HomeMy WebLinkAbout2007-01-08 (Regular) Meeting Minutes•
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1. Call lo Order
ENGLEWOOD CITY COUNCIL
ENOLEWOOD,ARAPAHOECOUNTY ,COLORADO
Regular Senion
January 8, 2007
The regular meeting or the Englewood City Counci l was called to orde r by Mayor Wolosyn at 7:34 p.m.
2. Invocation
The invocation was given by Council Member Barrentine .
3. Pledge of Alltglanct
The Pledge or Alleg iance was led by Mayor Wo losyn .
4 . Roll Call
Presen t:
Absent:
A quorum was present
Also present:
Council Members Tomasso , Moore, Barrentine , Oakl ey, Mccaslin ,
Woodward , Wolosyn
None
Cit y Manager Sears
Cit y Attorney Brotzman
Deputy City Manager Flahert y
City Clerk Ellis
Deputy Cit y Cler k BJsh
Director Olson, Safety Services
Director Gryglewicz , Fi nar,ce and Adm inistrative Services
Director Simpson, Commsnity Development
Senior Planner Langon , Community Deve lopment
Police Commander Watson , Safety Serv ice s
Director Kahm, Public Works
Department Assistant Krecklow, Commun ity Developm ent
5. Con1lder1tlon of MlnLOIH of Previous S111lon
(e) COUNCIL MEMBER l OMAS!lO MOVED, AND IT WAS SECONDED , TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 18, 2006 ,
Mayor Wolosyn asked Ir there was any dls,,uss lon .
Mayor Wolosyn sa id I'm not sure if Ride.~rrangers was correctly spelle d . ple ase check on that.
Volt rttults:
Ayes : Cr,uncll Members Barre nti ne , McCas ll n, Moore , Wolosyn , Woodward ,
'o'omesso , Oakley
-Nays : None T Motion carried and the mlnl!les were approved as amended .
6. Recognition of Scheduled Public Comment
Englewood City Council
January I, 2007
Pag12
Mayor Wolo1yn sa id I see that there la someone here to ipeak about the dog ordinance . Wa w,11 be scheduling
a Public Haering later on In the mfftlng to dl1cu11 that ord inance . Also, I think that there haa been soma
ml1underatandlng ... beceu1e the proposed legl1iatlon doe, not Include a breed specific ban . It dcea not have a
weight limit. So those were two th ings that somehow got out there, that are Inaccurate . Al I said, (hat l11ue will
come up during Iha laat part of the mffllng.
(a) Cynthia Searfoss said I am an Englewood res ident of nine years now . I am a dog c•mar . I
have two lovely boxers . And I am a si x year volunteer wllh Ho-Bo Care Boxer Rescue In Denver , Co,orado .
Unfortunately, we are the only boxer re scue ... ln Wyoming, Colorado , Ul2h , New Mexico and Arizona right now,
so we're really rather busy . I have foster dogs . I provide In-home medical care for Injured dogs . I provide
training . I provide physical and psycho log lcul rehab ilitation training . My personal preferenct• Is behavior
modificat ion, rather than negative re inforcement train ing . And I do extensive µlacement Interviews for our
beloved little boxers. I'm here because I got over 140 e-mails the week after Thanksg ivi ng saying that people
were goln~ to have to sell their homes and move from Englewood because Englewood was go ing to put In a
generic bully type breed ban and a 55 pound limit on all dogs and , of course, we all know that's not true . There
also have been lots of other wild th ings said about what's going on In Colorado and limitations that's going to put
on our choice of lifestyle and ou r rescue mis sions . Our rescue missions In Denver Metro are suffering, because
of our economy and breed bans . So , I wanted to come and speak . I wanted to say thank you very much to
Mike Flaherty, because he has been very reasonable in send ing me great e-mails and keeping me updated on
this , because I didn 't want people to get ;;ysterlcal and I didn 't want people to misunderstand , because , quite
fran kly , noth ing had been published until Friday . So , I have been sending updates and e-mails to all of the dog
rescue groups and dog chat groups that I'm a member of, for weeks now trying to keep people calmed down
and to have people understand that we are not trying to make, as far as we knew , any great changes in the City
of Englewood . I do have two questions . I got Iha ordinance language Friday and I got soma clarification from
Mike today . I appreciate that. Thank you very much . But , I have two questions from the definition se,,tion . And
I was a little bit confuse1 about two of the defin itions . One Is the proposed language that defines a1tack as
when an animal bites, or attacks human beings or another domesticated animal . I would like to say lhat to me
to define the word attack us ing the word attack seems vague and a little bit arb itrary. I would like to suggest that
since the ord inance also , later on, defines bodily injury and serious bodily harm , that it would possibly make the
definition of attack more clear , if you used the definition of attack to say an evenl where there is bodily Injury or
serious bodil y harm caused , for both the definition of attack on a domestic animal or an attack on a human
being , because I think that would be more clear . I also wanted to speak to the definition of the vicious an imal
because the vicious an imal also conta ins the word bit es or attacks and I think it might be more clear and it may
address what we're trying to address with using the serious bodily Injury and bodily harm definition there as well.
And one of my reasons for this is that. .. my biggest challenge , when interviewing people and wor king with
people wh o have adopted dogs, and try ing to do behavior modification , is to keep in people 's minds that thes a
are animals . These are not human beings . They don 't have the same way of commun icating that we do and
they ,fan't have the same moti vations that we do. And the hardest thing is to remind people that these are not
human beings on all fou rs . These are dogs and dogs communicale differently . And they have different
behavior patterns than human beings do and lhat , for a well -adjusted dog , biting and attacking is a last resort .
Dogs, in their behavior with other dogs, use posture . They walk away. They walk in arcs . They don't look at
the other dog . They use eye contact. .. not to be threalen ing . Thoy will use barking to say get away, get
away ... to tell you their in lention. As a last resort, they 'll bite . Th is Is a well adjusted, nonmal dog . There are
dogs out there who have been abused, wh o have behavior problems . But a dog 's behavior pattern Is not to
automatically bite . They're givi ng us other clues as to what's go ing ~., with theM . And the fact is that we don't
know what they are, for the most part , unless you work with dogs , you don 't know what these clues are . And the
last resort Is a bite . So . I just wanled to say that when you use the word attack , that maybe the serious bodily
hanm and injury should oa ·, the definition of attack , so that it is clear that there is serious grievous damage
caused ... to be considered an attack . Not just coming up and barking at your ankles . And also , under the Issue
of the dog on dog aggress ion ... dogs are terr itorial an imals . My yard Is my dog 's territory . I'm pretty convinced
my dogs th ink Englewood is the ir territory. And , when a dog approaches another dog they don 't know,
frequently they will try to nip N bite or berk et them, to tell them to get awey from my territory . And when )'OU
leave their territory, there's r,o further aggression . There 's no further attempt to follow you . There's no further
attempt to Intera ct wiin you, Dec"''"" what they have done, is commun icated to you. You've paid attention and
you 've left their area . So, that is wh) 1 wanted to say that I'm not quite convinced that the definition of attack Is
really address ing the Issue of the egreg .~us harm that we really do want to nip In the bud . On the other hand, I
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E"9lewood City Council
Ja ,uary 8, 2007
Page 3
would like to say, tha l when thla ceme out, I waa really ple11ed to aee that thera are aeveral l11uea that
Englewood 11 addressing that really haven't been addre11ed before . I'm glad to see that. On sactlon 7-1A-2,
dogl running at large comment, you have ... l'm sorry ... sactlon C, Item 3, the unfenced yard without a person In
attendance ... when I flrst moved to Englewood, I couldn'I walk my dog1 without hevlng a 1tlck In my hand to hit
on-coming dogs with , beceus11 there were always dogs approaching us without any people In attendance . This
Is a problem that we still have In Englewood. I walk my dogs three to four times a day, so I experience this at
least once a week . This Is an issue we hava . We need to educete people, because we have a diverse culture
here In Englewood . And It's beccm lng more and more diverse, and It's bacomlng more and more populated .
And we nead to educeta people as to what our expactatlons are as a community . And I think we need to let
people know that their dogs cennot just run at large , evan when they're on their property ... they need to be
attended , when they're nol in the yard . The other thing I was really glad to see was section 7-1A-7, under the
cruelty to dogs and eels definition, under your section C ... you're finally addressing the tethering issue . We live
in a neighborhood ... I live behind Swedish Hospital. We llva In a neighborhood where there are a lot of people
who cen't afford u;ikeep on their properties, but they still cieserve the right to have pets . And they do tether their
dogs . But, we do have a few peopl e who do not teke great care in how they ll,her them and for how long they
leave them out there . And I think that's an issue that we may need to address further because there are several
people in my neighborhood who leave their dogs tethered and u,,attended all the time , and without food and
water . So I was very gla d to see that. Lastly, I really appreciate , as a dog owner, section 7 -1A-10, the vicious
animals prohibited , section C; with the affirmative defense ... ! was not really happy two years ago when they
passed the House Bill 04 -1279 saying that dog owners have strict liability and they adjusted that to give us
some defenses . But I think it needs to be more clearly defined , because I think that we want to encourage
responsible dog ownersh ip in Englewood , and I think that goes a long way to encourage people to be self
responsible and to take care of the ir own problems . Thank you very much .
Mayor Wolosyn said thank you very much and we'll be scheduling a Public Hearing and we appreciate your
comments tonight.
(b) Brook Dougherty said I've been an Englewood resident for almost two years . I've worked in
Englewood for six years . I work right across the street at VRCC, as a veterinary technician . I love Englewood .
I love the City . And I actually plan to live here forever . I plan to ra ise my family here . I'm a huge dog advocate .
And the main thing that I want to get across is educat ion. education , education . I think one of the th in gs 1hat we
reall•· ,eed to step up and try to do is educate dog owners . Almost every single weekend, I have someone
come into the emergency clinic and they don't know the first thing about owning a cat or a dog , and we have to
educate them . We have to euthan ize puppies all the time because they get parvo , because the ownerr ,ad no
idea that they needed vaccines . Friday night I had a gentleman come in with his Mastiff, who had bloa . wh ich is
when the stomach tw is'.s , and he had no idea that that was very common for his breed to do that. And It is all
based on education . He loved his dog . He paid the money for it. It was nice to ,;ee that. But many of us
technicians have three-legged dogs ... one-eyed dogs ... dogs that have been relirquished that we can 't euthanize
just because someone was uneducated on owning that animal. So, I just really want to stress education and if
maybe somehow Englewood can start leading the force with educating ow,, o ... t'm sure Cynthia understands
that as wel l. I think that Englewood needs to be a model City , when it come, to \he vicious ~~9 ordinance.
There are many things that Englewood is addressing that many other cities are not. So , I th ink that we are
taking a step in the r ight direction. but I really think that we need to get out of the comfort zone when addressing
this vicious dog ordinance and really punish the owners, who have these vicious dogs . And also it needs to be
looked at case by case ... for the reason of your property ... your dogs do undersland that their house is their
house and they're there to protect. I'm alone many nights, because my husband is a paramed ic and works 24
hour shifts . My dogs sleep In the bed with me and I feel comfortable with that. And if someone were to break
into my house, and my dog were to attack , that is their job . And yes , I have pit bulls end I am afraid what wou ld
happen to me if that got out. Actually , my pure breed pit bull would hide under the bed from the man that would
probably try to attack me and my German Shepherd-Husky mix would help me In regards to defending me . So,
I just am very passionate about education . I try to educate every person that comes into our hospital and I
would li ke to see Englewood be a leader In educating dog owners . Thank you .
Mayor Wolosyn said thank you .
7. Recognition of Un ■cheduled Public Comment
Englewood City Council
January I, 2007
Pe11e4
(a) Laural MIiier, an Englewood res ident, was present lo discuss barking dogs . She said I wrote a
letter to eec, of you regard ing the in cessant barking of my ne ighbor's Newfoundland over the past 15 months .
Thia barking haa really disturbed my sense of peace and well being In my home. A I stated In my letter, I have
tried everything that I could th ink of to try and reconc il e this situation with my neighbor, In a frlendl.t way. Th is
has not worked and therefore, I stand before you tonight on behalf of all those In my situation , whose peace has
been destroyed by Inconsiderate and irresponsible dog owners . I ask you to put into place ordinances that are
concrete, strict and enforced, so that people Ilka me would know that they w ill be protected by the la w . I believe
that a three-step process would be fa ir . The firsl infraction would be a warning . The second infraction would be
a second warning with a hefty fine . And the th ird infraction would be considering removing the dog from the
premises. These consequences must be well adve~ised, so that everyone knows that disturbing the peace with
barking Is not allowed in Englewood . Along with th is o ·-''n ance on barking, I urge you to revise the ordina,,ces
on piecing dog poop In people's garbage cans . For the last year, somebody has been putting opened ba s of
dog poop in my garbage can , almost on a daily bas is. Th is Is revolting to me and I really don 't know what to do
about it. If, again, there was a large fine associated with th is action. maybe ii would be a deterrent . Lastl i·, I am
In full support of our Intrepid mail carriers . who cheerfully deliver our mail , in all of our inclement weather. The ir
job can be rough and they should not have to contend will, vi cious dogs or any dogs for that matter. I sin :erely
hope that you will lake these matters under serious consideration . We live very close to one another In
Eng lewood and we must respect each other's desire for peace in our home. You all can help us ach ieve this by
setting boundaries and stric t ground rules . Thank you for yo ur time .
8 . Communications, Proclamatlona and Appointments
(a) An e-mail from Stephen Hunt announcing his res ignation from the Planning and Ztining
Comm iss ion, the Firefighters' Pens ion Board , and the Safely Services Supplemental Disability Board was
considered.
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE
RESIGNATION OF STEPHEN HUNT FROM THE PLANNING AND ZONING COMMISSION, THE
FIREFIGHTERS' PENSION BOARD, AND THE SAFETY SERVICES SUPPLEMENTAL DISABl'-ITY BOARD.
Council Member Woodward said Stephen will be going to Iraq .. I accep t his res ignation with great regret.
Ma yor Wolosyn asked if there was any discussion .
Mayor Wolosyn sa id I would like lo say God sp ee d and wish Stephen a safe return . He wa s very gcod on th e
Firefighters' Pension B~ard .
Vote results :
Motion car riud.
Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward ,
Tomass o , Oakley
Nays : None
(b) A resolulioo appointing alternate member Ron Fish as a regular member on the Plann ing and
Zon ing Commission was co nsidered.
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) -
RESOLUTION NO . 1, SER IE S OF 2007.
RESOLUTION NO. 1, SERIES ('If 2007
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A ~ESOLUTION APPOINTING RON FISH TO TH I:: f''. ANNING AND ZONING COMMISSION FOR THE CITY •
OF ENGLEWOOD, COLORADO.
Vote results:
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Englewood City Council
Jen11~ry e, 2007
Pagel
Aye s:
Nays:
Co 11ncll Members Barrenline , McCaslln , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
None
Mot ion carried .
Mayor Wolosyn said we lcome I~ Ro n.
9. ConHnl Agenda
(a) Approval of C':·dlnances on First Read ing
There were no add itional items so~m illed for approval on firs t reading . (S ee Agenda Item 11 .)
(b) Approval of Ordinances on Second Reading
There were no addlllonal Items subm illed for approval on second read ing . (See Agenda Item 11 .)
COUNCIL MEMBER WOODWARD MOVED , AND IT AS SECONDED, TO APPROVE CONSENT AGENDA
ITEM 9 (c) (I).
(c) Resolutions and Motions
(i) RESOLUTION NO . 2, SERIES OF 2007
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR
OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF
THE CITY OF ENGLEWOOD F ')R 2007 .
Vote results:
Mo ti on carried .
Ayes : Coun cil Members Barrent ine . Mccas li n, ,Joore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : None
10 . Publlc Hearing Items
(a) Mayor Wolosyn sa id this is a Public Hearing to gather input on Council BIii No. 52 , the proposed
Emergency Temporary Shelters amendment to 16-5: Use Regulat ions of the Englewood Mu nic ipal Code .
COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO OPEN THE PUBLIC HEARING TO
GATHER INPU) ON COUNCIL BILL NO . 52, THE PROPOSED EMERGENCY TEMPORARY SHELTERS
AMENDMENT TO 18•5: USE REGULATIONS OF THE ENGLEWOOD MUNICIPAL CODE .
Ayes : Coun cil Members Barrent ine , Mccasl in, Moore, Wolosyn , Woodward,
Tomasso , Oakley
Nays : None
Motion carr ied and the public hearing opened.
Sen ior Planner Langon , duly sworn , sa id for your consideration ton ight Is a public hearing on Counc il Bill No . 52 ,
amendmBnls to 16-5 , Use Regulat ions of the Unified Development Code , perta ining to emergency temporary
shelters . I've already subm itted proof of publication that the public notlct1 for this hearing was published In the
Englewood Herald on December 22, 2006 . Back In 2004 , when the UDC was adopted , we added & definition ,•f
emergency temporary shelters to the UOC . Prior to that lime, the zon ing code did not have a definition . An~
also there was no men tion of emergency temporary shelters in the Code . So w~en we adopted the UDC , in that
update, we added the term and the definition and allowed tt,e shelters in the MU-B-2 and the MU-R-3-A zone
districts . And that reason ing was based on the fact that '.ha Broadway zone , Iha MU -B-2, and the R-3-A zone ,
which was directly adje.cenl to the Broadway corridor, would be close to tran sit. .. and allow for people to reach
Englewood City Council
Jenu1ry 8, 2007
Pagel
the emer~ency temporary shelters . In late 2005, a church in an R-2-B residential zone u1ed their b11ement to
hou ■e a shelter ... to create a shelter . They did that during a time of extreme cold weather . The l11ue came up
and was reviewed for both zoning and the fire safety issues, and it was determined thet , mo1tiy ... beyond the
zoning lnue, were the fire and safety issues . This topic was discussed with Council back In Januery 2006 and
in October 2006. And at that lime, during those study sessions , Courcil directed staff to melntaln the
emergency temporary shelters In the two ex isting zone districts and to provide review criteria of how the City, In
a coordlnato!d manner, could look at temporary shelters and also ad1ress the health ~nd 11f1ty l11u11 . The
proposed amendments are intended to clarify the terms and the requirement,, e1t1bll1h a review p1oce11 end
prov ide regulations that meet , not only zoning , but also safety concerns . Thia 11 note homeleu 0<dln1nca .
Th is Is an ordinance for emergency shelters ... tempornry shelters that would flt the need ol the commun ity In
times of flood or tornado or maybe a homeless situatin, ,, such as occurred In 2005 with the church . The
amendmante are on page 20 and page 6. The ma in amendment is to Table 18-5-1 .1, Table of Allowed Uses ,
where the use or allowance of th e tempora ry shelters was changed to a Limited Use rather than I Conditional
Use . Under Conditional Use , that would require a heari11g before the Planning and Zon ing C0<nmlss lon and
cons idering that this is supposed to be for a temporary use, something that would be short term and probably
would come up unscheduled , considering the Conditional Use method requires the hear ing and the publication ,
probably ta ki ng as much as 3 weeks ... it wasn 't log ical to try to fit a temporary situation Into some prescribed
time frame . So, therefore, we changed th at to a Limited Use and then created a cr iteria under the Lim ited Use
in Section 16-5-6 which ir , new sect ion that act dressed the timeframe and a definition of what the City would
cons ider temporary and that wo uld be selling a ma xi mum of five consecutive days per Limited Use permit with a
max imum of si x permits per ca1 P.nd ar year. Because this is an emergency situation end we don 't know ... we
cen 't schedule what an emergency is, we have also included some discretion for the City Manager or des ignee
so that if say a tornado hits and the n is a large number of people that are In need of a shelter ... if a fiv e day
per iod is not suffic ient and we need to adjust th11t , we can make adjustments with in that. If this is a regional
disaster . we can loo k at that on an indiv idual e.:tivity or event basi s. In the chart we also took out Food Shelters
as a use type . Under th e UD C there was Food Shel ter and the Emergency Housing Shelter ... and those are two
different types of uses and so we removed that and we are go ing to be looking at that as an Accessory Use and
take that , probably , under the Unlisted Use procedure later, after rev iewing that with Plann ing Comm iss ion . stie
sa id I would be happy to answer any quest io ns .
Mayor Wu1 usyn asked if ~he re were any que stions .
Counc il .~e mber Woodward sa id I just want to thank Tric ia for answer in g some of the questions that I had last
meeti ng , that I had brought up. I think this pretty well giv es me the answers that I was looking for .
Ms . Langon sa id okay , thank you .
Mayor Wolosyn asked if there was anyone else who wanted to speak during the Public Hear ing . There was no
one .
COUNCIL MEMBER WOODWARD MOVED, .~D IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING
TO GATHER INPUT ON COUNCIL BILL NO . 52, THE PROPOSED EMERGENCY TEMPORARY SHELTERS
AMENDMENT TO 16-5 : USE REGULATIONS OF THE ENGLEWOOD MUNICIPAL CODE .
Ayes: Council Members Barrentine , M.:Caslin , Moore, Wclosyn , Woodward ,
Tomasso , Oakley
Nays: None
Motlrin carr ied and th e publi c hear ing clos ed.
Mayor Wolos yn sa id I would ll f.e to second his than ks for the clarifi cations .
11 . Ordinance ■, Rasolutlon and Motion,
(a) Approval of Ordinances on First Reading
(i) Director Gryglewlcz presented ~ recommendation , from the Election Commlsalon , to
adopt a bill for an ord inance accepting Red istr icting Option 1. He sa l1 the City Charter requ ire, the number of
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Inglewood City Council
Jllllilly I, 200? ..... ,
ragillll9CI YGl4lrl ID Ill revllw9d -V four yura and If redlalrlcllng Is required, It needs to be completed six
rnontllt prior to tht OeMrll Munlcipll Electton. The Election Commlaslon reviewed the sludy done by John
Vabortl In Community 0.V.lopment Ind found that the current districts were within the Charter requirement of
no grNllr thin 11% dlfflrentlll of ragl1tlf8d vot111 between the highest and lowest district and the State
Con1t11utlonlt reqult-t ol 1% belweln high and low on the population . So, the Election Commission
r-,cl1 ldopllng OptlOn t ... thn l1 e map attached In your packet... which would put the population
pen:tnllgl dlfferwncl 114 .811% Ind th1 regl1tered voter1 percentage differential between high and low at
5.31%.
Mayor Wolotyn 11kld If thef1 wera any questions for Frank or for Lou . There were none .
COUNCIL MIMIIII WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(I) • COUNCIL IILL NO, 1,
COUNCIL BILL NO . 1, INTRODUCED BY COUNCIL MEMBER WOODWARD .
A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 , RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE
CITY OF ENGLEWOOD , COLORADO .
Mayor Woto1yn alked If there was any discuss ion .
Mayor Woloayn said I don 't know ii I heard It, bul lhls means ii leaves everything as it was? Mr . Gryglewicz said
yea .
Vote rt■ult1:
Motion carried .
Ayes :
Nays :
Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward,
Tomasso, Oakley
None
Mayor Wolosyn said thank you Frank .
(i) Director Simpson presented a recommendation from Iha Community Development
Department to adtpt a bill for an ord inance authorizing removal of the billboard at 2730 Soc'.h Broadway and
rebuilding the billboard at 2896 South Broadway under a non-revocable permit. He sa id currently we have two
legally permitted billboards located at 2730 and 2896 South Broadway. The owner of both of these properties,
Who has theae billboards on them, has been intar-,sted in having one oi these billboards removed in order to
help facilllate some redevelopment of one of the sites . However, just to give you some background, that
particular billboard ls ... thay are an Interesting kind of concept , but as a result , they can't necessarily be removed
because the laasa on that Is basically forever . And so , what we have done Is between the City and the property
owner , we have been able to negotiate for removal of the billboard at 2730 South Broadway and in essence, we
have been able to permanently remove one billboard and rebuild the one at 2896 South Broadway and have II
an Improved 1tructure. By doing this, we are basically reducing the total number of billboards In Englewood
from two to one on these two properties . We are fecillloting the redevelopment of the sile al 2730 :south
Broadway 1n<1 we ere reducing site clutter along Broadway . We ere here tonight to request this th rough
ordinance, because staff has no ability to grant this and there Is no appeal ability , so It has lo come directly by
ordinance through City Council, If you are inclined to do this . We request that you approve this ordinance .
Mayor Woto1yn 11ked W there was any discuss ion .
Council Member Barrentine aeld let me get this stral0ht. We have two billboards now and they are going to give
up one? Mr . Slmp1011 uld correct. She said okay . So both of them will come down from Where they are
prnanUy 11. .. one will go ■way forever and one will be placed somewhere else? Mr . Simpson sa id we havr; two
bllbowd1 ., .th1 one at 2730 will go away and the one at 2896 will be rebuilt . The structure of II Is very 010 end
needt Improving . We wanted to do that before, but weren 't able to come to an agreement. That will be done
Englewood City Council
J1nu1,y I, 2007
Pagel
under this agreement. The size of ii will inc,aase slightly, but bas ically what you are do ing, you are getting rid of
one billboard out of the two ... 10 1 reduction of 50%. Ms . Barrentine sa id so they are do ing that so that they
can ... they are redoing I build ing or? ... Mr . Simpton aald at the placa where the billboard Is going away , It wil l
become avaltab!a for redev,topment, because where the billboard Is currently, it Is creating restr ictions in the
footprint of Iha bulldlnga . So, It will allow It to be fully maximized on the property , for redevelopment purposes .
Ms . Barrentine said the billboard cond ition prasently that Is allowed ls ... Mr . Simpson said ... would not go away
unless we somehow come to this agreement. What the result would be , at the 2730 location , if you were not to
approve th is ordinance , for exar.,ple , that sign would rema in as it Is currently ... both signs would rema in as they
are currently ... they would not ever go eway , unless they are comp l9tely destroyed by some freak of nature ,
because they are completely made out of ateet . They would not ever go away and It will create a different
configuration for redevelopment. It will not maxim ize the redevelopment potential on that north property . Ms .
Barrentine said okay .
Council Member Woodward sa id 2730 Is currentl y vacant ground wa iting for rede ve lopment? Mr . Simpson sa id
that Is co rrect. Mr. Woodward sa id 2896 ... the billboard there that is going to be rebuil t...you said the fa ce of the
billboard will slightly increase In size ? Mr . Simpson said that is correc t. Mr . Woodward sa id okay .
Council Member Barrentine sa id the total billboard signage will decrease , because we are miss ing one sign so it
is not go ing to be twice the size . I mean it will still dimin ish the amount of billboard . Mr . Simpson sa id you are
dimin ishing the total number , and tne total size area , if you combine everything , Is actually a 10% reduction . II is
not as muct, as I would like , but the total number of signs in the City will be reduced ... which is importan t.
Mayor Wolosyn sa id so the new bl':boerd will be almost twice as big as the exist ing one ... if it's a 10% decrease
in total signage ... Mr . Simpson sa id no . II goes from a 12 x 25 current to a 14 x 48 . Counc il Member Moore sa id
that is huge .
Council Member Mccaslin said who currently uses the billboard ? Mr . Simpson said they are owned by CBS
Outdoor .
Counc il Member Moore said what is coming down ... what is the size of the one that is com ing down? Mr.
Simpson said the same size ... 12 x 25 . Mr . Moore said I don 't have a frame of reference , but that sounds almost
twice the size . Mr . Simpson sa id it will be 300 square feet larger at the new locat ion . That is correct. But the
total square foot area of all signs comb ined is improved . Ma yor Wolo syn sa id of the two signs . Mr . Simpson
sa id yes, of the two signs .
Director Simpson sa id there are many factors here .
Council Membar Barrentine said I mean , its kind of like ha ving ... you know ... three liquor stores ... okay they are
all small, little liquor stores ... l'd rather have one big liquor store and ha ve peop le pass ii qu icker , than have
three smaller billboard signs , one right ofter another ... that Is more negative than one brand new rebuilt one. But
the total amount does diminish then , but not by a lot. Mr. Simpson said correct . I th ink that Is a great way of
expressing It .
Mr . Simpson said the reason I am br ing ing this forward is it Is a policy decision that you have to approve . I can 't
make It, but it was my op inion that what you are do ing is reduc ing the total number of billboa rds . While the alze
is certainl y ' ,easing on that one billboard , you are gett ing rid of one that could never, ever go away .
Council Member Barrentine sa id how Is th is interfering with the development of that property? Mr . Slmpaon Hid
the base of the structure Is where a new build ing footprint would be going . Ms . Barrentine said the b■H of th■
structure Is actually on the ground or on a building? Mr . Simpson sa id on the ground ... the baae of that algn
structure wou ld be where the new footpr int would be placed . And so therefore , Wit remains , which It will, the
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'oulld lng will probably not be as effic ient or won 't be develop ed In that manner and so It probably won 't go In •
thare ... and we are looking at , at lo ast a couple of storied build ing there .
Mayor Wolosyn sa id I have one more question , just to visualize it. Is that 12 foot. .. the width or the height? Mr .
51mpson aald the 1l feet Is the he lght...so It is go ing to be 2 feet higher . She sa id so It will be 481181 tong? M<.
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Eng!ewood City Council
J1nu1ry e, 2007
Pagel
Slmpaon said yes, ii Is go ing to be 2 feet higher and II will be longer. II will be more of the standard billboard
atze.
Council Member Barrentine said what do you mean the standard billboard size? Mr . Simpson said If you go
down Broadway and other locations where there are new billboards , they are a larger format than what our two
old ones are .
Council Member Moore said it certainly would be helpful to have pictures . Is there a rush to get this agreement
done? I, personally, would prefer to have photos before I vote on this . Mr . Simpson sa id t can get you
drawings .
Mayor Wolosyn said I think we are meeting next week in a regular session ... it is not a two week delay.
Mr. Moore said I have one other question. You mentioned that there is no other way to do this . I just want to
clar ify ... l mean , rezoning an op tion? Educate me . Director Simpson said there are no land use opt ions that
ex ist. This has to come from you . Mr . Moore said I am ask ing if us rezoning is an option . Mr . Sim pson said no ,
It Is not. Council Member Moore sa id Dan can you explain that ?
City Attorney Brotzman sa id and the answer is ... what you would be look ing at is a taking ... and the answer
Is ... in the land of billboards , you may not. II becomes a free speech issue . Council Member Moore said we had
the right to proh ibit any new ones , we had the right to proh ibit remodeling them, but we do not have the right to
take one of them away? City Attorney Brotzman said that is correct .
Council Member Oakley sa id given the fact that the property owner owns both propert ies and it's going to hin der
him developing one property like he would like to and he is will ing to move it over to the other and we can't do
anything about the sign company , I don't know whal other options we have, unless we want to hinder the
development .
Council Member Moore sa id two small billboards as opposed to one twice the size ... and maybe this is the right
solution ... but , It Is hard to imagine . We are generally saying ... obviously, from past action we have decided
billboards are not what we want in the community and now we are doubling the size of one . t am not sure what
Is the lesser evil. This is probably fine ... l would just like a visual for it.
Council Member Oakley s, ':l if we are go in g to end up with the same footage and not hinder development , I
would say that Is the way we go .
Council Member Barrentine said he said we end up with 10% less and I still stick with .... l would rather have a
bigger, newer one ... one ... lhan two smaller ones together . When were those originally built...the two? Di rector
Simpson sa id they were granted back in 1960 ... the earty 60 's. So , they have been there a long time . They
were granted by a variance that ran with the land and as a result they are one of those few billboards that can
never go away . They have tremendous value to the sign company .
Council Member Barrentine asked if the same sign company holds the lease on both of them . Director Simpson
said that is correct . And, Ms . Barrentine said, this sign company Is willing to give up two ... Mr . Simpson said
they are will :ng to give up one . Ms . Barre ntine said t mean they are willing to give up accessibility to two ... to
Just have e newer one that Is bigger, that is more standa rd to what is be ing built today . Mr. Simpson said yes .
Mayor Wolosyn s•:d all John is asking for is a one week comfort zone .
Council Member Moore said I'll further clarify ... do we need two readings on this ? Mayor Wolosyn sa id yes . Mr .
Moore said so we could pass it tonight, but request for the second reading that we have all the information .
Director Simpson sa id okay , that will be fine .
Council Member Oakley said if that is the compromise , I propose that we pass It tonight and review it on second
reed ing .
Englewood City Council
Jenuary I, 2007
Page 10
Council Member Moore said as long as that Is understood, I am happy with that.
Mayor Wolosyn said okay . I have one question , on the background analys is and alternatives, you have the
thing about the current sign code doesn't adequately address the issue of billboards and this two for one policy
"may" be incorporated into the new sign code revision . However, in the actual ordinance , the language is
changed to this two for one pol icy "will " be incorporated . I myself would feel more comfortable with "may" be
Incorporated .
Director Simpson said I would prefer to keep it ·ma y" ... I actually didn 't get to write th is particular version.
Mayor Wolosyn asked if everyone was comfortable with lha t ... l can add · •, as an amendment? Direc tor
Simpson said that is just in the staff report , t would just say ... don't go tr ... e. Take this on a case-by-casa basis .
Council Member Moore said Ne don 't ha ve any more , we are down to one . Why do we need a lwo for one?
Mayor Wo losyn said that was anoth er qu esti on I was going to ask . Why do we have this clause in here at all ?
Director Simpson sa id there are oth er bill boards in the City . I can give yo u the total number. But , there are not
that many, there are some that are located on South Santa Fe . Counci l Member Moore said okay.
Council Member Barrent ine said these aren 't the only two .
Mayor Wolosyn asked if there we re any other quest ions .
Counc il Member Barrentine sa id this issue has come up with a coup :e of the other billboards ... when I ha ve been
out talking to business owners and I apprec iate that you have taken a creative stance to work with th ese people,
because what is happening is that people are not movi ng forward , because they are not willing to give up
revenue that is already ded icated or on leases that they can 't give up and I don 't want to give up the
redevelopment there . There are severa l on South Broadwa y, in my district, that I would lik e to see explored
also. So I am really glad that you are taking these proactive stances and at least bring ing it to the table . That is
smart .
Mayor Wolosyn sa id if there isn 't any other discus sion , do I have a motion ?
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a)
(II) • COUNCIL BILL NO . 4.
COUNCIL BILL NO . 4 , INTRODUCED BY COUNCIL MEMBER WOODWARD .
A BILL FOR AN ORDINANCE AUTHORIZING THE PERMANENT REMOVAL OF BILLBOARD LOCATED AT
2730 SOUTH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY .
MAYOR WOLOSYN MOVED, AND IT WAS SECONDl 1D, TO AMEND COUNCIL BILL NO . 4, BY CHANGING
"WILL" TO "MAY" IN THE FINAL WHEREAS CLAUSE.
Mot ion carried .
Ayes : Council Members Barrentine , Mccaslin , Moore. Wolosyn, Woodward ,
Tomasso, Oakley
Nays : None
Mayor Wolosyn saKl if the re isn't any further discuss ion , we will vote on the amended council bill .
Vote raaults :
Ayes:
Nays :
Motion carried .
Council Members Barrent ine, McCaslln , Moor8, Wolosyn , Woodward,
Tomasso , Oakley
None
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Englewood City Council
J1nu1ry 8, 2007
P1ga11
Mayor Wolosyn said thank you ... .lhank you Bob .
(iii) Senior Planner Lang ,in prese i,,ed a rncommendallor. from the Community
Development Department to adopt a bill for an ordinance authorizing an amend1nant for the Denver Sem inary
Planned Un it Development and to schedule a Public Hearing ~n Februa r/ 5, 20(7 to take public comment on
the proposed amendm,nl . She said, by background , lhe original PUD was approved by Council as Ordinance
No . 52, Series 2004 . The Denver Seminary site was purchased by Continuum Partners in 2005 and per the
PUD , any amendments that are purposed must follow the PUD process, which would be a complete review
again through Public Hearings of Plann ing and Zoning Comm iss ion aod Coune;1. 'fhe applicant submilled the
amendment application on October 30th, after hav ing the p!a-app,icatlon neighborhood meeting on October 12'",
and the Planning Commiss ion reviewed and recommended appro·,al on December 5th
• The orig inal PUD
rezoned the site to allow 350 residential un its and 65,000 square feet of retail space . The original PUD
rema ined in effect, unless ii is mod ified by these Amendment 1 measu re s Mj the request is t~ amend specific
aspects of the original PUD . The general character of the PUD is not be ing changed II is , till a for-sale
residential development with a retail component. There is no change to the allowed uses and no change to the
building height. What is being proposed Is a change to the layout of the developm ent, the building
configurations and through that , the building envelopes ... that is the area In which buildings can be built...the
landscaping setbacks , and the phasing of the development, as well as a reduction in the retail space and thus a
reduction in the reta il parking ratio , as well as changes to the turn lane on Sou th Univers ity onto Hampden to
mitigate intersection conflicts that we,e identified with COOT . Again , the request is lo set a Publ ic He ari ng lo
address this issue on February 511
'.
Mayor Wolosyn asked if there were any quest ions for Tr ici a .
Council Member Woodward said with regard to the neighborhood meetings , the type of feedback that you
received a\ those, can you share that with us? Ms . Langon said I would say generally favorable . Most were just
there to have questions answered . The applicant has done something similar to !he original applicant and
talked to the ne ighborhood groups ahead of time . They were still working closely with Kent Village and with the
ne ighborhood to the north . because of the sound wall . So , a lot of that discussion was occurring ahead of
lime ... so , I think. generally favorable .
Council Member Woodward said okay and were there any discuss ions on the shadowing or the study fo r the
shadowing with the revised building there ... on the north side of Floyd Place , I bel ieve ii is? Ms . Langon said my
understariding from the developer that they did not do a new shadow study, but did an interpolation from that
stud y bm,ed on the new building layout. I think how they explained It at that meeting ... the shadow would
possibly be longer , but for a shorter period . Mr. Woodward sa id I wonder if they could share that with us al the
Publ ic Hearing . I know Arapahoe County addressed ;I in their mater ia ls also ... a concern regard ing that. The
oth er question I have is on chang in g the two lan e turns from University onto Hampden into one lane , which I
as sume means that lane is go ing to be much longer ... Ms . Langon sa id correct. Wr,ich , Mr. Woodward said,
ga :s ii rig ht back to one of the entrances, I assume . Ms . Langon said not qu ite as far back as the entrance . but
i\ will be longor thar what was proposed . And the reason ii is going back lo a sing l~ lane is the double lane
cf'sels the intersection too much for cross traffic onto south bound University . Mr. W~otNard said okay . Ms .
Langon sa id I am sure thei r traffic engineer will be here on \he 5th and can explain all that. Mr . Woodward said if
Iha traffic people feel Iha\ works , can address that...bul, ii just seems that two lanes move more traffic than one
lane , if the li ghts are the same . Ms . Langon said I will leave that to the traffic eng inee r.
Council Member Oakley said the offset...lhal might be if the lane is longer on 285, they may be able lo go
ahead and make a right and slow down and stay in that lane a lillle longer and then progress out In to traffic .
Cc-mcll Member Tom asso said but the light sequence wouldn't be any different. You wouldn't get any more
vchlcles ... if you had two lanes you would gel twice as many vehicles through the light.
Council Member Woodward said and you would gel lheni ric :11 to the entry here as they are turning, so .. ii is up
to engineering .
Englewood City Council
J1nu1ry I, 2007
P19112
Council Member McCaalln sa id I'm trying to recall ... wasn 't there a dl•cu11lon a, ,t c1e availability of the fire
department to get Into the flr■t proposal? Has that been addresaed ... the a ■fety l11ue1 as far as hydrants, water
and 10 forth? Ma . Langon said with the new layout , the Internal roadways are actually wider , ao that will actually
help with the emergency veh icle traffic through there . Mr. McCas ll n said was that the original concem ... it was
Juel gett ing the fire trucks In there?
Council M~mber Moore sa id ii is an issue of dislance ... lh a distance from ... 11 Is one of the furthEJt polnts ... and it
Is relatively densely populated , as opposed '.~ actual er, figuration . Mr . McCaslln said okay , thanks .
Council Marr.bar Moore sa id I just want to second Jim 's commen t. I would defi nitely ll ►e to hear specifically
about th~ ~t,adowlng during the Public Hearing . Ms. Langon sa id I will make sure to pass that along , so that
they wilt be able to address It.
M~yor Wolosy, asked If the re ware any other questions . There were none .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a)
(Ill)· COUNCIL BILL NO. 5 AND TO SET A PUBLIC HEARING ON FEBRUARY 5, 2007 .
COUNCIi. BILL NO . 5, INTRODUCED BY COUNCIL MEMBER WOODWARD
A BILL FOR AN ORDINANCE AUTHORIZING THE DENVER SEM INARY PLANNED UNIT DEVELOPMENT
(PUD) AMENDMENT NO . 1.
Mayor Wolosyn asked if there were any co mments . There were none.
Vote results:
Ayes :
Nays :
Mot ion carr ied .
Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward ,
Tomasso , Oakley
None
(b) Approval of Ord inances on Se cond Reading
(I ) Counc il Bill No . 51 , approv ing amendmen l of Ti tle 15, Chapler 3, of the Englewood
Municipal Code 2000 on Graffiti Abatement was considered .
COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b)
(I)· ORDINANCE NO, 1, SERIES OF 2006/2007 .
ORDINANCE NO . 1, SERIES OF 2006/2007 (COUNCIL BILL NO . 51 , INTRODUCED BY COUNCIL MEMBER
OAKLEY)
AN ORDINANCE AMENDING TITLE 15, CHAPTER 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 ,
PERTAINING TO GRAFFITI.
Vote reaults:
Motion carr ied .
Ayes : Counc il Members Barrent ine, Mccaslin , Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nayo: None
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Mayor Wolosyn sa id I would li ke to add tha t I saw the new Citlz an and I apprec iate the art icle on graffiti on the •
front page .
(ii) Council BIii No . 53 , authorizing the sa le of th e prope rty located al 2360 South Zun i
Streot was cons idered .
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Englewood City Council
J ■nu ■ry 8, 2007
Page 13
COUNCIL MEMBE~• WOODWARD MOVED , AND IT WM SECCl!DED, TO APPROVE AGENDA ITEM 11 (b)
(II) • ORDINANCE N•J . 2, SERIES OF 200~./2007 .
ORDINANCE NO . 2 , SERIES OF 2006/2007 (COUNCIL BILL NO . 53, INTRODUCED BY COUNCIL MEMBER
WOODWARD)
AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI
STREET PURS UANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD A,\J ARAPAHO E COMMUNITY COLLEGE /AREA CAREER AND TECHNICAL SCHOOL .
Vote re ■ulta:
Motio n car ried .
Ayes : Council Members Barrent ine , Mccaslin, Moore . Wolosyn , Woodward,
Torras•n. Cakley
Nays : None
(c) Reso lutions and Motion~
There were no additional resolutions or mot io ns submitted fo r approval. (See Agenda Item 9 -Consent
Age nda .)
12 . General Discussion
(a) Mayor's Ch oice
(i) Mayor Wolosyn said I know there is going I? be a funeral for Jim Ulric h tomorrow at
10 :30 a.m. I woul d jus t hke to have the address ... maybe ii could be forwarded ... the address of lhe Cathol ic
Church . Director Olson said it is at the Light of the World Church al Bo wles and Kipling . Mayor Wolosyn said
maybe he would lik e to tal k a little bit about tomorro w.
Direct or Olson sa id the services will t,e at 10 :30 at Light of the World Church. We figure the service will be
about 45 ,ninutes long, so it is go ing IL be relat ive ly in volved . There will be a lol of people attending this service
so if you are interested in coming , I wo t.Id suggest that you gel there probab ly around 10 o'clock or 10:15. Mike
has the address here . It is 10316 Wes, . .JWles . Thanks Mike . There will be plenty of park ing available for th at .
About 11 :30 we will start the processi on , ,. •ich will proceed from lh e church to Ft. Logan and will be in
Assembly Area A. Again, everybody is welcome to be in the process ion , so there will not be a lot of mingling
aflerwards ... most lfkely we have lo be relati vely on time for the Ft. Logan ceremony . There will be a flyover by
Airlife helicopters ... both al the church and al the interment. Th e int erment will be al Ft. Logan at noon and
those generally won 't take more than 15-2'. .inules . Then lhe recept ion will be back here in the Community
Room at 1 o'c lock . At that time we will be able lo ha ve an oren mike, so to speak , for remembrances and so
forth , regarding Jim. That is essentially the plan for tomorrow. Again, ii is a very trag ic sit uallon ... something
that came about very rap idly and caught a lol of us off guard . Jim was very brave right up until the end , but
unfortunately lhe disease fi nally took hold and he did pass away from it. We will be there to remember him
tomorrow and hopefully all of you will , if nothing else . be ab le to make it at least lo the reception if pos sible. if not
lo the service itself.
Mayor Wo1osyn sa id please extend my condolences to the Department. Counc il has sent someth ing lo the
family . Thank you .
Director Olson said I will be doing the eulogy tomorrow and I will be mentioning that during the eulogy .
(ii) Mayor Wolosyn said also tomorrow at 10:30 is the Grand Opening for the Noodles over
here .
(iii) Mayor Wolosyn said Happy New Year .
Englewood City Council
J 1nuery I, 2007
r'ege 14
(b) Council Members' Choice
(i) Council Member Barrenline :
1. She said I want to tnank Community Development again . I like the innovative things that you are doing
and one of those has brought yet more Investment into the community and fortunately , this lime, In my district.
The building at Qu incy and Broadway will be demolished and a Starbucks is going up on there ... a nice comer
for that. That property has been, I believe, vacant for the vast majority of the time that I have been on Counc il.
Do you have an update on It? I'm exc;ted about It. I'm very happy . It Is going to look really good right across
from the brand new Ban k West that was just built . It is start ing to move down there .
Director Simpson said we are excited about It too . It 's going to be a new Starbucks at 4298 South Broadway .
Building permits are approved . They are getting re?.o ,· to do the approval of a demo permit and as a result , it
wilt heve a spring construction timeframe . As Council Member Barrenti ne had mentioned , it has been vaca nt
for some lime and as a result it was previously a gas station, a used car lot and ,,ow mr.v ing Into the
redevelopment process . The site has a very large frontage on Broadway and it will be what they call a company
Starbucks as opposed to a franchise Starbucks ... the first one on the north portion of Broadway . And I think
because of the fact that ii is a company Starbucks, they are actually upgrading the landscaping and architecture ,
so I think we are going to see an improved level of that. That's really all, but we are excited .
Counc il Member Barrentine said it will be a drive-thru . Director Slrr.pson said •: will be a drive-thru . Ms .
Barrentine said, once again , when I talked to Ep ic Construction, when I tal,ed to the genliemen there that were
working and the manager ... just excellent things that they said about working with the City ... that makes all the
difference in bringing this kind of investment in and I am glad to see it hilling on South Broadway ... it won't be
•
the last of it. And with you and Darren working with these guys, I am impressed . Thank you very much . •
Director Simpson said thank you . He noted that Public Works , the Building Department and Utilities all really
contribute to making these things work and make it happen . Thank you very much .
Mayor Wolosyn said thank yo u Bob .
2. She said I wanted to point out the rep ort from Public Works . While I enjoyed the first storm and the
second storm and I am very impressed with my block and my neighbori1ood and I love living In Englewood for
these kinds of times when all the neighbors come together and we went and had cook ies at each others houses ,
had hot chocolate and shoveled each others' walks . I am sure that we were all kind of burnt out by the third
one, but impressed to see the kind of comments that were made about Public Works ... that you guys got out
there, that you got out there right away . I heard most of the compliments from people who , unfortunately, had to
deal with Denver, Aurora and Lakewood , because that was where the real ... the proof was In the pudd ing when
they had to go outside this community and realize that we hold to a pretty high standard and that Rick Kahm and
his department maintains that . I also found out , in talk ing to Ric k, that that department has been cut by about a
third over the last eight years and for them to perform ... those 18 men ... to go ahP.ad and perform to the level that
they did , I am extremely proud. I'm also proud of my neighbors . We shoveled a lot, but we did that for free and
I am just really happy to see the report here and I don't think it could be said better ... that the conclusion of this
report from Publ ic Works says : Public Works has managed Its budget well through 2006 and at th is time, that
Rick believes , that these addllionel expend it ures from these storms can be covered within the 2006 budget.. .so
a lot of work and excellent budget news on the same rep ort . Congratulations . t really apprec iate all the hard
work ... that was excellent.
3. She said I wanted to bring up one concern that I had about the things that were said earlier with the dog
Issue . I have a concern that it is ~eing put across , at this po int , that people ere just getting all th is wrong
lnformalion and that they just misunderstood and blew things ou t of proportion . At that Study Session , at that •
meeting , where the vicious dog ordinance was discussed, at the same time and the same packet was presentP1
a breed specific ban ordinance . It was discussed. It was agreed on . The issue has not gone away . It was not
on the agenda , but there was an ordinance drafted for breed specific bann in g pit bulls . It was lncluded ... so
peop le had every right to have those concerns and those issues , because we were discussing ii and somebo~y
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Englewood City Council
Jenuery a, 2007
Page 15
had taken the lime to put an ordinance together . While ii was my understanding that we were not Interested In a
breed apaclflc ban , the ordinance, nonethele11, showed up . So, ii lo still on the table 81 far as I cen tell. II Is still
being discussed . And 10, If people are bringing those Issues up, they didn 't just pull It out of thin air . II was
something that really , truly happened at that meeting . While the lime ran out and we never did gel to addlllonal
talk about that...11 existed . And so, ii people have a concem about those Issues then I would believe that they
should stay concemed that II Is still be ing discussed within Council.
Mayor Wolosyn said I just want lo second your comment about Public Works . Thank you for bringing up those
well deserved comments .
(ii) Council Member Mccaslin said I just want to say thank you to Rick Kahin and his office .
I had one com?iainl and ii was taken care of right away . Bui I aiso read in the paper where there is Federal
money availab 'e. I don 't know ii we can gel any of that money or II It Is offered to us ... do you know?
City Manager Sears said actually Rick and Mike have been talking about that. Actually ii ii is okay, a qu ick
statement about that would probably be a good thing . Rick , do you want to talk about that?
Director Kahm said ii was advertised on the television this week that there would be some FEMA money
available . I met with Mike first thing this morning . II is still unclear as to exactly what they will cover. .. they will
co ver some overtime costs , possibly some equipment rental costs . The dates that they will cover are still
un clear . The events sla11ed on the 20" here . When we were read ing it today, ii sounded Ilka it might only be
through the 22'° ... bul we will follow up on that. Bui, whatever is available , we will actively pursue . In the 2003
storm, I think Mike said that they refunded th is at 75% of our expenditures . So , there may be something there ,
but wr:. j11st don't \<,.,ow what it is yet.
Counc il Me mber Mccaslin said thank you .
Mayor Wolosyn sa id thank you . And thank you Bob , for bringing tha t up .
(iii) Council Member Moore said I will move Council Bill No . 2, wh ich is an attempt to clarify
some existing language with respect lo sto ra ge of trailers in residential areas ... we are attempting to add more
deta il, where we weren't specific enough before .
Mayor Wolosyn said I would like to add that trailers were not actually defined and ii made it possible for any size
veh icle to be stored on property and this ordinance clarifies the type of trailers that may be stored .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 2.
COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 15 , CHAPTER 9, SECTION 2, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, TO CLARIFY THE TYPE OF TRAILERS THAT MA Y BE STORED .
Mayor Wolosyn asked ii there was any discussion .
Council Member Oakley sa id in the second "Whereas " .. they ne•-to add an "or" between rear and side ... to
match the other wording further on in the ordinance .
Mayor Wolosyn asked ii there were any other comments or discussion .
Council Member Woodward said I just wantto make a point that this addresses lrailers ... l actually had two calls
regarding thls ... 11 does not address motor homes and other Items ... this Is trailers only . So nothing Is changed
with regard to motor homes .
Council Member Barrentine said I would add that over the course of the three years that I have been on Council ,
we 've had numerous public meetings where peop le have objected to the orig inal ordinances that went In on
Engl-ood City Council
J1nu1ry I, 2007
P19118
trailers to begin with. I would have like to have aeen us have a Public Hearing on this , so that some of these
lasuoa could have been addressed since we are changing something that has been somewhat controversial and
now limiting It again . So, I will be voting no against It for that reason . I really think that we should have made
the effort for something that was controversial to at least hear from the public .
Mayor Wolosyn said thank you .
Vote results:
Ayes : Council Members McCasl'n, Moore , Wolosyn , Woodward ,
Tomasso , Oakley
Nays : Council Member Barrentine
Motion carried and Council Bill 1;0 . 2 was approved as amended .
(Clerk 's note : Council Bill No . 2 was listed on the Agenda as Item No . 12 (b) (i).]
(iv) Council Member Oakley :
He said I too would like to commend ail the City employees that helped us through this storm and the
emergencies that it created . Of course, everybody knows that the bulk of it falls on Public Works , but there are
other div isions involved too . What Rick said about be ing able to accomplish what they did ... and accomplish it
with fewer men . As you know, I can really altest to that, because I or iginally helped set up the plan and we
followed \he plan, I think prel\y much this time as we set up almost 20 years ago . They work ed then and \hey
work now . Good job .
Mayor Wolosyn said Wayne I would like to thank you for the comments you made to a citizen ... they were helpful
tome .
2. He said since we are go ing to be talking about the dog ordinance and al\acks on animals and stuff ... l
did have a call from a citizen who actually lives 011 my block .. .4600 block on Mariposa ... and this is a vi,c :ous
animal, but it is not a dog . Unfortunately , \wo neighbors had \hree dogs al\acked and one killed by a fox and
partly devoured one dog . So , \h is may be something that we rnay have to be address ing in the future when ii
comes to vic ious animals.
Council Member Woodward said I lhink , bu\ I don·: k~ow for a fact , but I think that Colorado Wildlife is a venue
for them .
Council Member Oakley said I am sure they will be, but nevertheless , a vicious animal is a vicious animal.
Mr . Woodward sa id yes , no question .
(v) Council Member Tomasso :
1. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL
NO. 3 AND TO SET A PUBLIC !-'~ARING ON FEBRUARY 5, 2007 .
COUNCIL BILL NO . 3, INTRODUCED BY COUNCIL MEMBER TOMASSO
A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1-A, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ENTITLED "DOGS AND CATS".
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Mayor Wolosyn said thank you and I would like to add that since recent discussion has focused on the
adequacy of the current law concerning vicious dogs, we revisited this is sue . Currently, a dog Is declared
vicious if It has two convictions for aggress ive behavior. There Is concern that this Is not an effective pollcy. •
Council studied a recent ordinance enacted In Lafayel\e , as well as other ord inances and articles submilled by
citizens and Council and, after discussion , we agreed upon the language of this proposed ordinance which
includes e definition of vicious dogs along with provision for ownersh ip of such dog In Englewood . We also
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Englewood City Council
January a, 2007
Page 17
added language , which was me nlion •d earlier In the meeting , to 7 -1-A-2C regarding the definition of the dog
being under reasonable control. This section now also states that a dog in an unfenced yard , without a person
preHnt, Is not under reasonable control . And the proposed oro inance also adds a provision that makes
tether ing unlawful , if a dog is left tethered , , inattended on a cord or chain of less than four feet for more than an
hour. And as we said , we will have a Public Hearing to take more Information on th is.
Mayor Wolosyn asked if there was any discuss ion .
Council Member Barrentine said I have some concern . There were several commun it y groups that have dealt
with this on a nationwide , statewide level, doing leg islation and I had proposed to them that some or their
ideas ... that they might go ahead ... run that past Dan . They had some questions about this ordinance and some
concerns and I thought ii would be worthwhile to work with them ahead of time to be proactive and see what
their concerns were , especially since this is their forte . I came to find out that , specifically he had been told by
the Mayor and Mayor Pro Tem , that he was not allowed to discuss this with any outside group . I disapprove or
limiting any citizen 's availabil ity to bring their concerns ... and any method ... and I will be voling no against this,
because I still haven't heard those concerns and I think that they have got a lot of expertise here . It shouldn 't
have been ignored and it certainly shouldn't hav b been stunted .
Mayor Wolosyn said I would like lo say that I have had no conversat ion with the citizen . However , I do say that
at the meeting where we worked for two hours on this, I recommended to Counc il that it come to us in ordinance
form and have a Public Hearing , so that we can all hear the informat io n and work on it and make any
adjustments we feel ... all of us gett ing the information at the same lime and I asked if Council concurred and
they said yes and I th ink that is how that information was forwarded to that person . I look forward to hearing
them at the Public Hearing .
Council Member Woodward said I just want to address that too . I think I certainly know who you are talking
about and the question was posed to me and it was posed to the City Attorney's office and the City Attorney 's
office felt t.,at, together with staff and their legal department , they had enough to write an init ial ordinance and
the suggestion was that they shou ld come forward at the Public Hearing or work with us . And I have worked
wit h this particular individual quite a bit on th is and listened to her ... not totally agreeing with all of the points and
thin e; that have been brought up by them . Bui, th is part icular citizen and others , I am certainly willi ng to listen
to , but I don 't think anybody ... Ms . Barrent ine said while I respect that you had an opportunity to work with them ,
which you have limited them from be ing able to do was to have an opportunity to work with staff and other
Council people . So , that is nice that you got to talk to them . I think it is inappropriate for us to prohibit staff from
being able to get additional information from people with an expertise in it. I th ink it was inappropriate .
!.iayr,-Wolosyn said I would like to say that I take responsibility for this . I made a decision and asked Council to
mccur that we see this in ordinance form , we see what we are putt ing forth and then all or us take public input
a: the same lime and move forward as we work on this , as we did for two hours . And I would like to end that
discussion, but I see Wayne wants to make a comment.
Council M~mber Oakley said I was going over the memos that Mike had forwarded to us and out of the sixteen
memos , as near as I could tell, only three or them were Englewood citizens . I would certainly like to hear more
from our citizens on this and less hype from some as far away as California .
Vote reaults:
Motion carried .
Ayes : Council Members Mccaslin , Moore, Wolosyn, Woodwar•.1,
Tomasso, Oakley
Nays : Council Member Barrentine
[Clerk 's note : Council BIii No. 3 was listed on the Agenda as Item No . 12 (b) (Ii).)
2. He sa id on the Thursday afternoon or the blizzard , the South Bus iness BID District did meet even
though the bank closed at 11 o'clock . We did meet at the restaurant across the street and concluded all or the
bus iness they needed to cont inue with for 2006 , Includ ing pass ing the budget. So , all of the BID members are
Englewood City Council
January S, 2007
Page 11
very serious about this BID . They did close their bus in esses shortly after the meeting and try to make It home
during the blizzard .
3. He sa id also I came back the Friday after Christmas . II was nlca to reach Englewood where the streets
were plowed . Thanks Rick . There are a couple of snow potholes ... do I turn those over to you ... those really
deep ones?
(vi) Council Member Woodward said again I want to compliment Rick and all of Public
WOfks and the other departments that worked . I know a lot of people slept a lot of hours at the Servlcenter. I
can't Imagine It Is a very comfortable place to spend the night or day, but I th lnl< you have done a really, really
great job considering the conditions . I am real proud or what Englewood did . Thank you .
13. City Manager's Report
(a) City Manager Sears said I would also like to just say thanks to Rick and his crews because they
did stay here. Also Mike Flaherty was here . I was out of town over the last couple of we~ks. He made some
tough decisions and both he and Leigh Ann Hoffhines, I think, were very responsive to the citizens. I know Mike
did a great job, along with our Police Department that was out there on the stre•ts doing things . We also had
seven water main breaks during that timeframe , so our water crews were also out. I really appreciate the work
and I get to work with a really good staff.
(b) City Manager Sears said we did get the Colorado Business magazine. I sent you a copy or it.
That Is the new one statewide with the new governor on the front and above the governor It says, 'Who own s
Colorado? Englewood's Upward Projection". So I guess we kind of took a little bit of the thunder from the ne w
governor. Actually, it was really nice to, again, see some articles about Economic Development in Englewood .
Mayor Wolosyn said ,hank you .
14 . City Attorney 's Report
(a) City Attorney Brotzman said I do have one comment...back to the dog ordinance . On one of
the citizen's comments, wh ich were very well articulated and they were debated by Safety Services, tho
prosecution stall, through my office and courts . The first one being the definition of attack . I personally don 't
like using the word "attack" in the definition . This is going to go forward as it ls ... it will show up this way at the
Public Hearing. I actually agree with that. The prosecutor's office actually advocated keeping it the same ,
because it has been that way and it tracks the State Slatute . We went with the prosecutor's office reading and
interpretation on that. There was also a comment about bodily Injury and serious bodily harm. Now those are
two fascinating definitions , because while they are still contained in the ordinance, they are no longer
referenced . In previous drafts , there was "attack" and there was "vicious" animals. As you will now see , the
owner Is responsible for an attack. They are responsible, it is not proh ibited . The reason that that was changed
was that there was a fear when these were merged together ... and then the Lafayette ordinance, togethor with
the Englewood ordinance and through the various debates, what happened is there was a fear that "attack"
would be a lesser charge that you wouldn't have to meet all the conditions for . We removed the charge or
·attack" by dog. You have vicious dog, which elim inates the two pieces . There used to be ·attack by dog" and
"vicious dog". The "attack by dog" being a lesser charge ... meaning you would need bodily Injury, not serious
bodily injury. The fear again wes that the prosecutor's office would plead that down always to attack Instead or
vicious. Thus you have two definitions that are no longer Important, because you only have vicious dog with the
owner responsible now for any attack by a dog .
Mayor Wotosyn said I believe this Is what I was trying to get at when I was asking you how Is a dog ...
City Attorney Brotzman said right, so the answer is this is mak ing sausage and we are seeing Inside the casing .
Mayor Wolosyn said so Dan , are you going to bring up some Information that clarifies this? I think her point
about the redundancy or the use or the word ·attack" was well taken , but I wasn 't necessarily ready to accept
her replacement, because we did have discussions on just a menacing attitude and all or that that we also ...
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Englewood City Council
January a, 2007
P111119
City Attorney Brotzman said there Is a simple change that you can make to that. I'll propose that ... I'11 give that
to you In memo fonn so that you can see It. I will also give you the prosecutor's reasoning on why II shouldn't
be changed .
Mayor Wolosyn said okay , I would appreciate that. Ha is going to give us a memo on what he just sa id.
Council Member Moore said I'm sorry. That probably would be helpful. I wasn't sure If you were saying we
could eliminate "bodily harm" ... "seri~us bodily harm·. Mr . Brotzman said actually, as It is currently drafted, you
may. We left them In , In case you wanted to change back and put "attack" back in , but currently they have no
real use . Mr . Moore said on second reading, if we don't have any use for thom, we could eliminate those two
defin itions? Mr . Brotzman said we could eliminate those. Mr. Moore said !hank you .
Mayor Wolosyn said you will give us a memo to that affect? Mr . Brotzman said sure .
15 . Adjournment
LOSYN MOVED TO ADJOURN . The mealing adjourned at 8:55 p.m.
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