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HomeMy WebLinkAbout2007-11-05 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Sa11lon November 5, 2007 1. Call to Order The regular meeti ng of the Englewood City Counc il was called to order by Mayor Pro Tern Wood ward at 7:40 p.m. 2 . Invocation The invocat ion was giv en by Council Member Ba rren ti ne . 3. Pledge of Alleg l1nce The Pledge of Alleg iance was led by Mayor Pro Tern Woodward . 4 . Roll Call Present: Absent: A quorum was present. Also presen t: Counc il Members Tomasso , Moore , Barrentine, Oakl ey, Mccaslin, Waggoner , Woodward None City Manager Sears City Attorney Brotzman Deput y City Manage r Flaherty City Clerk Ell is Deputy City Clerk Bush Director Long , Library Econom ic Development Coord inator Holl ingsworth, Co mmun ity De velopment Director Black , Parks and Recrea tion Director White , Commun ity Development Manager of Recreatio n Hultberg, Par ks and Rec rea tion Recreation Programs & Fac ili ty Superv isor Anderson , Parks and Recreation Police Commander Watson , Safety Serv ices Fire Div ision Ch ief Pattarozz l, Safety Serv ices 5. Con1lderatlon of Minutes of Previous SeHion (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBl:'it 15, 2007 AS AMENDED . Mayor Pro Tern Woodward asked If there was any discuss ion . An amendment was made by Council Member Tomasso, correcting a word on page 18, second pa rag raph , It should read "v inyl " not the vital records . Meyer Pro Tern Woodward asked If there Wdre any other modifications . There were none . Vote re■ulta: Ayes : Nays : Motion carried . Council Members Barrentine , McCasll n, Moore, Woodward, Waggoner, Tomasso , Oakley None Englewood City Council Nov1mb1r 5, 2007 Poge2 6. Rocognltlon of Schedulod Public Common! There were no scheduled visitors . 7. Recognition of Un1ch1duled Public Comment (a) Frank DeHoff, an Englewood res ident , sa id I have a fence , lo fence my yard in, but dogs come on lo my property, and gentlemen , lhey leave some lhings that are just about completely gross . It Is hard to get out there and even clean them up , somet imes. I know we ha ve a law that says you should have a pooper scooper and so on and so forth , but a policeman can 't do much unless he sees th e evidence . Well , I th ink we oughl to change that a llttl e bit. Let's change it so that if you are wal ki ng your dog and you don't have your pooper scooper. you get a ticket. And make the fine so that the people would remember it. .. lalk about it with their 11eighbors . because there is no real reason for that. And, I am just gelling to the point where I am quile dis gutled w ilh it and th e ne xt time I cor.otl, I am go ing lo br ing samples . So , than k you . Mayor Pro Tern Woodward sa id th .in, you . 8 . Communications, Proclamations and Appointments The re were no communicat ions , proc lamations or appo intments subm itt ed for approval. 9. Consent Agenda (a) Approva l of Ord inances on First Read ing There wer e no item s submitted for approval on first reading . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA 17EMS 9 (b) (I), (II), (Ill), (Iv), (v), (vi), (vii) and 9 (c) (i). (b) Approva l of Ord inan ces on Second Reading (i) OrtDINANCE NO. 6 1, SERIES OF 2007 (COUNCIL BILL NO. 54 , INTRODUCED BY COUNCIL MEMBER MOO"E) AN ORDIN ANCE AUT HORIZING THE VACATION OF TWO UTILITY EASEMENTS LOCATED AT SOUTH SANTA FE DRIVE AND U.S. HIGHWAY 285 BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ENGLEWOOD , COLORADO . (ii) ORDINANCE NO. 62 , SERIES OF 2007 (COUNCIL BILL IW . 62, INTRODUCED BY COUNCIL MEMBER 1'1OORE) AN ORD INANCE AUTHORIZING A "PERMIT -CIT Y DITCH C ROSSING AGREE M ENT" AND A "TEMPORAR Y CONSTRUCTION EASEMENT" FOR A TELECOMMUNICATIONS CABLE ALONCl SOUTH SANTA FE LOCATED AT WOLHURST AND C-470 BETWEEN QWEST AND THE CITY OF EMGLEWOOD , COLORADO. (iii ) ORDINANCE NO. 63 , SERIES OF 2007 (COUNCIL BILL NO. 63 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING AND AUTHORIZING T HE EXECUTION OF AN "INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK FORCE" BETWEEN • • THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD, • COLORADO. (iv) ORDINANCE NO. 64 , SERIES OF 2007 (COUNCIL BILL NO. 64 , INTRODUCED BY COUNCIL MEMBER MOORE) • • • Englewood City Council November 5, 2007 Pege 3 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERN MENTAL AGREEMENT ENTITLED "DENVER INNOCENT IMAGES TASK FORCE (DENVER IITF) MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) ANO THE CITY OF ENGLEWOOD, COLORADO . (v) ORDINANCE NO . 65 , SERIES OF 2007 (COUNCIL BILL NO . 66 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "JOINT DEFENSE AND CONFIDENTIALITY AGREEMENT" BETWEEN THE CITY OF AURORA, COLORADO; THE NORTHERN COLORADO WATER CONSERVANCY AND THE CITY OF ENGLEWOOD, COLORADO , PERTAINING TO A JOINT DEFENS!: FOR THE FRIGO/UNITED LITIGATION . (vi) ORDINANCE NO . 66, SERIES OF 2007 (COUNCIL BILL NO . 67 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART" BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD , COLORADO . (vii) ORDINANCE NO . 67, SERIES OF 2007 (COUNCIL BILL NO . 68 , INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO 'S REPRESENTATION ON THE ROCKY MOUNTAIN RAIL AUTHORITY . (c) Resolutions and Motions (i) RESOLUTION NO . 95 , SERIES OF 2007 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 26, 2007 THROUGH SUNDAY , DECEMBER 9, 2007 . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Woodward , Waggoner , Tomasso, Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordln1nce1, R11olutlon and Motions (a) Approval of Ord inances on First Reading There were no items submlt:ed for approval on first read ing. (b) Approval of Ordinances on Second Reading There were no additional Items submitted for approval on second reading . (See Agenda Item 9 • Consent Agenda .) Englewood City Council November 5, 2007 Page4 (c) R11olutlon1 and Motion, (I) Eccnom ic Deve lopment Coordinator Ho\llngsworth presented a recommenda tion from the Community Development Department to approve, by mot ion , the South Broadway Englewood Business Improvement Dlslrlct Operating Plan and Proposed 2008 Budget. Ha said pursuant to State Statutes , the South Broadway Englewood Business Improvement District subm itted their Proposed 2008 Budget and Operat ing Plen to the City Clerk on September 27th. State Stat ute requires that the munlclpallly review and approve th is document before the State deadline of Decembers•. This agenda Item Is a recommendation for Council to approve , by motion , the South Broadway Englewood Bus iness Improvement District's 2008 Budget and Operating Plan . Thank you . Mayor Pro Tam Woodward asked if the re were any quest ion s for Darren . Counc il Member Waggoner sa id in your budget message on Page 2, und er number 2 .. I don 't understand the Emergency Fun ... 11 probably should say Fund not Fun . Darren sa id yes sir, this document , that Is submitted, is put together by the BID ... Soulh Broadway Improvement Distr ict . I will make sure that they have th is clarified in their records . Tl,al is correct , ii should not be Fun , ii should be Fund ... with ad. Mayor Pro Tem Woodward as ked if there was any other discuss ion . The re was none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND PROPOSED 2008 BUDGET . Mayor Pro Tam Woodward asked if there was any discuss ion . There was none . Vo te results:· Mot ion carried . Ayes : Council Members Barrent ine , Mccasli n, Moore , Woodward , Waggoner , Tomas so, Oak ley Na ys: None (i i) Manager Hultberg presented a recommendation from the Parks and Recreation Department to approve, by motion, a bid for additional filtration al Pirates Cove . Slaff recommends awarding this bid lo CEM Sales and Service , the sole bidder , in the amount of $110 ,327 .00 . He said as Council may remember, it was In the Spring prior to Pirate s Cove open ing that at Study Session we discussed the clarity problem that we have been experiencing in the le isure pool . Although the clarity of the pool meets all the Stale Standards , we weren 't rea lly satisfied with It and we thought by improv ing that , we could improve safety. So , we have tried various th ings with various Improvements ... slight Improvements . One was ... our pool ccnsultant recommended ultra violet sanitation and pcssible add itional filtration . We tried the ult ra violet san itation and it is great for sanitation , but the clarity of the pool showed very slight impro v&ment th is year . So we would like to go ahead with the add itional flllratlon to gel It just as clear as we poss ibly can . Mayor Pro Tem Woodward asked if there were any questions for Gary . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ti)· A CONTRACT WiTH CEM SALES AND SERVICE FOR ADDITIONAL FILTRATION AT PIRATES COVE IN THE AMOUNT OF $·110,327.00 . • • Mayor Pro Tem Woodward said for discussion I would just like •.o note that CEM Sales and Service Is a local • vendor , so I think that ;s nice that the money Is staying right In the commun ity and we had approve ,:l $150 ,000 .00 for th is and you have come In al $110,327 .00, so that Is great. Mayor Pro Tem Woodward asked if there was any other discuss ion . There was none . • • • Englewood City Council November 5, 2007 Page 5 Vote reault ■: Motion carried . Ayes : Council Members Barrenline , McC•slin , Moore , Woodward , Waggoner , Tomasso , Oakley Nays : None (Ill ) Director Wh ite presented a recommendation from the Commun ity Development Department to approve a resolulion authorizing the transfer of funds to South Suburban Park and Recreat ion District in the amount of $437 ,500 for the pu rchase of the Oxbow property. He sa id this item concerns the Platte River Oxbow property acqu isilion . We discussed it qu ite extens ively in the Study Sess ion upsta irs prior to the meeting . But just to reiterate , what Is be ing done by th is Resolution Is three things . Number One : It delegates the funds authorized for the purchase of the property to South Suburban Par k and Recrealion District. Number Two : It authorizes the Cit y Manager and Finance and Adm inistralive Serv ices Director to tra nsfer $437 ,500 .00 for purchase of the property and Number Three : finds that the Ord inance approving the purchase ag reement to be vo id. To re iterate some background inforrnalion , the ord inances that were approved concern ing this propert y acquis ition contemplated tha t the Cit y would hold lill e to the Oxbow prooerty ... the piece that is in the City of Englewood . The approval of that ordinance and the Trust for Public Land conveying the lease agreement to the current owner was not acceptable or the owner was not able to live up to the environmental requirements that we re contained in that lease agreement . So, Trust for Publ ic Land looked for another publ ic entity to ho ld lille to the property and that has turned out to be the South Suburban Park and Re creat ion District. They will ta ke title to the property . The City's financ ial comm itment to th is acquisit ion does not change by adoption of th is resolulion . The ordinance that approved the purchase agreement , to which was attached the lease agreement , becomes void by adopt ion of th is resolution. And finally , th e County Atto rn ey's Offi ce has is sued an opin ion that the IGA between the City and Arapahoe County does not need to be amended for South Suburban to take title of th is property . Staff is recommending approval of this rosolulion and I will answer any quest ions that you may have . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill) - RESOLUTION NO. 96, SERIES OF 2007 , RESOLUTION NO . 96, SERIES OF 2007 A RESOLUTION VOIDING ORDINANCE NO 45 , SERIES OF 2007 AND TRANSFERRING FUNDS FOR THE PURCHASE OF THE OXBOW PROPERTY . Mayor Pro Tem Woodward asked If there was any discussion . Counc il Member Barrenline sa id yes , I j•·;t want to make a c•Jmment that I had a lot of concern . This is previous to moti ons that were passed and Jim has been deal ing wit~ th is a long time .. .for th is to come bacr in such an emergency, so it was a huge concern for me that Englewood had some concerns about the env ironmental issues and no t wan ling to take liab il ity. I am grateful that South Suburban was . But also to just make sure that the agreements ... lhat South Suburban agreed to rezon& that, that they would be do ing the maintenance on the property , that they have agreed that while we are taking title and we are transferring ou r funds over to them, that they will mon itor that property for as long as that leas e holder is on there and that , that lease holder , if he violates any of the env ironmen tal issues on the property , will be ta ken off of that property . Than k you . Mayor Pro Tern Woodward asked If there was any other discus si on . There was none . Vote reault ■: Ayes : Nays : Mo ti on carr ied . Council Members Barrentine, Mccaslin , Moore, Woodward, Waggoner, Tomasso, Oakley None Mayor Pro Tern Wood ward said thank you Alan . Englewood City Council November 5, 2007 Page 8 Direclor White said thank you . 12. General Dl1cu11lon (a) Mayor Pro Tem's Choice (i) Mayor Pro Tern Woodward sa id lhe calendar art rec.;;;:::, ~nd awards was held last Thursday evening for the arl work that is displayed out here on the second floor, by the kids .r,d .!udents in the Englewood Schools and in ne ighboring schools for our calendar for 2008 . Le igh Ann and Englewood ,:..4, put on a very nice reception with some awards for all of the kids . There was a pretty good turnout and It was a iuo time . (ii) Mayor Pro Tern Woodward said the EHA senior affordable hous ing building at Penn syl vania and U.S . 285 has broker, ground and is und erway. They are actually looking al having a forma l ground breaking ceremony on the 16th of this month at 2 o·clock. (iii) Mayor Pro Tern Woodward said on Saturday I attended the Englewood Education Foundation Fall Fling, which was held right here in the Community Room and in Hampden Hall. I think it was a great success for the Foundation an,; for the kids in Englewood Schools . Thank you . (b) Council Members' Choice (i) Council Member Barrentine : • 1. She said I just want to thank the Library Board for the five year Strategic Pian that they worked on • presented to Council at the Study Session tonight. Th ey utilized th e information that the y were given from the Customer Survey and they have come up with some pretty good id eas . 2. She said I want to also thank South Suburban, not only for wo rk ing on the Oxbow issues, but also for addressing the problems with potential closures of the tra il while they are worki ng on the new Sherida n Mall. I know that they have gotten some questions and I appreciate that they were so prompt in addressing them. (ii) Council Member Moore: 1. He said I will make the following motion to establish the salaries for the City Manager, the City Attorney and the Municipal Judge COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 97, SERIES OF 2007, RESOLUTION NO . 98, SERIES OF 2007 AND RESOLUTION NO. 99, SERIES OF 2007, RESOLUTION NO. 97, SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NO. 98 , SERIES OF 2007 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. RESOLUTION NJ. 99 , SERIES OF 20ll7 A RESOLUTION i':STABLISHING THE ANNUAL i..:.LARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEW0 OD, COLORADO. • • • • Englewood City Council November 5, 2007 P1917 Mayor Pro Tem Woodward asked If there was any discussion on these . Council Member Barrentine said I will not be voling for the increases . When you put these In lhere ... respecllvely ... based on our population, we ara now paying lhese three people the highest amounts of money, I believe , In the Slate , per caplta ... $182 ,220.00 for the City Manager, $151 ,840.00 for the City Attorney. And while the Municipal Judge is elected and ha is the only one In Iha State elected ... maybe that should be something that Iha citizens also laka care of ... lhis pay increase . As It stands now , the $117 ,520.00 , I can 't agree lo lhal because the process that we are us ing and per caplla for these people lo be pa id the highest In the State Is not appropr iate . Council Member Moore sa id I will nola too that the Increases this year are consistent with the increases we used for the City staff In genera l. .. outs ide ,•.he un ions . I believe those raises were consistent wllh the rest of the City employees . Mayor Pro Tem Woodward said I would agree with that. And I would also like to ment io n that the City Manager and the City Attorney both have been with Englewood for some tim e. I know Gary has over 37 years of experience , has won th e Leo C. Ri,,thmayer Award from CU as Top Adm inistrator of the Year in 2002, is working on the National Pub lic Adm1a is trators ... the credibility al the National level for City Managers and Public Administrators and Dan is Past Pres ident and Secretary and lhe current Treasurer for the City Attorneys within the Slate of Colorado . I think we are very fortunate to have two very talented indiv iduals .. .in clud ing Vince on our staff. I am very pleased to have them here . Council Member Mccasli n saia I would like to say, havi ng attended several conferences in lhe lasl couple of years, there is the utmos t res pect among othe r cities and the recogn iti on of Dan and Gary have throughout our State is impeccP.bl<1 . If you go to these conferences and tal k lo these peop le , you would be just so proud of lhese people . So , I definitely lhink lhey deserve as much , if nol more , than wha t we are giving them . Thank you . Council Member Barrentine said I would li ke to correct one thing . My statemenl has nolhing to do wilh any lac k of respect for these gentlemen or for their work , but we are still only a community of 34 ,000 people and to put them in the same ball par k with commun ities thal are 300,000 people , which are also full service communities, wh ich also prov ide a lol of se rvices and have we ll recogn ized people as well ... is In my op inion , inappropr iale . We are a small lown and thal comes wilh certain limitalions as well ... financially . I meant no lack of regard for eilher of you for the job you do , please understand that. Thank you . Mayor Pro Tern Woodward asked if there was any olher discuss ion . There was none . Voto reaulta: Ayes : Council Members Mccaslin , Moore , Woodward , Waggoner , Tomasso , Oa kley Nays: Council Member Barrentine Motion carr ied . [Clerk 's note : These three resolutions ware listed on the Agenda as items 12 (b) (i), (ii) and (iii ).) 2. He sa id, whether it is a motion or consensus , I would like for Counc il to ma ke a donation to Englewood Arts on behalf of Olga . That t wher ~ her husband has asked for donations lo go in her memory. I still belie ve that Council will do someth ing more pe {'Tlanent at a later date , bul just to honor Jim Doty's request , I would like for Council to make that donation . We've got the funds In the Council budget...wa have adequate funds . I will suggest a donation of $250 .00. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO GIVE $250.00 TO ENGLEWOOD ARTS IN OLGA'S MEMORY • Mayor Pro Tern Woodward asked If there wes any disc uss ion . Englewood City Council November 5, 20C7 Page& Council Member Tor,asso sr,1d to that $250 .00 , I would add some of the excess money I haven 't spent this year towards that and raise that to $300 .00 . Mayor Pro Tern Woodward sa id okay , any further discuss ion . Counci l Member Moore said that is fine ... that is fine by me . Mayor Pro Tern Woodward said we have an amendme nt to move it lo $300 .00 . Please vote en thal. Vote results: Motion carried . Ayes : Council Members Barrent ine , Mccasl in, Moo re, Woodward, Waggoner , Tomasso , Oakley Nays: None !i1! Council Member Oakley said in our packet two weeks ago we received begin r:i ng planning up <,;.,!•·• , ,,, <r., 4th of July . I am glad lo see the staff is start ing on this im med iately and the oth,·• cities seem to be ;-,,,.,.<l ,u p•,rticipate ... especially the $5,000.00 comm itment by Arapahoe County , wh ich is welcome and I hope to _.• more or this com ing along . Mayor Pro Tern Woodward sa id thank you . (iv) Counc i: Member Tomasso said I also attended the Calendar Art recept ion for the • students that were recogn ized as final ists for the competition . I th ink ii is an event that more citizens should attend . II is one of the nicest things that I think the City does for the kids in the City . You see those kids gel up there, they have their name tags on , they are being recognized and they gel lo talk about what they have done . • II is just a wonderful even ing . Le igh Ann gel some really great donations from Jerry's Artarama for kids . Frame De Ar , malled the pieces out in the hallway and ABC Framing framed the winners . So , I think, ii was a general over ail com ing together of lhe arts community , that is part of our business community and how they respect what the kids are do ing ,ind how ii ballers how peop le look al our community . I think the calendars are a rna ily outstanding presentation of what th is City is ail about . Thank you . (,) Council Member Waggoner said I will probably set a record for the shortest lime on Counc il. I would just like lo say I apprec iate the opportun ity. Thank you . Mayor Pro Tern Woodward said we are glad lo have yo u here . Counc il Member Moore said if I may note . II is kind of ni ce lo slop and acknowledge that this is Kali's first opportunity to sit in this Chamber as a Council Member . He has been here for P and Z before . He served a very vital service in that he served on the Council that had the vis ion that brought the City Center . I guess he is the most Senior member at the moment...with 8 years and one day . (There was la ughter). But having the opportunity to sit in the Council Chambers that you were very instrumenta l in creating , I am glad , ail things ,ons idered , to have that opportunity . You got to sll here and see It from this side . Thank you . Council Member Barrentine said while the circumstances surround ing it were not pleasant for anyone, I rea ·'.y appreciate that you took thJ time to br ing your exper ience forward and to sit in end fill that vacancy for th is period of time ... no matter how short it Is. II was In compl iance wllh our Charter, It was necessary and we were lucky that somebody with your experience ... 8 years and one day ... would come and fill th at position . Thank you very much for your time . Council Member Waggoner said thank you . 13 . City M1n1gor'1 Re110rt City ~!anager Sears did net have any mailers to bring before Counc il. • • • Englewood City Council November 5, 2007 Paget 14 . City Attomey'a Report City Attorney BrotzmAn did not have any matters to br ing bofore Council. 15. Adjournment EM WOODWARD MOVED TO ADJOURN . The meet ing ad journed at 8:09 p.m. ~~'-fl •