Littleton City Council Meeting Minutes May 5, 2009

Citizen Minutes

Regular Meeting of City Council

 May 5, 2009

 Roll Call

 Pledge of Allegiance



 a)         Minutes of Regular Meeting April 7, 2009

 b)         Minutes of Special Meeting April 14, 2009

 Introduce New City Employees

 Citizens Appearances

 b)         Scheduled public appearances

            Presentation of proclamation declaring May 17-23, 2009 EMS week in Littleton, David Patterson, Division General Manager Rural Metro Ambulance

                       c)         Unscheduled public appearances – Frank Atwood thanked the City Manager and the Council on transparency and invited the public to attend a walk along the backside of the property where the WalMart would have been built.  (May 6 at 10am)

 Consent Agenda Items

 a)         Ordinance on first reading amending Littleton City Code Sections 10-1-2 and 10-3-2 and adding Section 10-4-14 related to beekeeping – Peggy Cole passed out her recommendations for changes in the proposed ordinance.  Her first change added the definition of an aviary which passed 5/2 with Ostermiller and Brinkman dissenting.  Cole’s next two attempts to amend the ordinance died for lack of a second.  Jim Taylor said he understood what she was trying to do but he preferred to wait until the public hearing before making the types of changes she was proposing since he was not an expert in the field of bee keeping.  The amended ordinance passed on first reading 5/2 with Ostermiller and Brinkman dissenting.

 b)         Resolution that elects that the City of Littleton’s General Employees Money Purchase Pension Plan and Trust not to be covered under Article 54 of Title 24 of the Colorado Revised Statutes Passed 7/0

 General Business

 a)         Motion to Approve a City of Littleton Ethics, Protocol and Standards of Conduct and Expense Reimbursement Policy – Tom Mulvey asked that this be postponed until June 9th.  Motion passed 6/1 with Peggy Cole dissenting.

 b)         Discussion on Buy America Resolution – Doug Clark said this was brought forward by a citizen and would commit them to using any stimulus money on American products and services.  He does not like to get involved with Federal or State matters and there are provisions in the City Charter that are specific in how the city does their competitive bidding etc.  He offered language that would bring the resolution into compliance with the Charter and moved that it be brought back by staff at the May 19th meeting.  Cole offered a similar change and both changes were approved 6/1 with Ostermiller dissenting.

 On the main motion John Ostermiller suggested that the Council not consider the resolution.  He did not know who the group was and there are a lot of “whereas’s” with no proof that any of it works.  It has been the practice of previous Councils not to get involved with National philosophical ideas and he asked the Council to vote no. 

 Motion to bring the Resolution back on May 19th passed 5/2 with Ostermiller and Brinkman dissenting.

 c)         Authorize purchase contracts for Open Space acquisitions – Ensor & Lee Gulch parcels – The Council convened into an Executive session prior to this topic.  Charlie Blosten presented this item and recommended that the Council approve the purchase of 7.8 acres west of Santa Fe and south of Mineral from the Ensor Family and 6.3 acres west of Santa Fe, south of Lee’s Gulch and east of the South Platte River.  Money from South Suburban, Arapahoe County, GoCo and Littleton will be pooled to make the purchase with Littleton’s contribution being $1 million of the $4 million expenditure.  Motion passed 7/0.

 Ostermiller thought it made sense and they would operate much better if they are able to provide advice to Chris Gibbons and other business groups.

 Brinkman mentioned a vacancy on the committee and there was a brief discussion about what to do about the vacancy.  Taylor thought it was a broader issue of policy that they needed to discuss – at what point do you not look back at the applicants but take new applications?  He thought they were reaching that point now. 

 Ostermiller thought they should go back to the way it is in the City Code – Business/Industry Affairs would provide a list of what expertise they needed on the committee and the Council could select from that list.  They should do it that way or change the City Code.

 Suzanne Staiert said that they have a vacancy coming up on the Planning Commission too.

 Cole read from the City Code and said she did not see where the Code specifically called for the “list” to be provided to Council by BIA.

 Clark said since they don’t know what the Code says they should have a study session about BIAAC – what do they want BIAAC to do and to discuss a replacement policy.

Comments / Reports

a)         City Manager – Jim Woods informed the Council that South Suburban would be presenting their study on Cooley Lake at their breakfast meeting on May 21st.  Brinkman expressed concern about the lack of transparency since it was a breakfast meeting that was not televised and it would be difficult for the public to attend.  Woods said it will have to come back to Council when a public hearing would take place.

 There was some discussion about whether or not the Council approved South Suburban’s Management Plan.  Woods will look back to see what actually happened. 

Jose thought the Council needed to discuss opening Cooley Lake prior to meeting with South Suburban – some on Council support opening the lake for fishing and some don’t.  What happens If South Suburban says ‘no” to opening the lake – is that it?

 Woods said they have a 25 year contract with South Suburban and the plan calls for both parties to approve the Management Plan and he can’t remember a time when they did not agree.  Suzanne Staiert will also look into what happens if South Suburban and the Council do not agree on a Management Plan.

 Woods asked Council if they could move their budget workshops from August 24, 25 and 26 to September 8, 9, and 10.  This delay would give the staff more data to work from in preparing the 2010 budget.

 b)         City Attorney – Suzanne Staiert reported to the Council that a recent Court of Appeals Open Meetings Law case found that the Steamboat School Board did not call their executive session properly and as a result the contents of the executive session were made public.  She will provide a written motion for all preplanned executive sessions in the future in order to keep them on safe ground.  There are dangers in not being specific in the motion.

 c)         Council Members

 Jose said he has been getting complaints from people in his district about the mega mansions being built and the small homes next door to the mega mansions that have lost the sunlight as a result.  He asked Jim Thelen to attend his District II meeting to answer questions from the citizens.  Clark thought this would be a hot topic in the discussion of the neighborhood plans.

 d)         Council President – Clark reviewed the process for solving the Police space needs.  He said that they decided, in the January workshop, to look at the Mineral building.  Now that it is no longer being considered he wanted to make certain that the direction the Council supported was to pursue Option 1 with the addition of adding parking and 2,000 square feet for the Emergency Command Center.  He also thought it would be good to know if the additional parking spaces cost more than the elevated option – they may want to reconsider that particular option.

 Jim Woods said he will put together a scope of work with those modifications, a specific sequence and he would need some budget direction for architectural and engineering services for schematic plans.

 Brinkman asked him how he was going to pay for this since the Water Fund was not transferred.  Woods said he would have to find another source or use contingency money. And he would be asking Council.  Tom Mulvey stated that it would be kept under $6 million and Woods said that was a good point.


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