HomeMy WebLinkAbout2007-05-21 (Regular) Meeting Minutes•
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ENGLEWOOD l:ITY COUNCIL
ENGLEWOOD, ARAPAl':OE COUNTY, COLORADO
May 2',, 2007
1. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at i·JO p.m.
2. Invocation
The invocation was given by Council Member Barrentine .
3. Pledge of Alleglonco
The Pledge of Allegiance was led by Mayor Wolosyn .
4 . Roll Call
Present:
Absent:
A quorum was present.
Also present:
Council Members Tomasso, Moore , Barrentine, Oakley, Mccaslin ,
Woodward, Wolosyn
None
City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Deputy City Clerk Bush
Director Olson, Safety Services
Director Long , Library
Director Ingle, Information Technology
Director Gryglewlcz, Finance and Administrative Services
Economic Development Coordinator Hollingsworth , Community Development
Senior Planner Graham , Community Development
Manager Stitt, Community Development
Executive Assistant Fenton, Community Development
Senior Planner Langon , Community Development
Police Commander Watson , Safety Services
5. Conaldoratlon of Mlnutea of Prevloua Se11lon
(a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 7, 2007, AS CORRECTED ON PAGE 32,
SECOND PARAGRAPH, LINE 12 " ... ONE WAS LEADING ON A LEASH", SHOULD READ " ... ONE WAS
LED AWAY ON A LEASH".
Mayor Wolosyn asked W there was any discussion. There was none.
Vote reautta:
Ayes :
Nays :
Motion carried .
Council Members Barrentine , McCaslin, Moore, Wolosyn, Woodward ,
Tomasso , Oakley
None
Englewood City Council
May 21, 2007
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6. Recognition of Scheduled F-ubllc Comment
(a) Kirsten Litchfield on~ Krista Nle.Jerjohn were present to address Council, with a PowerPolnl
presentation .
Kirsten said as most of you all know, we did go to the National League of Cities Conference In Washlnglon
D.C., with a lot of the City Couricil members . They esk6:I us to come here end present what we learned and
share our experience . Krista said we were really, really exc ited when we got there . Bui we kind of got lost
unlll we found this really nice city councilmen from Wyoming . He showed us how lo get to the hotel. h~
dropped us off there until we met up with Jim and the rest of them . But the City is really amazing and the
Metro there Is really cool and you can gel pretty much anywhere . One of the pieces we went to was the youth
conference. We met other youth delegates from all over the country and learned about how their youth
councils are run . One group from Casper , Wyoming spoke with us . They spoke about how they became more
Involved in their community and tt,eir state . Kirsten said they talked about how they helped pass a bill that
allowed youth, ages 16 to 18, to s•rve as election judges In their slate. An election judge Is an official of
polling who works on-site and helpn with the registration . And they explained to us how they went about doing
It. How they resGarched ii first. Ard then they also researched bills from other slates . They kind of molded
it. .. a couple of them together, lo fit their own Stale of Wyoming and then they found the legislative sponsor
and took the ir bill and lobbied ii and they finally got II passed , which is really cool that a youth group could do
that for people in their slate . Krista said next was the general sessiom that we went to . All of the delegates
attended these sess ions and we had the opportunity lo hear several speakers. All of them were from the
Democratic Party . They invited everyone to come, but only the Democrats responded, which says a lot . And
a bunch of people spoke who are nominated for the Democratic election in 2008 . Kirsten said Hillary Clinton
was one speaker . She was amazing and we learned so much from her . She was really inspiring. She spoke
about Pre-Kand post secondary education, the Iraq i war , healthcare and finances . The next one was
Chrislopher Dodd , the Connecticut senalor, and his main topics were Homeland Security and crime
prevention . And the next was Joe Biden, the Delaware senator and his was finances, renewable energy, drug
control and the plan for withdrawal out of Iraq . Krlsla sa id in our spare time ... thal we had away from all of
these sessions that we were attending , we went and saw a lot of the monuments and historical parts of
Washington D.C., which was really cool because I'm a history buff , so I was really excited about that. We
went lo the Washington Monument , which is gi-normous and really cool. Kirsten said then we went to the
World War II Memorial and we took the picture of the Colorado one . We went to the Vietnam Memorial , which
was ,~ally cool, and also , the picture , right there, with the names on ii and we found the name of one of our
teach••'s brother who died in Vietnam and we 're going to give him a picture of ii. So II was really, kind of ,
soberin ,,1 to sea that. Then we went to the Lincoln Memorial . Krista sa id this Is nothing like the pictures . If
you 've ,. .r been there, ii is huge and so inspiring just to be there and to look up at him . The facial
express,o :·s ... lhe craftsmansh ip on ii ,s just amazing and then ii looks out from behind over the entire
Reflection Puol , and you can see the Washington Memorial In the background and the capital. II is just
amazing. Senator Wayne Allard was one of the first people we heard speak . His main points were reversed
mortgages , lransporiatlon , reducing the deficit and the GDB budget. He said he doesn 't want any more
money taken from Colorado than was already taken . He said that our goals and objectives are not really being
met when ii comes to the budget. Money isn't measured or managed well. He said that he was really
stressing upon how we can really improve that. Also, he was talking about identity lheft. He said the SS
Admin is tration needs to wor< with the Homeland Secur ity If the ID is being used in several places at onca in
the country . So he was really talking abou t trying to reduce Identity theft with, not only the citizenry of
Colorado , but the country . Kirsten sa id we got to meet our Senators at a breakfast one morning and ii was
really cool to hear what they were doing to help Improve things within Colorado . And Senator Ken Salazar
was very Interesting ... he was really cool to meet In person . And he talked about the Iraq i war and how he
wants to help stabilize lhe nation and bring the soldiers home ... and also about Immigration and to help lower
Illegal lmmlgrallon within the United States or Colorado and about our transportation and Fas Tracks systems
and water conservation . He wes saying that Colorado gets fewer dollars per capita than most other states do .
And he was also talking about how the National Democratic Convention Is going to be held In Denver this
year, 2008. He was really excited about that. And also he talked about renewable energy and how we need
lo gel moving on that and about healthcare . Kirsten sa id House Representative Diana DeGelle was so
Insp irational, because she was Just very well spoken and she 's someone that we could really look up to . to sea
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Englewood City Council
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how much she's doing for lhe State . Krista sa id she was by far one of our favorites . She was so friendly and
she seemed like she •eally wanted lo help what was going on . She didn't speak lhe pril tlcal double telk with
us . She just gave us straight answers and to,d us this Is what's happen ing and this is whal I'm going to do
about ii. It was really amazing . Kirsten sa id one of Iha exciting things that we were talkhi g about Is she said
that she would actually be vary willing lo come to Eng lewood High School in the Fall of 2007 and speak with
us ... the entire school. The entire school could go Into the aud itorium and she would just speak with us and
come meet us, which is really, really exciting, th at she would lake lime out of her really busy schedu le and
come see us. And then , actually , sha lat us ask whalever questions we wanted to , lo her, and she tried to
answer them for us as best she could . And she talked a lot about imm igration and how she has an Idea where
we could set up a program where immigrants could obta in a green card , and work in the Un ited States
temporarily and then return lo the ir country after a set amount of time , which she thinks would help cul down a
lot on Illegal Imm igration . Krista sa id that along with the green card , she sa id that the nnswer isn't just to ban
them from our working environment , because we need them to work a lot of the jobs tt,at they are work ing .
And so she's trying to figure out a different program to help keep them working in our env ironment , but just
kind of manage illegal lmm lgration ... help them learn Engl ish and develop better relationsh ips with Mexi co and
Central America" :t h the U.S. Another thing was education . Sh e wanted to IHlk about more loans and grants
for coll eges . That was one of our maj or concerns as we are head ing off to college here in a year and we know
that Colorado Is one of the most expensive places fr,r college tuition in the country. We are just kind of worried
that that's go ing to inh ibit a lot of people from wan .:ng to come to Colorado fo r college. And so she wanted lo
reduce the interest on student loans . Like I said, Colorado is the 48th slate in the country for the amount spen t
on higher educa tion . Kirsten sa id we went to the Spy Museum and that was amazing . We got lo go around
and you got to get little identities and they as ked you questions along the way and you had to know everyth ing
about your person and you had to pretty much conv ince them that you were that person . And then you
learned all about the different gadgets . I actually learned how lo pick a lock there . And the Air and Space
Museum , and Krista , I'll let you talk about that alittle bil. Krista sa id we were really rushed that day so we
didn't really gel to slay there that long , but wha t we saw was pretty cool. We sa w the Spirit of St. Louis . We
saw different airplane kind of th ings tha t were from a long time ago and also some stuff on NASA . At the Air
and Space Museum they actually had a temporary ex hib it from the Natural Museum of Histo ry . That's actuall y
whera we spen t most of our lime, at the Air and Space Museum. It was really cool because the y had all these
or iginal th ings , li ke the top hat that Lincoln was assassinated in , and Dorothy's original ru by sli ppers fr om The
Wizard of Oz, and th e orig inal R2O2 and C3PO fr om Star Wars ... just things li ke that and ii was really cool.
Kirsten sa id the Cap ital was probably one of the coolest th ings that we went to and well , the picture with the
astronaut is one of the Colorado statues that we ha ve and we learned that each slate gels to have two statu es
with in the Capital. Krista said that we are the only one with color , by the way . Kirsten sa id yes, we are the
only one with a statue of color . And the dome is over there and one of the ma in halls . And that 's the Cap ital
at about 5:00 In the morning when we had to go to that breakfast. And the center of the City is where the
squares are , so we 're all standing in there and we took a picture of our feel , because tha t was really cool, and
then Abraham Lincoln 's little square th ing where he used to sit. Kr ista said th at I guess we're go ing to add that
th is was a really, really reward ing exper ience for us and we learned a lot. We wou ld definitely recommend ii to
people In the future . Kirsten said we also recommend that you continue do ing this next year . It was a really
amazing expe rie nce and we learned so much and it was so Insp iring to see just how our government wor ks,
because you live II everyday , but you don 't really see the behind the scenes workings . It was really reward ing .
Krista said yes and also, when we got to do all of those youth sess ions and stuff like that, you get to talk with
all of lhese kids from everywhere else in the country and you get pulled out of your own little bubble , of your
own little city, where you are and you are ,earn ing what all of these other kids are do ing to help the ir slates and
stuff like thal. And also when we got to meet the Senators and the House Representative, it was very
rewarding and very insp iring .
Mayor Wolosyn said thank you for a wonderful presenta ti on and I wou ld add that having you there with us , got
me out of my adult bubble when I saw the city in a different light and it was a great experience . So thank you .
Both girls responded thank you very much . Council Member Woodward said thank you.
• There was a round of applause .
Mayor Wolosyn sa id well done .
Englewood City Council
M1y21,2007
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(bl Keith White said tonight I'm not going to 1peak to Y® abOut who think• what Is and Isn't art. • I'm not going to 1pe1k about what promote■ ld111 and who doesn't have neck mu1cle1 to look eway . I want to
speak to you guy■ tonight about observation and gratitude . Recently we have 111n article■ In newacaall
abOut a wall , that two months ago waa a pile of stacked cinder blocks with a coet of boring Navajo red paint
covering It. After a few creative appllcallona of various colors, It has now b11n talked about coest to coeat for
more reasons that just a sign code . The media 11 the result of the conn let. .. the result of conflict over
Inconsistent codes that can easily be changed. Instead, can't we have the media be the result of collaboration
and rejoicing? Al progressive II Englewood Is towards art , with Its grass statue on Broadway and its free Art
bus throughout the City, II would embrace the way that we have comu acroas that allows the community to
fight back against graffiti vandalism, In a positive and constructive way. I'm sure that you 've ell been lo the
wall. If you haven't, I suggest going. II ls much better In person . You'll see colorful changes and scenery and
a wall that has not been vandalized by taggers for the past two months , because there Is a new-found respect
for the art that now brightens up the neighborhood . We need to embrace this idea and change the ordinance
that allows the muralists to use the wall In creative ways that fit the artists ' vision . I Agree that there should be
limitations on size , but true art should not be cut short by the size restrictions or Iha content. Allow murals to
be an exception from the sign code . Mural by definition Is a large picture, painted or fixed directly to a wall, or
ceiling . What do I consider murals? Murals can bathe size of a small cat...lo the entire building . A mural will
not Include company names or logos on ii, unless ii Is used for satire or okayed by the City, because ii is a
sign . The mural company ana,ar artists are allowed to Include their contact Information on about a 20 inch by
20 inch stencil size infonnation box . Signatures are excluded from that restriction . And Wayne , to answer
your question , what if an adult store dec ides lo put up a mural? They'll have to be very careful about what
they put up and they may want to sh y away from putting up Images of objectified men or women on the ir wall
or suffer the real sign ordinance violation. Overall , from the times these walls have been blessed with a
combination of paint and skills , they have received compliments that have heavily outweighed the complaints .
This mural would have gone unnoticed by the world and only known by the Individuals who came across ii and
experienced ii . We let three complaints lake this story in the wrong direction . Lei's gel ii back on track and •
show that we embrace all forms of art and not just the ones that we have been trained to enjoy. Thank you .
(c) Elaine Hults was not present to speak on the Art Shuttle and other matters .
7. Recognition of Unscheduled Public Comment
(a) Michael Allard , manager of Headed West , said I appreciate your time and tha t you are giving
me th e opportunity to speak for a minute or two. I'm here speaking on behalf of my boss, friend and owner of
Headed West , Michael Mahaney, who Is al home taking care of a larger problem right now than some paint on
the side of a building . His 15 month old daughter is sick . I would like to start off by saying that I love
Englewood and Its ethnic and age diversity . II is what has brought me and my girlfriend lo this wonderful area
of Metro Denver and can't wait for our own children lo grow up here , go lo public schools here and have the
advantages of a large metropolitan area ... that I did not have growing up In a small town in North Dakota .
When they do grow up though, I don't want them to see gang tagging up and down the streets, like I do
everyday driving In Englewood ... around the clly ... l want them to grow up and be respecttul, lhoughttul and
caring citizens and to apprec iate the finer things In life, such as beautiful jaw dropping art like the murals al
Headed West. Alice in Wonderland bridges the gap between grandparents and their grandchildren . II allows
them, only for a few minutes of thqlr day, to smile and see eye t~ eye and reflect on happy limes such as
enjoying a bowl of popcorn with each other while watching e child's movie . We 're not trying lo offend anybody
with our art . We're trying to beautify our building and stor, it from being tagged evory other week and II has
stopped . All we are ask ing Is that we can gel some clerY,y on the laws and ordinances, because they don't
make sense In our eyes . So City Council , we're ask ing you to help us keep our murals, for the hundreds of
Englewood residents , I've got them right hare , maybe even the thousands ... because not everybody signed
It. .. the Englewood residents that vouched and support our artistic expressions . Al Dave White of Englewood
Automotive said this Is getting blown ,,ay out of proportion and II ls getting a bit ridiculous. ti's just paint.
Thank you and please help us k11p our art . Thara was applause .
(b) Robin Munro, a Denver resident, said I am one of the artists who participated In the mural .
This Isn 't the only building that we have . We have dona many buildings throughout the whole State of
Colorado ... ail the way from Vall to downtown Denver, where we have an entire build ing wrapped, next to Iha
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Englewood City Council
M1y21, 2007
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Mel'CIJry Celi ... the Cro11road1 Theeter . Thia la something that we heve been working on for many
yeera ... trylng to educate youth and communities about graffiti awerena11 and prevention . Thia la e step
forward for ua ... hav lng a mural like this, where we had an event where we could reach out and show people
that something negat ive can be tumed around Into a positive aapect. .. and better our community and better our
youth . So basically, I am hara and I will be hara unlll lhla matter la reaolvad ... whather or not that I will have to
change my schedule or whatnot, this la something that I strongly believe In . That la all I have to say. Thank
you for your time . There was applause .
{c) Long Peng, an Englewood resident , said I h,·,e llved In Englewood for almost 10 yaera . I love
Englewood and I want to do someth ing for Englewood , so :hat Is why I em here . Actually, I am frum Chine ,
but I just wanted to come here and make some friends . And also , I would like to Introduce my friend, he Is
from Chine but he wanted to do the business In the Un ited States . That Is why I am here .
MayorWolosyn sa id thank you for com ing . There was applause .
{d) Luke Butzen, an Englewood resident , said I have lived in Englewood my whole life . I was
even born at Swedish ... bel ieve It or not. So for the past, aim ,Jst 17 years , I have lived here. lately, I have
seen the City embrace art more then I have ever seen them do . When I was young , I lived on dirt Platte Road
and I really didn't have a whole lot to do . I have seen tags everywhere. I know a few people who do them .
While they do vandalize things such as tra ins , rocks, steps , tunnels ... when I see stuff like what these guys did
over at Headed West , what I see is pure ~treat art . I mean , I actually see someth ing that makes me want to go
down there and practice my skills , so thal I can work with these guys or do something like these guys , so that I
can make actual art so that people can say , wow, that is actually something they did and you know , they are
not vandalizing anything . They ere not ou t destroying stu ff . And that is what I think, that if we do keep these
murals up , we will definitely show kids my age ... you kn ow what , we do embrace thal stuff here and we are
going to help . Thank you . There was applause .
{e) Annelle Vanasse, a Lilllelon res ident, said when my son called me and sa id, Mom you have to
go take pictures of Headed West because Englewood is go ing to make them ta ke down the murals . And when
I went over there, I was so amazed .. .it is beautiful artwork, beautitu i. I have two BFA's ... not that lhat mailers,
but I have an appreciation for art . I know that Englewood does too because look ... just step outside . The thing
that got me the most about the murals ... and we won't talk abou t the place that ii Is, because that doesn't have
anything to do with it, as far as I am concerned . What I see, as I drive down the slreet of Broadway in
Englewood ... l see a liquor store that has horses ... a bigger mural than their mural. If they have to take It down ,
than I th ink the li~uor store should have to take down theirs too . I have actually looked et some of the signs
that ere bigger than •he Code allows, they have to redo the irs then . And I know that you can't answer, bul is
that what you are saying? Normally, I could care lees about a lot of lhlngs , but this is something that really hits
my heart , because ii Is wrong to say , because of the subject melter or because of the complalnls, It should be
taken down . Well , what about the liquor store with the horses? It is also beautiful. Down the street there Is
another sign that Is big , that is a mural , it is a place for an auto ... l can 't remember what it Is celled, but there is
a yellow sign . So that Is my point . If you make them take II down , you have to make everybody else take it
down ... and this art Is good art . It Is a shame to cover it up . It really is . It Is vary beautiful. I guess maybe,
open your eyes and look at it in a different way, is my point. Thank you . There was applause .
{f) Ray Straka , a res ident of Bellingham , Washington, said I just arrived in Denver yestarday .
Today I was out on Broadway . I stopped for lunch and I was looking oul the window and here was lhls mural
of Bob Marley and Crazy Fingers and all of these contemporary American Icons . II was art . I sew art . I sew
no sales pitch , no advertising , no slgn ... l sew art . later my travels brought me Into Headed West, part ially
because I wanted to know who had done It end how end why ... end I was told about the Council meeting . I felt
so strongly about it that here I em speaking to you now . There Is no profit In this for me . But millions of times I
have pledged my allegiance to this Rap1 •~11c anci I have on more than one occasion held office where I took
oath to uphold and protect the Constltu '.lon . And I feel that to use soma legal manipulation to censor such art
would be a vary clear and dangerous , lolatlon of freedom of expression . I can see no good that comes from It
and the lmpllcetlons scare me . Enjoy th& art for what it Is. I walked around and I saw Luke the Evangelist on
the way up hare end that was paid for by :axpeyers ... end there are certain religious overtones . If I was
Muslim, would I be able to make e comp1,,1nt, make the City take it down? I think to value It ~s anything less
Englewood City Council
May 21, 2007
Pagee
than Iha exprn ■lon of Joy and IWe l1at It ls , 11 to discredit the spirit In which 11 was made . It brought Joy to my
heart to 181 It. Thank you . 1here wea applause .
8. Communication■, ProclImItlon1 ind AppolntmIntI
(a) A letter from Pamala Sampson announcing her resignation from the Keep Englewood
BeautWul Commission was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION
OF PAMALA SAMPSON FROM THE KEEP ENGLEWOOD BEAUTtFUt. COMMISSION.
Motion carried .
Ayes : Council Members Barrentine , McCaslln , Moore, Wolosyn, Woodward ,
Tomasso , Oakley
Nays: None
Mayor Wolosyn sa id I wish Pamala well in Houston .
(b) A proclamation supporting tha 30th Annual Rocky Mountain Senior Games Week, which will be
held in Greeley, Colorado June 3 through 10, 2007 was cons idered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
SUPPORTING THE 30'" ANNUAL ROCKY MOUNTAIN SENIOR GAMES WEEK, WHICH WILL BE HELD
IN GREELEY, COLORADO JUNE 3 THROUGH 10, 2007 .
Motion carried.
Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays: None
(c) A proclamation supporting Global Days for Darfur was cons idered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION
SUPPORTING GLOBAL DAYS FOR DARFUR .
Motion carried .
Ayes: Council Members Barrent ine, Mccaslin , Moore, Wolosyn , Woodward,
Tomasso, Oakley
Nays: None
9. Con ■ant Agenda
(a) Approval of Ordinances on First Reading
There were no addit ional Items subm itted for approval on second reading . (See Agenda Item 11 .)
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I), (It), (Ill), (Iv), (v), (vi) and 9 (c) (I), (11).
(b) Approval of Ordinances on Second Read ing
(I) ORDINANCE NO . 26, SERIES 0F 2007 (COUNCIL BILL NO . 24, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
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AN ORDINANCE AUTHOR IZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR •
AGREEMENT REGARDING FEES .
(II) ORDINANCE NO . 27 , SERIES OF 2007 (COUNCIL BILL NO . 28, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
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Englewood City Councll
May 21 , 2007
Page7
AN ORDINANCE APPROVING AND AUTHORIZI NG THE EXECUTION OF THE THREE
INTERGOVERNMENTAL SUBGRANTEE AGREr !ENTS (COBO) FOR THE YEAR 2007 BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSION.::RS AND THE CITY OF ENGLEWOOD , COLORADO .
(Ill ) ORDINANCE NO . 28 . SERIES OF 2007 (COUNCIL BILL NO . 29. INTRODIJCED BY
COUNCIL MEMBER TOMASSO)
AN ORD INANCE AUTHORIZING AN INTERGOV ',RNMENTAL AGREEMENT BETWEEN ARAPAHOE
COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF
ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF
SOUTH ZUNI , ENGLEWOOD, COLORADO .
(iv) ORDINANCE NO . 29. SERIES OF 2007 (COUNCIL BILL NO . 32 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID /AUTOMATIC AID AGREEMENT BETWEEN SOUTH METRO FIRE RESCUE AND THE CITY OF
ENGLEWOOD , COLORADO .
(v) ORDINANCE NO. 30, SERIES OF 2007 (COUN CIL BILL NO . 33 , INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (I GA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF LITTLETON , COLORADO AND THE CITY OF
ENGLEWOOD , COLORADO .
(vi) ORDINANCE NO . 31 , SERIES OF 2007 (COUNCIL BILL NO . 34, INTRODUCED BY
COUNCIL MEMBER WOODWARD)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID /AUTOMAT IC AID AGREEMENT BETWEEN THE CITY OF SHERIDAN AND THE CITY OF
ENGLEWOOD , COLORADO .
(c) Resolutions and Motions
(i) RESOLUTION NO . 47 , SERIES OF 2007
A RESOLUTION AUTHOR IZING THE ENGLEWOOD PUBLIC LIBRARY TO IMP LEMENT THE "SUMMER
FOOD FOR FINES " PROGRAM FROM TUESDAY, MAY 29th THROUGH SUNDAY . JUNE 10, 2007 .
(ii ) Motion to approve a se rvi ces agreement between Affinity Telecom . Inc. of Boulder,
Colorado and the City of Englewood lo ; the prov ision of local and long distance serv ices fo r select City
telecommunication circu its.
Vote rHults:
Motion carried.
Ayes : Council Members Barrentine. Mccaslin , Moore . Wolosyn , Woodward,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said I would like to point out that under Consent Agenda we approved this years Food for
Fines Program In the Library wh ich Is always a very good program . I appreciate that the Library does that.
10. Publlc H1 ■rlng lt1m1
Englewood City Council
May 21, 2007
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No public hearing was scheduled before Council .
11 . OrdlnancH, Reaolutlon and Motlona
(a) Approval of Ordinances on First Reading
(I) Economic Development Coordinator Hollingsworth presented a recommendation from
the Community Development Department to adopt a bill for an ordinance approving the proposed amendment
to 16-6-13.E.17 of the Englewood Municipal Code allowing City approved districts to install banners on South
Broadway streelllghls . Staff also requests that Council schedule a Public Hearing on June 4, 2007 to take
public comment on Iha proposed amendment. He said , currently , Iha UDC allows the City to be able to Install
banners pursuant to the South Broadway Action Plan . However , the UDC does not currently allow other
business dlslrlcls to install banners on light poles In Iha public right-of-way. As a result, the sign code would
need to be modified to allow the South Broadway Englewood Business Improvement District to Install District
Identification banners . To this end , the Planning and Zoning Commission held a Public Hearing on April 17'"
and discussed this matter and recommended to the City Council that the sign code be modified to allow City
approved districts to install banners on the street light poles in the South Broadway District pursuant io a City
license agreement. Staff requests that City Council approve the attached bill for an ordinance and set the
Pub ,lc Hearing date for June 4'" and take public comment on tha proposed amendment.
M'.yorWolosyn asked ii anyone had any questions for Mr . Holllng ,1worth . There were none .
COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECO:~DED, TO APPROVE AGENDA ITEM 11 (a)
(I) -COUNCIL BILL NO . 35 AND TO SCHEDULE A PUBLIC hEARING ON JUNE 4, 2007 TOT AKE
PUBLIC COMMENT ON THE PROPOSED AMENDMENT .
COUNCIL BILL NO . 35, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 13, SUBSECTION E (17), OF
THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE SOUTH BROADWAY DISTRICT
IDENTIFICATION BANNERS .
Vote re ■ults:
Motion carried .
Ayes : Council Members Barrent ine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said thank you Darren .
(ii) Senior ?lanner Graham presented a recommendation from the Community
Development Department to adopt a bill for an ord inance authorizing an Intergovernmental Grant Agreement
between Arapahoe County and the City of Englewood for the purpose of purchas ing the Oxbow property in
Lillleto ,, and Englewood for open space, recreation, wildlife habitat , and water quality uses . He said we are
coming closer to acquiring the Oxbow propert•:. Th is was before you al Study Session a few weeks ago .
Council approved an additional $125 ,000 .00 ,Jwards this purchase . The City of Littleton approved
$109 ,500 .00 last week al the ir Council meeting . The Arapahoe County Open Space and Trails Board is
meeting this even ing to cons ider bridg ing the gap funding and the South Suburban Parks and Recreation
District wlll be meeting Wednesday, lhey are also considering a motion to approve funding , which would
completely fund the purchase of this open space . So , we are asking you tonight to approve a bill for an
ordinance to enter Into an agreement with Arapahoe County to accept the $250 ,000 .00 Open Space Grant that
they authorized in 2006 .
Mayor Wolosyn asked ii there were any questions for Mark . There were none .
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Englewood City Council
May 21, 2007
Pagel
COUNCIL MEMBER WOODWARD MOVED, AND IT WM SECONDED, TO APPROVE AGENliA ITEM 11
(■) (II) • COUNCIL BILL NO. 38.
COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER WOODWARD
'< BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY
OPEN SPACE PROGRAM FUNDS PROJECT NAME : SOUTH PLATTE RIVER OXBOW
HABITAT/WETLANDS", BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE BOARD OF
COUNTY COMMISSIONERS OF ARAPAHOE COUNTY , STATE OF COLORADO .
Vote results :
Moti on carried .
Ayes: Council Members Barrentine , McCaslln, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Na ys: None
Ma yor Wolosyn sa id than k you Mark, well done.
(iii) Director Gryglewicz presented a recommendation from the Finance and
Adm inistrative Services Departmenl to adopt a bill for an ordinance deleting Tille 6, Chapter 1, Section 8,
Smoking, as State Statutes have been enacted that supersede current Code provisions . He said this bill i or
an ordinance deletes the language in Tille o, Chapter 1, Section 8 regard ing smoking as House BIii 06-1175,
known as the Colorado Clean Indoor Air Act, which was effective July 1" of 2006, effectively superseded the
language that is in the current Code . Th is is basicall y just a clean-up measure .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(a) (Ill)· COUNCIL BILL NO. 37.
COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE REPEALING TITLE 6, CHAPTER 1, SECTION 8, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , PERTAINING TO SMOKING .
Vote reaults :
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Woodward ,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said thank you Fran k.
(b) Approval of Ordinances on Second Read ing
(i) Council BIii No . 25, approvi ng Amendment No. 6 to the Swedish Medical Cent er
Planned Development was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(b) (I)· ORDINANCE NO. 32, SERIES OF 2007.
ORDINANCE liO. 32 , SERIES OF 2007 (COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE SWEDISH MEDICAL CENTER PLANNED DEVELOPMENT
AMENDMENT NO . 6.
Englewood City Council
May~1. 2007
Paga 10
Vote reaulta:
Molton carried .
Ayes :
Nays:
Council Members Barrentine, McCaslln, Moore, Wolosyn , Woodward,
Tomasso, Oakley
t :ona
(II) Council Bill No . 30, declaring the 960 acre farmland parcel In Arapahoe County as
City of Englewood surplus and authorizing Iha sale of this property was considered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)
(II) • ORDINANCE NO. 33, SERIES OF 2007 .
ORDINANCE NO . 33, SERIES OF 2007 (COUNCIL BILL NO . 30 , INTRODUCED BY COUNCIL MEMBER
TOMASSO)
AN ORDINANCE DECLARING THE 960 ACRE FARMLAND PARCEL IN ARAPAHOE COUNTY AS CITY OF
ENGLEWOOD SURPLUS AND AUTHORIZING THE SALE OF THIS PROPERTY .
Vote re ■ult ■:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn , Woodward,
Tomasso , Oakley
Nays : None
(ii i) Council Bill No . 31 , approving the refunding of the Multifamily Housing Revenue
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Refunding Bonds (Marks Apartments) Series of 1996 by is suing Variable Rate Demand Mullifamily Hous ing •
Revenue Refunding Bonds (Marks West Apartments) Series of 2007 was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(b) (Ill) • ORDINANCE NO . 34, SERIES OF 2007.
ORDINANCE NO . 34 , SERIES OF 2C07 (COUNCIL BILL NO . 31 , INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED
$11 ,200,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS
(MARKS WEST APARTMENTS) SERIES 2007 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE
PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD ,
COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APARTMENTS
PROJECT) SERIES 1996; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE, A
FINANCING AGREEMENT , PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN
AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS
MD THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE
BONDS ; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE
BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS ; AND REPEALING
ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH .
Vote rHulta:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward,
Tomasso, Oakley
Nays : None
(c) Resolullons end Motions •
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Englewood Clfy Council
May 21, 2007
P1g111
(I) Director Gryglewlcz presentod a recommendallon from Finance and Administrative
Services Department lo approve a resolullon transferring funds In lhe Open Space Fund from the Mary Carter
Greenway/Buffer Project to the Oxbow Property Purchase Project. He said this fonnallzes the transfer of the
$125,000.00, which currenlly Is In the Mary Carter Greenway/Buffer Project and It Is going to move it to lhe
Oxbow Property Purchase Project. That daal Is currenlly being put together and th is Is partia' funding for lhat.
Mayor Wolosyn asked if there were any questions . There were none .
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(c) (I) • RESOLUTION NO . 48, SERIES OF 2007 .
RESOLUTION NO . 48 , SERIES OF 2007
A RESOLUTION TRANSFERRING FUNDS IN THE OPEN SPAC I: FUND FROM THE MARY CARTER
GREENWAY/BUFFER PROJECT TO THE OXBOW PROPERTY PURCHASE PROJECT.
Vote results:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin. Moore, Wolosyn , Woodward ,
Tomasso. Oakley
Nays : None
Mayor Wolosyn said thank you Frank .
(ii) Economic Devel opment Coordinator Holli ngs worth presented a recommendation from
the Commun ity Development Department to approve a mot ion establishing June 16, 2007 and September 8,
2007 as the dales for this yea, 's citywide pub lic sidewalk events. He sa id before r.ouncil this evening is a
motion that would establish two dates for lhe Citywide sidewa lk event, which would take place, if ap~roved, on
June 16'" and September 8'", which is the Englewood Days and Taste of Englewood . This discussion hos
taken place wilh members of the Chamber of Commerce , lhe Alliance for Commerce in Engle wood and the
Old Town Merchants Asscciation and mel wilh support . Thank you .
Mayor Wolosyn asked if there were any questions . There were none .
COUNCIL MEMBER TOMASSO MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(II)· ESTABLISHING JUNE 16, 2007 ANO SEPTEMBER P, 2007 AS THE OATES FOR THIS YEAR'S
CITYWIDE PUBLIC SIDEWALK EVENTS .
Motion carried .
Ayes: Counc il Members Barrenllna , Mccaslin, Moore, Wolosyn, Woodward,
Tomasso, Oakley
Nays : None
(iii) Econom ic De ve lopment Coord inator Hollings worth pr ese nted a recommendation from
lhe Commun ity Development Department to approve, by motion, a Grant Agreement to Micro Business
Development for a Micro Loan and Gua rantee Pool. He said at the March 19'" Study Session, Cily Counci l
heard a proposal from Kersten Hostetler , of Micro Bus iness De vel opment , to receive a grant for $218,365.00
to support entrepreneurial development in Englewood . Eng lewoo d is attractive for many startup and small
bus iness es , because of our central locallon and cost effecliva space. The potenllal grant funding would allow
MBD to pr~vide numerous services to support Englewood small businesses . Englewood services Include
bus iness assessments , Individual bus in ess consulting, business workshop s, business referrals and small
business loans . It Is Important for Council to consider that this Is not a lime senslllve matter. However , steff Is
presenllng this ordinance for Council cons lderallon this evening an 1J I am available to answer any quesllons .
Thank you .
Mayor Wolosyn asked if there were any quesllons or discussion .
Englewood City Cou"cll
May 21, 2007
Page 12
Council Member Woodward said I would just like to mention that although I am In support of this, I would like
to consider tabll 11g It until there la I new Director In place In the Community Development Department...10 that
la the propoael I would like to throw out on the table .
Mayor Woloayn Hid I would add that I am In favor of that al this point. Bui I think II should be made clear to
the new Director that this la not a General Fund line Item . Thia la a special revolving loan fund that 11 meant to
gel money Into the community lo generate activity . And that la one of our goals, 10 I hope that whoever that
porson Is considers this . And also, this doesn'I have to be the entire amount.
Council Member Barrentine seld Darren , Is there anybody who would be affected by us not moving forward by
this? Is there any program that you have? Mr. Hollingsworth said tabling this would not have an affect on any
Community Development programs al this time .
COUNCIL MEMBER WOODWARD MOVED TO TABLE AGENDA ITEM 11 (c) (Ill)• A GRANT
AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICll':l LOAN AND GUARANTEE POOL,
UNTIL A NEW COMMUNITY DEVELOPMENT DIRECTOR IS IN PLACE .
Mayor Wolosyn asked If there was a sa,;ond . There was none .
The motion died for lack of• ucond.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c)
(Ill) • A GRANT AGREEMENT TO MICRO BUSINESS DEVELOPMENT FOR A MICRO LOAN AND
GUARANTEE POOL.
Mayor Wolosyn said I am going lo vole for II, becaust I would not want ii to just be dismissed .
Vote ra ■ulta:
Motion carried .
Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward,
Tomasso, Oakley
Nays: None
Mayor Wolosyn said thank you Darren .
12 . General Dlacuulon
(a) Mayor's Choice
(i) Mayor Wolosyn said we did have our preliminary budget retreat on Saturday 3nd
those who were here know that we have a lot of wor~ ahead of us . i '~Ink the snow storm definitely lo.>k a toll
on our budget, as well as relatively flat sales tax . One of our duties as Council, Is lo deliver this City to future
generations as a strong place that continues to be full service . We have a big job In front of us. On July 23'"
we are going to have a spacial meeting where we just look at our macro approach to the budget and see what
we can come up with before we go Into Iha more detailed work of making a budget , that Is usual!~ approved in
November.
(b) Council Members' Choice
(i) Council Member Barrentine :
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1. She Hid I want to thank the two young le,dles for their presentation about their trip to Washington . I •
hope you do realize that we have junior voting eiscUon judges here In Colorado as well ... maybe you will
partlclpata In thol. And I hope that soon you ml~hl come lo us with some suggestions on youth .. .lhe same
kind of genre that Wyoming did . Maybe some Ideas for the City or the Slate that you guya might have lo bring
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Englewood City Council
May 21, 2007
Page 13
forward ... put a little of Iha! knowledge lo use for this community. So thank you very much, II was a very nice
presenlellon .
2. She said I had an opportunity, after Iha lnltlal complaint was made on Headed Weal, lo go and see the
wall. I had already seen pert oflhe mural, I had seen one wail ... bul I went over there and talked lo Iha owner .
I'm sorry lo hear Iha! his daughter Is Ill and sorry Iha! he wasn't here tonight. I wanted lo find out why he
originally put that mural up and it wasn't lo cause tha stir that II ended up causing . However, II was a business
decision lo combat graffiti. II was a suggestion that was made lo him from an outside company . He had a
company Iha! was do ing graffiti removal for him . I saw the bills . I saw the fence . I sew the remnants of the
multiple laggings that had bean done both on his building and on that fence and understood that he went with
the mural , as an innovative and creative way lo address a serious problem and also keep In line with cur new
ord inance wh ich Is Iha! any graffiti must be removed within three days . And he has done an excellent job of
maintaining Iha!. .. both for the community and his own self Interest In that business . A couple of weeks ego we
had en opportunity , when he was able lo come here and ask a few questions about Iha sign . I asked Tricia
Langon of our Community Development Department, how the City defines a sign and she said that they define
a sign by anything Iha! allracls allenllon lo a building . I asked al that time if there was any color restriction on
a building or pallern restriction and she said no . So later, Iha next day I think ii was , when I read in the Denver
Post article that Iha irony that a mural could be taken down ... whal I truly believe is very artislic ... was very well
done . I don 't like all of Iha art around . I don 'l ilke all Iha art in Iha Louvre ... of course, I was only 15 al Iha lime
but I didn 't like all of ii. II is a subjective thing, I understand . Bui I did look up the Federal definition of art and
these murals are cons idered under our Federal definilion ... under the Visual Art ist's Rights Act that was signed
by Clinlon ... il is considered art in my opinlon .. .looking al Iha!. The next day in the Post, he said he could lake
Iha! down and put up yellow with polka dots and Iha! that would be legal. And according lo Iha answers he
received Iha night before, he was accurate ... Iha! would be . I think she accurately dep icted that our sign laws
are vague and that there is a lot of subjectivity in th ere . If that is Iha case , then ii is very difflcull lo put the
onus on business owners lo try and wade through Iha! process lo decide what is a sign and what Is not. I am
not surprised Iha! he didn 't gel a permit. I am not surprised Iha! he didn't think ii was a sign . There are
several lhlngs ... lhe VARA Act, Iha vagueness of our sign law .. Iha! I would like , if ii is possible, lo not continue
through the Code Enforcement piece of this, but lo table him gelling a summons or slop him from gelling the
summons portion of ii, which would push ii into the court system and would then be up lo our Municipal Judge
Vince Atencio lo decide whether our sign law is vague or whether lo enforce Iha!. And Iha! would push ii into
court system and lake II out of our hands . I would like that lo not happen .. .for us lo lake an opportunity lo
work together with the community that has come forward, look al our sign law that is, admilledly by our own
department , vague and try lo lake some proactive action and try lo work together on this . She said and Iha! is
the motion that I am making.
City Allomey Brotzman said I believe the summons complaint was actually issued today so you can 't slop Iha
enforcement on that. Ms . Barrentine said was the summons issued today? (Clerk's note : There was a
response from the audience Ind icating the summons had been issued today .)
City Allorney Brotzman said you may request a moratorium on enforcing the sign code , if you would like . Ms .
Barrentine said okay, I didn 't know and I apologize.
COUNCIL MEMBER BARRENTINE MOVED TO PUT A MORATORIUM ON ENFORCING THE SIGN CODE .
Council Member Barrentine said I want lo put a moratorium on II In order lo address the vagueness of the sign
law, address what the Federal definition Is of art, which includes murals , so Iha! we can have a discussion In
Council on this and put a moratorium on this process .
Mayor Wolosyn asked if there was a second . There was none .
THF. MOTION DIED FOR LACK OF A SECOND .
Mayor Wolosyn said I will add Iha! Iha! Is such a broad request and has such a broad Impact on the
commun ity that I could not support that. Ms . Barrentine sa id what piece of Iha! was broad? Ms . Wolosyn said
lo put a moratorium on an entire creative sign law al this time . II would have been .... Ms. Barrentine said I
Englewood City Council
May 21, 2007
Page 14
thought It was putting a moratorium on this partlcular ..... City Attorney Brotzman said you can narrow ii to this
particular sactlon If you would like .
COUNCIL MEMBER BARRENTINE MOVED TO NARROW THE MORATORIUM TO THIS PARTICULAR
SECTION, WHICH WOULD BE, SPECIFICALLY, THE DISTINCTION BETWEEN MURALS AND MAKING
THEM PART OF THE SIGN LAW.
Council Member Barrentine said I think it would be In Council 's best Interest to get Information on the Federal
law, address the vagueness of our sign law, in this area, as was already admitted to by our department and
our staff and al least put a moratorium on it , until we can get a chance to get together to discuss that.
Council Member Toma•so said would this moratorium just allow people to put up murals randomly , since there
was a moratorium on the sign code?
City Attorney Brotzman said as for murals , since you are not enforcing , they can put up murals . Mr . Tomasso
said any size, any place? Mr. Brotzman said that would be correct.
Council Member Barrentine sa id can I get some clarification on the summons then? When they got that
summons, do they have to take that down today , because they got the summons?
City Attorney Brotzman said they are actually in violation as of the date of the citation. Ms . Barrentine said so
what happens then is they get a summons , now ii goes through the court process and they gel to make an
argument in court on why they think that they should be able lo have that up? Mr . Brotzman said correct. Ms .
Barrentine said until that lime, then they can keep that up . Mr. Brotzman said they would be in violation each
day, but yes . Ms . Barrentine said and in being in violation each day, it does what? Mr. Brotzman said the
answer Is they could be cited for each . They haven't been cited for each day, they have been cited for a
specific day but they could be cited for each day that they are currently in violation . Ms. Barrentine said and
then the dec ision ends up being made by Council or by Judge Atencio? Mr. Brotzman said by the Municipal
Court Judge ... Judge Atencio . Ms . Barrentine said okay .
Mayor Wolosyn asked if there was anything else .
Council Member Barrentine said so presently, it doesn't stop this mural until the decision is made by the
Judge . Mr. Brotzman said correct and the ownership has been informed of several other appeais ... one to the
Board of Adjustment and Appeals and there are actually two appeals lo Planning and Zoning ... that they can
still take . Ms . Barrentine said would an appeal to the Board of Adjustment and Appeals have any affect
whatsoever on the summons Iha \ •~ey were served today ? Mr . Brotzman said the answer is ... timing wise , we
will work through the court process, they can have their appeal done prior to going to trial, if they so choose .
That is their choice, If they want to appeal the matter or to request a varl a .,~ Ms . Barrentine said If the
appeal wasn't until after Judge Atenc io made his decision, what affect wc 1;1d fnat have on tha\7 Mr. Brotzman
said then he would simply enforce the current sign code . He would make ,1 ,<,dgmenl on our curront sign code
and then if he found them in violation, he would then sentence them under oJr current sign code . Ms .
Barrentine said if he finds that they are in violation? Mr . Brotzman said correct.
(II) Council Member Mccaslin :
1. He said I would like to thank Code Enforcement. .. Sam Watson , Gary Condreay and Marj ie
Payne ... talking about the new tracking system for Code Enforcement. They did a very nice job . I apprecialed
that the other night and I would to thank them publicly .
2. He said also somebody picked up half of my package, because I have the CML Conference request,
but Jim Is going to take care of that. So If someone finds some extra stuff around , would you let me know?
3. He said ... you guys , I appreciate you coming to Council and talking . You are very eloquent as far as
talking . I had a couple of questions though . One of you sairl .. .I believe In the size restrictions, but not in some
murals . I guess If I am going to put something up In the City, whether ii is in my house ... llke build a garage or
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Englewood City Council
May 21 , 2007
P1g115
1omethlng .. .l em going to have to go and get a perm it and see what Is right In the City. And I am not saying
you did anything wrong , but whet I am just &1k lng you Is why didn 't you check In with the City to be sure it Is
okay to put II up . He 1eld aomeone said I would like a clarlflcatlon on Iha ordinances, well If you had a
question on the 1lgn1, why dldn 'I you go to someone and say I need a clarlflcatlon ... ls th is go ing to be good
enough ... and those are my only questions. You don't need to respond . II is Just someth ing I need some more
Information to understand why that process wasn 't taken care of . He sa id thank you . Those are Just some of
the questions I need answered . Thank you .
(ill) Counc il Member Woodward :
1. He n ld I wanted to acknowledge the celebration for the Citizen of the Year ... Nency Pet erson . I
thought that was a huge success ,with a large crowd that reall y apprec iated the th ings that Nancy , as our
Commun ity Relations Officar ... dld for the City .
2. He sa id I wanted to mention the Sounds of Summer lineup is out and I saw two items on that , that ki nd
of excited me . That starts In mid June .
3. He said I want to complim ent the Englewood Lions, and as one ... just ment ion ing that they are doing a
fund ra iser , that is a pretty small fund ra iser for them . They are offer ing bus inesses to have flags put up on
Broadway, and In the future , in other places, for a suggested donation of $35.00 per year on 7 different
holidays throug hout the year . The Lions will hang the bracket , purchase the flag , nut the flag up prior to 7
o'clock in the morn ing on the holidays , taka it down that avan ing at dusk and do Iha. for a year . I would love to
see flags on those Nat ional Holi days , so , my compliments to the Lions Club and to Mi ke Flaherty for his help .
4. He sa id I wanted to mcnt ion ... some of the comments ... and I had some of the same questions that
Bob had as to ... one , why wasn't , as bus iness owners of both Headed West and I belie ve of the artists ... I don 't
know if you are a company , a sign compan y or wha t. .. bu t I would th ink you would be informed as to codes in
different cities , signs and wou ld certa inly check with the City regardin g tha t. I know that the owner of Headed
West was scheduled as a scheduled speaker here at one point earlier in the year and didn 't show up . (Clerk 's
note : A correction was made at the June 4, 2007 Counc il Meet ing , the owner of Headed West was never
scheduled to speak .) Council Member Woodward sa id I don 't know if tha t was what he wa s calling about or
not. Also, at the Code Enforcement Adv isory Comm ittee meeting , of which I am a liaison, we had a
presentation last week showi ng us how they document stuff from their trucks and on the computers . I as ked
them to bring up Headed West in the compla ints or the tagg ing incidents . There were two . Both of those
inc idences we re reported by Cod e Enforcement ... one on the back fence, wh ich was in May and the other one ,
I bel ieve , was in Dec ember . So , as I am sure you are aware , If you are graffiti art ists anrl know tagg ing and
that sort of thi ng, wh at Safety Services , what Code Enforcement , what the police do ... i .,en there is a
tagg ing Inc ident , they come down and take pictures of them so that they can match the,., up . Englewood is
working with numerous commun ities on the tagging issues and there Is a task force to match tags . So , I don 't
know why those calls haven 't happened . With regard to ... l bel ieve It was Annette 's men ti on ing of the Liquor
Barn 's mural there, that pre -dates the Code and therefore it would be grandfathered in . It would be much li ke
the electrical system or something else with in your house . If new codes were adopted, you wou ld have to
update everyth ing as you remodel or change you do update those th ings . The UDC , the Unified Development
Code , was passed in 2004. It went through a Publ ic Hearing , ii went to Planning and Zon ing and it passed
City Counc il 7-0 . There are , I bel ieve , th ree members of this Council that was on that Council that passed it
and now , someth ing like that , something that large, over lime , is flne tuned . We know there are problems with
the sign code . We have been discussing them go ing back to eart ler in the year and I th ink that Is scheduled . I
th ink the graffiti mural, the mural Itself or mural art Is someth ing that does need to be add ressed . II is
something that will be addressed , I em sure, with what has happened now . However, it doesn't stop what Is
going on and what has happened, from happening right now. Why In the past two weeks certs ,, things
haven 't happened from Headed West, I don't know . II has all seemed to have bee , done through the press
and It all seemed to, from my point of view and from what I have seen , turned into th ings about everything
bHl...what Is the law and what is the sign code .
5. He said Bob and I want to go to the CML Conference up at Snowmass In late June. We do have
funds In the tra ining budget for Council . We have approx imately $1 ,800 .00 , currently . The funds for that
Englewood City Council
M ■y21, 2007
Ptgt 18
registration each Is $165 .00 . We do not have any funds In the travel budget or meal budget and Bob and I
both would be looking at paying for that out of pocket or out of discretionary funds that we have . So, we are
asking for approval of $165 .00 each for the registration fees for the CML Conference In Snowmass .
COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE THE $165.00
REGISTRATION FEE FOR COUNCIL MEMBERS WOODWARD AND MCCASLIN FOR THE CML
CONFERENCE IN SNOWMASS IN JUNE .
Mayor Wolosyn asked if there was any disc uss ion . There was none .
Vote re1ult■:
Motion carried .
Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward,
Tomasso , Oakley
Nays : None
Mayor Wolosyn said thank you .
Council Member Barrentine said I do have to address an iss ue with the owner not being here, because that is
to his character. He said he did this in order to address the graffiti problem that he had . There is nothing in
our Code that says the police have to be notified every single time you get tagged . What the ordinance says
that you have three days to remove ii.. .not that you are supposed lo have the police come and take pictures of
ii or discus s ii with Code Enforcement first. Let's fnao it, the only times that I ever sped , was the two limes that
I QOl a ticket. .. ii was the only limes they caught me. Thal is narve , at best , to believe that Code Enforcement
addressed ii every time that ii happened . If you don 't want something handled in th e press, the best way that I
found, at least , as a suggestion ... is why I we nt down to them and talked lo them in person . That is why I went
to the building, that is why I looked at the fence and looked at his bills and the problem he is having. It was to
try to get a sense of what a business owner in our community was trying to battle . And , I wanted lo address
that. I believe that he did have a graffit i problem and I don't think we can expect that Code Enforcement
knows about every single Incident that happens .
Council Member Woodward said and I certainly didn't say that. Wha l I said was , the complaint was made,
which thsy are obviously n~t required lo do , but ii helps take care of the crime .
13 . City Manager's Report
City Manager Sears did not ha ve any mailers to br ing before Council.
14 . City Attorney's Report
City Attorney e,otzman did not have any mail ers lo bring before Council.
15. Adjournment
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