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HomeMy WebLinkAbout2007-10-15 (Regular) Meeting Minutes• • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular S111lon October 15, 2007 The regular meal in g of Iha Englewood City Cou r.cll was called lo order by Mayor Pro Tam Woodward al 7:32 p.m. ~-in ·1oc1tlon The Invocation was given by Cou ncil Member Barrentine . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tern Woodward . 4. Roll Call Present: Absent : A quorum was present. Council Members Tomasso , Moore, Barrenl ine , Mccaslin , Woodward Council Member Oakley [Clerk 's note : There is a Council Member At-La rge vacancy due lo Iha dealh of Mayor Wolosyn .] Also presen t Cily Manager Sears City Attorney Brolzman Deputy Cily Manager Flaherty City Clerk Ellis De~uty Clly Clerk Bush Director Fonda, Utilit ies Police Commander Collins, Safety Services Direclor Gryglewicz , Finance and Admin istrative Serv ices Director Long , Library Services Director Kahm , Public Works Director Black , Parks and Recrealion Manager of Open Spac e Lee , Parks and Recreation Manager of Commun ity Developmenl Stitt , Communily Development Director White, Commun ity Developme nt Sen ior Planner Langon , Community Development 5. Con1lderatlon of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 1, 2007, AS AMENDED . Mayor Pro Tam Woodward asked if there were any changes or addillo,i s. Mayor Pro Tern Woodward sa id I had one small Item that I noted. On page number six, the sixth line down where It starts out Mayor Pro Tam Woodward said "when you reiterale ... •, I lhlnk that was "will you relle•,ita". T~at's all I have . Is there any other discuss ion or changes or modifications ? Vote re ■ulta : Englewood City Council October 15 , 2007 Pago 2 Ayes : Nays : Absent: Mellon carried . Council Members :Jarrenll ne , Mccaslin, Moore , Woodward , Tomasso None Council Member Oakley 6. Recognition of Scheduled Public Comment (a) Executi ve Director Sharon Wilson, Developmenl Direct or Scali Franssen and Kathleen Fieselman , with her do g Blue, from Freedom Service Dogs were present to address City Counc il. • Ms . Wilson sa id I am !~e Executive Director for Freedom Service Dogs . Also with me ton ig ht is Scott Franssen, Development Director and a client Kathleen Fieselman and her dog Blue . Blue is going tc show you all kinds or things . You're probably wondering why we are here . We're here because we're moving lo Englewood and we are so exc ite d about ii , that we had lo come talk to you guys . We hope lo be here by the first of the year ... we are moving to 2000 W . Union Avenue . We are going to triple the amount of space we have and wo 'II be able lo probably triple or quadruple the number of clients and dogs we have , within the year . Basically , what we do is rescue dogs from shelters and then we tra in them to aid people with disabi lities . So our dogs learn to open and close doors , to turn the lighls off and on . Blue will ta ke the laundry eel of the dryer for her and put ii in her lap so sh e can fold ii. They pick up a dime, a credi t card; anyth ing lh~l's dropped . Where for you and I it's not much to le n over and pick ii up ... when you 'ru in a wheelchair yoLt risk lipping over ... all kinds of lhings . So dogs are manielous . We kin d of do a pay ii forward type th ing . We rescue lhe dogs from shelters where they probably would be euthanized and then they go forward and save someone else's life by giving ii quality . We've been in business 20 years . This is our 201n anniversary . One of the thin .;s that I've passed around to you is our graduation announcement. We 're hold ing ii in Hampden Hall , this Saturday . We will have four cl ients and th eir dogs graduating from the program . II lakes us approximatel y a year to train a dog , al a cost of around $20 ,000 .00 , because there are a lot of med ical issues and tra ini ng and things involved . We do not charge our • clients . Most of them have had enough medical bill s. They need the help, they don 't need an.,ther cha rge . So , Kathleen do you want lo come up and then I'll open ii up to any quest ions? Kathleen has been with us for five years . · •i athl ee n Fieselman sa id this is my dog Blue . We've been together for five ye ars . ,lust lo tell you a bit about my star ,. most of our cl ients have stor ie s, more dramati c than mine , but I was hit with muscular dystrophy and I lost my 23 year marriage, my dream home, my bus lness ... absolutely everything . I'd applied for Blue and I was on the waiting list. Al that lime I had to gel a lracheostomy . Thal totally noored me . I had all intentions of slay ing in my house for the rest of my life , but they called me and sa id the y had Blue for me . I said I'm sorry, I just can't do ii. They brought him anyhow . The following week , I was gelling up and gelling dre ssed and dr ivi ng lo the tra ini ng center every day . And it's been like that for fiv e years . So, they rea lly do give people the ir lives back. In add ition lo his sk ills , he also gives me confidence . For instance . go ing out in a wheelcha ir al nighl...l wouldn't do lhal withoul a dog . He giv es me that confidence. When I'm ou t in public , people wanl lo talk lo us . When I go ·.vithoul him , they kind of turn away . So it 's a lot of emolional help as well. Bui his normal skills, he 's qulle good at. I will show you a few . This is my transfer boa rd I use ii lo get from one cha ir lo another , like a br idge . I sel in under my rear and slide on ii and that enables me to get in lhe driver 's seal of mi car , in and out of bed . a number of things. However, if I dro p i:, I'm going nowhere . So I will show you what happens since I ha ve Blue . (The dog picked up the board .) Thank you . There was applause . That's one exlreme, she sa id, and that bo ard is very heavy . The other extreme we have is a dim e. (A dime was dropp ed and the dog picked up the dim e.) She sa id good boy . There was applause . With my cond ition, she said , my hands and my o,ms are weak and I drop things about 30 limes a day. Sounds like an exagg eration, but It's not. II keeps him quite busy, and he gets a treat each time , so lhal's why he 's overweight, because he works so hard . And one thing I can 't show you Is Blue does help me gel out of bed in the morning. I can 't go from laying down to sitting up by myself, so he takes a loy and he takes one end, I take the other and he pulls me up out of bed. Without him, I wouldn't evan be gett ing out of bed in the morning . I would have to pay someone $200 .00 a month to come and gel me out of bed . She asked if Blue could take her shoe . (The dog pulled off her shoe and placed II in her • lap .) Blue has really changed my life ... 100%. Now lhat we're movi ng to Englewood, I'm hop ing thal you guys will be seeing people and dogs around a lot , because we're hop ing to come In and do some good for lhe commun ity . Thank you for your time . .. • • • Englewood City Council October 15, 2007 Page 3 Mayor Pro Tam Wood ward sa id thank yo 1J . Ms . WIi son sa id Kathleen started out as a cli ent of ours and then she got on Iha Board . Now she Is the Cha irman of the Board of Directors. So what we 're doing hore ton ight Is we want you to be aware of the kinds of th ings we do In the commun ity . We're hop ing that If you run Into someone with a disabil ity ... and we have cl ien ts from children with aut ism , Down 's Syndrome , muscular dystrophy to musc 1J lar sc leros is, parapleg ics , quadripleg ics ... ! mean, we can help almost anyone . Of every 10 dogs that we ra •c ue through the shelters , 9 don't make It through our program because of one reason or another . Soundness . They might have hip dysplas ia, wh ich is pretty common In bigger dogs . So they are fabulous dogs, with a great temperament. .. bas ic obedience , they are really sma rt, but we're not going to matc h them with someone in a wheelcha ir if they're go ing to go out after a rabb it or a ca t. So , then we adopt those dogs ou t. We don 't re turn those dogs to th e shelter to be euthanized . They make iabulous pet s, so if you need a good dog, we also have a., adopt ion program . So than k you . We couldn 't be happ ier . You guys have a model dog ord inance , as far as we 're concerned . We are very happy to be here . Than k you . Counc il Member Barren ti ne said are there ot he r support serv ices here that mad e you locate here ? Ms . Wil son repl ied that , basica lly, it was the bu il ding we found , an d the en vironment here for ne w busin esses and for peop le that deal with an imals . Council Memb er Barrentine sa id okay . Tha nk you . Ma yor Pro Tem Wood ward sa id th at I wou ld just lik e lo men tion th at your websile , which I ha ve ta ken a loo k at is www .fre edo mservicedog s.org . Th ey al so prod uc e a quarterly ne wsletter , which can be pr int ed righ t off of th e webs ite or I'm sure they probably have a mail ing list also . As a Lions Club member, wh ich supp ort s leader dogs and hearing dogs, I want to welcome you to our community . Mayor Pro Tern Woodwa ,d sa id thank you . (b) Ted Vasilas said I have a store al 3476 South Broadway and I'm here ton ight on beha:! of !he South Broadway Englewood Bus iness Improvement District . First, we would li ke very much to say than k you fo r your support in giving us perm ission to hang the banners along Broadway . They look really nice . At this lime , we have created a large banner that we would li ke to hang across Broadway . We already have filed the perm it with the City . I would li ke to as k the City Counc il to cons ider wa iving the charges fo r the permit. We would lik e to see the banner across Broadway every time there is space availab le. Th is way it will emphas ize the other bus inesses we already have along Broadway . We also , ,ave an open fo ru m meeting this coming Wednesd ay, al 6:00 p.m., downstairs In the Library , in the Anderson Room . You are welcome to attend . We apprec iate your ass istance In th is matter and thank you for your support for the Bu siness Improvement District. Thank you. An y quest ions? Mayor Pro Tern Woodwa rd respond •~ no , I'm sure somebody wilt respond under Counc il Members ' Cho ice at the end of the meeting and we'll go from there. So , if yo u wou ld like to stay around , we will get to It then . Mr . Vasilas said thank you . I appreciate it. Ma yor Pro Tern Wood ward sa id thank yo u. 7. Recognition of Un1cheduled Public Comment (a) Marty Mosman , an Englewood resident , sa id I've lived and worked In Englewood for 50 years. And I'm not here for any campaign ing or any political issues or agendas . I'm hsre on princ iples , my own and the ones that I hold all of you and our leaders responsible for. One reason I've always stayed In Englewood and loved Englewood is because I fell , and I do feel , that our community Is ~uill on honor and integ rity . Well , last week someth ing occurred that I th ink thre tans to disrupt Iha harmony and wall -be ing of our citizens . I bel ieve the different points of view and different ideas are good and make for more thoughtful and wise decis ions . But I want to know what value a smear campa ign , with hall truths and deceit , have in the overall plan for ur City 's Englewood City Council October 15, 2007 P1ge4 well-being . With no regard to the principles or the systems that Englewood has In place to safeguard and govern our community, a few people, It seems , have chosen to take the low road . They have, In effect, accused a lot of our City officials of conspiracy and deceit. They have once again brought up an Issue that has been addressed before , hoping I'm su•e to get the backing of people who are not Informed and who are allowing themselves to be led by twisted Information. The people responsible for this smear campaign are sneaking around at night, trashing District 1, with propaganda flyers . They were P' ,t on fences, on cars, on front doors. and even on campa ign billboards of the opposition , which I believe is aga,nst campaign rules . It is a cowardly act, in my opinion, maybe even more so , by those who designed and distrlbul9d th is Information, neglecting to put their names and phone numbers on the flyers . Well , it happens that I know firsthand , at least who was at least partially responsible I saw this happening wiln my own eyes . In the early morning, about 5:30 a.m .. on October 9th, I was walking my dogs in my ne lghbort,ood ; I live In District 1, when I saw two figures darting in and out of yards ... it wa s still not quite light, and I t~0u: · tat first it might be paper delivery people , but as I got closer I came face to face with Laurett Barrentine and another woman . Seeing me, Laurett mumbled something and darted across the street. Be in g curious, I took one of the flyers from the fence and read, what I could In the semi-light, enough to feel like a sinking feel ing and know It wasn't a good thing. So, I then expanded my walk up to Dartmouth , went a few blocks east, a few blocks west , enough to Iet me know that they 11ad been out very early, in the dark, covering all or at least most of Dis trict 1. I am a little confused. Is La urett r.ioving tu District 17 What is she doing there? Doesn 't she have enough lo do in her own District? Doesn't she know that the issue of Ray Tomasso's residency has been bro"ght up before ... and certainly even before he got into his first City campaign, it was dealt with . Our City Attorney, in ,act, researched and provided information ... all lhe legal information ... necessary to determine that Ra y did not practice deceit, was not doing anything illegal or out of place . Is the City Attorney also going lo be accused of conspiracy and deceit in th is matter? II is kins of confus ing lo me. Who is going to be involved? What is the reason? Why? Why? Why? And also, do we want to talk about voting records? Our Council people ore elected with trust and fa ith lo vote for the betterment of their District. So , to question them and br ing that up, is a negative thing . You know , I don 't bel ieve that is anyone's right except the people in the District. In closing, I wa nt to say that th e time spent in discreditin g another could best be spent improving ones own performance . I, for one , do nol lhink the act ions and accusations displayed by Laurell and her followers are in any way exemplifying my image of honor and integrity for the City of Englewood . I also want to say , that not being a team player and always tak ing the negative road is not cool ... being confrontational and argumentative is not being thoughtful or intelligent . What kind of example is being set for the children in our families ... wln al any cost? If you wo ndoc why I didn 't come here Thursday evecing to that meetin g , I left and was out of town. I left Wednesday ard d idn 't come back until late that night , but It was certainly on my mind the whole lime I was gone. I am ~lad to have this opportun ity to express my concerns and my bel iefs In this . I hope this matter will bo cl ea . •. · Ip, there will be some ap0logies extended and we will revert to acting like adults from hero out. Th ingf. ,Ik,•. ,s often backfi1a and we all should be aware of how these th ings get out of hand and harm th is City that Wil are i,yi ng to protect and promote . Thank you very much . Ma yor Pro Tem Woodward said thank you . (b) Lester Myers , an Englewood resident , said I don't know if you remember that three or four years ago I was in here for , bas ically, the same problem with Police protection and Code Enforcement officers and I had the Police Departm ent in the area there and we had several problems with burglaries and vehicles broken into. I hav3 had , eight limes r•,w In the last four years , windows broken and vehicles broken into. Just lost week I counted three Code Enforcement Officers go by the house ... nol one Police officer ... and when I do call the Police Department with this situation, I find that they tell m~ ii is nut a major criminal offense that I am complaining about, because the vehicle got broken Into and It takes muybe a couple of hours before a Police Officer even sh ows up. By this time the crook Is In Colorauo Springs or Pueblo or wherever, I find that totally unacceptable. I think that they should be a little more noticeable in the neighborhood there. I just wanted to bring this to your attention . I don't know what we can do about it or what can be done. But then, also, t"e other issue is the trash pickup . We have been having some problems there where we have at least four different • • companies, every week, coming up and down the alleys there picking up trash and some of the places don't • even get the trash picked up, because they can 't afford to pay for trash pickup . Then we've even got trucks out on Clarkson Street, which I know at one Council meeting that we were at, they discussed that if there was an alley that all of the trash was supposed to go to the alley. And , we've got people dumpin g it In the street and we 've got people dumping II in the alley also . So I th ink that is another issue that needs to be e Jre ssed . I • • • Englowood City Council Octobor 15, 2007 P1g15 would like to see maybe the City take Into c~nsidaratlon Increasing the taxes Just a llttla bit on property . I hava lived In other areas where I have seen that work real well. I know there are several people who don't agree with lhal , but It Is Just my oplnlo11. And, I know ii dcos work because then everyone's trash gels picked up , because they've only got one trash truck coming up and down that alley every week. And they stop at every house , so you don 't have to worry that that person can't afford to get their trash picked up . So then , the next thing you know , someone Is cal/Ing Code Enforcement because th is guy Is not getting his trash picked up, or whatever . The trash is all over the alley , all over the street or whatP.ver . Again I want to thank you for your time . And if you have any Ideas or suggestions what I can do to help with th is problem with the burglaries , wind ows belno broken and things of that nature , I've set up security camera " and I've set out in my vehicle many a night. .. but of course, it only happens about every six months or every three or four months ... you never know when . I've even documented the days and it doesn't even make a difference if it is a Friday or Monday or Sunday or whatever . But I would like to see better police protection in the area and less Code Enforcement. Thank you . ;,;ayor Pro Tem Woodward said th ank you . (c) Bridget Matuschek , an Engle1 .ood resident , said I am right Inside the City border of Yale . I had the pleasure of talking with Bob Mccaslin today and Jill Wilson and became aware of something that I was very concerned ebout. Every day I drive by the vacant lot there and I am aware that something Is going in there at some point. I was told that it is going to be a fast food restaurant...a Jack-in-the-Box . I feel extremely wronged by that. I feel that we are a young ... certainly a mature City , but we are still young in our development , and we need to have something that says , that this is the beautiful City of Er,glewood. We have a lovely structure there ... the grass art ,culpture ... and I feel that it needs some encouragement. We have plenty of r.ar lots -,d plenty of othe, businesses that perhaps are not as welcoming, but I fee l that there is a real circ le that ple aount businesses , the bu~1nesses perhaps like the music that we have been seeing, the growth of !he musi c businesses around there ... the Irish Pub, the mus ic s1:hool that is right across the street. But I feel t~ .• ,, that is what the City of Englewood needs to start creating ... a circle that brings in young families, it brings i11 people that have children, it brings in people that start support ing our school system that ar~n ·t there . I have two young ch ild ren myself and I feel that we really need to get together to rea ll y lin d something that brings people in . And it is right there ... it is our gates ... and I am afra id I don 't appreciate having another fas t food bus iness to represent our City . I really feel that we need to do something to pre ve nt lll at. And I am not quite sure where to go with it, but I Cflrtalnly will start talking to my neighborhoods abou t 11. And I don 't know that :here is anyth in g that can be done at this point , butt sure hope so . And , I hope for some of your support . So , thanks very much for having me and good luck to you . Marr Pro Te11 1 Woodward said thank you . (d) Matthew Crabtree, an Englewood resident, said I have been a resident of Englewood for about four years now . t wasn't going to bring anything up , butt felt the opportunity that I would like to introduce myself to a lady here . t am Matthew Crabtree . I am beh ind the committee that distributed the flyers . t felt it would be just to stgte our pos iti on on this . I don 't believe that it is a smear campaign . If research was done , information was found ... I don 't really thin k it would be a •mear car,,paign if the in format ion is accurate ;n the flyer . To the best of my know ledge , it was accurate . You know, obviously, I had a large team of vol unt eers working for me . I talked to Lou Ellis and she informed me that there were some complaints . I was not aware that there were any, I guess, questionable actions that happened where the flyers were distributed in places where they shouldn't have been . I do not condone that and I am try ing to figure out who did it. I don 't know If I can fin d that out, but that was not the intent to smear anybody . It was the intent to simply pro vide informatio n to the public and many people didn 't know it . twas confronted by several people in District 1 that walkec. up to me and said , well thank you, I did not know that th is was occurring . So, I ~a · , gotten mixed results from it. And as a citizen of Englewood, I felt that I had the right to stand up and vo ice my opinion and voice my right to distribute information like this . t felt that this was o,1e of the bettor ways to do It. I do have to mention real fast though that smear campaign Is kind of funny when .. somet,1ing funny happened to me actually on Saturday ... that t felt I had to bring up at this point. I was confror,ted by a Code Enforcement Offi cer on my property Saturday morn ing for no .ice that the weeds in my backyard werP too high. In defense of the situation, I had let my backyard gr. because I was intending to build a garag•i, but the funny thing is :hat my weeds have been like that for most of th is yea,. It doesn 't excuse the fact that my weeds were overgrown, yes , I was in violation of the City, but whdt was funny about it, was Just two days after I introduced myself as the person behind the commiitee that Englewood City Council October 15, 2007 Page e dlslributed lhat ffyN , I have a Code Enforcemenl offic ial knocking at my door . Now if you ask me, that Is a llltle bit uncanny. I don't know yel who made the complaint and I will be researching It. Not that it matters . The fact is, yes, that I wes not In compliance with the City Code for the weeds and that will be rectified. I won't fight anything , I simply will do what I am told because yes, I did break Code . But , It is a little funny that something would be brought up at the point that I stand up, voice my opinion and use my freedom of speech and my right to address the community with my concerns , that I would be confronted with a Coda Enforcement official. So, If you ask me , that Is kind of lowdown and dirty, a llltle uncanny there . Now I don 't know for a fact that it was anybody that I had on the flyer or any of that. .. but It seems a little funny . But anyhow, I wanted to apologize to you for my volunteers . I did not know that they did that...that they were distributing flyers In an inappropriate place . I would not have condoned that. I would have told them to take those down , if that was the case . And, by no means was this a smear campaign . It was Just Informing the public of a particular position , a particular view on this election . Thank you . Mayor Pro Tem Woodward said thank you . 8. Communications, Proclamation ■ and Appointments (a) A proclamation declaring November 1, 2007 as National Family Lite racy Day was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING NOVEMBER 1, 2007 AS NATIONAL FAMILY LITERACY DAY . Mayor Pro Tem Woodward asked if there was an)' discussion . There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Barrenti ne , Mccaslin, Moore , Woodward, Tomasso None Council Member Oakley Mayor Pro Tem Woodward asked if there was anyone here to accept this Proclamation this even ;·,g . If not we will make sure that it gets to the proper people 9. Corisent Agenda COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (tt), (Ill), (Iv), (v) and 9 (c) (I). (a) Approval of Ordinances on First Read in g (i) COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF TWO UTILITY EASEMENTS LOCATED AT SOUTH SANTA FE DRIVE ANO U.S. HIGHWAY 285 BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD, COLORADO . (Ii) COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING A "PERMIT -CITY DITCH CROSS ING AGREEMUT" AND A "TEMPORARY CONSTRUCTION EASEW.ENT" FOR A TELECOMMUNICATIONS CABLE ALONG SOUTH SANTA FE LOCATED AT WOLHURST PNC C-470 BETWEEN QWEST AND THE CITY OF ENGLEWOOD, COLORADO . (Ill) COUNCIL BILL NO . 63 , INTRODUCED BY COUNCIL MEMBER MOORE • • • • • • Englewood City Council October 15, 2007 P1g17 A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN "INTERGOVERNMENTI\L AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE' BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES I.ND THE CITY or ENGLEWOOD , COLORADO . (Iv) COUNCIL BILL NO . 64 , INTROOUCEO BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXEC UTION OF AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DENVER INNOCENT IM AGES TASK FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU )' BETWEEN THE FEDE RAL BUREAU OF INV ESTIGATION (FBI) AND THE CITY OF ENGLEWOOD , COLORADO . (v ) COUNCIL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO 'S REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHOR ITY . (b ) Approval of Ordinance s on Second Read ing There were no add itional Items subm itted for approval on second reading . (See Agenda Item 11 .) (c) Resolutions and Motions (i) Mot ion to approve a contra ct with PKM Des ign Group , for architectural des ign and project construction admin islrati~o fo r the Bellevi ew Pa rk pla yground and she lter reno vations in the amount of $64 ,774 .00 . Vote results: Ayes : Nays : Absent: Motion carried . 10 . Public Hearing Items Counc il Members Barrent ine, Mccasli n, Moore , Wood ward , Tomasso None Counc il Member Oak ley No public hear ing was scheduled before Council. 11 . C·rdln ■nces, Resolution and Motion, (a) Approval of Ordinances on First Read ing (I) Community Development Manager Still presented a recommendation to adopt a bill for an ord inance authorizing an Intergovernmental Agreement between the City of Englewood and the Reg ional Tran sportation District for cost sharlrg for operation of the art shuttle through the end of 2007 . He sa id this IGA will prov ide for the continuat ion of t!1e art shuttle s~rvices through the end of the year . You may recall that In May, during the budget retreat , CJuncll was apprised of the situation with the shuttle and the conclus ion of the granl...that funding the operation of the shu!Ue anded In September . Council, at that lime , was comfortable In continu ing the shuttle operation through the end of the year . Th is IGA continues that operation . Also , we will be bringing forward an agreement for shuttle operations through Laidlaw Transit, that will come next month . Also later, before the end of the year, we will also bring forth another IGA that will extend the shutt:a operation through Iha year 2008 . Th is IGA provides for the compensation of serv!,•o i fo, U1 ~ ~huttle through RTD . Most of Iha cost will be carried by RTD . There Is e portion tha t will be pa l(! ;,y the City •lf En ~:~wood . That amount Is roughly $22 ,000 .00 for the balance of this year , which Is already provided for In tne Commun ll y Development budget. Ha asked ~ there were any questions . There were none. Englewood City Council October 15, 2007 Pege8 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SEc;ONDED, TO APPROVE AGENDA ITEM 11 (e) (I) • COUNCIL BILL NO. 87. COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ARr BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD , COLORADO. Mayor Pro Tem Woodward asked if there was any discussion . There was none. Vote reaulta: Mot ion carried . Ayes : Nays : Absent : Council Members Barrentine, McCaslln, Moore, Woodward, Tomasso None Council Member Oakley (ii) Director Fonda presented a recommendalion to adopt a bill for an ordinance approving • a Joint Defense and Confidentiality Agreement between the City of Aurora , the Nor'~ern Colorado Water Conservancy, and the City of Englewood . He said we are involved with litigation with FRICO and it is very expensive. We have since gollen the City of Aurora and Northern Colorado Water Conservancy District to join us in this liligatior .. We will be sharing costs and that will relieve a heavy burden from our efforts . This water transfer is extensive and is one of the largest ever attempted to change agricultural rights lo mun icipal rights and it could affect our rights . This agreement simply says that if we are working together with Aurora and FRICO , that what we exchange will be confidential between the allorneys . II has been reviewed by the City Attorney and we recommend passage . • Mayor Pro Tem Woodward asked if there were any questions for Stu. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 66. COUNCIL BILL NO. 66 , INTRODUCED BY '-JUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED " JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT" BETWEEN THE CITY OF AURORA, COLORADO; THE NORTHERN COLORADO W ATER CONSERVANCY AND THE CITY OF ENGLEWOOD, COLORADO , PERTAINING TO A JOINT DEFENSE FOR THE FRICO/UNITED LITIGATION . Council Member Tomasso said I moved to approve th is due to continual attacks on our waler rights and the need lo defend our water rights. Mayor Pro Tem Woodward asked if there was any discussion . There was none . Vote results : Ayes : Nays: Absent: Motion carried . Council Members Barrentine, McCaslln , Moore , Woodward , Tomasso None Council Member Oakley (b) Approval of Ordinances on Second Reading (I) Council Bill No. 51, approvin g a rezoning request from Craig Hospital for Lots 5-16, • Block 4, Higgins Soulh Broadway Heights was considered . • • • Englewood City Council October 15, 2007 Pagel COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (bl (I) • ORDINANCE NO. 54, SERIES OF 2007. ORDINANCE NO . 54, SERIES OF 2007 (COUNCIL BILL NO. 51 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING THE REZONING OF LOTS 5 THROUGH 16, BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS WHIC~I IS LOCATED IN THE 3500 BLOCK OF SOUTH CLARKSON STREET FROM MU-R-3-B ; MIXED-USE RESIDENTIAULIM I I ED OFFICE-RETAIL DISTRICT TO MU-B-2 ; GENERAL ARTERIAL BUSINESS ZONE DISTRICT. Mayor Pro Tem Woodward asked if there was any discussion . There was none. Vote reaults: MCJtion carried . Ayes : Nays : Absenl: Council Members Barrent ine , Mccaslin , Moore, Woodward , Tomasso No.,e Coun cil Member Oakle y (ii) Council BIii No . 56 , approving the execution of the option agreement to purchase 1,2 70 acres immediately adjacent to our current biosolids application site was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II) • ORDINANCE NO . 55, SERIES OF 2007 . ORDINANCE NO . 5:i, SERIES OF 2007 (COUNCIL BILL NO . 56, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING THE PURCHASE AND LEASE BACK OF FARMLAND LOCATED 25 MILES EAST OF BYERS , COLORADO TO BE USED AS A LONG-TERM , BENEFICIAL USE, APPLICATION SITE FOR BIOSOLIDS PRODUCED BY LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . Mayor Pro Tem Woodward asked if lhere was any dis cussion. There was none . Vote reaults: Mallon carried . Ayes : Nays : Absent: Counc il Members Barren ti ne, Mccaslin , Moore , Woodward , Tomasso None Council Member Oakley (i ii ) Council Bill No . 57, approving the 2007 Mill Levy for collection In 2008 was cons idered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (Ill)• ORDINANCE NO . 56, SERIES OF 2007. ORDINANCE NO . 56 , SERIES OF 2007 (COUNCIL BILL NO . 57 , ll ffRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO . Mayor Pr~ Tem Woodward asked if lhere wa s any discuss ion . There was none . Vote results: Ayes : Coun ci l Members Barrentine , Mccaslin , !Joore, Woodward , Tomasso Nays : None Englewood City Council October 15, 2007 Page 10 Absent: Motion carried . Council Member Oakley (Iv) Council Bill No . 58, adoplin~ !he 2008 l!udget for the C ity of Englewnod was considered . COUNCIL MEMBER TOMASSO MOVEO, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {b) (Iv)· ORDINANCE NO. 57, SERIES OF 2007. ORDINANCE NO . 57 , SERIES OF 2007 (COUNCIL B:LL NO. 58, INTRODUCED tlY COUNCIL MEMBER TOMASSO) AN ORDINANCE A DOPTING THE BUDGET OF THE CITY OF ENGLEW<..,1'1), COLORADO , FOR THE FISCAL YEAR 200 8 . Mayor Pro Tern Woodwa rd asked if there was any discussion . There was none . Vote results : Ayes : Nays : Absen t: Motion carried . (v) was considered . Council Members Mccaslin, Moore, Woodward, Tomasso Council Member Barrent ine Council Member Oakley Council Bill No . 59 , appropriating funds for the 2008 Budget for the City of Englewood COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (v) • ORDINANCE NO , 58, SERIES OF 2007. ORDINANCE NO. 58 , SERIES OF 2007 (COUNCIL BILL NO. 59 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2008, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008. Mayor Pro Tem Woodward asked if there was any discussion . Council Member Barrentine said I will be voting against the budget for th e same reasons that I had before . needs to be a line item. We need to pay attention to the dqtails . I totally disagree with laking 1.5 million dollars and plugging a hole that is still going lo be there the following ye ar . We didn't solve any problem by doing lhal. We onl ,, delayed the problem . Mayor Pro Tem Woodward asked if there was any further discuss ion . Th ere was none. Vote resultr · Ayes: Nays: Absent: Motion carried. Council Members Mccaslin , Moore, Woodw j , Tomasso Council Member Barrentine Council Member Oakley • • (vi) Council Bill No. 60, approving the 2008 Budget for the Littleton/Englewood Wastewater • Treatment Plant was considered . • • • Englewood City Council October 15, 2007 Pege 11 COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (vi)• ORDINANCE NO . 59, SERIES OF 2007 . ORDINANCE NO . 59, SERIES OF 2007 (COUNCIL BILL NO . 60, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON /ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2008 . Mayor Pro Tern Woodward asked ii the.re was any discuss ion . There wa s none . Vote reaults : Motion carried . Ayes : Nays : Absent: Council Members Mccaslin . Moore . Wood ward . Toma sso Council Member Barrent ine Council Member Oakle y (vii ) Council Bill No . 61 , appropri ating funds for th e 2008 Budg et for the Littleton /Englewood Wastewater Treatment Plan t was consid ered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (vii)· ORDINANCE NO . 60, SERIES OF 2007 . ORDINANCE NO . 60. SERIES OF 2007 (COUNCIL BILL NO . 6 1, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON /ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2008 . AND ENDING DECEMBER 31 , 2008, CON STITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2008 . Mayor Pro Tern Wood ward asked if th ere wa s any discus si on . Th ere was non e. Vote results : Ayes : Na ys: Absent : Motion carri ed. Counc il Members Mccaslin , Moore . Wood wa rd , Tom asso Counc il Memb er Barrent ine Counc il Member Oakley (c) Resolutions and Motions (i) Director Gryglewi cz presented a recommendal ion from the Department of Finance and Admin istrat ive Serv ices to adopt a resolution creating a Long-Term Ass et Re serve Fund . He said th is re solution creales a Long-Term Asset Reserve in the General Fund . This item has been discussed al our budget retreat fa irly extens ively . The language was draft ed and there was ongo ing discussion and I beli eve that there may be also another change toni g1·'. Council Member Moore st .' I w;II move Agenda Item 11 (c ) (i) with the following amendment. I submitted re vised language that fil r ider the Se ction 1, part of the Resolution , In Study Sess ion. The City Clerk has the language wh ich just rewo ; essentially what Is there . As you all know , I very much support the creallon of this Reserve , if nothing else, · ,. the sake of allowing us to make very con~c ious decisions about the use of our long - term asset , including the . •.,1scious decision we made by consensus lhls budget session to supply anolher 1.5 million dollars in Bridge F-, ·,ds for the 2008 budget. The creation of this Reserve will pro vi de very tra ns parent track ing ,,: when we do uli,,,!e those funds ... bolh for th is Council and hopefully for many future Counc ils . Englewood City Council October 15, 2007 Page 12 Council Member Moore amended the resolution to read : "The City Council of the City of Englewood , Colorado has determined that funds from the sale , lease , or earnings from long-term assets should be used In a careful , jud icious and strategic manner . For this reason , City Council hereby authorizes the creat ion of a Long Term Asset Reserve Fund (L TAR), and funds rece ived from the sale , lease, or earnings from long -term assets shall be reserved In the LTAR Fund . The funds in this restricted account can only be expended if the funds are appropriated in the anr.oal budget or by supplemental appropr iation ." COUNCIL MEMBEF. MOORE MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)• RESOLUTION NO . 90 , SERIES OF 2007 , AS AMENDED . RESOLUTION NO . 90. SERIES OF 2007 A RESOLUTION CREATING A LONG -TERM ASSET RESERVE FUND (LTAR). Mayor Pro Tem Woodward asked if there was any discuss ion . There was none . Vote results : Motion carried , Ayes: Na ys: Absent: Council Members Barrentine , Mccaslin , Moore , Wo odwa fd, Tomasso None Council Member Oakle y (ii) Director Gryglewicz pres enled a recommendation from the Department of Finance and • Aci ministrative Services to adopt a resolution transferring the rema ining proceeds from th e Golf Course Lease to the Long Term Asset Reserve Fund . He said !his is a transfer of $1 ,986,000 .00 from the Public Improvement Fund , which is the remain ing funds from the Golf Course Lease , less the 1.5 million dollars in Bridge Funds , to • the General Fund Long Term Asset Reserve . Council Member Moore said I would like to move Agenda Item 11 (c) (ii) wi th a ve ry minor am endment. Because we di dn't ha ve thi s Fund in place in time for the budget, it wasn 't th ere to operate like I hope it will in the fulure . So, as Frank has outlined , these are the remaining funds . What I would like to do in the 3'' Whereas paragraph , the parenlhetical ... just replace it to add a little more clar ity , such that ii says "(net of the 1.5 million in Bridge Funds approved for transfer to the General Fund as part of the 2008 annual budget)". So aga in, since we are just making that 1.5 million that Frank mentioned and plac ing it into the Resolution . COUNCIL MEMBER MOORE MOVED , AND IT WAS SECONDEC., TO APPROVE AGENDA ITEM 11 (c) (II)· RESOLUTION NO . 91 , SERIES OF 2007, AS AMENDED. RESOLUTION NO . 91 , SERIES OF 2007 A RESOLUTION TRANSFERRING FUNDS FROM THE GOLF COURSE LEASE TO THE LONG TERM ASSET RESERVE FUND (L TAR). Mayor Pro Ten1 Woodward asked if there was any discussion . There was none . Vote resu lts : Ayes : Nays : Absent : Motion carr ied . Counc il Memb ers Barrentine , Mccaslin, Moore , Woodward , Tomasso None Counc il Member Oakley (i ii / Director Gryglewlcz presented a recommendation from the Department of Finance and • Adm inistrative Ser vi ces to adopt a resolution approving the appropriation of funds In the Donors Fund for Children's Serv lr ~s. He said this is a supplemental appropr iation of $7 ,086 .84 in the Donors Fund and the use of thos e funds wilt be for the Library 's Children's Serv ices . These funds were originally collected to offset the co st of the Bookmob ne. As '::ouncil Is aware , the City no longer has the Bookmobile, so we have no wa y to • • • Englewood City Council October 15, 2007 Page 13 expend lhem for thel orig lnel purpose . So , It was discussed and determ ined lo use these funds for Library's Children 's Services . Mayor Pro Tern Woodward asked If there were any questions for Frank . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ill)• RESOLUTION NO . 92, SERIES OF 2007. RESOLUTION NO . 92 , SERIES OF 2007 A RESOLUTION APPROPRIATING THE MONEYS IN THE DONORS FUND TO BE USED FOR LIBRARY PURCHASES RELATED TO CHILDREN 'S SERVICES . Mayor Pro Tern Woodward said I just wanl 10 make the comment lhal I'm pleas ed that these are for the Ch il dren 's Services al the Library and I hope that they will be shared with and promoted with the schools , lhal they are there . Mayor Pro Tern Woodward aakad if there was any other discussion . Council Member Moore Hid I don 'l lh lnk we mentioned lhal th is was also the recommendation from the Library Board , correct? Mr . Woodward sa id that Is correct . Mr . Moore said thank yo u. Council Member McCHlln said be ing an educator and using the Library probably once a week , I do appreciate what Mr . Long has done for the Library in bringing in quality stuff and I think ii will ·,e great for the library and for the Children 's Serv lc11 . Thank you . Council Member Toma110 sa id I believe these funds were donated for the Library for the purpo se of lhe Libra ry lo spread the uae of books and literalure,and that this would be an app ropriate fund for those donat ions , lo direct them and lo final ize their expend iture . Mayor Pro Tern Woodward asked if there was any further discussion . Th ere was none . Vote re■ulte: Mot ion carr ied . Aye s: Nays: Absent: Counc il Members Barrenti ne , Mccaslin, Moore, Woodward, Tomasso None Council Member Oakl ey (iv) Director Gryglew icz presented a recommendation from lhe Department of Finance and Admin istrative Services to adopt a resolution approving changes to the City o, Englewood Volunteer Firefighters Pension Plan . He sa id this change that is being considered is an add itional death benefit of $500 .00 for retired volunteer firefighters . At th is po int in time , there are three existing retired volunteer firefighters . The cost of this change la $1,500.00. Mayo r Pro Tern Woodward asked If there were any quest ion s for Frank . There were none . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS c ;ONDED , TO APPROVE AGENDA ITEM 11 (c) (Iv)• RESOLUTION NO . 83, SERIES OF 2007 . RESOLUTION NO . 93 , SERIES OF 2007 A RESOLUTION APPROVING Ar-I INCREASE IN DEATH BENEFITS FOR THE VOLUNTl::ER FIREFIGHTERS PENSION PLAN. Meyer Pro Tern Woodward as ~ed If there was any d'scuss ion. There was none . Englewood City Council October 15, 2007 Page 14 Vote rHulta: Ayes : Nays: Absenl : Motion carr ied . Council Membera Bonenliue . McCa1lln , Moore . Woodward, Tomasso None Council Member Oakley (v) Olreclor Fonds preaenlod a recornrnendnIIon from lhe Uhli l lea Oeperlmenl lo approve , by molion, awarding lhe bid for e Flocculation Sed lmonlotlon Bn 11n AccoH Monorail and Ho isl syslem lo lhe lowesl ecceplab le bidder . COM Con1lruclora . Inc . In lhe arnounl ol $01 .355 00 . He said we ere recommend ing lh is b6sause ii Is very difficull and somewhe l dengeroua for poop le lo gel down In lhere lo do lhe repairs . The y have lo QO down ladders and II Is 21 feel deep . Th ia ho ls l would have a buakel lhal would lower people and equipmeni and malerlals down In lo make lhe repa irs . We lhlnk 11 la a good bid. We budgeled $70,000 .00 and would recommend lhe award lo COM Conslruclors In Iha omounl ol $61 ,355 .00 . Mayor Pro Tem \\/oodward asked ii lhere were any quo shons I Siu . Council Member Mccasli n sa id lhis is for lhe prolecllon , bas lcnlly ol lhe workers , cave-ins and so lorlh? Direclor Fonda said yes . Mr . Mccaslin sa id oka y. Thank you . Mayor Pro Tem Woodward said I have a ques lion . COM Enginee rs end COM Con slruc lors , are lhey differenl ? Oireclor Fonda said one Is a subsid iary ol lhe olher, I bel iev e. Mr. Woodwar d sa id okay . Oireclor Fonda sa id COM Conslruclors has bid on COM Des igns and lhey have boll1 won lhem and losl lhem . They are jusl anolher conlraclor bid ding . Mr . Woodward said okay . Mayor Pro Tern Woodward asked if there was any further discussion . There was none . COUNCI!_ MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v ) • AWARDING THE BID FOR A FLOCCULATION SEDl '.l'IENTATION BASIN ACCESS MONORAIL AND HOIST SYSTEM TO THE LOWEST ACCEPTABLE BIDDER, COM CONSTRUCTORS , INC ., IN THE AMOUNT OF $61,355.00 . Council Member Tomasso said lhe low bidder was $5 ,000 .00 less lhan lhe olher bidder. Vote reaulta: Mot ion carriFtd . Ayes : Nays : Absen l: Counc il Members Barren l ir.e. Mccaslin , :.,,acre, Woodward , Tomasso None Counc il Member Oakl ey (v i) Dlre clor Fonds presen :ed a recommenoslion from lhe Ul il ilies Deparlmenl lo approve, by molion , lhe conlrecl for an lnlerceplor Siph on Vaull Lid replac,-menl. Slaff recommends awarding lhe conlracl lo lhe lowesl acceplable bidder, Welsh Conslrucl ion, in Ine amounl of $54,000 .00 . He said lhis is a very large melnlenence 11am on Iha large inlerceplor sewer ... before II enlers lhe Waslewal er Trealmenl Planl al Dartmoulh II goes under Iha creek In an lnverled siphon and on bolh sides !here are large vaulls thal we use lo access . These veulls ere gelling old and worn oul. They lea~. so lhey could produce odors and , slruclurally , we need lo replace lhem . The new ones will be expensive oeca :,se lhey are exlremely heavy duly aluminu m lo support lrucks end 10 forth lhel would dr ive over lhem . We bellevb i ne bid of $54 ,000 .00 is a good bid . II will come oul of lhe mlacellaneoua repair s budge! for lhe so Hor ul lli ly. Mayor Pro Tern Woodward e1ked If !here were any quesllona for Siu. There were none . • • COUNCIL MEMBER TOMAIIO MOVED, AND IT WM SECONDED, TO APPROVE AGENDA ITEM 11 (c) • (vi) • THE CONTRACT l'OR AN INTERCEPTOR SIPHON VAULT LID REPLACEMENT TO WALSH CONSTRUCTION, IN THI! AMOUNT OF SM,000,00 . Mayor Pro Tern Woodward asked If lhere wes any discussi on • • • Englewood City Council October 15, 2007 P1g115 Council Member Tomasso said the low bidder wes $16 ,000.!!0 below the other bidder . Voll raaulll: Ayes : Nays : Absent: Motion carried . 12 . G1n1r1t Dlacuaalon Council Members Barrentine, McCaalln, Moore, Woodward , Tomasso None Council Member Oakley (a) Mayor Pro Tam's Choice (i) Mayor Pro Tam Woodward sa id prov ided in our packet tonight Is a resolution providing for the appointment of a new Council member to fill the balance of the remaining term of Olga Wolosyn, which would have ended on November 19, 2007 . In accordance with the City Charter, Council is to appoint a replacement member within 30 day,; nf the Incapacitation of a Council member, which In Olga's case was September 22"'. At the October 1 • ~,udy Sess ion , a sub -committee of John Moore and I were selected by consensus to nominate qualified and acceptable citizens as Ms. Wolosyn 's replacemanl . We talked to and selected three qualified, respected and honorable individuals in our commun ity who are willing and able lo serve for a short period of time . We have selected Mr. Kells Waggoner, a former Council member that served for 8 years and a past City employee of 26 years . I would entertain a motion on a resolution lo ~ppoint Mr . Waggoner to jc,in us and se rve out the remainder of Olga 's term . (Clerk's note : This was listed on the Agenda as llem 12 (b) (i).) COUNCIL MEMBER McCASLIN MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 94, SERIES OF 2007 . RESOLUTION NO . 94 , SERIES OF 2007 A RESOLUTION APPOINTING KELLS WAGGONER TO THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . Mayor Pro Tem Woodward asked if there was any discuss ion . Council Member Moore said I just want to make sure ii is clear for the record . Kells is my father-in-law .. .l will not be abstaining tonight, because It does not create a conflict of Interest and anyone who knows Kells , knows his service to the City long precedes my involvement. So, hopefully there will not be a perception of any problem there. As Jim indicated , just for the record , I would like lo say I would have preferred to have left Olga's seat vacant for one more mealing, but we need to do this . So , I appreciate all of our volunteers that were willing to step up and do this for us . Mayor Pro Tom Woodward said I would like to relay Council Member Oakley's regrets that he was unable to attend tonight's mealing. In his stetement to me , he would have been pleased and honored to make the motion of this selection of Mr . Waggoner . Mayor Pro Tem Woodward asked If there was any further discussion . There was none . Vo:, rHults : Ayes : Nays : Absent : Motion carried . Council Members Barrentine, Mccaslin, Moore, Woodward, Tomasso None Council Member Oakley Mayor Pro Tam Woodward said congratulations Mr . Waggoner and please stay after the meeting . Englewood City Council October 15, 2007 P■ge 11 (II ) Mayor Pro Tam Woodward said In our packets was a memorandum from Eric ller1oluul , Che irman ,f the Cultural Aris Comm ission , communicating the Cultural Arts Commission 's unenimou1 recommendation to City Council to accept the Museum of Outdoor Arts plans for t~e placoment of a 1culpture In memory of Mayor Olga Wolosyn ,In the piazza area near the fountain at CityCenter . MCA 11as be~n working with the City eng ineers on the placement and the liming of the work that is required to install th is piece and a picture of the piece w11 provided to us at our last meeting on October 1" by Cynthia Madden Leitner . It 's my underatand lng that MCA has Iha rights , per their agreement with the City, to place sculptures in the piazza . I would Ilka to see if there Is e consensus among us to allow MCA to place the sculpture in Olga 's memory . He 1eid Is there any discussion regard in g th is? Is there a consensus that allows for th is sculpture to be placed in Olga 's memory? MAYOR PRO TEM WOODWARD MOVED, AND IT WAS SECONDED, TO ALLOW MOA TO PLACE THE SCULPTURE IN OLGA'S MEMORY IN THE PIAZZA . Mayor Pro Tam Woodward asked if there was any further discussion . Th ere was none . Vote rHult■: Motion carried . Ayes : Nays : Absent : Council Members Barrent ine , Mcca slin, Moore , Woodward , Tomasso , None Council Member Oakley (Ill ) Mayor Pro Tem Woodward sa id I want to acknowledge our Human Resources Department, espec ially Karen Ma in who once aga in has been honored . this time by the National League of • Cities for the City,wlde computer coaching network . Karen will be presenting information on the program al the • NLC 2007 Showcase in New Orle ans on November 14-16 . You wi ll recall that the coaching network has previously been recogn l,ed by the Mounta in States Employer's Council as a Best Practice and by the International Publ ic Management Association Human ReKurces at its Western Region Conference . (Iv) Mayor Pro Tem Woodward sa id a: a presentat ion at the ACE me etin g last week , wh ich took place at Kent Place at University and Highway 285, ii was disclosed at that presentation by the Micro Business Development Group that was doing the presentelion , that they had named the re volving loan fund for their small bus in esses , the Olga Wolosyn Revolv in g Loa n Fund , to honor Olga's commitment to th e creative arts community in Englewood . As a side note, Kent Place has o very impressive model of Pha se 1 of their project and model residences within the ir offices and stated that 11,ey were 30% pre -s old on Phase 1. And they also mont ioned that Iha higher end stuff ... which is prelly high end ... were the first things to be selling . M Mayor Pro Tem Woodward said I would like to apologize to the Englewood Herald , the League of Women Voters , the cand idates and anyone that I may have offended by pass ing out some literatu re In the room regarding Ray's residency after the Candidates Forum on Thursday evening . This was against the rules of the Fo ru m . I reacted in anger after reali1i1g the same mater ia l set out for the public had been completely removed by someone unknown . Aoaia , my apologies . (b) Counc il Members' Choice (I) Council Memoer Barrentine said Marty, I am so g1ad you brought this subject up . As a citizen of Englewood , I certainly ha,e an opporton lty to support anyth ing Iha\ I would like in the City . The City is important to me . I em not beh ind the ... although I do get cred it for a lot of things , most of them aren 't my do ing , but sometimes I don 't mind getting credit . There was a young man , a citizen of District 1. who a couple of meetings ago after hav ing a conversation with C~uncit Member Tomasso himself, became enraged at what ho later found out was Ray telling him that he doesn ·, live in his District. I don 't li e for anyone ... not anyone ... not on • this Council , not for my son ... l don't lie for them . I have hed over the lest three years numerous people coming to me wanting to have something done about Ray's outwa rd admiss ions, constant admis slons ... some of them on the record and being asked to be removea later, and I told lh•m. you know , as a Counc il person , I wou ljn'I do that. And a citizen , a 25 year old man, who made a decision lo follow lhrough on what he felt was someth ing • • • Englewood City Council October 15, 2007 Page 17 lhal was egregious and Inappropriate and a vlolallon of our City Charter and he asked for my help and I walked with him, along with 10 other people . I believe what I said to you when I saw you Ma11y was, good moming, because I was just as proud of what I am doing ... ! d~n·t hide ... and I don't think the truth needs to. The City Attorney has nol verified lhal Ray Is telling the truth . He has only acknowledged and clarified for us what residency means . The infonmation Ray Is providing him is not accurate . I don't think the City Attorney has ever said thal he has validated lhal Ray is telling the tMh ... only clarifying whal our City Charter says . I vole my consc;~oce and I ·•ote for a lol of things that I think are good , bul I will not vote for snmelhlng jusl lo go along wilh the m 1jorlly. That Is Inappropriate . Thal Is not proper represenlalion , lhal was nol whal I was elected to do and that is not what I will ever do . And, I lhln k thal prelty n,uch sums it up . I'm sorry that Ray put pee te in this position. Alter the forum ... just to tell you a liltle story ... after the forum he came up and he confrontea m, Iha ,,tory that I heard from this young man, he welcomed to talk lo him because he was al the fornm . He has stood u., 'or what he did . He has been ,,ccountable. He offored Ray that he would let the whole thing go if Ray would just take him there and show him a toothbrush , a change of clothes and where he was sleeping ... he would take ii all back and Ray walked away . That was an offer that he made . He is standing by what he did . I am proud as a citizen to have supported his effort and I have every rigt I to do that in any place in Englewood that I can . I did nol do this act as a Council member , nor did I have anytloing to benefit from it except to support a citizen lhat I thought was brave enough lo finally stand up . (ii ) Council Member Mccaslin : 1. He said as long as we are on Ray . We received , as a Council, an e-mail. I am going lo read it verbatim , I am not changing any words , but it was to Tom Vandenmee . It is a request. It will be in our packets hopefully . But ii says: "I am very upsel al having a flyer shoved inlo my vehicle while back ing out of my driveway lhis morning . The so-caller1 concerned Englewood citizens do nol have lhe righl lo deface his signs . They laped these flyers over his signs. I do nol approve of smear campaigns and it is very sad Iha' the citizens of District 1 stooped to these measures . I would like to know who is doing lhis so my family can avuid lhem in the neighborhood . We have lived here over 15 years . The Greiner Family". And lhat is all I ha ve to say about that. 2. He said Sunday, I, as a Councilman , and a concerned cilizen of our churches here atlended the 100 year celebration of Englewood Bible Church . Righi now they are going lhrough some modifications of their ehu ·ch , but lhey are greal people . It was a packed house . I talked to the paslor and whal a greal guy . II was so neat to see those people show up . My blessings go oul lo this church an d thal they recover from some of lhE adversity lhal lhey are having now. I am sure lhey will , because they are grea l people . 3. He said I would lik ~ !o lhank lhe citizens who showed up tonight. Thank you very much . (iii) Council Member Tomasso : 1. He said I would like to move thal Iha Cily waive Iha penmit fee for the BID , and allow lhem to pul up lhe banner when space is available , so thal we can markel the downtown area and help lhem lo markel it, since they have faith in banners and if wa have a blank lime in the banner schedule , it would be very appropriate to have a banner welcoming people to lhe Clly of Englewood and to vlsll our businesses, restaurants and our service people and use our services and find oul what a good town this is. What a great place to do business, lhe lriondliness, lhe availability of parking and all things that seem to be lacking In some of our neighbors to the north . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED TO WAIVE THE PERMIT FEE FOR THE BID TO PUT UP A BANNER . Council Member Mccaslin asked what is the fee, how much is the fee? Mayor Pro Tern Woodward said I had asked ... Rlck would lmow . Director Kehm said $150 .00 . Mayor Pro Tern Woodward said $150 .00 and It Is my understanding lhal lhe cost of just labor, not Including the truck and all the other things that go along with that, Is about $60 .00 . Mr . Kehm sa id yes . Englewood City Council October 15, 2007 Page 18 Council Me rrber Barrentine said If you do what they are requesting and change it over at the lime ... I mean if one goes down and another goes up ... is there still the same amOL ,nt of fee? Director Kahm sa id Lauretl, you are con-ect. If we are putting that 11p while we are takin.; others down, then the cost of that is bas ically negligible. M$. &wentine said so if you u n coordinate it when It is an open time with them then we really wouldn't be losing ;;nyth ing . Mr. Kahm sa id tt,e y mentioned they would lik e to put it up when there is an ava ilable time, so we v,ould always be coord inating lhat way . Ms . Barrentine said okay. Mayor Pro Tem Woodward sa id I think ii is a great idea . I th ink that anything that helps promote Englewood businesses and , as Ray said. services and stuff is good for all of 11s . Mayor Pro Tem Woodward asked if there was any more discussion on tha t. There was none . Vote resulls: Ayes : Na ys: Absent: Motion carried . Counc il Members Barrentine , Mccasl in, Moore, Vv'oo,Jwa rd , Tomasso None Council Member Oakl ey Director Kahm sa id thank you . I will pass ii along lo the BID tomorrow. 2 . He sa id as Bob said, we attended the 100" Anniversary of the Englewood Bible Church . Having passed • the Resolution . I thought I should attend . They did a really nice ceremony. And what I have here is the letter asking for the Resolution and talking about their ce le bration and the program . They put together a liltle 100" Anniversary booklet describing lhe history of their church and 2 CDs recording the vi nyl records the y had with their choirs . They would like to present that to the Libra ry for the historical collection, so that in the future when • someone wants to look at lhe development of churches and religion in Englewood , they would have this set of documents lo work from . Also , it is kind of interesting to read the history book while playing the CDs . There were a lot of people there that hadn't been there for 50 years. that had sung in the choir in the 1950s . It was really a positive experience. Everybody was look ing forward lo being together al a reunion and be ing happy to see one another . 3 . He said on the budget. ts you may know, or may not know. each Council ~!ember receives a $50 .00 a month stipend to use as they feel they need ... be that cnnlribul ing lo charily. coverins cell phones, covering gasoline , whatever they use ii for, except for alcohol, alcohol is kind of a prohibited ilt ·"" .. al this point , by the ~;;d of October , according to this memo dated October 3, 2007, we have gone lhroug 1 .-.ine monlhs ... which would have been through September ... the discretionary fund we each would have spent ,:as approx imately S450 .00. One of the Council members is at S661 .47 as of October 3''. I would ask them to possibly write a check tonight ll ,imburse this Fund, because this Fund , by the end of November, should be no g,eater than $550 .00. There are some members of Council that have not spent a dime. There are some that have spent money for educational purposes lo attend conferences . but the over expenditure at this point of $661.47 is outrageous . And I think beyond an accounting error, and I believe :i1at Council member , this evening , should write a check to pay those costs back and prevent the staff the embarrassment of asking to garnish their wages . So that sa id, I believe the Council member that is responsible for that will take care of that this evening . 4 . He said as for Mr. Crabtree ... ! feel that. you know, go ing all month and growing 6 foot weeds ... somebody is bound to see a 6 foot weed . Unfortunately, I did not contact the Code officials . It would have been very appropriate I th ink to have contacted them , but I did not contact the Code officials . They may have just been doing their job . 5. He said for those of you who have received the letter questioning my residency, there was a response published in the Englewood Herald under Letters to the Editor last week . If you would like a copy, I have a copy • up here. Thank you . 13 . City Manager's Report • Englewood City Council October 15, 2007 Page 11 City Manager Seara did not have any matters to bring before Council . 14 . City Allomey'e Report City Attomey Brotzman did nol have any matters to bring before Counc il. 15 . Adjournment TEM WCODWARD MOVED TO ADJOURN . The meeting adjourned at 8:46 p.m . .. ,.L .. Ll .. ~~~: __ , -~