endm ent No I, and wh ere we are hea ded . I think • • • • Englewood City Council April 21, 2008 Page 5 you in dicated that will be in our packet. Ms . Langon asked as a graphic , As a dr~wing ? i.~, ~1.1~ .. 'tJ !-· .:, ves . Ms . Langon said I will see if I can work that out with the appl icant. Mr. Moore said lo be clea r, .«r ,1 sk ;ng for anyth ing that we haven 't already seen ... I've got visuals in my mind , I just don 't have all the mJic::.. Bu' w~ had an original layout that showed where the houses and buildings were . Then when we went lh ra •,gh Amendment No . 1 the road moved and the buildings moved . I am recall ing prior drawings ... if ,,;e ca" gel our hands on them. Ms . Langon said right , that is on three sheets anc we can do that. Mr . Moore sa id ,kay , that would be very helpful. Ms . Langon said I was thin king you meant on one sheet. Mr . Moore said ne , no, no , just pulling together that existing information . I would also like to make sure at the Public Hearing that we are exploring ... you mentioned the envelopes are intended to provida freedom to make minor change.sand the building won't fill the envelope , but, at the same time , I am sure we are go ing to want to know, IJ have some reassurance that the building won 't end up filling the envelope . Before what we had , if I remem~?' correctly , is you have this square of land you can go up on . If we give them an envelope for fl exi bility , what stops that envelope from being completely filled? I am sure there is going to need to be some co mfort that giving fr eedom to make some minor shifts , is not giving freedom to ... well , in particular ... end up causing the shadowin g , sues to get worse . Ms . Langon said I am sure we can work something out with th e applicant to be able to demonstrate that for you . Mr. Moore sa id thank you . Mayor Woodward said and I think , if I heard you right, if Amendment No . 1 and the original were saying that the floor plate was , as an example , 20 ,000 square feel for a particular building , that footprint...now that we have an envelope, that Is 60 ,000 feet , because it can be mo•,ed within it... that what comes back to you in final form Is not beyond that 20,000 square feet , within that 60,000 square foot envelope . Counc il Member Moore said there was a base square footage through Amendment No . 1 for a given building . The envelope will have a larger base square footag e. Ms . Langon said right. Mr . Moore sa id is it contemplated that the building that fits within that envelope will not exceed the original square footage in terms cf its footprint? I did not see that anywhere in here . Ms . Langon said I would take it that the applicant , w ith the request for location and orientation change , that instead of doing perhaps a perfect square that is 20,000 , maybe now , that It could be a perfect square that is 18 ,000 or 24 ,000 square feet , but then maybe a shorter building or a smaller footprint going up to the maximum height. I think that would be a question better directed to the applicant. Mr. Moore said it is correct. we don't see that yet. Ms. Langon said right. Mr. Moore said that is someth ing that we just want to make sure lo cover in the Public Hearing . Ms . Langon said that I believe is part of the flexibility request. Mayor Woodward said are there any other questions for Tricia at this time? There were none . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO . 23 AND SET A PUBLIC HEARING ON MAY 19, 2008. COUNC IL BILL NO . 23, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE DENVER SEM IN ARY PLANNED L r DEVELOPMENT (PUD) AMENDMENT NO . 2. Mayor Woodward asked if there was any further discuss ion . Mayor Woodward said I would just like to say that the two meet ings of the P & Z ... I fel t I ike they were really co mprehensive and they really covered a lot of material and they did a really , really good job on what they have done and what they have covered and the questions that th ey brought forward . Pl ease µass !hat on , because I th ink th ey really did outstanding work on that. Ms. Langon said thank you . I will pass that on , because they spe nt a lot of lim e on the issues . Mayor Woodward said any othe r discuss ion? Council Member Mccaslin said may I ask a quest io n? The con ce rns of th e people that were here las t lime about Kent Pla ce , were th ey pa ssed on to the developers al any point ? Eng lewood City Council April 21, 2008 Page 6 C1 1y Att orne y Brotzman said I was at that heanng . Those same iss ues were brough~ up , actually , at the Pu blic Hearing Mr . Mccaslin said okay , !hank yo u. Council Member Penn sa id I would als o like to see what the ir answer was to lhet;e oeo ple . Mayor Woodward said w1lhin the packet there is a letter dated Apr il 9"' from Kent ,'lace which, I th ink , certainly starts to add ress some th ing s, which they weren't obligated to do . Ms Langon said these were iss ues ra ised two weeks ago and have not been passed on to the applicant yet, because Council just approved the minutes this evening . Council Member Mccaslin said okay, but they w,11 be passed on? Ms . Langon said yes . Mr. Mccaslin said thank you . Mayor Woodward said are there any other qu estions or comments? There were none. Voto results: Mot ion carried . Ayes : Co un cil Members Penn, Mc.C as lin , Moore , Woodwa rd, J,..;:drson , Wilson , Oakley Nays: None Senio r Planner Langon sa 1ci th ank yvu . (b) Approva l of Ordinances on Second Reading • Therr. were no additional items submitted for apr,roval on second readi ng (Se9 Agenda Item 9 -Consent • Ag enda .) (c) Resolutions and Motions (i) Director Eaton presented a recommendation l,om the Human Resources Department lo approve a reso lution appo111ting th ose Hearing Officers on the list approv e,J in 2007 10 hear Mer it and D1s c1pl111ary appeals She SOi d ror th ose of you wt10 haven 't been through this process before , the Charter slates th at the C01mc 1I will appoint hearing officers that have the abi lity in labor and employee relations lo hold l1c ar1ngs and make findings and determinations in respect to disciplinary appeals . Tonight we are aski ng Co uncil to reappoint. by resolution , the hearing officers on the list th at we re app roved in 2007 . I be lieve you have 11m l in your pa ckets . Tho officers are Bennell Aisenberg , Ronald Cohen and John DiFalco. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEM B ER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 le) (i)-RESOLUTION NO . 36 , SERlt::S OF 2008. RESO l.lrl IO N NO 36 . SE RIE S OF 2008 II lffSOI UT ION SE TT ING Tl IE 11 ST OF Pl RSONS LLIG IIII.E FOR IIPPOINTMENT 11S HEARING OFl"ICf-11 S FOi l lll SC IPl.lf'lll<Y /\Nil Ml,r<I T 111'1'1:III S M:1yor Woodwaill .1skod 1f th ulO wa s nny d1sc uss Ion Tll ore wa s noru i Voto ros ult s : M o l 1n11 C,llt H•cl /lyes Nays Co uncil Mernb ers Penn , McCm,hn , Moore . Woodward, Jefferso n. Wilson. Oakley None • • Englewood City Council April 21, 2008 Page 7 (ii) Director Eaton presente d a recommendation from the Human Re sou rce s Department lo approve , by motio n, the appointment of a hearing officer for a disclp1 ,ria ry appeal filed by Richard Burto n. She sa id we ask that you choose a hearing officer from the group Iha! you just aµproved . Mayor Woodward asked if there was any discuss ion . Council Member Mccaslin said what are the grounds for a hearing officer? Are there speci al demands ... if the,, are disci pl ined in any way , they are entitled every time lo a ~.earing officer? Is Iha! correct? Director Ealon sa id any disciplinary action , which is defined as a demolion or a lerminalion ... anythi ng in which they lose status , they can appeal lo a hearing officer. Council Member Mccaslin sa id so ii has to be a demotion or term inatio n? Ms . Eaton said correct or a loss in pay in some way ... typically that is how that is acco mpl is hed . Mayor Woodward asked if there were any other qu estions . Council Member Mccaslin sa id is th is granted automatically to the employee or do they have to ask for ii? Ms . Eaton said typically It goes through a process where lhey discuss the issue wi th the ir superv isors and up their chain of command lo the City Manager. In the case of demotion or a termination, they can immed iately request a hearing officer, however, and they do that through the City Cle rk . They make a requ es t through the City Clerk . II is oulllned in our Adm inistrative Policy Manua l. Mr. Mccaslin sa id okay, thank you . • Mayor Woodward asked if there were any other questions specifically , • Mayor Woodward sa id Is there any desire by anyone to appoint a specific hearing officer? Mayor Woodward sa id I personally had mar1<ed down Ronald Cohen , simply because I saw he was a personnel hearing officer for Northglenn , Black Hawk, Par1<er, Elizabelh , Littl eton and in lh e p3st, for Englewood . COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED ,·, , A0 POINT HEARING OFFICER RONALD J . COHEN FOR A DISCINPLINARY APPEAL FILED BY RICHARD BURTON. Mayor Woodward asked if !her~ was any discussion regarding Mr. Cohen . There was none . Vote results : Motion carried . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson , Wi lson , Oakley Nays : None Director Eaton said thank you , (iii) Director Kahm presented a recommendation from th e Publ ic Wor1<s Department to approve , by motion , lhe purchase of a Caterpillar 420E Backhoe . Slaff recommends purchas ing the eq uipment through the Colorado Department of Transportation contract with Wagner Equipment Company in the lolal amount of $71 ,172.00 . He sa id th is particular backhoe is a very practical piece of equipment In that , if you would look In the book in your pa cket, the base price was $70,672 .00 and the only additional thing we added was a second Shop and Serv!ce manual , lo better take care of the equipment. No bells and whistles on th is one , This is a piece of working equ ipment. If you will recall , those of you at the la st budget retreat last summer , there was a lot of discuss ion about th is p!ece of equipment , and al that lime, Council supported ii , and as a result , ii was funded in the 2008 PIF Fund . In the future , ongoing CERF costs , for re placement and ma in tenance , will be budgeted on an annual bas is in the Public Work s Slree\ Department Gene ral Fund budg et. He said I will be happy lo answer any question s and ia case I can 't, if II has lo do with how you operate a Engl ewood City Coun c il Apri l 21 , 2008 Pag e 8 back hoe , I've ga l Mr. Montg omery here th is eve ni ng and 1f has to do wi th anyt hin g tec hn ical about th e backhoe , I hav e M1 Pa t Wh ite , ou r Fl eel Manager, he re wllh me . COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -TO APPROVE TH E PURCHASE OF A CATERPILLAR 420E BACKHOE IN THE AMOUNT OF $71,172 .00 . Mayo r W oodward asked if lhere was any discussmn for Rick or Manly Council Member Je fferso n said the back hoe Is comi ng directl y from Ca ter pillar , isn 't ii ? Direc tor Kahm said 11 Is com mg fro rn Caterpill ar What we do is , we 've used the State Highwa y Departm ent bid fro m las t year for this . Co unct l Member Jefferson said I am just concerned ... I just want to make sure th at we .J re getting it from a valua bl e source Mr. Kahm said yes , we are . Mr. Jefferson said because we aren 't gett ing som e ad ditional protec lIons In these types of contracts , as I understand . So , I just wan ted to mak e sure it was a reputable dealer Mr. Kahm said sure , abso lul ely . Mayor Woodward said that transporta tion orange color , that we are pa yi ng $3 ,000.00 for? Mr. Ka hm sa id you will not ice that we didn 't cho ose that , th is one will be yellow . Actually I prefer .John Deere, because they were gree n, but th is one is ye llow . Council Member Mt:C asl in said can you C)(pla i 1,e f!e)( fu el opt ion? It is on th e seco nd page . We put no for it. • Counci l Mem ber Penn sa id th ey don 'I have II , . ; nol an option . Mr . Kahm said I don 't beli ~ve lhat it was even • avai lable on th is piece of equiprnen l We go greun every chance we ge t an d thi s ju st didn 't have that option . Mr McCa shn said okay , that is wha t I was wondering . Th ank you . Coun ~ ..:mbe r Wil son said is th is a rep lacement? Mr. Kahm sai d no, 11 is not. It Is an addition al backhoe . Ms . Wilson said okay . M:iyor Woodward asked 1f tlierc was any further discussion. There was none Voto ro s ults : M11t1oi 1 c.-Imccl Aye s Co un cil Mem ber s Penn , McCa slm , Moore, Woo dward , Jerrerson , Wil so n. Oakle y Na ys None I )11t :c tor Ka h111 s, 11d lh:1nk you (1v) Direr.to, I rnu l n pru scmlt:1 1 ;1 mco111111c11da lI 0 1 from th e L1ttl eton/Engl ewood Waste W,11cr I rc;itmr:I11 I 1I;1111 S11pcrv1 :1rny .or 111111ttr.o to npp rov e. by mohon. tile pu rc hase of one, low ground pu:!;sw c, ru bber tmc ked. ;um 1Ia ctor from .lohn Dr.er e, In c (M odel 8330T ) 1" the amount of $138,959 62 Th e r.n•,I of this e,c po11d 1t um will ho slH.1rocl 50/~i0 by th e C1 11es of Englewood and Littl eton and has bee n appr oved ln tll o huclg et I l o said this ts n ,opla cen,cnl for a trac tor th at Is 20 years old and th e ma jo r dirror1.. ice is , it is a low nr otmd pressure . rubber tracked , farm tractor. Nh1 ch means 11 has wtde tracks an d th at is to keep it from r.umpac!lng tho soi l as much as th e other one does. Th is came off of th e MAPO bids, which are taken like the Stato bids , and the John Deere tractor was the lowest bidder and we wou ld recommend this trac tor . It will In croo se ou r productivi ty , we believe , since we won't have th e soil compaction and it doesn 't spin !Ires and that sar i of thing disadvan tage s tha t lhe other one has. CO UNCIL M EMBER WILSON MOVED , AND C.OUNCIL MEMBER OAKLEY SECONDED, TO APPROVE AGENDA IT EM 11 (c) (iv) -TO APPROVE THE PURCHASE OF ONE , LO W GROUND PRESSURE, RUBBER TRAC KED , FARM TRACTOR FROM JOHN DEERE , INC. (MOD EL 83301) IN THE AMOUNT OF $1 J0 ,959 .62 • • • • Englewood City Council April 21, 2008 Page 9 Mayor Woodward asked if th ere were any questions . Council Member Jefferson said do we always split the expenditures with Littleton 50150? Mr. Fonda said yes , we do . Under the e,o ntra ct, we split the ,peratlonal costs according to flows and loadings , but we split ca pital costs 50150 . Mr Jefferson said I wasn 't sure if it was based on the flow , like you said , because I know the) get more than we do , but okay .. so th, ·,pital expenditures are all at 50150? Mr . Fonda said right , so they are 50% owner in all the facilities . Mr . Jette r, . ., said thank you . Council Member Mccaslin said have .,ey approved it yet? Director Fonda sa id no , they won't approve it. The Supervisory Committee approves ii and then we are the manag ing agency, so it goes through our procedure on purch ases like this . Mr. Mccaslin said okay, we are the final say . Mayor Woodward said Stu , under the technical evaluat ion ... at the bottom there , it says freewave radio and then right underneath that , ii says auto-guide . Mr . Fonda said I believe for each tra ctor those are the GIS options and they are different for each one . Mr. Woodward said right and it says here "docume ntat ion requ ired for regulatory reporting • ... we don't need that then? Mr. Fonda said to get the material mov ing at a certain rate , then you want to kn:iw how fast you are moving alon e and then you can report to the State what the app lication rate was and you have to stay within certa in paramete rs. This equipment helps us with staying within the parameters . Mr. Woodward said okay , but it just shows dashes there ... so we aren 't pay ing for ii? Are we going to purchase U1at separately or Is tnat included? Mr. Fonda said no , I think that the greenstar display , the autotrac eclivatlon and starfire receiver comes with the John Deere and the equivalent is divided by the challenger from the other two . I don 't think you would have all of them . Mayor Woodward said okay , so the greenstar, autotrac and the starfire replaced the freewave radio and the auto-gu ide on the other mach ine? Director Fonda said I believe 'hat is correct. Mayor Woodward said okay . Mayor Woodward sa id the options that we selected , the deluxe comfort pac~age, and th en the leather trim (requ ired with this comfort packa ge) ... I am just curious about that Mr. Fonds said I am not fam ilia r with those details . Mayor Woodward said okay . Mr. Fonda sa id but I co uld get an answer ... that is probably air conditioning ... if ii doesn 't say, because ii is very hot out there and I thin !< the cabs are air conditioned . That would be my guess . Mr. Woodward said okay , I just wa nt to ma ke su•e Inst we aren 't spend ing money on someth ing that is too delu xe. Mr. Fonda said I don't think we are, but I haven't looked into the deta il on that. My guess is that ii is air cond ition ing . Mr. Woodward sa id okay . Mayor Woodward asked if th ere were any further questions . There were none . Vote results : Motion carried . Aye s: Coun cil Members Penn, Mccaslin , Moore , Woodward , Jefferson , Wilson , Oak ley Nays : None (v) Director Fonda prese nt ed a recom mend ation from the Utilit ies Departm ent to approve , by motion , a bid for the installation of a transformer, swi tch and other Improvements for the Allen Fil ter Plant. Staff recomme nds award ing the bid to the lowest acceptable bidde r, Glaser Ele ctric Company , in the amoun t of $106,115 .00 . He said th is replaces one of the transformers that was on orig inal. Publ ic Service put us on the spot for a year, by forcing us to either take the ~Id one and take ownership of it... i: had PC B's and things in I1...so we let Pub lic Serv ice keep the transfo~ ,r, but they wouldn't hold it for a year unt il we got a new one . :'.•Y just pulled it out , which le ft us a little bit •~posed . We have since separately ordered the transform er, which has been deliver~d and now th is Is a bid to have an ele ct rica l company install It. We got th me bids and the low bid was Glaser Elcctr;c for $106 ,115.00. We wan t th is transformer put In as soo n os 't can , because you don 't wa nt to get into the h•,t sea son , and if th e one we have blows ... whic h is un likel y, but if it happens , we would be hard pressed to heep produc ing water. You can't ju st go get a tra nsformer off the shelf and put one in. So , th is will be our back up transfo rmer and ii will be sized so th at when we go to UV disin fectio n in severa l years , ii will be large enoug,: to hand le that load . Englewood City Council April 21, 2008 Pogo 10 COUNCIL MEMBER OAKLEY MOVED , AND COUNCIL ME:MBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v)-TO APPROVE A BID FOR THE INSTALLATION OF A TRANf'-' RMER, SWITCH AND OTHER IMPROVEMENTS FOR THE ALLEN FILTER PLANT IN THE AMOUNT OF, J6 ,115.00 , Mayor Woodward asked if there was any discussion . Mayor Woodward sa id I have a question with regards 10 lhe leller from lhe Internat io nal Pow er Syste ms ln r.. an d lheir bid Iust an op imo n from the City Allorney , because of the way that th is was pruented, is there any problem with lh is? Do we perceive any llablllty or should we re -bid? City Allorney Brotzman said the answer is there was confusion and it was on the City 's pa rt . You have accep ted Iha lowest accep tab le bidder , so you can move forward wit h it. Mr. Woodward sai d okay . Mr . Brotzman sa i~ th is company is cert:,inly not happy about it. They thought they were the lowest bid and they were al lh t bid opening . They have been in formed about this . Th ey are sti ll u11happy , but they understand that someone else underbid th em. Cou ncil Member Jefferson saio will we re spo nd to th is leller? City Allorney Brotzman said yes, we can . Mr. Jefferson said I think we need to . Mr . Brotzman sai d sure . Mayor Woodward asked if there were any :Jrthe : questions or discussion . There were none . Voto rosulls : Motion carried Ayes · Nays : Council Members Penn . Mccasl in. Moore Woodward , Jefferso n, Wilson , Oakl ey Nune Mayor W,·odward said th ank you Siu 12 Gonoral Discussion (a) Mayor's Cho1co (1) May or Woodwmd sai d Frid ay I at tended th e CML worksh•J p on tho roles of boa rds an ~ ... r.o mm1s s1o ns I .1111 rea lly proud to say [,~c:;lewo.Jd had th e hig hes t atle ndan ce . It was pretty amazing It was maybe doublo of ;my o:her city I want to thank thos e volunteers and all of the boards and corr,m,ss•ons 11ui111tm1 s for 1ak1 nu th e add1 l1on al tim e 10 support and increase th eir knowledge anrt lor supporting our r.nnm11 n11ly (11) Mayor Woodward said I wnnt to remind everybody that on lh e 211 th . I hursdtIy . / 30 .11 1 , • we h:ivc i1 mcn I1ng wi th tho l.1ltl clon City Council 111 th e L1Itl ctor, Communi ty Room 111 lh c 1r Ct ly Hall . 22 55 V ,,;;, Berry Av o11 110 . to cJIsc us}; Um U:;c Protc ct1on Des ,!I11 .illon Sum mmy and recom mendntI 0 11 s for the So ul h P·, .Ito R,v or {111) Mayor Woodwa rd said this iust came to mo late thi s allernoon ... wou ld Coun ci l en terta in a vpocia l Coun cil Meeting on April 281h , Ju st prior to our Study Session , with a seco nd read ing on May !)th to d,:-.r~1ss an emergency mora torium on board ing houses , until a correc tive ordin ance can be bro11ght forward th rough the Plann i ng and Zoning Comm ission to City Council? This would not affect any oxisI1o1g boa rd ing hou ses, only some th ing lhal may come up between April 28 th and lhe end of lhe moratorium or ou r decision ;,lier Planning and ionlng reviews it. Is th ere a mot ion lo support that ? COUNCIL M~~BER McCASI.IN MOVED , AND COUNCIL MEMBER MOORE SECONDED , TO HOLD A SPECIAL COUNCIL MEETING ON APRIL 28, 2008, PRIOR TO THE STUDY SESSION, TO CONSIDER A FIRS T READING AND WITH A CONSIDERATION <'FA SECOND READING ON M, I 5, 2008 , TO DISCUSS AN EMERGE NCY MORATORIUM ON BOARDING HOUSES . • • • • • • Englewood City Council April 21, 2008 Page 11 Mayor Woodwa , J asked if there was any discussion on th is. Council Member Mccaslin said yes . I was goin g to bring it up in my session , but I really believe we have so me egg on our face . We 're giving citi zens , who are asking for our adv ice either through Council or through the Cily , on ways to handle these issues and then they come up and it is totally differenl from the direction lhey've been given , I've had some calls this weekend, and we have a lot of upset res idents over this . I feel bad becaus e I think everyone on Council felt !he same ... that th is was heading In the right direction and It didn 't head in the right direction . So , I just needed to speak my piece. I am very upset about th is, because it is to lhe point , again , where people might move from the area because of decisions we have either given the wrong direction on or we made the wrong dec isions on . It is loo bad that we are losing people like this . I jus t... I fee l really , rea ll y bad about th is. Council Member Jefferson sa id could you repeat exactly what motion is on the table? Mayor Woodward said would Counc il entertain a special Council meeting on April 28, with a second reading on May 5, prior to our Study Session , to discuss an emergency moratorium on boarding houses until a corrective ordinance ca11 be brought forward tr,rough the Planning and Zoning Commission to City Counci l? Th is wou ld only affect any new boarding houses and not any ex isting boarding houses , as they are now. Council Member Moore said so , just to clarify , the motio n is merely to have a Special Mee ti ng to cons ide r whether or noi to pass it on first reading . Council Member Jefferson said it sounds like something we need lo disc uss . Mayor Woodward asked if there was any other discussion . There was none . Vote res ults: Motl in carried . Ayes : Council Members Penn, Mccaslin , Moore , Woodwa rd, Jefferson, Wilson , Oakley Nays : None (b) Council Members' Choice (i) Council Member Penn : 1. He sa id I would like to know what are the types of items that are being sent home to the Council by email and is there a crite ri a for these emails and is that being followed? This is in regard to things that are happen ing in th e City and who make s the decisi on as to what is sent home to us and what is not sent home to us? 2, He said I really urge the people from Kent P:ace to check wit h the people around them , becaus e I know they are not very happy. I don 't kn ow if I can support this motion at all when it comes forward . (Ii) Council Member Mccaslin said I have a c,uncil Request. There was an issue aboul the parking around the Post Office near Maddox , on Leh igh . I kno~ this has come befora Council , in a Council Request , and I would just like to know what the status of this is . Has anything been done ? Have there been any updates regarding that situation? We haven 't heard anything in the last six months . Thank you . Mayor Woodward said I can address some of that. Council Member Mccaslin said okay . Mayor Woodward said I had emai ls from Theresa , who wa s commun icati ng with Ladd , I bel ieve, through th e City Manager. Ladd went out and met with Theresa on that and I thi nl: there were a number of people th~t wouldn't sign the pet itions ... two people who wou ldn 't sign the peti t ons . This was rega rding getting siy ns up for Englewood City Council Apri l 21, 2008 Pag e 12 res 1d en 11al parki ng only I do have those emails th at I can bring 1n for th e Counc1 I R equest I don I know ,r th ey ha ve all gone thro ugh yo u Cily Manager Se ars said I don '! really know . Mayor Wo odwarc, said !here ,s a pr elly good paper lra,I on Iha!. (tti) Council Member Oakley He sa id I rece ived a phone call from !he couple Iha! owns lhe dupl ex al !he corn er of Delaware a11 d Tufls I'm sorry, I've losl lhe no le lha l ha s !he ir name on lt...l'm sure you rec all that situa tio n when lh ey ca me be fore Co un cil asking for relief In doing something to the ir prop erty and they were try ing 10 get support fo, sub- d1vidl11 g. The !rou ble wilh ii is Iha! !h eir lo! is 75 foo l. She solici ted me for supp ort again to come ba ck and try lhal again and I ha d to inform her lhat I would not support th al much of variance tf ti was even pos,1ble ... that I wouldn't support divid ing lhe 75 feet lo t in lo two 37 fool lols fo r Iha! kind of bu ildm g 111 R-1 I do n'! know whe ther she pla ns on coming back lo us wilh ii or not, bul she at least knows my slandpo tnl on ti He sa id I ~lle11de d a ORC OG meeting las! week . I'll go through th ese qu ick . Mesi of !he lime I don't ha ve anyt hi ng 10 report bac k Iha! Is of any significa nce and th ese mighl no ! be ei the r, cu t I Iha• ,g : I I'd al least bring you up to d,:'e on a couple of things . Ea ch mo,,th , when our la v.. ·ak crs are in session . we ye! bills lhat are coming up , bot h Hou se Bills and Senate Bills . DRCOG tak es a posi tio n. or staff recommends a posII,on , to !he board on wl1elher lo suppo rt or no! sup port or maybe approve wi lh amendments Th e tr ouble w1l h !hese lhtngs is !hey move so fast , when th ey are in sess io n, that by the ti me !hey go through th e cyc le, lhey mean 11olhing someli 1>1e s. I know I broughl one up here awhile back aboul !he Siale war.li ng lo glva back Sla le lughwa ys . pu t !he burd en back 011 lite ci ti es . Cot,nci l did go on reco rd as disagre ei ng with lh al. Bui most of !he lime lh ese bi lls are mov ing al such a pace or bei ng amended so many limes , thal they mea n nolhlng when !hey • get to us. I just wanlod yc,11 lo know tha t's why I don't br ing very many of !hose back lo you , because it just • clocsn 't m.ike sense to de so The seco nd thing is suppo1 t for lhe Tran sporla!l()n Blue Ribbon Pan el Report and funding re commendationr in rclallon to transportJ tion . II 1s the Governor's Tran sportati on, Finance amJ Implementation Panel th at he has appo1111cd They come up w1 lh som e rocommendalions They ru n !hem by ORCOG I can !ell you wha l some of the reven u e sources migh t be . They :,re looking for 1 5 billion dollars to fund pro1octs and some of these, I'm not even q1111 e sure of what they mean, beca use they didn 't give us any detail on thom, bu t five of the revenue sources we r e· increased maintenance fees . increased fuel tax and we all know wliat that's abol•t, r,;w daily visi tor fees , increased r.ale!> and use tax. and increased se verance tax . Now , ther,e are th ings tl1 i:l l lhey are pr oposing . there w ill he a lot more action on them , I'm sure , but one of the th ings that DRCOG dut.!S do in that rcgtird 1s t1 1111gs l:kc one of their sta tements would be 1l 1s further resolved tha t DRCOG believes U,='t •h~re is a seriou s nee d for, nnd ,swilling to participate 1n, a comprehen sive ~la tewide public educati on and nd 11sory r.:unpaign to ensure Coloradoans understand th e depth of th e problem ?.nd th e long term !mplications of nc glc ctin!J our Sl alo's trans portation sys tem . Of course . that affects us directly because we have many State ll1g hways running lhr oug h our C ity and we work w1lh th o Sl~te on rrJny pror1 cl s. So, lhese ki neis of th ings are ce rtainly go ing to n Uocl 11s I'm so rry I cnn 't give any more detail bu t 11 w ,!1 t:c coming back before DR r.'OG, I hche ve. 111 M 11y and 1f there 1s ;my more 111formal 1rm i hnt I can give , I'll give 1: to you at that time. I le Silt tl t111s 1s kmd of a concormng 11 11: , . say s lookmg fo1 wm d to Colorado's 1,,11ysical prospects afler l ~c fc rcnch11n C If you w1ll 1emn111hcr m Nov{~mbo, 2005 . Colorado vnlcrs pnssed Referendum C, giving th e Sl;1 le i:1 fi ve .year Umoout from tile re ve nue iarn \s os1ab11shod Uy tllu Taxpayer's 0111 u f R1gh l s , commonly kn own ns TABOR fha t ,1111 run th roug h 2(11 1, bu! e1 1111ndv !hoy are bog 1nnmg to wonder what they are going le, do wllcn that eypires They are saying , this one part ·cu lar 1nstitu le, th e Bell 's Palsy Center, this lady gave a p,r.scnl illmn on tlus. She said Referendum Chas allowed the Slate to rc laln more than 1 billion m rev enu e 1!:tch yenr [vcn so, most major stal e programs have not returned lo the leve ls of service att ained unmcdialely p1 •0 1 lo !he 2001 and 2003 downlurn . Nev erlheless , 2007 ts prob1bly as pood as ti ,s go ing lo gel. Th e,e wi ll b6 110 furlhc r recove ry of service levels from Re ferendum C In oth er wc1 J s, Referendum Chas almost played • 11:,nll oul by now , even th ough we wi ll still have Ille advantaye of 1t for the next two or two and a half years, 11 1:,11 ·1 901119 l o ne t any bett er th an 11 was in 2007 So, they are working on th at now h) see what th ey can do about 1t ;u ,cl .. is yell, 11119 11 1 have heard th at lawmakers .. th e House Spe:ikc r . Ro mano ff , ha·; br0ug ht u p a proposal to 11 y 10 tlo •,0 11 11•lh1ng about some ol lhc I ABOR pro posals and sti ll hy to o;!ICh wi th th e intent of th e bill: th at 1s , th e • • • ianglewood City Council April 21 , 2008 Page 13 taxpayers can still vote on tax increases . So , there is movement afoot to try to maybe extend the tim eout on the TABOR. or to mod ify it to stay with in lhe original intent , but to give us sc,me more relief so we ca n do someth ing abou t that. I'm sure you'll see more stuff coming forward on this . (iv) Council Membe r Wilson : 1. She said I wanted to echo the Mayor in sayi ng Planning and Zoning does a great jo b. What a ded icated and co mmitted group of citizens . I also wan • ~ give ku dos to Tricia , because I know she leads them and gives them a lot of information . I think tha t it's hu g I set that they work way into the night. I thi nk that is great. 2 . She said, as a City Council Membe r, ! feel that I need to be aware of what's going on in the City and I need to know before citizens know it or are asking ne about it. I think that it's imperative. I think that it's imperative that we are giv ing our citizens the right informatio n and that we know what that is. As far as this boarding house issue ... ! think it went horribly wrong . Mayor Woodward said do you mean the com munication on that? Coun cil Member Wilson sa id yes . Communication and the communication in general when something happens in the City and we're not aware of it. (v) Council Member Jefferson : 1. He said I hosted a Bus iness After Hours last Thursday and I just wanted to say that I'm really optim istic about the revival of the Englewood Chamber . Folks were optimistic and pleasant and the bus iness community is being able to communic.ate, so I'm just thankful that that's taking place and optimistic for the future . 2. He sa id I want to thank Tc-"1 for sharing his thoughts on the trash issue . 3. He said, regard il,g Rates , I'm just elated that we got a chance to finally sit down with Ed and Bryant. I th ink it's really important to havn them at the table , and hopefully , we can work with them and staff to get some tangible numbers , so we can ai cl ourselves in making that dec ision . So , I'd ask staff to be diligent in following up with them to make sure that we get the ballpark numbers in a somewhat timelt manner. And I also ask Council to be patient with me as I'm ne w to this . I haven 't dealt with this issue probably as long as the rest of some of the other folks on Council have and I just ask that they remain patient and open-m inded wh ile we go through that process ... deci~'~· naking . 13. City Managa~s Report (a) City Manager Sears said I ju st waoted to let you know that the auditors will be here next Monday . II is a very Important annual rev ie w of all of our finances . If, ou could briog the Comprehensive Plan next week . Aga in, th ey are independent auditors . They looked at all of our accounts, all of our staffing, any is sues that may have come up with the City , wh ich is a major corporation . They ·.,ill be here to answer any questions Council may ha ve about our assets or our deficits or whf re we are financially . We really don 't have any deficits that I can see . (b) City Manager Sears said we have a sci,ool/City meeting tomorrow afternoon , at 4:30 pm. (c) City Manag er Sears sa id I passed out some ~ood informatic ,1, to Council, about awards that the City received . Aga in, the City recei ved word this afternoon that we received National Awards for : The Aquatic Program , ranked fifth in the country , Ih a Top City Parks and Recreation Aqu 1lic Prog ra m in the country , and the Top Aqu atic Program in the State of Colorado . I ca lled Jerre ll, just to le t hiri know that I was going la read that tonight. He was not aware of it at 4:40 p.m. th is afternoon , so th is is hot ~ff th e press It's incredi bl e that the City of Englewood wo uld receive National Top awa rds for our aquat ics progIam . It 's amazing . I th ou ght it would be really important to bring it up ton ight. Englew ood City Council April 21 , 2008 Pago 14 14 City Attorney's Report (a) Cit y Alt orne y Brolzmar, said nex t Mond ay I will be silting on a panel, the City Manager's panel, for lho selec tion of the Litt le ton City Allorn ey, so t wi ll be ou t all day Mond ay, but I w ill be here for lhe meeting , 15 Ad journment MAYOR WOOOWARO MOVE:O TO AOJOURN , The meeting adjourned al 8:46 p.m Dep uty C1 ly Clerk •