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HomeMy WebLinkAbout2007-08-06 (Regular) Meeting Minutes• • l!NGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Senion Auguat e, 2007 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:34 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Allagl■nca 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 Attomey Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Gryglewicz , Finance and Administrative Services Manager Stitt, Community Development Senior Planner Graham, Community Development Director Fonda , Utilities Manager Stowe, Wastewater Treatment Plant Business Services Adm inistrator Goodbum , Wastewater Treatment Plant Police Commander Watson, Sa, ,ty Services Fire Division Ch ief Pattaroul , Safety Services 5. Conaldaratlon of Mlnutn of Pravloua Snalon (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 16, 2007. Mayor Wolosyn asked II there wPre any comments . There were none . Vota-ulta: Ayes: Council Members Barren ti ne , McCaslln , Moore , Wolosyn, Woodward , Tomasso , Oakley Naya : None • Motion carried . Engl.wood City Councll Auguat 6, 2007 P1g12 6. Recognition of lchlduled Public Comment (I) Jo Ellen 01vld10n, Executive Director of the Community Housing Development Aasoclalion , Inc .. a■ld thank you Mayor and Council members . I am here In my capacity aa the Executive Director of the Community Housing Development Aasoclatlon . My purpose la two-fold thla evening . One Is to Inform you of our proposed plans to acquire 1n existing Englewood apertment property. As the Community Housing Development Association , we would propose to own thla building after we renovate It and make thla propert)' available as affordable housing for low Income ind special needs residents In Englewood . And that leada me to my second purpose , In order to facilitate the affordability of this property , w-e use a variety of public and private resources to do that. In order to acceaa thoae funda, we need to demonstrate the support of local leadership for our application for thoae funds . I have provided you with a packet of materials regarding the property but I didn't want to go into too much detail on that , but I did want to offer some clarification . She asked did you get packages of Information that I provided through the City Manager's office? The Council members acknowledged that they did . She said okay, so , before I start there, I wanted to just tell you why we are very excited about this property. This is property that is located ... ii is the Presidential Arms Apartments at the northwest corner of South Washington Street and US 265 In Englewood . It is about a block south of Swedish Hospital . II ls a terrific property. II ls a sound property . It 's been under the same ownership since ii was constructed in 1963 by Or. David Kramish . He passed away last fall and his family Trust is now selling the property . We have a very strong interest in the property pr,rtly because of its conlinuily of ownership and management. This is a terrific property from a resident's .,tandpoint, we believe . I have been in the un its . They are large units and very funcllonal ... even the studios and the one bedrooms , functional bathrooms , and functional kitchen areas . There are a number of two bedroom units in this building, which is somewhat unique in the Englewood rental housing market , so we are Interested in those . A number of these units have outside balconies , so ii is almost like another room on those apartments . The building has been mainta ined but right now it is primed for updating . We would propose to go into th is property and bring substantial investment into • the property and update and renew all of the major systems ; put a new elevator in the build ing, put a new boiler • in the building , replace all the aluminum windows . We would look at the un it function and aesthetics, new appliances , new plumbing fixtures , upgrading the lighting, etc . There is an in-ground pool in the building right now that needs some minor repairs . What we would like to do, is to see if ii makes se nse feasibly to go in and to fill in that pool , and create a nice community green space for the residents tha t can offer them a more year- round community space outside , and then we would do a variety of different updating and improvements to the property ... including probably looking at a number of the units for some accessibility, not only for the seniors but for other special needs res idents . You know this , Englewood is a terrific community . This property is ideal for this type of redevelopment for our residents because of its location , proximal to employment, transportalion ... all of the terrific redevelopment that you have done here in the City, the services as well as the schools and the recreation . So we are very interested in the property from the standpo int that it becomes a very good place for our residents to live . When we use public resources, we are very mindful of the fact that we want to add value to the community , so we believe that we would do that. We have significantly improved this property . Al the same lime , we use a professional management company so we will own the property over the long term, and we will use our professional management company that has specialized expertise in working with this type of property . This particular property is somewhat unique because ii is localed in what HUD has classified as a qualified census track . In effect , what that enables us to do is to bring additional resources to the property. Nol only to increase the amount of improvements that we make, but to reduce the amount of debt that the property has to carry , which allows us to maintain affordab:e rents, while at the same lime mainta ining the building . In looking at the existing rent row , the other attractiveness of this building to us is the fact that we bel ieve that we will be able to preserve as many of the existing residents that want to stay . Many of them are long term residents , so , we believe that these folks will Income qualify to stay on the property . So where we 're al , because I have so much to tell you , tell me how much lime I have or throw me out. I'm sure you will when you 're ready . Mayor Wolosyn said you have about :; more minutes, and I will say this right going in, we don't engage In discussion at this point but I'm sure !his Is something that will come ~ack at the end of the meeting under • Council Choice . Ms . Davidson said where we are at rigt,, n.,., is that we have reviewed this project a couple of times with the Englewood Housing Authority . I thought that the ir Input to us was very helpful. We were able to respon 1 to • • • Englewood City Councll Auguat 8, 2007 P■ge3 aome of their primary concern• ■nd recehl9d • eupport letter from the Englewood Houelng Authortty . Their concem wu 1h11 we not popul ■te this 1re1 ... concentrate In thil aru ... a high level of low Income and 1peci■I need• r1111denll . In r111pon1■ to tha~ we did change our llrgeting, which 1ull will qualify u1 for the varlou1 funding eource1 for the property . So now, we have 43% of the unlll thal are at the top of the earning potential at 60% of AMI for our llrgelld funding . We've got 30% of our unlll lor 50% AMI and 20% of our unlll are for 30% AMI r1111denll, eo we were able to r111pond to that. Our goal 11 to keep the doore open for lolka that ■re umlng a good living wage In th is community aa wall. Juel eo that you know, HUD defines low Income as housaholda umlng 80% or leas of Area Median lncomo, which In Arapahoe County ii $51 ,800 .00 per year, just to give you eome sans■ of that. Where we are al right now la that we are looking lor a ,upport letter from the City . We have funding applications pending with Arapahoe County , the State , and Colorado Hou1lng Finance Authority. All of thosa applications require your support t,efore we can move forward. We would like to get our funding approval In place by October. We would close the transaction by the end of the year, start construction In 2008 and hopefully be done with construction by the end of 2008 or early In 2009 . I will stay for questions that Council might have, and thank you again very ll'Uch for the opportunity . Mayor Wolosyn said thank you . 7. Recognition of Unachaduled Public Commint There were no unscheduled visitors . R. Communication■, Proclamatlona nnd Appointments (a) A letter from Patric k Ringenberger announcing his resignat ion from Keep Englewood Beautiful "'as considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO ACCEPT THE RESIGNATION OF PATRICK RINGENBERGER FROM KEEP ENGLEWOOD BEAUTIFUL . Vote rnulta : 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 8 (a) (I) AND 8 (b) (I) and (II). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 46 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING AN INTERG"lVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY ANO THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD , COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6, 2007. (b) Approval of Ordinances on Second Reading (I) ORDINANCE NO. 42 , SERIES OF 2007 (COUNCI L BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER BARRENTINE) Englewood City Councll Aug111t I, 2007 P1ge4 AN ORDINANCE AUTHORIZING THE 'CONTRACT FOR DEED" FOR THE PURCHASE OF DUNCAN PARK LOCATED AT 4&48 SOUTH PENNSYLVANIA STREET BE1WEEN THE CITY OF ENGLEWOOD , COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO . 1. (ii) ORDINANCE NO . 43, SERIES OF 2007 (COUNCIL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING SUPPLEMENT NO . 162 TO THE SOUTHGATE SANIT ATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . Voll reaulta : Molion carried . Ayes : Council Member, Barrentine, McCaslln, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or molions submitted for approval . (See Agenda Item 11 (c).) 10. •11•. lt~ He■rtng ltema No puo,, \1eari11g was scheduled before Council . 11 . Ordinances, R11olutlon and Motion• (a) Approv. of Ordinances on First Reading (i) Senior Planner Graham presented a racommendalion from the Community Development Department to approve a Bill for an Ordinance authorizing a Purchase Agreement and Lease Back to Koch Landscap ing for the South Platte River Oxbow property in Englewood and Littleton for open space , recreation , wildlife habitat, and water quality uses . He said HIiiary Merritt from Trust for Public Lands Is here with me today . As II was staled, we are asking Council for two authorities ... the authority to purchase Oxbow and the uuthority to lease this property back to Mr. Koch . Ron Koch owns the property and It would be Koch Landscapl'lg that would lease the property back from us . In various ways this , th is item has l,een before the Council five times ; before with the approval of Council for the Share Back money , with approva l for the Grant money from the lnltial grant , with request for transferring money from other Open Space projects , and so forth , and so Council ls femlliar with it. But just for the record, we are looking at a parcel of land located adjacent to the South Platte River In the southem portion of the City . The parcel Is known as the Oxbow because It contains a historic loop of the river that was the main channel prior to channelization by the Army Corp . This property has som., un ique habitat on It and provides wetland and open space and will be an asset to the river ar,d the trail system . We have had genero us support from partner, Including Arapahoe County, South Suburban , and the City of Littleton In pulling together the resources necessary to fund the acquisit ion of this project. We have gotten numerous approva ls along the way to get the funding as well . The financ ial impact of th is particular action of th is property Is $730,000 .00. The City of Englewood has put up $82,500 .00, matchlr~ an Arapahoe County grant of $250,000 .00 . Englewood allocated $125,000 .00 additional monies . The City of Littleton contributed $109 ,500 .00 and South Suburban contributed $47 ,000 .00, for the Littleton portion of the property , The final commitment was by Arapahoe County Open Space. It really came out of the cooperation , we have had In the South Platte W011<Ing Group and they stepped up and wanted to make this transaction happen, 1s kind of the example of cities cooperadng on projects In the South Platte River Basin. W;tt, Iha~ I would ask for Council action approving the lease and the purchase of Iha Oxbow property . Mayor Wolosyn uked ij there were any questions or dlacu11lon . Council Member Barrentine aakf I do have a question ju1t on the comment, and than , I hive to bring thin up, regarding Littleton 's participation In th is . Littleton 's participation In th is was supposed to be at an lncrened level • • • • • • !nglewoocl City Councll Auglllt I, 2007 Pagel becaUH of the con11deratlon we gave ihem In giving our property, which -going to be I rwvenu■ lhlring endeavor, Ind they tumid "Into Just UI giving th■m I parking lot ■nd th■y ■greed to help UI do the Oxbow Project. A parking lot, ■pp■r■nUy, 1h11 they didn 't need u much lllnce they have atolln another Englewood bulllnna and ■pp■r■ntty th1y have enough parking loll to put the Dlacount Tira In 1h11 will be i■lvtng Bro■dwly. Thllr 11111'1 on thla ii only the proportionlte lhlr■ ol 1ctu■I prop■rty that th1y have In Littleton and I think tt WII rather dllllngenuou1 and that their portion should have bean I lot mor■. It w11 not In an attempt for them Juel to ahow cooperation. They got property from u, and 1 1'911111 r■venu■ producing entity that they wouldn 't hive been able to hive had we not given th■m that prop■rty. So, I am 11111 pretty dlam■yld 11 the way 1h11 whole thing worked out I wanted to m■kt that comment ■gain Mayor Woloayn ukad W there were any other comments . Council Member Woodward said I just want to comment from the South Platte Working Group as the representative from Council there . All the cities were working together, trying lo see the bigger picture here . I disagree wtth the former comments . I think the agreement was that Littleton would participate In the purchase of th, Oxbow wtthout saying 50% or whatever. They have a very small portion of the Oxbow property , when you look al the total Oxbow and see what la Littleton and see what is Englewood . Their contribution , Including their Parka and Rec Dlatrtct, which would be only fair to add Into II , la $156 ,500 .00 compared to aura of $187 ,500.00 . Where ectually , $82 ,500.00 la coming from General Fund , and the rest Is grant money that Is coming from Open Space and Share Back money and Arapahoe County . So , I am really pleased that we ware able lo, and Staff and Trust for Public Landa , apeclftcally Hillary, was able to put all this together. This Is a pretty complicated transaction , as we have kind of found out, and I would like to move tt forward . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (1) (I) • COUNCIL BILL NO . 44 , COUNCIL BILL NO. 44 , SERIES OF 2007 A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH PLATTE RIVER OXBOW HABITATM'ETLANDS. Mayor Wolosyn said before I call for the vote , I think we ought to thank all the partners ... in particular Arapahoe County for stepping In with that extra money that really wasn't on anybody 's balance sheet and help ing us fill Iha gap . I remember when Susan showed that 3 million at the meeting and who knew that we would be Iha firi,t ones to benefit. So, thanks for facilitating that aspect Mayor Woloayn asked W there ware any further comments . There ware none. Vote IHUlta : Motion carried . Ayes : Council Membera McCaslln , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : Council Member Barrentine (II) City Clerk Ellis and City Attorney Brotzman presented a recommendation from Iha Ctty Clark's Office and the City Attorney 's Office to adopt a BIii for an Ordinance placing this laaue on the November 8, 2007 ballot. City Attorney Brotzman Hid this la a Charter Initiative and the Clerk has certified that there are ,1nough lllgnaturaa , so the laaue needs to be placed on the ballot. Mayor Woioayn asked If there were any comments . Council Member Tom1110 Hid I am curious about the flrat line th at Hya: "The City g~vemment should not UH texpaye(a r■10urcaa to duplicate aervlcaa that could be provided by the private uctor. • He uked what don thetme■n? l!nr,llwNII City Councll Auguet I, 2007 P1gel City Allomey Brotzman uld and that ii not our pilcl to Interpret that. Council Member T-uld Juat curtou,. Mayor Wolotyn uld 10 glv■n that, do we have I motion? Thly have the algnaturn. Council Member Woodwlrd uld I Juat want to mike one commenL and I will make the motion , but my comment la, 11 It w■, two -k• ■go, that the company that did th la without having any opinion about what they were doing and whll -on the petitlo", Kennedy Enterpriaes , they do have lndlvlduala or an Ind ividual that m lsreprn■nted himaatf to ma peraonally and to others , and that 11 alarming . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (■I (111-COUNCIL BILL NO . 47 . COUNCIL BILL NO . 47 , SERIES OF 2007 A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLE\ . .'OOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X\, ENGLEWOOD EMPLC.'YEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981 , SECTION 137 :5 'Subjects for collectiv~ bargaining' AND THE ADDITION OF A NEW SECTION 137 :9 'Deduction s allowable from payroll compe,;~tion' OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Wolosyn asked if there was any comm P.nt. There was none . Vote rnulta: Ayes : Nays : Motion carried . Council Members Barrentine , McCaslln , Moore , Wolosyn , Woodward , Tomasso , Oakley None (bl Approval of Ord inances on Second Read ing There were no additional Ord inances submitted for approval on Second Reading . (See Agenda Item 9 (b).) (c) Resolutions and Motions (I) Director Gryglewicz presented a recommenda tion from the Finance and Administrati ve Services Department to approve a resolution authoriz ing a Supplemental Appropriation of $350 ,000 to the 2007 Budget in the Public Improvemen t Fund for expenditures Incurred to enhance and Improve the City's Golf Course . He said th is Is a supplemental appropriation of $350 ,000 .00 from the PIF proceeds from the Go~ Course lease that was received by the City previously. The use of these fund• Is for a pump house for $150 ,000 .00 , a fence $50,000 .00 , Contingency $100,000 .00 and tree planting for $50 ,000 .00, which wi ll leave $3 ,536 ,000 .00 rema ining of the funds from the lease . Mayor Wolosyn asked if there were any questions . Mayor Woioayn 111d could you comment on the ... are we allocating the Contingency or how does that go? I'm not used to thll Director Gryglewlcz 1&1d 11 thil point In lime , the Contingency money ii there In case that. .. I'm not sure wh ich hole ... but they may expand 1h11 but It 11 not going to be known until a later dall. And If that hole 11 actulilly expanded , 11111 wtil come back and Inform Council of those plane and those expendlturn. Mayor Wolotyn 111d okey , 10 we will know whenever that money ii ... Mr. Woodwlrd uld tt w■, allted In a Study Senion . Ma . Wotosyn ukl yes , rlghL I remamber but I Juat wanted to uy tt hire. • • • • • • Englewood City Councll Auguet&,~! Pege7 COUNCIL MEMB!R WOODWARO MOVl!D, AND IT WAI IECOND!!D, TO APPROVE AGENDA ITEM 11 (cl (ll • RESOLUTION NO. 79, IERIEI OF 2007. RESOLUTION NO . 79, SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENT.Al APPROPRIATIO rl TO THE 2007 BUDGET IN THE PUBLIC IMPROVEMENT FUND FOR EXPEN".i iTURES INCURRED TO ENHANCE AND IMPROVE THE CITY'S GOLF COURSE . Council Member Barrentine said Fran k, I do have a question about that. You have hare under Iha Financial Impact, the 4 mltllon and then the $700 ,000 .00 ... Mr. Gryglewtcz 111d yea. She aald but that $700 ,000.00 Isn 't be ing Included In what rema ins? Director Gryglewlcz sa id the $700 ,000 .00 was a supplemental to the deal to do addltlonal work , so Iha two amounts came in at Iha same time , so I llstad both of them . But the remain ing amount of monay altar this supplemental , if Council does approve It, Is $3 ,536 ,000 .00. Council Member Barrentine said the $250 ,000 .00 we pa id for that and th is $350 ,000 .00 ... so where Is the $700,000 .00 again? Director Gryglawicz said the $700 ,000 .00 was actually Included In the deal and the majority of that was spent except for the $50 ,000 .00 from the tree planting . Council Member Barrentine sa id It was Included In the deal and spent for what? Director Gryglewicz said for the lease of the Golf Course land and those mon ies were previously allocated and have been spent other than the $50 ,000 .00. Ms . Barrentine sa id okay . Vote re■utta: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None (ill Director Gryglewlcz presented a recommendation from the Finance and .Adm inistra ti ve Services Department to adopt a resolution approv ing a Supplemental Appropriation of $25 ,292 .90 from a Forest Service Reimbursement for expenditures Incurred during the City's participation In wlldland fire fight ing activities . He said our Fire Division often times assists neighboring communities and communities far away as In th is r.a sa ... Georgia ... to fight fires . This Wlldland fire was fought earlier this year. The City Incurred $25,292 .90 in reimbursed expend itures and that was paid . Th is Is a supplemental to allow those expenditures out of that budget. Mayor Wolosyn asked if there were any questions . Council Member McCaslin said these expend itures , who were they reimbursed to ... the firefighters? Director Gryglewicz said th ey are actually. The check comes to the City but all expenditures must be formally adopted by the Council In the fo rm of a supplemental or Iha normal budgetary process . So, that Is what th is don. Mr. McCaslln said okay, thank you . Council Member Barrentine 11ld 10 It puts It back In their budget? Mr. Gryglewlcz said yes , It puts It back In their budget becausa the expenditure came from there . Ms. Bammtlne said okay . COUNCIL MEMBER TOMASSO MOVED, AND ITWAI SECONDED , TO APPROVE AGENDA ITEM 11 (cl (Ill· RESOLUTION NO. 80, SERIES OF 2007. Englewood City Council Auguat I, 2007 Pagel RESOLUTION NO . 80 , SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGET IN THE GENERAL FUND FOR EXPENDITURES INCURRED BY THE ENGLEWOOD SAFETY SERVICES DEPARTMENT, FIRE DIVISION FOR EXPENDITURES INCURRED DURING WILDLAND FIRE DEP~OYMENT . Mayor Wolosyn said If there Is no more discussion, please vote. Vote !ffulta: Motion carried . Ayes : Council Membens Barrentine , McCaslln , Moore, Woloayn, Woodward , Tomasso , Oakley Nays : None (iii) Director Fonda presented a recc.mmendation from the LlttletorJEnglewood Wastewater Treatment Plant to approve , by motion , a contract with Sh1tum Consulting Partnens for the implementation of DataStream 71 , a computerized maintenance management system In the amount of $187,620 .00 , which will be shared 50/50 by the cities of Englewood and Littleton . He sa id th is Is something that we have been working on for a long time ... for over several yeans . It is the plan main tenance system for every piece of equipment In the Bi-City Plant. This contract is the contract whereby they will take all of the information on every piece of equipment and load It Into the program ... that Is why it Is a large expend iture . This isn't so much a formal bid , like you do for a piece of equipment, as opposed to their proposing how they would do it and how much it would cost. So , in weighing that aga inst the other proposal, we felt that Stratum Consulting Partners presented a better qualified project team . It was a more developed plan . They recommended better alternatives for • connecting with our current status system and they provided far more tralning ... and the training Is cruc ial to us • because we will have to operate the system when, in fact , it happens . So I believe, actually, for what they are presenting , they are presenting a much better packag e at an actual lower price, because the other group didn't include the training. Mayor Wolosyn asked ii there were an y questions for Stu . Counc il Member Barrentine sa id is. ,his amount included in the total of the Bi-C ity's budget? Mr. Fonda sa id of the budget , ye s, it has been b.i dgeted , Council Member Barrentine &1.''d and what v;as the total budget for that? Mr. Fonda said the budget was around $200 ,000 .00 . She said I meant th e total budget for the Bl-City plant again? That was part of the total amount... you already Included this ~ff part of the total cost... Mr . Fonda seld the total budget for the Bi-City Plant, as part of Its budget process for this yeafs and next yea f s budget, Is be ing included . She said yes . Mr. Fonda said it was already budgeted . Council Member Woodward sa id are you talking about construction , Laurett? Ms. Barrentine said yes. Was it included in the total cost of the Bi-City's Plant? Mr. Fonda said yes . Ms . Barrentine said okay and the total amount of the Bi-City 's Plant was? City Manager Sears responded $114,000,000.00 . Mr. Fonda said It is not a part of the project; It Is part of the regular budget that It was budgeted under ... as opposed to the project they are constructing ... Council Member Barrentine said because you wouldn't be using It for what you normally have now ... I mean It would have been ... but ltwun'tlnctuded ln ... Mr. Fonda said It la not part of what we are building . She said It la • not part of the $114,000,000.00? Mr. Fonda said no . She r.ald It la In addition to the $114,000,000 .00 . Mr. Fonda said yes and that la part of the operating budget that was approved . Ma. Barrentine said It la In order to make this work . Mr. Fonda said yes . Ma . Barrentine said the new plant Mr. Fonda sa id yes. Ma . Barrentine • • • Englewood City Councll Aug111t 9, 2007 Pagel said okay. Thank you . Mr. Fonda said buttt 11 not someth ing that we are taking through the contractor .. thatls bu ilding the plant. Ms . Barrentine said okay. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECON!'':D, TO APPROVE AGENDA ITEM 11 (c) (Ill)· A CONTRACT WITH STRATUM CONSULTING PARTNERS FOR THE IMPLEMENTATION OF DATASTREAM 71 , A COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM IN THE AMOUNT OF $117,820 .00, WHICH WILL BE SHARED £0150 BY THE CITIES OF ENGLEWOOD AND LITTLETON. Mayor Wolosyn asked If there was any further discuss ion . There was none. Vote rnulta: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn sa id thank you Stu . 12 . General Dlacuaelon (a) Mayo(s Choice (I) Mayor Wolosyn said I would like us to retum to Ms . Davidson 's request for a letter of support for their project at 3595 South Wash ington Street. I thought we would take th is 1:rst , In case we had any further questions . I have had occaRlon to talk to people on the Housing Authority and I thh'k It Is scmethlng that Is In our Comp Plan , and we have that in our packet. I think It Is better to have a building reha01lltated than not but I am going to turn it over ... maybe Jim you want to lead this because you are on the Housing Authority? Council Member Woodward said as a Counc ll lla lson on the Housing Authority , we looked at this during the month of July and during the month of August , and we had a presentation in August. Of the members that were there and were voting , It was unanimous to support this, and the feeling was that It does not compete with ,nythlng of Englewood Housing dlre,:tly . It Is a tax cred it type of property that will... It has certain advantages , ••er the pri vate sector coming in and doing someth ing . The reality Is, If the private sector came in and did someth ing, they would probably buy it...maybe invest In some paint and some minor things and continue In renting It as Is. The Improvements th at are going to happen , that have been stated and that have been talked about and that Is what makes the tax crodit deal work , are something that we thought was really a good Idea for the area and for improving that particular building . And the opportun ity for low Income and some medium Income pee ,..: to live In a nice fac llity ... someth lng that would be upgraded . So , it was supported by the Housing Authority . Mayor Wolosyn asked If anybody had any discuss ion or questions . Council Member Barrentine said we had a previous request for this type of ... unfortunately , a project that endsd up not going through , and they were brought to Study Session to get some additional Information , and certainly at that time , that organization talked to the community to get some Input as well. .. I believe at oJr request. I was just curious how everybody felt about that. Council Member Woodward said we dtd discuss this proposal . And this group compared to the other, as one of our most knowledgeable members Roger Hara pointed out, was that we really weren't cor, .paring apples and oranges with in the groups . That this group and I ~m trying to remember specifically, that thlI group Is Arapahce County, Douglas County and that la where the foe .• Is. Al I recall, th is would be your first property In Englewood . So far you have done a couple In Littleton, but you are looking at Littleton, Englewood , Sheridan and the surround ing area . Th is one really flt th~ bill . The amount of Investment that Is going Into th is property and as you stated by 2009, that was a question I had , I think Is pretty lmpreaalve. I just did some numbe1' and It bumps It up to , I think It was $103 .00 per un it That la a pretty nice cost per unit, especially W you are talking about a buffet...! mean that Is the average , but a one or two bedroom un it when It Is completed Is $103 ,000 .00 . Englewood City Council Augult I, 2007 Page 10 Also they are fully replacing an elevator, which Just Isn 't cheap . Those are expensive type th ings . So, we felt that It was a real Improvement to the area . Ross Management la a group ... this Is not the Frederick Ross Company ... this Is a management company that apecializea In property management. I know them and I know the type of work that they do , and I would recommend them as a very good property management company, very thorough . So I think the one thing that we will see ... I don 't ~now what the police callsare there , that was one of the things that was brought up snd nobody seemed to know ... but I woL•:d tend to believe that they will go down , significantly , once the project Is complete . Ms . f Ja •ldson said our property in Littleton, that we did !halls very similar to th is, we had ... the police ware there on a vo.ry frequent basis . The Community Resource Officers told us that and after we took over the property and ~••veloped th~ prope,ty , they have bean there very, very rarely . We do so by hav ing a very rigorous tenant screening proceso. and we do evict folks ii you don 't abide by the terms of your lease . We have had very few police calls at our pro,:ierty In Littleton. Council Member Barrentine sa id my concern basically is not against your organization or not, my concern is for us and that the process Is different... that we are do in g th is process differently than we had done for a previous request for a letter of support ... that we had had or made a requirement on them to go ahead and get some community Input for a low Income housing project . That they give us a little bit more Information about the prev ious projects they had dcae and they came to two different Study Sessions to present that to Council. So my question Is mo re, why the process is different for this, and why we wouldn 't want the community input and maybe some Information about the previou s projects, especially since Jim has mentioned this would be your first one . You are a little bit newer In there . AM my concern , of course , is that after all of that , their project fell through and was not approved by the State , a.;1\> so I just wanted to have a little bit of information on why we are doieg ii differently . • Mayor Woiosyn said I guess I can answer that because this came to us In this manner , just as the other one • came to us in basically the same manner but we asked for ... Ms . Barrentine said okay , I apologize for that. Ms . Woiosyn said I mean, do people ... I don 't know what your time li ne looks like . Council Member Woodward said it came through the Housing Authority first and I think at that time, you had to submit something , as I recall , I believe it was by August 1• ... Ms . Davidson said August 1". i •, said and I think you are kind of like ... limes were under deadline for Legacy grants or GOCO funding and Open Space , or whatever. I think you are under some sort of deadline , which is In the month of August. Ms . Davidson said yes , we had . Part of the push on this property, is that we applied for low Income tax credits for August 1• because the next opportunity we would have would be February In 2008 . And my concern was that we would not have an opportunity to acquire the property at that point, that the seller would have already sold th! property. So, that was part of the push and it actually turned out to be somewhat of a pristine window for us to be able t::, do a very expedited, but very thorough due diligence, evaluation of the property and g&I a number of things working on parallel tracks at the same time . So , ii is a bit of an expedited process and so we \lpologlze for th is push to get this done . But , we do have the opportunity , II all the stars continue to align for us and ~ this Is something that you support, we would have the opportunity, I believe , to get our fund ing approved by October and be able to close on this transaction by the end of the year. Which Is a very , you know, that is a very speedy timellne for this type of a project Council Member Woodward said I think one of the other th ings Is that... again goin g back to one of the differences here is ... they are investing a lot of capital Into the build ing Itself, Into the real estate. And increasing the value ... and act\Jaliy as I read here with the formulas, It will actually because of tax credi~ reduce rents which , you know, I think, Is really beneficial. Ma . Davidson said we were to be a partner In the other property that I believe that you reviewed, and part of the Issue with that property ... ! had looked at that property for acquisition for our organization and that owner wanted a significant amount for the purchase price of the property, so that much of the funds that were needed to make • that projed work, was going solely toward acqul11tion , lind t~ey weren 't so much of an Improvement to the property. And , I struggled with th: !set that the acqu isition price on that property wa3 very high as well . So, I • • • Englev;ood City Council August I, 2007 P111111 don 't know •,.;/.~ all the details wens but we were 11ked to partner In that and would have provided 1upport for •~e organization . But ultlmrtely the deal waa not ... they couldn 't make the economlcl of that trannction work . CNncl: Milmber Barre rtJne said well then ... and I do apologize ... wlthout having other Information and I realize thd you ans on~ short tlmell~e. but I would have to object just on the basl1 that WI ans going to take a private entity like that and tum It :1·•0 low Income houalng , which would be a long term comm itment for the community , and ,'hat they should ha·,·• ,put Into that. And that not being available , that would be my objection to not a~reelng to this . Mayor Wolosyn asked If 'here was any more comment. Council Member McCaslln said I have a question on Ross Management. I see that they do the background checks and getting the people in there . What a~~ut k!!i'ping the property clean and so It doesn 't tum Into a blight area or something . Is that their responsibility? Ms . Davidson said yes that Is, that is part cf what wi, hire them to do . They have a team of maintenance crews that go around and answer the specific ... fix the un ita ... but they also maintain the properties for us . And , I maintain a very close working relationship with these organizations . Council Member Mccaslin sa id so, if I was a res ident and I had a problem with someth ing that was your issue , I could call Ross Management and they would take care of it? Ms . Davidson said right and we pay them very well to do that as well . Mr. Mccaslin said thank you . Council Member Woodward said Ross Management, I think , was on 60 minutes a number of years ago . They took over a property In Las Vegas ... they took it over sight unseen . It was in the worst part and it was probably one of the worst bu ildings that you could possibly have in Las Vegas . But they were offered these other properties in Denver to take on and th is one on in Vegas and they did , and they turned it around . Ms . Davidson said just to offer to you ... the existing resident population, based on the Information that we have from the existing property manager, and from my observation from being In that property and having experience with our other two properties, the ex isting resident population will qualify to live In that property. I believe that many of those residents are long term, so we are not changing the demographics of the existing population . We do have in the aud ience, a representative from Cornerstone Properties, Greg Johnson, who has been involved with the property for a number of years . Greg Is here In our support . Mayor Wolosyn said will there be an y Improvements to the fa91de of the building ... to the exterior? Ms . Davidson sa id I am not crazy about the way the railings look right no·.v, so I would like to work with an architect to see If we can 't jazz that up a bit , because what we would like to do , is attract a higher earning resident and we are going to need to make those units very efficient, but also look good for folks to be there . So , I would like to see what we can do with tha t...and then there are some exterior repa irs that we need to do to the brick ... the pa1Klng lot needs some repairs . We would like to do some street-scaplng ... some Improvements along 285 and along Washington . Council Mem ber Tonasso said Is the building currently sprinkled ... does it have sprinklers in It? WIii you put sprinklers In It? Ms . Davld,on said no , that wasn't part of the 1ilan . We will hardwire smoke detectons , which Is what WI have done In OJr other prope,tles . 111',lnk that's cost prohibitive for us to be able to do that. We would like to do some ADA accessibility lmprovementa for our seniors and e~b .• for some of the Craig Ho1pltal potential folks that are utilizing tho11 facllltlll II well . Mayor Wolo. ,,, said I guess W we ans going to consider a letter of support, we will need a motion to that effect. I think that Is ti .d best way to go abo •Jt It since, I think, thens Is going to be division. Englewood City Councll August I, 2007 P1g112 COUNCIL MEMBER WOODWARD MOVED, AND IT WAI SECONDED, TO PROVIDE A LETTER OF SUPPORT FOR THE PRESIDENTIAL ARMS APARTMENTS ACQUISmON/REHABILITATION PLANS. Mayor Wolosyn asked If there was any discussion . There was none. Vot■ ,-ulta: Ayes : Council Members McCaslln, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays: Council Member Barrentine Motion carried. Mayor Wolosyn said thank you . (II) Mayor Wolosyn said I would like to remind everyone as I am sure everyone ~lse will be talking about tt. that tomorrow night is National Night Out and we have received an updated list. It lo Jks Ilka we are welcome all over town and I appreciate Toni's effort. (iii) Mayor Wolosyn said I also , on Friday night, went to Arapahoe Acres Progressive dinner. I went to two of the houses . It Is really lovely to get out Into neighborhoods and talk to people and meet them In the ir homes . Everybody Is always so gracious . I think we had a great show of Safety Services staff and I thank them for being out there also . Many people mentioned how they think that, as they say , so cool that they are out there . (iv) Mayor Wolosyn said also next Saturday is our two events ... Artabout. which Is the open studios in Englewood and in the evening, Sacred Water, here at CityCenter which io the Museum of Outdoor Arts annu 31 production ... that is music, film and dance . Members of the CSO, Colorado Symphony Orchestra, also perform there as well as other artists that the Museum has hired . (b) Council Members' Choice (I) Council Member Barrentine : 1. She said I was disappointed to see that the ACLU has filed suit against Englewood on that sign ordinance . I had recommended that we put a moratorium on the sign ord inance In order to take care of that issue in-house, in hope that we would be more proactive in the future to allow those decisions to remain within the community rather than to hand that over to outsiders In the District Court to decide . 2. She said on the Community Development, I have found out that we have a partel tha t reviews • • information on plans that are submitted . There was a plan submitted on the old Denver Mattress , a building right In front of Steakhouse 10. About six or eight months ago, there was a concern brought up from the owner of our 5 star restaurant, Steakhouse 10, doing very well in this community, that the dumpster was going to be put 12 feet In front of his door. I was told at the time from Tricia Langon that when the pa nel reviewed tt, that they did not consider surrounding properties . When that bank project did not go through, I again brought up the concem of putting a dumpster in front of, 12 feet from his door. They had a chance to review that olan again when that went from being a bank with a drive-thru , which Is why part of that got chopped off, to address the issue of the dumpster being moved , allowed to be moved by the City , from the alley to 12 feet frorr, in front of his door, on the driveway side of his business . And once again , I was told the panel reviewed It and I was told by Harold Stitt, that they don't go out there and that they did not Include any Information on surrounding businesses . In answer to part of the ~uestion that I had on this dumpster being allowed to be moved from thB alley to In front of his door, I was provided Information from the Unlfonr. Development Code that states that a dumpster cannot be within a certain amount of feet from certain thlngs ... resldentlal doorways and things, and would encourage that the panel■, as they nsvlew th-, If they are going to be an effective tool for the Ctty, consider the surrounding buslnnaea, surrounding propertlea and the Impact that they have on other businesses and nssldences . Our Uniform Development Code would nsqulns that they would have to take Into account the other properties tha! ans there. I again would request that we take a look at that...that expecting somebody who • has put million of dollars of Investment In this communtty, to give up part of his property so that the only way he cannot have a dumpster 12 feet from his door, Is for him to let them put It on his property. It may not be an appropriate way for us to handle this and for us to be a bit mons pro< 1Clive In the future on that as well . • • • Englewood City Co11n1;ii Auguatl,21)!!7 Page 13 3. She Aid I read In th e paper that we had I eoup ~ of officers Involved In a shooting with the DUI Taak Force and I wanted to h&'·\l an update, ~ you know 1nyt,'1lng about It. City Manager Sears said I really don't. Mike P ■tta rozzi or Sam WBJIOn can reRpond to the question about that. Police Commander Wati.on Aid that there; weren't an r Englewood Police Officers Involved, that they ware Arapahoe County and po11lbly Denver Ma . Barrentine said okay . Then , y,w mos··, It Is once again a reminder that the news doesn 't get everything right, so that the artiolll that was forwar d&<, to me was not accurate . I apologize . 4. She said alsr, 114 I tad Iii Q111lan request on an open record request that we were cop ied on and I wanted to know W we are corll ed on 'Overy citizen request that comes In ... that was an open records ... citizen request. Are we copied on all of them or are there Just so few that... City Clerk Ellis !iaid no , we get open record requests consistently through the week ... no, you are not Council Member Barrentine said Is there a selective process on how come we got a copy? City Clerk Ellis said no there wasn't. There was just a request that Council be copied on that one . Ms . Barrenti oo said okay and who makes that decision , on which one• we receive? City Attorney Brom,-~~ ~did in this case , that was me and the determination was based on this is information that affects not only th~ budget but also the political process, so Council as well as , a potential candidate, so you would ~.~•e the same information . So , all of Council would have the same information that the candidates do . Ms . Barrentine said so it wasn't requested by a candidate? So , different departments can make a decision that we would get copied on i at? Should we get copied on open records requests normally? City Attorney Brotzmar ~~id and we take those case by case , based on a determ ination on what information Council should have. Ms . Barrentine said okay, alright, thank you . (Ii) Council Member Mccaslin : 1. He said this week is Employees Appreciation week for the City of Englewood . I attended the breakfast today and It was really cool just to sit and talk to the employees and let them know that we care about them , and I think that I'd invite you guys , If anybody ... This whole week is Appreciation Week , and I know that with wnat we have gone through the iast five or ten years with employees, that we show them that we do appreciate what hey do for the City of Englewood and that we are in their comer. I want to say thanks for gelling this put together, I don 't know, was It Human Resources who put this together? City Manager Sears replied that It was Human Resources . The breakfast was catered and It was very nice. I appreciate it. 2. He said we hosted one olthe Council members from Uermany ... he a. 1 his wife . My wWe's mother, unfortunately, Is dying of cancer and she left with the Germans la1t week to go back home to be with her Mom In her last days. It wa1 Just 1uch a neat experience In aaetng what other countries do and how a lot of times we have the aame problems and the same concerns, concerning Immigration, code enforcement. It was really lnlelfttlng to alt down with these guys for a week and Just pick their brains . I leemed more In a week about Belm , Germany than I would probably ever read about, so I appreciate the opportunity. Thank you . (Ill) Council Member Oakley said I have a further comment about Bob 's comments about Employees week. I agree that they ought to hear from us as often as we can . I couldn't make the breakfast this morning but I r,lan on attending the awards ceremony , I believe ~·son Wednesday? Englewood City Council Auguat I, 2007 Page 14 (Iv) Council Member Woodward : 1. He 1■ld I wa nt to acknOWledge that too ... I had written down here that I wan tad to convey my gratitude and appreciation u a citizen and a Council Member, to the employHI of the City during th la EmployH Appreciltk,n \'V&.ok 2007 . 2. He 1■i d ; Jurt wanted to mention again , the Sounds of Summer. on the 18~ 11 the concert that I have been waiting for , Dotaero , which 11 smooth jazz and on the 23~ of August la the Stephen Paul Orcheatr■, which 11 big band sounds , which 11 a makeup for the r■lnout of July 12~. Those are free concerts right out here In the Plazza , right out next to t 'ltyCenter. Mayor Wolosyn said I just want to say one thing . I won't be al the Study s, salon next week . I am going back to the, East coast, for a week starting on Thursday , to see my family but I wnl be at the next regular meeting . 13 . City Maneg1r'1 Report (a) City Manager Sears sa id just as a follow-up, thank you to the Council . I know that the emp loyees appreciate your support and Wednesday , we do have the Employee Appreciati on Awards ceremony . II will be in the Community Room here and all Council is invited lo that. Thank you . 14 . City Attomey'1 Report • (a) City Attorney Brot!man sa id I do have one matter. The law finm representing Mike Mahoney and Headed West has previously done work for the Community Development Department, although that has • bee n some lime ago. I'm ,eally not seeing a conflict in the case. I have talked with one of the senior partners al that aw finm. and my recommendation is for a motion lo waive any potential conflict. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A WAIVER OF CONFLICT IN MIKE MAHONEY AND HEADED WEST VS CITY OF ENGLEWOOD, ARAPAHOE COLIN T\' DISTRICT COURT AND PEOPLE OF THE STATE OF COLORADO VS MIKE MAHONEY, ENGLEWOOD MUNICIPAL COURT, CASE NO. 343488 . Vote reaults: Motion carried . Ayes: Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward, Tomasso , Oakley Nays : None 15. Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting ad journed al 8:28 p.m . •