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Home My WebLink About2000-03-13 (Special) Meeting Minutes• • • ENGLEWOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Moedng March 13, 2000 I. Call to Order The specia l meeting of the Englewood Ci ty Counci l WllS cal..~ to order by Mayor Bums at 5:30 p.m. 2. InvocaHon The invoc.Jtion was given by Coundl Member Nabholz. 3. Pledge or Alleglanco The Pledge of Allegiance was led by Mayor Burns . 4. Roll Call Present: Absent: A quorum was present. Council Members Nabholz . Garren, Brad.,haw, Wolosyn, Yurchick, Bums Council Member Grazulis Also present: Acting City Manager Aahcny City Attorney Brotzman City Clerk Ellis Director Simpson, Community Development Mayor Bums advised that City Manager Sears and Council ~ember Grazulis were at the National League of Ci1ies Conference in Washington D.C. Ma>·or Bums eitplaincd lhat this is a Special Meeting. it calls for only one item on lhc Agenda and Council is resrric1ed to that item. 5. Regular Agenda (a) Approval of Ordinances on First Reading (i) A recommendation from the City Manager's Office to adopt a bill for an ordinance approving an amendment to the Agreement and Sublease with the Museum of Outdoor Arts (MOA) was considered . Mayor Bums noted 1hat th is i1em was continued from last week Director Simpson said he was goin@ to keep his prescnlalion very minimal and he would be available for questions and answers , He explained that this amendment amends the original co ntract wit h the Museum of Outdoor Arts and thC' City of Englewood to Jccommodatc an additional 3000 square feet of space. This amcndmcn1. he said, was requested .is a result of us not go ing forward with the original direction of using the David Taylor Dance Theater as pan of the cultural space within the Civic Center building Mr . Simpson :idviscd that this omendmcnt also provides MOA with the full responsibility for the lobby and gallery space and the cost of 1h.1.1. They will also be assuming the costs for the restroom facilities and the amendment prov ides them some oppo rtunit y for lim ited use of th'! City"s cu llural arts space ... up to 90 days £nalewood City Councll Spcdal Meetln1 Mattb 13, 2000 Pqe2 without charge ond aflcr 1ha1 they \.\ill bo r.!l~~ed at a standard rental Alt'. It nlso ;,ru vi dcs the or?()Munity for the City to use the public 1allcry space, subject to availability, and studio space and conference rooms. Wi1h tha1 , he said. su1.ff is recommending 10 proceed with the :1mcndmcnt. One of 1hc issues with this is timing. We llfC trying 10 work closely •· .. i1h Ct1icon, as is the Museum of Outdoor Arts . There is an issue of timing for construction, he advisC't . so .,.,'C just want to move forward. Mayor Bums asked if there was a rCt"ommcnd:uion 10 proceed wi1h the urdinance . Council Member Garrett advised 1ha1 he had a coup le of q•Jestions for the rcprcsenuuivc of MOA . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 5 la) (I) • COUNCIL BILL NO. 15. COUNCIL BILL NO. IS. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZ ING THE ACCEPTANCE OF AN AMENDMENT TO THE AGREEMENT AND SUBLEASE BETWEEN THE MUSEUM OF OUTDOO R \RTS (MOA). THE El◄GLEWOOD ENVIRONMENT AL FOUNDATION. INC. (EEF) AND THE CITY OF ENGLEWOOD . COLORADO (CITY). Rodney Lontinc . with the Museum of Outdoor Aris. introduced himself :rnd thanked Council fo r coming ionighl fo · the Special Meeung. Council Member Garren noted Mr. Lont inc had wriuen a memo to Gary Se:irs that accompanied lhc IRS forms Council received in their packets. He pointed out that in that memo it says these documents are no longer public record and they coni.un privileged and confiden1ial information. Mr. Garren said he has b(cn confused on the legal requireme nts and he thought 1hcrc had been a disconnect between the City and the Board of MOA . He s1a1ed he docs 001 like to start out any enterprise with 1his kind of misunderstandinP,. Mr . Garren said it was hi s unders1anding that these types of docur:1ents had to be publicly available. Mr. Lontinc said he does not know. that he now knows more about 990 forms than he probably ever wanted lo know in hb life . because of lhis. They arc availab le under cenain rcs1ric1ions. he said. They arc available fo r a limited time after they ue published every year and. he thought. a notice has to be put in the newspaper and lhen you have 60 or 90 days after the fact 10 come down to the facility 10 look at the forms . After that period h:1s expired. he advised. they arc no lc.nger available 10 the public . That is as much as he knows and the ruling has changed again and he docs not know what the new rule is. Mr . Lontinc noted 1here is really nothing there . in the 990's, it is jus1 that it has been the Museum's po licy to not just hand out financial infonna.tion and 1ha1 was all there was 10 it. Council Member Garren said one of the things he wou ld like to conside r is, during that window of 60 days. or whatever it is that ii is publicly available, 1ha1 a copy be pro vi ded 10 1hc City of EngleWOIJd . That would be one proper.al. he said . so we don't run in10 1hi ~. barrier each year . Mayor Burns said he has talked 10 C11y Anomey ~rotzmo.n about thi s so mewhat He asked Mr . Brotzman if ii is necessary to go down to loo k at documents . City Attorney Brotzman said it depends, that under the nev • proix>sed regulations you would have to go down and look at them . He poi nted out that the Museum ce,u1d always send us anything the y like, whenever they like. tha1 there 1s no prohibi11on , in reverse . that they ,an ·1 send ii 10 us. Mayor Bums asked City Anorncy Brotzman what 1hc law is now, il5 he understands it Mr . Brotzman advised. as he understands it . now if you make the request, it is public . He said he wou ld need 10 qualify 1h:1t a little bit He cxplu.ncd lhat that is under the old regulati ons and nobody is operating under the old regulati ons. e\'erybody is opcratinl!: under the ne w regulations . which allows for a time period to go into the • charity and review them . Yes, he said. th ose arc the new regulations and they arc proposed. but everybody has been operating under them for the past year. • • En;le.rood City CoUD<U Special Mffllna March 13, 1000 P11eJ Council Member Yurchick said that he understands under the new regulations that you ca.n also requesi 1 mailed copy, but they h.ive the right to charge you for doing that. City Attorney Brotzman said thac is correct. Council Member Bradshaw thought tha1 would be fair. Mr. Yurchick noted you can still rcqurst a mailed copy, it is still ii rcquircmcnl. Council Member Garrett asked if that is only durina the window or if it is at any time . Mr . Yurchick said that he understands they :ire suppose to be on record at :ill limes, being 1.1 non-profit. but he did not know fo r sure. Council Member Garren stated the easiest way to handle it would be 10 put it in rhc contract that when MOA makes the filings. and it becomes publicly available infonnation, that we could actually have it sent to the City Auorncy so MOA would have some sense thnt it would be protected . Mr . Lontine said he was 001 tryin g to get around an}1hing . Council Member Garrett said he understJ.nds 1ha1. bu1 wha1 he is sayi ng is 1ha1 we can contrnctlL1lly take care or it. Mr . Lontine advised thl'.• lie is not i.:u1horized to dC' anyt hing contractually with the 990's. He said 1he contract, with 1hc amendments right '11·,w. is what ii is and he is not auth orized 10 approve any other amendments . This. he stated, was his charge from the Board, that this is the amendment as it stands. if ii is not approved , it is not approved. but he is not authorized to ar;:,rove any amendments to that. As far as the 1999 990 form, he noted, he bas already said that, as SCi ,n as that bcco~s available. he would forward a copy directl y. So. he said, they have already made that 11grccment. Council Member Bradshaw asked if they would like to see that as a policy every year. Mr. Lontinc sai< is the law. you just request it every ye;u. Council Member Garren said he thought the Ci1y was going t... have 10 do that . along with the appropriate :ilalemcnts that are attached 10 it. City Attorney Brotzffl!l.n advised they wou ld just put it on the tickler sys1em and request it. Council Membc:r Garren said okay, that wo uld be great. Mayor Bums a\ked if there were an y other questi ons. concerns or comments. Council Member Bradshaw asked if they were going 10 read the leuer from Julie Grazulis intc, the record. She said she knows there arc no proxies allowed or anything . Mayor Bums advised that he lalkcd to City Manager Sears a little bit before he left and he said you reall y couldn't do that . that it is an emrcssion of her opinion 10 Council. but we can't enter her own vote that way. Ms . Bradshaw said she didn't want to enter a vole for her. Council Member Garrett SJ id it just needs 10 be entered into Lhe record. Mayor Bums agreed tha1 th ey could enter her memo 10 ~:~ Council in !he record , about her sup port for the Museum of Outdoor Arts and for this vole. that ii just tells us what her feelings are . (Clerk's r.ote: A mt:morandum from Council Member Grillulis to Ma yor Bums and Members of City Council, 1'.ated March 13. 2000. was entered in1 0 1hc record .I V,te results: Ayes : Nays: Absent: Motion carried. 6. Adjoummeut Council Members Nabho lz. Garren, Bradshaw. Wolo sy n, Yurchick. Bums None Co un cil Member Grazulis MEMBER BRADSHAW MOVED TO ADJOURN . The meeting odjourncd" 5:39 p.m. Lt/1/4