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HomeMy WebLinkAbout2007-06-04 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Se11lon June 4, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:39 p.m. 2. Invocation The Invocation was given by Council Member Barrentine . 3. Pledge of All1gl1nc1 The Pledge of Allegiance was led by Mayor Wolosyn . 4. Roll Call Present: Absent: A quorum was present. Council Members Tomasso, Moore , Barrentine, Oakley , Mccaslin , Woodward , Wolosyn None Also present: City Manager Sears City Allomey Brotzman Deputy City Manager Flaharty City Clerk Ellis Deputy City Clark Bush Director Gryglewicz , Finance and Admin istrative Services Director Kahm , Public Works Director Black , Parks and Recreation Economic Development Coordinator Hollingsworth , Commun ity Dav~lopmant Police Div ision Ch ief/Deputy Director \'andermee , Safety Servict, Victim & Witness Services Coordinator MtDonnail , Safely Servic.,. Manager Stilt , Community Development Executive Assistant Fanton , Community Development 5. Con1ld1r1tlon of Mlnut11 of Provlou1 S111ion (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 21, 2007 , Mayor Wolosyn asked If there was any discussion . Council Member Barrentine amended the minutes in 3 areas: on page 13 , item 2, line 2 "the .,.well." amended to read "the well"; and page 14, 2"' paragraph , to be shown as a motion in caps & bold "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'; and page 15 (iii) (4), lines 4, 5 & 6, a correction wos made that the owner of Headed West was never scheduled to speak to Council. At the Council meeting of February 20"', ii was a cHizen scheduled to speak, ii wos not the owner. Council Member Woodward acknowledged that that was Incorrect . Englewood City Council June 4, 2007 P1g12 City Clerk Ellis noted the motion to narrow the moratorium did not die for lack of a second, as there was no call for a vote . Council Member Barrentine said Olga just looked at everybody and figured out they wera not going to second It. Nobody said anything . Vote rHulta: Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried and the minutes were approved as amended . 6. Recognition of Scheduled Public Comment Thrre were no scheduled visitors . 7. Recognition of Unscheduled Public Comment (a) John (Jack) Re id, an Englewood resident , said these are comments mainly derived from neighbors, and fellow, moming coffee cup drinkers, based on the headlines that w ere in the Englewood Herald abovt Englewood being nearly ban krupt. There "ere suggestions about what happened to th is or couldn 't we cut back on this, to alleviate a mill levy. And these are my comments or comments that were given to me . By the way, I asked them, why don 't you tell your councilman ... and I don 't know who it is , so I am representing some unknown Englewood representatives . The first item was Lowe's that was recently completed off of Bellevlew ... the understanding, of one of them, was that this was part ia lly in Englewood and we would derive Englewood sales tax from this, but that had been moved . The second comment was on the dump that Englewood deposit ed refuge in. just west of Santa Fe where the new shopping center is going in ... that we paid • something like $200,000 .00 for something that we didn't do or that was taken care of. The third one was the • City Manager is asking for an assistant...this would be an additional thing . And the comment that I have, this would be the art bus that travels around the City picking up passengers and so on . I go to the gym about five days a week on old Hampden and the most that I have ever seen, either boarding or getting off this bus and this was only one occasion , and this was four people. Most r,f the 1;me I see nobody gettin g off or only one person . Those are my comments . Thank you . Mayor Wolosyn said thank you . 8. Communications, Proclamations and Appointments (a) A letter from Stefanie Mosteller submitting her resigna tion from the Planning and Zoning Comm iss ion was considered . COUNCIL MEMBER WOODWARD MOVl:0, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF STEFANIE MOSTELI.ER FROM THE PLANNING AND ZONING COMMISSION. Mayor Wolosyn said I also express regrets . Vote results : Motion carried . (b) considered . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None A letter from Amy Laugesen submitting her resignation from the Cultural Arte Commission was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO AC;;EPT, WITH REGRET, THE RESIGNATION OF AMY LAUGESEN FROM THE CULTURAL ARTS COMMISSION . • • • • Englewood City Council June4,2007 Pege 3 Council Member Toma110 H id I accept her res ignation with sadness , as th is Is a great loss of a very able person that contributed a great deal to the City . Mayor Wolosyn said Amy will still be around to contribute, but she just can 't make the meeti ngs . Vote result■: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 9. Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (1) (I) and 9 (b) (I) AND I WOULD LIKE TO REMOVE 9 (c) (I), (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 38 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT . (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . 35, SERIES OF 2007 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE REPEALING TITLE 6, CHAPTER 1, SECTION B, OF THE ENGL ~WOOD MUNICIPAL CODE 2000 , PERTAINING TO SMOKING . (c) Resolutions and Motions (i) Motion awarding a contract with CRW Roofing Company for repairs to the Servicenter roof in the amount of $63,357 .00 WAS REMOVED FROM THE AGENDA Vote results : Mot ion carried . Ayes : Council Members Barrentine , McCa sl;,,, Moore, Wolosyn, Woodward, Tomasso , Oakley Nays: None City Clerk Ellis said are you going to address Agenda Item 9 (c) (I) tonight? Mayor Wolosyn said no , we aren 't go ing to vote on it, because Rick, In the Study Session , explained to us that there are some things that have to be resolved . City Attorney Brotzman said It will come hack at the next meeting . 10 . Public He ■rtng Item■ (a) Mayor Wolocyn said this Is a Public Hearing to gather Input on Council BIii No 35 , approving the proposed amendment to Title 16, Chapter 6, Section 13 .E.17 of the Englewood Municipal ,;ode allowing City approved distr icts to Install banners on South Broadway stree',tlghts . Englewood City Council June 4, 2007 Pege4 COUNCIL MEMBER TOMASSO MOVEO, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 35, APPROVING THE PROPOSED AMENDMENT TO TITLE 18, CHAPTER e, SECTION 13.E.17 OF THE ENGLEWOOD MUNICIPAL CODE ALLOWING CITY APPROVED DISTRICTS TO INSTALL BANNERS ON SOUTH BROADWAY STREETLIGHTS. Ayes: Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward , Tomasso, Oakley Neys : No ne Motion carried and the public hearing opened . Economic Development Coordinator Hollingsworth , being duly sworn , said that the Proof of Publication of notice of this Public Hearing wes In the Englewood Herald on May 25 , 2007 and I will submit that for the record . On April 17'' the Planning and Zoning Commission held a Public Hearing on th is matter lo consider an amendment to Title 16 of the Englewood Municipal Code, that would allow for banners lo be placed on streetlights within the South Broadway right-of-way, subject to a licensing agreement to the City of Englewood . Should th is amendment be approved by City Council, the South Broadway Business Improvement District, and other City approved districts, would be allowed to install banners on streetl ights . Installation of banners would be managed through a licensing agreement, through the City of Englewood and the banners must meet and 'le maintained in accordance with an approved Xcel permit . That concludes my comments for the public recc,rd . Thank you . Mayor Wolosyn said Is thera anyone who would like to speak on this issue during the Public Hearing . There was no one . She sa id If not , I will ask for a motion to close this Pub lic Hearing . • COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 35, APPROVING THE PROPOSED AMENDMENT TO TITLE 16, CHAPTER 6, SECTION 13.E.17 OF THE ENGLEWOOD MUNICIPAL CODE ALLOWING CITY APPROVED • DISTRICTS TO INSTALL BANNERS ON SOUTH BROADWAY STREETLIGHTS . Mayor Wolosyn said thank you Darren. Vote results: Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays: None Motion carried and the public hearirog closed . 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no .ddilional items submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .) (b) Appro val of Ordinances on Second Reading (I) Council Bill No . 36 , authorizing an lnlergovemmenlal Grant Agreement between Arapahoe County and the City of Englewood for the purpose of purchasing the Oxbow property In Littleton and Englewood for open space , recreation , wildlife 1,::'.l ltat , and water quality uses was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 38, SERIES OF 2007 . ORD INANCE NO . 36, SERIES OF 2007 (COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER • WOODVIARD) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF ARAPAHOE COUNTY OPEN • • • Englewood City Council June 4 , 2007 P■ge 5 SPACE PROGRAM FUNDS PROJECT N.A.ME : SOUTH PLATTE RIVER OXBOW HABITATM'ETLANDS', BETWEEII: ':"HE CITY OF ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY , STATE OF COLORADO . Mayor Wolosyn asked if there was any discu :islon . Th a,u was none . Vote raaulll : Motion carried . Ayes : Council Membe l"l Barren ti ne , Mccaslin , Moore , Woiosyn , Woodward , Tomasso , Oa t,1ef Nays : None (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Adm inistrative Services Department to adopt a resolu tion authoriz ing a Sup r lementel AppropMation from the Public Improvement Fund and the Open Space Fund . He sa id, th is a supplen s-,rt r • ap,:,".,,,i ation to the 2007 Budget. The Public Improvement Fund Is spending $200 ,000.00 for Golf Cou ™' rcd ev?topm,•nt oversight during land preparation ; the source of funding is the Goff Course lease proceeds . n .e <),J al, $p~ce Fund is taking $62,500.00 from unreserved'undesignated fund balance for the purcha s1• of tt,,. l)xbow Property . Mayor Wolosyn asked if there. was any discussion or questions . Council Member Woodward said i i ,ave a question . On the Council Commun ication it says here ... oh wa it, I th ink I have answered my own question . I see under Open Space Fund , source of funds on Reserved Fund Balance and I didn 't th ink the Open Space Funds were there ... so never mind . Mayo.r Wolosyn as ked if there we re any other questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS Sf;t'ONOED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 49, SERIES OF 2007 . RESOLUTION NO . 49 , SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGET FOR THE PUBLIC IMPROVEMENT FUND AND THE OPEN SPACE FUND . Council Member Barrentine sa id I want you to know that I am going to be voting aga inst th is. Th is is almost a hundred percent in crease in the amount of money that we were us ing . I be li eve we should have had more information about this and I will be voting ag a'nst it. Mayo r Wolosyn asked if there was any other discussion . Council Member Wondward sa id I would just like to acknowledge and than , the City of Littleto·,, South Suburban Parks and Recreation District and the Arapahoe County Open Spaca Trails Board for the ir financial support on the Oxbow project and the Open Space funding . The South Platte Working Group sees this as the kickoff ... the first purchase wit '. money that has been put up by the communities , the county , South Suburban and, hopefully , the Legacy Grant coming from GOCO . And I would also like to thank the Trust for Public Land for their work on th is project. With regard to the $200,000.00 Goff Course environmental oversight expenditures, I think that Is very prudent on our part, aa far as the environmental Issue In making sure that we are well protected on that. So, I certa inly support that too . Counoll Member Barrentine said one more , just to addre11 what Council Member Woodward has said , we are putting out the Open Sp&C'l Funds on Oxbow, when we are not going to be able to use hose funds maybe for neighborhood parks . I really would have liked to have looked at this more. To address what a citizM brought up eart ler about money, wtth that Lowe's being brought In . Part of the agreement that waa iven to us In Study Englewood City Council Jun• 4, 2007 Pagel Seaalon waa that Llttleton ... ln exchange for not doing revenue sharing with us ... would contr ibute at a higher rate, not only Just to their 15% lo the land that 11 In Littleton ul as a cons ideration to us , that they would contribute at a higher rele, for us giving them a park ing lot "'' that they could have the Lowe 's, that they would contribute more to that Oxbow project and help u, out. II ,. •ny understanding that they are only contributing the 15% lo that piece of pr,perty that 11 In there end also ex ~ 'IGtlnil 111 to do some ma intenance piece of ii. I believe that I have enough concerns that I don 't want lo vote for it at th is !l•Tia . Mayor Wolosyn asked If there was any other discussion . Council Member Woodward said I th ink that Is not lnclud i,1g Sooth Suburban Parks and Rec , which is the Par k District down there . The City of Littleton is contrlbuling, I be llt1•0 . $109,500.00 . Vote reaulta: Malian carried . Ayes : Council Members Mccasl in, Moore , Wolosyn , Wooclward , Tomasso , Oakley Nays : Co unc il Member Barrenline (ii) Di rector Kahm presented a recommendation from the Department of Pub li c Works to approve , by molion , award ing a contract with Thoutl Brothers Concrete Contractors , Inc . fo r r o;,c.:ruclio , 1 of Concrete Utility 2007 and Concrete Program 2007 in the amount of $346 ,919.80. He sa id Iha Concrete Utility Program has been In effect since 1997 . We do an annual program to up ~rade the concrete ·.h roughoul the Clly . We've ta lked In the pa st about, al some po int , needing to raise fees becau ::e if you loo k at the fi nanc ials . you will realize that every yea r our costs of providing the serv ice go up and the money that we ha ve available for work continues to drop as a percen tage . So , at some po int in the future , we wil l be coming lo you to talk about • the fee Increase that will eventually be necessary . Bui for right now , we a,~ recommending a contract be • awarded to Thoutt Brothers . We ha ve a mulli -year history with these folks . They have been doing a really good Job . We went back out to bid th is year, had four competit ive Mds and Thoutl was once aga in the low bidd er. We are very satisfied with their work . Mayor Wolosyn asked if there were any questions for Rick . There were none . COUNCIL MEMBER OAKLE, MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) - AWARDING A CONTRACT WITH THOUTT BROTHERS CONCRETE CONTRACTORS, INC . FOR CONSTRUCTION OF CONCRETE UTILITY 2007 AND CONCRETE PROGRAM 2007 IN THE AMOUNT \1F S34~,91U0. Molion carr ied . Ayes : Council Members Barrent ine , Mccaslin, Moore , Woiosyn, Woodward , Tomasso, Oa kley Nays: None Mayor Wolosyn said thank you Rick . 12 . General Dl1cu1al0n (a) Mayor's Cho ice (I) Mayor W i losyn sa id there has been a request to change the meeting for JJly 2"' to July 9~. That would mean that we would have two regular meetings right in a row . And II wes po inted out to me by staff that if we did this, because we don 't have another regular msetlng in July , It would Just stretch out the length of time before any ordinance could be considered on final reading . So, I am wondering . Do we have anything such as contracts coming up that might have an impact on this? City Manager Sears sa id I don 't know of anyth ing right off hand . • • • • Engl-ood City Council June 4, 2007 Pege7 Mayor Wol01yn said okay. I had u ked the question before end not received e response, so I /uat wanted everyone to be aware of that. City Attorney Brotzman aa ld we don't have any electi on Items or Issues that would be affected by moving the data . Mayor Wolosyn said I don't really have an op inion on th is so what is Council's choice? Council Member Moore sa id I had actually Initiated the request , just because we have kind of normally do .,a it but the th ing that OCC1Jrred to ma later was , is that actually more of a burden on Iha staff, than a help? My thought was a lot of people would like to take the 4th of July week off, but then it later occurred to me, well ii pushes It to the 9th and then no one Is there to get ready for the 9th• So, if It actually makes It worse on staff, I am completely happy to leave It on the 2'". City Manager Sears sa id I th ink ii would actually. Council Member Moore said ok y, I am happy to leave ii on the 2'". Mayor Wolosyn sa id so is that okay to leave it as it is ... the July 2'" meeting? City Manager Sears sa id the staff ... because of the 4th of July ... will be here anyway during tha t we•k, I suspect. I think the point is that Thursday is the critical lime, if the meeting were moved to the 9th • (i i) Mayor Wolosyn sa id I visited S imon Center and Orchard Place and gave them an update on the art shuttle, wh ich th ey very much do support . Plus, they told me th ings I didn't know about II , wh ich we re useful and I'm going to write a list of th ings for Council to see ... the things they shared w ith me . (i ii) Mayor Wolosyn sa id in our packets is a Council Commun ica tion about the Oxbow purchase and I think ii is very informative . I am glad lo see that th~ County put in $136 ,000.00 . And so , Open Space ... lhe price of ii only goes up and I know ii is hard to spend money, but one of our jobs is to invest in the future , so I think we made a decent decision . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said part of what I was talk ing about with Oxbow, we fi nd in our packet as well, and that is that we were surprised by the school dumping some property ... Duncan Park ... a neighborhood park that without Open Space Funds , the City, probably, wouldn 't have been able to afford to ma intain. Th is is an asset that is already in th is commun ity and one of the reasons that I would like to kee~ those funds more vi able for su rprises that happen like this. 2 . She said congratulations to the Parks ano Recreation Department. I understand that the 1.vo grants were approved for Duncan Park and for the picnic shelter improvements at Belleview Park In th is community . That is what I th ink the Open Space Funds should be used for, for right now and I appreciate that you guys did the work to keep Duncan Park open for Dis trict 3. 3 . She said I attended the Graffiti Art Show al OTC on May 26th and was very impressed with some of the art 1·.!s down there . 4 . She said I also attended , last night, the Denver Bronze Hand Bell ensemble i,ere at Hampden Hall and appreciate the effort that staff Is making to make sure that that Is a venue that can be leased out as often as possible. It will always be subsidized, but at least it Is less subs idized If peoplP. are willing to rr.ake It ava ilable as much as possible so that these groups can go ahead and use it. I wanted to say speclficell:; to Carol, that I think that Is very nice that we have people on staff that are willi ng to do those kinds of events , so that we can make that open to the community and kind of offset th e cost. Mayor Wolosyn sa id tr ink you Laurell . En111-ooc1 City Councll June 4, 2007 PageO (II) Council Member Tom1110 : 1. He 11id we rileelved I memorandum In our pecket about the Rocky Mountain Rall Authority and join ing that. I brought It up et the budget mNtlng end had Council Input on that. We alao need to appoint a Council member to that CommittH. Mayor Wolosyn 111d can I pul that on another agenda? Can we or do they nNd to know right now? Council Member Tomasso sa id ll nas bNn floating around and It may fall Into a crack , so It nNds to be put on the agenda . Mayor Wolosyn said okay, thank you, I will. 2. He said lhe Acoma StrNt parking lot area ... that natural park In the center ... the merchants have approached me and compidined about the lack of mai ntenance on the landscaping . The bushes are becoming overgrown and they suspect drug dealing going on at that location, so possibly we need to Increase patrols on that. 3. He said I also received a ?hone call from a citizen who had worked on a person 's car and the person hed complained to the police that they wanted to get their car back and he was In a confrontation with the police and ha was stating that It was a mechanic's lien, It was a civ il issue and It was resolved by the Sergeant In charge, but he has requested that the police be infom,ed on what Is a civil issue , what constitutes a mechanics lien and what constitutes a police issue. So, he spoke with me at lenJth on that issue. He also had received training as a pol ice officer at one time . 4 . He said as for the Oxbow purchase , our cit izen survey came back to us staling that they required and would Ilka to have more natural places to hike and walk and this fits that bill. That was one of the priorities in the citizen's survey and that is why I voted for it . (Ill) Counc il Member Woodward : 1. He said I too would like to acknowledge that we did get our funding, the $250 ,000 .00, for Duncan Park and the $137,000 .00 for the picnic shelter Improvements at Belleview Park and Thursday we will receive that funding officially . 2. He 111d I just wanted to mention Sounds of Summer starts on Thursday, June 21st and it will be The Nacho Men. 13 . City Manager', Report (a) City Manager Sears said Darren Hollingsworth informed me of some pretty exciti ng news prior to coming In here . I asked Da rren, if he would go to the podium and make an announcement. Darren Hollingsworth said I am pleased to announce that I received a phone call from a brokor th is afternoon, that lease• apace at the Dartmouth Industrial Park , As you recall , Kacey Fine Furniture has taken a location at Dartmouth lnduatrlal Park. They will have a new neighbor and that neighbor will be Vitamin Cottage . They will have e 40 ,000 aquare foot warahouae facility and they will also ~ave about 50 new jobs . This will be a major warehoun dlatrlbution canter for the front range . It Is very exc ·tlng news and I will roll out more information as that becomu IV■Hable . Mayor Woloayn 111d thank you Darren , very well done. Council Member Woodward said congratulations . City Manager Seara aald good work by Darren and the staff. (b) City Manager Saer1 said Tom Ashburn was In this afternoon . I didn't get a chance to get this Information In the box to the Council , but there ere some tours ... and I will have this Information out to you th is Thuraday ... of the Arapahoe Station, which Is the Station off of the Platte River Drive . This will be on June 22"', • • • • Englewood City Council June 4, 2007 Paget ;;r ~• who are lntareatad, plus some energy wind power technology, In caae anyone la lntaraatad In that. could be soma pretty lntaraal!ng tours and I will get that to the Council . 14. City Attorney'• Report City Attorney Brotzman did not have any matters lo bring before CoJncii. 15. Adjournment MAYO1/LO~YN MOVED TO ADJOURN . The mdeling adjoumed at 8:07 p.m. d:/i!!~tf.U • •