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HomeMy WebLinkAbout2005-05-02 (Regular) Meeting Minutes• • • I. Call to Order ENGLEWOOD CITY COUNC IL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 2, 2005 The :cgular meeti ng of the En glewood Cit y Cou nc il was called 10 order by Ma yor Garrett at 7:31 p .m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Gt11Te1t. 4. Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine, Garren , Bradshaw, Wolosyn , Woodward None A quorum was present. Also present: City Manager Sears Ci1y Allomey BrolZman Assis1an1 Ci1y Manager Flaherty Cily Clerk Ellis Director Olson , Safety Services Director Gryglcwicz, Finance and Admini strative Services Communications Specialist Hoffhines , City Menager's Office Senior Planner Langon , Community Development Director Fonda, Utiliti es Director Simp son, Community Development Police Lieutenant Sanchez, Safety Services Fire Captain Ertle , Safety Servi ces 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 18, 2005. Mayor Garrett as ked if th ere were any co mments or co rrecti ons. There were none . Vote results: Moti on carried. Ayes: Council Members Barrenti ne. Moore , Bradsha w. Garrett, Wolosyn , Woodward , Tomasso Nays: None 6. Recognition of Scheduled Public Comm,nt (a) M ayor Garrett said we arc pl eased to have with us thi s evening th e Cit y o f Englewood 's Web site !ca m. Fo r th ose of us who sa w the revised web site, and have pl ayed on it a little bit ov er the Inst few days, it is a very exc iting thing th at is happenin g fo r Englewood . A lot of time s peopl e's fir st im pressions are what th ey sec on En glewood C ity C ouncil May 2, 2005 Page 2 your web si1c . Ours is goi ng 10 be v,:ry rob ust and exl'iting . I wou ld like to invite Le igh Ann to co me up and make a few comme nt s. rvls. Hoffhin es sa id I am here thi s eveni ng to introduce the 1e~1m and I wo uld al so lik e to thank Co un ci l for you r support fo r thi s proje ct. You ha ve been ve ry sup po rti ve :Il l along. As yo u kn ow , we are ready to laun ch our new We b site, and thi s tea m is respo nsibl e fo r what yo u arc abo ut to sec . The learn is made up of repre se ntative s from each Cit y dcparlmcnt , and th ey ha ve hel ped guid e th e process ... fr om ideas on design and co lor sc heme s to decis ions on naviga 1ion and in fo rmation. We didn't alwa ys ag ree on e veryt hing along th e way , but we did co lla bora h.: and we com pro mi se d a littl e and I think we arc all pro ud of th e prod uct th at we ca me up wit h. The tea m ha s wo rk ed very hard on thi s project and mos t of them wi!I co ntinue to be involved, as we go forward. in managin g th e inform ati on on the sit e. I wou ld like to introdu ce th e team members. Some of them have bee n in vo lved fr om the ver y beg innin g and so me are rece nt add iti ons and will be the con tent au th ors for th ei r department. Ci ty Mana ger's Office : Mik e Flaherty. Assistant Cit y Mana ge r Co mmunit y De ve lopme nt : Nancy Fenton, Ex ecuti ve Ass ist ant Finance and Administrative Ser vices: Lou Elli s, City Clerk and Frank Gryglcwicz, Director Human Reso urces : Lynnette Wargin , HR Generalist Informati on Tec hnology: Don In gle, Dire ctor. Brand on Angl e. and Ted Wargin , ou r network guru , has also been ve ry helpful from a technical standpoint Library : Hillary Da vis, Children 's Librarian Municipal Coun: Tamara Wolfe , Coun Administrator Park s & Recreati on: Deni se White , Marketin g & Public Informi.ti on Public Works: Jerry Lancaster . GIS Analyst Safety Se rvices: We have severa l represe ntat ivrs: Trina Everhan. Re search & Techno log)' Manager Fire Captai n Mark Enlc. Fire Divi sio n Lt. Jeff Sanchez . Code Enforcement & Po li ce Divi sion Chief Building Official Lance Smith , Bu ilding & Safety Utilitie s: Kerry Bu sh, Utilities Billing Tcchnici a ri and Tom Brenn an, Engi nee r Wastewater : Brenna Durkin. Greg Farmer and Cindy Goodburn Ms. Hoffhines sa id th ank yo u all very much. There was appl ause . Ms . Hoffhine s sai d we are here toni ght to offici all y laun ch th e Cit y's new Web sit e. We will be refining the site as we go alo ng, addi ng inform ati on and fea tures, so pl ease keep chec kin g back regula rl y to sec what we ha ve added and see what is ne w. And , also give us feedba ck. We wo uld rea ll y love to hea r it. Ms Hoffhin es showed th e old site a nd s!l id we are ha ppy 10 bid a farewe ll to thi s site. I ac tuall y had hope d 1hat I co uld get th e Web tea m 10 play Taps on ka zoos. but they wo uldn't go for it. She said Ma yo r Garren wo uld yo u do th e hont1 rs to help us launch the ne w Web site? If yo u wo uld type in englcwoodgov.or g .. I wo uld like to pre sent our new Web site . There was applause . Ms. Hoffhin es sa id th ank yo u ver y mu ch for you r time . Co uncil Member Brad sha w sa id thank yo u fo r all you r effo ns Leig h Ann .. all of yo u. 7. Rccognili on of Unscheduled Public Co m: :.t!nl (a) Euge ne Nor man sa id I wro te thi s 4/27/05. I am trying to prese nt an im age; 1he type ofi mage is depende nt on us all. Let th e pl ay beg in . Ph ys icis ts decl are .~ 11 c co mposed of pure light and pure energy. It is also slat ed that cad point co ntain s a ccn1 er. That implies tha t you. all of us. are the ce n1er or th e uni verse . The un iverse ha s no bo un ds ... o nl y ce nt ers. That center of pure li glu contain s spirit . Hand le it ri ght. Yu u arc that pure ~pirit . This is il . They arc it. I am it. We all arc II and th at is thal ... con tact. I wro te I hi s 5/1/05 . Time is run ni ng out. Ge t beyond na1 ion al pri me time TV for 15 minutes . I wi ll prese nt one new idea. All of yo u si mp ly vo te yes or no on th e ide a, not th e perso n ... pure de r.1 ocracy . Yo u have littl e co ntrol of yo ur li fe. Thi s is yo ur chance to take co ntro l beyond our dilemma as a nati on. Bec ome une nati on. Thank yo u. • (b) John Bi nder. 2099 East Floyd Pla ce. sa id I am here to talk abo ut th e Go lf Co ur se and what is • going on in Sherida n. It says "from the begi nni ng of th e She ridan Urba n Rcr ·wa l Projcel, Eng lewood officia ls stated that th ey were not intere sted in re locati ng any pa rt or th e Eng lewood Go lf Co urse.·· Somehow thi s alt itude mu st have changed. as on March l81h the Englewood Hera ld had a large art icl e abo ut th e Ci ty Co uncil tourin g the • • • Engl ewood City Coun<il May 2, 2005 Page J wooded area we st or the Sout h Plnnc Ri ver. Ri ck Kahm was quo1ed as saying "moving th e go lr course to thi s are a wouldn't great ly di sturb th e wil d life in this area ." I wo uld like to be ab le 10 sec a copy of 1his study that bads up that comme nt. In my opinio n, the area of the con flu x of Bear Creek wi th th e South Pl ane is one of the nicest areas in th e South Platte Trail. 7herc always seemed 10 be a lot of oird s in thi s area . The wooded area plays a very imponant part in maki ng this a very specia l place . Th e April 29th Engh:wood Herald reported 1hat a proposa l had been provided to so me Eng lewood offi cial s. It stated "because negotiati ons nrc about land acq ui sit io ns all disc ussions wi th City Co un ci l membe rs have been held be hind cl osed doo rs in Exec utive Sess ion and that th e perso n rep resenti ng Englewood th ought th at negotiat io ns were going well ." It wa s su11ed that "Sherid an hoped to co mplete the land acq ui sit ion process by the end of July ." Thi s is less than three month s away . I thou ght govern me nt had to work o ut in th e ope n. When is the proces s going to be opened up fo r citizens' com ments ? This area is way too important to have its charac ter changed . Mayor Garrett sai d th ank you very much . 8. Communications, ProclamatJons and Appointments (a) A letter from Dennis Schum anno uncing hi s resigna tion fr om the Pl a nning and Zoning Comm is sio n was considered . COUNCI! MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNA f!ON OF DENNIS SCHUM FROM THE PLANNING AND ZONING COMMISSION. Moti on ca rried . (b) co nside red . Ayes : Counci l Mem bers Barrentine, Moore . Brad shaw. Garrett . Wolos yn , Woodward, Tomasso Nays: None A procl amation naming Orris Saunders as Engle wood's Citizen of the Year for 2005 was COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROV E THE PROCLAM ATI ON NA MING ORRIS SAUN DERS AS ENGLEWOOD 'S CITIZEN OF TH E YEAR FO R 2005 . Moti on carried . Ayes : Cou nci l Member.'> Barre nti ne, Moore , Brnd shaw, Garren, Wolosyn, Woodward , Toma sso Nays : None Mayor Gnrrcu said a week fro m today at 7:00 p.m. at Malle /, we will have a ce lebration fo r thi s, so tha t is the reason why we arc passi nt, Lhe proc lamati on 1onigh 1. We hope th at yo u can join us. 9. Consent A~endo (a) Approva l of Ordinances on First Reading The re were no additio nal item s submitted fo r approva l on lirsl reading . (Sec Agenda Item 11 ) COU NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROV E CON SENT AGENDA ITEMS 9 (b) (I), (II), (ill) and 9 (c) (I), (b) Approval of Ordinances on Seco nd Reading (i) ORD INANCE NO . 15, SERIES or 2005 (COU NCIL BILL NO . 10, INTRODUCED BY COUNC Ii MEMBER BRADSHAW ) AN ORDINAN CE AUT HORI ZIN G AN INTER GOVERNMENTAL AGR EE MENT BETW EE N ARAPAHOE COMMUN ITY CO LLEGE/AREA CAREER AND TECHN ICAL SCHOOL AND Tl-IE CITY OF ENOLEW()OD Englewood City Council May 2,2005 Page 4 PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 235', SOUTH ZUN I STREET, ENGLEWOOD, COLORADO . (i i) ORDINAN CE NO. 16, SERIES OF 2005 (C OUNCIL BILL NO . 1 l,INTROD1JCE D BY COUNC IL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2377 WEST WESLEY A VENUE PURSUANT TO THE INTER GOVERNMENT AL AGREEMENT BETWEEN Tiffi CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (iii) ORDINANCE NO. 17 , SERIES OF 2005 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO . I FOR A MS4 STORMWATER PERMIT. (c) Resolut ions and Motions (i) A co ntract with Liquid Waste Management , for cleaning of the Littleton/Englewood Wastewoli:r Treatment Plant (lJE WWTP) anaerobi c digesters , in the amo unt of $67,100.00. Vote results: Ayes: Nays : Motion carried . I 0. Public Hearing Items Council Members Barrentine , Moore, Bradshaw, Garrett , Wolosyn, Woodward, Tomasso None No publi c hearing was sc hed uled before Cou ncil. 11 . Ordinances, Resolution ond Motions (a) Approval of Ordinances 0 11 Fim Reading {i) Senior Planner Langon presented a recomme ndation from th e Community Devel op ment Depnrtmcn1 10 adopt a bill for an ordinance approving ame ndments 10 th e Eng lewood Municipal Code, pertaining lo Fences, Walls and Visua l Barriers of the Uni fi ed Dcvcl ,1 pment Code and 10 set a public hearin g fo r May 16, 2005 to gather pub lic input on this iss ue. She said the fencing n.'gulations were reform aned during Pha se 1 of the Unified Deve lopment Code proces s and during Phase 2 the Plann ing Co mmis sion condu c1ed seve n st ud y sessio ns since hi st Au gust to review and do more in -depth updating of 1he fence code. The Commission focused on clarifying and simp lifying existing reguhui ons and also , at the request of Council, they reviewed fence pcrmiucd matcrinls nnd comer lot fen ci ng regulati ons . The Planning Co mmi ssion held a Public Hearing on Apri l 151h and on that date they recommended approval of the amendments . The amendments are intend ed to provide consistency with the rest of the Code to update and clarify and simplify the re gulation s and also address previous community concern s regarding permi tted materials . If you have any ques tions I will be happy to address them. Ma yo r Gorrell asked if there were any questions for Ms. Langon. • • Co uncil Member Woodward said I have a coup le of questi ons. Under 2-A-3, "repl aceme nt of all or any portion of • an existing retaining wall" ... wi,:,· do we have "any portion"? On the fencin g we have 16 feet , but on the retaining wa ll. if so meone is re pl aci ng 3 feet of landscaped limber. wh y wo uld the y be required? • • • Englewood City Council May 2, 2005 Page5 Ms . Langon stud 1he concern on the differen ce between 1hc retaining wall and 1hc fence is 1ha1 th e retaining walls often are already adjace nt to sidewalks or arc already in right-of-way. so we want to have the ability to review ull rcuinin~ walls so tha1 if an encroachment agreement is necessary we can get that. Mr. Woodward sa id okay, I understand. Ms. Langon said only because retaining walls arc a linle bit more permanent th an a fence . Mr. Woodward said tbcn on Table 16-6-6.1 is a CMU 1hc snme as block ? Ms. Lungon said concrete masonry unit. .. a CMU is a concrete block . Mr. Woodward said okay. Mayor Garren 11Skcd if there were any more qucs1ions . Council Member Bradshaw said if it were neighbors ... if you were replacing an existing retaining wall between propcnics ... that would fall under rhis also? Ms . Langon soi ~ correct. Ma yor Garrett asked if there were any additional question s. There were none . COUNCIL MEMBl~R llRADSHA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 14 AND TO SET A PUBLIC HEARING FOR MAY 16, 2005. CO'JNCll. Bll.L NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bill.. FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 1000, WHICH PERTAINS TO FENCES AND RETAINING WALLS . t.la)'OI" Garrett asked if there were any comments. Mayor Garrell said I have one . I still am concerned about the one fool setback off of the fence line from the sidewalk for a retaining wall. just because it creates an odd zone that some limes people don't maintain. It sometimes can be very ugly . Voce results: Ayes: Council Members Barrentine, Moore , Bradshaw, Garren, Wolos yn. Woodward , Tomasso Nays : None Motion carried. (ii) Director Fonda presented a recommendation fr om the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the agreement with Valley Sanitation District for realignment of the Valley Sanitation District sewer line at the Wastewater Treatment Plant He said quite a while ago, when Valley Sanitation Distri1. · was formed, it ran a sewer line inro the old sewer plant, which crossed land rhat has since been acquired to become the Bi-City Plant At that time , several easements and a right -o f-way were granted for that. Since then we have rel oca ted the sewer line inlo Soulh Pl atte River Drive, but the casements and right-o f-way were never removed . We negot iated with Valle y Sanitation Distri ct and they are willing 10 grant us a qu ick claim deed for the easements, which will clear our ti lie . We would then take over the ma intenance of the line in South Platte Ri ve r Dri ~1c and it becomes part of the Bi -City facility . We would rec ommend that this be passed so 1hat we can get the title clca1.-d. Mayor Garren asked if there were any questi or.s for Mr . Fonda . Th ere were none. COUNt::IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (II)· COUNCIL BILL NO. 13. COUNCIL BILL NO . 13, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORD INANCE APPROVI NG AN INTERGOVEliNMENT AL AGREEMENT BETWEEN VALLEY SANITATION DISTRICT PERTAINING TO THE REAL!GNMENT OF VALLEY SANITATION DISTRICT SEWER LINE AT THE Ll'ITLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . Englewood City Council May 2, 2005 Page6 Mayor Garren as~ed if there were any comments. There were none . Vote results: Motion carried. Ayes : C\_ nci l Members Barrentine , Moore. IJrndshaw, Garren , Wolosyn, Wood ward , Tomasso Nays : None (b ) Approval of Ordinances on Second Reading Th..!re were :,o additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda .) (c) Rcsol nions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agend a Item 9 -Consent Agenda.) 12. General Discussion (a) Mayor's Choice (i) Mayor Garrett said in response to Mr. Bir,dcr's comment ... sometimes we do have Executive Sessions for certain items, which is allowed under statute. It is my anticipation that after we conclude some of the preli mi nary work, that those types of issues would be brought forth for people to then comment on. It is just that in the initial stages, in the time frames that have been quoted in the paper. those arc ~mebody else's time frn i:"¢5 , not the City 's time frames. (b) Council Members ' Choice {i) Council Member Barrentine: I . She said I wan ted to recognize a citizen 1 had so me contact with lately, especially with some code enforcement issues. Mr. Walt Perry and his wife arc here and sho rtly before Mr . Perry we nt in for knee swgery ... just a couple of days l>cfore he was going in ... by Couocil request somebody had asked for him to have his fifth-wheel muved . He was n't given any addili.onal time and he moved that fifth-wheel, at so me expense to himsel f and some aggravation,just before he was going into surgery, he spent an additional $300.00 . He has attended vario us meetings trying to understand why he has had something for that long a period of time in his community which fits in with his ncighbors ... a lot of them have RVs , boats and trailers ... and he really wasn't coming up with any satisfaction and getting anybody to listen to him. Fortunately , the discussion led him to come up with the idea that since he was told it was because it was a weight issue ... he deci ded to take it to a Stale weigh statio n. It turn s out thal it is under the weight. I unders tand that Gary with Code Enforcement has told you to go ahead and brin g your property back to your home and you can park it wherever you want. And I wanted to tell yo u that I appr:ciarc yo ur sticking it out and I know thi s was important to you . I am so rry for the inconvenience , the additional cos t a:1d certainly the bad timing of all of this and I hope you will accept my apology for that. I am glad you arc able to bi,ng your pro peny back to yo ur house . 2. S., ~ said I want to give an update on Posi ti ve ly Cnglewood, as we have sec ured a bicycle fo r a give-away and th ey are goi ng to be pro vi ding some entry fo rms for children 12 and under , this time . Eac h mon th it will be for a different purpose, but for Ma y it will be on youth and volunteering, so they need to write a short essay on the back of the entry form . We will have the drawing at the Opening Day of Pirates Cove on May 28111 at noo n. The entry fo rms will be at the Library and at the Recreation Ce nter on Oxford. I am looki ng forward to that The bike will be on displny there as of tomorrow . • • 3. She said I had a concern as I was giver; a call by the Chair of the Scientific and Cultural F::..;ili ties Di s1rict. • They were hearing about a pet ition . A pctitbn had been submiucd that claimed that the y had secur,'d the loca tion when: David Tayl or Dance Studio was. th at the y had an agree ment with the City and 1hat is what they were presentin g to them . I ha ve some concern abo ut that ... that ca n't be possible . beca use the City Co unci l has n't heard • • • Englewood City Council May 2, 2005 Page? abou t it and it hasn't been presented . And, of course. she wa s iryi ng to check out how accurn1c the in formati on was because the financial setup wasn't appearing very sound and it was a tremend ous amoun t of money th at th ey we re app lying for ... $147 ,000.00 ... as well as remodel for the mirrors and the noor, that Da vid Ta ylor was allowed 1,:, 1ake our of th at, so th ere would be addi ti onal ten ant fini sh that would need to be done. So, I just ne!d 10 get so me info rm atio n on thi s. Director Si mp so n said we ha ve been marketin g the David Tay lor Dance space for approxi m111ely the la st six months and we have had a lot of assistance from Mr. Woodward . One of th e th ings that he did ass ist us with was to send the space configurat io n and informati on out to the Denver Metro Association of Realtors and he also se nt it ou t, on an C· mail , 10 SCFD members . And interestin gly enough , we ha ve had a variety of inquires . Most recently the one thal we have fin ally received an appli cation, or proposal for, was fro m a dance co mpan y. They have submitted , late lasl week actually, and we arc in the process of evaluating 1ha1. Whal we would like 10 do is to co ntinue fo rw ard with the application proc ess. What will happen is tha1 the prop:>sal will be evaluated by sta ff, it will come forward lo the Review Committee, which 1 believe is st ill composed of Olga Wolosyn and Jim Woodward, and they will be making some recommendations ... whether it requires additional iuforma1ion, whether it is adcqualc, wh i..thcr it is a good application ... and then that will come forward to City Council. I prcsumc .. .I ha ve n't talked to Mr. Brotzma n about this ... it might come forward in an Executive Sessio n since it is a co ntractual iss ue , but th at would be something 1hat Council will eve ntually get an opportunity to look at. The applicant was applying for SCFD fundin g. I did speak with the Chairperson for 1he Arapahoe County Board and indicated that we had not mad e any dec is ions to date, because it has not been through the form al review process. Council Member Barrentine sai d so there is not hing th at the City said, or your departme nt said on your behalf, th at would give them a reason to believe th at they already had a deal? Mr . Simpson said no, in fact I have a letter that I can have distributed , that basica lly sta tes "should the selection com mittee fo r the City of Englewood accept the submitted proposal, a lette r of notification would be provided to the Arapahoe County Cultural Council." But to date , there have been just discussions, as we have with many businesses . but no decisions can be made on our pa.rt until you, as a Council, sec that infonnation. Ms. Barrentine sai d thanks for clearing that up , maybe they misunderstood . Council Member Woodward and Council Member Wolosyn sa id from whom did you get thi s information? Ms . Bam:ntinc said I talked to the Chair. Mr. Si1:"pson said the name is Vickie Harmon. Ms. Barrentine said she might have misunderstood sonic of the information th at you provided her as well. Maybe th at is where we get so me of the conflict, because I understand, from dealin g wi th Dav id Taylor before, that ii might be a littl e bit ,oorc diffic ult for people who arc anists, who are dealing with crea tive iss ue s, to unde rsta nd the comp le iti ties of CAM charges and rent and agreements . So they were just a litt le confused and didn't want to get into the same situat ion where people were not understa nding what was going on, because she was not presenti ng that way . Ms . Barrentin e sai d she and her associa tc ... according to the Chair , they did present it. .. thcy had what they believed was an agreement and an assurance, on you r part , thal it was going to go through. So if they mi sunderstood, I apologii.c. Mr. Simpson sai d they might ha ve said that, I don't know what they mi ght have said , I can tell you that I rep rese nted , very well, that th e Cit y had not made any decisions . Ms. Barrentine sai d well peop le misunde1 stand. I am not sayi ng that you sa id that. it wnsj ust necessary to bring up because you have a person, you have an orga nizati on, who is prcse nt ing ... for $147,000.00 wo rth of ta x money ... and representing th at they have a deal wit h th e Ci ty and she had every rig ht to come and ask questions to uy to find out what was going on. So that is all they were doing . And I know th at she talked to yo u and I th ink she also talked to EEF. Mr . Si mpso n sai d she ta lked to Ri ck al so. Ms. Barrentine sa id for EEF. Mr. Simpso n sa id yes . oct uall y both of us represe nt EEF, but she talked to both of us. He said I ta lked to her in th e afternoon and I thi nk s;ic go t to Rick earlier in th e day . Ms. Barrentine sa id and the n that pi gg y bac ks on the fact that David Tay lor was co min g to them for money . Mr . Simp so n sa id oh, I didn't know th at ei ther. Ms. Barrentine sa id because she had asked fo r tenant fin is h money, they needed to know whether he took th e fl oo r and th e mirrors, so th ey piggy ba cked on each other, because then th ey had to ask Da vid Tayl or ... did you reall y take those things out of that building? Then he put him se lf into a situatio n whe re he i~ aski ng for money from a tax entity to pay a debt and so they had to ma ke sure how much of what was goi ng on ... so that the two kind of co mmh,gled when she put that applicat ion in . Mr. Sim pso n sa id I wasn't aware of that. Ms Barrenline said yes, so there were so me additional ques ti ons there. But I just wanted to make sure . (ii) Counci l Member Brad shaw: Englewood City Council May 2, 200S Page8 I. She said I wou ld lik e to thunk th e Com muni1v De vel opment slllff again ror help ing with th e Watkins Glass business move. I notice they have the sign up in L: · ~ton 1hat th ey arc moving back to Engh:wood . 2. She said May 11 ui is the Open Hou se on th e ACT house on Wesley . in th e afternoon, and I wo uld really en courage yo u to go up there . That is the student de signed/student built house in northwe st Engl ewood. 3. She said I will be returning to Habitat this Wednesday to dry wa ll and paint , I think thal's my job. but we wi ll see . So, I am really excited about thBI and it ha s been a real positive expe rience , so th ank yo u. (iii) Council Member Tomasso : 1. He said I wou ld like to bring forward the resolution supporting the passage of the Colorado Clean Ind oor Air Act. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 44 , SERIES OF 200S. RESOLUT ION NO. 44 . SERIES OF 2005 A RESOLUTION SUPPORTING THE PASSAGE OF THE "COLORADO CLEAN INDOOR AIR ACT' ALSO KNOWN AS COLORADO SENATE BILL 05-207. PROHIBITING SMOKING IN INDOOR ENCLOSED AR EAS. INCLUDING PLACES OF EMPLOYMENT. Mayor Garrett asked if there was any discussion. • Mayor Ganett said as I stated before, even though I am fo r a clean Colorado, I will be voting against thi s one from a • government regulation point of \liew. Vole results: Ayes : Council Members Moore, Bradshaw , Wolosyn, Woodward, Tomasso Nays: Council Member Barrentine , Mayor Garrett Motion carried. [Clerk 's no1e : This was item I?. (b} (i} on 1he Agenda .] Mayor Garren presented the resolution to Stephanie Steinberg. Ms . Steinberg said I am {1 Colorado resi dent. I actually live in Greenwood Village and I have been very much involved in grassroots efforts across Colorado in the last year for smoki ng bans. Currently, this bill is being discu ssed ... o.ctually in the House Health and Human Services Co mmittee this evening. They were still going on talking about it and I had to leave and co me here . The true benefit of this is basically for worker health and public heahh. We have never advocated against people's choice to smoke . That has never been the issue. It was a matter of just relocating the pincer, where people smoke .just so other people don't have to breath it. That is all we hn ve ever asked for, is just moving the loca ti on. The Colorado Clea n Indoor Air Act docs offer clean indoor environments for people so that when they go to work, whether they work in a restaurant or a bar, they ha ve the abi lity to not have to breath second hand smoke and it benefits the public as well . Several slates have already done this ... Califomi :i , Connec ti cut , Delaware , New York , Rhode Island , Massachusetts and Maine . California has been smoke free for eight years and that was the inspiration . I had gone into a sports bar with my husba nd and children and we were in there unknown to us that it was a smoke free place in Santa Monica . And we were ready to leave and my husband said well you don't have to , no one smokes here. The place was full of pcople ... pcoplc who had to smoke just ste pped outside and came back in. The funny thing is it is just the fear of that tran siti on, but we arc very hopeful that we will get to that point and it will be common place. So, we want to thank you very much. I will be • taking this to Senator Grossm an who is th e State Senator who sponsored this bill and also to our HouSC members . Reprc~cntative Lindstrom and Representative Mark Larson also arc the House sponsors of thi s bill. She said I just want to thank you very much for yo ur sup port . • • Englewood Clly Co un cil Muy 2, 2005 Pu gc 9 2. He snid th ere \\'3S a nic e article in 1hc p;1pcr abou t Ara pahoe Acres on Sund uy suuin g what II ni i:c neighbo rh ood it is ... how i i is a nice historic neig hborhood . And I fo ci that w..: should embra ce it and use Arapuhoc Ac res to show off th e comm un it y more and keep Den ve r fro m clai min g it ... wh ic h th ey alwa ~1s do. 13. Clly Munagcr 's Rcporl City Manage r Sca rs did not h:ivc any matt ers 10 bring before Co uncil . 14. City Attorney's Report (a) Auth ority . City Au orney Bro1zm:m said I have a req uest h,r a moti on to se ttle thi s use tax rebate with Spor!S Mayor Ga rrett sai d I wi ll be abstaini ng fr om 1hn1 one since I nm employed by Sports Auth ority Mr . Brotzma n said yo u should have a letter from Browns1cin, Hya tt and Farber. Thi s matter was brou ght to a Stu dy Sess ion and we nt to an Exec uti ve Session subseq uent 10 th at. The y actua ll y accepted our last proposa l, whi ch is 10 se ttle all matters re gard ing the co nfusion between sales and use lax fo r $132,000.00 . There is no cap. There wasn't a cap und er the origi nal agreem ent s. The Sports Authority will not request any further adjustm ents from the Ci ty. Counc il Member Brads haw sai d I have a q ues tio n on the te rm s. How long do those run ? Mr. Brotzman said I believe there arc two more years on the agreements. Ms. Brad shaw said on bot h buildin gs? Mr. Bro tzman sa id yes , on bo th buildings . Ms . Brad sha w said okay, so th en the ca ll on this will end in 2007? Mr. Brotzman sai d I be lie ve th at is correc t. Ms. Brads ha w said okay . Ma yo r Pro•Tcm Wolosy n called fo r the vote . COUNCIL MEM BER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE SETTLEMENT OF THE USE TAX REBATE CLAIM. Vote results: Ayes: Nays : Abstain : M\l li un carried . Co unci l Me mbers Barren tin e. Moo re , Bradshaw, Wolosy n, Woodwa rd , Tomasso None Mayor Garrett Co un ci l Member Wol osy n said I would just li ke 10 po int out th at the $132,000.00 is half of tht amount of money th at they co ntes ted. Thi s was , as 1he lette r says . I think on bo th of our parts, a good fait h ge sture in the spirit and in tent of use tax agreements . And al so , I would add. th is co ntinue s a good working rel:11i ons hip . Mayor Garre ll said I would encourage you to co me to Malle y a we ek from tonight at 7 o'clock and celebrate our Citi zen of th e Year . Thank yo u very mu ch. I 5. Adjournment Th e meeti ng adj ourned at 8:05 p.m.