HomeMy WebLinkAbout1999-11-08 (Special) Meeting MinutesINGLIWOOD CD'Y COIIJIICIL
ll'IGLIWOOl.\ .utAPAIIO& COUN'l'Y, COLOJIADO
Sµ.-dal ....
N-llul,1"9
All Council Maabcn lipd an" ACKNOWLEDGMl!NT OF RECEIPT OF Nan CE" OF Ti!B "CALL
OF SPECIAL MBlmNG AND NOllCE OF SPBCIALMElmNO."
I. CallteOf'Mr
.11lc spocia1 ~ of lhc EnalewoOO City Coo.ocil wu Clllocl to evtl:, by ~ !ayor Bums at 6:03 P.l!L
2. lmlcadoa
Tbc iavocalioa wu JjYOII by !'<IWICil Member Nabbolz.
J . l'ledse., Allopaa<e
Tbc Pled&o of Allcgim:e wu lcd by Mayor B111111.
4. -..u Call
Absen::
Aquorumwupacut.
Alsoproscnl:
Council Membal Nabbolz, Grazulis, Gama, llndlbaw, ff~
w._,Bumt
None
City Manap Scal1
City Attorney Brotzman
Deputy City C""1< Casile
Deputy City l:lclk Wbilc
Alsi>:ant City Mana,er Flabaty
R,aeati011 Savices J'damF Hullhcrg
Mayor Bwm llalal tbal Ibis is a ,pocial .-in&, wbich bu bcca ooticcd. Dd Council is allow,J to
consider Cllly tbe UIII 011 lhc Agmda.
S. llqala1· Apda
(a) AppnMI of OnlimDces oo Finl Radin&
(i) AssilllDI City Mana,er Flaherty praallocl a ru:ommcndatioo from tbe City
Manager IO adopt a bill for an on1inallce alllboriziag lhc acc:epWXe of an qRCIIICDI and suhlcasc between
the Musaim ofOuldoo< Alla, lhc Englewood EovinJmnoalal FOUlldatioa, and tbe City ofEuglcwood. He
stated !hat CounciJ bu dcsign,locl IIA"Oximatdy IS,000 square feet oftbe IOCOod Door cf Civic ~for
cultural ua. He said the acli011 tonight is rcq,JCSlocl IO finalize lhc sublcue !hat we have been woning 011
with lhc Mualllm of Oaldnor Alls fO< lhc put seve,aJ wccb, and FUii bock ......i IIIOlllhs i,, terms of
communicaliooa. Reprdii,g lhc bari<: Imm of tho apcmcal, ilisa five year qr-, wilh lhn:e 1M:
year options. Tbc MUS<WD of Outdoor Alls will pm-ide IO tbe City, thilUa permanent pia:a and 1M:
rewlvi.llg pieca of artWM, IO be pl,.:ocl ill tbe CityCcntcr complex. Mr. Flaherty stated !hat the IUtWOlk
bas a valualioo olapproximaldy $1 millioo. He said lhat MOA, ill lmlll oflalllll ~ of thcirlp'..:e,
Englewood City Council
November 8, 1999
Pagel
will make a capilal inYellmcllt of ~ly S500,000.00 . That !Igwe bu not been finali%ecl yet, but
bar.eel on the 1QU110 COocage and the amo,ml of •m: to ho done, tllat Is the eoliJmle lhat we haYO been
provid<d wilh. Mr. F1abaty said 1h11 iDcllldes ,nn.1 S7i..OOO.OO of common ..... space impnMIIIODII OD a
shat:d basis will the City and wilh the otherpottr.lll!• :acroflhc spac,, on the second floor, the othtt
culniral user. He .~id, in addition. MOA will provide annual exhfoill and events at CltyCenter wilh I value
0($50,000.001 year and will work wilh lhc Englewood Cultw..: Arts Commission lo ealabllsb spocia1 rates
for Englewood rosldents for their programming. The City will provide for art ir.stallation expenses of a
maximum ;;!$100,000.00, and lhat is a one time expense. The MOA will pick up any cxpenaea ..-.r
$100 ,000.00 and lhc City will make an annual conln'bution 10 MOA of$96,000.00. Addllionally, we
anticipate lbat the in kind services provid<d for Wl portlon of the building will be approxinr.tely
$30,000.00, be said. Mr. Flaherty noted lhat the Council packets included a Council CollllllUlllcalio~ of !be
proposed contnct and council bill. A IIIOIIIOlandum lhat discuslOS various issuea Iha we got Iulo in the
negotiations ollhis conlnlel and II-~ proposed 1'50lution of U-issues, including the res:ive Iha would be
SOI aside as part of the agreement 10 ICCOIIIIIIOdale Ibo amoni7.ation of the MOA impn,Yel_, DYOr I tat
year period. He asked Council lo notice the additional S11,000.00, t"81 MOA n,qucsted a, meet the 1W1
demanda oflhc spoce impromnenlS, ,.re dedOCICcl on an annual basis from theamOl.lzltian .,we haYO 1
somewhat accderating amorti7.ation b:cau"' our conlribution went up from $84,000.00 lo $96,000 .00.
There is also I CODIIICI IUDllll3r)' ar.d fact shoot aaacbed Iha is ID updated fact sheet Oll the MUIOUIII o(
Outdoor Arts programs and servic,:s as well as the contribution by lhe c··y towards lhis conttacl. Mr.
Flaherty staled lhat, if there wen: any questions. be would be happy lo answer !hose. He said there was 1
repn:scntlliYO from the m=m here lhis O\'Olting and h• also knows lhal C ..uncil will be holding I public
comment session on Ibis coulrlCI on Novtmber 22", so '! Council would like lo bold lhcir qucstiom for
then. lhat would be fine.
Mayor Bums noted the scbc:dule of reseM was a little dill'Offlll lhan what was discuse! previously. He
said theY were talking about S50,000.00 a year the last lime theY lalked about Ibis, and lhis scbedulo
amortized it a liUle slo,.cr lo begin with, but it accelerates lislcr Ihm! $50,000.00 a year at the end.
Assistant City Manager Flaherty said !hat is because we are deducting the $12,000.00 inaemental
contribution !hat we make directly lo MOA on an annual basis. Thal goes from twelYO lo twenty-four lo
lhirty-six 10 rorty<igb~ so ii does accelerate it somewhat
Council Member Gamtt stated that ii is always going to be $50,000.00 a year. We have just taken out the
twelve additional payments . Council Member Waggoner staled that that was what Mr. Ganott had asked
for . Mr. Gan<lt said lhat was not e.uctly what be asked for but it must have been lhe compromise
negotiation.
Mr. Flaherty said that theY al-, responded in lhe memorandwn lo Mr. Ganott's question. in lhe event diat
MOA would choose 1101 lo pick up their initial option. there would be no payment lo MOA. unless the City
defaults. Ir theY fail lo excrcile their finl option. lhcre would be no amortiiation owed lo MOA. and at lhe
second option period,• lhe ml often years. they are fully amoniud.
Mayo, Burns asked about an article in lhe coDClael, munber nine, on hazardous materials. The deflDition
includes p.....,ts and solY<nlS, and ii seems there might be a lot or that around a classroom or the aru. He
said be bu seen lhe classrooms olMOA and was unsun, iftheY use onlinary oil paint or acrylic paint or
whatever, but lhose should be recognized. h ays that no hazardous materials RIil)' be brought in, k<pt or
disposed or, on the p,anises. lie opined 1h11 you have lo have some pain~ acrylic and things like that in
there .
Assistant City Manag,cr Flaherty said Mayor Burns was correct and that be was assuming this is our
standard languago. We may need lo make aa:ommodations if it includes all types of paint
Mayor Burns added lhcre should be some kind cl agroement II to bow that will be contained or used ot
disposed or according to certain Slandards. as those kinds or materials wou' 'certainly be lhcre.
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Enalewood Cily Council
November I , 1999
Page 3
Cooncl1 Member Onzulis 111d sbe DOClcm, under dcfinlll .. ol bazanloul 11111crial. ii did excludo
00llllllOlcially 11111d cleanlng mMeriaJs In onUmry qaalidco. Sbc ubd if this would be lib clanllc 1ypc
lllnp for brushes or arc they la1king more about~ tblnp. suc:lt IS for cleaniq.
Mayor Bwns Slalcd that be lhoughl they wen, la1king aboul Public Worb building mainlenaarL Ms.
Gnzulis said 111W lhaa a amll t1un1 ollurpalDIIO or oomcthlq lib 1h11.
Mayor Bwns said thal Jua takes cm ol commercial solvcnu In ocdinary cleaning opentloDL
Mr. Flaherty stated that he l1links It ti prtlly clear we will need lo work OIJI IODIC dclails with MOA 111d
particularly for dlsposal of painlS and solvenll and the Jiu. lie said be 111UD1C1 thal MOA ii dispollDa ol
their materials In a reasonable manner now. We will certainly talk to them and see whal those procas«
arc and make sun: thal lhcY meet the m cf the City and of the SIB!ll.
Council Member Bradsbow lllled lhal, In 11>111C eu<a whca people dupmc olbamdolls matail1, noover
ti In charge of disposing of it bas their name oo the container. She asked if that was what we wae doing
here, 00 9.3 .
Assistlnl City Manager Flaherty staled that the City Auomey brought lo his atll.'!ltion that 9.1 indic:11,s
thal, if MOA t...,. or U9CS any hamdous nul<ii.'111 on lire, it is their raponsibility lo comply with the laws
in lcrms of their possession. storage use and disposal . Mayor Bwns said that might covr.r it !hr.m.
Mr. Flaherty said thal 9.3 basically talks about our own constnx:tioo of the sile and our n:sponsi'bililial lo
provide them with a clean site lo move iim .
Mayor Bwns said that IJxhibit F is a list of all the art pieces . He asked if lhcY could possibly have
pbotogr.,jlhs olthosc, p0111'bly in a lillle pocket, lo sbow us wllal theY arc. He~ C"'1ncil bad...., a
number of them, they took a tour, andplllbobly-.ld recopizu-olthe names.
Mr. Aaherty said that be would ccr1ainly check with MOA and see iftheY can provide that for the public
meeting and pemapo a di,play of thooe • woU . lie aid theY haw a video that some ol the Council
members saw when we tooled !heir facility . He said be bad asked them lo bring their video and it may
make sense for them lo also bring pbotognpbs olthe artwork they an: going lo bring on to the a
Mayor Bwns said that it would be nice if the public aiuld .,. what ti-pieces an:. Council Member
Nabbolz aped with Mayor B111111, apeclaJ1y with the art la Ullle Dly Creek, wben: there bas hem lllcll
bani feelings . She felt it would be very wise if they showed their COllSlilUmll what Council is COlllidmillg
putting in there. Mayor Burns agreed.
Council Member Bradshaw asked MOA rq,rcscntative l<odney Lontine, if he was keeping his office 11
Harlequin Plaza. Mr. Lontine said no, 11115 ..awd be the .. plant II the Museum. Ms. Bradsllaw aid
that was W1Clc:ir, and there is some concan about UOA now having two offices. Mr. Lontlnc said this
would definitely be the main and only planl We probably won't even do anv of the to UIS there llll)'DIOIC,
!,e said, and may bring IIDOther piece or art over. We arc ninety-nine percent sure or that coming over.
Ms. Bnidshaw asked if Ibis would be the beadquarteR for MOA. Mr. Lon tine said yes, eventually it will
probably all be here .
Council Member Gamu asked, rdalive lo the conlnd, what is the City's money being spent for. lie said,
for people who do DOI hive copia of the COIIIIKI, the $96,000.00 the City is ICllding lo MOA ii ID """""1
MOA ': co..'Cltional pn>gr21D1 and ticililies which will be .... in Englewood. assist with "!',ciai .-
provlckd wiUi;n the City, public art displays. and ongoing maintenance or art work displayed in the
C tyCcatcr. He M tt.e mmiey is llllppoaed to Slay lien,, The Olliy one that is DOI Rally qualifial IS a:11 is
l!n&)eM,ad City Council
N<wembcrl,1999
Pq,:4
item C, but you 'll havc public art dilplayl outside the City limill. He said be did not know IC we could
modify-. C, under 16.1, ID DJ public art dilpllyl willliD Ille City. Ho said OYel)'llwta elle ilqali&,d
1'itll wbll is p,iDg to be 1ioppenillg hen: in~ 11111111, we would like cu tax dolllll ID 11111)' MR.
Mr. Gurelt said 1h11 is Ille my CD lhat doa DOI-.. ID havc l qualificalioa and you will .... -
public art dilpllyl OUllilv. ofthc City.
Mr. LonliDe said that be did DOI know bow we would dilfenmatc 1h11, flam an audit poiDI o/. >low. He
said that be knew that with the $50,000.00 they.,. dcllnildy sbowins lhat they.,. committing to ipecilic
prollJllDI, that lbeR ii piing to be an audit and bow it is p,iDg ID ,pocilically rdale back. He said the
majority of the otller portioo of that iJ .,....., ID be specifically just for mainlcnance of the art work II the
City. OJll'Clllly tllOle pieces arc lcucd .; dil!aeat buildings lar mon: or lea an olfiet. He said tllae
IIIOIUel IR ,pocillcaUy used lo malsllaiD the pic,ccs.
Council Member Garrett said that MOA has aln:ady commitled to do 1h11, 111, wbcthcr you can audit or not
is a dilfcta11 issue . He said be would just likc ID qualify whal be bad rd'cm:d to in the contract Mr.
~ -ya. IClbeR is ID-WIY 1h11 doll DOI open it up ID a Joi ollhinp.
Mr. Gurett said that hr. did DOI want ID place l bwdcn OD MOA, but, rather, his intent was lo mob it clcllr
that this $96,000.00, that the City iJ paying, iJ p,ing to be used bore.
Mr. LonliDe said risht, and that Wl5 the intent and lhal goes bock to Ms. Bnldshaw's question, lhis will be
ourmaio sile.
Council Mauller Bradshaw said tbcro would be prog,ams open to Englewood citizens that our Recreatio,,
Department doesn 'I provide at this time. Recn:a!ion Services Manascr Hultberg said that is primarily
conect.
Mr. LonliDe l1alCd that they have yet to sit don with their commillion and work this thing Ol!1. We havc
bad intcmal m«tinp. be said, and we have 1llbll about cvaydliag from me cluses for Englewood
citi=s to di.!aJunll to a whole laundry list al things. He said they arc just wailins for this to set done.
Ms . Bradsbaw l1alcd 1hal -we a,e a,,ain1 lar our clollan iJ a issue will> our citiz.cna. llccausc we do
DOI have prosnms of this IIIIUle, it does DOI .... in their mind with the .lollar value. She rcquatcd that
Mr. Loow,c do oomethins to prCSCll11h11 ia l much IIIOIO COIICfflC way.
Mr. Loalille llid they plan oo having• lilt of all the dift'crcnl classes and Ille brochures oo the c1wa, the
cost al tllc claal and a lCbcdulc thal says. tllcac ... oil the clasa offered In other palll of the City and
County and wbele we lalJ fram a COIi stand poiDL BUI above and beyond just the classes that a,e going to
be ofl'cted, it iJ going to be real specific that tbeR are going ID be prosrama aod art cxhibilioas that an:
definitely going to be me.
Ms. Bradshaw ll1IIOd that if they put a d<;IJar amount OD bow roucb each of those programs would be, IC we
were paying for ii, tho1 were going IO ;,, froc, that would help too.
Mr. Lollliac said that iJ wby we asked how we would quantify solllClhin& ..-ithout sayins we will do thit.
and this. They may change every year, and we may know wbcrc about $12,000 .00 of that $96,000 .00 is
Fin& but tbeo for the rest ol i~ we know that fifty thousand of it is goins immediately back and it has to
be audited every year. He said tbcro is only aoo<her $30,000.00 that is soinsto go pretty much into just
maintaining the art collection, so, it is pretty well alICldy laid oul
Ms. Brad,haw llai.."CI tilal, for a aoo-art person, it is DOI clear at all. She said it loob like we arc tolllly
sublidiz.;Ll lhc MOA, to some of our comlit-.
Mr. Loaline said immcdiatcly, right ofl'the top, $50,000.00 is coauns back every year.
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F.qJcwood City Council
NoYembcr 8, 1999
Plgf,'
Council Member Oarrctt 11114, in the mee1U11 ofNo-,embcr 22"', MJmeone llbould Fl up 111111 ay 11111 I: :Ji.,
money 111111 Ibis ii where It ii .,..,.. Ma. Blllbhaw aagelled having blllllloo.111, llto.
Mr. Lowac said. out ,,r that, rlabt away fifty comes back in lhcoc types or p10g111DS, be it clua,
pedormaoca, at WW ha~ )'llll,
Council Mtmhcr Bradshaw s,.id to show, ifMOA was DOI be", bow mucil lhcsc programs would COIL
Mayor Bums Sllgesled that to.'lighl or somewhere in between, lhat Mr. Lontinc llel VCT/ specillc in die
bencfilJ tJiat arc bcin& gha to L'tc citizoi1s, 111111 the opponun!Ucs ror the clti?ms, esj,<clally the cblllht, to
panicipal', ~ lhcoc prognms, because that question has bccll 111<,d many times, too. He said the 11101e
,pccilic and the more dirccl Mr. Lootinc can get with that, the bcltcr people will Wldcntand ~ hal Y"" arc
providing and what they arc getting for their ta., dollar.
Ml. Bndlhaw aid we hlM anme families that cannot all'ord shoes, and Ibis looks like t~L '-' ~ •<r., b1.!lf!
luxu,y. She aid she know anme prloritia in families arc difl'erca1, but she does know that that ' 1
complaint she has heard, tbol they can budy bep their kida in litocs 1111d clodting and here ii the City
subsidizing Ibis. And they arc not looking at just the annual roe, they arc looking at a million dolJan or
$500,000.00.
Mayor Ewns aid cspecialJy if the prognms lll'C rr.e to the kids, because be feds that cv.:c they 11111 to
panicipale. lhcy will really ooe the value of the programs, they will bring ii back to the parcnlJ.
Mr. Lontine said that lhat was dircusscd in the sWr meeting just thls week, something II=, so they show
up and it also gelJ lhcm in the habit or coming in and laking advanlage of IL We -DOI met with the An
Commmion,., .... don't Wllll tO decide anything, MJ. Bradshaw aid that she Wlderstood that. Mr.
Lontine said that be appra:ialCI that and 1hcy will try to hlM infonnalioo out thac that belps people
undentand the bendilJ from a big pidurc. even bow it all'eds lbeir life.
Ml. Bndlhaw aid it ii not just kids, it ii the rest of the population and bow someone in their thirties mipl
benefit Crom MOA. You a= to hit the people who vote, also, she added, because there will be a pail tr,
put this on I balJOL
Cooncil Mtmber Nabbolz :iskal Mr. Lontine if 1hcy had not discussed at one time the possibility oC
rcdllccd ra&cs for some o(the classes. Mr. Lontine said they ..-m, bopd'ully, going to try to do both.
Mayor Bwns suu,:sted that it would be very beneficial if they were to make it easy ror people to at the
programs. Mr. Lmtine qrud, maybe DOI a dilcounl, but pahaps I -for them to gel used to doing IL
We did a lot of brainstorming. be said, and thac will be a cliscoon~ but we were trying to think wbat ebe
.. ~ mighldo.
Council Member Bradshaw aid the compa,ablcs just an, DOI there for the programs MOA provicka,
because 1hcy arc 011C o( I kind programs. That needs ID be stated, also, she Sllggested.
Council Member lla'.,enjcbl said she had two questions. At one poinl. part of the deal was Iha! MOA
would guarolllCe an annual budget 0£$500,000 .00 while in E1181ewood. She asked also if Mr. Lomine
knew bow many jobs they would be bringing in. suggesting possibly two to seven. Mr. Lontine said k
would b, more titan thal, dcpmding oo whether you count all the teacben, and we ha,~ a full-time ulf.
We ha,~ also been workin4 with the City sWr ID put together a -tbal will list the aumbcr at cl-,
types or performances, something that would be easy tJ look at and for people to know wbat they will get.
1bal would include stair mombcn, number of teachers, and that sort of thing, he advised.
l!qlcwoodCltyCowlal
November I, 1999
Pqc6
Council Mcmilcr lllbeDichl asked Mr. Fllbcrly, if the City werc lO ~ IO ftnisb Iha! 15,000 oquan: -
wbclher ii -111 aboul $500,000.00 . Mr. Fllbcrly aid yea, diao is rally~ HIiie ~ between
the 1)1,e or ftniih that ........ providing In the Civic Caller and wbal MOA will be p,vvidlns. TIiey In
t,uically pruvidu,a olllca as Mil u IODIC llllcr imlnJc1iollal rooms. We 11e loaklng II $60 IO $80 per
rquan: COOi ror ftnisb inthll bui!Jias, andMOA is In Iha! 11111eballporlc. be said. Ms. Habcnicblald, 1r ...
wen: IO finish thal ror our own plOglUllllinc. wc would have io put that much money In up 1111111 OlllltMI.
Ms. llabcnicbl Slid her undcntandlng ,..., that the Ccnillcates or Participation n,qulro that wc can aat
utiliz.c Iha! SiJICC for pullin& In COIIUIIOl'Cial i..su-s. City AUomey Brotzman aid that is coffCCI. Ms.
Habenicht ssid WC would aat be able IO put I commeicial colelprito In that spocc became or the
Ccrti.llc:atcs or Pal\icipalioo. Mr. Flabcrty aid lhat is comet, adding that he did DOI believe we would want
IO put coru;nen:ial In tbclo . Ms. Bradshaw said Iha! ,-ts io be sald loud 11.'<! clew also.
Council Member Bradshaw asked if the City is allowed IO enter inlO an agRCmenl that obligates us ror
twenty ycvs. City Allomoy Broaman responded that this is why the ....,... 11e ICI up u they ..._ There
is a legal ._-became you have the rcscrvc issues, he sale!. There is a TABOR problem wlda llllllll•
year fiscal obliplioas, and that is why you have the rcsem:s. FulW'C Councils can opt out or this CODlnlcl,
be said, and then you would 10 IO that ocbcdulc and that IIIDOUllt ls pale!.
Council Member llabonicbl asl.ed bow this dilfcn Crom a seventy-five year lcue agi=mco1 with Miller
Wciopnen. Mr. Brnumao said, for one thiJ c, they 11e paying us. The key is, the City, in this case, would
be paying out the IIIOIIC)'. But. Ms. Habcnichl said, wc 11e obligating us io that amount or money. Mr.
Brotzman mid you do DO( have IO appropriat, any money Wida those cimunslanccs. Mayor Bums added
that tbcR is an Uldq)end<DI appropria1ion made for that ch year. City Attorney Brotzman said Iha! is
COITCCI.
The Deputy City Clerk read the council bill by tillc:
COUNCll, BILL NO . 70, INTRODUCED BY CO UNCll, MEMBER GRAZULIS
ABILLFORANORDINANCEAUillORIZING l1IE ACCEPTI.NCEOF AN AG'N!l!MENI' AND
SUBLEASE BETWEEN 1llE MUSEUM OF OUTIXJOR ARTS (MOA), '!"ti:: :;NGLl!WOOD
ENVIRONMENTAL FOUNDATION, INC. (EEi', AND TIIE CITY OF TJNGLEWOOD, COLOJW>O
(CITY).
COUNCll. MEMBER GRAZ1JLIS MOVED, AND IT WAS SECOIIDED, TO APPROVE AGENDA
ITF.M 5 (1}-COIINCil. Bll,L NO. '11.
Motion carried.
Ayes : Cou!lcil Members Nabholz. Grazulls. Garnn, Bradshaw, Habenicht,
W-and Bums
Nays : None
6. Adjouro .... t
COIINCil. MEMBER BRADSHAW MOVED TO ADJOURN . The meeting adjourned at 6:30 p.m.
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