HomeMy WebLinkAbout2008-02-19 (Regular) Meeting Minutes•
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1. Call to Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY , COLORADO
Regula, Session
February 19, 2008
The regular meeting of the Englewood City Coun cil was called to order by Ma yor Woodward at 7:37 p.rn
2. tnvocatlon
The invocation was given by Council Member Mccaslin.
3. Pledge of Allegiance
Th e Ple dge of Allegiance was led by Council Member Mccaslin.
4. Roll Call
Present:
Absent:
A quorum was present.
Council Members Jefferson, Moore, Penn , Oakley. Mccaslin. Wilson ,
Woodward
None
Also present: City Manager Sears
City Attorney Brotz man
Deputy City Manager Flaherty
City Clerk Ell is
Director Gryglewic:, Finance and Adm inistrative Servic es
Director White, Community Llovelopment
Director Fonda , Utilities
Director Black , Parks and Recreation
Police Division Ch ief/Acti ng Director andermee, Safely Services
Police Commander Watson , Safaty Services
Senior Planner Graham , Community De·,elopmenl
Recreation Manager Hultberg, Parks and Recreation
Housing SP<,-ci alisl Grimmett. Community Development
Manager of Open Space Lee, Parks and Recreatio n
Benefits & Risk Manager Weber, Human Resources
Engineering/Capital Projects Administrator, Henderson , Public Works
5. Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER MOORE MO\i:::D, AND COUNCIL MEMBER PENN SECONDED , TO
APPROVE THE MINUTES OF THE REGU L AR CITY COUNCIL MEETI MG OF FEBRUARY I., 2008 .
Mayor W oodward as ked if there were any changes or modificat io ns . Th ere we re non e.
Vote result■:
Ayes :
Nays :
Motio n carried .
Council Members Penn . Mccaslin, Moore Woodward . Jefferson,
W ils on , Oakley
Non e
6. Recoo nltlon of Scheduled Public Comment
Englewood City Council
February 19, 2008
Page 2
(a) Kim Love , a Highlands Ranch resident , said I am ~he 2007-2008 President for Englewood
Unleash ed . Thank you for your attent ion tonight. I come to you humbly today , because we are approaching our
fourth anniversary this coming Jul y. Englewood Unleashed currently has about 200 members and families and
we are a reall y dedicated group that wa nts to educa te and promote off-leash par ks in Engle wood ... in particular ,
we want to make sure that everyon e is following the rules by picking up after their dog s and ma ke sure that they
come to the park with a leash ... to use from til e car to the Canine Corral so that they ca n enjoy the off-leas h
activities . We have a lot of fund ra ising activi ties .. , one of them is that we ha ve a b1unr.r eve ry other
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month .. , one for the Can ine Corral and the following two weeks at Jason Park, So, tlla: wa y we can meet new
people and tell them about our organization , We get a lot of new members that way . We don 't charge a lot , it is
$15.00 a year for a family membership , bui that is money we use lo buy amenit ies and promote the park . It
really gives us a chance to tell people and citizens about our organization and what we do to help the off-leash
co mmunity . A lot of people and families are enthusiasts for their dogs and don't know the rules , so we let them
know we have a group and we are intere ste d in looking after them , as well as their interest in th e City , We are
currently building a very high qua lity bullet in board that was approved by Parks and Recreation , with G x 6 metal
posts . One of our past pres idents , in fact , Board Advisor Tavis Hanna , is helping to build this in his shop , He is
welding and putting this together . It will be of high quality metal with a roof and it is even go ing to have a solar
system with some lighting built into it that we are going to be putting in the park , The bulletin board will have
Lexan on both sides so tha t we can post noti ce s, tell people about the rules ... the City rules in particular ... and of
course upcoming and promotional even ts for Englewood Unleashed . We also want to make sure that there is a
lost and found for lost dogs , particularly for those wo<'ied parents , worrying about thei r fur chil dren who seem to
get lost, so by posting a notice on the bulletin boa rd, hopefully , we can help find the ir anima l. The biggest eve i,t
of the season for us is our Chili CookoH and it will be held on April 12th which is a Saturday . Many of you havr,
bee n there and I know we have several City Council members who have come , including the Mayor who has
judged the chili for us . Last year we had a great turnout. It was a huge fund raiser for us. Th is year will be our
third annual fund ra ise r. So , I would humbly like to ask the Council to approve a banner to put over
Broadway ... much like you do for Englewood Days ... so that we can put up something that promotes Englewood , •
but all the money that we raise , that of course , goes to the parks , For example , we have raised money for
additional park ben ches , smoking trees , poop bag stations and we have done a lot of nice amen iti es to th e park ,
so we take care of that. Also , we have these brunches that I mentioned earlie' ond we ~ave a cle anup as well .
This last Saturday ... a week ago Saturday ... we had an emergency park ctear,up at the C<1•1ine Corral an d in
doing so , we were able to clean up the entire park . We had a whole army of people there with shovels ,
picks ... to be able to pick it out of the snow and ice ... and pails and bags and we just got it all cleaned up . It had
gotten pretty bad because of the continual fr ost and freezing . So, the money that we raise goes into the parks , it
Is all for the City , as well as for its citizens , So , we would like to raise our level a little bit this year and promote
the Chili Cookoff which is going to be at the Malley Center again , on Saturday, April 12th by putt in g a banner
across Broadway so we can tell the general public , because everybody likes a Ch ili Cookoff . We are hoping to
have a really good turnout. We obviously sell tickets to taste the chili , Last year , I think , we had 26 entrants
go in g. We hope to increase that th is year . We, honestly , are hop in g to have a much larger crowd . It is a big
money rais ing event for us . We , of course . will purchase the banner and we jus t ask the City to appro ve putting
it up and , perhaps , help us put it up and take it down .
Mayor Woo 0 ,ard said so what yo u are asking is to waive the fees for placing the banner . Mr. Love said yes ,
sir. Englewood Unl ea shed is ask ing lhe City to waive the fee so we can pla ce the banner , probably at Girard
and Broadway , or somewhere in that area ... close to the Malley Ce nter ... so we ca n get some g,1od activity . All
the money we ra ise is for a good cause . We cons ider ourselves stewards of the park , and the parks. in general ,
but particularly the Canine Corral and Jason Park . So again , it is for a very good cause and all the money we
ra ise goes to the parks . He said doe s anyone have any quest io ns ? Than k you for your time . We appreciate it.
I hope you will ha ve time at the end of the meeting so we can find out if we can get th is approved . Thank you
for your time .
(b) Deb ra Brown said I am currently a Denve r res id ent, but I am a born and raised Englewood
resident , and I also own property in Engle wood . I am actually an Englewood Unleashed board member. Kim •
put it really we ll .. ,and I think Includ ed about everyt hing that I wanted to say as well , that our Chili Cockett is our
really big event with 26 entries and we get a lot of donations from En glewood businesses . I'll tell yo u, we had a
huge rattle . Everyone that came in was elig ib le and a lot of Englewo od businesses were involved with thi s.
And , we ::ire reall y anxious to make th e park as successful as it can be, by adding amenities ... like pi cnic tabl es .
Englewood City Council
February 19, 2008
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• In lhe past year , we also increased lhe brick pathway thal is also a fund ra ising even t... sell ing the bri c ,. Thao
as we sell more , we make the pathway large r. So , I am here to ask for your support for the banne r and f.g tt>•
Ch ili Cookoff. We are hop ing that th is be lr.g our th ird yea r, news will I ave spread and ii will be a ve"I big eves •
for us . It is also a reall y fun th ing , so I enco urage eve ryo ne to atte nd . 1·hank you and we wo u1'1 ! J •, !=•·::. :"
req uest that banner and the waiv ing of the fees for ii as we ll. Thank you ve ry ,nvch.
Mayor Woodward said thank you .
(c) Re cognit ion of the City of Englewood 's Benefits an d Risk Manager , Joan Weber , fo r h,,r service
on lhe Blue Rib bon Commiss ion on Health Care Reform .
City Manager Sears said I just wanted to note thal Joan is our Benefits and Risk Manager and has p•,t in
countless hours from Nove mber 2006 to January 31 , 200 8 as a Comm issioner on the Blue Ribbon Comm iss ion
for Health Care Reform . She was here during Diana DeGette 's prese ntation and I know she helpr.d cul fr om
thal side . But lo give a little bit of ba ck ground ... the Commiss io n was created to prov ide recommeodatlons to
lhe State Leg islature regarding expanding heallh care coverage and to decrease health care costs for all
Co loradoans . The Comm ission 's recomm endations were presented on January 31" and they are summarized
in the booklet included in the Council packet. I have asked Joan , after the presentati on , to perhaps add a
couple of comments about that and maybe even fiel d some questions from the Counc il. She was recogn ized by
bolh Governor Ritter and the State Legislature for her Important role in formulating these recommendations .
Tonight we would like to honor her and what I would like to do is ask the Mayor to read lhe letter from Governor
Bill Ritter, if you would , and also present to Joan , from the State of Colorado , the Senate and the House of
Representatives , the plaque that was given lo her.
Mayor Woodward read In full the letter from Governor Ritter . ·oear Joan , I would like to express my
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apprec iation for the serv ices you rendered during your tenure with the Blue Ribbon Comm ission for Health Care
Relorm . Your talents and skills ha ve made a valuable contribution to the Commission's im portant work of
protecting and improving access to the quality health care that all Coloradoans deserve Please be assured that
your record of excellence will endure as a tribute to the time you have lnvesled in servi ng the State of Colorado
and that your groundbreak ing research and recommendations will help direct our Stale 's health policy for years
to come . Best wishes in all of your future endeavors . Sincerely , Bill Ritter Jr., Governor of the State of
Colorado .·
Mayor Woodward sa id Joan , I would also like to men tiorl that we were meeting with Legislators, County
Comm issioner and Nati ona l Representat ives ton ight in our Study Sess ion and it was brought up by
Representative Anne McG ihon , who I th ink shared time with you on this Commission , what a valuable asset you
were on the Commission and what a valuable asset that we have in our City by having you here . Having talked
to yo u a number of times ou tside in the parking lot regarding Pxactly lhese issues , I know how much you were
ded icated lo it. Ms . Webe , sa id thank you .
Mayor Woodward said in hono ri ng your part icipat ion we present you with the plaque from lhe Senate and House
of Representalives and the letter from Governor Ritter . There was applaus e.
Ms Weber sa id I just want to sa 1 a couple of th ings . Th is was a great hon or to have be ·!,ose n to be a
member of this Commission . A11d I only hope that I prov ided th em with ha lf ... even a qu , ... of the amount of
information that I had to present lo them as lo what I got out of it. It wa s amaz ing , absolute ly amaz ing . I want lo
say one other th ing . I want to thank everybody ... Gary , my boss Sue and all my co-workers , because ii did take
a lot of lime and the y ki nd of he lped keep th in gs going with my area . So . ii is a big thank you to you and to th e
other emp lo yees that maybe had to wa il a day !anger to get a response nd I appreciate that. Thanks . She
said do you have any questions on the Blue Ribbon? The summary really tells all of it...we call it our roadway
and our pathway to health care reform . Governor Ritter spoke last wee k and made a presentation on how he
saw the roadway or the pathway to health care reform . I was at that maeling with him and was really pleased
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that he has picked up some of the idea s lhat we really want lo push as a startup . There is going to be a cost to
anyth ing , but there are a lot of things thal we can do at th , beg inn in g .. adm inist rat ive wise, saving money ,
reducing the dup li city of lasks and th ings that people go through Th,,re are a lot of th ings that we can start with
right awa y and he did ack nowledge tha t. So , ii may tak e a few years but ii is a good path . Than k yo u.
Englewood City Council
February 19 , 2008
Page 4
Mayo r Woodward sa id thank you .
Council Member Oakley asked Joan if she woul d step over and she shook han d, ·•1 th all Council members.
7. Recognition of Unscheduled Public Comment
There we re no uns chedul ed vi sitor s.
8. Communications, Proclamations and Appointments
Th ere we re no commu nicat io ns, procl ama tio ns or app ointm ents .
9. Consent Agenda
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
CONSENT AGEND.A. ITEMS 9 (a! (II , (Ill, (Ill), 9 (bl (II and 9 (c) (I).
(a) App ro val of Ordinan ces on First Read ing
(i) COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER MO ORE
A BILL FOR AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT ENTIT LED
"AGR EEMENT RTD & CITY OF ENGLEWOOD COST SHARIN G FOR THE AR T" BETWEEN THE RE G IONAL
TR ANSPORTATION DI STRICT (RTD ) AND THE CITY OF ENGLEWOOD, COLORADO.
(ii ) COUNCIL BILL NO . 13 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENulNG TITLE 5, CHAPTER 3B , SECTIONS 3, 5 AND 8, OF THE
ENGL EWOOD MUNI CIP AL CODE 2000 , PERTAINING TO LIQUOR LIC ENSING AND PERMIT FEES .
(iii) COUNC IL BILL NO . 14, INTRODUCED BY COUN CIi. MEMBER MOORE
A BILL FOR AN OR DINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 6, OF THE ENGL EWOOD
MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SUBSECTION D, WHICH PERTAINS TO
DISTANC~S FOR LIQUOR LICENSES.
(b) App roval of Ordinances on Se cond Read ing
(i) ORDINANCE NO. 7, SERIES OF 2008 (COUNCIL BI LL NO . 4, INTRODUCE D BY
COUNCIL MEMBE R OAKLE Y)
AN ORDIN ANCE AU THORI ZIN G ENTERING AN INTERGOV ERNMENT AL AG REEM ENT BE TWEEN THE
SOUTH A RAPAHO E SA NITATIO N DISTRI CT, SOUTHGATE SA NIT ATION DI ST RI CT, SOUTH ENGLEWOOD
SA NIT ATION DI STRI CT, AND THE CITY OF ENGL EWOOD PERTAININ G TO REIMBUR SEMENT OF OVE R
CHARGED SANITATION FEES BY SO UTH ARAPAH OE SA NIT ATI ON DI STRI CT TO THE SOUTHGATE
SANIT ATI ON DISTRI CT CUSTOMER S.
(c ) Reso lution s and Motions
(i) PURCHASE OF A 6415 TRACTOR AND MOWER FRO M POTESTIO BROTHERS
EQUIPMENT IN THE AMOUNT OF $56 ,858.09.
Vote results :
Aye s:
Nays :
Motion carr ied.
Council Members Pen n, Mccasl in, Moore, Woodward , Jefferson ,
W il son , Oak ley
Nun e
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Englewood City Council
February 19, 2008
Page 5
10. Public Hearing Items
(a) Mayor Woodward said this is a Publ ic Hearing to gather publ ic Input on Council Bill No . 7,
amending the Unified De velo pment Code by adding Hotel and Hotel , Extended Stay as perm itted uses in the 1-
1, Light Indus trial Zone District.
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER OAI\LEY SECONDED, TO OPEN THE
PUBLIC HEARING TO GATHER PUBLIC INPUT ON CC"UNCIL BILL NO . 7, AMENDING THE UNIFIED
DEVELOPMENT CODE BY ADDING HOTEL AND HOTEL , EXTENDED STAY AS PERMITTED USES IN THE
1-1, LIGHT INDUSTRIAL ZONE DISTRICT.
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson, Oakley
Nays : None
Melian carried and the public hearing opened .
Mayor Woodward said I wculd like lo ment ion lhal there is an e-mail from Don Roth, who is lhe Chair of lhe
Planning and Zoning Comm,;,sion , that is lo be entere d inlo lhe rec ord. The Cily Clerk has received a copy of
lhe e-mail.
Senior Planne r Graham , be ing duly sworn, sa id I am repres en ting the Englewood Community Development
Department for Item 1 O a. This item proposes lo amend lhe Unified Development Code and actually restore
uses that were in the 1-1 , that were in the Ordinance before lhe Un ified Development Code was passed in 2004.
The use in part ic ular was lodging . In addition to that , we purpose to expand the defin itions and include a type of
!edging that was not prev iously identified in the Englewood Code . That is lodg ing with kitchen facilities in the
un it. So, as we summarized , we are asking you to consider the public testimony in the dec isio n to add
• Extended Stay Hotel as a definition and to add Hotel and Exte,,ded Stay Hotels as uses by right in the 1-1 Light
Industrial Zone District. To provide a bit of backgr ound , the Council approved us commiss ioning a hotel study in
January of 2007 and we hired Horwath Hospital ity to study the market cond itions in Englewood to determine
whether there was a dema nd for hotel rooms . Horwath completed their study and made some
recommendations as to hotels . One of the recommendalions was. yes in deed there is demand if you put hotels
in particular places . Their recommendations were along Highway 285 between Santa Fe and Broadway or on
Broadway or Santa Fe near Highway 285 . They also said there is a growin g market for hote ls near light rail
stations . But we took a look at the ii recomme11da lions , compared it with our Code and figured out that our Code
does not perm it hotels in the locat ions that the market would support them . So , we took that issue to the
Plann ing Commiss ion and discussed it and they counseled us to confine our request to the very narrow request
that would support a ~ser th at was in the due dilige nt phase of purposing to locate a hotel in Englewood . So ,
this is a very narrowly described amendment to the Unified Developme nt Code that was ba sed originally on the
Hospitality Study that said we should make them a use by rig ht in the ,-1's along 285 , Santa Fe ·••·' near
Broadway and the fact that we t J have an investor that is currrntly lot•ki ng to locale a hotel on Santa Fe Drive
in Englewood . Just to discuss the opinions of the Plann ing Comm iss ion a little bit , there was some discuss ion
about whe ther to allow the kitchen facilities , and their feeling was rather than overly constrain the defin itio n, they
have defined Exte nded Slay as with or wit hout kitchen fa ci lit ies . So , even if you only added Extended Stay
Hotel in th e 1-1 , you would in fact be add ing our old defin ition of Hotel and the Extended Stay Hotel that is
proposed . Th ere is nCl dir ect financ ial impacl for modifying the Un ifi ed Development Cod e. That concludes the
staff presentation .
Mayor Woodward asked if there were any questions for Mark .
Counc il Member Moore said I am trying to get straight and maybe you covered ii... what Mr . Roth put In his e-
mail. When you just mentioned the narrow definit ion ... ! want lo be clear w~al you are say ing ... that it has been
narrowly defin ed ... was it Extended Stay Hotels or wh ic h 1-1 districts or 1-2 districts are be ing modified bf add ing
• hotels ?
Mr. Graham said the request that would mirror the Horwath Hospitality Study would includ e more zone districts .
It would include the 1-2 zone districts where we have a lignt rail slalicn nearby , it would include perhaps the B-2
or the R-3-A distric ts that are on Broadway adjacent lo 285 and rather than lake up all of th ose iss ues al one
Englewood City Council
February 19, 2008
Pago 6
time . lhe y asked u$ to ju st focus on 1-1 , wh ic h would cove r the ,outh side of 285 from Santa Fe . alm ost to
Broadway. and the 1-1 that covers a lol of the Santa Fe Corridor. So . th at accomp:ishes quite a bit to deal with
just the 1-1 issue , but ii doesn 't deal with all of th e Horwath recommendations .
Council Member Moore said then that also does not deal with al least all of the issues Mr . Roth presented in his
e-mail concerning tif~ight concerns ... because what you define'1 is not narrowly rest ricte d t0 tru:n one pi,1ce of
property.
Mr . Graham sa id it is narrow /}' restr!Ct8d to one: zo ne d!ri trict out of a pos sible four zone distiicts that would J1ave
been required to implement the recommeooa lions from the consultant. If I might just add a little bit. Mr . Roth 's
e-mail. .. I rec eive d a copy of that also ... I th ink he eo•rectly points out t~·,t there has never been a height li•nit in
the Industrial Zone Districts . Nevertheless , the,e ,s kind of a practical height lim it that It requires parking •Js a
functio n of floor area . So that in most cases . if you were to llu!ld a building like a hotel, with a lot of floor area .
you are using up your land area very quickly in parking . Wnere it d0e sn 't affect you so much is if you had a
structure ... a concrete batch plant or a grain elevator , with no floor area , ii could go much higher , beca use it
doesn 't require parking for the structur e. So , While there is no direct he ight limit, there i~ an indirect heighl limit
for use s thal require parking .
Counc il Member Moore said just reflect ing on experience, on e of the developments in my district when building
their case for a PUD , the y first argued. this is how t,igh I could go , all I am Jsking you to let me do now, is this .
That unrestricted , or nearly unrestricted , height gave them a bargaining position in that development. I'm eot
necessarily saying things would change, but I am just go ing to po int out . they came back and said , keep ,n 1.tind,
we have rights to go all the way this high . If we put th is right in the center of our property ... do everything to that
limit... so , there certainly Is concern when there Is 11nrestricted height . I am cautious about it when there is no
restrict ion on he ig ht and putting ii in there by right. Because , once it is in there by right , it doesn 't come oul ,
usually . Correct ? That would be down zon ing .
Mr . Graham said I think that is basically correct. It would be unusual to limit one use to he ight . when ail the uses
in the zone district are not limited . If the issue was t0 be rl iscussed where you want to start limiting height in the
1-1 and 1-2 districts, it woulC: probably be appropriate tr 'o it looking at all of the permitted uses in l he districts
rather than singling out a particular use . Thal might r, even be lega l.
Counc il Member Moore said recognizing the time constraints of this particular issue, balanced with the concerns
of P and Z ... or at least as represented by Don 's e-mail ... l think he had sa id that spot zoning is not an ideal way
to deal with this stuff ... but is their an opt ion to address this property ... add hotels . put in a reasonable height
restrict ion that we know has no impact on their planned use of this property and then refer the broader issue
back to P and Z for more cons ideration ?
Mr. Graham said I would have to defer to Mr. Brotzman . This bu ilding is designed and I believe ii approaches
60 feet There is a representat ive from the hotel in the audience tonight and he ma y be able to answer that on
the actu al height of the ir bu il ding .
Coun cil Member tA,. ·q sa id we :mow the current plans are nowhere near the issu e that Mr. Roth is presenting .
So , is there just , , • that we can safely accommoda te that use and leave the ability to ma ke sure we end up
with the results that ~ and Z is also on board with?
Mr. Graham sa id I think staff can go back to the Planning Commiss io n and bring up the is sue .;f heighl in the
industrial districts and begin to address that as an issue , independent of this particular question and as long as it
is app li ed across the board ... l don 't think we have lhe same issue as appro·,iny the use and imposing a
regula tio n on th is use thal might be different than all other uses In the district .
Counc il Member Oakley said I would li ke clarification on Don 's memo . Is he representing P and Z or ' . this just
f Jm Don ~
City Attorney Brotzman said that is just from Don .
Cou ncil Member Oakley said that is what I thought.
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Englewood City Council
February 19, 2008
Page 7
Cit y Attorney Brotzman sa id Don is the Cha ir of the Planning and Zon ing Comm iss io n. Yo u hRve the minutes
from the Plann ing and Zoning Commiss ion ... those speak for themselves on what the Plann ing Comm iss ion said
and recommended to you . The e-mail is Don 's indiv id ual op inion . Mr. Oakley sa id that is 1<hat I thought.
Mayor Woodward sa id that is correct. Note that he is the Chair, but not repres ent ing the Comm iss ion .
City Attorney Brotzm an sa id correct.
Council Member Moore said for clarity , is this an option to lim it it...and Mark maybe you can he•n me ... l
understand changing th e zoning and that goes through the UDC process . Is what I am propos ,: ,g or
considering , I should say , a very limited zoning app lication or is what I am saying appro aching a PUD ? Which is
not the tool we have been dealing with so far.
Citt Attorney Brotzman said correct. You , , looking at the Iss ue as more of a PUD iss ue , rather than overall
zoning . You can limit a particular classific;u ,,n of businesses , If you have a rat ional reason for ii. If for some
reason you wanted to limit sewer plant struc·.ires , because they have no windows and you can 't see through
them ... to a certain height. .. that would be a , ,,tlonal reason to limit that type of structure . But you are going to
have to have a rational basis for singling out a part icular business as to a specific height ; otherwis e you want to
restrict the entire in dustrial area to a certain height. I don 't have a reason , right off hand , why a hotel should be
limited to five stories , but an office building should not.
Council Member Moore said I will stop my quest ioning for now.
Mayor Woodward asked if Cuuncil had any more questions to· Mark . There were none .
• Mayor Woodward asked if there was anyone who wishes to speak during the Publ ic Hearing . There was no
one .
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO CLOSE THE
PUBLIC HEARING TO GATHER PUBLIC INl>UT ON COUNCIL BILL NO. 7, AMENDING THE UNIFIED
DEVELOPMENT CODE BY ADDING HOTEL AND HOTEL, EXTENDED STAY AS PERMITTED USES IN THE
1-1, LIGHT INDUSTRIAL ZONE DISTRICT.
Ayes : Council Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays: None
Motion carried and the public hearing closed .
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Director Black presented a recommendation from the Parks and Recrea tio n De artment
to adopt a bill for an ord inance approv ing the Great Outdoors Colorado Grant Agreement for the purchase of
Duncan Park . He said staff is recommend ing that Council adopt a bill for an ordinance approvi ng the agreement
between Great Outdoors Colo ra do and the City of Englewood for the Duncan Park Great Outdoo,:. Colorado
Grant. As you are aware we received a $250,C00 .00 grant from Arapahoe County . Th is is our second grant to
assi st in the purchase of Duncan Park . Th is grant Is for $200,000 .00. The information before you form al izes
the acceptance of the funds from Great Outdoors Co lorado . The grant has already been awarded and what this
does is acknowledge and forma lize the acceptance of the fund ing , which will occur at th e closing later this year
of Parcel No . 2 at Duncan Park .
• Mayor Woodward asked if there were any questions for Jerrell .
Mayor Woodward sa id have we cl osed on Parcel No . 1? Director Black said Frank , we have Issued a check .. is
that correct? Mr. Gryglewicz said I bel ieve we hav e. Mr. Black sa id we ha ve not received the deeds , to my
knowledge , nn that ye t, but they should be forthcom ing
Englewood City Council
February 19, 2008
Pase 8
Mayor Woodward asked if 1here were any other question s. There wer, none .
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER Mc •J ASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 la) 11) • COUNCIL BILL NO . 6.
COUNCIL BILL NC 6, INTRODU C-:ED BY COUNCIL MEMBER MOORE
A BILI . FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE
2007 GRANT 0 ~ GREAT OUTDOORS COLORADO BETWEEN THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND AND THE CITY ENGLEWOOD, COLOr \DO FOR DUN f , PARK
ACOU :SITION .
Vote results :
Motion carried .
Ayes : Counc il Members Penn , Mccaslin , Moor e, Woodward , Jefferson ,
Wilson , Oakley
Nays : None
Director Black sa id thank you .
(ii) Housing Finance Specialist Grimmett presented a recommendation fro m the
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Community Development Department to adopt a bill for an ordinance authoriz ing the sale of the property at
2370 West Wesley Avenue . She said in 2005 Council authorized the purchase of a parcel of land that is up in
the Wesley/Zun i area in northwest Englewood . That land wa. subdiv ided last year into three separate parcels
and 2370 West Wesley is one of those parcels . Last fall Counc il also approved entering into an
Intergovernmental Agreement with Arapahoe Community College f ,r their Building Trades Prog ram for the •
students the re to bu ild a home on that site . Thot home will be nearing completion in May and staff is requestir.g
that Counc il authorize the bill that we may sell the property upon its complet io n. Funds at that time will be
returned to the Fund , so that we ca r. begin th e proces s of the next project , which will be on the site next door,
wh;ch we will bring to you later in the summ er She asked If there we re any questions .
Mayor Woodward asked if there were any questions for Janet . There were none .
COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (II) • COUNCIL BILL NO. 9.
COUNC IL BILL NO . 9, INTRODUCED BY COUNCIL MEM t>::R WILSON
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE Ot' A SINGLE FAMILY RESIDENCE AT 237 0 WEST
WESLEY AVENUE IN THE CITY OF ENGL EWOOD , CO LORADO .
Mayo • Woodwa rd asked if there were an y comments .
Mayor Woodward sa id I would just like to comment aga in, I th ink as I did last year, that I am glad to see It get on
the ma rket early. Last year it was very successful. I th ink they were fin ishing it the day that you closed and had
a cele brat io n there . I thought that was great. Janet said that is right , it all happened on the sa,ne day .
Vote re s\. :
Ayes :
Nays :
Motion c~rned.
1,1s . Gri mme tt sa id thank you .
Council Members Penn , Mccasli n, Moore , Woodward , Jefferson ,
Wilson , Oakley
None
(b) Approva l of Ord inances on Secon d Readi ng
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Englewood City Council
February 19, 2008
Page 9
There were no add itiona l items submitted for appro val on second read ing . (See Agenda Item 9 -Consent
Agenda .)
(c) Resolutions and Motions
(i) Direclor Black presented a recommendation from the farks and Recreat ic,n Department
to approve , by motion , a contract for the construction of the Belleview Park Playground and Restroom
Renovation . Staff recommends awarding the contract to the lowest responsible bidder, Arrow-J Landscape &
Des ign , lr.c., in the amount of S777 ,229.90 . He said this is the second major step in implementation of our
Parks Master Plan . which was completed in 2006 and was added as an addendum to the City's Comprehensive
Plan in 2007 . The f1 ;st major project , as I mentioned , was the acquisition of Duncan Park . This is the second
project there . If you noticed in the funding, it has taken a couple of years to accumulate enough funds through
Open Space and also 1.hrough a grant from Arapa hoe County , in order to do this project. This project will occur
at the southeast portir,n of Belleview Park . It will replace the existing shelte r. It will replace and upgrade two of
the playgroun d locations . It will relocate the basketball court and we will replace the existing rest room . We feel
that this will be a major im provement to Belleview Park . The project will be gin immed iately and will be
completed by May 23~ ... Memorial Day weekend . As you know, Belleview Park is a heavily used park in our
inve ntory and we felt it was essential that we have this project completed before the summer seaso n started ,
because of the park shelter rentals and the heavy use of the oark. He said I will be happy to answer any
questions that you might have .
Council Membsr Mccaslin said what is the penalty if they are not completed by May 23~? Director Bla ck said
we have a clause in there that they pay liqu idated damages of S750 .00 a day , if the project is not completed by
May 23~. Mr. McCcslin said is that even if it is beyond the ir control? Mr. Bla ck said the Publ ic Works
• Department will be overseeing the project end there is consideration given to extreme weather conditions .
Mayor Woodward asked if them were any other questions . There were none .
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO
APPROVE AGENDA ITEM 11 (c) (I) -A CONTII •er WITH ARRUW-J LANDSCAPE & DESIGN , INC . FOR
THE CONSTRUCTION OF THE BELLEVIEW i'ARK PLAYGROUND AND RESTROOM RENOVATION IN
THE AMOUNT OF $777,229.90 .
Mayor Woodward asked if there was any discussion .
Mayor Woodward said I j ust wanted to mention that when we first saw th is at a Parks and Rec Commiss ion
meeting months ago . there was a question as to whether we woulc be able to do the restroom now or if it would
happen in ph3 ses . I am real pleas~d to see that all of this is being done at one time .
Director Black said we were very del ighted that it could be included in th e first ph ; ,se .
Mayor Woodward asked if there was any other discussion .
Council Member Moore sai d is It go ing to ba big ger than the last restroom we had down ther e? Di rector Black
said yes .
Vote results :
Motion carried .
Ayes : Council Members Penn , McCsslin , Moore , Woodward , Jefferson ,
Wilson , Oakley
i,,ays : None
• Direc tor Bla ck said lhank you very muc h.
:ii) F.;ecommendation from ·1 .e Englewood Water and Sewer Bo ard and the Util iti es
Englewood City Coun cil
. ebruary 19 , 2008
Page 10
Departmen l lo approve , by Mol io n, lhe Change Order lo Reslrucl ion Corp . for 12 addll ion al roof tendons in lhe
amount of $75,000.00
Mayor Woodward staled st aff has requested Agenda Item 11 c (ii) be pulled from the Agenda .
(iii) Director Fonda presented a recomme nda tion from the Englewood Water and Sewer
Board and the Utilities Department to approve , by motio n, a services bid for the Allen Water Filtration Plant
res iduals removal and disposal. Staff recommends award ing the bid to the lowest acceptable bidder, Allied
Waste , in the amount of $108 ,775 .00. He said alum sludge at the Plant contains very low levels of radio activity .
I th ink some exa mples are given there . The State has chosen to re gulate th is to a greal deal , wh ich has caused
us to hav• tn place the material in landfills . Up until now, it looked like it would be very expensive and we would
have to clean harbors , but we ha ve been somewhat battl ing and working with the Stale and they ha ve
allowed "" ,o expand some more landfills . When we received the bids , I think you can see from the tabulation ,
that there Is quite a ra nge ar,d by going to lhe extra bidding , we are down lo about $108,000.00 lo dis pose of
2000 cubic yards . Th e· 2000 cubi c yards represenls prooably a year and a half of pro~uction . The alum sludge
coaguiales lhe ciaJ in lhe river wale · 10d that produces lhe sludge , it separates it and then it goes en to the
fille rs. We ha1 ·, 1,ad the consultant ,neck to make sure that the low bidder will meet all of the requirements o/
the State Hr.Gtth Department and they have so indicated . We would recommen ~ :he low bid wilh Allied Waste in
the amount of $108,775.00 .
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER MOORc SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (Iii)· A SERVICES BID TO ALLIED WASTE FOR THE ALLEN WATER FILTRATION
PLANT RESIDUALS REMOVAL AND DISPOSAL , IN THE AMOUNT OF ~10 8,775.00.
Mayor Woodward asked if there was any discussion . There was none .
Vote re•ulta:
Ayes :
Nays :
Mot ion carried .
12 . General Discussion
(al Mayor's Cho ice
Council Members Penn , Mccaslin , Moore , Woodward , Jefferson ,
Wilson, Oakley
None
(i) Mayi,, Woodward sa id I would like to voice my support for Englewood Unleashed and
waiving the fees for a banner for !heir Chil i Cookoff. I've partic ipated in the last couple of years as a judge, and
both of those ha·,e been very succe ssful. And I think last year was larger than the first year and hopefully th is
year will be larger yet. And I think Engle wood Unleashed has certainly been very responsible by taking care of
Can ine Corral and Jason Park . And in doing these for olher grcups lhal really aren 't connected wilh the Cily , I
would certa inly support somelhing lhat we would have a partnership wilh and th ey are tak ing care of our parks .
MAYOR WOODWARD MOVED, AND C'~UNCIL MEMBER OAKLEY SECONDED, TO APPROVE WAIVING
THE FEES FOR ENGLEWOOD UNLEA ~HED'S BANNER; THE BANNER WILL BE AT THEIR EXPENSE
AND WE WILL HAVE PUBLIC WORKS PUT UP THE BANNER PER THEIR SCHEDULE .
Ma yo r Wood ward asked if there was any discussion .
Council Member Penn sa id wha l is the dale again Kim? Mr . Love replied Salurday , April 12 , 2008 .
Co uncil Member Penn said whal lime is ii? Ms . Brov n sa id 11 lo 2. She said wo uld you lik e lo be a judge?
Council Member Penn repl ie d that I would love to , but I will at a !ra ck meel.
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Englewood City Council
February 19, 2008
Page 11
• C :icil Mem be r Mccaslin sa id I would like to volunteer my wife . There was laugh ter . I also was a first year
judge and I got sick last year , not from the chili . I would li,e to offer our serv ices , but le t me check with the boss
first.
Counc il Member Penn sa id ho w long will the bann er be up , do yoc know ·,
Ma yor Woodward said we will have to work with Publ ic Wo rk s on that . There are limits an d restrictions .
Mr. Love sa id obv io usly we don 't need it up past that weeken d, but if we could gel ii up a month before ..
Ms . Brown said a couple of weeks ...
(C le rk 's note : Mr . Love and Ms Brow., wer& speaking from the audience , so some of their com ments were not
audible .J
Mayor Wo odward said probably not that long . They have restrictions on how long .
Vote results:
Mot ion carried .
Ayes : Council Members Penn , Mccaslin, Moore , Woodward , Jefferson ,
Wilson , Oakley
Nays : Nono
(b) Counc il Members ' Cho ice
(i) Counc il ··•ember Mccasli n sai d I have a brother who works down on 1400 South
• Broadway , and we were talking yesterday , and I guess the City of Denver is improving from Broadway , the
Gates development area , clear to the beg inning of Englewood. I guess they got a government grant and they
are do ing it in 4 block increments . Th ~y·re putting In new medians . The bus inesses are go ing to be charged
$50 .00 per foot. Do you know anyth ing about th is Alan ?
Director White responded I don't.
Council Member Mccaslin said I guess it sounds like they can p;.1 .. aw or pay over 20 years . So , if they are
developing that part of Broadway I'd like :a make sure that we kio1 of keep up wi th that trend and se e if we can
do someth ing , you know, ep ply for grant mone y or whatever we need to do to s ' ·,. are not the 6yesore of
South Broadway . It's something to lo ok into .
(ii) Counc il Member Moore said I need to ra ise an issue tonight , that I'm not really happy
about ra isi ng , but I think it is someth ing that Council needs to address and we can't leave it for staff. When
forme r Council Member Barrent ine left office , she left with a debt that she owed to the City and she 's refus ing to
pay that deb t. So let me give a little bit of backgro und on what the situation is . Council has a specific , formal
written pol icy about our expense accou nts . We get up to $50 .00 per month to cover costs such as postage and,
aga in, other specific cosls that a·e la id out in our po licy . As part of the annual budget proce ss , Council includes
funding for these amounl s. And !~en be ing , of co urse , part of our budget , it then mak es it into the City 's broader
~udget process wh ich goes throuyh the entire public process . Former Coun cil Member Barrent ine exceeded
her allotment. When she left office she was invoiced for the overage . She sa id she wo uld not pay it. She has
not pa id it. She was invo iced aga in and she still did not pay , as least as of tod ay . I can 't speak for former
Council Member Ba rrenline but my understanding is she does not dispute the ov erage . Howev er, she feels she
is entitle d to those excess funds , because she did not avai l herself of other privileges ... maybe she would call it,
such as dinner before the Council meetings for members , which is again something that we provide for in our
budget ,,rece ss. The am ount is not very much . It is only $64 .00 . However , we need to address it. We ha ·,e an
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elec ,ed official who unilal erally appropriated funds without Council app roval and outsid e a! the public process .
Council M,,mber Barren tine consta ntly criti cized the Council that she sat on , for our pub lic ~udget process not
be ing public enough , so she of all people would und erstand that th is type of situation should also be dealt with
publicly . So , I've tried to co ns ider what I thi nk our options are . We coul d, like othe r debts to the City , ha ve a
debl collector go after it. However , reali sti ca lly , the amou nt is too small to pursu e tliat option Jr to waste staff
Englewood City Council
February 19 , 2008
Pag o 12
time , pursu ing such an option . We could have the Finance Director just write th is off as bad debt , however I
th ink that would fail the public process ... and as Council Members , I think we are subjec t to a higher standard
and that would not be the appropriate way for us to deal with taxpayer dollars . So , it is my suggestion th at
Council consider a re solution to appropr iate the funds to cover Council Member Barren t;ne 's shortfall . We 'll be
acknowledging that that debt will lik ely go unpaid , but at least it will make it pub li c and hold her accountable to
the funds that she exceede d outside of the budge t process . So , what I am asking for is either consensus to
have staff draft us up a res olution or if Co unc il has any other options they fe el may deal with th is situation more
effectively . Thank you .
Mayor Woodwar d sai d I would agree that a resolut ion is the most cost effective way of handling this . I don't
th ink tnis is som et~in g that should go th rough a collec tor, in that it would cost more , as John had ment ioned .
would also want :o reiterate that as Counc il members , I do thi nk we have to be held ... and we should be held to
a higher standar d. 'Ind when one Is asking for and discuss ing line item budgets and Council has a line item
budget , in wh ich n,t,r dis:ret io nary funds are a part of ... there is no reaso n, in my oplnion ... there is no way to
justify the over eo::.,i nditure wit hout paying it back . It's not be ing accoun table to the taxpayers cf the City , so I
do support Joh,: ,., , resolution .
c.;ouncil Member Jefferson said can I ask a qc: .. k question about that? So was her violation because sh e spent
too much , she went over the increment for the year or because th e uses were inappropriate?
Council Member Moore re olied I bel ieve the iss ce is on ly that she exceeded the dollar amount.
Counc il Member Jefferson sa id for the annual amount?
Counc il Member Moore said ye s and I'm not awa re that there's any quest ion of the uses that were pushed
through .
Mayor Woodward said I believe it's actually ... I thin k John mentioned that it is $64 .00 , but I think that it is actosa lly
$114 .00 .
Council Member Jefferson said is th is because she used it for the month after she was gone?
Mayor Woodward said it is my understanding that she had spent it before she was off of Counci l. It was bro ught
up at Council that she had over expended her allotment for the whole year and she was here for eleven months
Council Member Jefferson said who contacted her in attempt to collect? Council Member Mor,re stated that
invoices go through the Finance Department , so Frank 's office Issued the invo ices .
Council Member Jeffe rson sa id how long ago was that?
Co uncil Mem ber Moore said the firs t on,, ... I don 't remember if it was 30 or 60 days and then the second , the
follow up , is approa chi ng another 30 . If those facts are incorcect , then Fran~ can clarify .
Director Gryy lewicz said we did invo ic-<, her twice without a response and I believe the total time has been a
couple of mont hs .
Council Membe r Mccaslin sa id I would j ust like to go on record say ing that she obv io usly knew that she
overspent and when she was asked to repay and she just Ignored it , is to me , just unbecoming of an elected
officia l or anyone . Does that mean if my electric ity bill comes can ! get a resolution thro ugh Council to pay it?
I'm be ing fac eIious , but it just bothers me •~at we're he ld to a higher standard and we should ha he ld 10 that and
not make excuses why we don 't have to pay it. And it really bothers me a lo t. Especi al ly now, in th is age , when
we're trying to ,1old people accountabl e to what our sta ndards are.
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Mayor Woodward sa id so the question is, should we move forward wit h the resol ution as recommended by \I
Counci l Member Moore ?
Coun ci l Member Mccaslin said the resolut io n is that we go ahead and pa y it?
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Englewood City Council
February 19, 2008
Page 13
Mayo r Woodward answered that we go ahead and appropr iate the funds to cove r the she, ti all for Council
Member Barrent ine in 2007 .
Council Member Mccaslin said I will vole no on that.
Cou ncil Member Moore sa id ju st to be cle ar though , we are not go ing to be getting the money . At least we
wou ld be subjecting the decision to the publ ic process, even if a~er the fact.
Council Member Mccasli n asked what does that mean , subjecting to the process?
Ccuncil Member Moore said its public information . It will be clear that we are allocating an amount to cover an
over appropriation of funds by a Council member. I'm open lo an alternative , if you have one .
Council Member Penn said I'd be okay •vi th that. I don 't have a problem with that. I agree . Some of us
probably don't even spend ou r $50 .00 allotment.
Mayor Woodward said Joe?
Council Member Jefferson sa id I will agree with the general sentiment of the Council that we need to hold our
elected officials to a high standard . My only concern is ... this is the first time I've heard about it. I'd love to give
her the opportunity to make it right. But , if we do that resolution , we throw that opportunity right out of th e
window, isn 't that correct?
Mayor Woodward sa id no , she wou ld certainly have the time between now and when it came forward . If she
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came in tomorrow or next week , and paid it prior to our next regular Council meeting when that ·esolution could
be approved or disapproved .
Council Member Jefferson said oh I see . I thought you were going to approve it right now .
Council Member Moore said no . Mr . Jefferson said okay , then that sounds like a reasonable way to do it.
Mayor Woodward said JIii ?
Co un cil Member Wilson said I agree . And she 's been notified twice , so she has had time to pay up .
Council Member Moore said there were multiple issues that she was invoiced for. She did repay some of them .
She selectively chose not to repay this amount. This was a conscious decision and she stated as much , lhal
she did not intend to repay this part ic ular amount. She did repay other amounts though , like hea<th ins urance or
whateve r was due , so it is an obj ection to this amount.
Mayor Woodwaro said Wa yne? Does that nod mean yes?
Council Member Clakley said it's the best I can do .
C. ancil Member Moore said I think we 'll work w.th Dan for something that accomplishes the goal and we 'll see it
at a future session .
(Iii) Cou ncil Member Oakley said I reported to you last week that I was called in to give a
depos ition 011 Thurs,fay morning . I went to the lawyer's offi ce In downtown Denver and gave a deposition , under
oath of course , for a;,out two hours . And it was In regards to the Headed West mura l. I choose not to say
anything more about that and I refer ii back to the City Attorney if he would like to make any statements .
• City Attorney Brotzman said sin ce this is in lit ig atio, and since the last time we had this conversation , the
defe nse attorn ey receiv ed a cop y of ou r tape , I think I'll pass on that opportun ity .
Englewood City Council
February 19 , 2008
Page 14
(iv) Council Member Jefferson said I wanl to lha nk everyone for lhe ir efforts wilh
Eng lewood Un leashed . it's a great opport uni ty for the public and pr iv ate se clor lo sort of work in conjunction lo
allow for some add itional fund ing for services to our corr-munil y. I think it rocks . That's all I have . Th ank yo u.
13. City Manager's Report
(a) City Manager Sears said I just have a reminde r that nex t Monday night we will be hav ing a
cere mon y inducting th e nuw fire chief and the ne w pol ice chief. Th e &eparati on of the departments will be
effective on Monday and I'm exc ited about the se departments mov ing forward . I really th ink both Tom and Mik e
have done an ot•tstanding job and I thin k it's really po s:hve for the City . So th at's com ing up next week .
Ma yor Woodward sai d can I ask yo u ... tha t part will be at a Special Me c:i11g in thi s roo m?
Ci ty Manager Sears sai d that's correct. A Special Me eting , then we will go into the Study Sess ion
(b) City Mar.age r Sears sa id I know we a;e going to ta lk about secu rity and I don 't kn ow if yo u want
to do tha t in here or ne xt door ? I don 't krow ,f yo u want to do the me eting lo go Into that in a study sess ion or
kee p ii a publ ic meeting .
Council Member Moore said lets cont inue the Stu dy Sess ion al ,he end of th is meet ing .
City Manager Sears sa id okay .
(c) City Manager Sears sa id I hate to brin g th is back up aga in from ton ight's meeting , but in sp ite of
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what Richard Poole said, I read th rou gh the CML letler from Sam Mamet , wh ich we got last yea r, but again th is
is for the sess ion with Senator Allard and Senator Salazar. Sa m Mamet said because or lim ited space we can
comfortably se al 60 offic ials , therefore, we ha ve room for no more than two representatives per mun icipa lity . •
Th is will be on a fi rs t come , fir st serve basis. And my concern is we will go ahead and contin ue lo try to petition
them , especially with the youth next year . I would rea lly ask Council if you could al least ha ve two
representatives , so I could get those names in tom orrow so we don 't lose that opportun ity. I know other
Councils are calling wit h names and I would hate to see us lose our seating . So I've asked Council lo consider
two and I'll work through this with Sam I know Richard Poole sa id "hey we want all of you to come", so I'll try to
put you in there , bu t right now we just want to rnake sure that we at lea ~t subm it two naraes
14. City Attorney's Report
City Attorn ey Brotzman did not have any matters lo bring before Council .
15. Adjournm en t
DWARD MOVED TO ADJOURN . Th e mee ting adjourned al 8:45 p.m.
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