HomeMy WebLinkAbout2005-11-07 (Regular) Meeting Minutes•
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I. Call lo Order
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
Novembe r 7, 2005
The regular mecring of the Englewood Cit y Council was called to 1Jrdcr by Mayor Garrell at 7:30 p.m.
2. Invocation
The invocation was given by Council Member Barrentine .
3. Pied&• or Allegiance
Boy Sco ut Troop 199 presented the Col ors and led the Pledge of Alle giance.
4. RoU CaU
Present:
Absent:
A quorum was present.
Council Members Tomasso, Moore , Barrentine. Gancu, Bradshaw,
Wolosyn, Woodward
None
Also present: City Manager Scars
City Attorney Bro~man
Deputy City Manager Aahcny
City Clerk Ellis
Deputy Cit y Clerk Bush
Director Olson, Safet y Servi ces
Director Gryglcwicz , Finance and Admini strative Ser vices
Police Di vision Chief Vandcrmec, Safet y Services
Director Ingle , Information Technol ogy
Director Long, Library
Direc1or E.o.ton , Human Re so urces
Direc tor Simpson, Community De vel opment
Di rec tor Bla ck, Parks and Recreation
Direc tor !:ahm , Publ ic Works
Ma na ger Stitt , Community Devel o pment
Court Admin istrator Wolfe
5. Consideration or Minutes of Previous Session
(a) COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO AP~ROVE
THE MINUTES or THE REG ULAR CITY COUNCIL MEETING OF OCTOBER 17, 2005.
Mayor Garrett asked if there were any co mments or co rrecti ons. There we re none .
Vot:-: results:
Motion carried .
Ayes: Co unc il Members Barrentine. Moo rt• Bra dshaw , Garrett , Wolos yn,
Woodward. Tomasso
Nays: None
Englewood Cily Council
NO\·ember 7, 2005
Puge 2
(b) Cit y Council Reco gniti on a nd Swear in g In .
(i) Co mm e nt s and recog niti on of familie s and/or gue sts by th e departing members of City
Counci l.
Mayor Ga rrett said th ere arc a coup le of us lea ving this evening . Thi s is o ne of 1hc great things abo ut our
soc iety ... thin gs ro1a te in and out and gove rnm en t see ms 10 go on .
Cou nci l Member Bradshaw sa id first of all I would like to thank the ci tizens of Englewood for their co nfiden ce and
trust. It ha s been a fun ride . It ha s been an honor and a cherished pri vi lege to serve all of yo u. Scr.o ndly, I would
like 10 thank all my colleag ues on Co un cil. At limes we so ugh! different visions for our Cit y. but the beauty of
compromi se and respect for each other go! us thro ugh the proce ss ... and the process that started eight years ago was
a long one. I know how difficult some of our deci sions have been for all of us . Thank you for being hone st, dec ent
and always pullin g the interest of the ci ti zens fir st. To staff ... wi tho ul a doubt our s1aff se rves our citizens with class
and respect. I've enjoyed working with all of you. for o ur Cit y. Gary and Dan always kept the concerns of Council
and our follow through directi ons. however obtuse they might have bee n at time s. as the ir focus . Thank you . It has
been an honor and a joy. I wish the new ly el ected Council all th e best. I co uldn 't have pi cked a better Council to
walk in here . Thank yo u. There was applllu se .
Mayor Garrett sai d my comments arc equ all y similllT . First, I wou!d li ke 10 thnnk my family for putti ng up with thi s
effort for th e last eight yea rs. The y ha ve had to make so me sac rifice s so that I co uld do thi s, so I'm very
appreciati ve. Also, I would like to thank Clyde Wiggins, who was my predecesso r on Counci l. wh,,, one February
day stopped me in the hallway as I was interviewing fo r a Board :md Commission a1~d said "have yo u ever thought
about running for City Council?" and of cou rse my re sponse was ... nc ver . Lnter on thni. summer he pushed, said
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why do n't you run and I did and for that I'm ap preciative . I also want to thank this Council and the prior Council s •
for givi ng me the opportunity, o er th e last four years. to be in a leadership position . It ha s hccn a growth
experience for me and J am very appreci:nive of that. Al so . I wa nt to pay my respec ts to the City staff. On e of the
great surprises I had . as I just had not expec ted it , is the dedicated empl oy ees that,,.: have in the City . They arc
co nstantly working very hllTd fo r the ci tize ns here . It doesn't mean we always do the right thing, but our heans arc
usua ll y in the right pla ce. which is ve ry imponant. I also wa nt to th ank Dan and Gary . Gary and I came on about
1he sa me lim e, so that was a wonderful th ing . We have gotte n to know eac h other and I like the support you ha ve
alwa ys given Counci l. .. the honest directi on you have always given us and I am very appreciative of that. And Bev ,
I want to thank you. because we came on toge ther and the one thing that l rea lly have enjoyed is yo ur eitperie ncc
a nd yo ur know:edge of thi s community. That ha s been an asset ro thi s communit y and thi s Counci l fo r the last eight
yt"ars and I think it will be missed. I apprecic.te th at l also want 10 thank 1he ci ti ze ns fo r giving me the opponunity
to serve the 41b District for the last eight years. I don't know why th ey had confidence in se nding me here, but I am
i,;."ateful th :i t th ey did . And th e last person I wa nt IO th ank is someo ne who is no longer with us and thut is my Dad
who :aught me that giv ing is the bes t thing one ca n do and I apprecia te that le sso n. Th ank yo u. There was applause.
(ii) A toke n of app recia ti on wa s given 10 the departing City Co un ci l Members.
Mayor Pro Te rn Wo!osyn presen ted Mayor Ga rrell and Counci l Member Brnd shaw with a plaque a nd fl owers from
Cou ncil and staff. Th ere was applau se.
Mayor Pro Tern Wolosy n said I am sure I speak for all of Co uncil whe n I say that yo u ar c bo th g.1i ng to really be
mi ssed . And for me. in panicular. as I ha,•e wo rked wi th bo th nf you during my ent ire six years on Co un cil and I
have learned so mu ch. Stay in touc h.
(iii) Mayor Garrett asked th e Ci ty Clerk 10 announce th e s1atus of the election .
Cit y Cle rk Ell is sa id. based on the unofficia l electi on res ults. the newl y e \eclcd Council Members arc : Co uncil
Mem ber Di stri ct 2 . John Moo re. Co unci l Member Di stri ct 4 • Wayne Oakley. Co un ci l Member At -Lnrge, 4 year •
term • Jim Woodwa rd and Co uncil Mem ber At -Large. 2 year te rm -Doh Mccaslin .
(iv) Ci ty Co uncil m·1de a dc1crmina tion of the electi on and quahfi ca1io ns of its membershi p.
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Eng lewood Clly Cou ncil
November 7, 2005
rageJ
co ur CIL MEMBER BRADSHA w MOVED, AND IT WAS SECONDED, TO ACCEPT TH E ELECTION
RESULTS.
Mayor Garrett asked if there was any di sc uss ion. There was none.
Vote results :
Moti on carried .
Ayes : Cou nci l Members Barrenti ne, Moore . Bradshaw, Ga rrett , Wolosy n,
Woodwa rd, Tomasso
Nays : None
(v)
There was applause .
The ne w City Co uncil Members were sworn in by th e Honorable Jud ge Vincent Atencio .
(vi i Brief Rece pti on.
Ma yor Garret sai d we a.re going to have a brief intermi ssio n and I invite yo u next doo r for 11 reception for our new
Counci l members and our re-elcc1:d Counci l membc--e .
Council recessed Bl 7:40 p.m. fr.,r a brief recepti on.
The meeting reco :wcned at 8:09 p.m .
(vii) The new members of City Cou ncil were seated in temporary spaces, ar.d the senior
membor or Ci ty Council, Olga Wolosyn, asked the City Clerk to call the roll or the members or t ,c City Council .
Roll Call
Present:
Abse nt:
Co unc:I Members Tomasso , Moore , 811ITcntinc, Oakley, McCaslin ,
Wolosyn, Vi uOd ward
None
Council Member Wolosy ri stated we haven qu orum .
{viii) Co unci l Member Wolosyn called for nominatio ns for the offi ce of Mayor.
COUNCIL MEMB ER WOODWARD MOVED, AND IT WAS SECONDED, TO NOMINATE CO UN CIL
MEMBER WOLOSYN FOR THE OFFI CE OF MAYOR OF THE CITY OF ENGLEWOOD.
Moti on carried.
Ayes : Council Members Barrent ine, McCas lin , Moore, Wolosy n, Woodward ,
Tomasso, Oakley
Nays: No ne
Ms. Wolosyn sai d 1hunk J ,u very mu ch. There was applnu sc,
(ix) Ma yor Wolosy n ass umed the Chai r.
Mayor Wolosyn called for nomin at ions fo r th e office of Mayor Pro Tern .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO NOMINATE COUNCIL
MEMBER WOODWARD FOR THE l)FFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD.
Ayes:
Nay s:
Motion carried .
Co uncil Mi:mbcrs Barrentine , McCas lin, Moo re, Wolosy n, Woodward,
To masso, Oakley
None
Engl ewoo d Ci1 y Co un cil
Nove mb er 71 200S
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(x) Perm ancn1 se:uin g ass ignme nt s we re gh·cn.
(xi } Fam il y membe rs and guest!, of Council Members McCaslin a nJ Oa kley were rccog n. :ed.
Ma yor Wolos yn sil id I wo uld li ke to congratul ate ti1e new mem be rs of Cit y Co unci l :md I would also lik e to
recog nize their fam ilies in allendance. If yo u would all s1and up plea se. T here was app lau se.
6 . Reco gnition of Scheduled Public Co mment
There were no schedul ed vis it ors.
7. Reco gnillon of Unscheduled Public Co mment
(a) Ma rk Sw anso n, 283 6 South Sher man , said my co ncern is over buildin g pe rmits. In 2004 I wns
iss ued a buildin g permit for a fence a nd June of 2004 it wa s revoked by the Planning and Zonin g Depa rtment In
Jul y of 2004 I wa s granted a hearing with th e Zo nin g Commiss ion to int erpre t and cl ari fy the use of pro hibiti ve
materials. At th at heari ng. the material I was going to use, whi ch wa s tel ephone po les fo r fe nce posts , was appro ved
by 6 ayes and I nny. On 10/2 1/04 1 purc ha sed ~ perm it to bu ild the fe nces and retaini ng wall s al 2836 South
Sherman and 28 40 Sou th She rma n Str r.e t. In August, which is a month after I was gran ted that pe rmi ss ion to use
that materi al, th e Englewood Pla nnin g and Zo ning Depart me nt start ed a stud y gro up foc using on m:nerinls ... their
toxic it y or what have yo u ... and thal law was amended and posted in the Englewood Hera ld. Now I do n't sub scribe
to th e Englewood paper , but I do li ve next doo r to Don Roth who is a Commiss ioner on th e Zo nin g and heari ng
boa rd and I have been in and out of the Buil di ng Departme nt , and in and out of th e Plan ning Depart ment and I was
neve r advi sed of any of thi s. Now 1hey refused 10 rei ss ue that pcrmit. .. l don't know on what ground s ... but the
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permi t th at I have states that "th is pe rmit expi res (this is note to the app li ca nt ) th is permit exp ires 180 days after •
issuance unl es s work is starte d by that time." Now my wo rk was started by th at tim e and th e delay in buildin g th ose
re tai ni ng v·all s a nd erecting th at fe nce was proc ur ing those fr om Pu bli c Se rvi ce, whic h has a wa iting li st fo r
char it ies, li rst. I was pul on the bonom of that li st, beca use of m:• per mi t be ing de layed in 1he fir st place or bei ng
re voked. So my questio n to the Council is fo r them to interp ret this pe rmit and tell me wheth er thi s perm it is va lid
or not. Tha nk yo u
Mayor Wolosy n said thank yo u. At th is time I will as k sta ff .. since ma ny of us are not co mple1ely acqua inted wi th
1his case ... to give us an updat e in our pac kets. Thank you.
Mr . Swanso n said oka y, th ank you.
(b) Zac hary Brinkerhoff said I am fr om anoth er city, but I just wa nted to say wha t a pleasure it has
been comi ng a nd sharin g and spc;i king brforc th e Ci1 y Co unc il. I represent ren ex ology ... 1he Modern ln sti1 u1e of
Rcne xo log y. I wan t 10 th ank yo u fo r the co nsid erat ion of se para ting refl exology fro m massage . I th ink great wo rk
ha s bee n done. Two wc l!ks ago I wa s at a meeti ng and I sec one of the m:w men.b :rs who was el ec ted.
Congratulat ions to all of you who arc new and I apprecia te th e wo rk of all th e old hcu ds :o ge t thi s Bi ll 52 up ... so I
expect it is go in g In ge t pa ss ed 1oni gh1. We will fi nd out in a minulc . but tha nk yo u ver y much. Th e Cit y Att orney
did a good job. I co mmended him at the mcclin g two wee ks ;1gu fo r doing th e gor,d work. Tha nk you ve ry much.
There was a pplause.
(c) Nicole Ferr Jri . 3303 So ut h Co rona Strc cl. said I am a board membe r fo r Engle wood Unl eashed .
just came here 10 th ank yo u guys fo r th!! wonderful year that we had this past year and fo r all your support and help.
We are reall y looking fo rwa rd to th e nex t co up le of yea rs of jusl fos teri ng th e rel ati onship !ha t we have with the City
and wit h the co mmuni ty. And , on be hali of our membe rs and our orga nizalio n. I wan lcd to 1hank you guys. We are
j u!il rea ll y CX('iled abo u1 1hc ne w Cit y Counci l and fu ture rel atio nship s. I j us1 ha ve a few items for the new Co un cil
membe rs and calenda rs fo r th e rcs1 of yo u guys Thank yo u.
8. CtJ mmun ic ati ons, Produmat lo ns and Appointmen ts
There we re no i.:ommuni i.:ations, pr0i.:lama11ons m :1p1xi intmcnts. •
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Englewood City Council
November 7, 2005
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9. Consent Agenda
(a) Appro va l of Ordina nces o n Firs! Readin g
There were no add iti onal item s submiued for app ro val on fir st readi ng. (Sec Age nda It em 11 .)
(b) Approva l of Ordinances o n Second Reading
There were no additio nal items submitted for aprrova l o n seco nd reading. (See Agenda It e m 11 .)
(c) Re so lut ions and Moti ons
There were no additional re so luti ons or motions submiu ed for appl'\,\;il. (See Age nda hem 11.)
10. Public Hearing Items
No public hearing was sched ul ed before Counci l.
11. Ordinances, Resolution and Motions
(a) Appro val of Ordinances on First Reading
(i) Director Olson pre sented a recommendati on from ie Department of Safo1y Services to
adopt a bill fo r an ordinance approving a Federal Eq uit able Sharing Agreement with the Unit~d Sta1es Department
of Ju stice. He said this is a standardized agreement 1hat all ows us, upon fo rfeiture or seiz ure of certain propenies, to
share that. .. basically, al lowing the Feder.d government to share with us. It is standardized and we have had these
for several years . And it has proven to be beneficial in the past. There is no financial impac t related to this measure,
so I ask for your acceptance of this ordinance .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APP ROV E AGENDA
IT EM 11 (a) (I) • COUNC IL BILL NO. 54.
COUN CIL BILL NO . 54, INTRODUCED BY COUN CIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORlZ ING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"FEDERAL EQUITABLE SHARING AGREEMENT" BETWEEN THE UNITED STATES DEPARTMENT OF
JUSTI CE AND THE CITY OF ENGLEWOOD, COLORADO PERTA INING TO THE DISBURSEMENT , WITH
RESTRICT IONS, OF FEDERALLY SEIZED OR FORFEITED CAS H OR OTHER PROPERTY .
Mayor Wolosyn asked if th ere was an y di sc ussion. There wa s no ne .
Vote results:
Motion carri ed.
Ayes: Council Members Barrenti ne, McCaslin , Moo re , Wolos j n, Woodward ,
Tomasso, Oakl ey
Na ys: None
Director Ol so n said th ank yo u vcr .. much.
Mu yo r Wolo~y n said thank yo u Chri s.
(b) App rova l ofOrdinam.::es on Seco nd Rea ding
(i) Council Bill No. 52, as amended. addin g a Renc xology Li ce nse in Ti tl e 5 of the
Englewood Muni cipul Code was considered.
Englewood City Co uncil
No ve mb er 7, 2005
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COUNCIL MEMBER TOMASSO MOVED , AND IT WA S SECONDED, TO Al'l'R OVE AG EN DA IT EM
11 (b) (I) -ORDI NAN CE NO, 54 , SERIES OF 2005 .
ORD INANCE NO . 54. SE RI ES OF 2005 (COUN CIL BILL NO . 52. INTROD UCE D llY COUN CIL MEMBER
WOODWARD)
AN ORD INANCE AMEN DIN G T ITLE 5. OF THE ENGLEWO OD MUNI CIPAL CU DE 2000 WITH THE
ADD ITIO N OF A NEW CHAPT ER 8, PERTA INI NG TO REfl..EX OLOGY .
Ma yor Wolosy n asked if there wa s any di scuss ion . There wa s none .
Vote r esults :
Motion ca rri ed.
Ayes: Council Members Barrentine, McCaslin , Moo re, Wolosyn, Woodward,
Tomasso, Oak ley
Nays : No ne
(ii ) Cou ncil Bill No. 53 , ame nd ing secti ons of 1he Englewood Municipa l Code pertain in g to
Massage Ther apy Licensing was considered.
COUNC IL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APrROVE AGEN DA ITEM
11 (b) (ii) -ORDI NANCE NO. 55 , SERIES OF 2005.
ORDINANCE NO . 55, SER IES OF 2005 (COUN CIL BILL NO . 53. INT ROD UCE D BY COUNCIL MEMBER
~RADS HAW )
AN ORDINANCE AMENDI NG TITL E 5, CH APTER 5, SECTIO S 2 AND 3, OF THE ENGLEWOOD
MUNI CIPAL CODE 2000 PERTAINING TO MAS SAGE THERAPY EXE MPTIN G REfl..EXOLOG ISTS AND
CLARIFYI NG INSURANCE REQUIREMENTS.
Mayor Wolo syn as!,;cd if th ere wa s any discu ss io n. There wa~ no ne.
Vote res ults :
Mo tion carried .
Ayes: Counc il Members Barrentine, Mccaslin , Moore, Wolosy n, Wood ward,
To ma sso, Oak ley
Na ys: No ne
(c) Reso'utions and Motions
(i) Director Grygl cw icz presented a rcc ommer.dati r.n fr om the Depa rt ment of Fi nance and
Ad mini strati ve Sc r·,•ices to adopt a Resolu ti on establi shin g fee s for Refl exo logy lice ns in g. 1-Ie sa id thi s pertai ns to
!he ordi nance that wa s just passed on seco nd reading, sett ing th e fee s fo r th e reflexo logy li cen ~c appli cat ion,
backgro und check, licen sing fee and refl ex ology if a ma ~s agc th erapi st is already lice nsed w11h th e C11y.
COUN C IL MEMBER WOODWARD MOVED , AND IT WAS 5 r ,:0 Nm:D, TC• APPROVE AGEN DA
IT EM II (c) (i) • RES OLUTION NO . 85, SERIES OF 2005.
l!ESOLlJfl ON NO . 85. SERIES OF 2005
A RESOLUTION EST ABLIS I-II NG FEES FOR REFLEXOLOG IST I.I CENS ES UNDER TITLE 5, CHAPTER 8,
OF TH E ENG LEWOOD MUN ICIP AL CODE 2000 .
Ma yor Wol osy n us kcd if there wa s an y di scu ss ion. Th ere was none.
Vo te res ults:
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Englewood Ci ty Council
November 7, 2005
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M oti o n carried .
Ayes: Co un ci l Members Barre nt ine, McCas lin, Moo re. Wolosyn, Woodw:ud ,
To ma sso, Oakley
Nays : None
12. General Discussi on
(a) Mayor's Choice
(i) Mayor Wolosyn sa id all I want to do tonigh t is th ank all my fe ll ow Co uncil members for
electing me to be Mayo r. I wilt take thi s respo nsibility very seriously and I'm looki ng fo rward to what I th ink will
be a preuy qui ck learning curve . I know I will ha ve the support of all of yo u, whic h I will depe nd upon.
(b) Counci l Membe rs' Choice
(i) Council Me mber Barrentine:
I. She said I want to congrat ulate the new mem bers of Co un cil, who we re rece ntl y elected and yo u ccnainly
have so me big shoes to fill . And Ol g, I om looki ng forwnrd to your leade rs hip and wor k on thi s.
2. She said I wa nt to lh ank the refle xology people who kep t co ming and arc much wiser about local
go vernment, si nce you have atte nded most of our meeti ngs over th e last couple of months.
3. She said I also want to remind everybody, m y fa ther has passed away, but he served in the Armed Forces,
and today is Veterans Day. I just wa nt to bring a little remembrance to the people who are servin g o ur Country in
the Armed Forcci, a.td how important that i~ to o ur freedom and the process that we have here in th is City and in thi s
Cou ntry .
(ii ) Co unc il Mem ber McCaslin said I wo uld just like to thank my fami ly ... my lovely wife,
my Mom and Dad who ha ve lived here fo r 57 years in the sa me ho use in E nglewood; my broth crs .. .John, Pat and
Bill y who all he lped o n th e campaign a nd their better halvcs .. .JD and Valerie nnd my nephews and my nicre. I
would really like to th ank everyo ne in Englewood who vo ted for me and eve n if yo u d idn 't vote for me, th ank yo u.
(i ii} Council Member Moore sa id I wo uld lik e 10 welcome Bo b and Wayne. This is a great
Co uncil and J look fo rward to wo rk ing with e veryo ne the nex t fo ur years. I would like to th ank th e Englewood
voters for another opponunit y 10 serve. The fi rst fo ur yca,5 has just bee n a tr e mendo us learni ng experience. It has
been a great o pportunit y and I look fo rward to th e next fo ur . Thank yo u.
(iv} Council Member Oakley said I wo uld like 10 th a nk the lo ,•e of my life ... my wife of 49
years, Jennie. She had 10 leave as I think m y granddaughter was getting a little carri ed away back there , but witho ut
her help, her sup port and her future sup po n . I ccna:nl y wouldn 't be si tting here. And I wo ul d like to thank the
c iti ze ns of E nglewood fo r giving me the c hance to serve. Thank yo u.
(v) Co uncil Member Tomasso :
I . He said 1 wo ul d like to welco me th e new Cou ncil members.
2. He said I wo uld like to th ank Leigh Ann Hoffh ines for the wonderful reception she had for the 50
part icipants in th e calendar c-o ntest. It was a re all y wo nd erful evening.
(v i) Council Me mber Woodward said I wo uld certainly li ke to welcome Bob a nd Wayne to
Co uncil, also. I wa nt to th a nk the ci tize ns fo r the o pportunity to serve fo r a full e lected lerm a nd serve as Mayor Pro
Tern . I a lso wa nt to ackno wledge my fam ily a nd extended fami ly a nd friends that hel ped o n my campaign a nd
hr-Ir ' me thro ugh th e last couple of mo nths. I also want to mentio n 1ha1 we had lhrce gucstli he re earlier, th e three
Imo \ Board membcrs ... He ather Hunt. Shel le y Thompso n and Scott Gorsky . They were here a nd left early. I
Englewood Clly Council
Novcmbtr 7, 2005
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am loo king forwa rd lo working with t~e Schoo l Bollfd, as a Co uncil member, and I think 1ha1 we may ha ve so me
real opportunitie s 10 partner in Englcwood ... poss1biy li ke we ha ve n·, had before . Thank yo u.
13. City Manager's Report
City Manager Scars did no1 have any mnucrs to bri ng before Counci l.
14 . Clly Allorney's Rc1iort
City Attorney Brotz man did not have any matters co bring before C".ounci l
15. Adjournment
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