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HomeMy WebLinkAbout2005-04-18 (Regular) Meeting Minutes• • • I. Cull to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Sessi on April 18, 2005 The regular mee ting of the Englewood Ci ty Counci l was ca lled 10 ord er by Mayor Garrett at 7:35 p.m. 2. Invocation The invoca tion was given by Counci l Member Barrentine . 3. Pledge or AUcglance The Pledge of All•!gianec was led by Ma yor Garrell . 4 . Roll Call Present: Absent : A quorum was present Council Members Tomasso, Moore , Barrcn1inc , Garrett. Bradshaw, Wolosyn. Woodward None Also pr~nt: Assistant City Manager Fl ahcny City Auomcy Bro tzman City Clerk Ellis Records Man.igc mcnt Clerk Kelly , Finoncc & Admin istrative Serv ices Direct or Ol so n, Safe ty Servic es Battalion Chief Pctau , Safety Services Police Lieutenant Sanche z, Safety Services Hous in g Finance Specia list Grimmcu , Community Dc vc lovment Director Fonda , Uti lit ies Direr.tor Simpson, Communit y Development 5. Consideration of Minutes of Previous Session (a) COUN CIL MEMBER WOLOSYN MOVED , AND IT WAS SECONDED , TO APP ROV E THE MINUTES or THE REG ULA R CITY COUNCIL MEETING or APRIL 4, 2005 . Mayor Garren asked if 1herf' were co rrect ions or changes. Cou ncil Member Woodward said I have one change on page 9, the last se ntence .. "the Task Fo rce voted 4 to 6", I be li eve tha1 should have been "4 10 2". If I sa id •·4 10 6" I apologize . Counci l Member Bradshaw sai d th at's ri ght . Council , by consens us, acce pted th e change . Vote results: Ayes: Nays : Abstai n: Co unci l Members Bnrrcn ti nc. Bradshaw, Garrell , Wolosy n, Woodward . Toma sso None Counci l Member Moore Englewood Clly Council A prll 18, 2005 Pogc2 Motio n carried and the mi nutes \,·ere approved as corrcc 1cd . 6. Recognition of Scheduled Public Comment There we re no sc hed uled vis it ors. 7. Recognition or Unschedu led Public Comment (a) Gera ld Wcs1 , 2890 South Ogden , said I am back about the sa me thing ... 1he concrete . You aske d th ose guys 10 negotiate with mc ... hc came out to the house and he dictated , he told me wha t I was go in g 10 do ... no negotia tion . He said he won 't negotiate . The house down on lhe corne r or Coro na and Botcs ... Harry Recmc . he threatened him the same way he threa tened me, by licnin g the propc ny. suin g and then doi ng so me work and th en se nding it down for Arapahoe County to collect it on the raxe~. Harry had that done ... he paid , and I wanl every one of you to come down there and take a look at the new concrete. There ha s only been one snow storm since. Take a look at the go uges in there . That is wh at I'm ta lking about. Wh y should the individual s iu Englewood have to pay for these ope rators that lear it up ? That 's th e employer's respo nsibility. isn't it? Then . my neighbor as ked mc ... he sai d what kind of sc am is Englewood got go in g. and I said, what do yo u mean John? John said we ll I called down there, I wanted to get a leg itimate con tractor, one Ih a: is licensed, bonded and everyt hin g, by th e Stale of Col orado, 10 come out and repa ir my drain , because wh en he drives out , that drains in hi s driveway and his car bottoms out if he hits that. He talked to Larry Nimmo and Larry Nimmo wouldn 't give him the name of a co ntractor ... sai d he hnd to do it. .. it had to come through Larry Nimm o. He had 10 do the building nnd everything. Now if you have been in constructi on ... tha1 is just a nest fo r kickbacks and gratu itie s, wh ateve r you want. And that 1s exactl y what it is. And I think it is abo ut time to stan looking at some of the employees here in Englewood ... gening th is straightencct out, because I don 't thir\:: the indi vidua l resident here should pa y for th e lousy work th at is being don e. That is wh o.t I've got 10 say. Mayor Garren said thank you very much. Mayor Garrett said to Ac;sistanl City Manager Fla herty, if you could check on which employee went to speak with Mr. Wes!, check th at corner and then get back 10 Coun cil, we wou ld appreciate it In res ponse 10 Council Member Bradshaw. Mr . Wes 1 sai d th ey put th e new concrete in al lhe southwe st co mer of Bale s and Corona . Th e drain is on Ogden Street. 8. Communications, Proclamations and Appoinlmcnls (a) A proc lamation decl aring lh c week of May I through May 8, 2005 as Da ys of Remembran ce in mem u,; of 1he viclims of the Holoca ust was cons id ered. COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF MAY I TH ROUGH MAY 8, 2005 AS DAYS OF REMEMBRANCE IN MEMORY OF THE VICT IMS OF THE HOLOCAUST. Mayor Garrell as ked 1f 1hcre was any disc ussio n. There was none . Vole resu lts: Ayes: Coun ci l Mr.:mbc rs Barrentine. Moo re. Brad shaw. Ga rrell , Wolos yn. Woodward, Tomasso Nays: None Mo1ion carried. 9. Consent Agenda (a) Appro\'al of Ordin :m:cs on Fi rs! Reading There were !lO addi ti onal i1cms submiucd for approva l on fir st read;ng:. (Sec Agend a he m 11) • • • • • • Englewood City Co uncil April 18, 2005 Page J COUNCIL MEMB ER ORADSHA W MOVED , AND IT WAS SEr.ONDED, TO APPROVE CON SE NT AGENDA ITEMS 9 (b) (I) and (JI). (b) Approval or Ordin ances o n Second Reading (i) OR DINAN CE NO . 13, SERIES OF 2005 (COUNCIL BILL NO . 8. INTRODUCE D BY COUNCIL MEMB ER BRADSHAW) AN ORDINANCE AP PROVING AND AUTHORIZING THE EXECUTION OF THREE INTEROOVERNMENT AL SUB GRANTEE AGREEMENTS (C DBG) FOR THE YEAR 2005 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMM ISSIONE RS AND THE CITY OF ENGLEWOOD , COLORADO. (ii) ORDINANCE NO. 14 . SERIES or 2005 (COUNC IL BILL NO . 9, INTRODUCED BY COUNCIL MEMB ER BRADSH AW) I AN ORDINANCE APPR OVING A TEMPORARY CON STR UCT ION EASEMENT AND A CITY DITCH CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO , AND MICHAEL P. DRYER FOR THE INST ALLA Tl ON OF A FENCE ENCROACHING INTO THE CITY OF ENGLEWOOD 'S EASEMENT AT 4901 SOUTH LIPAN DRIVE. Vote results: Motion c11CTicd . Ayes: Co uncil Members Barrentine, Moore, Brad shaw, Garrett, Wolosyn , Woodward , Tomasso Nays: None (c) Resolutions and Motions There were no ad ditio nal resolutions or mo ti ons subm itted fo r approval. (Sec Agenda Item 11.) I 0. Public Hearing Items No public heari ng was sc heduled before Council. 11 . Ordinances, Rcs,..luUon and Motions (a) Approval o r Ordinances o n First Reading (i) Housing Spec ialist Gri mmcu pre se nt ed a recommendati on from the Communily De vel opment Dep:inmc nt to approve a Bill fo r an Ordinance aut horizing the execution of an lntergove mm enl al Agreement with Arapahoe Community Co llege fo r th e Arca Career and Technical Sc hoo l fo r 1he sc hoo l year 2005/2006 to construct a si ngl e-fa mil y resi dence at 2350 Soulh Zuni Street. Co unci l Member Brad shaw asked whi ch lot is thi s? Ms . Grimmett sai d 1hi s is go ing to be one of th e two newl y created lob ;!,at arc to the north of the existi ng si te of the property a nd it is go in g to be the more nort hern of the two lots ... th r.1 address is 2350 and the othe r lot is 2360, which we will do the fo ll owi ng year. So we arc reqccsting that Counci: enter into anot her agree me nt so we can exte nd o ur partner!.hip with Arapahoe Comm un ity College and the ir Bui!,:1ng Trades Program to have another site for them to be able to build beginni ng wit h this nex t sc hool year ... startin g roug hl y in Au gust/Septe mber 2005 and then comp letin g by nex t May 2006, for a silc that we will build there. It will , typically, be a single -fa mily home like we ha ve done in th e pas t. We alrea dy have a des ign that has been picked out a nd wc arc wor king on finalizing that design now . Co uncil Member Bradshaw said there wa s a question as to whe re the desig ns co me from ... now that's also a high sc hoo l stude nt. Ms. Gri mm ett sai d exactly. Traditiona ll y there is ano ther class th at I be li eve is out of thei r architect ural drawing clus s ... so dependi ng on the num ber of st udent s that arc in 1hat class, th ey arc given the project Eng le wood City Cou ncil April 18, 2005 Page 4 of deve loping a home that roughl y mee ts our paramc 1crs of 1200 to 1400 squa re feel, th ree bedroo m. two bat h wi th a two-car garage. And then they desig n this on their ow n ... crc:uin g their ow n noo r plans. Then there is a review th at is held by Steve Ozbu rn of our staff, plus She rri Wylie who is 1he ge nera l con trac tor that we hire on the site, plus 11 co uple of oth er tea chers . The y review 1hosc plan s and th en one is se lec ted as the win ner. Then we bring all the plan s back to our department and th e staff in Comm un ity Develop ment also reviews th ose pl ans 10 co ncur or to req ue st change s and modifi ca tions in th e plan s befo re th ey arc finalized . But so for we've usually app roved the winning noor plan . So it should be ni ce , They arc all uniq ue. They 11.re all different. The students ge t a great opponun ity to see their origi nal designs built So hopefully , ii also se nd s th em on to a budding arc hitect ural ca reer. Counci l Member Bradshuw said 1hank you fo r answeri ng that . Mayo r Garre tt as~ed if there we re any oth er questi ons for Ms . Grimme tt . T h, re were no ne . COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I)· COUNCIL BILL NO. 10. COUNCIL BILL NO . 10, INTRODUCED BY COUNC IL MEM BER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNM ENTAL AGREEMENT BETWEEN ARAPAHOE COM MUNlTY COLI.EGE/AREA CARE ER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY J\ESIDENCE AT 2350 SOUTH ZUNI STREET. ENGLEWOOD, COLORADO . Ma yo r Garrett as ked if there was any discuss ion. Th,;;re was none. Volt results: Motion carried . Ayes: Nays: Council Members Banentine, Moo re, Bradshaw , Garren, Wolo syn, Woodward . Tomasso None (ii) Housing Speci alist Grim mett presen ted a recom mendation from the Communit y De ve lopment Departme nt to app rove a bil l fo r an ordi nance auth or izing the sale of 237 7 West Wesley Ave nu e in Englewood . Ms. Grim me tt said 2377 West Wesley is th e projec t that we are co mpl eting thi s yc:i r. so we are requestin g Coun ci l's authoriution so we ca n se ll that prope rt y and be ab le to market it and then we can return the fund s back into our Fund 46 and begi n cons tructio n of n1.,l t yea rs project. Council Member Bradshaw said what price range ... do you have any idea? Ms. Grimm ett sai d I am still work ing on trying to find out exac tly what our Iota\ costs ore go in g 10 be . There arc still so me expenses that we ha ve, but it will probably be some where in th e 225 to 25 0 tho usa nd doll ar range ... I am guessi ng. That should cover our costs and probab ly wo uld be aro und the top of 1i1e market fo r that nei ghborhood fo r a new home. Council Member Bradshaw sai d it is an out sta11 din g home. If yo u ha ve n't had n chance, drive up to Zuni, take a right on Wesley and it is !he ser.o nd house on the north side. It is outstandi ng. Ms. Grimmett sa id we ,,,,11 also be hos ting an Ope n Mouse, which you should all re ce ive invirntion s to. The stud ents wi ll be doi ng an open house. I be lieve it is May I l lh in the afte rnoo n whe re they wil l tradit iona ll y have their fami lies come and eve ryo ne wi ll be invited 10 1our th e final compl eted homc ... so, a co uple IT ure weeks. Mayor Garrett sa id I wa nt to conc ur with Be v. Fo r a small er house , it is qu ite unique . It is rea ll y re markable wha t 1hosc studen ts have done. "Is. Grimmett said that too was n stud ent drawn fl oo r plan . COUNC IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROV E AG EN DA ITEM II (a)(II) • COUNCIL BILL NO . II. • • • • • • Eng le wood City Co un cil A~rll 18, 2005 P11ge 5 COUNC IL BILL NO. I I, INTRO DUCED BY COUNC IL MEMB ER BR ADS HAW A BILL FO R AN ORDI NANCE AUTli OR IZING TH E SALE OF A SING LE cAM IL Y RESIDENCE AT 2377 WEST WESLEY AVEN UE PUR SwANT TO THE INT ERGOVERN MENT AL AGREEMENT bEl'IVEEN THE CITY OF ENGLEWOO D AND ARAPA l·IOE CO MMUNIT Y COLLEGE/AREA CAREE R AND TECHNICAL SC HOOL. Mayor Ga rrett asked if 1hcrc wa s any disc uss ion. There was none. Vote results: Moti on carried. Ayes: .Council Members Barrentine . Moo re, Brad shaw, Garren, Wc.:osy n, Woodward, Tomasso Nays: None (ii i) Director Fo nd a presc n1cd a recommendat io n fr om the ULilities Department to approve th e Intergovernmental Agreement (TGA) between the City of Englewood and the Arapahoe Co unt y Sc hool District No. I for the MS4 Stormwat cr Permit. Mr. Fonda said tl,c City of Englewood has to have an MS4 Stonnwater Permit covering all of it s bo undari es and the School District also has to have one, but ir we take them under our permit , th3.t reall y help s them out in that they don't have to go through all of th e things th at yo u ha ve 10 go through in se llin g up co nd itions of the pcnnit. Some of the things that arc required under our permit. .. lhe sc hool di strict can help us with . so we reached thi s intergovernmen tal agreement whereby we will be the pcrminec and they will, within their district bou ndaries, be re sponsi ble fo r what they have to do as far as stonnwater req ui rements, but they will be able to co me under our permit and not have to deal directly with the State . Mayor Omen asked if there were any questio ns for Mr. Fonda. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SEC ONDED , TO APPROVE AGENDA ITEM 11 (a) (Ill) -COUNCIL BILL NO. 12. COUNCIL BILL NO . 12. INTRODUCED BY COUNC IL MEMBER WOLOS YN A BILL FOR AH ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENG LEWOOD. COLORADO AND ARAPAHOE COUNT Y SCH OOL DISTRICT NO . I FOR A MS 4 STO RMWATER PERMIT. Mayor Garrett asked if the re was any discussi on. There was none . Vote res ults : Motion ca rried . Ayes: Counc il Mem bers Barren tine , Moo re. Brnd shaw . Ga rren . Wolosy n, Woodwa rd , Tomnsso Nays : None (b) App ro \·al o rOrdin:mct " un Seco nd Rc :i di1 g There were no adJi tio nal items su bmilled fo r approva l on s-:co nd reading . (See Age nd a Item 9 -Consen t Agenda .) (c) Rc!lolut ions and Moti ons (i) Oircc.!or Simp so n prese nted a reco mme nd ati on fr om the Co mmunity Dev elop me nt Departm ent to approve, by motion . two con tra cts for professional ser vices with De vel opment Resea rch Pa rtn ers to l ) anal yze pri mary ;obs and bu sines s clu sters. and 2) anal yze the re1ail sec tor in EnglcwQC'ld . The proposed co ntrncts arc in th e amo unt of$69,900.00. I-le s:ud 1hc info rm a1ion prcStnted 10 yo u lonight ha s been •J 1sc ussed with yo u b S1udy S<:1.s ion on March 14ui and . approp ria1cly , we also had ii fo rwa rded to the ACE Commiuec for rev iew r 11 Englewood City Council April 18, 2005 Page 6 April 7111 • In that Committee . it was reviewed nnd sup ported 10 proceed wilh 1hc work. The bott om lin e on th is is 1ha1, consistent with the Econo mi c Devclopmcn1 Strategy that was passed ea rl ier thi s year, there 1s a whole. se rie s of aclion nnd work tasks that nee d to be co mpleted . Probably the primary task of Economic Di:ve lopmc nt today. :md one of the mo st important tasks , is provisio n of information. The goal of these two contracts is to help improve the ability for Englewood to respo nd to th e business and development community . First in the retail sec tor, whi ch, as you kno-¥, is most imporumt to provision of service,: in thi s co mmunity, we arc go ing to be taking 11 strong look at thost ••usinc ss arc 1S where we arc missing retail businr.sses and seeing if we can figure 0 111 ways to better meet those mi ss ing ·oids ... for example, women's so ft goods rc1aile1 :.. That would be an area where there is an obvious ne.ed in our locn l economy . Two, is the business industry clusters . TI,is is nn impnrt :rnt area because, from our stan<I 1int, trying to figure out areas wher..: business 10 business industries ,:an be greater supported incre ases jobs and in :ases the ability for those people to be able to spend money. either th ro ugh bu si ness or in their househ olds in this commun ity . An citample in 1his arr.1 ... when the Sports Authority moved into this community we were able to sta rt seeing other employers, vendors of Sports Authority like Niki , Adidas • all moving in . We also sec other areas where there is an imponanl business to business sector going on and that is in the medical community . And, we saw some of that occurring when we saw the opening of the Elati m~:ical fa cility earlier thi s year . So. those arc th e kind of areas that we are looking to try 10 figure out more indu stry ch ,stcrs and try to work toward s movi ng towards getting that going . I think that Economic Development really is., business of value added. Our job is to provide value added services to the businesse s and if we arc able to go out and do the work for them , that makes their decisions mu:h quicker and much more effective. So, I am requesting that you approve these two contracts. Mayor Garrett asked if there were any question s for Mr. Simpson. There were none . COUNCIL MEMBER WOLOSYN MOVE!>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I). TWO CONTRACTS FOR PROFESSIONAL SERVICES WITH DEVELOPMENT RESEARCH PARTNERS TO I) ANALYZE PRIMARY JOBS AND BUSINESS CLUSTERS, AND 2) ANALYZll TII E RETAIL SECTOR IN ENGLEWOOD IN THE AMOUNT OF U9,900.00. Motion carried. Ayes: Council Members Barrentine, Moore , Bradshaw , Garrett , Wolosyn, Woodward , Tomasso Nays : None 12 . General Discussion (a) Mayor's Choice Mayor Garrett did nol have :ioy mutte rs to bring before Council. (b) Counci l Members' Choice \i) Council Member Barrc:uinc : 1. She sai d I wan ted to follow up on :he Community Dcvelopmenl pi ece, but I wa nt ed to congrat ul ate the Kallas brother s fo r their purchase of the property that Fra lelli 's used to have. Their pro perty has been open fo r a long time . They arc one of the top fo ur or fiv e, depending on what review you rea d, restaurant:; in Co lorad o for either the category of s1eakhouse or 5280 did a suburban re staurant. It is nice to have lh at kind of ene rg y and in vestment here in Englewood and for 1hem 10 lak e on 1hat prope rty is really exci ting. They ar,: look ing nt opening. hopefull y, in August They ha ve alrea dy come and arc starting th e proce ss for thei r li quo r li cense. I'm sure we wi ll be gelling a report on how you are work ing with them and what kind of ass is1ancc you are giving them. So we can turn wha1 truly is a blighted arc :i into so mething that is productiv e and viable again. So congrn 1ula1ions go out 10 them again . They ha ve taken on a lot of wo rk with that properly . • • 2. She sai d I al so wanted 10 thank the Code Enforce ment Board fo r their hard work and in coming to Ci ty Cou ncil and prcsc n1in g th eir unanimous deci sion to request a morator ium on the trailer sec ti on of the in ope rable • veh icle. It was sa id th al we were goi ng to be stud yi ng that at th e nex t Stud y Sess ion. I assume that we will put so methin g on for th e next Cit y Cou ncil mee ting. so th en we can have so me input or so me decisions will be made on ,, hcthcr we arc gomg lo proceed with that. • • • Englew ooc' City Council April 18 , 200S l'oge 7 3. She saic. I want ed 10 lhank so me Ci1y staff that have bee n wo rki ng wi1h Posit ive ly Eng.kwood. We had a mee ting on a Thu rsday and on the next day we were ab le 10 have a meetin g and pu t toget her all the nccesr:.,y process . Th at all owed us to go ahead and ape r. a bank accom11 and wor k wi th th e Ci ty on th e fuu d ra ising project th at , .; are doing to estab li sh a sc holarship program fo r the Recreati on Ce nt er, so that yout h 18 and unde r ca n g,1 ahead an d access our wonder ful Parks and Recrea tio n Dc p,1rmcnt and progra ms. Steve Dazz io, wi th ac co untin g. did a wonder ful job and of course. Jerre ll Blac k. Ga ry Hu ltbe rg and Bob Spada . I just wanted 10 sa y thnnk yo u and th ey worked very we ll with Positi ve ly Englewood"s trea surer ... Anna Mur ie. I also wa nt ed to say th at we arc loo ki ng to do 11no1her small er project and I wa nt to th ank Jon Cook fo r laking 1he ti me to exp lore gelling a bi cycle donated so 1h01 we could go ahead and do some program with the Jul y 4111 festiv iti es in Bell evi ew Park. I am wo rking with Nancy Pe1 erson on th.ti and she is very exci ted abo ut some of th e ideas. We arc tryi ng to look at some fu ture things and I am very exc ited about everybody in th at group . I am very ha pp y to be associated with it. (i i) Council Membe r Brad shaw : COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECOND ED, TO APPROVE aELA Y FOR LIFE SPONSORSHIP AND AUTHORIZATION OF USE OF CITY LOGO IN PUBLICATIONS. Mnyor Garrett ru,kcd if the re was an y di sc ussion. Th ere wa s none. Vote results : Mot ion carried . Ayes: Co uncil Mem bers Barrentine, Moo re, Bradshaw, Garrett , Wolosyn, Woodward. Tomasso Nays: None [Clerk 's no 1c : lhi s wa., li Slcd as ile m number 12 (b) (i) on 1hc Agcndo.] (iii) Council Member Tomasso said I had a conversati on wi th Stephamc Steinberg the other day abo ut Englewood supportin g the Co lorndo Clean Indoo r Air Act. l would like to brin g 1ha1 forw ard and sug gest th at we suppo n thi s le gislation. Mayo r Garrett sa id th is is the legislatio n 1h01 would ban smok in g in most pu blic fac ilit ie s, is th at corrccr: !his had been rai sed and we passed it o ut to Co uncil for our co nside rat ion ... wheth er we wa nt to enco urage, basica ll y, 1he lcg islo.1ure tc, pas s th:u legis lati on. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO SUPPORT THE CLEAN INDOOR AIR ACT. Mayor Garrett asked if the re was any di scuss ion. Council Membe r Barrenti ne said I have so me co ncern s abo ut the agend a that so me or these groups have. This is a lega l prod uct. We have a lot or concern s go in g on \1 ith the tobac co money and on buying and doin g th ose 1hi ngs. Whil e I do n't smoke and I don't support an ybod y smokin g. ii is a legal prod uct and it is in appropriate for us to, or at lea st for me, 10 take a s1and th at way. I th ink that is an in dividu al's choice . Mayor Garrett asked if there was any other disc uss ion. Mayor Garren said I will also say th at , a1 lc11S t on my behalf. I wi ll be voti ng again st thi s. No t beca use I smoke ... ! prett y much don'I want to go to an y place th at docs have smokin g, but I lik e th e sort of fr eedom 1hat pe op le ca n r.,ake 1he choice on whether th ey wa nt 1hcir estab lishmcnl 10 be smoki ng or not. I use the Du bl iner as an exa mpl e of one th ut has chose n to be nonsmoking, so I have gone th ere quite o. few times . Th ere arc others th at have smoking and I don 't frequent those places. So 1h01 is my pe rso nal choice . Englewood City Council April 18, 2005 Page 8 Co uncil Membe r Wolosyn ~Jid I wo ul d vo te for it and it is more abo ut secon d hand smoke th at affec ts people who work in estab lishmen ts like that If th ere was a way fo r 1ha 1 nol to be u ha zurd . I wo ul d approve peopl e be in g all owed 10 smoke in a place th at all 'J w< ii by th ere o wn choice. but there arc others involved . Co uncil Mem be r Wood w3rd sa irl I will sup po rt it as a smoker that is continu ously workin g to stop smoki ng. I have bee n wo rking on it 311 ycil r, so I be lieve it is so met hin g that is an im port ant ite m. Ha vin g mana ged office bui ldin gs fo r a number of years, it is very obvio us throughout th e metro area when t-uildings we nt nonsmok ing , how th e odors , th e smell s an1J peop le's rcac 1ions 10 th at changed in a ver y 1x>s iti ve way . So. I am a stro ng supporter of thi s. Co•mci l Member Bra dshaw :..i id 1 will be vo ting in fov or of it also . Ma yor G:i rre u asked if there wa s any more discussion. There was none . Vote results: Ayes; Co un ci l Membtrs Moore. Brad shaw, Wolosy n, Woodwa rd, Tomasso Nays: Co un cil Members Barrenl in e, Garren Moti on carried . In response to Mayor Garren. Ai;;si,;tant Cit y Man age r Flah erty sa ,. •~ey arc requesti ng a reso luti on. Would yo u like us to bring thi s back at the ne>.t Council meetin g? Ma yo r Garren sa id yes. (iv) Counci l Member Woodward : 1. He said on April glll a few of us went to Flood Middle Sch oo l's Technology Stude nt Associ ation Air Flight 2005. The teacher. Tony Ray mond, and the kids over there had put together a flight simu lati on progra m and had • built a ni ght simul ator that you co uld sit in ... like in a coc kpit . It was pretty impres sive . (just wnnt 10 acknow ledge • them and wi sh th em the best of luck in their accomp li shment. 2. He sn id I wan ted to ment ion th al last Wednesd ay 1 had the opportunit y to spe nd the whol e da y with Bev and Ol ga doi ng so me wo rk fo r Ha bit at for Huma nity on our Eng lewood prope rt y that is being remode led . It was a very rewardin g expe ri ence and I th ink . for my self, I know that I in•.end 10 do it agai n. I was reall y impressed wi1h Habi1 a1 for Humanit y. Whit t lh cy h~d the re and th e way th ey do th ings. 3. He sa id las t night Bev and I auend cd th e Metro Mayo rs ar•' Co mm iss ioner s Award s banquet recog ni zing and awa rding th e yc.uth in th e nine-co unt y area for overco min g per so nal adversit y and experiencing pos iti ve cha nge s in the ir li ves . That wt1 :. one banqu et th at wa s ve ry, ve ry mov ing, fo r myse lf and for many 01 hers ... 10 hear and to m:et so me of the se ycu ng peop le that ha ve gone through so me thin gs an d th eir acco mpl ishments w:1 s very, ve ry impressive. 4. He said I just \I.a nt lo let everybody know thil t th e En glewood Hig h Sc hoo l Boy s Go lf Progra m is pulli ng on a tournament on Ap ril 30th 10 all ow th em 10 co nt inue lhf! go lf program ove r at th e Hi gh Sc hoo l ne xt sc hoo l year in th e Fall . Entry is $65.00 pe r pe rson. whic h is prett y cheap for a go lf 1ournament. If pe ople would like addi ti onal informa tion. pl ea se ..:ontac l Gary Bi rd over :ll th e Hi gh Sc hoo l. (v) Co un ci l Member Wolosy n: I. She said I just wa nt ed 10 say that the Libra ry l am c to th e Cuh ura l Arts Co mmi ss ion to sec if :he y co uld use I pe rce nt fund s to buy a sc ulptu re . And, as wc usuall y cio in these situa1 io ns, we p:i rtnered with 1he Cultural Arts an d Librar y ... c.,c h giving half lo purchase thi s $6,000.00 sc ulpture by a loca l sc ulpt or named Gheorghe Sta nesc u. 2. She sa id I mea nt to ask th is la st week . Did th e Libra ry re sc hedule !h eir au1h ors7 Mr . Flaherty sa id ycs ... Sundn y. Muy 22"". ..... • • • • Engll'wood City Council A prll 18 , 2005 Pugc 9 1nyor Garrett said the pc rsc n who wa s here fron . u . .: Roc ky Mo um ain ll ousing Dcve luprnent 'or porati on ... what 1hcy are see king is a lener, whi ch docs not necess aril y requ ire a vo1c ... ju s1 a letter of acknowledgement 1ha1 we arc in sup po rt of that project. Doe s Co un cil wa nt 10 di sc uss lhat 1hi s evenin g or wo uld yo u ra ther wai l until next wee k'! Council Mem be r Brad shaw sa id lets di sc uss ii now . I pe rsonall y was worried when we did the House or Hope and I am rea ll y glad 1h111 we did. but I think th at ended up bei ng a fool in the doo r for olh er programs. I appreciate and I respect the job thi s gro up is doi ng. We also have Engle wood Hou sin g De velop ment Co rponui on in our Cit y. Out my concern is, th at area, particu larly up by Si nclair ... wc·ve tri ed to zone it -.o 1hat we ca n ke ep kids in the schoo l sy stem a nd it just turn s int o ren111 ls and dup lexes and thin gs lik e that. While I 1h ink th a1 th is is probably o really good program, I j1.1st don't lhink we need any more low inco me housin g in Englewood . I just think that se nd s the wro ng message. So, I am not in favor of ii . Ma yo r Garrett sai d arc there any oth er tho ughts? Co uncil Member Wolosy n sai d I guess I will th ro w thi s out , because I ha ve those concerns too, but I was wonderi ng ... when I liste ned to her ... is thi s property go ing 10 be low income no mancr what and we wo uld I relati onship with peop le who might have so me le verage to make sure it slays in good shape? I wasn't quit t see med ,o me th at th ere weie five pla ces there that they have to be acco untable for having affordab le hous1 Garren sai d I th ough t she clea rl y sa id th at their goa l is to make sure there is affordable housing . using up to the median income in th e Ci ty. I think th e five un its ... at least that was the impressio n I go t La urcll ... are a th ru away because they clearly will meet that wi th most of th e pop ulati on. Co uncil Barrentine sa id it was my unde rstanding 1ha1 th e units arc the price th e un i1s arc and it matt ers not who is renting them , except for five units. It does n't matter what the inco me is of the other people who are renting th em. Her assertion was that notody of a hi gher income would want 10 live the re . so I don 't know . But no, there was no income requirement. 1 th ought she mad e that ve ry clear th at excep t for the fiv e units, they a.re not goi ng to ma ke an income requ irement. The kind of services a nd programs that they are providin g. I ass ume would have so me impact on attrac tin g so me peo ple. I don't know . Co un cil Member Br ads haw sa id my co nce rn is th at wi th lhe number of Sectio n 8 unils we have all along Bell evi ew. th at we arc doi ng more th an ou r share in that quad rant of our Ci ty. I reall y. rea ll y th ink th at so me other ci ty mi ght take thi s burden fr om us. I do think lh at Engle wood slep s up to the plate on eve ryt hin g. I think that when House of Hope came. I wa s prcny resis1a nt 10 that. but I thought. boy it is better th an those guys th at arc drunk pec;ng on everybody's doorstep up th ere where the House of Hope is now . So I th ought that 1hat was an improve me nt 10 th e co mmunit y. Thi s I don't sec as that. There arc way 100 many Sec tio n S's in the Car mel a nd Golden Nugget apartment s up th ere . And I think it is crea tin g so me iss ue s and I have stated those befo re. Coun ci l Membe r Wolosyn sai d I know it is just not th e CDBG Gra nt money . I fee l that eve n thoug h it is a 50 13C ... in a way, it is just a deve lop ment co mp any a nd I th ink ma ybe those CDBG Bl ock Gra nt fund s co uld go to projects th at had a broader good in a communit y ... so I am just rcluc111 n1.. Co uncil Member Darrcntin..: said is th ere a poss ibilit y that we cn n ge t add iti c,nal inform :tli on'! Since there seem s 10 be some di sc uss ion tha t we coul d go ahead and do that at 1hc Stud y Se ss ion next time ... I would just like some more informati on. I be lie ve th at the on ly rea so n th at she had to come to us wa s becau se Arapa hoe County mad e a requirement th at th ey hnvc bu y-in from us, whic h I belie ve is so me ass uran ce to them th :11 they have bu y-i n fr om the co mmun ity . And th at is what I am concerned abo ut . If th e1e is an opportunit y for us to di sc.·uss this, I would like so me more in fo rm at ion. Coun ci l Member Brad shu w said she didn't seem wi llin g to go ta lk to th e co mm uni ty. Counc il Member Barrcnlin e sai d I wa s a lin le concerned. and I am sure it is true, tha t a lot of things ... Ju st because th ey arc no t req uired by Jaw doe sn't mean 1hat th ey arc not a good idea . And that see med to be the conl.'Cpt lh n1 Arapahoe County wa s going aft er, was th at th ere be bu y-i n from the communi1y in ord er to have th is money 1ransfc r And th at is all tha t I would want lo explore . Engle wood Ci ty Council ,\ prll 18, 200S Page 10 Ma yor Ga rrell sai d what fo rm of informati on wou ld you like for i;s to have availab le'! Ms. l3 arrcn line sa id so me of rh e qu es tio ns lhnt ha ve bee n bro ught up here about the amount of housin g :md what th e m:i i;hbors in the area think about ii be in g dcsigna1cd. beca use what she prc sen led is a litt le bit different thnn whal it see ms 10 be de sig nating itself as . Th ere see ms to be so me co nfli c1ing infor mation in the blue shect ... while we were hand ed eve ryt hing at the time and I um not pre tending 1ha1 I wa s abl e to sco pe everyt hin g out of th e five or six pages shr handed us. but the re see med 10 be so me co nflictin g informati on in th at. And, I don't kn ow whe ther th at re fer s to the previ ous pro pertie s or what the y intend 10 do here . Mr . Woodwa rd said thi s is a non-pro fit purchas in g ... docs thi s also take the property off our ta x roll s? Thi s is a que stio n I gues s I foi led 10 ask. Ms. Bra dshaw sa id yes, does n't it? City Auc·ncy Brotzman sa id no, non-profi t is taxed. Ms . Bradshaw sai d at the sa me rate? Council Member Wolosy n said I had hea rd abo ut th is initi all y ... th at it would be rehabbin g a propcny in ou r Cit y and it is no t rea ll y. She said it is nm re hab . Ms. Brad shaw said. aga in , it is th e opponunit y. We hav e a prope ny !h at seems lo fil 1hcir needs, but docs ii mee t th e needs of our resi dents in th at area ? I do n't know. My other conce rn is th a1 is also th e sa me area where they have tried to put in halfway house s and all thi s other stuff ... ri ght by 11 middle sc hoo l and Pa l Bail ey can remember th at one. Her kid s we re there and there was one prope ny 1ha1 kept turn ing in to a halfway house fo r non-v io lent offe nders ... at that time they we re rapists and dru g dealers. And th at wa s pretty scary . And we vo ted th at dow n to protec t !hat neighborhood . That whole Acoma strip . parl ic ul arl y fr om Tufts so uth, has just son of been forgoucn by the City . Th at is why I just th ought , lei's not hit 1hem aga in . It was my gut reacti on 10 1h a1. Ma yo r Ga.nett said Mr . Simp so n de, you have an y cla rity on wh at yo u mi ght want to bring back 10 Co un cil ne xt week ? Mr. Si mpson sai d wh at I might do is make a sugges tion 1hat we go ahead and hol d an area mee ting wilh res ident s. Make it a requ ireme nt for her to hol d a meeting . We will be th ere 10 li sten and unders tand . She could hold an area meeti ng or do yo u wa nl her 10 just co nt ac t indi viduals 1md let us know that she co nta cted 1hem? Whi ch wou ld be beli er? Counci l Member Barren line sa id after reading th ro ugh th is informal io n and th e services the y pro vide. one of !he questio ns I have is th at it looked li ke so mething like a soc ial se rvices outl et. Now when she did the pre se nt ati on and she said lhere is no income requirem e nt , th at it is affo rd ab le hc usi ng regardle ss of who is livin g there, exce pl fo r the fi ve unit s. I got a much Jiffcrem picture and I was mu ch more pos iti ve abo ut ii. So if th ey cou ld add ress some of that. Mr . Sim pson said okay . She sa id and then I don 't know how you 1hink it wo uld be bes ! to con ta ct th at area. How woul d that area best be contacted ? Mr . Simpso n sa id do yo u wan t her to co ntac l area reside nt s? We often tim es will hold a neigh bor hood mec1in g fo r a rezo ning . but in other in stance s, we jus1 simply have an appli c.1nt go and talk to area homeow ne rs within a ccr1ain radiJ s of th e propert y. We could ha ve that done . Mayor Garre ll ~aid a difft>:rcnl exa mpl e wou ld be Oxfr,~~. when we we re doin g 1hc traffic ca lming . Direc tor Simp so n sai d exact ly. Mayo r Garrett sa id it wo uld see m best 10 con1ac 1 thai area sur ro un din g th at propert y. Plus, Ms. Brad shaw sa id, the church and lhc fire slati on and jusl two oth er sides. Mr. Si mp so n sa id is th at okay or do you wa nt an ac tua l neig hborhood mcc 1ing ? Ms Barrentin e said I think it shoul d be a piece of it. Ms. Bra dshaw sa id I think th e neighbo rs need to be co nta cted, parti cul arly on Aco ma and Bannoc k. Mr. Si mpson said I ag ree. I th ink i1 is a good idc:1 10 ha\'c the neighbors con1 ar 1ed. ha ving her do th at and gelli ng a se nse or what it is :ibou t. Ms. Barrent ine said 1 am not again sl affordab le housin g, bu t the way tha t it ha s been presc ntcd ... it al so loo ks lik e th ey arc tr yin g lo gel a ce rrn in popula tion too, which arc not in co njunc ti on wi th eac h othe r, so I jus1 wondered . • • • • • • Englewood City Council April 18, 2005 Page II Mr. Simpson sai d we need to ge l clarity on that. Maybe what we will do is hold an area neighborhood meeti ng . We will contact resident s and th at way we can also attend . J think it would be va luable if we were there to hear. Ms . Bradshaw said to sec what they think and what they see as the future of that neighborhood ... that would be invaluable. Mr. Simpson said and then I th ink it would also give you adequate time to read the information that was passed out tonight and eva luate that, because none of us ha ve see n 1ha1. That will be good to read that. Ms . Bradshaw sai d there seems to be a move along Acoma and Bannock in th at arca ... 4600-4700-4800, that there is a lot more owner occ upied now than there was before . it used to be rental and it seems like people arc buying homes there . I 1hink the charac ter ... it is not going to change a lot, but I think we have to honor that . Mr. Simpson said we wilt hold the neighborhood meeting and as a result this will delay this coming back to you and she indicated to me tonight that she has 90 days in which to make a decision . Su, we will move along on the meeting so that you can get th e information and then what we will do is we will come back and make sure that we address the income issues, issues from neighbors and address the issue of tax. Ms. Bradshaw said the other thing is I think she said the realtor contacted her. Mr . Sim pson sai d yes. Council Member Wolosyn said I think I am pretty clear on what COBO grants are. I think of them as grants tllat help communities shape themselves at that level and fine tune a community . but I would like to know a little more about HOME funds. Mr. Simpson said okay. Council Member Barrent ine said only with the understanding that in order to get part of her funding she has to have our buy-i n. Mr. Simpson said right. Ms . Barrentine said that doesn't stop any private investor from coming in, buying that properly and ... like this gentleman who apparently owns it now ... fixing it up, turning it into something that was better than when he got it or tum it into low income without Arapahoe County funding. I don't know, but they did ask for our buy-in . Mr. Simpson said we need to understand more. I'll fo ll ow-u p. It will be probably at least 30 days . Mayor Garrett said I just would like to also make note that we arc happy that Fratelli's is now going to be turned in 10 good hands. There arc a co uple others ... at least one in panicular ... a nice restaurant in town that is struggling because there are not enough patrons com ing in . I act uall y have a bad reputation where I work, because they say "you won't leave the neighborhood to go to lunch will you ?" I tend to try to keep people fairly close to Englewood when we go out and do things . So for those who can, if you can stay in the neighborhood that would be helpful and help a coup le of restaurants. We ha ve always tried to encourage restaurants to come to Englewood . Ms. Bradshaw said right and now we ha ve some premier ones and one of them is really strugg lin g. 13. City Manager 's Report (a) Assistant City Manager Flaherty said Co lorad o Preservation Inc . has sent invitations to all of yo u regardi ng an Open House al 1he Skenill Hou se on Wednesday night fr om S:30 to 7:30. I happened by th ere a couple of weeks ago on Satu rda y and wa s pecking in 1he windows and the Exccu 1ive o:rector of CPI happened to be there and invited me in . The y have done a trcmena ous job of resloring . Council Member Barrentine said I wan1cd to add jusl one more thing that I forgot . I wa nt to thank the Arapahoe Phi lharmonic . We attended their chi ldren's concen on April 61k . My son 's sc hoo l did not pa n icipate in that, although there were an awfu l lot of sc hools that did . I look him out of school and we wen t ove r there. We know a couple of people who play and we just were amazed at how many kids enjoyed that. If you try to keep that many children, that age, quiet ... it was impressive that they stood enth ra ll ed wilh what those guys were doing for that long, because I thought there would be havoc . Bui they did a beautifu l job and I was very impre ssed with the first chi ld ren's concen I have attended . 14 . City Attorney 's Report Englewood City Council April 18, 2005 Pog• 12 (a) Ci 1y Attorney Bro tzman sa id I do have a req ues t for a mo ri on to se tt le Shoo p vs . Wclbourne/Kunsl/C ity of Englewood. At thi s time 1he Cit y of Englewood has aclu nll y be en di smi ssed fr om 1his case . This is a case again st two ind ividua l police offic ers, :it 1hc prese nt time . I need 10 mak e it clear th at Cit y siaff and th e admini stration have loo ~cd in10 th is and we beli eve th at the officer s ac ted appropria tel y in thi s case. In fact , Mr . Sh oo p did plead guilt y to resis ting arrest. With that in mind . there is a minimal chance of a finding of li abi lil y. The problem is th e damages th at Mr . Shoop has med kally . either from thi s incident or fro m other incident s, are rather si gnificant. The other fa ctor that pl ays heavily in th is case is th at the cos t 10 senle lhi s mauer is $20,000.00 . My request is fo r a moti on 10 settle it rar S20,(X)().00 . Current ly. to eve n get 10 tri al is $50 ,(X)().00. This is a nui sance settlement I don 't like nui sa nce se ttlemen1 s. but it is the mos t cos 1 effecti ve way of reso lvi ng this matter for the City . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY A TIORNEY TO SETTLE THE SHOOP VS WELBOURNll, KUNST AND THE CITY OF ENGLEWOOD CASE FOR $20,000.00. Mayor Garrett asked if there was any di sc ussion. Council Member Barrentine said I want to say that I believe, with what Dan said, that with everything that was presented that the officers acted professionally and do an excellent job fo r thi s co mmunity . And while this slicks in my craw . I will support our Safety Service s Directo r Chris Ol son and our City Attorney Dan Brotzman. They ha ve the best interests of this City and our finan cial responsibilities as well , so I will be voting for it Mayor Garrett asked if there was anyone who wished to speak . Council Member Woodward sai d I just wan ted to make one comme nt. As I und ers tand it Dan, there is no admis sion • of guilt with this and thcrt. is no effect to the officers . Mr . Brotzma n said correct . Mr. Woodwnrd sai d okay then I • support it. Vol< rosults : Motion carried . Ayes : Council Members Barrentine. Moore , Brad shaw, Garrett , Wolosy n, Wood ward , Tomasso Nays: None 15 . Adjournment •