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HomeMy WebLinkAbout2005-05-16 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 16, 2005 I . Call to Order The regular meeting of the Englewood Ci ty Council was ca lled to order by Mayor Garrett at 7:32 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor Garrett . 4. RoU CaU Present: Absent: Council Members Tomasso, Moore , Barrentine, Garren. Bradshaw, Wolosyn, Woodward None A quorum was present Also present: City Manager Seara City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson . Safety Services Director Gryglewicz, Finance and Admini strative Services Senior Planner Langon, Community Development Senior Planner Graham, Community Development Direct or Fonda, Utilities Director Long, Library Fire Battalion Chief Fox, Safety Services Poli ce Lieutenant Sanchez, Safety Services 5. Consideration or Minutes or Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 2, 2005. Mayor Garrett asked if there were any corrections. There were none . Vote results: Moti on carried . Ayes : Council Members Barrentine , Moo re , Brad shaw, Garrett , Wolosy n, Woodward, Tomasso Nays : None 6. Recognition or Scheduled Public Comment Eng lewood Cily Council May 16,2005 Page 2 (a) Rcpresc nt.itivcs fr om th e Col orudo Human e Soc ic1y were prcsc n1 to th ank Dcpanmcm of Safet y Services Police Detective s Sco tt Bl ac k and Jan Ball fo r 1hcir cf.1 rt s in lhe in ve stigati on leadin g to th e recent co nvicti on of an animal abu ser . Mary Warren said I'm the Director of the Colorado Humane Soc iety . Th is is an even ing to say thank you. You two arc the most speci al , special peop le. We honor you. You know, th ere were fi ve police agencies that worked together a nd the coo perati on, the compass ion that led to convicti on was amazing . The world watched as yo u all did it right and it has made a difference in ani mal welfa re. II has made a difference fo r peop le too, because I truly believ~ that Ryan Turtura wns on a path to harm people and he said in the trial that that wa s ne xt. Yo u arc aweso me . We appreciate you. We know how difficult it was fo r you to come in and learn how to run a shelter. And it wa s tough , but you did a wonderful, wo nderful job. We appreciate you so very. very much . There was applause . Ms . Warren sai d we arc in our second decade, we ll into our second decade, of being pan of th e City of Englewood . It is amazing to me to watc h yo u ... Mr . Sears, Mr . Flaheny , Chi efOlson ... the people that yo u put in pl ace are warm and friendly and professional and I am very , very proud to be pan of this City and what this Ci ty stands for and what we all do together. The first quancr of this year there were 900 instances of peop le visiti ng the animal shelter and walking dogs ... 400 people walked dogs 900 times. You know that little tee ny, tiny sheller that. .. we alwa ys say ... is the shelter that sme ll s worse on the ouis id,-: than the iru;ide, based on where we arc ... but 900 times people have come in and been pan of who we are. It is an umaz ing pan of the co mmunity. Our vo lunteers arc treme11d ously su pponive. They love being pan of who v,;,• arc. Thank you for all owing us to share bei ng a pan of yo u. We appreciate yo u. Mayor Garrett said thank you .. congr:nu latioru;. There was app lause . 7. Recognlllon or Unscheduled Public Comment There were no unscheduled visitors . 8. Communications, Proclamatlon.s and Appointments There were no communication s, proclamations or appointments . 9. Consent Agenda (a) Approva l of Ordinances on First Re ading There were no additiona l i1cms submitted fo r app roval on fir st reading . (Sec Agenda It em 11 .) (b) Approval of Ordinance s on Second Read ing There we re no additional item s submitted for approva l on second readin g. (Sec Agenda 11cm 11 .) COUNCIL MEMB ER BRADSHAW MOV ED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (I), (II) and (Ill) (c) Rc so lu1i ons and Moti ons (i) The purchase of licensing and hosting service s for Da1astrcam 7i in lh c amo un1 of $63.4 15.00 . (ii) The purchase of one, new Sanitary Sewer Flusher Truck fr om Williams Equipmcm, in the 01.,ount of SJ 15 ,875 .00 . (iii) The appro v:11 of July 23. 2005 as a cit ywide pub lic sidewalk event. Vote resu lts : Ayes : Co uncil Members Barrentine . Moure. Bradshaw, Garren , Wo lOS)'n, • • • • • • Englewood City Council May 16, 2005 Page3 Na ys : Mo1iun carried . 10. Public Hearing Items Woodward. Tomasso No ne (a) Mayor Garrett sa id thi s is a Public Hearing 10 gat her publi c input on Council Bill No . 14, app rov ing amendmen ts pertaining to 16-6-6 : Fen ces. Wall s and Vi sua l Barriers of the Eng le\l ·oort Municipal Code . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 14, APPROVING AMENDMENTS PERTAINING TO 16-6-6 : FENCE'S, WALLS AND VISUAL BARRIERS OF THE ENGLEWOOD MUNICIPAL CODE. Ayes : Cou ncil Members Barrenti ne, Moore, Bradshaw, Garrett, \Volosyn, Woodward , Toma sso Na ys : None Mot io n carried and the public hearing opened. Senior Planner Langon, duly sworn , sa id for your consi deration this evening is Council Bill No . 14, ame ndment s to the Unified Development Code pertaining to Section 16-6-6: Fences, Walls and Visual Barriers. I have already submincd to the City Clerk notice of the Public Hearing that appeared in the Englewood Heral d on Moy 6, 2005. You have already reviewed thi s at the Co uncil Study Sessions in March and fir st reading was on May 21111 , the fencing regulati ons are pan of the reform atti ng in Phase 2 of the Unified Development Code. The Planning and Zoning Commi ssion reviewed these amendment changes and updates to the Code at muhiple Study Se ss ions over the past year. The Commission focused on clarifying and simplifying the existing regulations as part of the Phase 2 UDC project. The proposed amendments provide so me conformity and co nsiste ncy in lang.uagc so that like sections arc stated the same way and arc in a similar format as in other ponions of the C,xle. We have clarified and simplified so me languacc . We have separated out retaining walls and fences so that they arc two separate sections now ... basica lly just si mplified the ordinance . At Council's pleasure I can go th ro ugh each item or if you ha ve que stio ns , I would be happy to address them . Mayor Garrett asked if there were questi ons for Ms . Langon . Counci l Member Tomasso said on item Cit says .. maintenance: all fences and rctain,n & wall s should be kept in a state of good repair ." He said how will that be ascenained ~ Ms. Langon said that will be Code Enfo rceme nt s job ... so if it is falling rfr,., 11, there arc broken boards or th e chai n link that isn't connectcd ... it is kind of on a ra.sc by ca se ba sis . It was di 11,cu111 0 write something in there th at wo ul c. .... J re ss everythi ng. Mr . Toma sso suid I just wonde red how the s•ate of "good repair" would be de1ermined ... wha t standard s would be used? He sa id I was just curious . Coun ci l Member Woodward sai d on Pag e 12. number I "the separati on between pos t pillars shall be a minimum of 5 feet." Al a co rner where th ere happens 10 be a post 5 feet from the long group of posts and then yo u hit the co rn er at 2 fee t, lhat is still okay. correct ? Ms. L1ngo n sai d I think we ha ve to loo k at situations like th at. If ii. structurally , is not going to be a so und fen ce, l think we can look at those th ings, but typica ll y th e idea wa s lo keep the pos1s se parated so that sudden ly yo u don·1 ha ve a ma ss of posts, becau se pillars or po sts can be taller than th e fence . And, if people were staning lo brin g those together, hei ght would s1art to creep . Mr . Woodward said oka y. He said the only other questi on I ha ve, and l brought it up in St udy Sess ion, was where we k..:•!p re ferr ing to lhe replaceme nt of more th an 16 fce1 of exi sting fen ce. I guess I want your as sura nce th at I 6 feet, is clearly 16 linear fe et and does n't get confused wit h 16 square feet or so meth ing like that. Ms. Langon said it would be linear feet, because everythin g is mea sured on a linear ba sis . We cou ld ce rt ainl y inse rt that word . I gue ss it would be up 10 Mr . Brotzman wh ether 1ha1 wo uld be enough to 1uke it forward ... republi sh or just to include that one word . Mr . Woodward sa id if you feel that everybod y feel s clearl y th at it is linear feet ... ma ybe I am just being rea l anal about it , beca use whe n I se c feet , I usually thing square feet because of the type of work I've done . Ms. Langon sa id I think in rel ati on 10 a fen ce, beca use yo u are doin g a mea surem ent of len gth , I'm co mfort al;! ... wi 1h it. Mr . Woodwa rd said okay . Englewood City Council May 16, 2005 rage 4 Cou nci l Member T omasso said how often ca n you rep la ce the 16 lin ear feet, every week? Is there a lime limit ? Ms. Langon said th at is some thing the Planning Commission di sc ussed and th ere is no limit. Mr. Toma sso sa id one weekend 16 feet. th e ne xt weekend 16 feet ? Ms. Langon said that is one of the flaw s in that, yes . Co uncil Member Bradshaw said on page 12, under De sig n and Location number 4 ... "all fences shall be loc ated on the owne r's propeny, but no closer than I fool behind any public sidewalk ." There arc certain sidewalks in our community th at make tlrn.t vc, y difficult for any.:me 10 walk on . We were talking about that with Hollywood sidewalks , if somebod y ha s a truck and there is a mirror hanging ou1 , you arc going to be right up againsl the fence or yo u are going to have to du ck under the mirror or so me1hing like that. Did the Planning & Zoning Commission di~cuss that at all? Ms . Langon said the di sta nce factor was actually at the request of the Public Works Department and even though, aesthetically. you ma y have an area ... and Mayor Garrett brought thi s up previously ... aesthetically you may have an area of that I foot that could be a problem area. The reason thal it is al least a minimum of I foot. .. is so that if the sidewalk needed to be replaced, there would be room to put in forms and repair the sidewalk. I don't think the Cc..nmission looked at whether there was someone parking on the sidewalk. There are many si dewalks in the City that arc onl y two and a half foot wide and that, again, was why the I foot was jusl a minimum distance. Council Member Bradshaw said but then that becomes a maintenance headache if there is that I foot that is not behind a fence and that ends up being a weed patch, usually. Ms. Langon said correct. Ms . Bradshaw said but I have seen people resolve that with flagstone . Ms . Langon said right and that is what we would encourage people to do. That area is generally within the public right-of-way and under the authority of Public Works to ctetennine how close the fence or the wall could be to the sidewalk. Again, it's more of a practi ca l or technical reason that it is separated. Ms. Bradshaw said so taking that a step further .. if a resident had put flagstone there and then their sidewalk needed to be repaired , the City would have to replace the flagstone? Ms . Langon said, hopefully, it would be able to be removed without damage . Ms . Bradshaw said but it wouldn't be the resident's responsibility to put the flagstone back? Ms. Langon said it would be . Mayor Garrett said because it is in the casement. • Mayor Garrett asked if there were any more questions for Ms . Langon. Mayor Garrett said I have one on the same topic . If it is in the front setback, the fence height is limited lo three feet? Ms . Langon sai d three feet if it is a solid fence and four foot if it is an open fence. Mayor Garrett said what about a retaining wall'? Ms. Langon said on retaining walls there is no height limit. Ms. Bradshaw sairt there is no height limit? Ms. Langon so.id correct. Mayor Garrett said we have some properties ... and I'm thinking as you go up Hampden on the north side ... those retaining walls are right ne xt to the sid~walk and hold back a lot of dirt . So what happen s to all these properties, that arc non•co nforming, that arc all through the community? Ms. Langon sai d I'm sorry I didn 't hear the beginning of what you sa id . Mayor Garrell said most people have their edging. if you will, right at 1he sidewalk. So they arc just non-conforming. Ms. Langon sai d we will not be going out looking at each retaining wall or fence. As the y would come in for review for replacement or repair that would be when we would request th at th ey be moved back. Mr. Garrell said well if it is twent y feet of forty fe et you have a problem . If it is twe nty linear feet. yo u have to come in , because it is more than 16, but you have a 40 foot run, yo u have 20 feet that needs 10 be repaired, yo u would have 10 move that 20 feet back ... when your ot her 20 feet is st ill conforming. Cou ncil Member Bradshaw said that needs 10 be addressed. Mr . Garrell sa id the infamous di sconnccl, as they say ... di sco nnect between the t~o. Do we still need 10 do an ease ment agreement even if it is one foot back? Ms. Langon sa id if ii is within the public ri ght -o f-way. yes. Co uncil Member Bradshaw said I think it was when Doug and I were first on Cou nci l. a lady came to have a wall put in on Oxford. She asked fo r a Co uncil va riance on that. And th e reaso n was the shape of her property . There was no way that she could leave that foot , because there was so much dirt that they would have to remove or they had alre r,dy started 1he fence, or ... do you reme mber wh:u th at was about? Ms. Lnngon said I believe th at they had alr...:.1d:, installed it. Ms. Bradshaw sai d oh the y had already installed ii and wanted an encroachment agreement. f':l,1 peopl e st ill do that? Ms . Langon said about two years ago Council changed il ... thi s is actually within the Public Works titlc ... to allow the Director of Public Works to add ress those type s of encroachments. I think it was • only encroachments that had to do with structures, th at came to Co uncil. Minor one s like this would be at the discretion of the Publi c Works Dire~tor . Ms. Bradshaw sai d so we gr:rntcd that to that property . Going back 10 Doug's example ... if 20 feet of th :11 need s 10 be repaired th en they ha ve to se t it back o. fool? Ms. Langon sai d tha1 • • Englewood Cl ly Council May 16, 2005 Page S would be the tec hnic al way or re ading 1hc ordinan ce, correct. Ms. Brnds haw sai d how co uld we not read it thlll wa y? Can't we ha ve replaceme nt as replace ment? Ms. Langon said I belie ve we had writte n it as "any ponion of the wall" and aga in that was so that in those situati ons where the wa ll was adjacent 10 th e sidewalk we wo uld have th at opportunity 10 get them moved back, so th a1 if the sidewa lk need ed to be repaired or rep laced, in any way. then Pu blic Works woulc\ have that room 10 work rather th an w\.., .• ing directl y at the wall . Mayor Garre n asked if there were any othe r questi ons for Ms. Lan go n. Council Member Bradshaw said I would like 10 offer so me kind of amendment. Mr. Ga rrett said we are in the Public Hearin g now. I think we will probably do that on seco nd r,·11ding. Mayor Garrett asked if there were any other questi ons fo r Ms. Langon . There were none. Mayor Garrett said no was has sig ned up to address us on thi s iss ue. Thi s is the Public Hearing on fen ce and wall s. Is th ere anyone here who wo uld like to speak on this parti cular issue 1onigh1 ? No one ca me forward . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO CLOSE THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 14, APPROVING AMENDMENTS PERTAINING TO 16-6-6: FENCES, WALLS AND VISUAL BARRIERS OF THE EN GLEWOOD MUNICIPAL CODE. Ayes: Council Members Banentine, Moore, Brndshaw, Garrett . Wolosyn, Woodward, To mas so Nays: None Motion carried and the public hearing closed . II . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Readi ng (i) Senior Planner Langon prescnlcd a recommenda tion from the Community Development Dcpanment 10 adopt a bill fo r iln ordina nce approving the proposed "housekeeping" amendment s to Till e 16: Unified Deve lopment Code of the Englewood Municipal Code ilnd to set a public heari ng date of June 6, 2005 to gather input on th is issue . She said , as you recall , the Unified De vel opment Code was ndop lcd in February of 2004 and it was the firsl major rewri te of the zonin g and subdivi sion regu lati ons in almost 20 years . The Unified Developmcnl Code Project rcfom1atted , reorga ni zed and updated the Code and it also establi shed some new regulations fo r the Ci ty. It was anticipa!cd, due to the volum e or material , thnl 1here wou ld be oversigh ts and errors and that they were inevitable and we would handle those sma ll iss ues through a "ho usekeeping" amendment. And , that is wha t is before yo u. There arc nineteen sec tions. The maj orit y or them have to do wit h correcti ons of omi ssions . minor clarifi cati ons and co nsistency issues with the rest of 1he titl e. There nrc three area s of new material and lhey include : inl cmc l snlc s that wa s not previ ous ly listed in the Cod e; permi tted projections into s~1bncks ... those are long standing Ci1y po li cie s that we have codified and the n a new section ... lap sing of approval. th at sets a 180 day time frame fo r termin atio n or postponed cases. That wa s 10 prevent , ba sicall y, stale cases or title clouds on propcnie!). If you have que sti ons I wou ld be happy to address th ose. Otherwise, we request that a Public Hearing be set for June 61ll . Mayor Garrell asked if th ere were any que sti ons. Co uncil Member Toma sso said doe s item 16-2-20-Historic Designation do anythi ng to pro tect the buildi ng? Ms . Langon sa id no, per Council 's direction th e Hi storic Des ignati on change s had to do with the amb iguity or the term i: nomi nati on and app lication and we have add rcsi:cd th in by mak ing it consistent w hall oth er developme nt app lication s withi n the City . And th en, the mnj or change is movi ng ii from Chap ter 6. whi ch is n Stan dards chnpler 10 1he Proc ess chapter ... Ch apl er 2. So th at is wh y one sectio n is be ing repealed and it is b :ing reenacted under Chap ter 2. Mr . Toma sso sa id but it offer s no pro 1cc tion whatsoever fl>r hi storil: slru ctures '' Ms. Langon said that is correct. Mr . Tomas so said does ii do anyt hing ot her than m.1ke statements? Ms. Lan go n s.1id it docs all ow so meo ne who would want to hove th eir property des ignat ed as such. that opportuni ty. If 1hcy did thu , their benefit would be la x credit advanla gcs from ei ther St ate or Federal age ncie s. Mr . Tomasso said but it offer s no p11Jtcc tion to the En glewood Cit y Coun cil Mu y 16 , 2005 Page 6 citi zens of th e Cit y., .to historic bui ldin gs ... fro m someo ne that live s in Toledo and ha s no co ntac t with the City wha1soc ver ? Ms. Lango n said that wou ld be correct. Mr . Tomasso sa id then why do we ha ve thi s in here then'! Why docs it exist'! Co un cil Member Wolosy n sai d I wo uld li ke 10 ask if it mi ght be po ssible to rc mO\'e th is sec ti on and vote on ii sc pan11c ly, sin ce ii isn't a straig ht fo rwa rd ho useclea ning. ll docs invo lve a liulc bit of po li cy changr.. Maybe 1ha1 would help . Mayo r Ga rren said actua ll y I don't fee l ii was a poli cy change. b Volosyn sa id actL1a ll y Lh cre was a bil of ambi guity there, po li cy wise . II mi ght j ust make it easier to vote on what is house keep in g. Co unci l Mem ber Bradshaw said so remove the !ab le? Ms. Wolosy n said just address 16-2-20 s:parat ely, instead of n part of it. Ms. Brad shaw sai d oktt y. After so me ui scuss ion. Mayor Garren said if we pull it from the il cm we woul d ha ve to sc i a seco nd Pu bli c Heari ng fo r 1hc sttm e day to di sc uss 16-2-20 specifi cally . I just want to make sure if we do th at, th at we kn ow what we arc doin g. Ms. Brad sha w sa id I th ink we need to. Ma yor Garrell as ked if !he re we re any oth er questions for Ms. La ngon. Council Mem ber Bradshaw said on 16-2-1 ... UDC , page 9 ... und er Board of Adju slment and Appea ls ... when it says th at "the Board shall ha ve the po we r to hear and determine appeals fro m refu sa l of buil ding perm its," tell me more abo ut th at. Wh y wo uld so mcbody ... thcir bu il din g perm it wo uld be refu sed beca use ... ? Ms. Ul ngon said beca use the y didn 't wa nt to build 10 th e Building Code . Perha ps they were wa ntin g to add a basem ent to an apartment and the cei ling heigh t was less than th e require ment in the Code . And so they were goin g to go fo r an appea l fo r th at. Ms. Brad sha w said okay . So it goes to th e Board of Adju stment and Ap peal s, the y s1ill have th ei r crit eri a. Ms. La ngo n s:1 id an appeal is different th an 11 variance . Ms. Brad shaw said okay . Ms. Lango n sa id an appeal is 10 the decision of 1hc Chief Building Offi ci al , 10 either gra nt or not grant. Ms. Brad shaw said so then if the buildin g permit was deni ed nnd the Board said iss ue ii , th en the Chief Build ing Inspcc1or hns to issue 1hc permit ? Ms. Langon said 1hat wo uld be correct. Ms. Bradshaw sai d okay , Wh at is the tim e line on that ? If somebody had their building pe rm it turned down. how long does it take it to go thro ugh the process ... is it 60 days, 90 days 7 Ms. Lango n said proba bl y 30 10 60 days fo r an appeal. Cit y Att orn ey Brotzman sa id it is usuall y set for the very ncx.t meetin g. Ms. Br adshaw sa id afl cr it was de ni ed'? Mr. Brot zman said co rrec t Ms. Brad shaw said then th e appea l be yo nd 1hat. .. if th e Boa rd of Adjustme nt and Appeals say s no. Ms. Langon said th en it would go 10 Di stri ct Court . M ayor Ga rrell as ked if th ere were any other questi ons for Ms. La ngo n. Co uncil Me mbe r Wood wa rd said I have a questi on. On page 9. item d, whi ch has been deleted , regarding th e new fro nt po rch. My qu es tion is why arc we del etin g th at? Ms. Langon sa id be ca use of th e change s i,1 the project ions, ii was redund ant. Mr. Wood ward said oka y. Ms. Bradshaw sai d it doesn't mean th at we arc di sco ura ging fr ont po rches. Ms. La ng01 ,;ai d no. we all owed it with in th e projecti ons. So, to relie ve any co nfu sion ii was ea sie r 10 take il OUI. Co uncil Member Bra dshaw said on page 15 where it is talkin g abo ut yard standard s fo r devel op men t of ma nufJcturcd home parks. Wh ere would th ose be loc aled in our Ci ty? Ms. Langon said, c urre ntl y, manufactured home par ks arc permitt ed in th e In du str ial Zone Dis tri cts. Ms. ll rad shaw said so if so mebod y had some indu stria l land and th ey wa nted 10 have a ma nu fac tured home su,.,.Ji \/ision, th ey co uld put ii in th e indu stria l? Ms. Langon s:1id if lhey had the ap pro pri ate amount of la nd area , Ms. Brad shaw said do we all ow manu fac tured home s 10 be built anyw here else in the Cit y'! Ms. Lan go n said Industria l Zo ne Di stricts and as long as th e hom e is UBC ra ted and the indi vidu al yard could suppo rt a manu fa ctured home. I gu ess your qucs1ion is ... arc yu u talkin g manufa ctured home or ma nu fac tured home pa rk? An indi vid ual manu fa c1urcd home co ul d be placed anywhere in the City as long as it • • meets th e UBC Code . Ms. Bradshaw said th e homes th at we we re hav in g di ffi c ult y with aro un d Clay1on ... basic all y • it wa s a mobi',c.: home th at the y took off the wh ee ls and put it on a fo undn 1ion. Cil y Manager Scars said th ey came to th e Ci1 y and 1hcy wn n1 cd i1 10 be app roved by the Buildin g Departme nt , but as Tricia said, it didn 't mccl th e standa rd s. There is a UBC stand ard 1hat actua ll y hus to be mad e where th ey • • • Engl ewood City Co un cil May 16, 2005 Page 7 manufo clurc it and then it hns to co nform 10 the loc al Cod e. And by taking off :he skirting or wha1 evc r they had around th ere, they then foi led 10 compl y. Ms. Brnd shaw said also it was 1hc loc'ltin n or 1hc hot wate r he ater and th e fu rnace. Mr Scars sai d exactly . It didn 't co mpl y wi th the loca l cod e, but whe n! cy cha nged that to mee t our Code, then we said they were oka y. He sa id I don't kn ow how man y there are, but tha~'s bee n three or four years ago. Ms. Brad~haw sa id okay . Tha nk yo u Tricia. Ma yo r Garre n asked if there wcl'C any other questions. There were none Ma yo r Garrett thanked Ms . Lan go n. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO PULL 16-2-20 FOR A SEPARATE PUBLIC HEARING ON JUNE 6, 2005. Mayor Garrett asked if th ere wa s any discuss ion . Tl ,cre was none. Vote results : Motion carried. Ayes: Co uncil Members Barre ntine, Moo re, Brads haw, Garre tt , Woi \,)~''• Woodward, To masso Nays: None COUNCIL MEMBER WOLO~YN MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEAIUNG ON JUNE 6, 2005 ON COUNCIL BILL 17, WITH 16-2-20 REMOVED. Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw , Garrett, Wol os yn , Woodward, Tomasso Nays : None COUNCIL MEMBER WOLOSYN MUVED, AND IT WAS SECONDED, TO SET JUNE 6, 2005 FOR A PUBLIC HEARING ON SECTION 16-2-20. Moti on carried . Ayes: Council Members Barrentine , Moo re, Bradsh aw, Garre tt , Wolmvn, Woodward , Tomasso Nays: None COUNCIL MEMBER BRADSHAW MOV ED, AND IT WAS SEC ONDED, TO APPROVE COUNCIL BILL NO. 17, WITH 16-2-20 REM OVED , IN A SE PARATE ORDINAN CE. COUNC IL BILL NO . 17. INTRODUCED BY COUNC IL MEMBE R BR ADS HAW A BILL FOR AN ORD INAN CE AUTHORIZ ING AMEN DING TITLE 16: UN IFIED DEVELO PM ENT <:OD E OF THE ENGLEWOOD MUN ICIPAL CO DE 2000, THE SE .\RE HOUSEKEEPING AMENDMEl\"r S. Ma yo r G111Tett asked if 1here was any di sc uss ion. There wa s none. Vote results: Ayes: Co uncil Membe rs 811 rrcn1in e, Moore, Brad shaw , Garrett , Wolosyn. Woodward , Toma sso Nays: None Moti on carried . COUNCIL MEM BER WOLOSVN MOV ED, AND IT WAS SECONDE D, TO APPROVE SECTION 16-2-20 ON FIRST READING . Ayes: Co un cil Members Barrentine , Moo re, Brad shaw, Garrell , Wolosyn, Woodwa rd Na ys : Counci l Member Toma sso Englewood Clly Council May 16, 2005 Page 8 Moti on ca rri ed. (ii ) Seni or Planner Graham prc sen1 ed a reco mme nda ti on fro m th e Co mmun i1y ~~~lo pmcnt Dcpanmc nt to adopt a bill fo r an ordino.nce amending 1he Uni l;!.!d Development Code rcquiremcn \.' ,or front set bac ks in the MU -B-2 zo ne di str ic t. He said thi s it em wa s before the Council in Janu ary. Fcbrn U )' and Ma y when we discussed the imp ac ts on loca l bu si nesses . We di sc ussed pro viding temporary relief to bus in esses that were applyi ng fo r building perm its and on Ma y 2nd we discus sed the so lut ions that the Plann ing Camm i!-,11 ,11 bas sugge sted . The recom mended ac ti on is for Cou nci l to nd opr a bil l amendin g the Unified Dcvclopmrn l .. 'ode so that thi s relief would be provided in four instances: si dewalk ca fc s. addi ti ons to exi sting building s, dee p co;11rti:r~1al propcnies an1 dri ve-thru uses . Al so in the recommendation. should be the reque st for a Publi c Heari ng to be sc heduled po ss ibly on June 6•. Mayor Garrett asked if there were any questi ons for Mr. Graham . Council Member Tomasso said in the Englewood Hr-raid it stated that th is applied to Commcrc i,tl FeC:.i::ral . Is Lhat because they arc doing a drive-thru or is it just because !hey arc doing an addition to a building Lhat they arc going to tear down·/ How docs that work? Mr . Graham said the drive-thru use would be sufficie nt, but the case yo u ra ise was th e case ... at Burt for example, they would qual ify as a deep co mmercial lot ... mC':-c than 250 feet deep of commercial zoni ng and lot , nn-1 as additions to buildings . So , in some case s both c ircumstance will apply and eithe r would make them eligible . 1.,t.'lyor Garrett said but at the Commercial Federal site? Mr . Graham sai d that was the Bun site, but the Co mmerci al Federal site . as a drive-thru use, would qualify . Mayor Garrett asked if there were any other questions for Mr. Grah am. There we re none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I I (a) (U) • COUNCIL BILL NO. 19 AND TO SET A PUBLIC HEARING ON JUNE 6, 2005. COUNCll. Bill NO . 19, INTRODU CE D B\ COUNCll. MEMBER WOLO~YN A BILL FOR AN ORDINANCE AUTHORIZING AMEN DIN G TITLE 16, CHAPTER 6, SUBSECTION B. OF THE UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUl•IICIPAL CODE 2000 , PERT AINING TO FRONT SETBACKS IN Tiffi MU -B-2 ZONE DI STRICT . Mayor Garrett asked if th ere wa s any di sc uss ion. There was none . Vote results: Motion carried . Ayes: Co uncil Men,bcrs Barre nt ine. Moo re , Bradshaw, Garre tt . Wololiy n, Woodward, Tomasso Nays : None (i ii ) Direc tor Fonda presen led a recomm endat ion fr om the Littleton/E nglewood Was te wat er Tre atme nt Pl ant Super visory Co mmittee to ad opt a bill for an ordinance granting a utili ty easement to Pub li c Ser vice Com pany or Colorado for install uti on or new over head hi gh voltage powe r lines at 2900 So uth Plnne River Drive . He sa id we have wo rked with Publi c Service. We will be upgr.idin g the amount of power that we ca n get through the switch gears. but we foun d a new ro ute th at is shoner and will therefore sn ve a sub stantia l amou nt or mo ney . We wo uld recomme nd grantin g an case me nt, so they ca n run th eir lin es along th at easeme nt into the sw it ch gear. Mayor Gauett asked if there we re any qu es ti ons fo r Mr . Fo nd a. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ill)· COUNC IL BILL NO . IS , CO UN Cll. Bli..1 NO . 15, INTR ODUCED BY COUNC IL MEMB ER WOLOSYN • • • • • • Eng lewood City Co uncll Mai· 16, 2005 Pagc9 , 'l lLL FOR AN ORD IN ANCE GRANT ING A UT ILITY EASEMENT TO PUBLI C SE RVI CE CO MPAN Y OF C.u :..ORADO (dba Xcel Energy ) FOR INST ALLATION OF POWER LI NES AT 2900 SOUTH PLATTE RIV ER DRIVE (Littleton/Englewood Was tcwa lcr Treatment Plan1 ). ~ayor G JJ 1 rcu asked if th "!rc were any co mrr.e nts or que sti ons . There we re none. \Tote resu •:h, Ayes: Coun c il Me mbers Barrenti ne. Moore , Bradshaw, G arrell , Wo losyn. Woodward . To masso Nay s: None M oti on cm:ied . (iv) Director Fo nda presented a recommend atio n from the Utilities Dcpanmcnt to ad o pt a bi ll fo r an ord inance approving th e Lice1 ..:c Ai11, ement and Temporary Co nstructi on Ease ment with Qwe st Corporatio n fo r installati on of PVC co nduit for II fiber c;i;ic liuc fo r internet service . He said 1hi s is ju st a sl3ndard cross ing agreement fo r Qwest as a util ity. They nrc g.:1ing to run a fiber optic line and they arc go ing to bore it , so that it will not interfere with us . It is located down oy 1hc large a nim al clinic . where it meets Wo lh urst, near County Linc Road. Mayor Garrett as .. cd if there were a ny questi ons fo r Mr . Fonda. There were none. COUNCIL MEM J ER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Iv)· COUNCIL BILL NO. 18 . COUNCU. BILL NO . 18. INTRODUCED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORDINAN CE APPROVING A LICENSE -CITY DITCH CROSSL'1G AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO. AND QWEST CORPOR A ~ION FOR A 2"" PVC CONDUlT CROSSING OF THE CITY DITCH . Mayor Garrett asked if there were any qu estions or comments. T he re were no ne . Vote results : Ayes : Coun ci l Members Barrentine. Moore. Bradshaw, Garren , Wolos yn. Woodward , Tomasso Nays: None Mmi on carried. (b) Approval of Ordinances o n Second Readin g (i) Coun cil Bill No . 13 approving th e agree men t wi 1h Va ll e y Sa nit atio n Dis1rict fo r realignment of th e Va ll ey Sa nitation Di strict sewer li ne at th e Wastewate r Treat me n1 Plan! was consid ered. COUNC IL MEM II ER BRAD SHA IV MOVED , AND IT WA S SECONDED, TO APPROVE AG ll NDA IT EM 11 (b) (I)-OR Dl',ANCE NO . 18, SERlES OF 2005. OR DINA NCE NO . 18. SER IES OF 2005 <COUNC IL Bn..L NO . 13. INTRODU CE D BY COUNC IL MEMUE R BRADS HAW ) AN ORD INAN CE APPROV ING AN INTERGO VERNME NTAL AGREEMENT BETWEEN VALLEY SANITATION DI STR ICT FE RT AININ G TO THE REAL IGNMENT OF VALLEY SAN ITATION DI ST RI CT SEWER LI NE AT Tl-IE LITI"LETON/b .G LEWOO D WASTEWATE R TREATMENT PLANT , Vote results : Ayes : Coun ci l Members Barrentine , Moore. Brnd~haw. Garrell . Wo losyn. Woodward , Toma sso Nays: None Englewood C ity Council May 16,2005 Poge 10 Moti on carried . (c) Rc so h11 io ns and Moti ons (i) Director Gryg lcwicz prese nted a recommenda tion fro m 1he Finance and Ad mini stra ti ve Services that Co unc il adop t 11 re so lutio n approvi ng suppl cmcnm l approp ria tio ns for th e year ending 2004. He sai d lhis is a reso lution to co mpl y with Ci ty Chaner requirement s no t to expend funds without bud getary app roval. Th is is a suppl ementa l approval for 2004 . There are three funds affec ted : the General Fund fo r $5 :i.500.00 fo r energy costs in the Public Works Dcpa nmcnt : the Donors Fund for S95 ,200.00 for exercise equ ipment, ev idence storage and build ing improvements ... those were Forfeiture Funds : and th e Service Ce nter Fund for $107,(X)().00 ... the use of fund s arc for cost of sa les mainly outside se rvices and other costs re lated to vehicle maintenance. Mayor Garrell asked if there were any questions for Mr . Gryglewicz . Mayor Garrett sa id will these be reflected in the audited fin ancials th at we will sec shortly ? Mr . Gryg lewicz sa id yes. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 45 , SERIES OF 2005. RESOLUTION NO . 45 , SERIES OF 2005 A RESOLUTION APPROVING THE 2004 YEAR END SUPPLEMENTAL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS . Mayor Gan !lt asked if there were any co mments or questions . There were none. Votel'ftUlts: Mot ion carried. Ayes : Council Members Barrentine, Moore , Bradshaw , Garrell , Wol osyn, Woodward, To masso Nays: None (ii) Director Long prese nted .t. recommendation fro m the Library Department that Counci l adopt a resolution authorizing the library's "Sum mer Food fo r Fi nes" program from Monday , May 23 through Sunday , June 5, 2005 . He said we ha ve had the program for the past fifteen years, in whi ch we have raised over $22,000.00 for the Inter-Fait h Community Tad ,'. Force Food Bank . It has proved to be a very popul ar program with the community and we wou ld like to co ntinue that, so we would graciou ::ly ask for yo ur approva l. I uld be glad to answer any questions. Mayor Garrett asked if there were an y questions. He sai d ii has been a good program over the years. Ms. Bradshaw silid 11bsolu1 ely. The reso lut ion was assigned a number and read by title : RESOLUTION NO. 46 , SERIES OF 2005 A RESOLUT ION AUT HORIZING THE ENGLEWOOD PU BLIC LIBRARY TO IMPLEMENT THE SUMMER "FOO D FOR FlN ES" PROGRAM FROM MONDAY , MAY 23 THROUG H SUNDAY, JUNE 5, 2005. • • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (e) (II)· RESOLUTION NO. 46 , SERIES OF 2005 . Ayes : Coun ci l Membe rs Barren tine, Moore , Brad shaw . Ga rrett, Wolosyn , • Wood ward , Tomasso Nays : None Motion carr ied . • • • Englewood City Council May 16, 2005 Page II 12. General DU.Cuss lon (a) Ma yo r's Choice (i) Mayor ,arrclt said onr. of ,he thing!. th :11 was askcd ... that wa s in your pac ket. but I 1hough1 Gary co ul d hii:"hlight it just a li11l c bit. .. h. '1"..Y these goals, that Counci l loo ked at our sess ion a co uple of Saturd ays ago, fit into our Co mpreh ensive Pl an goals, th at we had set when we did th e Comprehensive Plan . City Manager Scars sa id thanks Doug . I know a ~o uplc Co, JlC:il r!'IJ'mbcrs ha ve asked me thi s que sti on. For the most pan the goals that the staff came up with ... and then ,.he Cou -i ... i: with the one change going from City to Community ... Lhe five outcomes were actuall y 1,trV si · itar tn wh1.1 were in the Comprehensive Pl an, as a res ult of the overall Comp Pla n and all the public input !Pctl w }~ tnJ , that. The two differences were, number one, in the Comp Plan there was a discussio n about regic ~ coc P6-~·b n aod I think there was some disc ussion that we had, al the staff level , but we didn't raise that to the Co uncil , we didn't ge t into it at the goal setting !-ess ion , but it is certainly something, as we go forward, that co uld be an outcome. I guess o urs were a little bu more what we thought a citizen would look for in City services, but regional cooperation was the o ne o utcome that was shared. The other was infrastructure. In the public discussion, infrastructure reall y wasn 't li sted as a goal within the Comprehensive Plan. So, staff and Co unc il kind of looked at that at the goal setting sessio n to say that infrastructure was imponant. II certainly was very important from staffs viewpoi nt, but at the public meetin gs, infrastructure, which is a little bit hard to get a handle o n, wasn't identified . So, through th e public process, four out of the fiv e were identified and elevated 10 the Roadmap: Englewood common themes as a result of the Comprehensive Plan process that occurred a couple of years ago. That is in the Short Tenn Requests so you can take a look at that. Mayor Garrett said thank yo u very much . (b) Council Members' •'::hoice (i) Council Member Barrentine: I . Sh e said I had a meeting of Positi vely Enp1c wood. Given the Go vernor 's rece nt proclamati o n honoring police officers, we had a disc ussio n about wantirr 11:1 go ahead and include some space for four spols for some police l'fficers and four spots for some firemen ; , '~': Safety Services Divisio n. That wa s brought forward by Co- Ch a ir Daryl Estes and Positively Englewood me .. '".t.cr Jon Cook. Going aro und . I mentioned thi s to a co uple of peo ple and I had a c it izen who just so strongly believes in o ur Sa fety Services Di vis io n, has grown up in 1hi s communit y volunteers at the Library and wanted to fund that, so she donated Sl .2 0CX).00 to Positively Engle wood as a sponso r o f lhe to urna ment so that that co uld happen. That was Janet Mahaffey and I was just iinpressed by her immediale desire to do thi s. her complimenting our Safety Services paramedics, the Fire Departme nt, and 1he Pol ice Department ... not only during the time she was growi ng up. but as a n adult in thi s communit y ... a nd how impressed she wa5 with th e m. I wanted to share that a nd let yo u know those ei ght s po1s ... fo ur for the Fire Dep an mi:n t and four for the Poli ce Department. .. arc al yo ur disc reti on. Thal wa s the best way we could come up with to ha ve those equitably managed and share their great regard for yo u. So I wan1cd to pass th at al o ng and also how pro ud o f them we arc alwa ys, b ut that is the kind of communit y this is and the ki nd of impress io n th at yo u guys ha ve made o n them. And also, it is o n June 13th .just to put a plug in for the Golf To urna me nt . 2. She said 1hc Code E nfo rceme nt Board has come to City Co unci 1 .md made a prcse n1a1i o n o n so me heart-felt tho ughts ... several meetings wonh of di sc uss io n in trying to deal wit h diffcrenl iss ues that had come up and most of whic h had come to th em agai n and aga in fr om City Counc il. They had req uested that a mo ra1orium be pl acrd on th e ino perable vehicle ord inance ... thc dereli ct ponio n of it, that had lo do with the tra ilers, boats, RV s, and campers ... until some of the problems could be addrcssed ... somc of whi ch had been bro ught by City Council and some of them th at they were able 10 identify as additi o nal problems. There was di sc ussion at the time and I wan1ed to bring it to a vot e and ask fo r a vote o n th at monllorium th al they recomm ended . COUNCIL M EMBER BARRENTINE MOVED TO ENACT A MORA TCIJtlU M ON THE SECTION OF THE INOPERABLE VEHICLE ORDINANCE THAT HAS TO DO WITH TRAILERS, CAMPERS, RY 'S AND BOATS, UNTIL THE CODE ENFORCEMENT BOARD CAN ADDRESS THE IS SUES THAT CIT\' Englewood City Council Ma• 16, 2005 Pa ;v 12 COUNCIL BROUGHT UP AND THE OTHER ISSUES OF EXPENSE AND THOSE CONCERNS THAT THEY HAD, FOR AT LEAST SIX MONTHS. Co uncil Membe r Woodwa rd said so th eir requ es t fo r a ycar ... basica ll y yo u are mod ifyin g it to six mo nih s. Ms. Barrentine sa id there was no specific requ es t at the ti me, onl y th at th ey be give n up 10 a ye ar . I wo uld like to see at leo.'it six mo nths and that is my motio n. Co uncil Member Wolosy n said I have u que sti on. I 1hougL1 we had a friendl y agreement not to put items up for vo ting of thi s caliber. I do n't mind vo ting if the re st of 1hr Co uncil is in 11grecmcnt ... bu1 I did think that we did disc 1i:;s th is before and sa id we wouldn 't do thi s, th at we wt..1 uld put it on the Agenda . M~. Carrcntinc said un fo rtun ately. in my opin ion, wh:u happened is we end ed up vo ting in a Study Sessio n, which I don't think is app roprinle . The moti on died for lack or n seco nd . COUNCIL MEMBER BARRENTINE MOVED TO PLACE A MORATORIUM ON THE ORDINANCE SINCE A RECOMMENDATION WAS MADE THAT STAFF DO THIS, INSTEAD OF CODE ENFORCEMENT; THAT IT BE TAKEN A WA V FROM THE CODE ENFORCEMENT BOARD AND PLA CED FOR STAFF TO MAKE A RECOMMENDATION THAT A MORATORIUM BE PLA CED ON IT UNT IL STAFF HAS MADE THE RllCOMMENDA TION. The motio n died f~r lo.c k or a second. COUNCIL MEMBER BARRENTINE MOVED TO SET A PUBLIC HE.ARING ON THE CODE • ENFO RC EMENT BOARD'S RECOMMENDATION ON THE PROPOSED CHANGES FOR THE CODE • ENFORCEMENT ORDINANCE THAT I HA VE MENT IONED. Ms Barrentine said I mea n 1here is a de sire 1h t we all want IC' make sure that the pub lic ha s an opportunity to be hcord. Th e moti on di ed for la ck or a seco nd . 3. She said I had so me concern s abo ul the budge t mee ting that we attend ed the la st Saturday .. .I mean the Saturda y before . There was n'I reall y a budge t hearing . Th is process th at we went thro ugh did not give anybody in 1he City an oppo rtunity 10 co mme nt on how we ll they have done with their previ ous goals and objec1j ves and we we re not gi ve n an y kind or fin ar1ci a\ in fo rm ati on. And we we ren 't given any fo r the future . I am kind of concerned th at we will be entering a bu d ge l process in Sept embe r without th at kind of retro spective, intros pective process happe ni ng as it relates 10 money. I j ust wa n1 cd to make sure th at th at was he nrd . (ii) Counc il ~tcmbcr Brad shaw sai d I j ust want ed 10 re mind Co unci l of the ''Meet the Authors" Open House th at is coming up thi s Sund ay. beca use it was snowed out be fo re . Mr. Lon g said there is no snow fo recas t. so we are loo king for ward to th e Ope n House thi s co min g Sunda y. You are all invit ed and we hope to have a wond erful t urn out. It will be from I :00 10 3:00 p.m. in the Library with 35 Colora do uuthors. Ms. Brad shaw sa id ii is reall y ~ood . If yo u have time. stop by. (iii) Counc il Membe r Tomasso : I. He sa id I j ust wa n1 cd 10 say that I rea ll y enjoyed myse lf m th e Ta ste of Eng lewood las t Thursday. It was a reall y wo nd erful e vent. Genroku served very lar ge po r1i ons of sust,i. II was just really wonderful food and n lot of wonderful items to bid on. 2. He sai d th e 01 her 1hing I woul d like to bring up is the ba nn er fe e. I wo uld like Co unci l's ap prova l 10 wa ive • 1he banner fee fo r th e Old Town Englewood Merchanl s Associat ion fo r their ca r show co ming up the 23 rd of July . l-l opc rull y. we ca n make up th e money in sales 1ax lh at 1hcy wi ll gc neru lc thu t d11y th ro ugh 1hc adve nisc mc nl of thi s eve nt • • • Englewood Clly Council May 16, 2005 Page 13 Co uncil Membe r Wolosyn sai..1 just for the reco rd how mu ch is th e ban ner fce 1 Mr . Toma sso sai d $1 50.00 . COUNCIL MEMBER TOMA :'iSO MU VED, AND IT WAS SECuNDEll TO WAIVE THE FEE FOR THE MERCHANT'S OF OLD TOWr. f.. 'GLEWOOD TO HANG TH EIR E'·\NII/ER ADVERTISINC THEIR CAR FESTIVAL M11 yo r Garrett asked if there wa s an y di sc u sion. There wa s none . Vote results: Motion carried . Aye s: ~.\l ;nc il Mcmters B11rrcnt !!'""' .\I-. ,;e, Br.idshaw , Garrett , Wolosyn , \Vtk.,Jwa d. Ton usso Na y:i: None 3. He said 1 • t:.:ci ved an c-mo.il rc~a:·rJ i~g the Culture. Commerce und Community Co nference from Mike Flaherty . I was 1 J ·.dcring if we had ants, ff that was going to attend . City Manager Scars said I don't know. I will hnvc to get back to you . I suspect th11t someone with the Community Devel opment Dcp?.nment m.!ly be there. It may be something that Co uncil would want 10 attend also. We will send a note to Council as to who is goi ng to attend . It does sound like a good session. (iv) Council Member Woodward : I . He said 1 had the opportunity to meet with the Englewood Transportati on Advi sory Comm ittee las t week and, as a citizen , regarding the problems that some of the neighbors around Englewood High School have experienced recently , I want to ~ay 1 certainly appreciate Ladd's attention and the Committee's attention and I thank them . 2. He said Bev had mentioned she was al Habitat fo r Humanity last week again and I am going to hit it again thi s week. so we nre getting our house built in En glewood. 3. He said I want to make sure that everybody is aware of the Di strict meeting next week on Monday the 23 rd at 6 o'clock at Pirates Cove . (v) Co uncil Member Wolosyn said I want 10 thank Harold for doing a fine job of looking at the way the di scuss ion at the Retrcnt refl ected our extensive work on the Comp Plan . 13. City Manager's Report (a) City Manager Se ars said I wanted to as k Council to co nsider rescheduling the Ju ly 5. 2005 Cit y Coun cil meeting 10 Jul y 11 . 2005 . Mayor Garren said to clnrify, the 4th is on a Monday , but 1hc rea so n we had moved it is because ii wa s suc h a sh on week, staff didn 't actu all y have time 10 gc, everything prepared to get 10 Council and gel things ready so we del ayed it o ne week last year for that purpose . Mr . Scars said we arc in th e sam e situati on thi s year, but it is cenainly up to City Council. We cert ainl y can meet the night after July 4th if that is preferable 10 Council. COUNCIL ~!EMBER IIRADSIIA W MOVED, AND IT WAS SECONDED , TO RESCHEDULE THE JULY 5, 2005 CITY COUNC IL MEETING TO JULY 11, 2005. Mayor Garrell n:.k cd if there any di sc ussion. There wa s none . V ,tc results: A,·c Co unci l Mem bers U:mcnline . Moore. Brad shnw, Garre11 . Wolosy n. Wood ward . Toma3M.I Englewood City Co unrll May 16, 2005 Page 14 Na ys: Moti on carri ed. No ne (b) City Mana ger Sears sa id Co unr;I recei ved. with the excepti on of Council Member \Volosyn . a lcu cr loda y fr om Bruno. Brun o & Co lin . P.C. regarding a fo ll ow•up 10 the vote o f no con fiden ce for D1rcc1or Ol son. Again. I wa s not awa re ofthi s ... therc was no lc lep hone ca ll . there wa s no prior information 1ha1 thi s leuer wo ul d be forthcomi ng. ln essen ce, fr "lt my viewpoint. ii basically says th al there ha sn 't been any respon se back to the Englewood Benefit Assoc ia tion since th e mec 1ing of Feb ruary 22. 2005. of whi ch Mr . Bruno, on behalf of the Assoc iation, raised 1hrcr. ci)ncc r 1s out oft \\C nty •some conci::ms 1ha1 he idcn1 ificd 1hn1 were not being done, whic h le ad to the vole of no conli dcnr c. Directo r Olson did receive this today and because we wou ld not mee t aga in fo nnally for two week s. 1 thought it wo ul d be best for Direct or Olson to add re ss some of these iss ue s. He has had so me opport unil y ... and aga in , today. he just received it ... to add re ss th e conce rn s th at Mr . Bruno has . Agai n, Cou ncil can dircc l where you wo uld like to go wi th thi s information. I would like to ask Director Ol son to co me up fro nt an d respond . And 100. I guess the all egatio n that he ra isell that o ur Comm and Staff ... Di recto r Olson in particu lar. has not addressed or dea lt wi1h th: iss ues . And I can tell yo u up front 1ha1 we did at least provide a report back on three of th ose issues, but we have nm "orrc spondcd that to the As socia ti on. So, if it is okay, we will just ha ve a Jiul e open ended discussion and I will have Direc1or Olson slart from there. • Direc tor Ol so n said 1 bel ieve most of yo u had a chance to read the letter ... except Ms . Wolosyn ... l'm sorry . The letter was rec eived by us tod ay and I go t a chance to loo k at ii. I did di sc uss ii wi th Co mmand Staff as well toda y. We were a little ir:i te abo ut th e tone o f thi s letter , which so mehow indi cates that we have ignored these people since February 22-' when I sal over there . along with severa l membe rs of my organiza ti on ... not all police offi cers ... but a variety of people sitt in g out thc::rc, bot h fo r and aga in st some oa' these issues. Bu t. esse ntiall y. let me jusl run down a brief hi sto ry of what happen ed . On February 22-' of cou \'se. the City Cm..nci l hea rd fr om Mr . Bruno who is the represe nl ative fo r the Eng lewood Police Bcncfil A!i soc iati on a nd who is also engaged in litigatio n with us righl now reg ardin g o ur recent arbi trati on with th em. On Mo.rch 211d Hr. Woodward had nsked fo r a response to so me of these • issues and on March 2nd I respo nded to Counci l with that and yo u all rec ei ved tha l re sponse ... prim ari ly dealing with three primary issues . I'll go ove r th ose in a seco nd . On M:irch 29111 1 asked for a meet ing and met wi th the Boa rd of the Eng lewood Police Bene fit Assoc iati on. I specific ally talk ed to them abo ut thi s issue and my concerns and made a reco mm endati on 1hat th ey pote ntiall y e nt er in10 what we ca ll a labor/management te am, which is a regul ar ongoi ng anempt 10 address these kind of issues , in a fa cilita ted forma l, with notes bei ng take n and the n wit h that inform ati on bei ng se nt back to all r.1e moe ~ of tlio\ o rg.s nizn 1i on, We arc already doing this with Fire successfully and we are doing it wi th the EEA . So 1hat w<1 s l>n th t' 29 111• At thal time . they sugge sted ... well why don't we have a regular Union meetin g a nd why don ·1 you come and talk to 1he rest of the group about that proposal. So on April 27 th I met wi th all th e Union members. There we re abou t twen1y in anenda nce , includ ing some of th e Board members, and I specifically made 1ha1 recommendation that we again en ter into a meeting . as I had al ready recommended pri or to that. When I entered 1ha1 mee ting th ey ga ve me this li st of questi ons a nd th ey wanted me to re spo nd 10 them lhcn and I declined . I said I have a bc ucr fo rm at for that. I wi ll be happy to respond 10 all th ese questi on s, but I would like it to be in a silual ion where we co uld all hear the re spo nse. ge 1 a stand ard for matted re sponse to 1hat. so that we don't ha ve 1wcn1y people mi sint erpretin g what I said in one eve nin g. And , I left it up 10 th em ... get back to me in two wee ks and let me know wha1 is goin g on. Now 10 fo ll ow up wi lh th at, I se nt an e-mail out to all those members again ... 10 Mr . Sca rs ... s1a1ing th e sa me things that I said whe n l met wi1h them in a pub li c meeting and esse nt ia ll y said the same thing ... let me kno w, I will be happy 10 mee t wi th you, get yo ur Board back with me an d we will move on from th ere . I have not heard fr om 1hem sin ce a nd they say 1ha1 I have not or 1hal my S1aff has not made som e sort of conta ct with !hem is totally incorrect. And I am not sure when: Mr . Bruno is getti ng the info rm ation . Every lim e we see o ne of the Board members we all say ... when arc we going to ha ve 1he mee1ing'! Lei us know whe n you wa nt to set 1h is up . We've got a formal in pla ce. let s ge l going and we will respo nd 10 all the se issue s and mO\'C ahead . To date, I have not heard a lhing . It is now gelling to 1hc poin t where we arc jusl, basic all y, begging the m to meet. But anyway, lh al wa s app arent ly th e tone of that letter th at you received 1oday and tha1 is why I am here today to say that th at is totall y inaccura te, becau se we have made signifi canl att empl s ... not just after 1hi s February 22"" meeting, but last year. prior to negotiati ons, we co nsLanll )' asked th em, let s meet, lets meet, lei s meet a nd it is practi call y like pulling teeth to get 1hem to come on up an d meet wi th yo u. We co uld have re solved a lot of iss ue s in arbitrati on 1f they jusl would ha ve met with us. but they didn 't. Anywa y. letter to Mr. Wood ward's re spo nse address • those three issues arc on lhe rad io syslem . on our computer ass iste d di spatc h sy s1em/m obilc lapt ops and on st affin g. I thin k we hnvc gune over those already. I wo uld be happ y to di sc uss th at :1g ai n, bu! we arc mov ing ah ead on all th ose issues . Th e rad io iss ue ha s beco me mm:h more co mpli cated than we thought. As I've stated before, I wan1cd • • • Englewood City Council May 16,2005 Page 15 10 make sure th :u we did thi s right. because yo u probab ly all sa w th e rcpor1 s r .. nm Aurora . They spent I 3 million doll ars on a similar kind of system that we arc p•Jlling in and you hr .••:I the s~1 11t. c.u mpl a1n1s f1orn officers , that it wasn 't workin g ... all sons of problems . We v.anted to make sure 1h r:1 ,1·,· urr ,J ning it ri ht Tht:rc a rc ot her issue s involved as well . Mr . Brotzman is aware of that. We had a lot of co ntrac tual iss ues with Denver, whic h we had I settle. The stuff ha s arrived ... ~<• fi t ... the rest of it is on ;,~ ,..".·· '...'l•.!:1 •.tJ ~c t i! all organ ized we will probably have it in place and hopefu lly working 100 percent by thr "' ~ d ,1,f'!. i.:,r 11cr . The: other issue wit h the cu rr.putcr assisted dis patch and mobile laptops ... we arc cnu:ring in,o tl ltf\ •. .,~1 •'S • 11, JT righ< now 10 move ahead with the new system we want to put in place . The fundin g is 1herc. j• t:au· .~ •., •ig h the Forfeiture Board , Wr. arc moving ahead with thal entire process. But again, with a lot or th is sh. ff, it i•, jusl not a 1"1 11.Uer or plugging it in, sticking a disc in an<l yo u are A-okay to go, it is much more complica red 1han t:, t. So we .ue moving ahead w:th tha1 system . As far as the staffing, we indi cated th al we are going 10 try to keep 3t on patrol. Thal is sti ll our goal . We now ha ve 1hree vac:mcies. We have one officer in training . Three vacancies 1hat we are actively working on recruitment and testi ng to get those vacancies filled . That again, is 36 officers on p1.aol, wliich we think is adequate . In fact , we think we co uld probably get by with 33. but 36 is what we arc goir1g to stic k with . That is what we have said all along and that is o ur goal ... to try to keep that suiffing as lon g as ;>cop le stay here, don 't retire , don't leave for whatever reason and we arc continuing on with that. As rar as I'm concerned, those three main issues that they brought to you are being addressed ... we have never ignored that. We are moving ahead with it. But the primary thing is that we have made ovcnurcs over and over again to meet with rhe Board or EP BA , its members or whoever they assign to this labor/management team and to move ahead to keep an pe n di al o uc going with the se fo lks , as we are doing with Fire and EEA. So I guess that is my re sponse right now and I am open to any other questions you might have regarding this Iener. Mayor Garrett asked if there were questions fo r Director Ol so n. Mayor Garrett said these three iss ues that were brought to us in Fcbruary ... we have had a couple of discussions here , as far as communication with lhe Police Board and the complications that you have described ... what kind of lines of co mmunication have happened with rcspcr.t to tho se particular issues? Director Olson said what we have set up ... and actually one of them is here right now ... Lieutenant Sanchez has been set up as a liaison between the patrol and investigation bureau on the Police side and Battali on Chier Dick Pctau on the Fire side ... they act as liai so ns to get co mplaints, concern s, whatever. They come to them and they come on up then to ou r commun ica tion section with Manager Everha.'1 . She takes them , we work on them and we either send them 10 IT or se nd them to whatever ... out side so urce s we need. We get things accomplished and then we send a response back. say ing here is what has been done . Every week there is a li st ing or what th ing s came on in, what things were accomp li shed and that goes out to all the people in the organization. so that they can see where we are going with all th ose things. So we arc 1rying. to mai ntain this totnlly open dialogue. Mayor Garrett sai d th ere is a Status Report . Mr. Olson said there is Statu s Repon co ming on a weekly basis any more, right. Maybe we didn 't do that in the pa st. We have done it in different formats, but thi s time we kind orrormali zed the whole 1hing 10 mak e sure that everybody gets that. And we make sure that the iss ues are at leas t loo ked at and resolved so :hat people can sec that some thing is happening and that we arc not just ignoring it. Mayor Garrett asked if th ere were any que sti ons fo r Direct or Ol son. The re were none . Th ank yo u very much . Director Ol son said tha nk you very much and I am , " •yf. open 10 di sc uss the se kinds of issues any time that yo u would like . Mayor Garrett said the iss ue fo r Counci l is that this lcttC'r was addressed to Council. exc ept for Olga ... so rry ... and to Gar y. So do we want to issue so me kind or for mal respon se now? That response ca n take two forms . Ei th er say ... thc informati on we have is there ha s been contact, wh ii.:h is what Chri s ha s said , or we can sa y we just go 1 thi s letter, Chris has gi vcn hi s response 10 ii, we arc loo king in to ii and we will get back to yo u later. Or we don't issue a response now nnd we do it at some later po int. So th ere arc three opti ons as possi bilit ies . Co unci l Member l:hadshaw sa id I like 1hc seco nd opti on. Ma yo r Ga rrett said 10 sa y we arc loo king at it. Ms. Brall shaw said to say we arc look ing at it , we've received yo ur lc11cr ... 1ha1 would be my perso nal preference . Mayor Garrett asked ir th ere we re any othe r com ment s. There were none . Englewood Cit.)' Council Ma y 16 , 2005 Page 16 Ma yor Garrell sai d arc yo u in co ncurrence wit h Bev 's reco mmcnda1i on? Counci l Member Tomasso said tha t is fine . Muyor Garrell said "care basi call y sayi ng 1hat we received yo u, let ter , we have take n a loo k at it, Chri s had a an opponunity to lake a quick look at ii and respo nd at Co unci l thi:. t::\'cning, but 1he lener rai ses a lot of iss ue s th :11 we wa nt to get a littl e more fac ts on. Do yo u wa nt 1ha1 to go out under my signa1ure or Ga ry 's signature? Cou nci l Member Bradshaw said they addressed th e lcncr to us. ~ .. fo ye r Garren sa id also to Gary . Ms . Brad shaw said bo th ... bo th signatures on it then . Mayo r Garrell said what info rmati on would Co un ci l like 10 have as we add ress this and come up wi th a more subs1an1i ve re sponse? Co unci l Member Brad shaw sai d I wou ld like a timc line ... th at you presc nt ed ... just a tim elinc. Mayor Garrett sa id a tim eline abo ut when th e meeti ngs took pl::tee and sort of a gene ral id ea of what those discussions where . Council Member Bradshaw said yes. A summary of those meetings and th e new methods th at yo u have implemented to keep eve rybody informed . Mayor Garrett sai d th al is what l wo uld to sec, to sec how that fits in . Mayor Garrett as ked if there was any other informati on th at Co uncil mi ght de sire? Counci l Member Tomasso said is there a difference betwee n the fire rad ios a nd the police radi os ? Director Ol so n said no. we are all going lo be on th e sa me sys tem. Mr. Tomasso said no ... c urrentl y? Current radios ? Mr. Ol son sa id no , not really, no. Everybody is on what is called lhe VHF sysrcm ri ght now ... differenl frequencies . Co uncil Member Toma sso said so the Fire Depanmen1 nasn't rai sed the se iss ues ? Direc tor Olson said no, they ha ve n't. I mean th ey huvc concerns down there at lim es, as well . but we arc on the same sy stem. When we go to 800 , th ey will be on 800 as well . In fa ct. they do have some 800 radios ri ght now. that we bought seve ral years ago. so they co uld co mmun icate wi th the other jurisdi ctio ns. bul th e ne w syste m will put th em on th e total ope rati ve ab il ity spectr um . There will always be some is sues . As I said befo re. you cannot have a perfect system. Co un cil Member Toma sso said I ju st wondered if the issues comin g in fr om the Fire Dep:irtmenl arc th e sa me as 1he po li ce? Or if 1he po li ce hav e different is sues th an 1he Fire Department in rel ation ship 10 1he radi os? Dircclor Olson said I don't 1hink 1hey arc th e sa me ki nd of iss ucs ... but occasiona ll y. yes, Fire docs have transmis sion prob lems and so on. I wo uld have Banali on Chief Fox s1ep forwa rd bu t be orobabl y doe sn't ~·:m110 ge t in 1he middl e of th is right now. Ma yo r Garre ll asked if !here were any 01hcr questi ons or in formati on that Co un ci l might wa nt to re view? Ma yor Garre ll said, City Man age r Scars. ha s !hi s been hel pfu l to you? Ha s thi s given yo u so me di recti on'! Mr . Sea rs sai d yes, we ca n try to put loget her a response and sc ncl out a respo nse under our j nm signatures of )'Ou rself and myself to Mr . Bruno. Mayor Garrett said do you understand th e information th at Co uncil is seeking ? Ci ty Manage r Scars said yes and I 1hink the other par1 of th :u is the 1imclin e for the implemenlati I am a linlc bi t shy or that. j ust b.:ca usc of 1he comp lex it y of th e 800 mcgnhcrtz and the laptops. I don·1 wan! to pu 1 a line out 1here w' ere th ey say ... we have n't met a requ irement. Mayor Garre ll said I 1hink the letter addre sses 1ha1 we have bee n inattentive 10 that issue . Counci l Member Brad shaw said and ou r Slaff has not. t•..tr . Garren sa id ha,·c we bee n inatte nt ive? Thal is the que sti on. If th e :mswc r • • • • • • Englewood City Council May 16,2005 Page 17 is no, how hn vc we bee n addressi ng that iss ue in a reasonable fas hi on I think is the questi on that seems to be posed in this letter. Ci ty Manager Scars said I think th e third issue that is out there is a diffi cult iss ue of which it reall y is not Chris doing in pan. It is the diffic ulty of a tough economy . I think as Chri s has ide nt ified it. .. n has been the 36 workin g people . That th ird issue is staffin g and the bo nom line is th at as we have lo st positions thro ughout the organization ... we are down 50 em ployee positions from where we were several years ago ... 10 of those po siti ons, or around that number, were police positi ons that we did have. So there has bcc11 an ove rall downturn in the eco nomy and Safely Services Department has had to have a rcdurtion . So, as part of meeting a diffi cult economy, whic h Co uncil .::onsidcrcd and participated in ... along with sta ff. So there is no easy answer to that , but clear ly, as Council talked about 1onigh1 and in the outcomes, there was some di scussion abo ut impact team . We 're in a budget process and it is something we can take a look at ... goi ng forward . I just want to say th at we will try, throu gh thi s letter, to respond to that th ird item, in the most informative ma nner that we can. Council Member Bradsha w sai d right . Dan I have a question. In Mr. Bruno 's letter it talks about that in more than two and half months management of the Police Department has made no direct contact wi th them . I think that needs to be ... that is where the timeline fits in. And the issues that were addressed publicly remained unresolved ... that is also part of the timcline, but then the concludin g se nte nce where it says iss ues which were raised, but were not spec ific all y identified , have received onl y inanention. Those, I believe , he is referri ng to the anonymous letter that we all received and that needs to be addressed in this letter 100. There were other issues, but this was an anonymous letter. We didn 't know who it was from. Council Member Wolosyn sai d was that list or 25 things, anonymous? Couocil Member Bradshaw sai d yes. We addressed lhc three lhat we heard about in public and lhat needs to be lhc response. If anybody else has more input that is fine, but that is how I would sec it . Mayor Gurctt asked if there were any other comments on this partic ular issue? There were none . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. Co uncil Member Barrentine sai d I have one other lhing that I had forg ouen . I wanted to thank , on a Co uncil Request, Mike Flaherty for addressi ng a question 1hat was bro ught up at the la st Council meeting regarding so me inaccurate in fo rmatio n on a prese ntation 10 the Scientific Culturttl Ans Di vis ion. And I want to let everyo ne know that there were some more phone call s, th ere were three more presentations that were made bn~---• .. IT of the supposed agreements wi th the Englewood Cultural Arts Ce nter Associati on for the space oYcr ere and they were inaccurate , so 1 wou ld like n go ahead and forward thi s response on to them so that they hav~ the inform ation from us abo ut what is going on. There was a claim tha t there was a million doll ar commitment from us and that there was so me priority in thal spacc ... that they arc ou l seeking other people and bringing them in ... and that in formation showed up in three morc ... at least three morc ... appli cntions. So since thi s addres ses it , a nd I think very well, I wo uld like to pass th at on to the Scicnl ific Cultural Arts Divi sion so that rhcy cou ld go ahead and deal with some more acc ur11 1e informati on. She sai d just to let yo u know th at I am going to do th at. Cou ncil Member Wolos yn said I would lik e to fo ll ow-up and also thank yo u for that very kind answer. As fo r the presentation , the milli on dollars referred 10 the three requests that th e Cultural Ans Comm ission has agreed to make over a series of years and in lhe ClP, Ca pital lmprovc 1ncnt Plan , and has not done so for the lasl two years because of the budget That is all that was abo ut The Engle wood Arts hllS not ta lked to any other organizat ions about using this space. As everyone who is involved wi th us knows , we arc vcr:,, inv'llvcd in the programs we put on in the co mmun ity and in working towa rds fin ishing this spa ce in a way that makes it a commun ity reso urce fo r everyo ne in th is tow n. I am glad this came up , be cause it all owed us to clari fy a few issues , beca use Engle wood Arts docs 001 wa nt anybody out there using our name in order 10 qualify fo r funding at Arapahoe SCFD . Englewood City Council May 16, 2005 Page 18 Co un ci l Member Bnrrcntinc said l am glad that we were ab le to bri ng th 111 up . because th ey arc spec ifica ll y referencing Sue a nd th is orga ni zatio n in their a ppli catio n. So , if that is not wit h yo ur pcnnission th en tha t is important. And she did specifically say that th e City of Englewood has alread y committed th at milli on doll ars, so if there is so me mi scommuni ca ti on th en we mi ght wa nt to clear th at up. Ms. Wolosyn sai d we are in comm un ica tion with SCFD ri ght now clarifying these iss ues. 15 . Adjournment RETI MOVED TO ADJOURN. The meeting adj ourned at 8:55 p.m . ~~-~ • • •