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MINUTES OF PROCEEDINGS

LITTLETON CITY COUNCIL

February 3, 2009

The Littleton City Council met in regular session on Tuesday, February 3, 2009, in the Council Chambers of the Littleton Center, 2255 West Berry Avenue. The regular meeting convened at

1. Roll Call

  THOSE PRESENT: MAYOR CLARK
MAYOR PRO TEM MULVEY
COUNCIL MEMBER BRINKMAN
COUNCIL MEMBER COLE
COUNCIL MEMBER OSTERMILLER
COUNCIL MEMBER TAYLOR
COUNCIL MEMBER TRUJILLO

  THOSE ABSENT: None
  ALSO PRESENT:

2. Pledge of Allegiance

3. Agenda

Mayor Clark requeted an executive session 13 (f) regarding land acquisition and Recognition of Service Award, 5 (a) is added to the agenda.
The Agenda was approved as submitted.

4. Minutes

a) Minutes of Special Meeting January 13, 2009

The minutes of January 13, 2009 were approved as amended.

1/13/09 DRAFT minutes

b) Minutes of Regular Meeting January 20, 2009

The minutes of January 20, 2009 were approved as amended.

1/20/09 DRAFT minutes

5. Introduce New City Employees

a) Recognition of Service Award
Mayor Clark and the City Council recognized and honored City Manager Jim Woods for 25 years of service and his contributions to the City.

6. Citizens Appearances

a) Guest Citizens

b) Scheduled public appearances

c) Unscheduled public appearances* (limited to 4 minutes)

*Unscheduled appearances are an opportunity for any citizen to express opinions or ask questions regarding city services, council policies, or other matters of community concern that are not part of the scheduled agenda. Generally, an immediate response should not be expected. Typically issues are referred to city staff for follow-up information or research and reported back to the council and the individual that initiated the comment or inquiry.

Greg Reinke, Reinke Bros.
Mr. Reinke requested that Council provide a letter of intent by February 28, 2009 for the parking leased by the City located on his property.  The City’s lease expires on May 15, 2009 and the rent will not be raised.  

Bill Hopping - Historic Preservation Board, Chairman
Mr. Hopping invited City Council to attend "True Grit" to be held Thursday, February 12 and also Thursday, February 26, 7:00 p.m. at the Buck Center.  This is a chance for the public to add their comments regarding the future management of the City of Littleton’s historic assets.  These forums will be professionally moderated by Nore Winter of Winter & Company. This company helps a community identify what they have, what historic preservation is and what it is not.  

Mayor Clark complimented the flyer that was presented. 

Council Member Trujillo - President Littleton Cemetery Association
Council Member Trujillo stated that the Cemetery Association would like to place a fence at the South end of the Cemetery.  People are driving down Ridge Road to unload their trash.  In light of the accidents that have happened, the train company unloads all their equipment on to Cemetery property when a train wreck happens.  We need to look into a way to acquire that street and make it a dead end.  The Cemetery Association has been waiting for the development on the east end and completion of the curb and gutter so we can continue on with the same type of curb and gutter, but the development is not moving forward so, the Cemetery Association would like the a fence placed with a gate that you can walk through, but no motorized vehicles will be allowed.   

Council Member Trujillo reported that people are always asking about Alfred Packer.  Rumor has it that he was beheaded when he died.  Ripley’s Believe it or Not claims to have the shrunken head of Alfred Packer in San Antonio, Texas.  The Cemetery Association is working with the Littleton Museum for verification.  

Council Member Trujillo stated that the Cemetery Association may be drilling a well.  Mr. Cy Miller has completed all the work to acquire water rights from the surrounding properties. The Cemetery Association has a permit in perpetuity that can be used to place a well on the south side of the Cemetery to service the grass on the south side of Ridge Road. 

Council Member Trujillo stated that there is still 35 years worth of space in the Littleton Cemetery 

7. Consent Agenda Items  Consent agenda items can be adopted by simple motion.  All ordinances and resolutions must be read by title prior to a vote on the motion.  Any consent agenda item may be removed at the request of a Council Member.

a) Resolution specifying where notices of public meetings are to be posted

City Attorney Staiert read the Resolution by title.
Council Member Cole removed 7(a) from the consent agenda.

7a

b) Resolution to transfer funds from Sophie Bramley Sylvan Trust fund into Library Expenditure Account

City Attorney Staiert read the Resolution by title

7b

c) Resolution Approving Intergovernmental Agreement with the Regional Transportation District (RTD) for Shopping Cart funding

City Attorney Staiert read the Resolution by title

7c

Motion TO APPROVE CONSENT AGENDA ITEMS 7(b) AND 7(c) was moved by COUNCIL MEMBER TAYLOR and seconded by COUNCIL MEMBER COLE.

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

7 a) Item Removed from Consent Agenda

Council Member Cole stated that currently we require notices to be posted at the City Center, the Library and online.  She would like the resolution to say except for emergencies that we also post at the library and online.   If we have a true emergency we may not be able to post online or we may not be able to get the posting to the library.

Motion THE RESOLUTION DESIGNATING THE FRONT DOOR OF THE LITTLETON CENTER OR THE INDOOR WALL AREA ADJACENT THERETO AS THE LOCATION FOR THE POSTING OF NOTICES OF PUBLIC MEETINGS AND THE COUNCIL PRESIDENT BE AUTHORIZED TO AFFIX HIS SIGNATURE THERETO was moved by COUNCIL MEMBER TAYLOR and seconded by COUNCIL MEMBER OSTERMILLER. approve

Mayor Clark asked if for emergency meetings we must notify the press at the same time we notify the City Council. 

City Attorney Staiert stated that an emergency meeting does not require the 24 hour posting requirement. 

Mayor Clark stated that if the intent was to notify the public of an emergency meeting the City is not required to do anything. 

City Attorney Staiert stated that staff would post an emergency meeting as soon as we knew about it and posting requirements would be determined by this resolution. 

Motion TO AMEND THE MAIN MOTION TO READ "DESIGNATING THE FRONT DOOR OF THE LITTLETON CENTER OR THE INDOOR WALL AREA ADJACENT THERETO AND THE LIBRARY AND ON THE CITY WEBSITE AS THE LOCATIONS FOR THE POSTING OF PUBLIC MEETINGS..." was moved by COUNCIL MEMBER COLE and seconded by MAYOR CLARK.

Discussion of amendment to main motion
Mayor Clark asked how difficult is it to post the agenda at the library. 

City Attorney Staiert stated that staff is already posting at the library and on the City Website.  Clerk Heffner confirmed this procedure.  This resolution is the legal requirement for posting of meetings. 

Council Member Taylor stated that he would be voting no because the City is already completing what the amendment states and there is no need to go beyond what is required by State law. 

Ayes: MAYOR CLARK and COUNCIL MEMBER COLE.

Nays: MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Absent: None.

MOTION FAILED: 2 to 5

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

Council Member Cole requested clarification of posting the agendas online. 

City Attorney Staiert stated that Council Legislative Procedures require posting on the City website and we will continue to complete that task. 

Council Member Cole asked if the resolution regarding posting overrides Council procedure. 

City Manager Staiert stated that we would continue to post the agenda on the website. 

8. Second and Final Reading on Ordinances and Public Hearings

a) Ordinance on Second Reading Establishing 2009 Sanitary Sewer Utility Charges and Resolution of City of Littleton, Colorado Sewer Utility Enterprise regarding Sanitary Sewer Charges

8a

City Attorney read the Ordinance and Resolution by Title.

Public Services Director Charles Blosten reviewed the 6% increase for all users to the sanitary sewer charges.   Director Blosten stated that he met with seven of the eight Sanitary Sewer Districts that we serve and the seven in attendance were in agreement of the 6% increase.

Director Blosten stated that new billing methods are being studied with possible implementation in 2010.

Mayor Clark reminded citizens that the bill received by in-city users will be $24.00 more due to storm drainage charges.   

Council MemberOstermiller requested that Director Blosten explain why inside users pay more than outside users. 

Director Blosten stated that the difference is the cost of collection services.  The separate Districts charge their customer’s the colleciton services.    

Mayor Clark opened the public hearing at 7.39 p.m.
Marti Brzeczek - District IV
Mr. Brzeczek asked if the increase includes a 6% increase for the collection fee and treatment.  

Director Blosten confirmed that both the collection fee and the treatment fee were increased by 6%. 

Motion THAT THE PUBLIC HEARING BE CLOSED AND THE ORDINANCE ADOPTING THE 2009 SEWER UTILITY CHARGES AND THE RESOLUTION OF CITY OF LITTLETON, COLORADO SEWER UTILTIY ENTERPRISE was moved by COUNCIL MEMBER BRINKMAN and seconded by COUNCIL MEMBER TRUJILLO. approve

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

9. General Business

a) Agreement with South Metro Denver Chamber of Commerce for Economic Development Services

Chris Gibbons, Business/Industry Affairs Director
Director Gibbons reviewed the agreement the City would have with South Metro Denver Chamber for Economic Development.

Mayor Pro Tem Mulvey asked Director Gibbons about the "2008" in the Council Communication.

Director Gibbons stated it is a typographical error and will be corrected to read "2009" and the corrected version filed with the City Clerk’s office.

9a

Motion THE AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES WITH SOUTH METRO DENVER CHAMBER OF COMMERCE, PAYMENT FOR SUCH SERVICES BE AUTHORIZED AND THE COUNCIL PRESIDENT BE AUTHORIZED TO AFFIX HIS SIGNATURE was moved by COUNCIL MEMBER BRINKMAN and seconded by COUNCIL MEMBER OSTERMILLER. approve

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

Council Member Cole requested that if this item is renewed for 2010 that this be brought forth before the end of 2009.  This agreement expired at the end of 2008.

Manager Woods stated that Council approves this money as part of the budget and asked if there is a particular reason to approve this agreement in December and he also stated that the payment for this agreement is made in one lump sum.  

Council Member Cole stated that Council should approve the agreement before South Metro Denver Chamber does any work.  

Manager Woods stated that he would bring this to Council in January next year.   

10. Consideration of Committee, Commission and Board Matters

a) Discussion of board and commission interviews

Mayor Clark requested that Council decide what questions should be asked of the applicants and reminded Council that last year an abundance of time was spent to put together questions that were provided to the applicants before the interviews.  

10a

Motion THE QUESTIONS FOR BOARD AND COMMISSION INTERVIEW AS SUBMITTED AND TO PROVIDE THE QUESTIONS TO THE APPLICANTS BEFORE THE INTERVIEWS was moved by MAYOR PRO TEM MULVEY and seconded by COUNCIL MEMBER COLE. approve

Discussion:
Council Member Brinkman stated that there are no questions for the Tree Committee. 

Mayor Clark asked Council Member Brinkman to return with questions for Council to review at the February 10th Special Meeting. 

Council Member Trujillo stated that he received a letter from Denise Senn requesting appointment to the Fine Arts Committee.  Clerk Heffner confirmed that Ms. Senn submitted an application.  

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

10 Min. 

Motion TO HOLD 10 MINUTE INTERVIEWS STARTING AT 6:00 P.M. was moved by COUNCIL MEMBER COLE and seconded by COUNCIL MEMBER BRINKMAN.

Mayor Pro Tem Mulvey asked if all 40 applications were new or members of Boards that want to be reappointed. 

Clerk Heffner stated that these 47 applications are new and Council requested that interviews not be held for members requesting reappointment. 

Council Member Taylor asked if we need three nights for interviews.  The schedule submitted has a few 15 minutes time slots.    

Clerk Heffner stated that she used the schedule that was submitted last year and there is one 15 minute time slot each hour in case Council falls behind.   

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

Motion TO NOT HAVE AN ALTERNATE DAY FOR INTERVIEWS, TO CONFINE THE INTERVIEWS TO THE 23RD, 24TH AND 25TH OF FEBRUARY was moved by COUNCIL MEMBER COLE and seconded by COUNCIL MEMBER BRINKMAN.

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

11. Ordinances on First Reading

12. Resolutions

13. Comments / Reports

a) City Manager

No Report

b) City Attorney

City Attorney Staiert advised Council that at the next regular City Council meeting she would be presenting several ordinances in regards to decriminalizing traffic violations and a number of ordinances requested by the Police Department. 

c) Council Members

Council Member Cole
Council Member Cole congratulated all who were involved with the production of our first Littleton! Show that was shown before the City Council meeting tonight.  

Council Member Cole thanked all citizens for volunteering for the City, whether it’s formal volunteering at the Library or Museum, the Library would like more volunteers for three hours a week for three months, or other volunteers who are not formally recognized, such as those who are picking up trash on walks or reporting reckless drivers which can be quite time consuming to attend municipal court and be a witness during the court case.  (driver with 5 tickets) 

Council Member Cole stated that she was embarrassed that no one knew how to use the document camera in the Community Room during the session with the Planning Commission.  She would like staff to train other staff and a Council Member to run the document camera. 

Mayor Clark nominated Council Member Ostermiller to learn and Mayor Clark also volunteered. 

Manager Woods stated that he and Deputy City Manager Cortese would learn to use the document camera. 

Council Member Taylor
Council Member Taylor reminded Council that at the Council Workshop two choices were approved to solve the police needs, a stand alone building on Mineral or expansion of the City Center.  The expansion of the City Center to the East is Council Member Taylor’s preference.  
Council asked staff to complete an analysis of the City Center for its best utilization.  Council Member Taylor stated that he would like to see Council not rule out relocating the Firehouse and utilize that space to met the City’s needs, as long as an analysis is being done all options should be reviewed.  Council Member Taylor stated that he is aware that a motion was made at the workshop, but would like the rest of Council to reconsider and allow an analysis of the entire space and building.   

Council Member Taylor stated that two types of analysis need to be done for the Mineral Building, one by a professional engineering group and one by staff. 

Mayor Clark suggested that we wait for analysis on the Mineral Building until we get back an offer. 

Council Member Taylor asked City Attorney Staiert if the offer goes out quickly and is accepted will we have time for the analysis. 

City Attorney Staiert stated that it would be standard to have 6 months to a year for negotiations, so there would be time for the analysis and zoning issues.  If an offer is put down, good faith deposit would have to be put down and if the deal is not completed because of an issue on our side we may lose that money.  

Motion THAT ANY ANALYSIS THAT WILL BE DONE ON SPACE UTILIZATION, IN THE CITY CENTER, INCLUDE ALL OF THE BUILDING INCLUDING FIREHOUSE 11 AND IT’S RELOCATION was moved by COUNCIL MEMBER TAYLOR and seconded by COUNCIL MEMBER OSTERMILLER.

Council Member Brinkman would like a cost analysis of what it will cost to move the firehouse. 

Council Member Taylor stated that it would be expected that any analysis done would include that information. 

Motion TO POSTPONE THE MOTION "THAT ANY ANALYSIS THAT WILL BE DONE ON SPACE UTILIZATION, IN THE CITY CENTER, INCLUDE ALL OF THE BUILDING INCLUDING FIREHOUSE 11 AND IT’S RELOCATION" TO FEBRUARY 17, 2009, SO THAT IT CAN BE LISTED ON A FORMAL AGENDA IN CASE A CITIZEN MIGHT WANT TO SPEAK TO IT DURING UNSCHEDULED APPEARANCES was moved by COUNCIL MEMBER COLE and seconded by COUNCIL MEMBER BRINKMAN.

Ayes: COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER and COUNCIL MEMBER TAYLOR.

Nays: MAYOR CLARK, MAYOR PRO TEM MULVEY and COUNCIL MEMBER TRUJILLO.

Absent: None.

MOTION CARRIED: 4 to 3

Council Member Ostermiller
Council Member Ostermiller stated that before we make an offer or proceed with the building on Mineral we need some idea of the total cost to include remodel, to improve the security, relocation and we need to determine who is going to move. This is a total departure from having all of our administrative staff in one building.   

Motion DELAY MAKING AN OFFER ON THE MINERAL STREET BUILDING UNTIL WE HAVE A STUDY THAT DELINEATES THE COST OF FINISHING THE BUILDING, THE RELOCATION COSTS, A PLAN OF WHO IS MOVING TO THIS BUILDING AND COST OF OPERATIONS was moved by COUNCIL MEMBER OSTERMILLER and seconded by COUNCIL MEMBER TAYLOR.

Discussion:
Council Member Taylor stated that the Mineral building is larger than what we have now, maybe if we acquire that building we need to look at moving all of the City administration to the Mineral building.  

Council Member Brinkman stated that the motion that was approved at the workshop was to make an offer based on the appraised value.  We need to proceed with that, Council Member Ostermiller’s motion is completely contrary to that motion.  She is not in favor of doing a study that we have not budgeted for and that will be part of the procedure of moving forward.   

Council Member Ostermiller asked what we are we going to do with the building if that offer is accepted.   We are taking property off the tax rolls and we have no idea what we are going to do with it.  

Council Member Trujillo stated that Option #5 (Mineral Building) is a very viable alternative.  We need evidence storage for the Police Department mandated by the Federal Government, automobile storage.  Council Member Trujillo is in favor of providing all of the Police Department under one roof, instead of spreading Littleton all over.  In all the options we had located in this facility (City Center) take up a lot of parking.  If we build here we still have parking problems.  The Mineral Building has 222 parking spaces.  FEMA has used the Mineral Building during their stay in Littleton.  We could lease part of this out to Counties, CBI, FBI, or FEMA. 

Council Member Cole asked how long it would take to do an analysis. 

City Manager Woods stated that staff would have to provide a scope of work, but it would be fairly extensive.  There are professional space planners that could take as much as a year.  This would be a very comprehensive process and a significant undertaking. 

Council Member Cole stated that several staff members and Council Member Brinkman have walked through the Mineral Building but she has no idea what it looks like.  When this was discussed on Friday, one of the suggestions was to make very few changes at first.  We are "jumping the gun" to request a space plan, unless we talk about what we want there.  Council Member Ostermiller’s motion contradicts the motion made on Friday.

City Manager Woods stated that he is hearing a difference in philosophy on Council.  Council Member Ostermiller is asking for reconsideration of the motion made on Friday. 

Mayor Pro Tem Mulvey stated that the motion made Friday is a good idea and takes precedence over Council Member Ostermiller’s motion. 

Mayor Clark stated that at the Friday workshop several different options were presented for police needs. Mayor Clark review the options presented.   The City’s cost consultant Scott Brown estimated that the cost of the Mineral Building would be approximately equal to the cost of the other proposals, converting it to the same uses presented in Option #4, the Chenango Building.  Mayor Clark has great concern if we start talking about moving other departments to the Mineral Building and doing a comprehensive space analysis.  This is very different than solving the Police space needs.  We cannot evaluate the viability of the Mineral building until we find out about the price range of the building.  

Council Member Ostermiller stated that the cost of the building can be obtained without making an offer.  This is not the time to start buying property. We need to do it properly, enter into a letter of intent and talk about it.  

Mayor Clark restated the motion: 
DELAY MAKING AN OFFER ON THE MINERAL STREET BUILDING UNTIL WE HAVE A STUDY THAT DELINIATES THE COST OF FINISHING THE BUILDING, THE RELOCATION COSTS, A PLAN OF WHO IS MOVING TO THIS BUILDING AND COST OF OPERATIONS.

Ayes: COUNCIL MEMBER OSTERMILLER and COUNCIL MEMBER TAYLOR.

Nays: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE and COUNCIL MEMBER TRUJILLO.

Absent: None.

MOTION FAILED: 2 to 5

Council Member Brinkman
Council Member Brinkman stated that she has concerns from staff regarding the complexity of duplex copying.  The rigors of doing the duplexing are contrary to productivity.  Staff is making a valiant effort to follow Council’s duplexing request.  Council Member Brinkman would like City Manager Woods to adjust the rules of duplexing, making these rules appropriate for the workforce.  

City Manager Woods stated that his understanding of the duplexing request was to make our best effort to duplex.   

Communications Director Narde stated that the Sustainability Plan that will be proposed to Council will say "where possible and practical duplex".

Council Member Trujillo
Council Member Trujillo stated that Council needs to inform the citizens that the money that will be used for the Police space needs is not taxed money, but from the water fund and Council will be using the money for many other projects that will be taken care of.  

d) Council President

Mayor Clark requested a timeframe for completion of the workshop report. 
Ms. Narde stated she would try to provide Council with the report within the next week or two.  Mayor Clark stated that the workshop report would be available to the public at the end of February or the beginning of March.  

Mayor Clark asked if the cut in the pavement for sewer line replacement, at the Million Dollar House, is temporary or permanent.  
Director Blosten stated that it is temporary pavement and will be fixed when hot asphalt is available. 

Mayor Clark asked if Council would approve the lease for the parking lots tonight.  
City Attorney Staiert stated that she is reviewing the lease and it could be ready for approval at the next City Council meeting.  

Mayor Clark asked what position Council would like him to take at the Metro Mayors Caucus meeting regarding the Omnibus Transportation Bill.  This bill includes many provisions. There are two different raises for vehicle registration which amounts to approximately $40.00 per year.  A portion of the additional fee will be put in a Bridge Safety Enterprise and the other portion will go into a high performance transportation fund, also a portion will go into the Highway User Tax Fund and will be proportioned as it is now.  There is also a $2.00 rental car fee.    The Bill also includes a Vehicle Miles Traveled Pilot Program, with a fee that will be based on miles traveled.  Global GPS systems would we placed on the pilot cars and gas pumps would charge the tax for miles traveled.  The final provision in the Bill is a new Tolling Enterprise that would replace the existing Tolling Authority in Colorado law.  The new enterprise would be created with the authority to condemn and take into the Authority already existing non-toll lanes and roadways in order to establish tolls on what is currently existing non-tolled roadways.  The Metro Mayor’s have concerns regarding the new Enterprise tolling roads such as Broadway or Colfax without the approval of the local governments.  The Metro Mayor’s are trying to add a provision that requires local government approval and that the tolling dollars would not leave the metro area, which is where the tolling would take place.   Mayor Clark stated that the idea of introducing tolling on already built, already existing roads is an unacceptable idea.  

Council Member Ostermiller asked for clarification of the new vehicle fees. 

Mayor Clark explained the vehicle registration fees and added that the fees are based on weight ranges of vehicles. 

Council Member Taylor stated that DRCOG is having a special meeting tomorrow.  DRCOG is primarily following the recommendations from the the Metro Mayors caucus.  
Council Member Taylor has voiced his objection the tolling of free existing lanes.  This portion of the bill bothers Council Member Taylor greatly. 

Mayor Clark stated that this is a very complicated attempt to get around a simple problem; the simple solution is to raise the gasoline tax and specify escalation clauses according to inflation.  Everyone recognizes that there is not enough money for transportation, due partly to the shift from transportation to education.  Mayor Clark feels he cannot support the Tolling Enterprise unless directed by Council.  Mayor Clark asked if any Council Members opposed his opposition to tolling lane concept.      

Council Member Ostermiller asked if the Mayor would the entire bill.

Mayor Clark stated that he is not in favor of the Tolling Enterprise or the Vehicle Pilot Program, but would support the vehicle registration tax increase.   

Council Member Cole stated that the miles traveled would be an unfair burden on citizens.  The gas tax is a fairer way to go.  

Mayor Clark stated that the alternate proposal is selling the equity in state buildings to fund transportation.  This would be a failure to address the issues.  

Mayor Clark stated that he will oppose the tolling portion of the Bill.   

e) DRCOG

Council Member Taylor stated that DRCOG will be discussing the Federal Stimulus package and how to streamline the cumbersome process of getting highway funding approved to meet the 75 day deadline to have contracts in place.  

Council Member Taylor stated that DRCOG met on a special energy work session to discuss energy conservation in the State.   

f) Executive Session

Motion CONVENE AN EXECUTIVE SESSION PURSUANT TO C.R.S. 24-6-402(4)(a) TO DISCUSS THE PURCHASE, ACQUISITION, LEASE, TRANSFER OR SALE OF REAL, PERSONAL OR OTHER PROPERTY.    was moved by COUNCIL MEMBER OSTERMILLER and seconded by MAYOR PRO TEM MULVEY.

Ayes: MAYOR CLARK, MAYOR PRO TEM MULVEY, COUNCIL MEMBER BRINKMAN, COUNCIL MEMBER COLE, COUNCIL MEMBER OSTERMILLER, COUNCIL MEMBER TAYLOR and COUNCIL MEMBER TRUJILLO.

Nays: None.

Absent: None.

MOTION CARRIED: 7 to 0

14. Adjournment


Respectfully Submitted:



_________________________________
Wendy Heffner
City Clerk