HomeMy WebLinkAbout2004-12-20 (Regular) Meeting Minutes•
ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY, COLORADO
Regular Session
December 20, 2004
I. Call lo Order
The reg ular meeti ng of the Englewood City Council was called to ord er by Mayor Garrett at 7:33 p m.
2. lnvocallon
The invocation was given by Council Member Barren tine.
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Garrell.
4. Roll Call
Present :
Absent:
Council Members Tomasso, Moore , P 1JTCntinc, Garrt'tt, Brad shaw,
Wolosyn , Woodward
None
A quorum was present.
Also present : City Manager Sears
City Attorney Brotzman
City Clerk Ellis
Direc tor Olson, Safety Scrv !t'e•
Planner Fruchtl , Cu mm,mh y Uet1 .. iopmcnt
Operations Manager Krr.vinsky
Director Kahm , Pub lic Works
Engineer IV Henderson , Public Works
Traffic Engineer Vestry , Publi c Works
Senior Planner Graham , Community Development
5. Consideration or Minutes of Previous Session
(a) ,,)UNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
THE MINUTES OF THE REG ULAR CITY COUNCIL MEETING m· DECEMBER 6, 2004.
Mayor Garren sai d arc there any comment s or correct ions. The re were none .
Vote results:
Motion ca rried .
Ayes: Coun cil Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn,
Woodward , Tomasso
Na )S: None
6. Recognlllon or Sc heduled Public Comment
(a) Mayor Garrett sni d Police Officer Nn ncy Pete rso n is he re 10 ad vise Ci ty Cou nci l lh at the City of
Engl ewood ha s rece ived an award fr om th e National Assoc iat io n of Town Wat ch fo r "O•11 st:md in g Panicipnti on" in
the 2004 National Night Out events .
Eng lewood City Co un cil
Dece mber 20, 2004
Page :?
Offa·er Pe terso n said we did rccc • ,c :1 1101hcr bcu utifu l plaque for our parti cipa ti on 111 Nn 1i onal Night Out. once aga in
tlu s yea r. so I wa n1 ed 10 show ii off. Sh e passed it ove r to CourlCI I so the) rnul d sec i1. Offi cer Peterson sa ,d we
h:\\'c done we ll th ro 11gh ou1 !he years. Thi s is. I 1hink. award num hl!r eight th ro ugh Natillm1 I and i n all real ii)' it
should be al lea st ten . bu! I didn 't reu li zc how wdl our Natio nal Nigh t Outs we re att ended so I ne ver ubmitted for
the awards ... so I've short ed you a co uple, I'm so rry.
Ma yor Ga rren said do yuu ha ve so me o f the vita l stat isti cs from 1hi s most recen l Nat ional Night Ou t?
Officer Peter so n said we hud ove r 200 Englewood neighborhoods partic ipa1e in Nat ional Night Out ancl 1hey were in
all diffe ren1 sizes. Some were hu ge where they had num erous bl oc ks attending and oth ers were real smn li 1nd
iruimatc for jus1 th e indi vidu al bl oc ks. The bl oc ks figured out th eir own oarty ... what th ey wa:1 ted 10 do, what they
wa nted to ha ve at th e party a nd th ey just let me know what it is th ey arc d1i ing and whe n they are doi ng it so that I
can try to have Ci ty offi cial s visi t th eir part y. Englewood doe s a grea l job with Na ti onal Night Out . We are pro ud
of it and our Ne ighbor hood Wa1 ch Program .
Co uncil Member Brad shaw said and a lot of th at is to yo ur credit Na nc y. Th ank yo u.
Ma yo r Ga rrett th anked Nancy. Officer Pe1erson sa id thank you ve ry mu ch.
Co unci l Me mbe r Barrenti ne said the fact th fl t I am a new bloc k ca ptain. and I g01 in volved and did ii, was a re sult of
yo ur insislence a nd persuas ion. So a lot of th.11 is to you r crcd it ... ,h ank yo u very mu ch.
Officer Peterson said th ank you . In facl. Mr . Woodward and Ms. Bar.-en 1inc held their Na ti onal Night Out parti es
toge th er ... a coo rdinated effort. Mr . Woodward sai d yes. we did . Ms. Peter so n said Ms. Barrentine klnd of wa lked
11110 my offi ce and got shanghaied, I thi nk that was the wo rd yo u were loo king for . was that it ? Ms. Barre mine said
•
ycs ... that wi ll work . Ms. Barrentine sa id we had a good aucnda ncc and we had a fun time . Ms. Pete rso n sa id •
ma)'be yo u will be doi ng it again ne xt year. Ms. Barrentin ~ sa id yes. Ms. PeterSt 1,1 sai d that is good and everyo ne
who hold s a Nati onal Nigh1 Out really e nj oys ii and the camaraderie 1ha1 happens in th e neighbo rh ood af1er a
fun ctio n such as 1his is grca1 and yo u reall y gel to know one another so much he lter. In th e end th at rea ll y help s
calm dow n any neig hborh ood probl ems th at ma y ha,•e been go in g on. so com municat io n is ke y.
Mayo r Garrett and Co un cil Member Brad shaw both thanked Offi ce r Pe1crso n.
(b) Mayo r Garre tt said members of the Keep Englewood Bea utiful Co mmi ssio n arc here to pre se nt th e
2004 Holida y Lighting Aw:1 rds .
Pl ann cr Fruchtl sai d 1 am th e slaff liai so n for Kee p Englewood Beau1 lful . At 1hi s tim e. on beha lf of Keep
Englewood Bea ut iful. I wo uld like 10 thank Cit y Co unc il for th ei r supporl th ro ug hou1 th is yea r fo r our progra ms and
event s. Witho ut you r support a lot of th e eve nt , and thin gs we put on fo r th e co mmunit y. wo uld not be poss ible. Al
th is ti me I wou ld li ke to turn ii over to Mr . Dooley Gehr. who is 111e Chair of th e Keep Eng lewood Be:mt if ul Holi da y
Lig lu in g eve nt and h!: ha s some award s and prese nt ati ons 10 ma ke to 1hi s yea rs parti ci pant s. Th ank you .
Mr . Gehr pre sen ted ribbo ns and ccrlifi ca tes to all of the winners who were prc sc nl and th ey w-..,.: given a ro und of
ap plau se.
Ma)'or·s Choic e
No s algia Award
Lifetime At:hi eve mc nt Award
Cozy C()tt ai1e Awmd
Ca ndy La nd Award
First and Goa l Aw :.rd
Ric hard and Alice Klocwcr
Ron & Me lan ie Kl ocwe r
Cy ndi Krieger
Do ug ll aa s
P:lUla and Shim Fc:i :.cl
•
•
•
Englewood Clly Council
December 20, 2004
Page3
Best New Entry Jack and Cha rl ene Miller
(Best Use of Pengu ins in a Holid ay Theme)
Good Holid ay Neighbor Awa rd Thomas and Sal ly Co rd ova
Linear Design Award Riel: Morales
Happy Hippy Holiday s Award Mark Greiner
Mr . Ge hr said I wou ld lik e to co ngratu late all the wmners and! wou ld like to th ank Cit y Coun ci l and Mi.yor Garrett
for your su ppo n. You folks hav e a wo ndcrt\J! evening and a Happy Holi day. Thank you . Th ere was applause .
Council Member Wood ward sai d I wou ld al so like to thank Dooley's wi fe for letting him attend tonigh t, as today is
her birthd ay. Thank yo u.
(c) Mayor Garrett sai d Anne Chew, an Englewood business owner, wo uld like to address Ci ty
Council rega rdin g business licensing.
Ms. Ch ew said I wo uld like to thank whoever prepared thi s agenda, as I am allowed to speak early in the ;;vening.
did write a letter. Do yo u want me to read the letter or do you have it in fro nt of yo u? Council Members affirmed
th at they did ha ve it. She sai d do you have any qu es ti ons co ncernin g the letter?
Mayor Garrett sa id we will turn thi s over to sta ff to have them loo k at it and we will db.cuss it at a Study Session in
January. Ms ..... hew said okay, thank you very much .
7. Recognlllon of Uos,beduled Public Comment
There we re no un sc heduled visitors.
8. Communications, Proclamations and A pp olntments
(a) A lette: fr om Don Bobeda ann ouncing hi s resignati on fr om the Englewood Housi ng Autho rit y was
co nsidered .
COU NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE
RFS IGNA T IO N OF DON BOBEDA FROM THE F.NGLEWOO D HOUSING AUTHORITY.
Co unci l Membe r Brads haw sai-i I had the o pportunity to serve wi th him on the Housi ng Authority and he r . .ss rea ll y
bee n an asset. He has a Slate offi ce wit h lhe rea ltors Jnd th at is why he is re signing , otherwi se . I nm sure 1e w ..i ld
stay on. He has rea ll y done a ni ce job for the Hous ing Authority.
Vote results:
Motion carried .
Ayes: C1 mncil Members Barrentine , Moo re, Brads haw, Garrett , Wolm::;n,
Woodward, Tomasso
Nay s: None
(b) A lett er from Palricia Mu eller an nouncing h::r res ig n3tio n from th e En gl ewood Planning and
Zo11 ing Co mmi ssio n effective December 30, 2004 was co nsidered .
COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACC EPT THE
RFSIGNA TION OF PA TRICIA MUELLER ANNOUNCING HER RFSIGNATION FROM THE
ENGLEWOOD PLANNir;G AND WNING COMM ISSION EFFECTIVE DECEMBER 30, 2004 .
Ayes: Counci l Members Barrentine, Moore, Brad sha w, Garre ll , Wolosy n.
Woodward, Tomasso
Englewood City Cou ncil
December 20, 2004
Page 4
Na ys : ~fo nc
M01ion carried.
9. Consent Agenda
C UNC IL MEMBER BRADSHA \V MOVED , AND IT WAS SE('ONDEn, TO Al'l'ROVE CONSENT
AG ENDA ITEMS 9 (n) (I), (Ii), (iii ) and (Iv).
(a) Approva l of Ordinances on First Readin g
(i) COUNClL BlLL NO . 64. INTRODUCED BY COUNCIL MEMBER BRADS HAW
A BILL FOR AN ORDlNAN(.E APPROV !NG AN lNT ERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF EN GLEWOOD . COLORADO AND ENGLEWOOD PUBLI C SCHOOLS WHEREBY ENGLEWOOD
WILL PROVIDE ENGLEWOOD PUBLIC SCHOOLS WITH VEHI CLE ~[AINTENMICE .
(ii) COUNC IL BILL NO . 65. INTRODUCED BY COUNCIL MEM'JER BRADSHAW
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVER NMENTAL AGRJ:EMENT BETWEEN THE
CITY OF ENGLEWOQ!), LCL.ORAOO AND THE CITY OF SHERIDAN. COLORADO WHEREBY
ENGLEWOOD Wli.L PROV!Dl' THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE.
(iii) COUNCIL BILL NO . 67, INTRODUCED BY COUNC IL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTERS ID , 2. 5. AND 8 OF THE ENGLEWOOD
•
MUNICIPAL CODE 21A10 BY CLARIFYING THE POLICY FOR ALLOWING PROPERTY OWNERS TO fl
"OPT-OUT" OF THE CONCRETE UTILITY PROGRAM AND CLAR IFY ING THE PRIORITY FOR
CRE DITING UTILITY PAYMENT.
(iv) COUNCIL BILL NO . 68, INTRODUCED BY COUN CIL MEMBER BRADSHAW
A BILL FOR AN ORDINAN CE AUTHORIZ ING AN INTERGOVERNMENTAL AGREEMENT FOR FYD4
MISl..1:LLANEOUS EQU IPM ENT PURCHAS ES PPOGRAM BETWEEN THE DEN VE R REGI ONAL
COUNC lL OF GOVERNMENTS (DR COG) AND THE CIT Y OF ENGLEWOOD. CO LORADO .
Vo le resul ts:
Ayes: Co un cil Mem bers Borrcn 1inc, Moore, Brad shaw. Garrett , Wolos yn.
Woodward, Tomasso
Nays: None
Mali an carried .
(b) Approva l of Ordinances on Second Reading
Th err• we re no addi li onnl it ems submiu ed for appro val on seco nd reading. (Sec Agenda Item I 1,)
(c) Resoluti ons and Moti ons
COUNC IL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (c) (I) and (11).
(i) A MOTION EXTEND IN G THE INTERGOVERNMENTAL AGRE EMENT WITH
TH E CITY OF CHE RRY HILLS VILLAGE FOR THE PROVl,ION OF FLEET MA INTEN ANCE. AND
ADJU ST!NG ENGLEWOOD'S HO' IRLY RATE FOR FLE ET MAINTENANCE SE RVICES FOR 2005.
•
•
•
Englewood Clly Co uncil
December 20, 2004
l'uge 5
(ii) A M OT ION EXTENDI NG THE AGREE M ENT \VITI-I TH E ENG LEWOOD LI ONS
CL UB FOR TH E PROVISION OF MA INTENANCE OF Tl-IE ENGLEWOO D LIONS CLUB MINI AT URE
TRAIN . AND ADJ USTING ENGLEWOOD 'S 110 URL Y RATE FO R MAINT ENANCE SE R VICES FOR 2005.
Vole results:
Mo1ion cnrr ied .
/\yes : Co uncil Membe rs Barrentine , Moo re. Brad shaw. Garrell , Wolosyn,
Wood ward , Tom asso
Na ys : None
10. Public Heuring llems
(n) Mayor Garrell sa id thi s is a Public Hearing 10 g111her publi c input on Council Bill No. 44
approv in g Aut omotive Sale s and Rc nuil Uses in th e MU -8 -2 zo ne .
er 'I. MEMBER BRADSHA w MOVED, AND I T WAS SECONDED, TO OPEN THE PUBLIC
I ro CONS IDER TESTIMONY ON COUNCIL BILL. NO. 44 APPROV I NG AUTOMOTI VE
tENTAL USES IN THE MU-8-2 WNE.
Ayes: Cou ncil Members Barrentine, Moore . Brad shaw . Garrell , Wolosyn,
Wood ward, TomilSSO
Nays: None
Motion car ri ed and the publi c hearin g ope ned .
All wit nesses were duly swam .
Pnlaua Sparacin o, 3809 So uth Broadway, said I am th e owne r of Richard 's Molars. I am an appoin ted member or
th e Au10 Usc-Co mm iuee , as you .1 11 kn ow, and I've co ntri bu1ed 10 !he crealio n of !his new ordinance. The
Co mmill ee, especia ll y !hose of us from the dealer comm un ily , came 1ogether in good faith to work on th e fi rsl part
of this recommend ed phased-in ap proach 10 the auto use in the 8 -2 Di strict along Broadway . Thi s proc ess has bee n
a long proc ess, but a po sit ive process. I want th e Council to be aware that we have reached thi s point with
co mpro mi ses fr om bmh side s. In addit io n. we ha ve had several obstacle s that we have had 10 cont inuall y address
and probably wi ll have 10 until all phases or au10 use are co mpleted . The Counci l appointed us to work out the se
issues. Mayor Garre n has been instrumenta l in gu id ing thi s Com miltec to what J believe is a win/wi n for all parties.
Wi thin the Co mminee we keep an open line of communi cation and aJdress iss ues as they come up. I am confid ent
that Mayor G,1rrell hns reported ba ck to you rega rdin g the progress of o ur wo rk. At your rcques1, a co mp lete hi s1ory
was p;ovided to each member as to the auto use issues sin ce Augu st 18. 2003. Thi s should have brought you all up
10 date rega rdin g its use. I wo uld like to als:, po in1 out th at at ever y Stu dy Se ss ion or vote re gardi ng au to use. th ere
are three Cou ncil members 1h at continu ally bring up is!i.ues that coul d have been addressed in Co mmin ee pri or to
bring ing up the ordi nance fo r revi ew. I would have th ou ght th at out of respect fo r Ma yor Garrett that Mr. Tomasso,
Mr . Woodwa rd and Ms . Brad sha w wo uld ha ve co mmunicated 1hci r concerns to th e Mayor so 1ha1 these could ha ve
bee n addrc-sscd in Commiu ee pri or to 1he Study Sess ion or fi rst readi ng. As th is process co ntinue s, I would hope
th at the liuc s o r com muni ca ti on wi th the Au to Use Comm iuec remain ope n and as a courtesy to 1he Ma yor, the lin es
of ~ommunica lion remain ope n between !he Co uncil members . I sup port thi s ordina nce as wrill en, th e time fr ames
protect the property owners and th e new la1,guage rega rdin g Cod e co mpli ance pro vides a comfo rt level for the c ,y
rr.gardi ng an ~· 111.:w :au to use alo ng Broadway . Thank yo u :or your time .
Jo n Coo k. ~466 s ~uth Coo k Street. said I also am u member of the Au1 0 Use Co mmillee and my hope is that 1hi s
ordinance is p:i sscd unanimously. I hope that in the future we won't have to deal wi1h thi s issue any more. 1hat all
th e rules arc we ll defined and we won't ha ve to come back and visit wi 1h thi s. In o ur lr,st meetin g. Murk Grah am
and Bever ly Bradshaw had som e banterin g back and ronh regard ing the 1997 Stud) regarding addresses fo r ca r
de alers that 1 didn't quire understand . It wa s about coming in and changing their addresse s 10 co nce al
w n,eth ing ... whatever it wa s ... but one part that wa sn't menli oned that wa s al so in that 1997 Stud y, th ;1t I 1hink
ever ybody is familiar wi th, was the foc i thal th e So uth Broadway au 10 dealers provid e va luab le, co nvenicnl servi ces
10 th e Ci ty. ci1 y res ident s ,md oth er amo busines se s. South Bro adwa y au to dea lers pro vide a large and diver se job
base. And al so , 1h r. important part , Suuth Broadway au lo dealers arc a signi fi ca nt clement of the revenue genera 1ing
indu stry . And 1hat was p:u t of your Stu dy in Eng lewood. I al so think. in the future, if we fo ll ow lh c South
Englewood C ity Council
December 20, 2004
Puge 6
Broadway Plan of Engl ewood for 2004, on 1he last page there is so me impor1an1 stuff 1here and 1f we fo ll ow the
strategy, i1 wo uld be helpful and that is to ce lebrate business sucre sses on Brondwny . And then, the mos ! 11npor t:1111
pendin g iss ue, I think , after thi s, is 10 ens ure th at the Cit y deve lopm ent rev iew process is predictab le and timel y.
Thank yo u.
Jim Bahnc. 6649 South Hel e na , Cc n1 cnnia l, said I nm nlso fro m Vn!lcy Motors. He said P:tl aun , Jo n nnd I havt"
spe ni n lot of time on thi s, alo ng with 1he Mayor and so me staff members, and what I have 10 say vinunll y is a
ca rbo n copy of what Palaua and Jon have sai d. So my little talk here was only a couple of minute s long anyway, bu t
I will just get to the me at of it here. We just hope 1hat th e Counci l Members to night rntify thi s Bill No . 4"
um1nimou sly. h i~ the support th at the Mayor need s for hi s treme nd ous effort s th a1 he has put in to this. He ha ~ done
a grea1 deal of hea lin g of our feeling s here, as business peop le in the co mmunity. He certainl y should be
com mended for that. We just hope 1hat a com men t that came out prior to the mora1orium, 1ha1 some thi ng like th at
would nOI come agai n without some definite thought about previ o us s1udics and where industr y was at th at
particular time . A sta ff member stood up before you the night that the moratorium was appro ve d and said 1ha1 1hi s
bill would stop th e establishmenl and expansion of auto uses , that the rationa le here is that these uses represc nl an
encroachment on your sale tax base and prec lude other u~ lhat would provide retail synergy and help us ac hie ve
the Co uncils' go:ils for Broadway. That really got us fired up and we think we deserve to be here as much as
anybody else . Again, I would just urge you 10 vote in fa vor of thi s and let's go forwa rd . We wani to work wi1 h
staff. we want to work with Co uncil, we want 10 be able to sa y Hi to everybody and be worki ng towa rd the sa me
goal a nd I thank everybody here who has worked with us . Thank you fo r yo ur time tonight . I was goi ng 10 pa ss o ut
the Broadway Study from 1997 . Probably most of you arc familiar with it, but it does give so me facts and figure s as
to the benefit s lhat the City saw of Jut o dealers at the time . If yo u would like me to do that , I have fini shed my
remarks .
Mayor Garrett sa id hand it to the L ny Clerk and she will pas s ii on down the lin e. Mr . Bahne sa id thank you.
Ma yo r Garrett th anked Mr. Bahne.
Bruce Cairns, 5515 South Sedalia , said our fa mily has a proper · a: 4732 South Broadway . So often in government
it can be kind of peo ple wo rk ing more thi -:. way, instead of co ll aoorative ly ... this way. So just coming in and
know ing abou t this mee1 ing goi ng on, I just wanted 10 affi rm what everybody has done and their hard work anu
ack nowledge those who we.-e involved and just sugge st that it wou ld be excellent as yo u consider what these
mean ... what ii me ans 10 one man who is 94 yea rs old ... not as much co nsternation in ow nin g hi s in vestmcn1 s on
South Broadway . So. I sure have apprccia1ed everything yo u all have done and ur ge th e pa ssage of this . Thank yo u.
Ma yor Garrett sai d is the re anyo ne else wh o cares to address Co unci l in thi s Publi c Hearing ? Th ere was nu vne.
Ma yo r Garre ll said do I hea r a moti on 10 cl ose th e Publi c Hea rin g?
Counci l Member Brad shaw said Your 1-lonor, before we c''lse 1he hea ring, I wan t to say that I went to th e Revenue
State of Colorad o si te and I found so me informati on abou t one of 1hc members of the Co mmillec that concerned me
a great deal. With your pe rmi ss ion. r wou ld lik e to read it Jon Coo k, dba Car Brokers, LLC. Denver license No .
8955 . Thi s was Board acti on th at ,11as 1aken and the reaso n 1he Board ac ti on was lake n, wi th the Co lorn dc Auto
Industry Division, wa s defrauding any buyer/seller, illegal sa le , fai lure to deliver title wi thin 30 days. fa lse oa th .
perjury, forge ry , offeri ng false in s1rument fo r recording, and attempting to in0uen ce a public scrvani , unfit and
unfitne ss, li cense was su spe nded for 30 mo n1h s with a $50,000 .00 fine . In fo ll owing up th e appeal on th at, it says
1hat "the order was affirmed in part. reversed in par! and case rema nd ed with dircc1 ions", bu t I didn't kn ow if Pn laua
or Jim were aware of thi s. [Co mm ent fr om the audience: Yes, why wou ld n't we be?) Ms . Bradshaw said
okay ... okay . I just had so me concerns abou t membership on boa rd s and ad hc,c gro ups. I just wanted to brin g that
forward at thi s time .
Mr . Cook sai d Mnyor Garrell, am I allowed to re spond to that ?
Mayo r Garrett sa id we arc in Publi c Hea rin g. so yo u arc st ill und er oa th .
Mr. Cook said Beve rl y. 1ha1 is reall y a cheap shot and you arc the one 1hnt spear hea ded all of thi s to star! with . yo u
had the co ps haul me out of here in th e original mee tin g, when I br, ght quit e a cro wd of people in here . I admit I
•
•
•
•
Englewood City Co uncil
DfcC?mber 20, 2004
Po ge 7
made so me mi stakes, bu1 thal wa s a fin e, a suspcn~:o n .. .l paid my fine, I served my susp~n sion , I am a fu ll y
licensed dea ler, severa l of th ose i1cms were ovcr1urncd in Appea ls Co uri s. And I jus1 thin k ii is a cheap shot, but I
do think ii is just typi ca l of yo u and yo ur ac1 ions that yo u have do ne ever since I ha ve bee n in vo lve d ove r here in
Engle wood. I will be so glad lo sec you gone, Beve rl y.
Council Member Barrentine sa id co ul d I ask n quest ion please? M.:yor Ga rrett sai d yes . Ms . Bnrrrntine said we re
these lic~nsin g iss ues or were th ey crim inal charges? Mr. Coo k sa id no criminal charges. thi s was a disp ut e be twee n
an ex-partner and myse lf. Ms. Barrentine sa id who was th e cni ity th at did 1his? Mr . Coo k said ii was my bu si ne ss .
Ms. Barrentine s11 id th e entit y th at sa nct ioned yo u, th at fined you. who wns th at? Mr . Cook sa id that was th e Dea ler
Lice ns in g Board . Ms Barrentine sa id th e Dealer Li censi ng Board ? Mr. Cook repli ed yes and I am in good standin g
with the Deale r Licen sing Board at this time . Ms . Barrentin e sa id when did th at happen? Mr. Cook said that was in
200 I. Ms. Barre ntin e said okay.
Gary Leisy, Englewood Motors, sa id I live at 757 1 South Emerson Circle in Centennial. Mayo• am.I Co un ci l
Members. I was n't goi ng to speak toni ght. I am th e last member in that group and J ha ve bee n extremely bu sy il 1e
las t six or eight month s and have not had time to put the efforts in, th at I probabl y should have on thi s as my (a m!ly
owns prope rt y on South Broadway , But hearin g Ms. Bradshaw brin g thi s up, I've got to say that thi s, absolutely,
strikes the core of thi s iss ue ... it fires me up . I believe the Ci ty Co uncil has !I bl ac k eye on one issue too a11d I am not
goi ng to name name s and I'm not going 10 name charges , but people make mi stakes and peop le arc jud ged, and
judgmen ts arc handed down and people se rve and pay their dues. Th e iss ue s Ms. Bradsha w just brough t up have
abso lu te ly no bearing on the subj ec t toni ght ... none wh atsoeve r. I totall y agree wi th Jon, tha t thi s is a low blow . I
think it po in ts to Ms. Brad shaw 's personal ve ndetta against car dealers and I wo uld urge every Coun cil member to
drop that iss ue . It is not fair to bring up a perso nal issue and all ow her to put her perso nal feeling s out here becau se
she is a member of Council. Thi s is a matter that has been bantered back and fo rth between a good, we ll se rvin g,
hard wo rking Commi ttee and a hard working Ma yo r and Co un cil and it is not fair to brin g up past iss ue s th at have
• long since been se ttled . I think it put s a bla ck eye on the entire Co uncil. Th ank you.
•
Larry Corwi n, 2700 So uth Broadway, Credit Motors, sa id l had no inlenli on of spea kin g toni ght , bu t what was just
do ne lo Jon Cook ... l mea n nobody fro m here , from the aut omobile bu sin ess, sa id that recently some body who wa s
on the Coun cil was arre sted and put in j ai l for eight yea rs, beca use I think that would be wrong. But il happened and
they are se rvi ngjilil time ... a member who was a CPA. And also, there ha ve bee n. in th e pa st. Coun cil members
·i.i ho were arrested for drunk en dri vi ng , but nobody brough t th at up and it shouldn 't be a fa ctor. Ut's rnlk aboui the
iss ues. You should be as hamed of yourself. I mea n that, lady, yo u should be as hamed of yo ur se lf.
Counci l Mem ber Wolosyn sa id quite fr an kl y I wo uld rather ha ve so meo ne say so mething lik e that in a Publi c Forum
or have a chance to neatly add ress it and I think th at is the way to show mutu al re spect. I know that it does n't a~fec l
the way I am go in g to vote on thi s, bu t I appreciat e the fac t th at !h e co nve rsa1 ,\,n happened in publ ic and we ca n go
on.
Coun cil Memher Barrentine sa id I had the opportunit y to sit on~ State Licensi ng Boa rd and I und erstand what their
func ti on is and how the y opera te in tryi ng to kee p th ei r stand ard s fo r thci l' practice . It is a different se lling . To use
thi s for um as a way to perso na ll y an ack so mebody is irap propriate . This is not a fo rum that so me body ca n get up
and fr ee ly speak for them sel ves. nor we re .he y awarr of the fact that anyt hin g was going 10 be brough t up in publi c
and I think it is des pi cab le. This is not tht: ,1enue 1hat we should be using, nor should we be doing it al a lime whe n
1ve arc vot ing on so mething where a Co mm ;::c:-has wo rked toget her fo r over a yea r and then try to di sc redit 1hc
wo rk of that Comm iltee , and our Ma yo r and .hi s co mmu nit y, at the eleve nth hour 10 try to di sncdit th e wo rk th :u
lh'!)' have done . I am ashamed. There was appl ause.
Ma yor Garre ll asked if there we re any other co mment s. There we re none.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC
H!lAR IN G TO CONSIDE R TESTIMONY ON COUNC IL BILL NO. 44 APPROVING AUTOMOTIVE
51,LES AND RE NTAL USES IN THE MU-B-2 WNE.
Ayes : Cou ncil Membe rs Barrentine , Moore, Brndshaw . Garre tt . Wol osy n.
Woodward, Tom asso
Nays: None
Englewood C il y Co uncil
December 20, 2004
Pn gc 8
Mmi on carried :md th e publi c hea ring d osed.
11 . Ordlmmccs, Reso lution u nd Motions
(a) Ap prova l of Ordin ancrs on First Readi ng
There we re no addi ti onal item s su bm itt ed for approval on fi rst rcJding. (Sec Agenda Item 9 • Co nse nt Agenda .)
(b) Approva l of Ordi nances on Second Readin g
(i) Co un cil Bill i-l'v. 3 ! aut hori ?i ng an .. Exc han ge of Perman e nt Easement s" bet ween Diana
& Leig h Bra y an d the Cit y of Englewood loca ted nt 620 East Bates and Bates Loga n Park along th e Ci ty Ditch wu s
consi dered .
COUN CIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM
11 (b) (I )· ORDINANCE NO . 65, SERIES OF 2004.
ORDINANCE NO . 65, SERI ES OF2004 (C OUN CIL ILL NO . 31, INTRODUCED BY COUN CIL MEMB ER
BRAD SHAW)
AN ORDINANCE AUTHORIZING AN "EXC HANG E OF PERMAN ENT E.'1SE MENTS" BETWEEN DIANA &
LEIGH BR AY AND THE CITY 01' ENGLEWOOD, CO LORADO IN THE VI~ 'NITY OF BATES LOGAN
PARK AND THE CITY DITCH .
Ma yo r Garre tt as ked if th ere was any comment.
Co uncil Member Wolosy n sa id I just th ink thi s is one of those grea t things wh ere there co uld have bee n ? lot at
con fli ct and we worked it out to the sa tisfactio n of all and I appreciate the part ici pati on of all parties.
Vole results :
Ayes: Co un cil Members Barre ntin e, Moore, Brad shaw, Garre n, Wo los yn.
Woodwa rd . Tomasso
Nays : No ne
Moti on ca rried .
(ii) Ci ty Anorney Brotzman said thi s item is li s1ed on the Age nd a as th e "o pl •O ul " pro vis ion
and that wa s ac tua ll y a fo rmer item . Thi s is Co un ci l Bill 44 . T hi s is th'~ automo li w sales iss ue th at we just had th e
Public Heari ng on. That is what yo u will be voting on as Co un cil Bi ll 44 .
COUNCIL MEMBER WOLO SYN MOVED , AND IT WA S SECONDED, TO APPROVE AGEN DA ITEM
11 (b) (II)· ORD INAN CE NO . 66, SER IES OF 2004.
ORD IN ANCE NO . 66. SF.R IES OF 2004. (COUNC IL BILL NO . 44, INTRODUCED BY COUNC IL MEMB ER
WOLOS YN )
AN ORDIN ANC E AMEND ING TITLE 16. CHAPTER 5, SECTIO N 2, SU BSECT ION C(J) (a), OF TliE
ENGLE WOOD MUNICIPAL CODE 2000, PERT AINING TO ST ANDARDS FOR AUTOMOTI VE SALES,
RENTAL . STO RAGE . PARKING USES AND. ADDING A NE W SUBS ECrtON (b) PROVIDI NG FOR
IMPL EMENTATION PER IODS .
Mayor Garre tt sa id is th ere any disc uss ion or co mm ent. There was none.
Vole resu lts:
J\yes: Co uncil Members Rarrcn tine, Moore , Br:id shaw , Ga rrett, Wolosy n,
Wood ward Toma sso
Na ys : None
•
•
•
•
•
•
Englewood City Council
December 20, 2004
Page9
Motion carried .
Co uncil Member Barrentine said I want to clarify. I origi nally voted agains t thi s a nd I gave my reasons at 1he lime
and I wan ted 10 give my reasons for why [ changed my mind . I stick by th e fact of the information I gave before.
th at I don't agree that we shoulc; si ngle ou t an industry in thi s comm unit y, that we have , in some ways, kind of
coe rc ed them into se llin g so me higher Handards on th emse lves in order to function in th is comm un ity, but I do
applaud 1i·em th at they came forward on their own, that th ey worked with th e Mayor, that they formed th e
Co mmiuce, that they wo rked through the iss ues and out of respccl fo r th at, that is why I am vot ing for it. I still
stand by the principle th at I don 't think it is an appropriate move for thi s government 10 make to sing le out an
industry, as if they are our problem and try to use them as a scapegoat and tha1 is what l think was done . I vo ted fo r
it , because I ha ve respect for the hard work that you guys do and si nce you ha ve agreed 10 hold yo urse lves to a
high er stand ard, then I am going to let you, so, th ank you .
(iii ) Co uncil Bill No. 66 approving an agreement with Ge:1era l Electri c Capital Business
Asset Funding Corporation regarding the land lease with Rocky Mountain MOB , l.LC was conside red.
COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (b) (Ill)· ORDINANCE NO. 67, SERJF.5 OF 2004.
ORDINANCE NO. 67 . SERIES OF 2004 (C OUNCIL BILL NO . 66, INTRODU CED BY COUNCIL MEMBER
BRADSHAW)
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN GENERAL ELECTRIC CAPITAL
l\USJNESS ASSET FUNDING CORPORATION AND Tl-IE CITY OF ENGLEWOOD, COLORADO
REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN MOB, LLC .
Mayor Garrett asked if there was any comment. There was none .
Vote results:
Motion carr. ~.
Ayes: Cou nci l Members Barrentine, Moo re, Brad sha w, Garren, Wolosyn ,
Woodward, To ma sso
Nays: None
(c) Resolutions and Mo1ions
There were no ad diti ona l resol uti ons or moti ons submitted for approva l. (See Agenda hem 9 -Conse nt Agenda .)
12. General Discussion
(a) Mayor's Choice
(i) Mayor Garrett sai d I want to th ank all the participants that rev iewed the li ghting. but 1
also would like to thank th e ci tizens o f Englewood fo r all the lighting di spl ays they put on. We alway s ha ve a !al or
people who drive through ou r neighborh oods to enjoy th e ligh lS and we always do a remarkable job in thi s
com munity of celebrating the holid ay seaso n. so I just wan t to thank everyone fo r th at.
(b) Co uncil Membe r~• Choice
(i) Co unci l Member Barrentine:
I . She said thank s again to the Police Department. I had so me people ca ll me 1his last week who had some
need for their serv ice s and , once agai n, it brought to mind so me hard workin ~ ocopk ·md l ar,,.>rccia• t !h at !h ey are
in this co mmunity . Th.ank you.
2. She said and Merry Chri stma s 10 everybody.
Englewood City Council
December 20, 2004
Page 10
(i i) Co unc il Membe r Bradsh11w:
I . She said Hopp y Holid ays 10 eve rybody.
2. She sai d I j us t wa nt to say th al I have all the respect in the world for Pnlnua, th e Muyo r, and th e ge ntl eman
from Voll ey Motors. Thonk yo u.
(iii) Counci l Member Toma sso:
l . He sa id best of th e season's wi shes to everyo ne.
2. A reso luti on 10 approve 2005 Aid to Other Agencies was cons idered .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION
NO . 102, SERIES OF 2004.
RF.SOLUTION NO . 102. SERIES OF 2004
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2005 BY THE CITY OF ENGLEWOOD,
COLORADO.
Ma yor Garrett asked if there wa s any di scussio n. Th ere was none .
Mayor Garrett noted we have a fund of approximately $32,000.00 in the Council budget to Aid Agen cies in 2005 .
Vote results :
Moti on carried .
Ayes : Cou1. ; Members Barrentine , Moore , Bradshaw , Garrett , Wolosyn,
Wood . U1l , Tomasso
Nay s: None
[Clerk 's note: Thi s wo.s li sted as it em 12 (b) (ii ) on the Agen da.]
(iv)
Merry Chri stm as .
(v)
Council Member Woodward sa id I j ust want 10 wi sh everybody l-l appy Ho lidays and
Co uncil Member Wolosy n:
I. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE
REGULAR CITY COUNCIL MEETING OF JANUARY J TO JANUARY IO, 2005.
She sa id thi s is to acco mmoda te all of us over th e holid ay. Thal mea ns we will have a rea l mee ting two weeks in a
row .
Ms. Bra dshaw noted the seco nd mee ting will be on a Tu esday, because of Martin Luth er King Day, so we need 10
n,ake sure 1hu1 th ose arc pos ted.
Mayor Garrell sai d pa rt of the reason, al so , is to make sure 1ha1 th e Ci ty staff has an oppo rtunit y to get ev erything to
us for meeti ng prepara tion. That , l think , will be fa ci litated by movin g it to Janu ary IOitl .
Vote results:
Ayes:
Nays:
Moti on carried .
Council Members Barrentine, Moore , Brad shaw, Garre tt , Wolosy n,
Wood ward , Tomasso
None
•
•
•
•
•
Englewood City Council
December 201 2004
Poge 11
(Clerk's note : Thi s wa s li s1ed as item 12 (b) (i) on 1he Age nda .)
2. She sai d I guess I wo uld lik e 10 co mm ent on 1he aut o use. I do apprecia te all the wo rk that wen t into ii. but
I wo uld also lik e to say that. Palaua, I think you mis understood abo ut the motion th at was maclc las t wee k. Mmi ons
li ke that , th at are mad e to reso luti ons and ordin ances . arc part of public di sc uss ion and often helpful and I respect
th em whenever th ey come up . I think th ey cla rify the discuss ir,n in the e nd and I'm thinking abo ut when we were
voti ng to pu t th e hea d tax on th e ball ot. th ose of yo u who we re iilvolvcd ,cmcmber it was that same procedure that
reduced the amount. That is just pa rt of publi c di sc ussion and I thin k ii is a pos it ive part of pu bli c discussi on th at we
tool thin gs in public . Ind eed, we have to 1001 things in publi c.
3. She sai d on last Wednesda y Gary, Rick Kahm, Lauri Danncmillcr and oth er City staff membe rs we nt down
to th e RTD meetin g abo ut how Fa sTracks will be impl eme nted. We arc makin g sure tha t the Bate s Station a nd our
other interests stay on th e ta bl e and that we are part of th at discussio n, because I thin k things will move quickly and
if we arc not there, we ma y wake up and fin d out that we mi ssed so met hin g. I appreciate everybody takin g their
time ou t 10 do th at.
Mayor Garrett sai d on th at no,_ .. I know there was a presenta ti on re garding the timelin e fo r th e di ffe rent projec ts.
Is that or, th eir web site?
Ci1 y Manager Scars Sll id it is, but we also put it in the ncwslcu cr. The timcline act ually was on the seco nd pa ge of
that. I don't think they have it on a web si te. but we can blow th at up to make the print large r.
Or, Co unc il Member Bradshaw sai d, someone could just indica te how that affects Eng le wood and show where the
Bates Sta ti on is in that pl an. And, Ma yor Garrett sa id, the ex tension down into Hi g..\.J nd s Ranch .
Cit y Manager Scars said we will provide 1ha1 10 yo u.
4. She said on Wed nesda y night we ha ve the Chris tma~ <:oncert here: at 7:30 at the atrium . It is a
co lla born ti on be twee n the Ci ty through the Arts Co mmi ss ion and th e Park s and k.ecrca 1io n Department and
Engle wood Arts anrt I th in k it is go in g 10 be very success ful. We have bee n ge tt ing a lot of ni ce help from various
press agencie s in ge ttin g th e word ou t. It is alwa ys grea t when so mething we do exc ite ~ 01hcrs.
5. She sa id Merr y Chris tm as a nd I hope we all hav e a happy, prod ucti ve aud wond erfu l New Yea r.
13. City Manager's Report
(a) Cit y Manager Scars said I just w1nted to th ank Olga for being th ere with our staff at th e RTD
mee tin g. We did talk to John Sh onsey a nd Liz Rao a nd it is preny exci ting. J'hcy are mov in g ahe nd. There are
so me pl ans bei ng put tog ethe r. We wi ll be ..:o ming back to Council wi1h 1ha1.
(b) Cit y Manager Scars sa id several of us had the oppo rtunit y, on Friday , to go to Arapah oe Co unt y.
The Ci ty rece ived $440,000 .00 in Ope n Spa ce money . It is 3 Ji1tl e bit less th an what we had anti cipa ted, bu t there is
a two mo nt h lag time there. We had budgeted $500 ,000 .00 thi s last year and we arc loo king lo have a si milar
amount ne xl year . We have about $880,000 .00 th at Cou ncil has budget ed fo r nex t year, so I 1hi nk we arc in pretty
good sha pe fo r th ose Open Space imp rovL•me n1 s tha1 1he Counci l ha s earmarked. I thin k 1ha1 was good news .
(c) Ci1y Ma nager Sears said we did ha"c a succes sful Open House. Man y Co unci l membe rs and
empl oyees had an opporlunit y 10 co me by and I think it wa s a good way of bringing in th e New Year and sayi ng
th ank s to the emp loyees in lhe organi za ti on. Th ank s for yo ur sup po n .
(d) Ci ty Manager Sears sai d we are go ing to be a litt le bit lim ilcd with sta lf 0 ·1cr th e nex t co uple of
weeks , but we've got eve rything cove red. I know our empl oyees througho ut th e orga niza ti on nrc worki ng hard 10
maintain th e se rvice s and , aga in . we wo ul d li ke to say th anks to the Council. Have an enjoyab le Holiday and New
Year .
Englewood City Council
December 20, 2004
Page 12
14. Ci ty Allorney's Report
(.11 ) City Attorney Brotzm an sai d I wo uld like 10 wish everybody a Hi1 ppy Holiday. Happy New Yea r
o.nd Merry Chris tm as .
15 . Adjournment
The meeting adjourned at 8: 17 p.m.
•
•