HomeMy WebLinkAbout2008-12-01 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY, COLORADr.
Regular SeHlon
December 01, 2008
1. Call to Order
The regular mealing ~f the Englewood City Council was called to order by Mayor Woodward at 7:47 p.m.
2. Invocation
The invocation was given by Coun cil Member Mccaslin.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin .
4 . Roll Call
Present: Council Members Jefferson, Moore , Penn , Oakley , Mccaslin, Wilson,
Woodward
Absent: None
A quorum was present.
Also present: City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
Deputy City Clerk Bush
City Clerk Ellis
Director Gryglewicz , Finance and Administrative Services
Director Black , Parks and Recreation
Director White, Community Development
Senior Planner Langon , Community Development
Sergeant Condreay , Police
5. Conelderatlon of Mlnutee of Prevloue Session
(a) COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 17, 2008 ,
Mayor Woodward asked if there are any revisions or corrections . There were none .
Vote results :
Motion carried .
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
6. Recognition of Scheduled Public Comment
• There were no scheduled visitors .
7. Recognition of Unscheduled Public Comment
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December 01 , 2008
Page 2
(a) Jerry Furman , an Englewood resident , sa id hello . I'm a Special Olymp ic athlete . Th is year for
basketball season , we were talking to the Englewood Rec Center and the Englewood Rec Center denied us and
we 're trying to find out why . Our first game is January 9'", an away game and then we have a home game
com ing up after that and we don 't have anywhere to have our home games . I think it's time for the Englewood
Board , the Englewood Council , to try to find out... to get us a place to pra dlice , because we need a place . Mayor
Woodward had trouble hearing Mr . Furman and asked him In repeat what he sa,d . Mr. Furman said I am a
Spec ial Olympic athlete for the Southsider Tigers . Our normal practice place was Flood Middle School. That
was cancelled out , because of what happened to the Englewood School District. Last year we started playing at
the Englewood Rec Center . Th is year we got denied by the Engl ewood Rec Center and we don 't know why .
So , I'm try ing now to see if you guys can put a little fire at the Englewood Rec Center and get us our games that
we ... we were told it was okay , and we programmed games and stuff and then we get told no , they changed
their mind . Right now we don 't have a home court. Council Member Jefferson said is it basketball we 're talking
about? Mr . Funman said yes .
Council Member Jefferson and Mayor Woodward sa id thank you .
(b) Matthew Crab tree, an Englewood res ident , said good evening Counc il. I'd like to take a
moment here and respond to Mayor Woodward 's comments from the last Council meeting regarding a
conversation that you had with , I think it was Peggy Cole , of the Littleton City Council , regarding meeting length .
I just wanted, for clarification , to let you know that I did some research and found that there were two meetir,gs ,
over the last year, that have gone past midnight, well past midnight , and there were a handful that went very
close to midnight along with others over the last few years that did go past midnight. Now , that's simple
clarificalion . I think the point of my original presentation was kind of missed . It's not my Intent, and it wasn 't my
inten t of my original presentation, to recommend to Council that there was a carbon copy of Littleton 's
procedure s. The objective of my presentation was to raise concern th at we 're rushing through the Council
meetings just to get out of ... to get the City Council meeting completed with in a certain period of time . That was
my original concern . I was using Littleton~~ an examp le of that case . So , just for clarification on that, there was
concern that my, I guess , ideas of how late L:ttieton Council meetings went were in dispute , so I just wanted to
clarify . I would like to remind Council that it is ti,e obligation of City Council to bring all topics and all discussi~ns
before the people of this community . Voting on top ics with no discusr,ion , that's a concern . Each and every
member of this community has the right to know how you obtained that decision and how the process was
followed throughout that procedure . Voting on five topics or four topics all at once , under one vote , that's not
conducive to keeping the community involved with the procedures and the processes that City Council follows .
So , that was the point of my original presentation . I th ink the whole length of Littleton 's meetings kind of went off
on a side tangent there and that wasn 't the point of my presentation . II was simply that I think Ci~ f:ouncii
shou ld make a stronger effort to discuss each top ic in here before the people . Thank you .
Mayor Woodward said thank you .
8. Communications, Proclamations and Appointments
There wern no co mmuni cations , proclamations or appointments .
9. Consent Agenda
COUNCIL MEMBER MOORE MOVED , AND COUNCIL rAEMBER McCASLIN SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I) and 9 (c) (I), (II).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 80 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 5, BY DELETING CHAPTER 5, AND AMENDING CHAPTER
8, SECTION G, OF THE ENGLEWOOD MUNICIPAL COOE 2000 , PERTAINING TO MASSAGE THi:RAPY .
(b) Approval of Ordinances on Second Read ing
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Englewood City Council
December 01 , 2008
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There were no ad diti onal items submitted for approval on second reading . (See Agenda Item 11 .)
(c) Resolutions and Motions .
(i ) RESOLUTION NO . 84 , SERIES OF 2008
A RESOLUTION SETTING VARIOUS MISCELLANEOUS LICENSE FEES FOR THE CITY OF ENGLEWOOD ,
COLORADO .
(ii) RESOLU TI ON NO . 85 , SERIES OF 2008
A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT
FUND FOR GOLF COURSE EXPENDITURES .
1/oto results:
Motion carried .
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
10. ubllc Hearing Item•
(a) Mayor Woodward said this Is a Public Hearing lo gather inpu t on Council Bill No . 79 , authorizing
amendments to Tille 11 (Public Ways and Property), Tille 15: Health (Sanitation and Environmental Protection),
and Tille 16 (Unified Development Code) regardi ng hard surface standards , and an amendment lo Tille 16
regardin g maximum cor,,mercial vehicle weight in · ;de r.!ial zones .
COUNCIL MEMBER WILSON MOV!:aD , AND COUN CIL MEMBER JEFFERSON SECONDED, TO OPEN THE
PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO , 79 ,
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilron , Oakley
Nays : None
Motion carried and the Public Hearing opened .
Sen ior Planner Tricia Langon , being duly sworn , said for your consideration ton ight is a Public Hearing on
Council Bill No. 79 . I have already submitted , for the record , proof that Notice of th is Public Hearing was
publ ished in the Englewood Herald 011 November 21, 2008 and it was also published on the City webs ite from
November 19 throug h November 30, 2008 . Council Bill No . 79 has two sets of proposed amendments . The first
set is amendments regarding hard surface standards for park ing areas and those are amendments to Title 11 :
Publ ic Ways and Property , Tille 15: Health , Sanitat ion and Env ironmental Protection , and Tille 16 : Unified
Development Code . The second part is an amendment lo Tille 16: the Unified Development Code regarding
maximum commercial vehicle weight In residential zone districts . The Plaoning Commission considered the
Unified Development Code 's Tille 16 code amendments at a Public Heari'1g on October 21 , 2008 and
recommended approval of the Title 16 amendments . Since these are all ·elated issues and amendments , that is
wh) Commun ity Development is bringing Title 15 and Tille 11 together w,th Tille 16. The purpose of the
amendments for both sets is for consistency in all Titles of the Municipal Code . On the hard surface defin ition
related lo driveways and park ing pads across the three Titles, there were similar but inconsistent definit ions and
so we new have a single definition across all three Titles . There are no changes to the park ing reqc.'ements
and no changes to requir ing driveways to be brought up to the new Code standards . So , in other words ,
existing driveways and parking pads are grandfathered in until there is some type of development action that
requ ires them to meet the new standards . As far as the max imum commercial vehicle weight in residential zone
districts Is concerne d, the Unified Development Code allows only up to 6,000 pounds per commercial veh icle In
all other Titles and on City traffic signs throughout the City , where traffic signs lim it truck weights in various
areas , all of tho se carry 7,000 pounds . So , as with the definit ion of a hard surfa ce, the commerci al veh icle
Englewood City Council
December 01 , 2008
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we ,ght issue is just a matter of co nsiste ncy , so tha t ac ross all Titles defi nitions and terms are the same . She
sa :d if there are any questions , I will be happy to address them .
Counc il Member Moore sa id Tric ia, pl ease clarify . I am torgett ing ... in te rms parki ng in your back yard , is ii
requ ired to have a pa rki ng surfa ce? Ms . Langon sa id in the UDC the requ irement is on ly in lne front yard . Mr.
Moo re sa id so ... I was ju st try ing to fi gu re out how that wor ks. What is th e distincti on between when you need a
park ing surface at all , ve rsus just parki ng on your law n? Ms . Langon sai d well if it Is in the fr. ,t that is under
Tille 16 and it does requ ire a hard surface . Title 16 has alwa ys requ ired a hard surfa ce. Part of th is iss ue came
about because in, I be li eve it is Tille 15: the Nu isance Code , that sa id you could park on gravel driveway and we
had a couple of situa ti ons where th ~ N•·'•a nce Code Office r was telling a citizen ... okay , you can put in a grave l
driveway ... but the zon ing code enforcE , :nt officer was saying ... no , It has to be a hard surfa ce. So , that is
where we Identified the disconnect. We ,, oked at , I am not as famil iar with Tille 11 and 15 ... Till e 11 is also
parking In the front setback ... 11 and 16 b: •1, only dea l with parki ng in th e front se tback .
Council Member Moore said so structured in the front of the house you have to get a hard pa rki ng pad and th is
makes the parki ng pad a un iform defin ition . Ms . Langon sa id that is righ t. Mr. Moore sa id th ~re is noth ing
restricting •~e back y2rd in terms of where you park or the need for a hart! surface al all . Ms . Langon sa id not
with in 16, correct. Mr. Moore sa id okay , than k you .
Mayor Wood..,a rd asked if th ere was any other discus&;on .
Council Member Penn said yes , Trici a I apolog ize , bu t whdl is the mag ic number of 7,000 ? Is there something
we should know about this number? I shou ld have asked it ea rlier and I apo logize .
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Ms . Langon said well I asked that que.;tion and I was just told that it is the standard wit hin the Traffic Code. All •
the signage for truck we ights through residen tial areas is 7,000 pounds .
Counc il Member Mccasli n said is that cons istent throughout all. .. like all of the Denver metropolitan area? Ms.
Langon said apparently . Mr. Mccaslin said so it is cons istent throughout all the suburbs then ? Ms. Langon said
apparently . She sa id I spoke to the Traffic Eng ineer, Ladd Ve stry , arid that is what he concurred .
Mayor Woodward sa id actually I be lieve we went thro ugh that at a Study Sess ion ... a couple of years ago ... and
spent qu ite a bit of time on the 7,000 and the defi nit ion of the we ight and the Traffi c Code .
Mayor Woodward asked if there were an y more questi ons for Tricia .
May or Wood ward sa id nobody ha s signed up on the Pub lic Hearing ros te r. Again , if anybody wou ld like to
spea k to these issues , I would like to give you the opportun ity to stand and step forward . See ing no on e, I
would enterta in a motion to close the Pub lic Hearing .
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER WILSON SEC ON DED, TO CLOSE THE
PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO , 79 ,
Ayes : Council Members Penn , Mccas li n, Moore , Woodward , Jefferson ,
Wilson , Oakley
Na ys : None
Mo tion ca rried and the Publ ic Hea ri ng clos ed.
11 . Ordlnancaa , Resolution and Motions
(a) App roval of Ordina nce s on First Reading
There were no add itiona l items subm itted to r approval on first read ing . (See Consent Agenda Item 9.)
,o) Ap pro val of Ordina nces on Second Pead ing •
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Englewood City Council
December 01 , 2008
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(i) Council Bill No . 69 , amen di ng lhe Un ified De velopme nt Code perta ining to flags in the
South Broadway Bus ine ss lmpro ,ement Dist ri ct was considered
COUNCIL MEMBER WILSO MOVED , AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I) -ORDINANCE NO . 72 , SERIES OF 2008 .
OR'JINANCE NO . 72 , SERIES OF 2008 (COUNCIL BILL NO . 69 , INTRODUCED BY COUNCIL M"'JIAER
WILSON)
AN ORDINANCE AMENDING THE ENGLEWOOD MUNICIPAL CODE 2000 BY AMENDING TITLE 16-6-13 ,
SIGNS NOT SUBJECT TO PERMITS, TO ALLOW DISPLAY OF A FLAG USED EXCLUSIVELY BY THl:
SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT Ml::MBERS .
Mayor Woodward asked if there was any discu ssion .
Council Member Mccaslin sa id we will be com ing back with the other issue . Mayor Woodward sa id that is
correct , we have that on our Study Session list. Mr. Mccaslin said thank you .
Vote re■ults :
Motion carried .
Ayes : Council Members Penn , McCa51in, Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : None
(c) Resolutions and Motions
(il A resolution of support to the Englewood Environm ental Foundation for the exp3ns ion of
parking at CityC•nter Englewood was cons idered .
COUNCIL MEMBE'R PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (!)-RESOLUTION NO . 88, SERIES OF 2008 .
RESOLUTION NO . 86 , SERIES OF 2008
A RESOLUTION OF SUPPORT FOR THE EXPANSION OF PARKING AT CITYCENTER ENGLEWOOD .
Mayor Woodward asked if there was any discussion .
Mayor Woodwa rd said I wanl to mention thal in the Coun cil Communicat ion it refers to the passage of
Fas Tracks in 2006 , as well as in the Re so!"t'~n. FasTracks I belie ve, was passed in 20 04 . In fact I am very
sure of that. Agai n, this is j ust a Reso lution to move forward with work,ng wi th RTD ... staffworking with R D
and RTD having the opportun ity to move fo rward .
Ma y ,r Woodward as ked if there were any other comments . There were none .
Vo l results :
Mr.;iorl ca rried .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
ays: None
• 12 . General Dl1cu11lon
(a) Ma yor's Cho ice
Englewood City Counr.11
December 01, 2008
Page 6
(i) Mayor Woodward said I attended, as mentioned earlier , the Olga Wolosyn Memorial
Concert on Saturday night , at Hampden Hall . I really enjoyed the concert . It was a success . It was well
attended . I saw a lot of pe ople from the Denver Region there that also enjoyed it.
(Ii) Mayor Woodwa rd said I also want to mention th at this coming Saturday , Englewood
Shines , at 4:00, right out here in front by the Christmas tree , where we start the Christmas lights and kick off the
holiday season in Englewood with fireworks . It 's always fun for the kids and some of us big kids .
(iii) Mayor Woodward said I want to mention that two weeks ago we voted to support ... to
be a spon• ,r for the En!j;ewood Chamber holiday party for all businesses in Englewood, at the Alexan from 5:00
to 8:00 on December 12 , whicl , is a Friday .
(b) Counci: Members ' Choice
(I) Council Member Penn :
1. He said I would suggest to Jerry and to Jerrell , some of the best Special Olympic Games were held just
prior to the junior varsity and varsity games at Englewood High School . And I don 't know if that can be worked
out with Mr. Evans over at Englewood High School, but it was an excellent opportunity for the kids to be play ing
in front of the student body. And the student body came out tremendously in support of these people . So Jerry ,
poss ibly you can go back there and see what can be done . I know that practice space is always a problem . so
I'm sure Jerrell will work !'. ;ut someway .
2. He said the Chamber Christmas party is open to all businesses . You do not have to be a member of the
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Chamber. Hopefully everybody understands that. It will be Friday , December 12"'. I do have invitations if
anybody would like one . •
(ii) Council Member Mccaslin sai • being a member of the KEB Committee , next Tuesday ,
if anyone would like to come , beginn ing at 5:30 , we will be judging the holiday lights for Englewood . I don 't see
it right here . When will we be giving the presentations? Several people said the next meeting on the 1 S"'.
Council Member Mccaslin said so the awards will be on the 15th for the holiday lights and decorations .
(iii) Council Member Wilson :
1. She said on my way over here, I saw the lights, down in that area, Bob, from Hampden and not quite to
Yale, so I think it starts at Dartmouth . Council Member Jefferson said it goes all the way, because that's where
the Christmas tree is . Council Member Wi son said that's true, you 're right. I thought it looked great. It is a
great improvemoot over last year and I appreciate everyone coming together , including BID , to work with the
City on that.
2. She said I also saw the bike racks , wh ich arc just great. Mayor Woodward asked they are out. Coun cil
Member Wilson said they are out, with the planters . The art has not been put in the planters yet , but I know it
'as be~n selected, so that should be coming soon . It 's great to see downtown spruced up and trying to improve
even during these hard times .
3. She said I hadn't seen it , but I've been to the BID meeting s where they have a coupon book now that
they are handing out, which has certain discounts at differen• stores , up to a total of $1 .~00 .00 I believe . So ,
that may be something that everyone wants to look at. Again, hopefully during these hard economic times , that
will bring folks to Englewood to shop . Mayor Woodward asked If these are free books. Council Member
Jefferson said yes , you can get them from your local merchants , if you shop at any of the local stores . Mayor
Woodward said BID stores? Council Member Jefferson said yes, any BID store will have them . Although there
are a limited amount being put out there and so the merchants are a little bit discretionary as to who they give •
them too . Some of their better customers is kind of the idea ... people not in the area is kind of the idea . Council
Member Wilson said anyway, It's nice to see that again, trying to do something during these hard economic
times . Hopefully that will be successful. I know that they really put a lot of money out there to improve
downtown . So it 's coming along .
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Englewood City Council
December 01 , 2008
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4. She said I wenl lo the concert also . I thought ;t was great
(iv) Coun cil ~ember Jefferson sa id I'll just second Jill 's comments about what is go ing on
downtown . Th ere is a lot of Improvement. I'm already hearing so e feedback from the community, from
businesses , and just ind ividual citizens say ing it looks so much better and th ings are on the up-and -up .
Hopefully things like this coupon book will keep this sort of synergy go ing , along Bruadway at least.
Mayor Woodward said, I ju st want to mention , just lo second whal you said , Salurday night at the concert ; I was
hearing out-of-towners mention ing the north end of South Broadway also , so people from out-of-town are
noticing it also . Council Member Jefferson said tixcellent. Council Member Wilson sa id the tree's great, com ing
Into th~ City .
13 . City Manager'• Report
(a) City Man a;er Sears sa id Jerry , if I could go back for a second to respond . Jerrell Black , -0u r
Parks and Recreat ion Director, is in the back here and you could probably talk to Jerrell for a couple of minutes ,
especially in regard to wihat Randy had indicated .
(b) City Manager Sears said I also wanted to rem ind Council that tomorrow evening , at 6:00 to
8:00, at the Servicenter , Police/F ire will be thanking th eir volunteers. If Council gets a chance to attend ...
There was discussion among the Council members about where it will be held . City Manager Sears sa id I'm
sorry ; it 's in the Community Room . Mayor Woodward said it Is a potluck .
14. City Attorney•• Report
City Attorney Brotzman did not have &ny matters to bring before Council.
15 . Adjournment
MAYOR WOODWARD MOVED TO ADJOURN. The meeting adjourned at 8:15 p.m.
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