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HomeMy WebLinkAbout2008-07-21 (Regular) Meeting Minutes• • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY , COLORADO Regular Session July 21, 2008 The regular meeling of lhe Englewo od City Coun ci l was called to order by Mayor Woodward at 7:44 p.m. 2. Invocation The invocation was given by Council Member Mccaslin. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin . 4. Roll Call Present: Absent: A quorum was presen ' Council Members Jefferson , Moore , Oakley , Mccaslin, Wilson , Woodward Council Member Penn Also present: City Manager Sears City Attorney Brr tzman Deputy City Manager Flaherty City Clerk Ell is Deputy City Clerk Bush Director Gryglewicz , Finance and Admin istrativ e Services Director Fonda , Util ities Director Black , Parks and Recreatio n Director White , Community Developmenl Hous ing Finance Specialisl Grimmett , Commun ity Development Senior Planner Langon , Commun ity Development Senior Planner Graham , Community Development Engineering/Capital Projects Administrator Henderson , Publ ic Works Police Ch ief Vandermee Fire Chief Pattarozzi Officer Christensen, F-olice Department Officer Hoehler , PolicH Department lnvesligalor Medina , Poli ce Department Officer Milchell , Pol ice De,,a,lment Poli ce Commander Walson Poli ce Commander San chez 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER MOORE SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 7, 2008 , • Mayor Woodward said I have one modification, on page 6, 10" line up from the bottom of the page . The line starts with "you a message " .... there should be a period there and the next sentence shou ld start .. ."On Monday morn ing at 5 a.m., yo ur contracto r .. :. Vote results on approval of the minutes as amended : Englewood City Council July 21 , 2008 Page 2 Ayes : Na ys : Abstain : Absent · Mot io n carried . Council Members Mcc asl in, ~ . .:io re , Woodward , Jefferson , Wilso n None Council Membe r Oakle y Council Member Penn 6. Recognition of Scheduled Public Comment (a) May0r Woodward said Englewood Chief of Police Thoma s E. Vandermee will present the Meritorious Service Awards to Investigator Jason Med ina from the Colorado Oepartment of Revenue and to Officer She rri Christensen and Officer John Hoehle r from the Engle ,voo d Pol ice Department for thei r quick thin ki ng an:l the life -saving mea su res they took when respond ing to a traffic acc ident in la te Ma y. Ch ief Vandermee sa id good evening Mayor Woodward and membe rs of Council. Ton igh t is an opportun ity that I think j ust about any supervisor , manage r or director truly looks forward to and that is the opportunity to recognize some of our employees and also recognize a member of our community . The men and women of the Englewood Police Department do outstanding work on a daily bas is and ii is no t un co mmon for them to beco me involved in activit ies or engage in activit ies that , under normal circumstances. one might look al and thin k that they were truly extraordinary . We kind of , inside the department , look at those as bus iness , that is just what we do . But occasionally officers engage in activ ities that go well beyond what eve n we expect to be normal , or what we accept as normal. So , ton ig ht I have the opportunity to recogn ize several of our officers and , like I said, a member of the commun ity . At this po int , I would al so like to introduce members in the audience from the Colorado Department of Revenue , the Liquor Enforcement Divisio n. Mr . Tim Peterson , who is the Chief of Investigat ions . Don Pa ce who is the Denver Superv is or and Laura Ha rris who is the Director of the Liquor Enforcement Divisio n for the Colorado Department of Revenue . Thank you . I would like , at th is time , to ask • Englewood Police Officers Sherri Christensen and John Hoehler to come forward please . and also Investigator • Jason Med ina of the Colorado Department of Revenue . I v· ,uld like to read a citation that has been prepared for eact. of these deserving officers . ·on May 29, 2008 , Englewood Police Officers Sherri Chr is tensen and John Hoehler responded to a four car traffic accid ent on Highway 285 and South Cherokee Street. Upon arriving at the scene , the officers discovered that one of the dr ivers was unconscious and unresponsive ... no pulse could be located and the victim was not breathing . Tne driver was pulled from I ,is pickup truck and was rece iving CPR from Officer Jason Med ina , an invest ig ator with the St~le of Colorado , who had witnessed the acc ident. Officers Christensen and Hoehler took over the CPR efforts from Investigat e; Medina and contir .ued to attempt to rev ive the victim until fire med ics arrived . When fire personnel arrived , advanced life saving measures were ap,!;eJ . The victim later fully recovered and was released from the hos pita l several aays later. It was determined that this driver had suffered a heart attack and had lost consciousness while drrv ;na . The doctors at Swedish Medical Center and the Englewood Paramed ics have offered opinions that without the qu ick thinking and efforts of all three officers , it is quite likely that the victi m would have die d. For their exemplary ski ll and professionalism, Officer Sherri Christensen , Officer Jnhn Hoeh ler and Invest ig ator Jason Med ina are hereby presented wrth the Englewood Po lice Depart ments ' ~leritorious Serv ice Award .· There was applause . Mayor Woodward said congratulat ions and tha nk you for your service . (b) Mayor Woodward said En g!awood Chief of Police Tho mas Vandermee will recognize Officer Tim Mitche ll for his years of service with the Department by presenting him with the [1 istlnguish Service Medal. Ch ief Vandermee said this is qu ite a night for us and , again , recognizing an employee is always a thri ll and one of the benefits of having th is pos ition . Tonight we are recognizing Tim Mitchell and again I will read th<> citation and then afterwards I will introduce a member of the Englewood School Dis trict who would also like to take a moment and sa y something . He asked Officer Mitchell to come forward . "Tim Mitc hell began his , .areer with the Eng lewood Police Department on June 16 , 1980. From th e moment he was selected as a police officer, Timothy Mitchell has served the City of Englewood with the highest possible level of professional ism and ded ication . Timothy has rece iv ed two Police Serv ice medals and over 50 commendations and citations from organizations such as the Englewood School District . the Jefferson County School Distri ct. the South Metro Drug Tas k Force and KMGH Tele vision . He has been recognizej throughout law enforcement and public education com mun ities for his commitment and dedication to youth in th is community . He served in an offic ial capac ity as a teacher of drug awareness and res istanc e education to all elementary schools in the Englewood • • • Englewood City Council July 21 , 2008 Page 3 comm:..inity for a number of years . He has given countless hours of hti:, 0wn time cor..iching man y of the Englewood youth in both baseball and football. Since his offic ial retiremen i es a pol ice offi cer ie September 2000 , Office r Mitchell has served as one of the Pol ice Depanment's School Re~ource Officers . In that role , he continu ed to serve as a leader , a confidante , an inspirat ion to countless Englewood children and young •aults. For his susta ined and exceptional contribution lo the citizens of Englewood and the youth of our communit y, ·,im Mitchell is he reby presented the Dist inguished Serv ice Medal ." There was applause . Chief Vandermee said at this time I would like to introduce Peg LaPlante from the School Distric t who would like to say a few words about Tim as well . Ms . LaPlante sa id Officer Mitchell has been worki ng ;n our schools for many , many years . I've asked people , how long has Office Mitchell been around? Beca us,· · ·s ~een here about five years ... and nobody could tell me , but mar,;, many years . Englewood Schools anti ~Jr Englewood families have truly benefited by his presence here in our r-chools . This man genuinely cares about Englewood kids . He is a great fam ily man himself and you ca n •'lserve how this caring father translated tl;ose qualities to have a positive influence on ou r stud ents . I have observed him in our middle schools working with the stu de nts and staff. His professional de 11eanor coupled with his great sense of humor , is fascinat ing to watch in action . I am sure that Ken Bostdorff, Mandy Braun , Liz Breed and Michell Ansley could tell you hundreds of stories of th e great wo rk he has done for our stLdents and families . I'm told that he really enjoyed Shop with a Co~ so that he cou ld tak e kids out to shop IP{ gifts for their parents . He carried a sense of humor beyond working with the students . He is knuwn as a bi! of a prankster around Englewood Schools . One April Fools Day he put hand sanitizer on the ear pieces of school staff phones and called them up so that he could watch their react ion . Secretaries had to keep th eir lunches under lock and key because he would hide them and then play hot and cold until they could find them . When we opened up Flood Middle School for the SWAT team to train , he recently played the bad guy and our OMT Superv isor David Henderson , enjoyed watch ing him playing around with the hostage negotiators . David sa id that is the most fun he has ever had at work . We will miss you Tim , at the school . You are a great help to the ki'1s , you are a great SR O and a great friend . There was applause . Mayor Woo 1ward said thank you , Officer Mitch ell fo r your serv ice and all the years of serv ice to all the youth in Englewood . He said thank you Tom . (c) Mayor Wood ward said Matt Casebolt , from the law firm of Rumler, Tarbox , Lyden , will address Council rega rd ing a subdivisio n matter recentl ~ con sidered by the Board of Adjustment and Appeals . Mr. Casebolt said ho norable City Council memb ers and Mayor Woodward . Why am I here tonight? I would li ke lo begin a dial ogue with the City Counc il , more importan tly with the City of Englewood . Secondly , to utte rly exhaust City remedies , without reso~;ng to the courts , v:n ere we •,viii have to go shortly if we can 't find common ground . And third , because the Bo· ·1 Adjustment a11d Appea ls sa id I should come here . So , the story that I have to tell ton ight begins bac k in 2,c·., !lie City {;ouncil Study Sess lon ... after hearing various testimony ... directed the City Departm an, of Commun ity Develop ment to create a pol icy which would allow for the subdivisi on of lots , even if they didn ", trictly co nform with the 50 foot width requ ire ment. The Ci ty Coun ci l said that as long as it is within 5%. we a , · ning to give the City Manager or his designee , the aulhority 10 grant subd ivi sions . My client , Co lorado Custorn Construction , through its agent , Mr. Bill Curnow , fou nd a piece of la nd on South Ogden St,eet. They sa id lo themselves , well !his fits within that policy . Let's go to the City department ... the Commun ity Development Department... and ask th em if they can subdi vide it. So , they went and the department said yes you can subd ivide it and we can help you do it. In reliance thereon . my cl ient , in fact, purchased that lot and then came back to the City departm ent and subm itted an appl ication for subdiv ision, wh it., was subsequently granted by the departm ent. My client then con veyed one -half of that lot to a nice coe ple , the Borchardts , who th en commen ce d to ·m nt to build a hom e on that. Well , unfortunately , the decision of the department was appealed by some one ir. the community . Now our pos iti on is , of cou•se , that the pe rson who made the appeal didn 't hav ~ ;tan ding to do so , but nevertheless the BOAA ... the Board of Adjt1stme11t and Appeal. .. heard the appeal and overturned the subdiv ision . Remarkably , the decision of the BOAA found th is • Council's delegation of authority , to your agen t, illegal and then overturned the subd ivision . I was there and I asked them to reconsider th is matter. .. tho moti on to reconsider two weeks ago . I was told that my rel ief was in a different forum , sc I am here ton igh t. What is the harrn ... what is the result ... ofwhat ha s happened ? My clie n has incurred hundreds of th ousand s of dollars In liability . He is going to be sued by the Borchardls ... ne Is going to be sued by the title co mpany that insu red the transfer of title and , as a cond ition of th e subdiv ision . the City Englewood City Council July 21 , 2008 Pa~• 4 requ ired my clien t to des troy a home that was In existence on th e lot. We can 't get that home back . So , esse nt ially , wha t we would lik e to do ton ight, is figure out why isn 't th e City tal ki ng to us? Wou ld an y of the Council ... Mr . Brotzman wo uld you care to comme nt on why we are not engaged in a constructive dialog ue? Ci ty Attorney Brotzman said Mr . Casebolt righ t now is your opportun ity ta present to Counc il. So , with that , yo ur que stions ... we 'll treat as rhetorical , otherwise , continue with your present at ion . Mr. Casebolt sa id, yes sir. The requested rel ief that we are here to reques t ton ight is one of two th ings . We would like City Counc il to direct its Counc il or Cou 11cil's des ignated agent to engage with us and authorize some kind of a settlement here , becaus e it is as absolute tragedy . And , rry cl ient has done everyth ing in reliance ... removed asbestcs , destroyed a home , gotten the survey ... these are real costs . Right now , we are hav ing a hard til!'e getting through ... I th ink the last commun ication we receive d, was that notice wasn 't suffic ient. We sent a demand letter and la id out the facts , as I have just la id them out to you , and the res ponse was ... no t...your fa cts are wrong ... but rather , you haven 't given not ice . Wel l okay , then we went ahead and we had to file a co mpla int in Arapahoe County District Court , which we would have preferred no t 10 do al all . And the response was ... you haven 't complied with not ice. So , we then went and we sent our Colorado Go ve rnmental Immunity Act noti ces and st ill no response . So , we would like City Counc il to direct the Attorney 's office or outside couns el, whoever is handl ing th is, to engage with us in \erms of finding common ground here , because we want to settle this . Or , In the alternative , we respectfully ret;uest the City Council giv e · ·s the subdiv isio n, because we have relied on everythi ng ... we have rei led on th e decisions and we have ,,.ken the actions that we tiav<. been asked to take by the department. Those remarks conclude my presentat ion before En g!awood City Council tonight. He sa id can I answer any questions of anyone present ? ~ayer Woodward said I th in k we have the information . Thank you . 7. Recognition of Unscheduled Public Comment (a) Jerry Na ve, an Englewcod resident , said abo ut a month ago I came before all you people rig h\ here and had a complaint ab~ut the bird no ises comirg frorn the Shell Stat ion right in bac k of my house . They found out that the peopl e at the gas sta tio n assured me that it was birds in my trees ... which there weren 't birds in my trees ... because of a recording message from the gas s:at ,on to kc~p the pigeons away from the gas station . Because I knew the m, I did approach Councilman Penn and Councilman Mccaslin, and they suggested that I come here and talk to you . I want to thank Po lice Chief Vandermee , Randy , Bob and the lady and gentle men at the table up here for th e ac\ion that stopped the birus from making noises and keeping me awake ~4 hours a day , 7 days a week for 4 years . Sergeant Contos from Code Enforcement r,ame , ile :iste ned to the birds in my fron t yard and my backyard , in the house , in the ilasement , at the dor,, oi King Soopers , across th<. street and went over and II;. 'd them that you know, they aren't birds , they Jon '! ccme dnd go , they stay there da y in and day out and he gave them ample opportunity to get the birds turned off. They turned off the bird noise s and they also turned off th e songs that were play ing on the gas stat ion islands , wh ich went on 24 hours a day . So , I would like to thank every body up here and like I said , Pol ice Chief Vandermee , Sergeant Contos and Mr. Hoagland who did call me and asked if the birds were st ill making no ises . So, I hava nothi ng more to say . I wa nt to thank everybody up here for the actions that they took . It means a lot . Thank you . l~a yor Woodward ,;aid thank you . (b) Matthew Crab tree , an Engle woo d res ide nt , said goo d eveni ng Coun cil. I am before you th is even ing in response to the comments made by Councilman Mccaslin dur ing the last Council meet ing on July 7". These comments were regarding a commun ity group that meets in this City , by the name of the ECOG . For those of you that do not know I would like to introduce myself to all al you as the cha irman and or( ,,nizer of that commun ity group . Our grnu,, ECOG , Englewo od Citizens for Open Government , is a group of citizens that are Involved in the community and as citizens we bel if.v e we have the right to know abou t issues before the City and Counc il. I find the staternents that Mr. Mccaslin made du ri ng this last Counc il meeting , partic ularly the • • statement "I arr conc ,,rn ed about th e direct io n of this group", to be out of line . Attacking any peaceful group ·s • in error to ou r ba si c rights as citizens . Th ere is no nsed for us to justify be ing invol ve d in the commun ity and there is no need for us to just ify attend ing a meeting that is legally open to th e public under the open me etings law , wh ich is also known as the Sunsh ine Law. I would also like to make it cle ar that I approached Mr. Mccas li n after tha t Courd l meet ing on the i 11 , in a very po lite and respectful manner , to prov ide him with ~ response to • Englewood City Council July 21 , 2008 Page 5 his comments that were very clearly direc ted to me . He then responded, in a very angry ar,d rude manner, that "he does no • like me, he does not want 1, talk to me , he does not like the issues I support, and he has no reason to discuss an /thing w ith me". He then s,a mmed the door behind him. This seems lo contradict his request earlier in that evening for an invitation lo th is group and for more information about the group. Councilman Mccaslin, I am open and ready to talk with you , just as I was the nig ht after the meeting . And if you 're still concerned abou t the direction of our group, may I remind you those citizens have the right in this City and th roughout this country , to meet and discuss any topic they feel , including iss ues and concerns about the ir local government. Thank you . Maver Woodward said thank you . 8. Communications, Proclamations and Appointments (a) A letter from Lester Myers indicating his resignaiion from the Planning and Zoning Comm ission was cons ide red . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER '' ,LIN SECONDED, TO ACCEPT THE RESIGNATION OF LESTER MYERS FROM THE PLANNIN(; '"'" ZOMING COMMISSION. Mayor Woodward asked if there were any comments or discussion. There were none. Vote results : Ayes : Nays: Absent: Council Members Mccaslin, Moore, Woodward , Jefferson, Wilson , Oakley None Council Member Penn • Moti on carried . 9. Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER Wk "r::; :;ECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (II), (Iii), (Iv), (v), (vi), (vii), 9 (b) 11), (ii), (Ill), (Iv) and 9 (c) (I). (a) Approval of Or;jlnances on First Re a:iing (i) COUNCIL BILI. NO . 22, INTRODUCED BY COUNCIL MEMBER Ml)ORE A BILL FOR At,/ ORDINANCE AMENDING TITLE 12, CH APTER 2, SECTION 4, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , ENTITLED "PRIVATE SEWERS , CON NECTIONS AN O REPAIR S". (ii) COUNCIL BILL NO . 25 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE EN'\BLING THE CITY MANAGER OR HIS DESIGNEE , TO RENEW ANO PA Y THE CITY'S PORTION FOR AN INTERGOVERNMENTAL AGR EEMENT ENTITLED "THE SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM , INC ." (SPWR AP ) FOR THREE ONE-YEAR INCREMENTS. (iii) COUNCIL BILL NO. 31 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE RELEASF OF RIGHT TO MAINTAIN A SEWER LINE AT RIVERPOINT AT SHERIDAN . (iv) COUNCIL BILL NO . 32 , INTRODUCED BY COUNCIL MEMBER MOORE • A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 163 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LANO WITHIN THE DISTRICT BOUNDARIES. (v) COUNCI L BILL NO . 46 INTRODUCED BY COUNC IL MEMBE R MOORE Englewood Cit ' Council July 21 , 2008 Page 6 A BILL FOR AN ORDiNANCE APPROVING SUPPLEMENT NO . 1 TO THE CITY OF CHERRY HILLS VILLAGE CONNECTOR 'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTR l'.:T BOUNDARIES . (v i) COUNCIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING AN INTER GOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE FOR THE ARAPAHOE/DOUGLAS CAREER AND TECHNICAL SCHOOL (ACTS) AND THE r.lTY OF ENGLEWOOD PERTAl :~ING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2397 WES T HARVARD AVENUE , ENGLEWOOD . COLORADO . (vi i) COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGRE EMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY , COLORADO , BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER. NIID THE CITY OF ENGLEWOOD . COLORADO , TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 4 , 2008. (b ) Approval of Ordinances on Second Reading (i) ORDlt:ANCE NO . 33, SERIES OF 2008 (COU NCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "MEMORANDUM OF AGREEMENT FOR THE LOCAL JU RISDICTION REGULATION OF CIJNVEYANCES • PURSUANT TO THE ELEVATOR AND ESCALATOR CERTIFICATION ACT TITLE 9, AP.TICLES 5.5, • COLORADO RF.VISED STATUTES " BETWEEN THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT , DIVISION OF OIL AND PUBLIC SAFETY ("OPS ") AND THE CITY OF ENGLEWOOD . COLORADO . (ii) ORDINANCE NO . 34 , SERIES OF 2008 (COUNCIL BILL NO . 40, INTRODUCED BY COUNCIL MEMBER MOORE ) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "COLORADO 'S NORTH CENTRAL ALL-HAZARDS REGION HEALTH AND MEDICAL MEMORANDUM OF UNDERSTANDING " (MOU) BETWEEN THE PARTICIPATING HOSPITALS LOC ATED IN THE TEN -COUN TY METROPOLITAN AREA . KNOWN AS THE COLORADO ALL-HAZARDS NORTH CENTRAL REGION ("NCR "). THE STATE AND LOCAL HEALTH DEPARTMENTS , THE 460'" MEDICAL GROUP (460 MDG) LOCATED AT BUCKLEY AIR FORCE BASE , AND THE LOCAL OFFICES OF EMERGENCY MANAGEMENT AND THE CITY OF ENGLEWOOD , COLORADO . (ii i) ORDINANCE NO . 35, SERIES OF 2008 (COUNCIL BILL NO . 41 , INTRODUCED BY COUNCIL MEMBER MOORE ) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF GRANT ENTITLED "STATE OF COLORADO DEPARTMENT OF LOC AL AFFAIRS EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT (EMPG) WITH THE CITY OF ENGLEWOOD ". (iv) ORDI NANCE NO . 36 , SERIES OF 2008 (COUNCIL BILL NO . 42, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTION 6, SUBSECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE NONEMERGENCY EMPLOYEE RETIREMENT PLAN (NERP ). (c) Re solut ions and Motions • • Englewood City Council July 21 , 2008 Page 7 (i) RE SOLUTION NO . 67 . SERIES OF 2008 A RESOLUTION ESTABLISHING ANNUAL ART GALLER Y PERMIT FEES FOR THE CITY OF EN GLEWO OD. Vote results: Ayes : Na ys: Absen t: Motion carried . 10. Public Hearing Items Coun cil Members Mccas lin, Moore , Wo odward , Je fferson , Wilson , Oa kley No ne Council Member Penn No publ ic hearing was schedu led before Coun ci l. 11 . Ordinances, Resolution and Motion• (a) Approval or Ordinances on First Reading (i ) Director Wh ite presented a recommendation from the Commun ity Development Department to adopt a Bill for an Ord inan ce amend ing Title 11 -3-4 of the Englewood Mun ici pal Cod e perta ining to encroachments into the right-of-way . He sa id at the Study Session on June 23 " you directed staff to bring forward an ordinance that would allow for encroachments into the right-of-way for the purpose o f providing street furniture within the right-of-way . This grew out of a request and was presented to the City staff by members of the business community , who wanted to establish outdoor setting areas within the right-of-way . Current regulation s perm it enc roachm ents for fences , awn ings , canop ies and marquees through issuance of an • encroachment permit , but it doesn 't spec if>cally talk about street furniture and , in part icular, outdoor seating . So , what we have had to do is present to City Council an ordinance that amends the current Code section . And , that is what the proposed Counc il Bill before you ton ight does . It aliows street furniture to be placed in the right- of-way under a revocable perm it, whi ch is essent ially a license agreement with either a tenant or an owner of • that property. It author izes staff to approve that license agreement and it also authorizes the City Manager or his des ignee to promulgate rules and regulat ions for pla cement of that street furniture . Prior to the regular meeting ton ight , we discussed these rul es and regulations at the Study Sess ion . We will be fi nalizing thos e in the very near future . With that , I will conclude my presen tat io n by say ing that staff recommends Council approve th is on first read ing . COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, ·o APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO . 43 . COUN CIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER WI LSOM A BILL FO R AN ORDIN ANCE AMENDING TITLE 11 , CHAPTER 3, ~··cTIOI~ 4, OF THE ENGL EWOOD MUNICIP AL CODE 2000 PERTAINING TO PERMITS FOR STREE', FUF<NITURE IN THE PUBLIC RIGHT -OF- WAY. Mayor Woodward asked if there was any discu ssion . Mayor Woodwa rd corre cted the S'h Whereas to re~d : ·s outh Broa dway Bu siness Im provement District". That is th eir co rrect name . Mayor Woodward asked if there wer e any oth er co mments . There we re non e. Vote results : Aye s: Nays : Abse nt: Motion carrie d. Coun ci l Members Mccasli n, Moore , Woodward , Jeff erson . Wilson, Oa kl ey None Council Member Penn Englewood City Council July 21, 2008 Page 8 Direclor Wh ite said lhank you . (i i) Senior Planner Graham presented a recommendation from the Community De velopment Department to adopt a Bill for an Ordinance authori zing the South Platte Greenway Legacy Proisct Partners Agreement. He said I am here before you to ask th e Cou r :Ii to support an ordinance to enter into an Intergovernmental Agreement with the South Platte Working Group participants that were awarded a Great Outdoors Colorado g rant for enhancing the Platte River Corridor. A little bit of backg·ound ... Englewood has participated in the South Platte Work ing Group since September of 2006 when Arapahoe County formed the Group comprised , basically, of the cities and towns and some interest groups that share the Corridor. After, approximately, a year of working through common interests on that Group. we initiated an application for a Great Outdoors Colorado Grant to help fund some of the projects that were submitted in June of 2007 . In December of last year, GOCO awarded 75% of the reques ted amount, which comes to 5.25 million dollars spread over a variety of projects , but priman iy 'ocused on acquisitions within the Corridor. The projects that Englewood submitted , some of them have already been completed , and they are important to the Group because they comprise a lot of the leverage of resources that the Grant depends on . The Oxbow Project, the Dartmouth and Oxfo rd bridges have already been funded and collectively those represent more than 2 mill ion dollars worth of funding for Open Space projects that helps to leverage the GOCO Grant . In add ition to those , there are projects that will be considered by Council in the Capital Project Budget later this fall. Th is does not commit you to the Capital Project Budget, the Grant has the flexibility of understanding that you have to appropri ate money on an annual basis for any project. And so , what you are committing lo is to continue cooperation with the Group as they spend the ne xt three years implementing projects in the Great Outdoors Colorado Grant. As those opportunities for funding come forward , Council will have the choice at that time to appropriate or not appropriate money for the selected proj ects . We are as ki ng for Council's support. We are among many cities who have already endorsed the agreement and this will help the City achieve the imple mentation of the South Platte River Open Space Plan . • COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE • AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO , 50 , COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMEN r REGARDING THE 2007 GRANT OF GREAT OUTDOORS COLORADO BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE ; SOUTH SUBURBAN PARK ~.;~D RE CREATION DISTRICT; THE CITY OF LITTLETON, GREENWOOD VILLAGE , CHERRY HILLS VILLAGE , THE CITY OF SHERID AN; THE CITY OF CENTENNIAL; THE SOUTH METRO LAND CONSERVANCY; THE SOUTH SUBURBAN PARKS FOUNDATION; THE COLORADO WATER CONSERVATION BOARD; THE URBAN DRIIINAGE AND FLOOD CONTROL DISTRICT; THE TRUST FOR PUBLIC LAND , AND THE CITY OF ENGLEWOOD , COLORADO ENTITLED "SOUTH PLATTE GREENWAY LEGACY PROJECT -PARTNERS AGREEMENT". Mayor Woodward asked if there was an y discussion . Mayor Woodward sa id I j ust want to re iterate that th is is the informa tion that I brought forward at the end of th e Stud y Session last week and th is agreement with the County is specifically subj ect to an annual appropriation by the Partners and the obligations of the Pa rt ners shall not constitute the multiple fi scal year direct or ind irect debt or other financial obi' Jatioo payable in any fiscal year beyond , beyond the fiscal year for which funds are appropriated for the p ayment of current year expenditu res . So , as Mark mentioned th ere are a number of items here that we have already seen the benefit and are work ing on the benefit. .. that is Oxbow and th e two pedestrian bridges at Dartmouth and at Oxford. Mayor W oodward asked if there were any other comments. There were none. Vote results: Ayes : Nays: Absent: Council Members Mccaslin, Moore, Woodward , Jefferson , Wilson , Oakley None Council Mem ber Penn • • Englewood City Council July 21 , 2008 Page 9 Motion carried . "1ayor Wocdwaru said thank y~ll Mark . (b) Approval of Ordinances on Second Reading (i) Co,,n:il Bill No . 3'. author izing an amendment to Tille 16 of the Englewood Municipal Code : Unifi ed O•velopm~n t Code Amondments pertain ing to Mult i-Unit Development Standards was consldPred . COUNCIL MEMBER McC/..SLIN MOVEO, ANO COUNCIL MEMBER OAKLEY SECONDED, TO APPRC',VE AGENDA ITEM 11 (b) (1 1 -ORDINANCE NO . 37, SERIES OF 2008 . ORDINANCE NO . 37 , SEk 'ES OF 2008 (COUNCIL BILL NO . 37 , INTRODUCED BY COUNCIL ME~IBER McCASLIN) AN ORDINANCE AMENDING TITLE 16 , CHAPTERS 2, 3, 5, 6, 8, 9 AND 11 , OF THE UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE MINIMUM LOT WIDTH FOR TWO OR MORE ATTACHED UNITS ON A SINGLE PROPERTY AT TWENTY-FIVE FEET (25 ') PE R UNIT . Mayor Woodward asked if there was any discussion . There was none . Vote result■: Ayes : Nays : • Absent: Motion ca rried . Council Members Mccaslin , Mocre , Woodward , Jefferson , Wilson , Oakley None Council Member Penn (ii) Ms;orWoodward said Council Bill No . 44 , approving the purchase and sale of two Colorado Department of Transportat ion surplus properties located along South Santa Fe Drive by the City of Englewood for a proposed redevelopment . wa s pulled by staff, so it ~ 1abled for tonight. COUNCIL BILL NO . 44 WAS PULLED . (c) Reso lutions and Motions (i) Senior Planner Graham presented a recommendation fro m the Community Developm ent Departm ent to adopt a resolut ion authorizing ass ignment of Englewood 's 2008 Pri vate Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home owners hip programs . He said the item before you is an annual ass ignment and allocation for Priva te Activity Bond Cap . The Private Activity Bon d Cap has been ass igned to the Colorado Housing Finance Authority since 2000 . They , in turn, float bonds , ge nerate dc.llars for mortgages and serve Englewood clients . They help provide information back to us and they are providing several !imes the amount of mortgage as si stance that we are prov iding in the Bond Cap . That in form atio n was prov ided to Counc il at a Stud y Sess ion ear lie r this month . So , the request is to authorize the ass ignment fo r the 2008 Bond Ca p in the amount of more tha n 1.3 mill ion dollars, all of the Bond Cap to CH FA for home ownersh ip programs . COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO . 68 , SERIES OF 2008. RESOLUTION NO . 68 , SERIES OF 2008 • A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PR IVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGL :WOOD, ARAPAHOE COUNTY , COLORADO PURSUANT TO THE COLORADO PRI VATE ACTIVITY BOND CEILING ALLOCATION AC T. Englewood City Council July 21, 2008 Page 10 Ma yor Woodward as ke d if lhere was any discussion . Mayor Woodward sa id aga in I jusl want lo mention that last Wednesda y I attended a Colorado Mun icipa l League Workshop on Private Act ivity Bonds and in add ilion to Alan 's informalion that he prov ided us last week , after the meet ing was over , I was approached by a couple people ... one was the Execut ive Director of the Colorado Hous ing and Finance Author ity ... lhat were full of comments and compliments about Janet Grimmett , in your office , and the job that she does . So , I just wan t to pass thal on to yo u, Gary and Alan .. that she 's got a name on lhe State leve l of really knowing how to get lhings done . Mayor Woodward sa id if there are no other comments , please vo te . Vote results: Motion carried . Ayes : Nays : Absent: Counc il Members Mccasli n, Moore , Woodward , Je fferson , Wilson , Oakley None Counc il Member Penn (Ii) Direclor White presented a recommendat ion from th e Commun ity Developmenl Department lo approve , by motion , a contract with Walker Park ing Consultants to prepare a Park ing Management Plan . He said th is is a profess ional serv ices agreement with Walker Parking Consultants, basically lo provide us with two things . Right now in the Unified Developmenl Code we have some park ing standards that are very difficult to work with in urban infill situalions . They were formula led many years ago and wo rk well in a suburban situation , but we don 't have a lot of those situations in the City right now , so what we wa nt th is consultant to do is provide us some alternalives and recommendalions on how we can mod ify our park ing regulalions , so that we can better accommodate infill development. The second part of lheir task is to • provide a downtown parking management study for us . Looking into lhe fulure , we foresee increased • developmenl in the downtown area , which will increase the demand for parking and we need to be prepared in advance of that dev elopme nt happening ... how we manage public parking in the downtown area . So , building upon some previous work they have done for us ... we already have projeclions of the demand for parking, but ho w we manage tt 0 t demand and whether we go to structured park ing , if there is a parking authority or some olher enlity th at provides th is park ing ... we are loo ki ng to them to provide us a range of strateg ies for address ing these issues in the futu re. We did send the requesl for proposal oul and we rec ei ved two answers . Walker Park .. , Consultants was the low bidder on the project and we believe that they can provide the serv ices that we are loo ki ng for , in the amount of $27 ,000 .00 . We do have thal amount budgeted in the Professional Services buqet of Community Development and so no addit ional appropriation is being requested or will be needed lo complete this study . He said at th is time I will answer any questio n you may have . Coun cil Member Jeffe rso n sa id I have one qu ick question . You were saying there were two purposes ... one was to build upon the 2005 downlown parking study , correct, and the olher wa s to do what now exactly? Direc to r Wh ite sa id to look al our parking standards and ... Mr. Jefferson said what does that mean , ou r parki ng standa rds ? Mr. White said when a bus iness comes in depending upon what square footag e lhey have and the number or employees , we go to a chart that says , you must pro vide an X number of spaces . We want to look at those and se e if there are alternatives to the standards we have now. Counc il Member Je fferso n said was lhere anylhing that sort of preempted th is , was lh ere a thought that th ose were too re strict ive for the current business environment or .... ? Mr . Wh ite sa id we have several different regula tions in th e Code th at are difficult for businesses , in an infill situ atio n, to fu ll y comply with . One is park ing, landsc aping is another one , si gnage is another one and we are addres sing tho se as we ca n get to them . We are starting on landsca~ing, as we speak . So , there are a number of deve lopm en t standards t hat we ha l'e that we want to take a look 31. .. parking has rise n to th e top of our list. Mayor Woodward sa id I th ink also , in some cases , as we have disc ussed in previous ye ars , eve n the size of • space s, the actual parking space , is outdated . Th e sp ecificati on s we re writte n at a differe nt time in history when ca rs were much larger than th ey are tod ay . • Englewood City Council July 21 , 2008 Page 11 Council Member Jefferson said how long ago were the standards ... our current standards ... based upon ? How long ago did we rev iew that? Director Wh ite said I am not exactly sure of the history of rev iew , but I believe that some of our current standards are carryovers from when we first adopted zoning and mod ified them clear back in the S0 's and 60 's, so we are still carrying some of those requirements today . Mayor Woodward asked if there were any more quest ions for Alan at th is time , There were none . COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II)· A CONTRACT WITH WALKER PARKING CONSULTANTS TO PREPARE A PARKING MANAGEMENT PLAN , Mayor Woodward asked if there was any further discussion . Council Member Jefferson said I l<n ow that the downtown park ing situatio n has been something that has been on ACE 's agenda for awhile . I'm not crazy about hiring a consultant to do these kinds of things . I don 't know . If we see a decision that we need to make , let's just make them . I don't know ... it is just my thought. I know ACE has expressed their interest in not going the consultant route , but is well to allow them help us with some input on decis io ns like this . I guess $27 ,000 .00 isn't a ton , but I just wanted to say I'm not crazy about having consultants ma ke dec isions for us ... but , maybe this is more complicated or requires more than I realize , as far as our standards . Council Member Oakley said I guess I kind of had a question along those lines too , but since Joe brought it up , it seems a little simpler than that , but it migh t not be . Council Member Wilso n said is It so meth ing that we need immediately or is it just on the li st? Director White • sa id I th ink we are dealing with a situation now ... along properties on Broadway for example . You heard a bit about that last week at the Study Session with the car dealers and accommodating parking on their property . Well , we 've go standards that are on the boo ks now that we ?re trying to apply and it is not only for those types of uses, but office uses and other types of uses . Council Member Jefferson said do we see the solution or are we asking ... l mean. do we know what our choices are and are we trying to get them to pick one for us or don't we even know where ,i go fr om here or are we trying to get them to give us some options? Director White sa id we want them to gi"e us some opt ions and how to deal with lowering our standards or a shared pa rkin g agreement. The two pieces are kind of interwoven . Y~u know if we lower our standards , we may need to be talking about more types of public , or other types of arrangem ents , to supply park ing . So, we need help in figuring out what those options may be . These guys are experts ir. going to cities and figuring out strategies for providing park ing in downtown a:i d urban areas and that is why we wou'd like to hire them to come on board . They won 't be making decisions for us , they will be prov iding a range of options and recom mendations for us to consider. Part of their scope is also to present these ideas to Urban Renewal and to City Co uncil , so these are not going to ue done in a vacuum . Mr . Jefferson said I'm sorry ... who and Council? Mr. White said the Urban Renewal Authority . Mayor Woodward sa id I would just like to mention too that , coming from the c0mmercial real estate world and specific offi ce and re tai l leasing , that the standards , for exampl e, in central business district of Denver , are totally different than the sta ndards in mid -town ... 8 blocks away , wh ich are totally different than Cherry Creek , South Colorado Boulevard and the Denver Tech Center . And when you get into places like outer suburbia ... get down in to In verness , Meridian , Highlan ds Ranch , something like that... things are really differeni '.here too . And I am aware of buildings in the central business district of Denver ... large bu ild ings ... buildings larger than any office building we have in Englewood , that don 't have one parking place ... not one . So , they have to rely completel y on public parking , Those types of build ings have disadvantages , in my opinion , and in my experience as a broker . But, I th ink one of the things that this does ... looking in to the future ... is it not only addresses the downtown area , it also addresses the Medical Center Small Area Plan th at Community • Development has been working on fo .-a couple of yea ,s now. We have certai n parking at the south end of Englewood . Up in your area ... up in the north end , '.here is very lim ited public parking . So , I think those are things that do need to really be looked at and whr,n it gets into standards , I think it is beyond ... I'm guess ing that I probably know as much about park ing as anybody at the table here and it is beyond me . Coun ci l Member Jefferson said okay . Englewood City Council July 21 , 2008 ,Page 12 Council Member W ilson sa id I ha ve a question though . Did you say someth ing in reference to the people from the car lots co ming last week? Director White said only In their experience in dealing with our existi ng regu lations . It is difficult for them , on the smaller car lots, to meet the parking regulations as they are currently written and so that is Just an example of how it is tough to deal with businesses coming In. Ms . Wilson sa id so are you saying that they want more cars on a lot? Directo r Wh ite sa id that was a bad examp le. Let's say a restaurant. It is difficult for a restaurant, in certain situations , to provide all the park ing that is required under our parking reg ulations . Are there some alternatives to that ? Is there a different standard we should be measuring the parking demand by? That is the first task that we are asking th is consultant to tackle. Ms . Wilson said so would that be like determining whether we needed a structure , per se? Mr. White said that is really tied into the second piece of what we want them to do fo r us . Ms . Wilson said okay, thank you . Mayor Woodward sa id okay , if there is no further discussion , please vote . Vote results : Ayes : Nays : Absent: Motion carried . Director White said thank you. 12 . General Dlscuaslo11 (a ) Mayo~s Choice Council Members Mccaslin, Moore , W oodward , Jefferson , Wilson , Oakley None Co uncil Member Penn • (i) Mayor Woodward said I just wanted to mention and bring up o•,r Sounds of Summer • Concert Series that's out on the piazza, here every Thursd~y night at 6 :30 p.m . July 24'" is the Golden Eagle Concert Band , which is sponsored by Humana. On July 31st is Da kota Blonde, wh ich is sponsored by the Eng lewood Youth Council. On August 7'" is Fun kiphino, sponsored by Frame de Art and the Twin Dragon Restaurant. (ii) Mayor Wood ward sa id I would li ke to bring forward this proclamation that I had brought up at the Stud y Session last week . T his is a proclamation that the Metro Mayors Caucus is doing ... 37 cities . A proclamatio n or a resolution ... and there are different items . I did meet with Sue Eaton , our Director of Human Resources and looked at some of the items here . We came up with some good th ings that we are currently doing and some of th e th ings that we could implement very easily. So, I guess I would like to move this proclamatio n forward , so that I can sign off on th is and on behalf of supporting Metro Mayors Caucus for th e Metro are a. !Clerk 's note : This was li sted on the Agenda as item 12 (a) (i).J MAYOR WOODWARD MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE A PROCLAMATION PROMOTING HEALTH AND WELLNESS AMONG METRO DENVER CITIES AND COUNTIES. Mayor Woodward as ked if there was any other discussion . There was none . Vote rr "i ults : Ayes: Nays: Absent: Motion carried . Council Members Mccaslin, Moore, Woodward , Jefferso n, Wilson , Oakley None Council Member Penn Mayor Wood ward said okay , thank you . Cb) Council Members ' Choice • • Englewood City Council July 21 , 2008 Page 13 (i) Council Member Mccaslin said last week we talked about protocol a little bit. I'd like some clarification on protocol , specifically with Council members speaking with City employees on issues that may affect issues that we have to vote on , I guess, Dan, this is addressed to you, how we handle that. City Attorney Brotzman sa id on mot ions , at this po in t of the meeting , '.hey are basically admin istrative motions or items that have been discussed at a Study Sessicn or have materials that have come to you before , Is that your question? Council Member Mccaslin said no , If a City employee calls a City Council member and discusses a matter concern ing his future , his job or work performance or someth ing .. ,where do we go with that ? City Attorney Brotzman sa id the answer is you should refer those back to the manager because the Charter , on job issues , those are admin istrative Issues that are solely under the discretio n of the City Manager, The Charter actua lly sets forth that Council will not interfere in those issues . Counci l Member Mccaslin sa id but if you have to clarify questions or there 's doubt or there 's something that you want to clear up , is that going beyond what our duties are as Council person? Engag ing with a City employee? City Attorney Brotzman said you are going to have conversations with employees . There's just no doubt about that. But once you get to hiring , firing type of issues that are at that level. .. if you are tal~.ing about discipl inary matter:, the answer is those are more appropriate ly discussed with the manager and not lhe employee . Mayor Woe ward said so I think what you are saying is Bob , maybe to that employee , you 're saying that that is not an issue you can deal with , They need to be dealing with their chain of command or their supervisor , going up to the top , which would be Gary . Or if it was the legal department , it would be Dan . Council Member Mccaslin said that's what I needed . Thanks . (Ii) Council Me;nber Moore sa id I just wanted to thank staff for their comments and thoughts regard ing the possibility of an RTD park ing structure , The memo that was provided in our packet was very thought provoking , We still have quite a challenge in front of us to figure out what to do , but again , I asked • for staffs ' o~lnlons and It was a very well laid out , thoughttul , useful piece to me . I just wanted to make sure I noted that. Thank you , (iii) Counc il Member Oakley said I wasn 't going to say anything , but deliberating on Bob 's quest ion , I've read the Charter also , so I know exactly what it says , There is a time , I think , when a Counci l person may have a concern about something that may be setting a pattern . Would it be appropriate for him to talk to the City Manager about it? City Attorney Brotzman said absolutely . Council Member Oakley said okay , thank you , (iv) Co vnc il Member Jefferson : 1. He said I j us t w· 1te d to thank Tom for br inging forth the awards for some of the officers and I wanted to than k the officers for tn u r service . 2. He said I want to put in a Council request , perhaps through Commun ity Development. I did receive a call from a lady who was being displaced , because of the Value Place development. Unfortunately, it sounds like a lot of folks over there are in a kin d of a tough si tual ion , The y are in a month to month lease situation and , obviously , that property has been sold and is go ing to be redev e oped , but ii leaves some of these folks In a little bit of a precario us situation because they o•m the ir mobile ho me but a lot of these mobile homes are older and apparently none of these other parks want t0 accept their home Into the ir park . A lo t of these folks are lower Income folks , folks on fixed incomes , a lot of older folks and disabled folks , And so I wanted to se e If maybe Community Dev elo pment might look in to it, and just, from a perspect ive of ... we're managing development in our City ann we want to make sure ... take a loo k at who 's be ing displaced and what the options are , potentially , to turn some of these folk s on to public or private sector aid or guldance ... anything ... and try to get an Idea of ho w big th :s problem is . The lady reported there were about 16 folks in the same situation at the one park at Valu e Plc,,,, so it sou nded fa irly sign ificant. I don 't know If tha t is exactly true , but I won der if Commun ity Development woul d be wil ling to look into that? • 13. City Manage,•'• Report (a) City Manager Sears sa id I w~••ld like to inv ite the Counc il members to the picn ic . Th is is a picnic on Frid ay . An employee comm itt t:d was 11. .. rmed to focus on imp rovi ng moral in the organ iz at ion and they Englewood City Council Jaly 21, 2,oa Page 14 came up with a plan . We are getting outside funding to make that happen , because it just wa sn't budgeted with City funds . The manag ers and department directors are doing the cooking , so you can choose to either eat that food or not . Your choice . There was laughter. Again that will be thi s Friday . (b) City Manager Sears said th ere was a letter in your packet from Ted Vasilas . I met with him last week . He broug ht ii in . It was a very well thought out letter, well pu t together and I've worked with the Commun ity Development Department . Jerrell and Rick Ka hm . Please take a loo k at it. Darren will be kind ~f coordinating our efforts on that. We 've done a response back , but these are all items that I think we can mutually work together on and I was really pleased to see that they took the Initiat ive to outline what their concerns are and we will keep Council posted as we go ahead with that. (c) City Manager Sears said I aprreciate Council Member Moore 's comment... I know that Mike Flaherty worked very hard with staff to put togeiher the alternatives on the parking structure . I know that we will be bring ing that issue back to Council. (d) City Manager Sears said Mike Flaherty also has been working really hard . He has the brochures to hand out regarding the visit from Fe, News Network th is Thursday morning . It's nice that they 've chosen Englewood as the site to come to . The y'll be here at 4 in the morn ing , on Thursday morning , for those interested in being here . They'll be at our Golf Course and at the City Center . They have a pretty tight sched ul e, but Mike has been coorJinat ing the efforts to put th is together with our bus inesses . They've been a little inflexible with the ir own schedule, but I think you'll enjoy it. Mike , was the,,, anything you wanted to add about that? Deputy City Manager Flaherty sai d no I don 't th ink so . other than we have , as I think Gary mentione d, a four hour programming time slot during their regular morning programs that they cut away to , they call it "Fox on • Your Block" segments , three or four tim es per hour and they have three to five minutes each for those • segments . They 've ask•d us to give them different examples of th ings that make Englewood un ique . We gave them probably 20 diffe :·ent ideas ,,nd they picked up on maybe 10 of those . I th i11k they 've asked Mayor Woodward to sp~a k as well , duri,ig the 7:50 a.m. segment. So , tune in and walch . They are landing a hel icopter somewhere at the Golf Course . I haven 't figured that one out yet. 14 . City Attorney 's Report (a) City Attorney Brotzman sa id with regard to Mr . Casebolt's presentation on South Ogden Street , that matter has been turned over to the insurance pool , so the adjuster should be calling Mr . Curnow and Mr. Casebolt . Presently , I don 't th ink there 's a schedule for the admin isl rative adjustm ent that 's been proposed . T at has no t gone to Pla nn ing and Zoning yet , so that's going to take ,~me time , to get through Planning and Zo ning an d bac~ to Counc il. The meeting adjourned at 8:47 p.m. •