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HomeMy WebLinkAbout2008-08-04 (Regular) Meeting Minutes• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 4, 2008 1. Call to Order Th e regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:47 p.m . 2. Invocation The in vocation was giv en by Cou ncil Member Mccaslin. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccasli n. 4. Roll Call Prese nt: Absent: A quorum was present. Also present: Council Members Jefferson . Moore, Penn , Oakley, Mc(.;aslin , Wilson . Woodward None City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ell is Deputy City Clerk Bush Director Bllick, Parks and Recreation Director Kahm, Public Works Capital Projects Administrator Henderson , Public Works Director White , Community Development Sen ior Planner Langon, Commun ity Development Pol ice Commander Wa tson 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER MOORE MOVED , ANO COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 21, 2008 . Mayor Woodward as ked if there we re any question s or mod ifications . There were none. Vote results : Motion carried . Ayes : Nays: Abstain: Council Members Mccaslin , Moore , Woodward, Jefferson, W ilson , Oakley None Council Member Penn • 6. Recognition of Scheduled Public Comment There were no scheduled visitors . 7 . Recognition of Unschedulod Public Comment Englewood City Council August 4 , 2008 Page 2 (a) Douglas Garrett, an Eng lewood res ident , sa id Mr . Ma yo r and Membe rs ,f Si y Co un cil , I c~me here tonigh l to pub licly expres s my gratitud e for th e ~cknowle dgement I was given at the oroken Tee of Eng lewood . I was qu ite su rp ri sed and didn 't know ex actly how lo res pond to that. As yo u k ,ow, because that particular day my work schedule said you stay here , I was unable to attend the Grand Opening . But I did receive an interestin g email fr om a fr ie nd of mine who was playing that day , He sa id that I know ii is part of the Golf Cours•. but , unfortunately , there is a lot of "gra ffiti " out here on th is first da y of play and he sent me a pic ture of th e stone that was on the first lee ~ox . Any project like th is requ ire s a lot of effort by a lo l of people and part of wh at I wanted to also do is just have a few brief comments about some of the people that worked very hard on bringing th is proje ct, which I think is a great proje r' •or the City of Engle wood. To th at , there are peop le on the City staff: Gary Sears , Mike Flah erty, Dan Brotzrr.. ,. Rick Kahm and Frank Gryglewicz ... all contributed a lot to the negot iations and to the implem entation of mak ing this Golf Course happen . Yes , the re are some outs ide people that helped us : Mike Miller , Norm Higley and Bill Major provi ded legal and env iro nm ental ass istan ce . As you know. part of a project that Miller/We ingarten did is on the la ndfill , which is st ill part of the Golf Course and that requ ired a lot of effort ... as it is in the City 's interest to protect ourse lv es from environmen tal lia bility . An d then lastly , I would like to recognize peop le of the Parks and Recrea tio n staff: Bob Spada , Dave Lee and Nayne Niles , who actually brought th is proje ct home . Th en the last perso n I would like to ack nowledge is my frieod , Jerre ll Black , who was with me during all of the negotiatio ns with Miller/We ingarten , kick ing me under the table al various tim es, as I would open my mouth in inappropriate ways . But , he kept me on th e straight an d narrow and kept me com ing back to City Council, hopefully , with good informat ion . So , anyway I want to ex press my gralltude and my apprec iation . Thank you very much . Mayor Woodward and Council members said thank you . • Maye r Woodward sa id I would lik e to ma ke the comment trat I th ink, I'm speak ing on behalf of all of us and the citi zen s that utilize the Golf Course, our ap pre ciation for all th n work and the extra work you did after you left the • Council . The consul ti ng work was way above and beyond and th ere are some things there that are obviously "~ry mu ch Douglas Garrett and it is really greatly apprec ia ted and the stone tlle re is th e least of our grat it ude . Thank you . (b) Do ug Cohn , an Eng lewood res ident , said my comments are directed somewha t at Council Member Moore as one of the main advocates of that r,o rtio n of the de li berat io ns in the final dog ordinance . I'm jea lous . For five years as the Chairman of the Broad way Merchants Group , we tried , and tri ed and tried to get the TV guys to pay attention to us ... we had dan ce s, we had concerts , we had sidewalk sales and special events of variol's sorts and cou ldn 't get a sing le TV guy to pay attent io n to us at all . And then In 2005 , a bunch of us along the stree t put together the Business Improvement Distri ct... wanting to reall y spiff up Broad way and gel things going in that respect...cou1dn 't get the time of day from the TV guys . Fa• th e three Englewood Da ys shows we sen t out em ails , phon e calls and invited the weathe r gu y to come down and do th e Sa turday morn ing weather from ou r car show ... couldn 't get any attention from those guys at all . I think you have found what we need to do to catch the ir alt"nlion . There was laughter. So I found it inspiring So , thank yo u. Mayo r Woodward said thank you . (c) Cynthia Sea rfoss , an Englewood resident , said I am here to address th e issue of the dog ordinance , the single line that was unfortunate ly publ icize d in th e news last week regarding ou r 72 hour requi remenl 0 11 picking up dog excre ment. In our proposal, th at th e Dange rous Dog Task Force presented to the Englewood City Counc il for conside ration , we did propose a once a week dog excrement pick up in considera tio n of the fa ct th at many wo rk in g families in Engle wood are stressed and reall y, we thought once a week was a reasona ble requirement. However , certain Council mem bers thought that sinc e we do allow a multipl ici ty of dogs in Englewood and If yo u have several large dogs living ne xt door to you , hav ing large pile s of dog excrement next door to you for a week Is not really co nd ucive to a comfortable livi ng environment. And that is really w~y the Ci ty Co un cil changed that sugge stion from th e week , that we on the Dog Tas k Force thought • was re aso nable , to 72 hou•s . II reall y wasn 't a Dangerous Dog Task Force suggestion ... it was conside rati on for neig hb ors , by the City Council. And I think , in reflection of the heat we ha ve had rece ntl y, may be that was a generosity that was overlooked by th e Ta sk Force , because I have large dogs and I know my ne ig hbors reall y appreciate it when I pick up mo re frequen tly , in the heat. However. my comment is that we , as a City, published • Englewood City Council Augus t 4, 2008 Page J a groundbreakir.g dog ordinance and we were very courageous and it if very unfortunate that dog excrement ls the issue that was picked up in the publ ication and I want to thank the Eng le wood City Council for ta ki ng the risk and for pub li sh ing our dog ord inance and for stand ing by the citiz ens e' Englew<l<ld with th is ord inanc ~. I really apprec iate that and I th ink this was unfortun ate th et this was the focus . This week I have received 40 emails and 13 phone calls and I have been accosted :. times walk ing my dog • ... and you know what they want to talk about. they want to talk about dog exc rem ent. There was la ught er. She said but I do appreciate it and thank you ver1 mu ch for passing this ordinance . Mayor Woodward said thank yo u. (d) Rick Gatit , an Englewoo d resident , said first I want to thank City Council and especially Lou Ell is and her departme nt foe providing publ ic records of Council meetings . It is important fo r us , who apprecia te open government , lo be ab le to go and read about what is happening in our City . It means a lot to us that pay taxes and se nd ou r kids to school and have done great th ings . Not because we are trying to keep an eye on you , but rather because we were interested in our commun ity and like to find out what is go ing on . A coup le of th ings that I would like to ask about. .. and I kno'.Y it i, not a back and forth sess ion ... but I would ask that maybe in Mayor's Choice or Coun cil Member's Choice that a co uple of items be brought up . And one is , right now It loo ks like we are keeping the tapes for our Study Sessions fo r only six months and I was just wonde ring if that Is a reasonable amount of time . I know recently we tr ied to go back past six months for something that we were do ing some research on and th ose t~pes were no longer ava il able . Now , with electron ic record ing , we are ask ing to keep those items for a longer amount of time . I would ask th is Counc il to please consider, for the purµose of open government and to not appear that we are trying to tuck something away ... but to keep those ... l'm not saying 20 years , 10 years ... but you know , Colorado law requ ires ... l'm a realtor and mortgage people keep the ir records for four years ... maybe that is a reasonable amount or maybe not. I would ask that you as a Council at least think about what that would be . And secondly , some of our other comm iss ions are not • so good at providing public records of their meetings and what's going on . So, us cit izens who are concerned and like to know what is going on , we don 't know how to find that information out without bugging somebody and call ing somebody and asking wt10 did what and what happened . So , again , I am going to tha nk you for all the hard work you have done . You have done wonderful so far in getting information to us and I applaud you for that , but I would ask that you µlease discuss those ite ms. Mayor Woodwa rd said thank you . (e) Matthew Crabtree , and Ei:glewood res ident , sa id good even ing Council . I am here befor e you th is eveni ng with a concern about an issue .~at was raised during the last Council sess ion on Ju ly 21 ". Th is issue was presented du ri ng the scheduled p· "ic comment regard ing a property on the 2900 block of South Ogde n Street. I would like to clarify first that L •, no means am I presenting on anyone 's behalf. My dec isio n to comment th is eve ning is out of amazement that ,;s , as a City , are treating property deve lo pers interested in im proving the aging housing stock with in th is City , in th is manner , and that the commun ity was entirely removed from the decision mak ing process regard ing th is property , Based upon informat io n obtained from the Board of Adjustment and Appeals minutes from Ma y 14", where th is was previously discussed , it app ears that no formal or legal processes were followed . The Community Dev elopment Department granted a perm iss io n wh ere they did not have th e right to , which co uld actually , leg ally , affect the ir previous dec isions mad e also . Dec isions regard ing th is is su e were made during a Council Study Session , which is a vio lation of the Open Meet ing s Law , and th ere 1s no proce ss in place for the owners rega rd ing th is particular property , to appeal the issue s to . The only resolut ion th at Cou nci l has provide d is to defer th is to the court system , to cost the City more ta x dolla rs. The City clearly made a mistake and we aga in are chasing off another developer that we desperately nee d in th is City . Mr . Mayor, you as a profess ional invol ved in real -esta te , should agree that with our aging hou sing stock in this City , the last thing we need to do is drive off interested property developers . As a concerned citizen, I would like lo recommend that before th is enters the court systum , there is some cons ideration to resolve this Iss ue and restore some level of cred ibility to the City . Council , please set as ide any personal vie ws • you may have towards myse lf, and consider the repercussions of ignori ng th is particular situat ion . I would like to recommend that Council hold a public hearing regarding this property and based on information from the publ ic, make a de cision to grant or not to grant a variance on the lot width . It would on ly make sense to avoid th is situa tion in th e future and restore the ab ility to appea l issues like th is, back to the Board of Ad justment and Appeals , where issues li ke this should be co nfronted . Aga io, pl ease consider pla ci ng decision s like this bac k Eng lew oo d Ci ty Coun cil Au ~ust 4, 2008 Pa ge 4 inl, the r;ublic arena , and vole for a public hearing , and vol'. to restore the process to appeal property frontage issues with the Council appo inted Board of Adjustment and Appeals . Than k you Mayor Woodward said thank you . 8. Co mmun ica tio ns, Proclama ti ons an d Appo int ments (a) A letter from CJ Cullinan ind icating her res ign at io n from the Englewood Ho using Authority was cons idered . COUNCIL MEMBER PENN MOVED , AND COUNCIL MEMBER McCASLIN SECOND ED, TO ACCEPT THE RESIGNATION OF CJ CULLINAN FROM THE ENGLEWOOD HOUSING AUTHOR ITY . Mayor Woodward asked if there was any discussion . Mayor Woodward sa id I would just like to say it is wi th regret .. after serving wit~ c,1 on the Hous ing Author ity Vote results : Motion carried . Ayes : Co un ci l Members Penn , Mccaslin , Moore , Woo dward, Jefferson, Wilson , Oakley Nays: None 9. Conse nt Ag en da (a) Approva l of Ordi nances on First Reading There were no additional items sub mitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (II ), (Ill), (Iv), (v), (vi), (vii ), (viii ), an d 9 (c) (I). (b) App roval of Ordinances on Second Reading (i) ORDINANCE NO . 38 , SERIES OF 2008 (COUNCIL BI LL NO . 22 , INTROD UCED BY COUNCIL MEM BER MOORE) AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2, SECTION 4, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , ENTITLED "PR IVATE SEWERS , CONNECT IONS AN D REPAIRS ". (ii) ORDINANCE NO. 39 , SER IES OF 2008 (COUNCIL BILL NO . 25 , INTRODUCED BY COUNCIL MEMBER MOORE ) AN ORD INANCE ENABLING THE CITY MANAGER OR HIS DESIGNEE , TO RENEW AND PAY THE CITY 'S PORT ION FOR AN INTERGOVERNMENTAL AGR EEMENT ENTITLED "THE SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM , INC ." (SPWRAP ) FOR THREE ONE -YEA R INCREMENTS. (Iii) ORD IN ~.NCE NO . 40 , SER IES OF 2008 (COUNCI L BILL NO . 31 , INTRODUCED BY COUNC IL MEMBER M00RE) AN ORDINANCE AUTHORIZING THE RELEASE OF RIGH T TO MAINTAIN A SEWER LINE AT RIVER PO INT AT SHER IDAN . (iv) ORDINANCE NO . 41 , SERIES OF 200 8 (COU NCIL BILL NO . 32 , INTRODUCED BY COUNC IL MEMBER MOORE ) • • • • Englewood City Counc il August 4, 2008 Page 5 AN ORDI NANCE APPROVIN G SU PPLE MENT NO. 163 T O T HE SOUTHGATE SANI TATI ON DISTR ICT CO NNECTO R'S AGR EE MENT FOR T HE IN CLUSI ON OF LA ND W IT HIN T HE DIST RICT BOUN DARI ES. (v) ORDIN ANCE NO . 42, SERIES OF 2008 (COUNCIL BILL NO. 46 , INTRO DUCED BY CO UN CIL MEMBER MOORE ) AN ORDIN ANCE APPRO VING SUPPLEMENT NO . 1 TO THE CI TY OF CHERR Y HILL S VI LLAGE CONNECTOR 'S AG REEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRI CT BOUNDARI ES. (vi) ORDINANCE NO. 43, SERIES OF 20 08 (COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREE'IIENT BETWEEN AR APAHOE COMMUNITY CC'LLEGE FOR THE ARAPAHOE/DOUGLAS CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CI TY l'F ENGLEWOOD PERTAINING TO THE BUI LDING O F A SINGLE FAMIL Y RESI DENCE AT 2397 WEST HARVARD AVENUE , ENGLEWOOD , COLORADO. (vii) ORDINANCE NO. 44 , SERIES OF 2008 (COUN CIL BILL NO . 48 , INTRODU CED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BE TWEEN THE BO ARD OF COMMISSIONERS OF ARAPAHOE COUNTY , COLORADO , BY AND THROUGH THE ARAPAHOE COUN TY CLER K AND RE CORDER , AND THE CITY OF ENGLEWOOD , COLORADO, TO CONDUCT A COORDI NATED ELECTION ON NOVEMBER 4 , 2008. • (viii) ORDINANCE NO. 45 , SERIES OF 2008 (COUNCIL BILL NO. 50, INTRODUCED BY COUN CI L MEMBER OAKLEY) AN ORDINANCE AUTHO RIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE 2007 GR ANT OF GREAT OUTDOORS r.OLORADO BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE; SOUTH SUBURBAN PARK AND REC REATION DISTRICT; THE CITY OF LI TTLETON , GR EENWOOD VILLAGE , CHERR Y HILLS VILLAGE , THE CITY OF SHERIDAN ; THE CIT Y OF CENTENNIAL ; THE SOUTH METRO LAND CONSERVANC Y; THE SOUTH SUBURBAN PARKS FOUNDATION ; THE COLORADO WATER CON SERVATION BOARD ; THE URB AN DR AIN AGE AND FLOOD CONTROL DISTRICT; THE TRUST FOR PUBLIC LAND , AND THE CITY OF ENGLEWOOD, CO LOR ADO ENTITLED "SOUTH PLATTE GREENWAY LEG ACY PROJECT-PARTNERS AGR EEMENT". (c) Re sol utions an d Motions (i) A CONTRACT W IT H COLORADO FLOORWOR KS, IN C., FO R THE PUR CHASE AND INS TALLAT ION OF FL OORIN G TIL E IN TH E RECREATION CEN TER LO CK ER ROOMS IN THE AM OUNT OF $45,106 .00. Vote results: Moti on carr ied . Ayes : Council Me mb ers Pe nn, Mccaslin, Moore, Woodward, Jefferson , W il son, Oakley Nay$: None 10. Public Hearing Items • No public he aring was sc hedul ed before Council . 11. Ordi nances , Resolution and Motions (a) Approval of Ordinances on First Read ing Englewood City Council August 4, 2008 Page 6 (i) Senior Planner Langon presented a recommendation from the Community Develo pment Dep artment to adopt a bill for an ordinance approving an extension of the moratorium on the establ ishment of rooming or boarding houses through De cember 1, 2008 . Ms . Langon sa id the effective date of Emergency Ord ina nce No . 23, Series of 2008, was based on the first reading date of April 28" and the ord inance was for a six month period . However, the dates in that ordinance were written as April 28" to September 28" and if we count , that is only five months . The City has worked diligently to work through the amendment proce ss, in fact , two weeks ago , the Planning and Zoning Comm ission held a publ ic hearing ... on July 22"' ... and though we are moving forward , the moratorium , as written , will expire prior to the completion of the amendment process . So , our request is to extend the moratorium through December 1 ". That will allow us time to complete the amendment process and also give us a time cushion should there be any amendments or changes to the proposal. Ms . Langon sa id if you have any questions , I will be happy to address them . There were none . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 51. COUNCIL BILL NO . 51 , INTRODU CED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE EXTENDING A TEMPORARY SUSPENSION OR MORATORIUM ON THE ESTABLISHMENT OF NEW "ROOMING OR BOARDING HOUSE " USES . Mayor Woodward as ked if !hare was any discussion . There was none . Vote resulte: Ayes : Nays : Moti on carried . Ms . Langon sa id thank you . Council Members Penn , Mccaslin, Moore , Woodward , Jefferson , Wilson , Oakley None (b) Approval of Ordinances on Second Reading (i) Council Bill No . 43 , as amended , amending Title 11-3-4 of the Englewood Munic ipal Code pertaining to encroachments into the rig ht-of-way . COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO . 46, SERIES OF 2008 . ORDIN ANCE NO . 46 , SERIES OF 200 8 (COUNC IL BILL NO . 43 , INT RO DU CE D BY COUNCIL MEMBER WILSON ) AN ORDINANC~ AME NDING TITLE 11 , CHAPTER 3, SECTION 4, OF THE ENGLEWOO D MUNI CIP AL CODE 2000 PE RTA INING TO PERM IT S FOR STREET FURNITURE IN THE PUBLIC RIGHT-OF-WAY . Mayor Woodward asked if there was any discussio n. There was none . Vote results : Ayes : Nays : Motion carried . Council Members Penn , Mccaslin , Moore , Woodward, Jefferson, WIiso n, Oakley None (c ) Resolutions and Mot ions • • • • Englewood City Council August 4, 200 8 Page 7 (i) Director Kahm presented a reco mmendation from the Public Work s Department to approve , by mo tion , a construct io n contract for the Big Dry Creek Trail Lehow to Broadway . The tolal eslimated project cost is $758 ,886 .85 . He said I am excited to be here ton ight. I am excited because what we are ask ing for ton ight is a molion to award the construction contrac t for the Big Dry Creek Phase 2B . I am exc ited because we have been working with Littleton and South Suburban Parks Foundation on that Trail system to connect the Platte River to Littlelon and down to the Highline Canal , since 1994 . In 2002 , we became a project sponsor with South Suburban Foundation to build a section between Fox Street and Greenwood Point. The Fox to Lehow segme nt was completed in 2004 : the Broadway to Greenwood Point segment was completed In 2007 . This segment is to be the fina l section in Englewood that needs to be built. It is the sec ion that connects Lehew to Broadway and it has been a long time coming . So , we are anxious to get this project going . It was delayed , I would say, for a couple of years because there were issues in acqu iring some of the right-of-ways , but those were resolved in Janua ry . And with Council 's approva l and award of these contracts ton ight , th is project could begin as early as mid-August and be comp leted by the end of Novembe r of this year. There were three bids rece ived for the work . The low bid was Goodland Construction who were approx imately 9% below the enginee(s estimate and that is due to the fact that , that is the contractor that is right no w building the med ian impro'lements on South Broadway, so they are already mobilized in the area, so there was some savings from that avenu e. As part of this award tonight , the award to Goodland In the amount of $631,576 .00 , also an award to WH Pacific for construction admin istration in the amount of $64 ,310.00 and we have also included in our estimate a construction contingency of $63,000 .00 . I would like to point out that when this project is complete , South Suburban Parks Foundation will ,~imburse Englewood for all of the costs associated with the project. He sa id I will be happy to answer an y questions . There were none . COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (I)-A CONSTRUCTION CONTRACT FOR THE BIG DRY CREEK TRAIL LEHOW TO BROADWAY IN THE AMOUNT OF $758,886.85 . • Mayor Wood ward asked if there was any discussion . Mayor Woodward said I think I j ust want to make the point that , as you have said , this has beea a long time , a long ordeal and this will be our first connection from the City of Englewood , from the Mary Carte r Greenway lo the Highline Canal , when it is ult imately fin is hed . So , on e will be able to jog , bike , walk or whatever to the Hig hline Canal , wh ich I th ink is great. Mayor Woodwa rd asked ii there were any other comments . There were none . Vote results : Motion carried . Aye s: Coun ci l Membe rs Penn , Mccaslin, Moore, Woodward , Jeffers on , Wilson , Oakley Nays : None Director Kahm sai d thank you so much . 12 . General Discussion (a) Ma yo(s Cho ic e (i) Ma yor Woodward sa id within our City Council Budget for 2008 , wo ha ve pro vided for the golf tournament , the Greater Englewood Chamber of Commerce Golf Tournament. s;,,soo .oo was budgeted for that , wh ich will cover three foursomes or $2,400.00 . MAYOR WOODWARD MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE THE • EXPENDITURE OF $2,400.00 FOR 3 FOURSOMES FROM COUNCIL AND CITY STAFF TO PLAY IN THE CHAMBERS GOLF TOURNAMENT AT BROKEN TEE ON SEPTEMBER 5, 2008 . Ma yor Woodward asked if the re was any disc uss io n. Englewood City Council August 4, 2008 Page 8 Council Member Penn sa id I think , being assoc iated wi th the Eng lewood Cham be now , it's someth ing that I think we need to do to support the Chamber, They 're trying to gel back on their fe t. They're try ing to gel things going and organized , They 're always positive about things going on in Eng :ewood , I th ink it's a good way for us to help them get re-establ is hed . Mayor Woodward said I'd just like to mention too , that this is for the benefit of Bis hop El ementary School , which is the school that Bob 's wife Is the princ ipal of, so I think it's for a really good cause . I Jte results: Motion canied . Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson, Wilson , Oakley Nays : None (i i) Mayor Woodward said I'd like to ment ion that I attended the musical play "Fiddler on the Roor on Friday, sponsored by the City . I will say that it was except ional commun ity theatre , I was just really , really Impressed at what went on there and I'd like to congratulate the Parks and Recreation Department and Carol McGuigan , for all of their hard work in putting this together every year in the summer and , of cou rse , the cast. want to give special congratulat ions to Bill Ambron , who was the director of the play and this was his 100th presentation of a play in Englewood at the High School. So , congratulations to him , It was excep tiona l. (b) Council Members' Choice • (i) Council Member Penn sa id thank you for allowing me to be gone the last three weeks . II was kind of fun , I apologize . Sue kept me updated as I do take my computer down and I did get online every • morning , So , I really don 't know what's going on in Englewood , but I will catch up qu ickly . So , thank you and I missed everybody . (ii) Council Member Mccaslin said well I'd just like to thank Cynthia for stepping up . I know that she was on the Dog Task Force and after we rece ived that publicity about the dog poop pic k up ordeal , she stepped up and rea lly justified why we made the decision . It was more than a san itary thing and another way to keep us clean , So , I appreciate her time , I wish she would have stayed . I'll call her and thank her in person . (iii) Counc il Member Moore: 1, He said I also apprec iate Cynth ia stepping up and disc uss ing that ordinance . II is really unfortunate what the press picks up on . I was actually think ing the 72 hour ru le was already in tnere and we were merely ma intaining it. I believe Mike told me no . We actually had 48 hours in there before , so I th ink the press should have highlighted that we just gave the citizens 24 more hours to clean up the mess , instead of suggesting that th is was a mechan ism to impose such, you know .... that that was what we were do ing with th is whole ordinance and clearly this was such a min ute po int of it. And of course , aga in, that th is is just an enforcement me chan is m. Anyway , I appreciate Cynth ia stepping up and just try ing to bring the attention back on the larger iss ue . 2. He said rega rding the tape storage , I know how long we retain tapes . I know we have had extensive discussion rega rdin g the Exec utive Session tapes . I don 't remember how much we conscious ly ta lked about storage of our regular sess ions and whether or not our mo ve to digital storage should change that so maybe we should put that on the list for a future Study Sess ion , We can make sure that we are staying current in our thoughts regarding the retention of those tapes . 3. He said I wanted to mention ... re gardi ng the property on Ogden ... there was , unfortunately , some confus ion in that process and Council is trying lo work through it and , unfortunately, there is an imbalance • between the tim ing needs of an individual versus the process we must go through to be fair to the pub lic, So , there are always two sides .. , there is more than just the developer ... there are ne ighbors who want a voice in the matter. So 1t is, correct me if I'm wrong , but we have asked Planning and Zoning to review the administrative rule th at was discu ssed at that Study Sess ion some lime ago and to go to a publ ic hearing and talk about it and • Englewood City Council August 4, 2008 Page 9 go through ~ more formal process for cons idering that cod ify ing an adm inistrative variance . So , that pro cess is In the wo rks and will include publ ic hear ings . It will go through Planning and Zoning first and then come back to Council. I believe the approach is ... we are approa ching that rule , not that property in particular , but we are mak !ng sure that that issue goes through all the proper processes , including public hearings , so there are plenty of opportun ities to comment on whether it is a good th ing or a bad th ing for our neighborhood . Mayor Woodward said thank you . (iv) Council Member Oakley : 1. He sa id I went to the opening of Smashburger over on Broadway and I was kind of surprised to see the size of the restaurant , given that they have divided the building into three sections , but I guess that is a pretty good sized building . And , they built a nice outs ide area between the buildings . I was impressed with that. Someone asked how was the burger. Mr . Oakley said the burger wasn 't bad . The railings they put along there, we might take a look at cons idering what we are looking for , because it certainl1· didn 't cost what we were proposing and it looks like it may do the job . 2. He said in regard to the tapes . If you remember, both Jim and I had war,ted to study something and we were told that we were lucky that the tape was left that we wanted to listen to , because generally they don 't keep them that long . I proposed at that tim •, to keep them longer, but there was no support . If we want to •eaddress them , we can, but we did talk about it at that time and decided not to . Council Member Moore said Wayne , wasn 't that within the context of the Executive Sessions ? Mr . Oakley said it was . That particular one was , but in general I talked about keeping tapes longe , . • Council Member Moore said I just remembered that there was specific consideration for the Executive Sessions versus Study Sessions , but let's revisit that one when convenient. Mayor Woodward said thank you . (v) Council Member Wilson : 1. She said I wanted to say how much I apprecia:, Cyn\hia coming tonight anci also all the people who worked on this ordinance with the staff. I would sugges! to the people who are focusing on the poop that they read the whole ord inance and see how much time and work was put into this ordinance . I think it is a shar~ that someone picked up on that and of all the media stories . that wa s like the biggest thing of this week . So , I do appreciate her coming forth and I support the ordinance wholeheartedly . 2. She said I went to the opening of Smashburger and I've been back . My son and hi s wife took me out to lunch and decided that was where we were going . It was good and nice and it was a little less crowded than the opening , but it was very good and I enjoyed it and it is a wel come addition to Englewood ... and the burger was good . (vi) Council Mem ber Jefferson : 1. He sa id I did want to than k the folks who ca me down to tal k about the Jog ord inan ce. I found it a little baffl ing that it got so much covera ge and als o unfortunate . 2. He said to Rick , I totally agree with you that we should probably keep the tapes a lot long er than six months . That so unds reasonable to me . I can't imagine that the cost wo uld be too prohibitive to allow us to do • that for at least an oth er year or si x months at minimum . And hopefully , you know , switching over to electronic stuff will provide us add itional capability to store those for a much longer period of time , which would be really nice . Englewood City Council August 4, 2008 Page 10 3. He sa id as far as the Boards and Comm iss ions , I agree that there is a real lag as far as be ing able to get information from some of those guys . I was just looking at the list of minutes transm itted to Council. Th e minutes prov ided to Council in Ju ly are mostly June , but a lot of them are May . You know , from the Library Board , Water and Sewer Board and I think part of that is because they meet only monthly and so I'm not su re how to expedite that process . If we can go with some sort of abridged vers ion of the fo rmal , fi nal ize d minutes? Mayor Woodward said until the y are approved at the next meeting and then for example , if there isn 't a quorum there , you ca n't get the minutes 1pproved th en you have two months lag . And so, that is why th ere Is some of that lag time . Mr. Jefferson sa id I know there is some of that with the meeting , but I don 't know ... is there a way to allow them to approve the minutes in a separate form ? You know , could they email the ir sets of the minutes or is there any other way to create th~t iorm? So they can get that information to the public faster? City Attorney Brotzman said on certain Boards , on certain adm inistrative actions , they do phone polls approving their minutes . Also , I believe ... Mike can probably help with this ... lhat we are go ing to be putting those on ou r website as well. Deputy City Manager Flaherty sa id actually all Council minutes and agendas are on the website . We are working towards gelling all Board and Commission agendas and minutes on the web site as well . At this point , we don 't have all of the Boards and Comm iss ions on the web , but that is our intent io n. I wi ll be speaking with the Directors tomorrow about that. Council Member Jefferson said great. Yeah , ii just seems like there should be a way to exped ite that. process . • Even for me as a Council person , it is difficult to stay abreast of everything that these folks are doing without • receiving those minutes in a somewhat timely manner . Yo u know, I basically have to do the same thing as some of the publ ic has to do . I've got to call somebody who is a member of that Board and that we nt to that meeting and say , hey , what went on? It would be nice if there was a way to make that happen . Perhaps the person who runs the meeting of the Board could do a qu ick call to the members and get that type of information . I'm no t sure , but I think that is something worth looking at though . 4. He said as far as Matthew 's iss ue about the property ... ! think we are aware of the situation and I think we are trying to work with it the best we can . I would be happy to discuss it with him later. 13 . City Manager's Report (a) City Manager Sears sa id just a couple of thing s. Sam Watson is here . We pass ed out the National Nigh t Out updated list for Council , in case any Council member has a question about any of those sites . Sam is there anything you would like to add to that for tomorrow night ? Po lice Commander Watson sa id yes , in your pa ck et there is a previous list and the one that was at your table this even ing when you sat down is the up -to -date list. You can use that one . Someone asked what day ? Someone said tomorrow . Sam said be carefu l, there are a couple on the list. .. there is one th at has actually occurred prev iously , I guess . And then a couple highlighted in red that will be th is weekend . So me0ne asked are the ones that don 't have a dale ... tomorrow . Sam said that is right, those are tomorrow night. Th e balance of them , the ones that don 't have a date , are tomorrow nig ht. Most of th em start at 6 p.m. City Manager Sears said if you have any questions , you can talk to either Tony Geier or Sam . I know there were a couple of them that Coun ci l wanted us to make sure that we followe d up with the Pol ice and Fire and I know we will have som e people there tomorrow nig ht (b) City Manag er Sears said ne xt Monday night is the Boa rds and Comm issions appreciation nigr! • at Pirates Cove and we will gel you mo, '0 formation about that as we pull that together . I know we are tryi ng to co nfirm how many peo ple are go ing to be there , so we will follow up with thal. • • Englewood City Council August 4, 2008 Page 11 (c) City Manager Sears said I just want to let you know that it is kind of an odd time for Mike and I to be gone at the same time , but with the wedd ings and other family obligations ... I am go ing to be gone to Chicago for the rest of this week and Mike will be gone Wednesday through Friday . Je rrell will be Acting City Manager during that time and Rick will also be filling in , with Jerrell , especially for City Center issue . So from Wednesday through Friday you can get in touc,• with Jerrell or Ric k on is:·,es that you ma y have . 14. City Attorney 's Report C:ity Attorney Brotzman did not have any matters to bring before Council . 15. Adjournment DWARD MOVED TO ADJOURN . The meeting adjo urn ed at 8:28 p.m. _a;