HomeMy WebLinkAbout2004-09-07 (Regular) Meeting Minutes•
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I. Call to Order
ENGL EWOOD CITY COUN CIL
ENGL EWOOD , ARAPAHO E COUNTY , COLORADO
Regular Session
September 7, 2004
The regular mee ting of th e Englewood Ci ty Co unci l was \~al led tc., ord er by Mnyor Gnrrc lt at 7:35 p.m.
2. Invocation
The invocation was give n by Counci l Member Barrentine .
3. Pledge ol Allegiance
The Pledge of Allegiance was led by Mayo r Garrett.
4. Roll Call
Present :
Absent:
Council Members Tomasso , Moo re, B:irrentine, Garre tt , .B radsha w,
Wolosy n, Woodward
None
A quorum was present.
Also present: City Manager Scars
City Al!Orncy Brotzman
Assistnnt City Manager Aaherty
City Clerk Ellis
Director Ol so n, Safet y Services
Er.g inecr IV Hend en.o n, Publi c Works
Engineer 11 Nimm •J, Public Works
Traffic En gi neer Ves try, Public Work s
Director Blaci, Parks and Recreati on
Go lf Operations Manager Sp ada
Seni or Planner Langon
Director Simpso n, Co mmunity Dc v~lopm e nt
5. Co nsideration of Minutes or Previous Session
(a) COUNCIL MEMB ER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPRO VE
THE MINUT ES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 16, 2004 ,
Ma yor Garren asked if there we re any comm en ts, co rrecti ons or questi ons. Th ere were none.
Vote results :
Motion carried .
Ayes: Co unci l Members Barrentine, Moore , Bradshaw , Ga rren, Wolosy n,
Woodward , Tomasso
Nays: None
6. Recognition ofSchedul ~-d Public Comment
(a} Be .. !·y H111 :"' ·· i , 1', "h,'h Huron Stre et, sai d th ank s for listening . My hu sband and I bought our
fi rs t home here in Engle ·,,,j. ·· . \.r' ,(\ that is our c urrent res ide nce. We chose En glewood fo r many reaso ns that
Englewood Cily Co uncil
Se pt ember 7, 2004
Pa ge 2
I nctua ll y won't gel into . but th e pro bl em tha t we arc fa ci ng ca me up just rece nt ly. Two wee ks :1go. th ere was a
wo nde rful. nic e lad y named Nancy out in front of my house taking pi cture s of th e co ncrete. So . I :iskcd her what she
was doin g. Sh e s:1id you o pt ed out of our Co ncrete Program . I sai d ... what arc you talkin g abo ut . I never heard of
this Conc··ctc Pro!l ram . So. she began to tell me that th e previ ous m, ner had opte d out of thi s Co ncrete Prog ram 1hat
has been i,1 effect. I think. sin ce 1997 . We hnd no choice in o pti ng in 10 the program to be gin wi th and so that is
whe re I have issues. I called a very fabulou s man named Lar ry , here at the City, and I don't know ifhe is here
tonight, but I wo uld like to meet him . He was wo nd erful and he said 10 me that ba sically it wa s o ur Tit le Co mpany 's
respo nsibilit y 10 presen t us with th ese doc ument s durin g our clos ing. And, I can tell yo u, had lhey been pre sen ted .
we would have opted into the progra m. No documen ts we re ever presen ted , so I we nt back to my Ti tl e Compa ny
and actua ll y did get a co py of the Tit le, which states that the previous owner had signed thi s doc ume nt. bu l our
signature is not on it I have th at if yo u wn nt 10 sec it. Also. I have our po li cy th at stales very vaguely thi s particu lar
program . I wo uld like for yo u to loo k at ii , becau se the wordi ng ce rtai nl y doesn't say spec ifi ca ll y the Concre te
Progra m in the City of Eng lewood . Ms . Hammer gave th e doc umen t 10 lhe Ci ty Clerk . She poi nted out that item
num ber 4 is as an exceptio n, whi ch means o u1 Titl e Company is not respon sib le for thi s issue . So part of that
bc-1'1ers m ~ and also what we are responsib le fo r, eve n when we opt in 10 1h is Program , whic h we are nt thi s po int.
La rry ser•. me lhcse doc ume nt s, but we arc res ponsible fo r paying fo r his op tin g out a nd the years th at we didn 't
eve n li ve 1\J the home. I ca n tell you th at that doe sn't sit well with me either , because my hu sba nd and I rent ed, up
until tJic: ti me th at we purchased thi s house and we never pai d wnter or co ncret e or utiliti es ... we only pa id elec tri c.
So I can tell yo u that th ere is a hole or a fl aw in thi s .>itu ation. The other thing Larry sai d is that we arc respons ible
for the payme nt in fu ll. I can tell yo u, as a mother of lwo children and a stay-at-h ome mom, lhat we don't have that
kind of money. 1 can't just write the Cit y a check to cover thi s cos t. I as ked Larry how we co uld handl e th is and he
sai d yo u have to pay in fu ll or we don'1 do the work. I sa id , what ha ppens if we choose no t to do th at. He said we ll
then we will put a li en on yo ur home . So th at is a litt le wacky fo r me too . So. at thi s poi nt , w owe the City
S50R .28 . That inc lud es the years th at we didn't live th ere . Ri gh tfull y so, we should pay for the few years that we
have lived th ere, to opt in10 the program , bul we should not have 10 pay fo r a you ng man 's error in optin g o ut. I am
aski ng yo u to revi ew th ese doc ument s before we se ttle thi s, beca use I think it is wrong. I think 1her~ are flaw s in th e
system. The other thing that bothers me is thnt two years ago the Ci ly was out inspec tin g and why didn't the Ci ty
se nd us a leller then, sayin g ... oh by the way we have thi s program'! The other thing th at bo1hers me is th e day that 1
call ed the Ci ty 10 transfer ove r our utilities, 1hc City pe rson didn "t say ... oh by the way we have thi s program. would
you lik e to op t int o it 7 So . I th ink everyone's hands seem to be tied in thi s situa tion . What I am aski ng you to do is
un:ie th nsc hands and to fix thi s prob lem . We are ci tize ns th at participate in th e communit y. In fac t, muny of you
have come to my house fo r dinner fo r Neig hbo rhood Night. l am aski ng. rig htfull y so, that you look at this and what
we have to pay to correct it . I am not aski ng yo u to del ete ou r bill, becau se m:, hu sband and I thi nk it is ri ght that we
pa y at least fo r th e yea rs th at we s1ar1 cd li ving in the home ... not any1hing before th at. And so , I don 't kn :>w if you
need this leuer from Larry. bu l I co uld give you a copy of th at letter . I ca n give yo u the non-participation agreement
and I can even give yo u a co py of my settl em ent sheet, because I did my rese arch and th ere is nothin g eve n c -: my
sett lemen t sheet that 1alks about thi s Co ncre te Pro gr nm. I wo ul d also li ke fo r yo u 10 loo k at a paymen t pl an. beca use
we live in a section ofEngl::wood with a huge lot and I ca n tell you tha1 our waler bill wa s outrageo us thi s yea r. I
eve n ca ll ed th e Cit y on th at and she sai d you've saved a lot of Nater ... so we are participat ing in th at. Bui by
Dece mbe r I " we mu~t pay the Ci ty seven hundred and some doll ars. That is a lot of money for a fami ly of fo ur
liv in g here in Enplewood . So, if you co uld he lp by unt ying all these hn nd s 10 correc t thi s prob lem, l would be very
appreciati ve. I am sure 1hat every oth er new home ow ner in my circ um stance, tha t has no idea about this Conc rete
Progra m, wou ld feel th e same. I ca n also j ust say in closing tha1 yo u mi ght say ... we ll if we dn ,; is fo r her we are
goi ng 10 ha ve to do it for everyone else . I would say 10 yo u, maybe so ... but maybe everyone else need s to stand
before you lik e I have do ne , to give you our papers and to show you we had no idea about 1h is Program. Thanks for
listenin g and do yo u need any other pape rs'!
Mayor Garrell said in gen eral we do not J!CI into a dia logue at thi s po int, but I ha ve been infor med by the Ci ty
Ma nage r th at the Slaff is recommendin g 1hat we wi ll rake this up a1 an upco ming St ud y Sess ion 10 disc uss. Make
sure th at we ha ve all yo ur co ntact in form ati on so yo u wi ll know when we are talk ing :i.bo ul it. Ms . I-lamm er said
okay and do yo u wo nt thi s lcn cr from Mr . Ni mm o? Mr . Garren snid I don'! think we need th:it copy. beca use we
can ge t .: ... ~PY fr om him .
Co un cil Member Moore said can we get a cop y of thi s Titl e Co mp :my paperwork h11cr ? Real.li ng it now and tr yin g
to me morize i i fo r a lal cr Srn dy Sess ion is not go in g to be helpfd .
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Englewood City Council
Seplember 7, 2004
Page 3
I Clerk 's note: The Tit le Compa ny paperwork Ms. Hamm er submitt t:d wns th e ori gina l docu me nt.)
Ma yor Garrell sa id we don't like 10 take ori gi nal doc ument ~. He asked Ms. Hamm er to provide th e City Clerk with
a co py or th e doc um ent. The Ci ty Cler k will di stri bute th e copy to us before we have our Study Sess ion. Ms.
Hamm er said okay and th ank yo u ve ry mu ch.
Counc il Member Brad shaw sa id do yo u know whnt Stu dy Sess ion thi s is goi ng to be on'! Ma yo r Garrell said not
ye t, we haven't looked at the sc hedule . Thi s just ca me up a seco nd ago. We wi ll notify he r. Ms . Brad sha w said
oka y.
7. Recognillon or Unscheduled Public Comment
There we re no un scheduled visitors.
8. Communications, Proclnmalions 11nd Appointments
(a) A letter from Jam es Woodward indi ca ting hi s resignation from the Englewood Urbnn Renewal
Aut hor ity wa s considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT TH E
RESIGNATION OF JAMES WOODWARD FROM THE ENGLEWOOD URBAN RENEWAL
AUTHORITY.
Ayes :
Na ys:
Motion carried,
Counci l Members Barrentine, Moore , Bradshaw, Garrett , Wolosyn ,
Woodward, Tomasso
None
Mayor Garrett said one thing th at we will need to decide is whether we wan t to fill th at position now or wait until
the next regularl y sc heduled January sess ion , which is so rt of what we norma ll y do.
It was stal ed 1hat 1herc is an ahemate member ... Laura Roge rs. Co un cil Member Brads haw sa id can we get a letter
out to her?
Ma yo r Garrett asked if Council had to take any official acti on. Ci ty Attorney Bro tz man said we will bring a
re so luti on forward at th e next meeting .
(b) A proc lamati on declaring the week of September 17 ·23 as Nat io nal Co nstituti on We ek wa s
co nsidered .
COUNC!L MEMBER WOLOSYN MOVED , AND IT WAS SECO NDED, TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF SEPTEMllE 17-23 AS NATIONAL CONSTITUTION
WEEK.
Moti on carried.
Ayes: Council Members Barrentine. Moo re , Bra ds haw. Garrett, Wolosyn,
Woodward , Tomas:;o
Nays: None
9. Consent Agenda
(a) Approva l of Ordin ances on First Reading
• There were no additional ite ms su bmitted for approval on first reading. (Sec Agenda hem 11 -Regular Agenda .)
COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (b) (I)· ORDINANCE NO. 51, SERIES OF 2004.
Englewood Clly Council
September 7, 200-1
Page 4
(b) Approv.il o f Ordin ances on Scccm d Rea din g
(i) ORD INANCE NO . 5 1. SER IES OF ~004 (CO UNC IL BILL NO . 50 . INTRODU CE D
BY COUN CIL MEM BER BRADSHAW )
AN ORD INANCL: \ UTI-10 .RIZ ING ACCEPTANCE OF A GRANT FROM THE ST ATE OF COLORADO.
CONOMIC DEVE 1.0PMENT COMM ISS ION FOR MARKET ING AND ADM INISTRAT IVE ACT IVITIES IN
TH E ENT ERPR ! F ZuNE.
Vole r esults:
Aye s: Council Members Burrentine, Moore, Brad shaw. Garrett, \V olos yn.
"'"oodward, Tomasso
Na )S: None
M01ion carried .
(e) Reso lu ttons and Moti ons
There we re no rcsoi utions or motions subm itte d for approval.
10. Public Hearing llcms
No public hearing was sc heduled before Counci l.
II. Ordinances, Resolution and Motions
(a ' Approva l of Ordinances on First Reading
(i) Golf Operations Manager Spada presented a recommendati on from the Parks and
Recn:.;tion Department to adop t a bill fo r an ordina nce app1 '>ving the Golf Course Re sta uran t Co ncessionaire
Agreemen t be twee n th e Ci ty of Englewood and Caddie Shack . LLC. He said we received fo ur bi ds in th e proces;
and we in terviewed all fo ur. The interv iew team was comprised of a variety of Cit y employees, fr om a variety of
departments. We ha"! a variety of criteria th at we looked at. .. re nt payment, expe rien ce, the presentati on and it wa s a
un animo us dcc isi ,..· that Cadd ie Shac k. LLC be sclec1cd as ou r re stau ra nt concessionaire . Jim Dadiotis is here
rep re scnli ng Cad ~• ~•hock LLC. We arc very proud to have them on board and we are recommending the m. They
came wi th high rt l'~,l!nccs fro m a variety of restauran ts an d a go lf co urse down in Colorado Springs.
COUNC IL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AG END~ ITEM
I I (u) (I)· COUNCIL BILL NO. 51.
COUNC IL BIL L NO. 5 1, INTR ODUCED BY COUN CIL MEMBE R BRADSHAW
A BILL FOR AN ORD INANCE APPROV ING THE GOLF COURSE RESTAURANT CONCESSIONA IR E
LEASE AGREEMENT BETWEEN TH E CITY OF ENGLEWOOD AND CADDIE SHACK .
Mayor Garrell asked if there we re any que stion s or commen1 s. There were none.
Vo te res ults :
Ayes :
Na ys:
Mo1ion carried.
Ma yor Garrell thanked Mr. Spad:a .
Co un ci l Members Barrc n1in e, Moore, Bradshaw . Garrett. Wol osyn .
Woodw,trd , Tomass o
None
(b) Approval of Ordina nces on Se c d Reading
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Englewood Cit y Co un cil
Se ptemb er 7, 2004
Page 5
(i) Cou nci l Bill No. 40. ap provi ng the propose d Denve r Se minary Pla nned Unil
Deve lop ment wa s cons idered.
COU NC IL MEMBER BRAD SHAW MOVED , AN D IT WAS SECOND ED, TO APPROVE AGENDA IT EM
II (b) (I)-COUNC IL BILL NO. 40.
COUN CIL BILL NO . 40. INTR ODUCE D BY COUNCIL ME MB ER BRAD SHAW
A BILL FOR AN ORD INA.'IC.: APPROV ING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT
(PUD) LOC ATED AT 340 1 'i0UTH UNIVERS ITY BOUL EY ARD. IN THE CITY OF ENGLEWOOD .
COLORADO .
Ma yo r Garre tt asked if th ere were any amendments.
Co unci l Member Moo re said I wo uld like 10 have so me di sc ussion fir st. We had so me items mat we re pre se nted last
time relative 10 amendmcms. ! would like to add ress just one iss ue . Durin g th e Public Heari n" I rai sed questi ons
abou t 1he proposal of th e ten foot fe nce on th e n0rth sid e of th e Seminary property and ... ns cu, ·ent zonin g all ows for
n six fool fen ce, whether or not that would be an impositi on on th e residen ts. I had a chance: to go over to those
properti es and realized what they have today is al ready like a three fool footer, with a six foo t fence on top of it. So
those pro perties already have, in effect, a nine/t en foot fence . I thought it would be four feet more than what th ey
arc looking fo r. I th ink whnl the y arc loo king f'lr is more to maintain th e sta lus quo . Currentl y, th ere is thi s three or
fo ur foo t di ffe rent ial in le vels of the resi dential grou nd versus the Semi nary ground . And I do n't know if anyone
knows where that will be , whe n thi s is all done. So. I have a bcuer understanding or why that fence may be
desirable to be that tall . I still have rc scr vatior.s ... l don't wa nt 10 force , an otherwi se, ex ceptiona l situation . but I
have n't come up wi th any ri ght way to phrase it. I don't know if there are any recommenda tions. Basica ll y, 1 now
und erstand ... if they arc just trying to keep what th ey have ... and I have heard from most of the home owners that
!h at i~ what the y wa nt to mai ntain , alth ough I know one ne ighbor said she did not want a ten foo t wa ll in her back
yard . So now maybe after seeing that pro perty, putting that in co ntex t. .. ma ybc she was afraid it was ten foot. on top
of th e three foot foo ter that is alre.1dy there.
Mayor Garrr.u said didn 't th e lang uage say up to ten fee t?
Mr. Moore said it was very ope n ended . If one neighbor obj ec 1s, what is th e resolution? h just says up to !en. but
th ere is no di sc ussio n as 10 what it takes 10 rea1.:h 1hat agreement.
Co un ci l Member Toma sso said lhc iss ue yo u arc ra isi ng. is whi ch side of the fen ce arc they going to meas ure the ten
foo t on. ls it on the hi gher porti on on 1he Seminary side or is ii from the bott om of the footer on the other si de up ?
Mr. Moore said th ose arc all good questions and I don't know if th ere is going 10 be an y way to answer tha! until the
time :md place th at yo u get 1hcrc . So. I guess th e hole 1ha1 I sec in the PUD . is j usl how do yo u get reso lu ti on'!
Ma y,:,r G:irrcll said it prov ides 1h:it it will be determined by the deve lope r upo n consuh ati on with the prope rt y
ow1i!;1 s. Do you want one propeny owner to have a vel a right or not? So. Co un cil Member Moore said . re phra se it
to all ow eac h propert y ow ner 10 ve to it. Ma yor Garrell sa id then you arc go in g to have a very odd loo king fence .
Coun ci l Membe r Moo re said if there is an objecti on I th ink it wo uld onl y be fr om a person on th e end . I did n't
fo ll ow up to ge t speci fic s on th e stat us or th is. and maybe thal would help, bu!; be li eve five out of six arc on th e
same page . If not, the -.;ixth one ma y t .. confu sed on ly bccJuse of wheth er or not th at existing foo ter i~ there so, you
know, I chink if it did say ench ... !hey still would be abl e to re ac h co nse nsus. I am also fin e if we could phra se
ii. .. that it is not hi gher than it is or so mehow incorporat e th e sta!U s qu o in that requirement.
Coun cil Member Woodw ard said is the high si de on the home ow ner's side or 1hc Semin ary's side '!
Mr . Moore said the Semina ry's si de . So in thei r bac k ya rds. th ey have a three fool retaining wa ll and th en a six foo t
fe nce on top of it. So th at is wha 1 is 1here alread y toda y ... and nec ess ar y becau se three foo t up is a parkin g 101, so
th ey need th e six fe et on 1,,p of th at wa ll to give 1hem pri vacy . Sn, i f all ii is doin g 1s mainl ainin g wha t is
Englewood City Council
Seplcmber 7, 2004
Pogc 6
thcre ... gre.0.1. I don't 1,1,ant it 10 be read th at it is len fool on 1op of a foo ter. I don't know th e legal lnn gun ge ... if 1ha1
hits it or not.
Cou nci l Mem be r Barrentine said I have to say th .. wl,c n the qu es tion was asked, I wa s ve ry comfo rt nb lc with th e
home 1Jwr r 1A t1111t came forward, as we ll as 1hc de\•dC"l pc r bei ng very specifi c that they had eve ry intenti on of
workin g wi th L'1ose homeowners on an indi vid ul l b~:;:~ fo r what th ey wo ul d wa nt. However, I'm not sure we woul d
wa nt tc-p.;, t;llC h in th ere either, sinc e 11-...:r alrccdy seem 10 00 moi;ll y on board . But l was very com fo rtab le with th e
communi cation that h~d occu rred . Th tu \\J' a lot of work and on our part 100 wit h th ose home ow ne rs so ... I wn s
pretty happy wi th what we had done.
Council \.-\t:mbcr Brad shaw said [ think r ouncil Member Moore, th at so metimes trying to be truly re presentative
ca n put yo ·:. :1~ ;i c:··1ndary an d it sou.,,; iib . that is what you are doi ng ... trying 10 be fair 10 everybody . I was very
pleased wit h til e dcveltJper's answers It:.• 1e qucsti or.s that I posed . I was very pl eased wi th the coope ration that we
received fr om thi s gentleman and I am in fav or of moving fo rward with it now.
Co uncil Member Moo re sai d my quesuu n!i don'I at all say anythin g different. .. other th an, if our rul es, which they
do. say fen v• r,,. limilcd to six feet; I don'1 know how we impose a ten foot fence on any homeowner if they are
protected, in a scuse , 10 a six foot fen ce .
Co uncil Member Woodward said , as 1 und erstand it, once th e run is in effect, the six foot fence hei ght is out. Mr .
Moo re said right , but I st ill ti ink that as a single-fa mily hon1c.o wncr, p:irt of the right that you do have ... is a
limitation by Code to not being walled in . You know , six foot is what is in th ere. Yes, the PUD wo uld overri de it
and my co ncern was not even bnsed on a particular vo ice, as much as I wouldn 't want a ten foot fence imposed on
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my property , if I wasn't on board with it. Now aga in , after see in g it, I realize that is what is already there . so I •
would like to be comfortable with th e word ing as just saying ... yo u know. that we arc rea lly just ge ttin g what is
alreaJy there.
Mayor Garre tt sa id at thi s point would yo u like to make a proposal and we can vote on any parti cul ar ame ndment.
Co un cil Member Moore said I don't know on that particular issue , I am at a loss as to what amendment might be
right. So unle ss staff had a forewa rnin g ... ! don 't know if yo u have any sugges 1io ns th at might help . Otherwise, I
am not sure I h:ivc any better phrasing for it.
Mayor Garrett sa id in thi s interim do yo u have any oth er amendments yo u wo uld like to offer?
Co unc il Member Moore said yes, I wo uld like to make some amendmen ts and I also seco nd some of the commen ts
that Counc il Mem be r Brad shaw made . I was very impressed wi th the Publi c Hearin g las t week . The prese ntati on
by staff, by the de veloper and by th e res id ents was ex treme ly informative, helpful and very we ll done . I grca Ll y
appre cia te all th e effort th at has gone into thi s project. As far as amendments , I would like to put two lhin gs on the
tab le . They arc not new additions. th ey are what we had di sc ussed when we fir st brought thi s fo rward. The fir st
would be an ame ndme nt th at we sl rike item number 5 altoge ther . Council Membe r Brnd shaw said because th at is
already t:ik en ca re of. Mr . Moore said ye s, becau se it is already taken care of in the PUD. as is menti oned in our
co ver memo. The second is to amend und er item n mbe r 1 ... just delete th e "sha ll be by major subd ivi sion" because
,t can be accompli shed by several proc ess es an d staff does n't recom mend doing it through the majo r subdivisio n
process.
COUN CIL MEMBER MOOR !l MOV ED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO.
40 BY STRIKING IT EM NUMBERS ALTOGETHER AND AMENDING ITEM NUMBER 1 BY
DELETING ;,SH ALL BE BY MAJOR SUBDIVISillN."
Mayo r Garre tt asked if th ere was any discussio n on :ne amendments . There was none.
Vote results:
Na y.
Co uncil Members 811rrcntine. Moo re. Brad shaw , Garre tt, Wolosyn.
Woodward . To masso
None
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Englewood C lly Council
Sep lcmbcr 7, 2004
Page 7
Molio n carried.
Ma yor Garre tt said 1he staff has done a co nsult n1ion. Do you have anythin g you would lik e to prese nt 10 Co uncil
regard ing th e iss ue 01 the wa ll heig ht on 1he nort h si de of the prope rt y?
Senio r Plan ner Langon sai d, after speaki ng wi th Mr. Forstmann , one sugge:;imn may be ... because of the differf'ncr
in hcight ... bcca usc we arc not sure of the final eleva ti on at th e tim e the fence wo uld be bu ih ... of reduci ng th at , ... ,
foo, to eight foo t. but meas ured from the devel opment side . Now, that may still end up bei ng a nine or ten foo t ".ill
when meastJ red from the low side . Typi ca ll y when we do a fe nce. we measure from th e side th at the fence is pla ced
o•.1 fro , 1 th at p·optrty.
Mayor Garrett sa id let me as k a simpl e que stion . Is the c urrent heig ht of the footin g, as well as th e c urrent fence ... is
that the max height yo u arc loo king at, or is it hi gher than that ? He sa id an easy so lution here is to ca p it at no
greater than its c urren t height. If that is what both th e propeny owners and de vel opers are talkin g about. .. it rules.
Senior Planner l.Jlflgr)n said at one end it is a fo ur foot wall , with a six foo t fen ce and at the oth er end it is a three
foot wall and then II wo uld be a siit foo t fence . So , it de via tes from ten foot down to a nine foot, or it would , with a
six foo t fence there .
Ma yor Garrett said so cap it at the muimum height of th e current 1011117
Coun ci l Mc ,nbcr Moore sai d then that end s up forci ng tbat one foot grade in the re a nd th at is not what we are trying
to do.
• Mayor Garrett said it is a ca p.
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Council Member Moore said th en the nine on the one si de dominates the who le fen ce.
Mayor Garrett said the easiest so lution is to make a proposal and we will vo te.
Ms. Langon said , agai n, the grade is going to change wi th the devel opment.
Lou nci l Mtr.ilJCi Wol osyn sail I would like to say that I feel th at that lang uage was ham mered out at grea t lenglh by
the de vcluper s and the neigh borhood . Si nce it is consistent with what is there, I wo uldn 't wa nt 10 touch it.
Council Member Barrentine sa id also, unfortunatel y, I think we; would take away the nego ti ating fr om people and
the y have developed a rel:ni onship and th ey arc try ing 10 work toge ther and I don't wa nt to do so met hing where,
later, peop le are bringin g pi ctures bac k sayi ng look what yo u made us do. I agree with Olga.
Co un cil Membe r Woodward said John 's po int that one neigh bo r cou ld e nd up with a separate heigh!., .I think th at
seems 10 be a co ncern . if yo u have ten feet of height and then all of a sudden it drops dow n 10 eight and then co mes
back 10 ten ... don't we wa nt th at un ifo rm , or was th at the inten ti on·!
Council Member Moo re sai d agai n, if we lea ve it as is, is there sa fet y that it is not ten fo ot on top of a fou r foot
footer ?
Mayor Garrett sa id seve ral people on Co unci l have said th ey are comfonable wi th the curre nt lan guage, so th at
would imp ly th ey arc comfonable wit h the current lan guage.
Counci l Member Moo re said I am as kin g 1hc questi on for myse lf, so I wi ll direct it 10 staff. If it is left as is, does it
leave the possib ility of a ten foot fence on top of a three or four footer, possib ly?
Se ni or Pl ann er Lan go n said poss ibl y, but I think it is ba sed on the ncgo 1i n1ion with th e! neighborh ood .. with th e
neighbo rs.
Englewood City Council
Scplcmbcr 7, 2004
Page 8
Counc il Member M0ure sa id so 1he concern is th en•. bul I know 1ha1 no one 1hcre is goi ng to want a fourtee n font
fence . Again , lheclarifica tion was mos t !v-lp ful. sn 1,,. o.m:.n<l,nefll is sug ges ted .
Mayor Garrell asked if 1hcre was any di sc uss ion 0 11 lhc bi ll as nmcndcJ .
Counci l ,vf .. ,11~,:;;, Moo re sa id aga i · 11 d .J~Wr, vcryooe· nego1i :11ions on th ii: w~s fanta sti c and th e devel ope r
working wi th all communities ... 111,1 J'.~, ;:,•n '. • 1 • ..,d ... wa~ quite impress ive . Thank you.
Vole results on approval of Council Bill :-.io. ~O lb .:r;..ended :
Motion carried .
Ayes: Counci l Me mbers f;arrenli ne, Moo 1c, Rradshaw, Garre ll , Wolosy n,
Wcxd\\tard, Tomasso
Nays : Non e
MJ yor Garrett sai d for clarification for ,he people in the audieuce, we have now passed it on second reading, bul
since ii was amended, we arc going to ha ve 10 bring ii back for another seco nd reading , which will be in two
weeks ... aclually le ss than lwo weeks, because it will be two weeks from yesterda y.
(c) Resolutions and Moti ons
Th ere were no resolutions or motions submitted for approval.
12. General Discussion
(a) Mayor's Cho ice
Mayor Garren did not have any matters to bring before Co uncil.
(b) Council Members ' Choice
(i) Co uncil Member Toma sso:
I. He said I was plea sed to anend the Metro Co mmunity Provider Network's presentation. They opened a
new clinic on South Delaware , a week ago Monday. The Direc 1or would like 10 have a chance 10 speak to all of
Council and describe what the new center is like. For th ose of you who want to re ad more about it , I have a wh ole
broc hu re they gave me.
2. He sa id th ere is a new Japanese res1aurant at Bates and Broadway and the food is excellent. The Genroku
opened a week ago Monday . so the Japa nese resta uranl is in full ope rati on.
Council Member Drad shaw said where is it ? Mr. Tom asso said Bates an d Broadway. Ms . Brad shaw sa id whi t a
nice add iti on 10 th at neighborh ood.
(ii ) .ndl Member Woodward:
I. He sa id I was at th t ·ca li on for ART and I th ink, ha,•ing taken th e route, it was great. I think we are
going to be very succe ss ful wu,1 lhnt.
2. He said on Augus1 28th K.EB held our first SK Race . I would like 10 acknowl cJge a co uple of people 1ha1
he lped us wi th th at: Matt Bednorz who is a teacher over at Fl ood Middle Schoo l, provided us with twenty-four
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Englewood High School football players as vo lunteers al 7:00 o'clock in the morning on a Saturday, which is quite •
an accomplishment in itse lf and we al so had three vo lunteers fr om lhe Leadership Academy . So in total we had at
least 27 you th vo lunteers helpin g us put on 1his run . We had approx imately 100 participant runners that had
registered . The funds th at we rece ived frn m o ur spo nsors and from the entry fee s will go towa rd our Househ old
Ha 1.a rdous Wa5te Roundup, which is this Sa turday and next Saturday . I think the consensus from the Comm iss ion
is that our first shot at thi s has been very successful and I belie ve we intend 10 do it in the futur e. He so.id 1 would
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Englewood Cily Council
Se ptember 7, 2004
Pugc 9
al so like to thank Jerrell Black and Gary Hult be rg fnr th ei r help and p.irticipation wit h pulling 1hi s on and in
co njunction wi th FunFest. Thank yo u.
Council Member Barrentine said , 10 c1..IJ 1~ tha1. I did wan t to thank Jim Woodward fo r recognizing Rebecca
La ugh lin , a new member on th e ParL-~ .1 !1d Rec reation Com mi ssion and also for Jerrell Bl ac k's enco urage ment or
her . She got the most app li cant s and run.i:rs for th at and I turned that in for her. She wa s very thrill ed th at you IOok
the tim e, Jim . to recognize her and , Jcrrull , thank yo u very mu ch for your kind co mme nts . She was ve ry impressed
and so was he r mother. I think she hrucg ht in so met hin g lik e ten or twelve people . So, she is just rea ll y ex.ci ted to
be on that boa rd . That was very nic-: of you to tak e the li me .
(i ii) Co uncil Me •bcr Wolosyn:
I . She said I wo uld j ust li ke to seco nd Jim 's thank s to all of the Maff that hc-lped us have a successfu l init ia l
SK Run .
2. She sai d I think the whole id ea of th e FunFe st in the park is just wo nde ;oful. It is magica l. It is a much
more desirab le selling and putting 1hc two toge ther mad:: fo r a great day . Also, I wo uld like to .hank Jcrrc ll's and
Ga ry's sta ff and th e Publ ic Work 's staff and evcryu ne el se who helped wi th Peak in the Park day and helir-d ma ke it
a success.
3. She sai d kudos to Lauri Dann emillcr and all of Co mmunit y Develop nent for the success ful initi atio n of
ART.
(iv) Counci l Member Barrentine:
I . She sai d I want to thank Tri cia and Bob Simp so n fo r some com pl ime nts th at 1 got aflcr I too k my dog for o.
wal k. It is always ni ce whe n you're just on yo ur way home , to have so meone stop you and tell yo u how nice it is 10
dea l with the Ci ty, even th ough th ey initia ll y had so me prob lems with the permittin g and eve ryt hin g. Th ey were just
ve ry, very co mplim entary of Tricia and your depart ment. That is always nice. I mea n it is just nice to hear th at the
problem s are being taken care of ... I do n't even know whr.t a lot of th em we re, I'm just happy 10 hear th at is goi ng
we ll .
She sai d thank s lo Ri ck Ka hm fo r all of hi s info rma ti on and then dealing wit h a specifi c problem relBted 10
a coupl e who are very ill. .. her hu sba nd is in hospice. And [ wo ul d lik e to thank Ladd . On my way in today. I
stopped there after the ir wheelc hair ramp was put in. by an orga niza tion th at l had ta lk ed to hi m abou t. l hope we
ca n fa ci litate th ei r help with some other Englewood re sidents . Ms. Barrentine sai d she was very co mplimenta ry of
Lad d ... th at he loo k the time 10 st~p by , check on th e spec ial permit parkin g, as 1hey have very limit ed access . She
was very impresse d th at he took th at kind of time and care and was th at concerned. I wanted to pass tha t al ong.
Mayor Ga rren sa id the doctor would like to come to Council. Would Counci l prefe r :1 presen tation in th e Chamber s
by the doc tor or at th e Study Se ssi on'?
Cou ncil Member Wolosyn said the lasl time ... l think it wa s Doc tor's Ca re that cam e ... the y came and did a ten
minute thin g here.
Mayor Ga rre tt sa id are th ere any preference s? So. he said. let th en: know th at would be a good foru m for that.
13 . City Manager's Re port
• Ci ty Manager Senrs did not ha ve any ma tt ers to bring befo re Coun ci l.
14. Cl ly Allorncy's Rcporl
Cit y Anorney Brotzman did no t have any mauers 10 bring before Council.
Englewood Cily Council
September 7, 2004
rage 10
15 . Adjournment
The mee tin g adj ourn ed nt 8: lO p.m.
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