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HomeMy WebLinkAbout2005-07-11 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COuNTY, COLORADO Regular Stsslon July II, 2005 I. Call to Order The regular meeting of the Engi ewood City Counci l was call ed to order by Mayor Garrett at 7:32 p.m. 2. Invocation The invocation was given by Councii Member Barrentine . 3. Pkdge of Allegiance , Pledge of Allegiance was led by Ma yor Garrell . Roll Call Prese nt: Absent: Council Members Totn.9.Sso, Moore . Barrcr dnc, GilJTctt, Brad shaw, Wolosyn, Woodward None A quorum was present. Also present : City Manager Sears City Attorney Brotzman Assistant City Manager Fl aherty Cit y Clerk Ellis Directo r Olson, Safety Services Poli ce Lieut enant Sanchez. Safet v Services Direcror Kahm , Public Works · Director Simpson , Communit y Development D:rcctor Bla ck, Parks and Recreatio n Senior I 'tanner La ngo n, Community Devel opment 5. Consideration of Minu1.:-c nf Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 20, 2005. ~1a yo r Garrett asked if the re were any comme nts, discuss io n or co rrec tio11s. There we re none. Vo te results: Moti on carried. Ayes: Council Members Barrenlinc, Moore , Brad sh,.w, Garre tt . Wolosyn , Woodward, Tomasso Nays: No ne 6. Recognition or Scheduled Public Comment (11) Donna Reeves said fir st I wo uld li ke 10 thank you fo r all ow in g me the opportunit y 10 speak to you tonight. 1 ow n the property on the comer of Grant and Gi rard and that is 340 I South Grant Street and I am here to talk to yo u about that property and to answer any questions you might ha ve. I noticed in the agenda fo r thi s eve ning that it li sts me as ow ning 34 11 South Grant and I do not. I'm not cenai n who the ow ner is, but l be li eve that Englewood Clly Council July 11, 2005 Page 2 • Marianne cn n adc!rc ss 1h 111 . I wa nt 10 begi n by say in g 1ha1 I've li vcct at 3-'0 ! fo r nei!.iy 30 yea rs and I care Vl'fY much abo u1 Englewood and w,1a1 hap pe ns to the r.ci ghborhood o ver there. My pr\.l pcrt y is be in g li sted wi1h the pro pert y ne xt doo r, 341 l . ~o 1;1:.y bc th at is wh y th e re is a mi siake a nd th at is beca use we share o ne lot b:1ween us. have two and a qua rter lots and 34 11 has one and a qu art er lots. bu1 l wa nl to foc us on 340 1 and le t Mari anne Fa rrell , who will foll ow me , an swer an y qu es ti ons yo u mi ght have abo ut 3411 . I would like to gi ve a little his tory of the propert y. My fath er wa s in co nstructi on. He bo ught that pro perly wi th the intent of pullin g an apartment o n it with two of hi s busi ne ss assoc iate s. Tha t was in I 960 . And on June 20th of 196 1 he appli ed to the Cit y of En glewood 's Board or Adjustments and Specia l Appeal s ror a vari ance or 5 reet that would give him the required square foo tage to build an apartment. And . I think yo u ha ve a co py of that variance in that green book and ma ybe you ha ve a ~e parate copy as we ll . But as yo u can sec , the variance was granted unanimo usly . I met with Bob Simpso n and Trici a Lan go n a nd was told th at the vnri an.:c is a hi storical doc um ent and it run s with th e propert y. I belie ve yo u have a mem o that she gave yo u as well. so that is th e way it stancl.,. '!ilere was a mi sund erstnnding about the v:tr.ancc . It was orig inall y thou ght that the requ ested varianc~ did not address the numt-cr of un its, th e unit size, or parkin g, but after a closer look. it was found that wh at seemed to be a plat of the propert y ta :tac hcd to the variance wa s, in fa ct, a plot plan for an 18 uni1 11partment with 13 parking spaces. So if yo u loo k here , thi s just loo ks like a plat that you sec all the time, but it wa n 't. And then , it is referred to again in the variance and so this has a poss ibi lit y of four ca rs on Girard and nine cars un the alley back there . So that was what wa~ gran ted . Now it may seem peculiar ha ving 13 parking places for an 18 11ni1 apanm~nt , bu t that was in keepi ng with the codes in 196 1 and yo u can ask anyone who lives in that ncighborhOC'd about the d iffi culty parkin g if yo u don't have o ff.street parking , because of the apartm ents around it. Traci Lynn down the street .. I don't know how man y unit s it has ... but it doesn 't have enough parking . Anywa y, tha t is the hi story of it. The intent ha s been and has always been to remove the exi sting buildings and to put so methi ng modem th ere . Now I am selling the property, becnl!Sc I don't have the reso urces to build so meth ing modern or nice on the corner and, because it is old and unlike modem hou sing , it needs co nstant repair and upkeep and I simply cannot do it. I keep up with it th e best ( can. 'What I wou ld like to do is to assure my neighbors and the members of the City Counc;J that deve loping lh e property won't change the character of the neighborhood or devalue the exi sting properties , It would dn just the opposite ... enh ance the neighborhood. • And it is also in keeping with the City of Englewood 's version o r' modernizing thi s old centra l section of Englewood and if yo u think back ... th ose of yo u who have been here fo r awhile ... yo u "'II remember Cindere ll a City and maybe even some of yo u will reme mber the gra vel pit th at was here t,.cforc Cinde r~.!\a City. where we arc standing right now. And so you look at what's repla ced i1. .. thi s building, the librar y. the apan rnent s aro und ii and yo u know it is reall y exqui si te . It ha s turned in 10 a ve ry lovel y area. I know that th ere is so me ,;o nccrn about the propcny a nd what will happen , becau se it is li sted as land only and I've been asked wh at that mc ani. A.nd wh:i.t that means , of course , is th at it is 10 put up so methin g modern there . And as I said, th at had been the int..,... I would like 10 give yo u a ve ry brief hi story of the propcny. My father bo ught it in 1960, as I said , and th ere is a carriage hnuse in ba ck, which is 34r5. At th e tim e he bought that in 1960, 340 1 wa s a boardi ng house. It was owned by two sis1crs and a brother. The two sisters li ved in two small apartment s al oppos ite end s and bo th apartment s had stre et ac~css or doors that went to the stree t. The middle of the ho use had three bedrooms th at were ren1 ed and there was an o ut sid e entrance on Girard and yo u can still see the remains of th at. There was a ha llway that ca me into it . In fa ct, I ha ve pictures of co verin g that up beca use I had people s1a ndin g in th e doo rway bac k th ere a nd it didn "t rea ll y open in1 0 anyt hing at th at time. But anyway, 1here was a large kitchen with an outsi de entran ce th at was shored and the brother li ved in th e carri age ho use in th e bac k, whi ch is 3405 South Gra nt, so it has 1he hi story of havin g been a dwelling a nd not j ust a sin gle famil y kind of dwellin g. plus th ere arc two houses on th e pro pert y. Currentl y, aro und 34 0 1 So uth Gran! Stree t, as yo u all know. th e neigh borhood ha s been bu stlin g with dev elopm ent and it has been mos tl y fo r th e elderl y and di sabled and it is a perfec t loc ati on for it. Ev erythin g is within two or three block s. There is Swedi sh Ho spital ... ! alw ays th ought I could craw l up th ere if worse cam e 10 worse. it is so cl os e. Kin g Soo pers and th e Eng lewood Post Offi ce arc down there a11d th e bu s slop and no w we hav e th e li ght rai l righ t here. But , let me ~ive yo u some other example s. Grant Street and Sherma n share a common all ey and th ere were houses exac tly like 1here are on my si de of Gran! Street. The Housing Auth or it y bo ught those. I don't rem ember the year. but it was so me time in the 90 's th at they built the curre nt apanmc nt s or units that are bac k there just north of it nod I think th ere may be 11 or 12 units ba ck th ere , I'm not certa in, but th ere we re fi\'C ho uses. So, an ythin g th at wo uld occ ur or might occ ur at 340 1 and 3411 would be in keep ing wi th th at. Also. in 1hc neighborh ood is th e Trac i Lynn Ap artm cnl !I an d tha1 is on th e so uth sid e of th e stree t and catt y•co rner to Grant Street. lmm ed i:uclv across the stree t • fr om Grnnt , there on th e corner of Giru rd , is a two story apartme nt buildin g. Mall ey Retirement C...:nt er is one and a half bl ocks wcs1 a nd th e Ass is ted Li vin g Apartm ent Co mplex is on Sherm an. So dc\'clnpin g thi s co rn er would be in keep in g with the c urrent tre nd s and ii ce rt ainl y wo uld be an im provement ove r th e ex isting struclll rcs. And ag ain , I thi nk ii wo ul d cn lrn ncc the neig hbo rhood and tha t wa s th e conce rn tha t I have had from th: ncig hbors ... is what th e • • • En glewood City Council July 11 , 2005 Pag, J heck is going to '.appcn over here . When we look at 1he are a, ii ca n be see n that there hav\! alread y been se veral devel opments and th ey greatl y improved 1his area. plu s they brought revenu e 10 the C it y. And buildin g modern stru ctures on th is property would co ntinue that trend . Ba sic ally, 1hat is whal I came to explain to you, becau se lhcrc has been so me que sti on about it and I had received calls . And in1c rcs1ingly I have received call s asking if I rented to the peopl e at 3411 and ma ybe there is a mi stake on the books. sin c I am li sted here as well as owning th at, but I do not own that property. So if you have an y questio ns for me , I would be happy to a n S\\'CT 1hcm :met if not, I'll turn it over 10 Mari a nne . Thank yo u very much . (b) Marianne Farre ll said I am a broker/apprai se r wit h Metro Brokers rcpresen1ing 3401 and 34 11 South Grant. She said my mailing address is 6377 Sou1h Revere Parkway. Cente nn ia l 80 111. I did di stribute the green bi nders and mos tl y thi s is a rererem:.: !CA.I I fo r recogni zi ng where th e pro perty sit s and . m fact , you may ha\', noti ced thi s property has bc.!n fo r sale fo r comi ng up on a year . And a 101 of it had to do wi 1h market va lu es at lhc lime and various other issues, not the least or whic h was ... wha t would the vari1nce all ow? Upon retrieving a copy of the varia ncr-"''c. in fact. have di scovered that the variance has become an hislorical doc um e nt and we have been told it docs po wi th the property . The reaso n we are here tonight is just to have the fi na l agreemen t with the City Cour.cil that, in fact, the property can be dev,.1 1J ped in accordance wit h th e varia nce that wa s pa ssed in 1961. The property is zo ned MUR -3-B ac cording to the;: i111cst UDC Codes that Englewood had worked on so diligently for three years and came out in 2004 . Agai n, if you look at the se properties. you can see that in fact they ha · e exceeded their life line . The life line or a ne ighborhood and propert ies is that when the neighborhood is first built , the propcnies acce lera te in price and app rec iation then they don't accelerate as quic kl y and co nlinue to level off, then they plateau and dec line. When in fact, th at is exactly where these propert ie s are ... they arc in a very declining mode . Since we do wa nt to focus on 340 1 So uth Gra nt. it needs to be noted th at that prope rt y does exist on three lots mi nus 5 feet and I joined it in a li sti ng wit h 341 1. bec ause that is one 101 plus 5 feet, so th at gave me a total of fo ur lots . The variance on 340 1 So uth Grant.joining with 34 11 . giv..:s us additi ona l parking spaces and 1h111 is preu y much the idea we had the re. There really is no down side 10 developing this property. I mean. who woul d want to co ntinu e to ha ve !h e exi stin g properties there in the stale that they are in when, in fact, the sell ers nre not capable of restoring or repairing those propertie s and th ey will co ntin ue to decline . So there is no down side to demolishing those properties and constructing new propert ies. Constructing new properties is co nsistent with the new construc tion and. new de ve lopment th at is continuing tc go on in zip code 80 113 . As noted in the memo in the front of th e binder, the Den ve r Semi nary is , in fa ct. going to be demoli shed and th ey arc going to build 325 units there, so again . it is an exte nsion of the ju stifi ca ti on of thi s pa rti cu lar part or Eng lewood. We did include pi cture s of the properties. just to refre sh your memory . Cre .. t:nt Court , whi ch is 1he Housing Auth orit y project j ust wes t of thi s pro pcny ... ~ow beaut ifu l that is and we ll main tained. Thi s would be in accorda nc e with th at. I al so did an app rai sal just fo r r .:r'c rcnce, just so yo u could sec th at th ere arc other pro pertie s being devel oped . It is inl crcsting. in the multi - li st. .. 1~1is doc s not refer to all th e Arapahoe Co unt y records ... but in th e multi -li st back 10 2003. there has not been one ,.cw house bui lt fr om the ground up . There have bee n houses remodeled, there have bee n hou ses so ld to be lorn dov,n, bu t there has nOI been n new one come fro m th e grou nd up. 1ha1 has been referenced in the mult i-li st. There was a propert y fo r sa le that the y were asking $799 ,000 .00 for. in ant icipati on or demoli shing the ex istin g structure and rebu il ding a new one, but in fa ct ended up just selli ng the lot and not doing the constru cti on that wa s ad venised and th at went fo r $1 30,000.00. Aga in, we arc here jus110 seek , fo r a lack of a better 1erm . dominu s vobi sc um on th is vari ance that we m:iy go forth and develop it. We have pote ntial buyers worki ng with us right now and if in fa ct an 18 unit building is no! what the Cit y Counci l would agree with, 1hen we would ask you 10 coun sel us as to what yo u would acc ept. I will turn it back 10 the Ci ty Coun cil. Thank )'OU. Mayor Garrell said thank you ver y nu ch. I gue ss before we move on, ii appea rs 10 me . thal the issue is wh eth er the varian ce of 1961 is appli cab le 10 bu ild an 18 unil apa rtm ent com plex and wh eth er th ey can do that usin g th at vari ance. Clearl y we need 10 loo k to our lega l co un se l to gi ve us a lega l opini on on th at. Do yo u need 10 take time to review it? Cit y Auorncy Brotzman sa id the an swer is th is. The 196 1 Board of Adju stment variance run s wit h the property. If they want to build exac tl y what th at varia nce requ ire s. the )' can bui ld that. Th at run s with 1he land . If 1hcy wan! to bui ld so mething ot her th an what th e 1961 va ri ance gave them. 1hcn the y need to go bac k 10 the Board or Adju stment and Appcn ls and ge t thnt approv ed. Mayo r Ga rrell said the qu es ti on th en is whet her th e va ria nce all owed 6 un i1s or 18 un its, in th e City's opi ni on. Englewood City CouncU July 11, 200S Page4 City Attorney Brotzman sa id right and Mr . Simpson ha s sa id it is 6 unit s. That decision is also appca lable 10 the Board of Adjustm ent and Appeals. Mayor Garrett said so if they want to use th e variance of 1961 to build 18 units. they just go to the Boa rd of Adjustment and Appeals fo r a ruling , basicall y, or dec larati on on what that variance meant. Mr . Brotzman sa id correct Mr. Garrell said if they want to build so met hing different than that . they need to go through the Board of Adjustment and Appeals or Planning and Zo ni ng depending on what they arc doing. Mr . Brotzman sai d right . Council Member Bradshaw said my concern is the venue is th ere for them to go to the Bo ard of Adjustment and Appeals ... not come to Council ... to go to the Board of Adjustment and Appeals . Ms. Farrell sai d I just need a point of cl arifica tion. If I heard the City Attorney correctly, he sai d the variance goes with the land . Mr . Brotzman said correct. Ms. Farrell said the variance refers to 18 units . Mayor Garrett said that is a subject or debate . The City's Community Development Department has opined that it is 6 units, not 18. So , if you disagree with that interpretation, the Board or Adjustment and Appeals is the proper forum for you 10 say we think there has been a misinterpretation by the Community Development Department, that it should be 18 units and then you would go from there. Ms . Farrell said ... and I don't me.an to persist in an argument. .. but it clearly says at the bottom of the variance an 18 unit apanmcnt. Mayor Garrett said we are not in a position to discuss the merits or the variance. Ms. Farrell said I understand, thank you. • Council Member Bradshaw said the Council does not give variances. The Board of Adjustment and Appea ls does . • Ms . Farrell s11id I underst11nd . Thank yo u. (c) Gre g Sampicr sa id I appreciate your considcrauon or the proposal that I have before you. We are not asking for speci fications or anything, just if City Council can sec their way clear to assist in any way , it would be deeply apprecialcd . The funding 1h31 yo u could polentiallyprovide would go loward the Go lfToumament ... helping to kind of better this tourn ament and in turn , better things for Bria n and hi s family. They are doin g well, they really are . The kids arc growing up. In the binder I presented to you there are seve ral photographs that I wanted you to sec. Those photographs were taken almos t a month pri or to his accident. And I tried 10 include some thi ngs that he has endured through therapy. He has worked hard . There arc also some pictures after the fact. The therapy goes on. He is working hard and his attitude has always been good . And every now and then the old Brian comes creeping out and gets yo u with a good one. We arc real proud of what he is doing . As I sai d. I won't take a lot of your time and belabor the issue. You have the material there and ii yo u can ass ist. it would be deep ly apprecia1ed. Mayor Garren sai d thank yo u very mu ch. Mr . Sampicr sai d thank yo u very much fo r your time, I apprecia te it. (d) Mary Ellen McPherson sai d l have lived al thi s same pl ace at Fox off or Oxford for almos t 40 years and never had any problems uniil aboul five ye ars ago. And brieO y I ca n 1e ll you a 101 of lhc se problems ha ve to do with the signs . My fir st problem was in February of 2000 and thi s had to do with th e air bags in my Ullima Nissa n blow in g up at the comer or Oxford and Broadway. There was no accident, but 1 got a ti cket and or co urse the accident caused me a lot of problems. They called it a closed he ad injury because or the explosion of th ose air bags. The Ni ssa n Company , last year. announced that they were faulty . Sometimes, because or sa lt in the streets or going over a curb, which I didn 't, wo uld ca use the air bags to explode. So I have had so mewhat or a hearing problem from that . and balance and so fonh . 1 did get a ti cket because the po liceman was con fused because with my car just barely touching the car in fr ont or me, and usually you should be bac k about four feet , hut the air bags ex ploded and naturall y my foot went off or the brake and the car was st ill in gi:ar and so a car ca n crawl. That is my • fir st probl em. I think maybe I got rid or th at ti cket, because the po liceman co uldn't quile undersland why my ca r was up again st it . Okay, the ne xt accident I h11d was on my own street and an immigrant ... that didn't have a license ... on Fox Street and Nassau ran int o me , smas hed that car up and I co uldn't eve n get out. Nobody was th ere tc• sec it and I was o nl y one block from my house and I went up to ca ll the po li ce 10 help me, because th e car was • • • Englewood City Council July II, 2005 P•g• S sma shed and I came ba ck and I go l a ticke t beca use o f !cav in g the sc ene of an acciden t. Of co urse wh at I did, I had 10 craw l out of the ot her sid e of th e ca r in ord er to wa lk up ihe bl oc k to my ho use anc! ca ll . beca use th ere was nobody there to sec it. So th at was a tic ket and lha t wa s in 2003. Then 1hc next ticket I got wa s when 1...1 gel kind of fo rg etful...thi s last one was in Jul y of 2004 . Thi s is the wo rst one ... th e in sur:mcc co mp any pays beca use th e laws changed. I ca n'l remember what they ca ll it, a nd so the Fede ral Expre ss trail er smashed that car to pieces , and I say 10 pieces. I mean both time s they we re co mpletel y dem oli shed . I was taken to the hos pital a nd then a pol icema n came to the hospi lill. .. and I was almost o ut of i1. .. beca use of that acciden1. .. and gave me a ti cket. And it wa s on the sam e stree t of Oxford and Broadwa y. Thi s is where m/ prob lem is. For 40 years I ha ve made th e 1urn at Bill Smith's Plumbing Co mpan y and ever ybody el se and the merchant s turn righ1 on 10 Broadway. But evidently, accord ing to L~e sign . which was wrong, onl y the midd le lane co uld tum on Broadway and eve rybod y else wh o had 1umcd on the cu rb si de ... wa s at fa ult . Again, I got a ti cket and Ken Ross we nt to the Judge with me and I had 10 pay $80.00 and 1he nex l da y the y chan ged the sign so tha t ri ght now ii says "Right Turn Only" on the c urb side and the next lane has 10 go slraight ahead . Aga in , I get a ticket. And 1hat one was a reall y bad one. I was in the hos pital and my bill was $8,000.00 for the emergency roo m for all the lests. And agai n, there is all th is noise. I have to wear these hearing aids in my ca rs in order to hear what peop le are saying. They called ii "closed head injury"' because of all of these noise s and everything. Now then, the la st ti cket that I go t was just about a month ago a nd ii was on Windermere comi ng to ward Oxford again ... right in my o wn neighborhood . On Bell ev iew where I picked up thi s friend, she had been in th e emergenc y room and I picked her up off of Belleview and I came down Windermere because I knew it wouldn 't be crowded, and so I gue ss I wa s going 40 mil es on Belleview and when I turned I was still going 40 mile s a nd two men on motorcyc les stopped me and they said I wa s go in g 40 mile s. I got a ti cket and th at one cost me ... that was recently ... and that was $120 .00 . One other ticket that I forgot between there was on Oxfo rd Street asain and I was on the la ne goi ng to the Rec Center, where I had bee n going for 10 ye.lrs ... off of Fox ... a nd there was a car in fr o nt and a car in bac k and I wa s in th e middle lane , but I had to get over to the side lane in order to make th e turn, there was a cop right there on Huro n Street wai ting . It should be a passing lane th ere . There should n't be just one lan e in the middl e of Oxford 10 try 10 make the turn . I got another ticket there fo r $80 .00 . So anyway. a fri end of mine said she got a ti cket on the opposi te sid e, on the cu rb sid e, she said th at her tic ket was o nly $15 .00 ... thc Jud ge dropped it to S15.00 ... and the Jud ge charged me S80.00. Now this last one, I fo rgot th at one was in the middle ... th at o ne was about in 2004 or still 2003 . I have never had a speeding ticket before in my life . I've ne ver had any ti cket for doing anything that I know is wro ng, but I've got all these funny tick ets now against me . I'm not happy . I want to leave Englewood and espec ially the address where I li ve. yo u kn ow. And if there was a co p car with li ghts bl inking on Windermere. I would ha ve wanted to make sure that I was not go ing too fas t. eve n thou gh it is not a residential area or cars are not parked on th e sid e, bu t these two motorc ycl es were jusl waiting 10 pick up peo ple , because they kne w that people on th at stre et might be , yo u kn ow, goi ng a littl e bit fa ster . My pa stor who lives in Hi ghl a nd s Ranch ... he is a very good driver ... he go t a ticket that same day co min g down th ere and he live s in Highland s Ran ch. I we nt to the Rec Ce nter th at morning after I loo k ca re of my frien d that was i ll a nd a wo man there sa id she had gotten a ti cket al so co min g down Winderm ere that da y. I sa id we ll th ey sure made a lot of money. And that tick et was my last ti cket and th at was a month ago and that wa s $180.00 . all becau se of my bad si1u a1ions of unli censed ... and th e one wa s an unl icen sed immigra nt , uninsured driver . And my in surance co mpan y ha s now dropped me beca use of all of the se incid ent s, none of which I was respo nsib le fo r. Th en, one last th ing, whi ch does n't have to do with a ticke t. I live on the corner of Na ssa u and Fox and that street has neve r been pa ,ed . It is ca ll ed Na ss au S1rcct. It's ne ve r bee n paved and th ey don't even keep it up with gra ve l and 1here are all the se weeds in 1he stree t. It has ca used my dri ve 10 be bro ken up , it has cau sed weed s to co me int o my yard fr om these weeds in the stre et. I have co mplained abo ut that , bu t th t.!y don't do an ythin g about that. And th ey told me 10 come in and an nounce 1hat at the Cit y Council meetin g. Nassa u Street on Fox never ha s been pa ved since we 've owned that propert y and so I have wee ds th at are int o my ya rd that shouldn 'l be ... beca use weeds arc in !h e street . Th ey don'1 eve n grave l it Dr . Milligan li ves righ t at the bo ttom of th at street ... he 's my neighbor ... of co urse th t:y had a fir e and th ey don't live there any more. So anyway , I didn't eve n know I was goi ng to be on here . I was j ust 10\d 1ha1 I co ul d come and talk abo ut my proble ms to the Cit y Co un cil . I almos t did n't co me , so I didn't know I was going to be he re. Anyway, those arc my pro blems wi th the sig ns and 1icke ts ... $120.00. becau se of my 1icke ts and I' \'C neve r had a ti cke t for speeding before or for doin g anylhing wrong. Ma yo r Garre tt sa id thank yo u ve ry mu ch . Co un cil Member Brad sha w sa;d th ank yo u Mary Ell en. 7. Recognition or Unscheduled Public Co mment Englewood City Council July 11, 2005 Page6 There were no unsched uled visit ors . 8. Communications, Proclamallons and Appointments COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a) THROUGH 8 (v). {a) A proc lamati on declaring the month of July as Parks and Recreatio n Month. Dircclor of Parks and Recreation Jerrell Black acce pted the proclamation . There was applause. (b) A proclamation expressing suppon fo r the American Cancer Society's Relay for Life . Mr. Marc Ogonosky accepted the proclamation . There was applause . (c) RESOLUTION NO . 52, SERIES OF 2005 A RESOLUTION CONFIRMING ERNIE ARTERBURN'S APPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . (d) RESOLUTION NO. 53, SERIES OF 2005 A RESOLUT ION REAPPOINTING HEATHER BARTUN EK TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, CO LORADO . (e) RESOLUTION NO . 54, SERIES OF 2005 A RESOLUTION RECOMMENDING BEYERL Y BRADSHAW FOR APPOINTMENT TO Tl-IE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOO D, COLORADO . (f) RESOLUTION NO . 55, SER IES OF 2005 A RESOLUTION APPOINTING JOHN BRICK TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (g) RESOLUTION NO . 56, SERIES OF 2005 A RESOLUTION APPOINTING MARK CRAFT' AS AN ALTERNATE TO THE TRANSPORTATION ADVISORY COMM ITTE E FOR THE CIT Y OF ENGLEWOOD, COLO RADO. (h) RESOLUTION NO . 57. SERIES OF 2005 A RESOLUTION REAPPO INTING PAUL HENDRICKS TO TIIE CODE ENFORCEMENT AD VISORY COMM ITTEE FOR THE CITY OF ENGLEWOOD , COLORADO . (i) RESOLUT ION NO . 58, SERIES OF 2005 A RESOLUTI ON APPO INTING DAN JENSEN TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLOR ADO . U) RESOLUTION NO . 59, SERIES OF 2005 A RESOLUTION APPO INTING CHAD KNOTH TO THE PL ''INING AND ZO NING COMM ISS ION FOR THE CITY OF ENGLEWOOD . COLORADO . • • • • • • Englewood City Coundl July 11 , 200S Pnge7 (k) RESOLUT ION NO . 60, SERIES OF 2005 A RESOLlITION APPOINTING RANDIA LAGA TO THE CODE ENFORCEMENT ADV ISORY CO MMITT EE FOR THE CITY OF ENGLEWOOD . COLORADO. (I) RESOLUTION NO. 61. SER IES OF 2005 A RESOLUT ION APPOINTING RANDIA LAGA AS AN ALTERNATE MEMBER TO THE PLANNING AND ZON ING COMM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (m) RESOLUT ION NO. 62, SERIES OF 2005 A RESOLlITION REAPPOINTING REBECCA LAUGHLIN AS A YOUTH MEMBER OF THE PARKS ANO RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . (n) RESOLUTION NO. 63, SERIES OF 2005 A RESOLUTION REAPPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD , COLORADO. (o) RESOLlITION NO. 64, SERIES OF 2005 A RESOLlITION APPOINTING HOLLY MONT AGUE TO KEEP ENGLEWOO D BEAlITIFUL COMMISS ION FOR THE CIT Y OF ENGLE WOOD, COLORADO . (p) RESOLUTION NO. 65, SERIES OF 2005 A RESOLlIT IO N APPOINTING MARTY MOSMAN TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (q) RESOLlIT ION NO. 66, SERIES OF 2005 A RESOLUTION REAPPOINTING KRISTA NIEOERJOHN AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMM ISS ION FOR THE CITY OF ENGLEWOOD, COLO RADO. (r) RESOLUTION NO . 67, SLK IES OF 2005 A RESOLUTION APPOINTING MARC OGONOSKY AS AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMM ITTEE FOR THE CITY OF ENG LEWOOD. COLORADO . (s) RE SOL UTION NO . 68, SER IES OF 2005 A RESOLUTION APPO INT ING MARC OGONOSKY TO KEEP ENGLEWOOD BEAUTIFUL COMM ISS ION FOR THE CITY OF ENGLEWOOD . COLORADO. (1) RE SOL IJT1ON NO . 69 . SER IES OF 2005 A RESOLUTION REAPPO INT ING STEVE SC HALK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO . (u) RESOLUTION NO. 70, SER IES OF 2005 A RESOLUT ION REAPPO INTING DONNA SC HNI TZER TO THE CULTURAL ARTS COMM ISSION FOR THE CITY OF ENGL EWOOD, COLORADO . (v) RESOLUT ION NO . 71, SERIES OF 2005 Englewood City Council July 11, 2005 Pa ge 8 A RESOLUT ION REAPPO INTING MAGGIE STEW ART TO THE CULTU RAL ARTS COMM ISS ION FOR THE CITY OF ENGLEWOO D, CO LORADO . Vo le results : Ayes : Council Members Barren tine , Moore . Brad shaw. Garrell, Wo\osyn. Woodward, Tomasso Nays : None Motion carried . Mayor Garrett presented certificates and Ci ty pins to all the appoin tees in attendance . Co unci l Member Wol osyn sai d welcome to everyone. I wi ll sec so me of yo u tomorrow night. Th ere was applause. Mayor Garrett said the City would like to thank cvery.,nc who docs volunteer on the Boards and Commissions . A lot of you have served on various boards for several )Cm. 9 . Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (li), (ill), 9 (b) (I), (II), (lil), (Iv) and 9 (c) (I), (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 34, INTRODUCED BY COUNC n. MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR FY05 MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM FOR TRAFFIC EQUIPMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD, COLORADO. (ii ) COUNC IL BILL NO. 35, INTRODUCED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORD INANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMM ISS IONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, CO LOR ADO, TO CONDUCT A COORDINATED ELECT ION ON NOVEMBE R I, 2005. (iii) COUNCIL BILL NO. 33, INTROD UCED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORD INANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOV ERNMENTAL GRANT "fHE JUST ICE ASSISTANCE GRANT "' BETWEEN THE CITY OF ENGLEWOOD, AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM WHICH IS FUND ING FOR A NEW MOBILE DATA TERMINAL SERVER TO RUN NC IC/CC IC CLEARANCES. (b) Ap prova l of Ordinance s on Second Reading (i) ORDINANCE NO . 27, SER IES OF 2005 (COUNC IL BILL NO. 26, INTRODU CE D BY CO UN CIL MEMBER BRADSHAW) AN ORDINANCE AUT HORIZ ING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNT Y COMM ISSIONERS OF THE COUNTY OF ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY'S RADIO COMMUN ICAT IONS NETWORK SYSTEM (AND CONSOLIDATED COMMUNICATIONS NETWORK OF COLO RADO (CC NC)(. • • • • • • Englewood City Council Jul~ 11, 2005 Page9 (ii) ORDINANCE NO . 28 , SERIES OF 2005 (COUNCIL BILL NO. 27 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE ADOPTION OF THE "E NGLEWOOD STORM DRAINAGE CRITERIA MANUAL" FOR THE REGULATION OF THE STORMW ATER UTILITY WITHIN THE CITY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO. 29, SERIES OF 2005 (COUNCIL BILL NO . 28 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TfilE 4, CHAPTER 7, SECTION II , OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED W AIYER OF THE WASTE TRANSFER SURCHARGE. (iv) ORDINANCE NO. 30, SEiUES OF 2005 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO OPT-OUT OF MUNICIPAL CANDIDATE NOMINATION V Al~ANCY PROVISIONS AS SET FORTH IN THE MUNICIPAL ELECTION CODE OF THE COLORADO REVISED STATUTES . (c) Resolutions and Motions (i) The purchase of one 250 Gallon Melter Applicator for melting rubber and filling cracks from Denver Industrial Sales and Service Company in the amount of $36 ,797 .00 . Vole results: Motio n carried. Ayes : Council Members Barrentine , Moore , Bradshaw , Garrett , Wolosyn, Woodward, Tomasso Nays: None I 0. Public Hearing Items No public hearing wa., sc heduled before Council. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Read ing There were no additional items submitted fo r approval on fi rs t read ing . (S ec Agenda Item 9 • Conse nt Agenda .) (b) Approval of Ordinances on Seco nd Rending (i) Co uncil Bill No. 14, as amend ed, appro ving amendments to the Englewood Municipal Code pcn11inin g to Fences, Wall s and Visu11l Barriers of the Unified Development Code was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· COUNCIL BILL NO. 14, AS AMENDED. COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINAN CE AMENDING TITLE 16, CHAPTER 6. SECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO FENCES AND RETAINING WALLS . Ma yo r Garrell asked if there was any co mment. Englewood City Council July 11, 2005 Page JO Council Member Bradshaw said thi s is the fence ordinance as amended ? Mayor Garren said yes with changes made by the City Attorney 's office . City Attorney Brotzmlln said you actu11 1ly have alternative language regarding the ownersh ip waiver on 1hc very last page . [Clerk's note : Amendment I Ownsahin Waiver An owner max PPPIY IO build in the Citx risht-of-wax YR to the eds, of lbs sidewalk bx sisninB an snsmashmsnt ucssmeot subiect m tbs terms and awristions of 11 ·J--4 EMC An OwnEC max waixe the one foot l I') r;;stristinn of Fl2>£slf4l or H(2l bx sisnios e weixsr nf damaes fmm si dewalk OiPlit or CSAIAGGWFOJ ) Cow,:il Member Bradshaw sai d okay, good. What this allows is for people to build fences right up to the sidewalk if they sign a waiver, because they would be encroaching on the one foot that we always held back in case ther, .. would be damage to any thing they would put there. But if they sign a waiver, then it is their liability. Mayor Garrett said we want this lan guage inserted into the ordinance. Ms. Bradshaw said right. Mayor Garrett said arc we all clear on what we arc voting on? Any other comments? Council Member Wolosyn said will this go on second reading or docs it go back to first reading? City Attorney Brotzman said it will be published in full and come back to you one more time if you include the aJtemativc language . Mayor Garrett sai d we will see it one more time. Vote nsulll: Motion carried. Ayes : Council Members Biun,ntine , Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None (ii) Council Bill No. 16 vacating rights-of-way on three parcels located within or adjacent to the Littleton/Englewood Wastewater Trcatmcnl Plant was considered . Council Member Bradshaw sai d this cleans up the land ... all thar land then is all cleaned up down there? So everybod y knows who owns what:· Okay. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (II)· ORDINANCE NO. 31, SERIES OF 2005. ORDINANCE NO . 31 , SERIES OF 2005 (CO UNCIL BILL NO . 16, INTRODUCED BY COUNCll. MEMBER WOLOSYN) AN ORDINANCE VACATING THREE PARCELS Of THE RIGHT-OF-WAY LOCATED WITHIN OR ADJACENT TO THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (lJE WWTP). Mayor Garrett asked if there were any comments or disc ussio n. The re were none . Vote results: Ayes: Nays: Moti on cu rried . Council Members Barrentine, Moore. Brad shaw. Garrett, Wolosyn, Wood w:u-d, Tomasso None (c) Reso luti ons and Motions • • • • Englewood Cily Council July 11, 2005 Page 11 There wcrt no ad diti onal reso luti ons or mot ions sub mitted fo r ap prov al. (Sec Agenda It em 9 -Consc nl Age nd a.) 12. General Discussi on (a) Ma yor's Choice (i) Mayor Garren sa id 1 would li ke to po int out th at due 10 the hard work of some of the Council members here . th e Ci ty of Englewood was a panici pant in th e Habi1a1 for Humanit y project and I want to show the pl aq ue they awarded us at the ope ning. Thi s should be on display so mewhere in City Hall . It was a very nice ceremony and I would like to thank several members of City Council who did a lot of work over there . The house came out very ni ce . Counci l Member Bradshaw sa id I ca n't believe the difference, it is gorgeous . (ii) Mayor Garrett sa id we had thi s discussio n during the Board and Commi ss ion interv iews , but I don't think we ever formally talked abo ut it The provisio ns on Code Enforcement suggest that we ha ve a second Council liai so n. Jim had talked about being a pan of that and I just want to make sure that we are all on board with that one. We talked about it, but we didn 't addre ss it in formal sessio n. Jim is the sec ond liaison for the Code Enforce rr.cnt Advi so ry Committee, because the Charter provid es for a second one. Council Member Bradshaw sa id oh good . Mayor Gsrrett said he volunteered for th at. Ms . Bradshaw said because we had two on at the very beginning. Mayor Garrett said yes and one member resigned from Council and had not been l'<'p iaccd . (b) Council Members ' Choice (i) Council Member B!!JT'Cntine : 1. She said I wanted to let everybody know that Positi vel y Englewood held their third bike giveaway for the 4111 of Jul y. Si nce we have been doing a lot of th is with Parks and Recreati on ... di spl ayi ng the bikes over at the Recreati on Center ... Parks and Recreation youth member Rebecca Laughlin , was ni ce enough to get an organization that she works wit h to help us. We YiCnt over to Bellev ie w Park for thi s pan ic ular give away. We had approximately 30 kids pic king up trash and if th ey gave us a bag of trash th at th ey picked up in the park , they go t an entry for th is bike that we gave away that da y. We had about 30 of them . We got a nice picture of them in fr ont of thi s whole big pile of trash. That park rea ll y looked pretty dam clean whe n we. were leaving so I was pretty impressed, with at least our section of it. And what th e girls did , which I appreci ated. was to make sure that as many people in that park that were there for the 4th of July fe stivi ti es knew about what we were doing . So th ey gave peo pl e a tra sh bag, a fl ye:-and explained what we were doing . We had a fi ve year old . a very nice young man named Tyler, who had won th e l ike the month before in a drawi ng, pick the name so that we wo uldn 't have any things going on there . He was \'1.•ry cute . HC" picked th e name out and a yo ung teenager, a young man who had just go tten his fir st summer job., .unfc nun atel y, also had just go uen hi s bike stolen a couple of months before. So he was rea lly gntcful to have that new bike. We just had a great time . It was a great eve nt. I wanted to extend my thanks for supponing th at and note th at the Parks and Re creati on Com mission has also have bee n very supp01 ·ve of 1he thin gs th at we have bee n doing . We arc tryin g to co me up with our next one fo r Augu st. We wi ll be putting up so me advenisement fo r th at. J wa nted 10 say thank you to her and her family and also thank s to Positively Eng lewood fo r continuing wit h thi s. I: has been ve ry nice 2. She said th ank yo u to all th e peo pl e who serve on Board s and Co mm issio ns. I did stan , as Mayor Garren sa id, on the Liq uor Board as soon as I moved into Englewood . It was an excellent way to get to know other peo pl e in the co mmunit y and the issu es that were going on. I ca n't tell yo u how imporl ant it is and how mu ch I appreci ate whe n people take the time , whether it is so meth ing with Pos itively Englewood or the hard w1.•rk th at yo u do on the Boards and Co mmi ssio ns to help the Ci1 ') function and give th e citi z.c ns in th is co mmunit y a voice . 3. She said I wanted to also thank Rick. Public Works see ms to be co ntinuall y in the mi dd le of 1he fray of th ings. The first one wa s fo r the Women 's Ope n Golf Class ic . We had a citize n who lives 'JP by the Denver Se minary had a co ncern and tryi ng to be proactive, because so many of th ese thin gs , once they are done , it is a lilt le Englewood City Council July 11 , 2005 Page 12 h11rd ... yo u arc in the middle of it . it is 100 ha rd 10 put something 10,gcth t r . I tal ked to him du ring the course of that week, ve ry earl y on he went out there , checked, fo un d out that there was going to be II huge parking problem for that community over there . They were able 10 put up so me signs req uestin g people be con sid erate of the co mmunity . It worked. They were very happ y. They didn't have a pro ble m. There is no way of know ing that so met hing m.:c the Women's Open will get the attenti on it !!D I, when yo u've ga l a few pla ye rs that all of a sudden start getti ng a lot of putlicit y. So they were ve ry proactivc ... thc community. and 1hcy were ve ry happy . I go t seve ral ph unc calls from peop le who were just very impre ssed with the way yo u handled that. She sai d the las1 one was th e concrete issue . Ago.i n, 1 just really apprecia te that you jumped on it as fas ,· as you dicl w!lh someo ne wh o wanted to buy in on that concrete program . She said as weird as it seems. I just like that I li ve in n City where people care enough . A woman who had talked to All Soul s about their de vel opmen t and just wa nted to keep her little piece or the view or th e mountains and he was instrumental ... and seve ral people, including Ladd .. in ma1<ing sure that the y kepi to their original pl an. so that this woman cou ld, as they agreed on in the hr.ginning or that dcvc.lopmcnt, keep her littl e view of the mountain s and those kind or things arc important . I wantrd to tell you thnnk yo u ve ry much , as usual . It is just fantasti c being in Engle wood , so thanks . (ii) Council Member Moore sa id I enjoyed the fireworks show . It was a beautiful di splay . (iii) Council Member Brad shaw: I. She sai d I enjoyed ii 100. Thank yo u Public Works, or Michael in panicular, for gelli nP, 1he sign for our block . I live on South Elati Drive and the first year we didn't ha ve it ... a barricade ... and we had 50 cars just park on our block and the tradition of our neighbo rhood is to sit in the cul-de -sac and watch l'le fireworks di splay as a group and there wa:; no room to do that. So, thank yo u Michael. I really appreciate it. • 2. She sa id th e othe r thing I have is the Relay for Life is going to be h1.ild at Dcllevi.:w Park A1.1 gust 20-21 • and Gabriel Allen asked me to talk to Council about waiving the fee for the banner. This is a fund rai ser for Cancer and the fee is $150 .00 to put a bann er up . They did get the banner donated by someone, which is awesome , so I would like to put it before Council in the form of a motion that we waive the fee for the Relay for Life banner. Council Member Wood ward said they ha ve a spo t re se rved alrea dy on Broa dway ? Ms. Brad shaw sa id the y have a spot rese rved th rough Ri ck. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO WAIVE THE BANNER FEE OF $150.00 FOR RELAY FOR urn. Ma yo r Gnrren :i :;ked if th ere was any di scuss ion . There was none . Vole results: Motio n l. 'lrried . Ayes : Counc il Membe rs Barren tin e, Moo re . Brad shaw, Garrett. Wolosy n, Woodward. Tomasso Na ys: No ne Co unci l Mem ber Bradshaw said th :nk yo u. I arr. a ca ncer survi. ~:-. so they also asked i ~ I would re ad th at proc lamati on 1ha1 night . unles'i you wo uld like 10 do th at. Okay. so I will take that dow n 10 them . Thunk yo u. (iv) Co uncil Member Toma sso sai d r would like 10 th ank Darren Holl ingswo rth fo r trying to re tain an Englewood busi ness that is mov in g. Thi s will be the la st weekend , I believe, fo r "Weekend Books" which is localed on Sou th Broadwa y be twee n Bale s and Amh erst. Ms. Brad shaw sai d what is it ? Mr. Toma sso sa id "Weeke nd Books" is a book store that is open Fnday , Sa turd ay and Sunday . There was n chat1ge in landl o rd s. They met the landl ord once and dec ided lu mvve. Darren rn lkcd to them and tried to find them a new loca ti on in Englewood and has n't been su cce ss ful . but he did co ntact them. So, I we,,1ld like to !h ank him for hi s effons. • (v) Co uncil Membe r Woodwa rd: • • • E nglewood City Council July II, 2005 P•g• 13 I. He sai d I wa nt 10 co mpliment Neig hbo rhood Watch and !he Ci 1y of En glewood and South Suburban vn the 4u-of Jul y , clebrntion at Cornerstone and Belleview Park. Also. Safet y Services did a great job, in my opinion . in scning peo ple in and ou'. and kee ping th em safe . So thanks Chris and please pa sc; 1ha1 on. 2. He said alsr.. wanted to co mment . I think like Lauren had menti oned , that I am really impressed with 1he quality of the peop le that come fo rth for Boards and Com missio ns. Thi s is the second lime that I have been in vo lved in the interview process . It is a real pica .urc to sec all these people and the qua lity of the people that arc co ming fon h. (v i} Coun cil Member Wolosy n sai d two weeks ago Transit Alliance held their quanerly meeting here and I wan ted to thanl Susa n Werntz and Sue Bradshaw for helping me host a very success ful lunch . They made us look really good. 13 . City Manager's Report (a) Ci ty Manager Scars said I rea ll y don't havt: any thin g other th an th e rcqutst for :he Brian Mueller 1 • ..,~.: «aiscr/Golf Tournament. Counc il Member Bradshaw said I'll sec what money we have . Mayor Gnrrcu said that info rmation will be helpful . Ms . Brad shaw sa id okay . Council Member Woodward sa id Your Honor, I ha ve one other questi on. Do we ha ve a date set fo r the Boards and Commi ssions Ice Crea m Social? Mayor Garrett said not yet:. City Manager Sears sa id one suggestion was the meeting in August. But that is up to the Council to make that decision . We can hold that at a Di strict mee ting and possibly have recog niti on for the Board and Commission members that night. It was dc1crmincd lhat Counc il Member Moore is hosting that meeting . Counci l Member Moo re sai d wi ll i i just be in co njuncti on with the neighbo rhood meeti ng? Mayo r Garrett said il wou ld be whether we wanl 10 have both the sa me night . or try to se parate the two e vent s. Mr. Moore said I'm fine if we co mb: ned the two events. Cou ncil Member Wolosyn said I was thinking of Romans Park. Mr. Moore said that wou ld be ni ce for that. Let 's do that. Ma yor GilITe tt said th e 22 nd of Augu st I think is the Co mmunit y Meetin g. We could have it at Romans Park and invite the Board ,; nnd Commi ssion~ 1l.l co me . Coun ci l Member Bradshaw said yes , that m:i.kes sense to me. Cit y Mana ger Sears said John. then we would ~till ha ve so me time fo r a neig hborhood com ment s sec tion. Mr . Moore sa id st an with the meeti ng and then adjourn 10 the Ice Cream Soc ia l. 14 . City Attorney's Report (a) City Attorn ey Brotz man sa id I ha ve one matter, which is the se tt lement of Harr iso n c~se. As Pirate s Cove wa s being constructed we ran a wa ler line ac ross th e park . Ms. Harri son fell at the Li on's Club trai n and was injured seve rely. The in sura nce co mpany for lh e subco nt ractor in thi s matter has indemnified the City . They arc se ttling thi s matt er for half o. million doll ars , so my requ est is to acce pt that settlement th at the subcontra ctor pay Ms . Harrison that. Englewood City Council July II, 200S Pnge 14 Ma yor Garrett said thi s is not proceeds of 1hc Ci ty7 Mr . Brotz man said no, it is co ming directly from the in surance co mpany fo r the subc ont rac tor. Ma yor Garrett asked if there were any questio ns for Mr . Brotzman re gardi ng th e scn lc mcn1 . Council Member Bradshaw said it is reall y un fon unalc COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE SETTLEMENT OF THE HARRISON CASE FOR $500,000.00. Mayor Garrett asked if there was any di sc ussion. There was none . Vol< results: Motion carried. Ayes : Cou nl.!i l Members Barrentine , Moo re , Bradshaw, Garrett, Wol osyn, Woodward , Tomasso Nays : None City Attorney Brotzma n said in cc-njunctio n with that ... from the outs ide counsel Y.'Orking on th is case, we wo uld like to show our appreciation to Ri ck Kahm and hi s staff. and especially Dave Coffman for track ing thi s case. Da ve's hard work was large ly responsib le for the fault being found to be the subcontract or. Mayor Garrett sa id than k you very much . 15. Adjournment • • •