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HomeMy WebLinkAbout2004-01-20 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reg ular Session January 20, 2004 I. Call to Order The regular meeting of the Englewood City Cou ncil was called to order by Mayor Garrell at 7:31 p.m. 2. Invocation The invocation was give n by Council Member Barrentine . 3. Pledge of Alleglance The Pledge of Allegiance was led by Mayo r Garren. 4. RoU Call Present: Absent: A quorum was present. Also prese nt : 5. Minutes Council Members Tomasso, Moore, Barrentine, Garret~ Bradshaw, Wolosyn, Yurchick None City Ma.n.igcr Scars Ci ty Attorney Bro tz man Assistant City Manage r Flaherty Depu ty City Cl erk Wh it e Director Olson, Safety Services Direclor Gryglewi cz, Finance and Administrative Services Director Ross, Publ ic Works Direcror Simpso n, Community Devel opment Se ni or Plnnner Langon, Community Development (a) COUNCIL 111EMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUAR Y 5, 2004. Ma yo r Garren asked if there we re any correc tions or add i1 ions . There were none . Mo tio n carri ed . Ayes : N2.ys; Abstai n: 6. Scheduled Visitors Co uncil Members Barrenti ne, Moo re, Brnd shuw, Garre n, Yurchick, Toma sso None Council Member Wolosy n Englewood C ity Council January 20, 2004 Page 2 (a) Re presenta ti ves fro m the orga ni za lio ns rece iv in g Aid to Oth er Agenci es fund ing fro m the C it y o f En gle wood, we re prese nt to acce pt their checks . Mayor Garrett said eac h year th e Ci ty, as part of th eir budget . co ntribut es money to so me of the worth y ca uses nroun d our co mmunity . Ma yo r Garrett pre se nted a chec k to Coun cil Membe r Bradshaw as th e represe nt ati ve fo r Arap ahoe Co unt y Metropolitan Ma yo rs and Co mmi ss ioner s Youth Aw ard . Ms. Br adshaw sai d Ara pahoe Mayo rs and Co mmi ss ioners use the award s as a progra m, to recogni ze children , who probabl y are not always on th e honor roll s, and children who arc pro bably not alway s your best attendee s. but th ey arc kid s wh o ha ve overco me phcnomennl hards hips . I had the honor thi s fo ll of ha vin g one of our reci pients of the Metro Mayors Youth Award in my speech cla ss. She would not be in coll ege if it were not for lhi s program. So, that is a good thin g ri ght ;.here . There was applause . Mayo r Garrett presen ted a chec k 10 M. D. Naso n fo r the Ara pah oe Philharmoni c. Mayo r Garrett presented a chec k to Ms , Kim Condreny fo r Englewood Hi gh Sc hoo l Aft er Prom. Ma yor Garrett presented a che ck to Ms . Jnne Moo re ror the Englewood Cultural Arts Center Assoc iati on. Mayo r Garrett pre se nt ed a check to Ms . Judy Rough for the Food Bonk of the Roc ki es. Mayor Garrett presented a ch ec k 10 Ms. Maril yn Spinn er for Hospice of Metro Denve r. Mayor Garren pre se nted a chec k to Ms. Sand ra Blythe-Perry fo r Inter.faith Ta sk Force. Mayor Garrett prese nted a chec k to Ms. Jan Andru s fo r Town of Littl eton Cares/M ea ls on Wheel s. Mayor GilrTett presented a check to the represe ntativ e or Engle wood So uth sid ers Speci al Ol ymp ics Progra m. Mayo r Garren presented a check to Mr . Eri c Be rtouzzi fo r Up Close and Mu sical . Mayo r Garrett prese nted a check to Ms. Anne Robin so n fo r Coun House , Inc. Mayor Garrett prese nted a chec k to Ms. BcB e Kl einman for Doc tors Care . Ma yo r Garret~ prese nted a check to Ms. Li nd a Jam es of th e Gatew ay Balt ercd Women's Shelter. 7. Unscheduled Visitors There were no un sc heci:Jl ed vis itors. 8. Communlcallons, Proclumlltlons and Appointments There we re no com muni ca ti ons, proc lamati ons or appo in tme nl s. 9. Public Hearing No publi c heari ng was sc hed ul ed be fore Co unc il. 10. Consent Agenda (a} Approva l of Ordinances on Fi rst Rea din g • • • • • • Englewood City Council January 20, 2004 Page3 There were no items sub mitted fo r approval on first reading. (b) Approval of Ordin.nccs on Second Reading There were no additi ona l items submiucd fo r approval on SCC'lnd reading . (Sec Age nda Item 11 -Regular Agcndo ,) (c) Resolutions and Moti ons COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (c) (I), (ii) and (Iii). (i) RESOLUTION NO . 3, SER IES OF 2004 A RESOLUTION ADJUSTING THE BEGINNING AND ENDING TOT AL FUND BALANCE AND SALES AND USE TAX REVENUE ESTIMATES FOR THE CITY OF ENGLEWOOD 2004 BUDGET . (ii) PURCHASE OF FOUR FREIGHTLINER DUMP TRUCKS FROM TR ANSWEST TRUCKS IN THE AMOUNT OF $265,004 .00 . (iii) PURCHASE OF A STREET SWEEPER FROM FARIS MACHINERY IN THE AM OUNT OF $9 7,805 .00 Vote results: Ayes: Nays: Moti on carried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolos yn, Yurchick , Tomas.so None 11. Regular Agenda (a) Approval a! Ordinances on Fi rst Reading There were no item s su bmitted fo r approval on first reading. (b) Approval of Ordinances on Seco nd Reading COUNCIL MEMB ER WOLOSYN MO VED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) AND (Ii ). (i) ORDINANCE NO , 5, SERIES OF 2003/2004 (COUNC IL BILL NO . 83, INTRODUCED BY COUNCIL MEMB ER WOLO SYN) AN ORDINANCE REPEALING TITLES 10 AND 16 OF THE ENGLEWOOD MUNI CIPAL CODE 2000, IN THEIR E :TI RETY , AND APP ROVIN G THE ADOPTION OFTI-IE UNIFIED DEVELOPMENT CU DE AS A REENACTMENT OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS RECOMMEN DED BY THE ENGLEW OOD PLANN IN G AND ZONING COMM ISSION. (ii) ORDI NANCE NO . 6, SERIES OF 2003n004 (COUNCIL BI LL NO . 84, INTRODUCED BY COUNCIL MEMBER WOLOSYN) Englewood City Council Januory 20, 2004 Page 4 AN ORD INAN CE AMEND ING TITLES I. 6. 8, 9 AND 15 OF THE ENGLEWOOD MUN ICIP AL CODE 2000. Mayor Garre ll asked if the re were any commen ts or discu ss ion. There wa s none . Vote results: Ayes : Council Member s 8arrcn1i nc, Moo re. Br ad shaw. Garrett. Wo \osy n. Yurchick. Toma sso Nays: None Motion carried. (c) Resolution s and Motions There were no add i1 io nal resolutions or motions submitted fo r approva l. (Sec Agenda Item IO -Consent Agenda .) 12. General Discussion (•) Moyer's Choice (i) Mayor Garre n sai d I usually meet with Ci ty Manager Sears and City Attorney Brotzman on Wednesday mornings . He sa id everyone has a standing invitatio n, but because of the del ay to the holiday, Mr . Sears ha s not had an opportunity to have hi s staff meeting. We generally like to have our meeting after that. This came up after I left the offi ce and I did nol ha ve my calendar, but it will probably be either late tomorrow afternoon or early Thursday morni ng . Ir anyone is intere sted in attendin g thi s .,articular o ne, let me know and I can e-mail yo u when I have a specific time. (ii) Mayor Garrell sai d the Scientific and Cultural Facilities Di stric t is going back 10 the State Legislature. 10 reque st a re -authorization to go to the voters thi s fa ll . to renew that particular tax . They have asked that City Councils pro po se a resolut ion in sup port of this . So. I th ough t I would see :f we were inicres tcd in doing that . und if we arc, we will put it on the next agenda . All of the Co uncil members agreed. Ma yor Garrett said I have a draft re so lut io n in the pac ket, if you cou ld iake a look at that (iii) Mayor Ga "r.:tt sa id CML wi ll give us more in formation but I think they are also looking fo r suppo rt from Ci1 y Councils dealing with th e Urba n Renewal Bill that has curre11 tl y been introduce d. He sai d based on what I he ard toni r ht. in my view, it may be a bi t premat ure to tak e a pos iti on on that bil l until we sec how it evo lve s. Scnato1 Dyer sugges ted it would probably cvoh•c as it co me s out of com mittee. Ma yor Garrett asked if anyo ne wou ld like to take a position now or should we wait and see how it loo ks . Counc il Member Barrentine sa id, unfortun ate ly. Senator Allard's representative came a little la1e, bul I hod a chance to la lk to him for just a minute and he said, specifically. he ha s information on so me issues regarding th at on a Federal level. So we might want to have them co me back . J told him we were just talkin g about housing and we cou ld alwny s put him on the agenda anothe r time if ii is pe rti nent 10 what we want to do . Cou ncil Member Barrentine sa id I took hi s card and we may wan1 to check that ou l. Mayor Garrell sa id why don't you check with him and see wha1 informati on yo u ca n get. • • • • • Englewood Cit., Council January :.?O, l t:,'-. Pages Council Member Bradshaw said he hos alway6 been real responsive. (iv) Mayor Garrett said the morat orium on the Admissi on Tax expires in a little over a month. We probably h11vcn 't really talked about whether we would like to continue the moratori um or not. So, I thought I would put that on a Study Session in the next couple of weeks. Council Member Yurchick said do we want to notify 1he businesses that are directly affected by it? Mayor Garrell said if the consensus is that we would like to talk about it, we probably shoulJ notify the two businesses in particular that it affects ... which are the Gothic ThcalrL .. ~ Funtastic Nathan's. Council Member Wolosyn said should we keep ACE apprised, since they recommended it initially? Council Member Yurchick said do you want them to look at it fir st? Mayor Garren said do they have time and do they have a mcc:i ng yet this month? Council Member Yurchick said no, we have mr:t this month. Mayor Garrett said when do they meet in February? Council Member Yurchick sai d it is the second Thursday in the month. Council Member Barrentine sai d Englewood wasn't the vnly one that did somcthirg like that, were they ? Council Member Yurchick said no . Mayor G111Tett said I think we should notify the two owners and at least get their input as soo!l as we can . Council Member Bradshaw sai d I also think, with that information, we need to keep track of how many services we provide to those businesscs ... abovc and beyo nd the regular business on Broadway . Mayor G111Tctt said I also think we need to know if they would be willing to share their sa les bx input. He said that would be a pan of it as well, but, that would be their choice on whether they want to share that information with us or not. (v) Mayor Garrett said I was at u meeting on Saturday and I was given a one • ._our free parking pass . I depo si ted that in the Ci ty Manager's Offi ce. Mr. Garrett sai d if any of us need to go downtown on offi cial business for Englewood, there is a pass that we can use at mos t of the meters, not all of the meters ... so me are prohibited, but it is there for our use . So, anybody th at needs to borrow that , it is there . (vi) Mayor Garrett said we recei ved a requ est from St. Louis School and the children there, to pas s a proclamation dealing with Nati ona l Catholic Schools Weck. This was so n of a late request and this is the only time available for us to cons id er thi s, so . we ma y not have had proper time . He said th ere were some malcrials th at were up s1airs and I don't know whether anyone had time to look at them . He staled , usually , we like tc.. sec these in advance so 1ha1 we have a chance 10 digest 1hem and so fonh, but I will leave it up to th e Council's pleasure as to what th ey would like to do. Council Member Brad shaw sa id I ha ve no problem with it. Englewood City Council January 20. 2004 Page6 Mayr· Garrell said if we rece ive other requests fo r any other type of school system. wo uld we do the sa me . He sa id if the answer is yes, then I don't sec 1h a1 there is much iss ue . Mayor Gancl ask ed if th ere were any opi ni ons one-way or th e other. All Council members agreed that all would be treat ed the sa me . Ma1or Garren read the proclamation in its entirety. MAYOR GARRETT MOVED, AND lT WAS SECONDED, TO APPRO VE A PROCLAMATION FOR CATHOLIC SCHOOLS WEEK. Vote results: Motion carried. Aye s: Council Members Barrentine, Moore , Brad shaw, Garrett , Wol osy n, Yurchick, Tomasso Nays: No ne (b) Council Members ' Choice (i) Council Member Tomasso said the Hi storical Society had a question about Casey Jones' rifle being locked in the Historical Society room. Mr. Toma sso asked ifit violates the gun law that is stated on EEF's policy posted on the front door of Civic Center, pcnaining to not allowing a gun in the building. He said we need a clarification on that. City Attorney Brotzman said no, that is not a violation. We actually looked at that and that is a non- ruoctioning gun. Council Member Tomasso said okay, it is a non-functioning gun. City Attorney Brotzman sa id that is correct. Council Member Tomasso said thank you . (ii) Council Member Yurchick said I wo n't be here for the meeting on February 2nd • (iii) Council Member Wolosy n: I. She sai d kudos to the Department or Sarety Services Fire Di vis ion on th e grant that we received notificMion of in our packe ts. 2. She sa id along with the material for the Stud y Sess ion on the legis lative issues, there was a report fro m Lauri Dannemillcr abou1 the CML workshop. In it she suggested that Council mig ht want 10 adop t so me son of proced ure because we have so many issues coming up , which l think yo ur Council's choice illustra ted , so, wc might wa nt to address this. Could we put th at on 1hc Study Se ssio n next week or maybe the week aftcr7 She sai d maybe we can adopt a proced ure or process where we ca n, say quarterly or maybe once a month. ju st to go through and look at is su".S that arc coming up and see if the re nre ones that require us 10 have ac tion on our part . City Manage r Scars sai d if l could al so mention, it does see m thnt thi s year i· pnniculnr, there are a large number of issues that are m1vi ng an imp ac t on us and l have asked Bob to work wi th me and to have Lauri step up her co nnec tion and responsibility , so she could provide b..!ltcr information to both Staff and the City Co uncil on these issues. We don't reall y have a perso n desig nated to do that but I am pleased with the way Lauri approa ches things and I th ink Council has been, also. So , we can add th al to the disc ussio n as we talk abo ut it nex t week . • • • • • • Englewood City Council J nnua ry 201 2004 Pnge 7 3. Co uncil Member Wolosyn said I have one other thin g. The Cultu ral Arts Co mmi ssion has been working wi th the Museum of Outdoo r Arts about the pos sibilit y of putt ing a piece of an in th e roundabout. MOA has arranged wi th regional artist Robe rt Mangold to give a loa n of a pretty maj or pi ece that is tentatively scheduled 10 be pla ced 1herc thi s week . There arc dcLai ls still lo be met. Thi s is a faster tim cline than I th ough t was co ming dow n 1hc road , so, thi s piece may go in on Thursday. ll is a donati on and the Cu ltu ra l Arts Commissio n is goi ng 10 co ver, fr om the I% fund, the in stall :11ion, which wa s estima ted between one thousa nd and two tho usa nd do llars. Mayor Garrell sa id it is a loan und no t a C!onati on, ri ght ? Ms . Wolosyn sa id yes, an indefinite loa n. It is sort of the samt: thi ng wi th the pieces that are alo ng the parkway . I just wanted to give everyhod) a heads up on that Council Member Yurchick sai d I thought that was one of t~e :,ites they used for the Design and Build di splnys. Ms . Wolosyn said they have in the pnst. but , as I understand it , the roundabout was desi gned with the intention of having a pc munent piece of art there . And r.o, here it is . (iv) Coun cil Member Bradshaw: l . She said along that line , I am concerned about tht-placemenl of the new piece of an there on the so uth si de of the piazza. Only ~a use, in the summer that is where a lot of people sit for concerts and it is right smack dab in the way. I don 't mjnd MOA putting different things in there, but I think they need to also take into account the needs of the nudi ence, beca use many, many people sit on th at side . Mayor Garrett said besides it is the on ly shade there . Cou nci l Member tlradshaw sai d that is right. I wou ld li ke 10 sec that one pil!Ce moved . Co uncil Member Wolosy n said MOA has pe rfo rmances th ere also . Ms. Bradshaw sa id, we ll , it is really an important seati ng area and it is , also, easily acc essi bl e fo r people wit h physica l disabilitie s. So , if we cou ld take a loo k at th at. 2. She sai d John Cook bo ught an auto lot at 3255 South Broadway. It was in the papc1s a week ago Sa turday . So, the other thing that conce rned me . just as an FYI , is that it was in what was for sale . He paid a good price . I thi nk he bought Harry's ... ! think that is Harry's lot. 3. She sai d in th is legislati ve paper that Mr. rlaheny and Mr. Scars put together, they talk abo ut the imp ac ts wi th the Automobile Dealers Assoc ia1ion lnd Engiewood. With one car dealer for every 515 people, it hns th e hi ghest number of deu lers, per capi ta, of an y ci ty in th e Denver metro area. The Denver metro average is one dea ler for eve ry 66 hundred peop le. I just wanted to point th at out , because it bothers me. (v) Council Membe r Moore sai d !here is a good cha nce lh at I will also be abse nt from th e February 2nd Study Sess ion. So that y,ould be two of us. Mayor Ganett said that is a reg ular meeting as we ll . Mr . Moo re said yes, fi ve is sti ll , hope fully, an accept ab le number fo r a quorum ;-:id 1 wi ll know wi th in 1he next few days if th at is an iss ue or 1101. Englewood City Council January 20, 2004 P•g• 8 (vi) Counci l Mcmb(r Barre ntine : 1. She sa id I was requested 10 bring so me a bsentee ball ots fo r the upcomi ng reca ll clec 1ion. It is go ing tc be a polling place election and it is a very e1~nsive procedure, but if anybody need s th em I happen to ha.,.c them , so I would be happy to pass them ou t 2. She said I talked to Mr. Tomasso and we talked to Sue Bradshaw about the CML wo rk shops. received a notice in my packet , and I understand most new Council members go to thi s. The Effective Governance -Resources & Skills for elected officials is on February 28th and the cost would be S70 .00. The 2004 Legi slative Workshop is on February 5• aod would be $85.00. After Mr. Tomasso and I talked to Sue Bradshaw, she sa id we should bring it to Counc il. Mayor Garrett said yoe are seeking approval for $155 .007 Council idcmbcr Barrentine said yes. Council Member Tomasso sa id I just want to attend the fi rst one; } "'on't be able to attend the one on February 56 . COUNCIL MEMBER BRADSP 4. W MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER BAKRENTINE'S A TIENDANCE AT EFFECTIVE GOVERNANCE . RE'SOURCES & SKILLS FOR ELECTED OFFICIALS WORKSHOP AND THE 2004 LEGISLATIVE WORKSHOP AND FOR COUNCIL MEMBER TOMASSO TO ATTEND THE EFFECTIVE GOVERNMENTS IN RESOURCE AND SKILLS FOR ELECTED omCIALS WORKSHOP. Vote raults: Ayes : Nays: Abstain : Moti on carri ed. Council Members Moore, Bradshaw, Garrett, Wolosyn, Yurch ick, Tomasso None Council Member Barrentine 3. Sh~ sa id I also need to bring up 3 concern fro m a call I got on the duplex es th at arc at Fox and Nassau. I had an opportunity to drive by once during the day and didn 't really see a particular problem to bring up . Then , I went on the wakend and the1·e \\'ere a gOOO 25 cars parked on the street in that small area . There is a land sca ping busines s being run mu vf there and they arc usi ng property that is vacant , and then apparently they are using another lot ne xt to a hot, e that has been taken over by the bank. So they are usin g those properties , and they are up on the gras s. J was n't conce rned during th e. week when I went by and I thought thi s is a little picky , bu t I was told to go in the evening , after dark when th e landsca ping peop le are back or on the weekend . So, when I did go on th e weekend , I saw a signific an t proble r11 over there . Council Mem ber Yurchick sai d that is Nassa u Way, not Na ssau . Ms . Barren tine sai d ri ght. I got a little i:onfu sed around th ere, trying to dr ive aro und to sec if th ere wa s a similar issue, on other bl oc ks . Ms. Bat rcntine sai d there is a signif,-:ant amo un t of cars for th at vr:ry small area, so if that is 1l;e rnse, I would as!i.u me there is an occupa ncy pro bl em as w'!: .. I wa s ju st co ncerned. 13. Ci ty Manager's Report • • • • Englewood City Council January 201 2004 Puge 9 (a) City Manager Scar s sai d the onl y thing I wou ld like to add is that thi s is on important CML sess ion and there will be one or two staff people that will al so be 1here. If !here arc so me Co un cil members th at wou ld like to take ancther look at 1hat . we do have so me time to bring that bac k to Counci l for the February 21111 meeting . Council Member Wolosy n said l wou ld li ke 10 look at my schedule. Last year Co un cil Member Brnd show and I wen t and I th ought it wo11 a good thing for us and I wo uld like to go again, if my schedule permits. City Manager Sears said there will be a number of staff peop le and myse lf attending that Legislative meeting , Februar15lh. also. It is a very, very important meeting, because, ge nerally, the President of th e Sen ate docs speak and Governor Owe ns, I think , is sched ul ed to also spea k that day, especially on issues that concern us . 1 encourage Council to take a look at th eir sched ule and I would j ust ask you to go. 14. City Allorney's Report City Attorney Brotzman did no! have any matters to bring before Council. 15 . Adjournment Mayor Garren sai d we arc goin g to adjourn lhis meeting and Council ha s so me unfinished business from ou r Boards and Commi ss ions work from last week, so we are goi ng to contin ue on upstairs . We will sec you there . Thank you. • i•mmrr••" .. •.•ruoo~. ""=""'••-""''""· Dcp uly •