HomeMy WebLinkAbout2003-06-16 (Regular) Meeting Minutes•
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I. Call to Onler
ENGLEWOOD CITY COUNCIL
ENGLE WOOD , ARAPAHO E COUNTY, COLORADO
Regular Sessi on
June 16, 2003
Sa
The regular meeting of the Englewood City Cou ncil was ca ll ed to order by Mayor Bradshaw a1 7:33 p.m.
2. Invocation
The invoca tion was given by Counci l Member Nabhol z.
3. Pledge or Allegluoc:e
The Pledge of Allegiance wa s led by Mayor Bradshaw ,
4, Roll Call
Present:
Absent:
A quorum was present.
Co un cil Membe rs Nabh olz . Moore , Graz uli s, Garrett . Wo losyn,
Yurchick, Bradsha \,
None
Also present: Assistant City Manager Flaherty
City Auomey Brotz man
5. Minutes
Ci 1y Cler k Ell is
Director Si mpson. Community Deve lop ment
Dircc1or Ross. Public Works
Seni or Planner S1iu . Co mmun ity Deve lopment
Pl anner Vobori l, Com munity Devel op men t
Director In gle , In fo rmation Technology
Director Gryglewicz. Fina nce and Administr.uive Servic es
Direct or Olso n, Safe ty Sen·ices
(a) COUNCIL MEMB ER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF TH E REG ULAR CITY COUNC IL MEET ING OF JUNE 2, 2003,
Mayor Brad shaw ex.p lai ned that the June 2, 2003 Council Meeting was rescheduled 10 lh c Jun e 9. 2003
Specia l Cou nci l Mec1in g due 10 1hc lack of a quorum .
Vote r esults :
Ayes :
Nays :
Abstai n:
Mo1ion earned .
Counci l Members Garren , Wolosyn, Grazulis. Brad shaw
None
Counci l Members Nab hol:t, Moore , Yurchick
(b) COUNCIL MEMBER GRAZULIS MOV ED, AND IT WAS SECONDED, TO
APPROV E THE MINUTES OF TH E SPECIAL CITY COUNCIL MEETING OF J UNE 9, 2003,
Engle wood C ity Council
June 16, 2003
Page 2
Ma yor Brad ~ha\ asked 1f th ere were an y 1.:orre1.:t ions. addi1 ions. ur co mment s. Th ere we re none.
Vote results:
Aye s: Co uncil Members Nab holz. Moo re . Garre ll. Wolos yn.
Yurchick . Grazuli s. Brad shaw
Nays : None
Motio n carried.
6. Schedu led Visitors
(a) Roxane Mod wa s sc hedul ed lo address Coun cil. Mayor Brad shaw said she had 11 note
th at Rox an e Moc k has resc hedul ed her prese n1 ati on 10 Jul y t h.
(b) Har ve y Rothenberg said I'm here to ask yo u 10 take 1hc hi gh road re garding traffi c
control. You see .. .l recei ved a 1icke1 on Ma y 2 1" at 10:2 5 p.m. in th e 4500 bl oc k of Federal Boul ev ard .
Now. he said . th is is the second tim e I have rec eived a tic ket in the sa me loca ti on. I can 't believe I wa s
even speeding . I wa s beamed at 49 mile s per hour in a 35 milr. zo ne . I leach in the evening al Regi s
Uni ,•ersit y ard come home fr om 50th and Federal by 1aking Federal to Bowles. I belie ve the speed limi1 is
40 mile s an hour fr om where I enter Federa l Boul ev ard . heading so uth. to the Eng lewood ci 1y lim it s, so uth
of Oxford . In fact . headin g so uth on Federa l right before Oxford, there is a big sign saying 40 mile s an
hour . When yC'lu go down the hill there is an other sign saying 35 mile s an hour . You have a patrol car
sittin g by the downgrade beaming the speed gun at the ones coming down th e hill ... the offic er actually told
me th is. I was actua ll y stopped at a red light at Oxford and Federa l. Therefore, I cann ot be lie ve that when
I stancd up again, tha t I was speedin g ri ght be fo re I was stopped , whi ch is onl y a few bloc ks so uth of th e
st op li ght . Now, is thi s tickel legal '! Of co urse it is . Is it e1hical ? Ab so lutel y not . Why ? If yo u asked the
offi ce r who ga ve me the ti cket . I'm sure he will tell yo u I wa s not drh·ing carele ss ly or too fa s1 for traffic .
The loca ti on of th e poli ce car , sinin g by the downgrade fr om Oxford . lead s to spe culat io n as to the purpo se
of 1hi s "traffi c con1ro l." I know ror a file : 1hat on Federa l fr om a1 lea s1 Evan s 10 1he En glewood cit y limit s,
the sp.:cd limil is 40 mil es an hour . In Englewood, on Federal . it is 35 mile s an hour . On ce yo u cross
Be!lcview it's bac k up 10 40 mile s an hour . Why aren't you co nsistent with oth er muni ci paliti es. such as
Den ver , Sherid an and Littl elon? Th e la st tim e I got a ti cket, I was worri ed abo ut my in sur:mce beca use
there was an ice storm the eve nin g befo re and I had an accide nt wi th so me major dama ge . No 1icket was
issued. but I kne w th e repai r on my 1.:ar would be in th e th ousand s. I too k the opti on of no poi nts and
anend ed ori vin g sc hoo l. Th is was an ex peri ence. Mos t of th e "stud ents" were 1eena ger s or young aduh s.
Th ey co mplain ed bitterl y about the polic e. ca llin g 1hem name s. nol wonh menti oning or repea ting here. and
calling the co urt system a kangaroo co un . I th ought j ust take yo ur puni shm ent and be qui et. Yet. I am 66
yea rs old und , be cause of thi s ticket , I fe el the sa me as th os e kid s. Ag:li n. leg all y correct'? Ye<. Morall y
and ethi ca lly ? No. Ethic s is a hi ghe r stand ard th an legal. You hear storie s of inJ iv iduJls not
un dcrs 1anding th e fin e pri1 11 of :1 cont rac t and arc lega ll y bound . eve n th ough it is mora ll y un ethi cal and is
unj ust. Has thi s eve r h:1p pc ned to you? How woul d yo u fed '! Th is is how I fe ll abo ut thi s tic ket. No w I
enj oy shoppin g in En gle wood . So u1h of Hampd en. on Bro a'.iw ay, th ere are some of 1he type of businesses
1hat make th is country gre at. Small . ind epende nt bu siness es and hopefull y th ey will cont inu e: to be
succe ssful. I menti oned lhi s, beca use how ca n I. as an individu al. li ght back abo ut so mcth i11g I fo ci is
unj ust? I ca n qui1 shopp ing in En glewood and spend my money el sew here, elimin atin g providing ~ales
la xc:s lo Eng le\Vood . I loo ked ovc:r my cred it card purchases fo rt, : lasl 1wcl vc mon1h s. I sav e them for
one pre viou s ye ar . I made purchases in 26 establ ishm ent s within th e Englewood c it y limit s. I made a list
fo r yo u. Thi s docs not include ca sh purcha ses from pl aces lik e Bur ge r Kin g. China I-l ouse. J:Jm bur ge r
St.an d and one or my fa vo riu:s. the All For 1hc Better ice cre am parl or. rm sure I prov id ed sa les tax that
~xc eed ed th e $120.00 fin e for thi s ti cke t, he said . Englewood doe s a Im fo r it s ci1i ze ns ... culturall y,
recrea ti onall y and for seni ors. I marvel at th e ev ent s \i sled in th e Cili7.en. Kid 's stuff. fam ily nig ht s and
summer co ncert s. You should be very proud of th ese cffor1 s. Th e Na tional A word fo r th e redeve lopment
of Cin de rell a Ci 1y is well. well de served. I see in a rece nt budge t. yo u ha ve 1he fo ll ow in g inco me fo r traffi c
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Englewood Cily Counci l
June 16, 1003
Pogc 3
violati ons ... 200 1 • $53.J ,3 44 .00 recei ve d, 2003 • S600.000 .00 ant icipa 1cd . I'm sure . bec au se or dec linin g
sales tax re ve nue, thi s sum is very important. But how import ant is it ? Wh y don'1 yo u re view how thi s
money is coll ec ted. to see how much or this wa s du e to un sarc dri ving and rea ll y jus1ificd, ra ther than
ricke ts gi ven on a dow ngrade fro m a po sted speed limit of 5 mile s greater j ust a few fee t fr om the lower
Englewood speed limit , whic h lasts on ly o fe w bloc ks and is inco nsistent with speed limit s mi le s be fo re and
after th is short strcti:h of road . So I am sayin g. ple ase tak e th e ethi cal and mora l t · gh road . Ple:1se don ·1
use the excu se th at oth er muni cip aliti es do it. You then so und like a lot of th e teena gers. who I li sten to
quite a bit. Utili ze the fine rcpuiati on, based upo n yo ur .i cco mpli shm cnt s tha1 yo u have ac hi eved and
hopcrully wi ll co ntinue 10 ac hi eve . Utili ze yo ur public offi ce rs in a wa y that th ey can ga in re spect. and we,
as ci1ize ns ca n re spect the law and the court system . After all , a 66 year old paso n feel s chea ted becau se of
thi s ticke t Bu t what is worse, is what you are teac hin g yo ung adu hs. who los~ re spect fo r what should br.
eimeme ly important 10 th em .. .l aw s and justice . Thank yo u for yo ur att ent ion, he said. and now I will
answer an y questions or li ste n to any comment s yo u ,iay have .
Ma yo r Brad shaw 1hanked Mr . Rothenberg. We will take this under ad viscri::e nt . r.he said .
7. Unscheduled Visitors
(a) Larry Wh ee ler, 3130 South Wa shin gton Street. said I :1 ave bee n an Eng lewood home
owner fo r two and a half years. Eefore I li ved in Englewood, 1 resided I J1 17 years in a dow ntown Den ver
loft. I am ve ry happ y wi th my choice 10 reloc ate, ha vin g fir st been alt ra cted by the Civic Ce nter
improvements and 1hc li ght rail statio n. I have been mo st fortu nate 10 rec ei ve as sistance from the
Englewood Rehab Loan Program and have appredated the excellent se rvi ces of Janet Grimmett and Steve
Ozb urn . Through th eir guid ance , I ha\'e upgraded my property to in cl ud e priv acy fen ci ng in my backyard,
sewe r lin e upgrades and a new two .ca r ga ra ge. My new home is situated be twee n two propertie s whose
owne rs lik e to co ll ec l non.working vehicles. -hat is why I am here tomghr to address th e member s of th e
Cit y Co un ci l. The Engl ewood Cock Enfo rce ment Department has done wond ers with my neighbor to th e
so uth . A rusled Vo lk swage n frame no longe r rests wi th in view of my dining room window. Aband oned
tire s, asso rted car part s and non -registr.red autumC'bi les have been moved away from th e proximi ty of my
sou th boundary. thank s 10 the good effort s of Officer Caroline Faseru k of the Engl ewood Code
Enforce ment Department. Unfort unately to th e nort h of my properl y is a homeo wner wh o has not been so
coo pera ti ve. Short ly afte r I bought my home. a new own er purchased th e home north of me and ha s since
slored non-regi stered. abando ned vehicl es in th e dri ve adjacem to my fr o nt law n. The owner ha s re sisted
in structions from 1he Code Enfo rcemenl Department 10 sec urely co ver th e vehicle . Often lim es on a wind y
day, I have fo und the car co ver on my law n. The we eds under the ve hi cles are se ltl0m mowed. and a
\·;:.rie1 y of other objects are ofte n stored in th e bed of th e cu rr ent truck and the adja cem driveway . I am
faced with th e expen se of bu ildin g a bound ar y fen ce in my front yard. but under c urrent cod e rcgula1i ons I
may be p1 ohibi1ed from building a fen ce sui1 ab ly high en ough to block the view of th e aban doned truck . In
th e co pie s that I gave to !h e people. I included a couple photos of th e tru ck that sit s right ne xt to my front
yard . I am here to enco urage the Ci 1y Co un cil . he said, to limit the length of time any aba nd oned ve hicl e
ma y be stored under wraps. It is one thin g to see k temporary storage fo r a ve hi cle while it is in need of
repair s. his an oth er thing to all ow aba ndoned veh icl es to take up a perman ent hl,,ne. pa rti cularl y wh en
th ey arc in the fr ont of a res id ence or within sight of nei ghborin g properl y. Poss ibl y th e Cit y Co un cil co uld
co nsider a permit pro gra m where own ers arc fo rced 10 pay a steep rcs 1strnti on fee to kee p aband oned
ve hicles on !heir prope rt y. The regi stra ti on fee would pa y fo r addi 1iona l manpower to enforc e th e permit
pro gram and mak e furtt.er progress in al read y on•go in g projec 1s. to beaut ify the cit y and imp rov e the
neig hborhood character. I 1hank yo u fo r yo ur time. and I enco ura ge continuin g effort s lO bca u1ify our fai r
cit y. I tru st you will find merit in my requ es t to limit th e tim e th at aband oned vehicle s ma y be slored on
properti es . I would enc ourage yo u to co nsider additi onal measure s. he said. to require own ers of
aba nd o ned vehicle s to accc pl grea ter re spo nsibili ty for the stora ge of non-wo rkin g. un reg ish:red vehicl es on
th eir property. Th an k yo u.
• W.ayu r Br adsha w thank ed Mr . Wh ee le r.
Englewood City Council
June 16, 2003
Page 4
Ma yo r Brad shaw sugge sted the y fo rw.i rd thi s 10 th e Co de Enfnrcc menl Ad visory Co mrnillcc . :.1s th ey arc
th e ones who co me up with changes like thi s.
Co un ci l M'!mbcr Moo re sa id does n't our re ce nt lcgi slati o;1 cove r ii'!
Ma y.>r Brad sha w answe red yes . it should cover it. if it wa s in effec t. II is not in effec t. ye t. It ,goes in to
effect July 4°.
Cc Jn cil Member Yurchick said th ere will be no stora ge in the fr ont yard an d ii h;1s to be behind a so lid
fence in the back yard .
Mayor Brad shaw su1d they can ha ve one th at th ey arc work in g on. Is that correct? City All orney Brotzman
said 1hat is co rrec t.
Mayor Brads ha w sa id we will forward Mr. Whe eler's lett er to Coum.:il Member Yurchick 10 lake it to the
Code Enforcem ent Advisory Committee. Mr . Yurchick is Coun cil's representative on the Co mmiu ce. she
said .
(b) Pekr Lawrence Vana said I am the att orn ey for Jerry Bea ch. Mr. Beach has lived a1 2340
Wes · Harva rd Avenue for ove r li ve yea rs. Unfortunalely, th ere is a vacant 101 attached to the back of the
property . He rece ntl y moved and in order to comp ly with IR S reg ulati ons, he want s to split hi s lot. He
doe sn't want to de velop the property. You imposed a morator ,1...,1 in Ma y of 2002 for deve lopment. He
doe sn't wa nt to develop hi s property. but if he can't sp lit the lot, then he ca n't sell th e sin gle-fami ly
dwe lling sepa r:uely fr om th i; vacant 101. Now . he has spoken with people fr om yo ur Plan nin g Department.
He has spoken with Ham id Stitt. who I believe, is si11jng in 1he audience . Mr. Bea ch doe sn't want to
de ve lop th e propeny an d he does n't want to co nt es t yo ur mora1orium, although yo ui City Att orne y. Mr .
Brotzman. has nor been able to speak to him ye t. It is okay to im pose a mora torium an d generally. lega ll y,
for six mont hs ... tha1 ·s okay . But in thi s parti c ular case, thi s ha s bee n go in g on since May of 2002. We are
now in 2003 and yo u ha ve ex.t end ed th e morato rium un1il, suppose dl y, May 24 111, and now we unders tand
that you ha ve ex.tended it aga in . What we wou ld like to do, in rcla1i on 10 hi s panicular problem ... because
of th e ta x iss ues ... is to simpl y se ll 1he lot. We wo uld be more 1han willing to put a deed rcs1ric ti on on the
propert y. that th e seller would nm be ab le to devel op it until th e Cit y Coun cil of En glewood ha s. in fact,
deve loped reg ulation s fo r that de vel op ment. But we simpl y wa nt to splil the lot fo r sa le onl y, so tha1 he
ma y proceed with hi s life and go forward. I'll let Mr. Beach speak to yo u abou t that .
(c) Jerry Beac h said thank yo u fo r yo ur tim e ... ! apprec iat e it. I don't think my de sire s are in
co nfli ct with the morat or ium , in th at all I de sire to do is se ll , beca use of my capital ga in s pro blem . I wa nt
to separate !he lot fr om the home be ca use, of course. it wou ld se ll ea sier . And if I'm not abl e to se ll the lot
in th e int erim. at lea st. I wo uldn'1 suffer th e co mplete loss. So . he said . I don't beli eve my interests are in
conflict with the mora lorium and I hope that 'fOti find it th t: same wa y.
Mr . Va na sa id, like I sai d. we wou ld be willir :g to pL<' a deed res tri ction on th e sale. Whal yo u ha ve to
und erstand , is th at. basica ll y. he has a hu ge lot th :11 i;,li!S between two bl oc ks. be twee n Harv ard and
Hill side . But when krry bough1 the prope rt y, th e Hill sid e po rti on, tha t "Plit down th e middle of the strcel,
wa s vacant. So, he does n't want lo de ve lop it . he does n't wau t to sell it to any deve loper , he wo !Id simply
be asking if we coul d ha ve a deed th:it wou ld be restric ti ve.
May ur Brad sha w said at 1his poi nt, I will ju st dire ct thi s iss ue to our Cit y Att orne y's oflice and lei them
lno k at it.
Mr . Vana said I will be more than happ y 10 talk to Mr . Bror zman :md I will call him tomorr p• :.
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Englewood City Council
June 16, 2003
Page 5
Ma yor Bra ds ha w th a nked Mr. Vana and Mr . Beac h.
8. Communications. Proclamatio ns und Appointments
(a) A letter fr o m Ho nald J. Smith ind ica tin g his res ignati o n fro m Keep Englewood Bc:mt iful
was co nsidered.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITII
REGRET THE RESIGNATION OF RONALD J. SMITH FROM KEEP ENGLEWOOD
BEAUTIFUL.
MOlio n carried .
A yes: Council Members Nabholz, Moore, Garrett , Wolosy n,
Yurchi ck. Grnzuli s, Brad shaw
Na ys: No ne
(b) A letter fr om Da vid L. Breret on indi catin g hi s res ignati on fr om the Keep Engl ewood
Beautiful was co nsidered .
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF DAVID L. BRERETON FROM KEEP ENGLEWOOD
BEAUTIFUL.
Motion ca rried .
Aye s: Council Members Nabholz , Moo re , Garrett, Wol os yn,
Yurchick. Grazuli s, Brad shaw
Na ys: None
Mayor Brad shaw expre ss ed concern abo ut the resignati ons.
Co uncil Member Nab holz said I am real concerned, becau se all of these com mi ss ion members work so
hard . It winds up that 1hcre nre fi ve or six pe ople wh o do 1he same 1hing ov er and ove r. We dow nsized the
co mmi ss io n, but I think when th ings co me up in their perso nal li ves and co mmi ssi oners ha ve to re sign ,
maybe we need to take a look ... lik e you sa id earlier 1hi s evening ... if we kno w of so meo ne who is
interested that we sho uld be allo wed 10 inter view al n Stud y Se ss io n, in stead of waitin g for a six mo nth
period .
Directo r Si mpso n said one thing is that we actuall y didn't down size the ,ion. We actuall y still
have a fifte en member co mmi ssio n and we ha ve been co nce rn ed abo ut th1 :, :,o me lime . Thi s is a very
hard working co mmi ss ion. It is a vo lunteer gro up that work s so hard . An idea might be to reduce the size
of the co mmi ss ion do wn 10 nine members and ac tuall y all ow th ose nine member s 10 set up subcommittees
wi1h vo lunteer memb ers thro ugho ut the co mmunity . It mi ght keep a stron ge r wo rking core gro up and then
all ow us 10 keep th ose peo pl e th ere a littl e bit longe r. It is an id ea . he sa id .
Co unci l Member Nabh olz said I'm sorry but I tho ught we had do wn sized . Mr . Simpso n ! aid no. we had
talk ed ab o ut it , we never actuall y accompli shed th at.
Ma yor Brad shaw sai d ma ybe we could do wn size it to nine .
Direc to r Simpso n said yes , either se ve n or nine . Nine wo uld probabl y be a real rea so nable number and
wha1 we co uld do is we co uld brin g for ward a proposed ordinance a nd 1alk about thi s.
Mayor Brad shuw said the other 1hing is th at this is a natural for the high sc hool gruduati on requirement of
co mmunit y serv ice or a middle sc hoo l ho ur cred it. I don't kno w why we co uldn 't work with th e fo ur
school di stri cts in o ur City .
Englewood City Council
June 16, 2003
Pnge6
Council Member Wolos yn satd how man y arc slill on !he commit tcc ... 1hat haven't resigned '! Co unc il
Member Nabho li said nine or 1cn .
Ma yor Brad sh::w said maybe one more res ignati on would drop it 10 nin e. My conce rn is that ii is a vital
co mmiuec . Maybe we could advertise through Nei ei hborhood Watch. she said. that we have vaca ncies or
so mething like 1ha1. .. m3ybc that's a venue .
Council Member Garrett sai d if we get a co re of nir,e , we could. as Mr . Simpson suggested. as k for
volu n1 ccrs for specifi c projects . They wou ld not be numed to the co mmillec .
Counci l Member Nabho lz sa id yes. they wou ld co mmit 10 cenain projects.
Mayor Brad shaw noted that some people : wi ll participate in a one tim e event.
Counci l Member Nabholz said that is r. good idea.
Mayo r Brad shaw sai d I think we ca n still work with lhis, it just sca red me because of the re sig nations .
9. Public Hearing
No public hearing was sc heduled before Council.
10. Consent Agenda
(o) Approval of Ordinances on First Reading
There were no additiona l items submiucd for app roval on fir st reading . (See Agenda Item 11 -Regular
Agend a.)
COUNC IL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I) AND 10 (c) (1).
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 45 , SERIES OF 2003 (COUNCIL BILL NO . 36,
INTRODU CE D BY COUNC IL MEMBER GARRETT)
AN ORDINAN ..::E AUTHOR IZING A RENEWAL AGREEMENT BETWEEN CE NTENNIAL WATER
AND SANITAT ION DISTR ICT AND THE CITY OF ENGLEWOOD. COLORADO. ENTITLED
"AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN
FLOWS Of WATER ."
(c) Reso lut ions and Motions
(i) CONSTRUCTION CONTRACT. FOR CONC RETE UT ILITY 200 3.
CONCRETE PRO GRAM 2003 . AND SIDEWALK MISS ING LINK S 2003. WITH THOUTT
BROTH ERS CONCRETE CONTRACTORS IN THE AMOUNT OF $2 48. 074 .24
Vote results:
Ayes:
Nays:
Cou ncil Member!-Nobholz, Moore . Garrett. Wo losy n,
Yurchick. Grazulis, Brad shaw
None
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Eng lewood City Coun cil
June l ;, 2003
Pugr 7
fl.loti on ca rri ed.
11 . Reg ular Agcndu
(a) Approva l of Ordinan ces on Fi rst Reading
(i) Direc tor Ross presented a reco mmend ation fr om th e Public Work s Oepartmc nl
10 adop1 a bill fo r an ordinance approv ing an Encroachment Pe rmit and In dem nity Agree ment fo r a
rc 1aini ng wa ll at 4496 So uth Delaware Street. He ex plai ned th at th e property ow ner has co nstructed a
seg menia l bl oc k reta inin g wall that is imm edia tel y adj ace nt to the sid ewa lk on Srn nfo rd Ave nue . It is 20
inche s high . but beca use of it s cl ose prox im ity 10 th e walk , it is beyond our au thorit y, or staff s authority . to
admini strati vely approve this . Thi!i person has a neighbo r that is imm ediat ely to the ea st on Stan fo rd th at
has done exactl y th e sa me thin g. Th is pe rson wanted to level out th e lot to make the bac kyard more usable
for hi s kid s to play. Also. he sai d, with thi s encroachment ag re emen t. he will build a fence that"s goi ng to
be about two feet behind th e back wa lk on top of thi s wall . It rea ll y does n't make much sen se to make him
lowe r it or to remove it at thi s s1age. so staff is reco mm end ing that you approve thi s encroachment
agreement. If yo u ha ve any questi ons, I will be happy 10 answer them , he said, and the owner is in the
aud ien ce if yo u have any que sti ons.
Mayo r Brad shaw said she has no problem with this .
COUNC IL MEMBER GARRETT MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (a) (I) -COUNCIL BILL NO. 43.
COUNC IL BILL NO . 43 . INTRODU CE D BY COUNC IL MEMBER GARRETT
A BILL FOR AN ORDINANCE AP PROVI NG AN ENC RO AC HMENT PERM IT AND INDEMNITY
AGREEMENT AT 4496 SOU TM DEL A IV ARE STREET FOR A RETAJNING IV ALL ALONG
STA NFORD AVEN UE. TO LEVEL OUT THE PROP ERTY . AND A PI CKET FENCE ON TOP OF THE
WALL.
Mayo r Brad shaw asked if there was any di scuss ion. There wa s none .
Vote results:
Ayes: Co un cil ~-tembcrs Nabho lz. Moo re. Garre tt . Wolosyn.
Yurchic k. Grazuli s, Brad shaw
Nay s: None
Mu1i on ca rrie d
(b) Appro va l ofOrdin :i nces o n Seco nd Read in g
There were no add it ional it ems submiu cd fo r approva l on second rea ding. (Se e Age nda Item 10 • Consen t
Agenda .)
(c) Reso luti ons and Moti ons
(i) Seni or Plann er S1iu prese nted a reco mm enda ti on fr om th e Co mmuni1y
Develop ment Departm ent to ado p1 a reso luti on app ro vin g "Roadmap Englewood: 2003 Englewood
Co mprehen sive Pl an." li e sa id ii is wi th a grea t dea l of ple as un: that I pre se nt to you tonight "Roadmap
Eng lewood: 2003 Eng lewood Co mpreh ensive Pl an." We started on thi s plan man y, ma ny ye ars ago, but in
ea rn est, in 2000 shortl y aft er we moved int o thi s building . In Au gust we began a process of establi shing
so me ci tize n co mm itt el!s to help us ge t thi s projec t off the ground . And . along the way we :iddcd a few
more co mmitt ees and chan ged th e foc us :1 bi t as we we nt th ro ugh and di scovered what the co mmuni ty was
Eng lewoo d Cily Co uncil
June 16, 2003
Page 8
in tere sted in for its future . We believe this doc umem ... as my Coun cil Communicatmn po mtcd
out ... embodic s a col lecti ve vision of th e communit y and ii al~o pro vide !'> f11 r .,_ p11 li c) clcl'.1~ion maki ng
guide for bodie s such as th e Cit y Colln cil. oth cr land u~c ves1e d authnrit ics and the C11y l'la nmn g
Com missio n, among others . As a deci sion making guide, it is important to rea lize tha 1 1hi~ doc ument is
ve ry ope n-e nd ed. While it is tit led a roa d map, ii gives us th e ge nera l d1rcc1ion that the Ci1y b 10 mo ve,
based on the exp re ss ed vision of th e communit y, but ii docs not suppl y th e speci fi c dcrnils . th :11 <.·ome s la ter,
when we begin to creat e imp lemen tat ion or strategy impl ementa tion plan s. th a1 shows us exac tl y how we
are go ing 10 get fr om poi nt A 10 point 8 . Th is ha s been a very long process for staff. II h11s been w:ry
exciti ng to work th ro ugh thi s and so meti me ve ry frustrating becau se of the amo unt of 1ime it ha s taken .
Wh en we fir st sta rted thi s, he said. I did n't be lieve it wo uld take the better part of two years. almos t three
years. to ge t th is acco mpli shed . Bl!l, the fact of the mane r is. the amount of time it has takl'n, has res ult ed
in . 1 think , a qualit y doc ument and it will stand us in good s1end fo r 20 ye ars. In fa cl. the success of thi s
document, is not the fact that we actua ll y ha ve it in our hand s right now. but loo king back in JO, 15 or 20
years and say in g th a1 th is doc ument reall y did pu sh us and foc us us 111 th e co rrect direct ion. So. I believe.
that wha1 thi s wi ll give us, is a he ll er handl e on how to addre ss deve lopment potenti al wi1h in the Ci 1y.
redeve lop ment potentia l within 1he Ci ty and keep the visio n out there in front of th e Co un ci l, as we ll as the
com munit y. Thal is about the extent of my co rnment s. he sa id . I would like to turn 1hc res t of lhc
pre se nt ation over to John Voboril. who I have to co mplim ent , becau se wit hout his ab le bodied ass istance,
we wo uld not have 1his document. It's one thing fo r Co uncil 10 sugge st to the s1aff to cre ate a
Co mprehens ive Plan. bu t to ac 1uall y put th at doc ument into writing, takes a lot of work and with out John ,
you wouldn't have thi s in fr o nt of yo u. so I wi ll turn it over to John ri gh 1 now.
Plan ner Voboril said tonight I ha ve prepared a presentation 10 give to Council th at wi ll give an overview of
the Co mprel . nsiv e Plannin g doc ument, if1hat is agreeable wi th the Cou ncil . The Comprehen si ve Plan
doc ument is divided int o two pan s. Pan I is 1he Framewo rk and th at ba sica ll y give s the philosop hy and
rati onale behind 1he plan . It co nsists of three diffe rent sec ti ons: Se cti on 1-lnlroductio n, Se ction 2-C urrcnt
Conditions an d Indicators . and Sec ti on 3-Co mprehensive Plan Vision and Goa ls. un de r the auspices of the
Co mmon Themes. Thi s sets up the stage for Part II of the doc ument . whic h is the Co mpre hensive Plan
Element s th em selves . Th ese are indi vi dual chapte rs th at con sist of regi onal coo per atio n. housi ng. parks
and open spa ce. busine ss and emp loyment. lransponati on, environme nt al quality and cuhural arts. Section
1-lnlroducl ion. begins with presen ting the co nce pt of community asse ts and i.:hall enges. The Cit y of
Englewood possesses man y assets. so me of whi ch include de sign and qualit y. ce ntrality and conve ni ence
and infra slructure and net·.-.·orks. Th e Cit y also faces a number of challen ges and these include fiscal stress.
aging infrastructure. ag ing homes. work ing families and frag ment ed governance. The point of thi s sec ti on
is to get across th e idea th at the Cit y of Eng lewood needs 10 b11ild upon the as se ts that it has in order 10
overcome the challenge s that 1he Cit y faces . And. he sai d, thi s document ha s pm tog ether a three -prong
strate gy that wi ll hel p the City build on its asse ts and then ove rco me its chall enges . These three strategics
arc kn own as th e three R's, which arc Rc vi lalization. Redeve lopment. and Rei nve nt io n. Revitalizati on
strate gie s arc characteri zed by th e pre se rva ti on. pro1ec ti on and s1ab ili za 1i on of cslablis hed neighbor hood
areas . Redevelopment strategi cs co nsist of a replacem cnl of deteri orated comme rcial and res id enti al
s1ruc1Ures, with new devel opment s that bring new re sident s, nc.:w cmpl oy me 111. new shopp ing and
en 1ertainmcnt opponunilics 10 the Ci ty. And finall y. the th ird stratc.:gy is Reinventi on. That is a process of
gradually tran sforming the image of the Ci ty of Englewood over time . This document puls forward an
image to see k oul and obtain ove r 1he nex t 20 yca rs ... mov in g Engle wood towa rd s an ima ge that the Cit y
wi ll be know n as a ci ty with a stro ng pede stri an and tran sit orie ntat io n. It wi ll be know n as a ci 1y thal has
pub lic outdoor spaces, known fo r attrac tive !,.ig na ge, art istic design element s and dcvclo pm cnl s
characteri zed by mu lt ip le s1orie s and mi xed uses. Mov in g on 10 Sec ti on 2. Sect ion 2 prese nts current
condi ti ons and indi ca tors fo r th e co mmunit y. Ba sicall y, he s:tid. It is an investi gation of1hc socio-
eco nomic trend s in th e communit y ove r the la st few yea rs. It pre sents a number of co nclu sio ns. I'm not
going to r,o over all those co nclusions, bu1 I just wan! to hit upo n just a few of th em . In terms of housi ng.
the exi sting housing ~toc k in Englewood is currently conce ntr ated with in 1he lower middle housi ng price
ranges . Englewood housin g stoc k has co ntinu ed to age over time and Eng lewood homes arc relative ly
small by today's slandard s. In term s of Park s and Open Space. Eng lewood lags behind the metro area in
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Hng lewood City Council
.lune 16, 2003
Foge 9
ter ms o f ope n space . Park s. open space and tra il s are heavi ly used by Eng lewood ci1izcn s. Dema nd fo r
rc crea1i onal se rvices is hi ghes1 among se niors and yo ung fam ilies wi 1h children. In term s of 0 usi nc ss
Emp loyment. Englewood 's econom ic strcng1h is fo und in th e hea lth se rvi ces and manufacturing sec tors.
Between JQ9 5 and 2000. sales tax co ll ec ti ons in Englewood outp aced th e fi gures fo r the metro area .
Howeve r. sin ce 200 1. sales tax coll ec 1ion s ha ve dropped preci pit ously du e to nati crna l a nd re gional
eco nomi c weakness. In term s of transportati on. thi s is probab ly a no bra in er. but San t~ Fe Dri ve. U.S. 285
and Broadway are all ove r de sign ed capac ity tod ay . Tin; mus, ~ .. .,~e ruus intersec ti ons 1n th e Ci ty arc
1ypica ll y fo und al ong Broadway and U.S.285 In terms of cmirn nm cm.:.I qunli1 y. 1hc re gio n's uir quality
ha s grea ll y improved sin ce 1990. The Ci1y possesses adequate wa ter and w:1stcwa ter rc >011rces and
fa ci litie s to support a po pulati on of 50.000. The Sou1h Pl ane Ri ver/Sant a Fe corridor sufffrs from th e
ex istence of a number of Brow nfi eld s propertie s. And finally . he sa id, we co me to Cuhu ra l Art s.
Engl ewood has benefited great ly fr om par1icipa1i on in regiona l fund ing fo r loc al cu l1 ura l an s progra ms.
The Engl ewood market fo r a regi onal c ultural arts fa cilit y compares ver y fa vorabl y with the Ar va da Center
market. And no w, I wo uld like 10 mov e on to Secti on 3. whic h is th e in trod uc.:1io n of the Co mprehen sive
Plan Vision and Goals . It fir st starts out with the Vis ion fo r Englewood . Man y of the item s for 1he vision
of Englewood arc very site specific . Al so . there arc a few itcmi that are not s:> site specific. and app ly to
the greater city as a whole . Thi s sec ti on starts oul with the Cit yCenter Englewood projec t and holds that up
as a mode l for redeve lopment projec1s within the Cit y. Then move s on to General Iron Works as the nex t
step in Enilewood's proce ss of rede velopment. Future project s th at th e Co mprehen sive Plan envi sions are
areas such as the Oxfo rd Li ght Rail Sta ti on. area s adjacent to Cit yCenter Englewood . 1he Broa dwa y
co rrid or, neighborh ood shopping centers. Swedish and Cra ig Medica l Ce nters, indu strial area s, re si dential
area s di vided into areas of stabilil y ve rsus areas of chnngc . the South Plate River open space corrid or, and
th en also lays out visions, in ge neral. for re crea ti on. tr anspo rtati on. environmental qualil!' and cultural arts .
The 11ex t part of Sec ti on 3 is th e Introd ucti on of the Comprehe nsive Plan Goals fo r the fir st time and 1hey
are ca tego ri zed und er fo ur common themes. The se common themes incl ude the Quali 1y of Life ,
Sustainable Deve lopment. Community Infrastruc1ure. Netwo rk s, and Re so urces and finall y Regi onal
Coopc rati oP. And so. thi s is where we arc today . We have Part I a nd Part II of the Co mprehen sive Plan
rig ht here in fr ont of Co un cil a nd we hope 1hat yo u will appro ve the se two parts tonig ht I would like to say
th ough, that that is not th e end of the story. Af1er tonig ht. after the Counci l approves 1he fir st two part s of
the Plan . we wi ll th en be moving into Phase 3. Part III of the Co mprehensive Pl an which is th e delineation
of th e areas of stability versus are as of change. Basicn ll y. he said. ou r plan ism take the se goa ls and
objective s o ut to the greater communit y ... lo a seri es of neighborhood mee tin gs a nd ask the citizen s. gi ve n
1hese goal s and objec 1ives. where in th eir co mmunity do the y see area s 1hat th ey wo uld like to see
prese rve d as area s of s1abilit y. and what areas in the ir ne ighborh oocll; would the y like to see a lot of change.
Then Communi1 y Dev clopmenl wi ll take their inpu t and depic t. in a map. 1he areas of change and the areas
of stabilit y. Then th at wi ll lead Communit y Deve lopment to the fourth pha se. which is implcmen1a1i on.
The area s of stabilit y and areas of change will help Com munit y Deve lopm ent 10 foc us th e right kind s of
strate gi es on the se are as. For are as of s1abili1y. the stra te gi cs will mos tly be revi tali zati on su atcg ics. s uch
as rehabil itnti on, expan :-.ion of homes. fi llin g in mi ss ing si dewalk s. 1hings like th at . For area s of change.
th ese wi ll be stra tegics more alo ng the lin es of redeve lopment of bra nd new de velo pment s in th ese area s.
Basica lly . for all th e area s of chan ge. th e Community De velop mcnl Department will put toge ther a se ri es of
small area plan s that wi ll th en be brough l in fr ont of the Council. ap proved and th en th ey wi ll be added 10
thi s doc um ent. In co ncl usion, I would just lik e to say that thi s procc:-.s ha s been qu it e a length y process. it
ha s been almost th re e years . The last time Engle wood had a Comprehensive Pl an process was quite a whi le
:1go. about 24 ye ars ago ... 1979 . I th in k thi s has been a very anti cipa!ed mile stone in Engl ewood's journey .
The co mn uttee member s that serv ed on all of our co mmiu ce s. did a fant as tic job . I 1hink ii ha s com e
to ge th er very, ve ry ni ce ly , he sa id and I beli eve thi s doc umen t wi ll help serve th e City of Englewood very
we ll over 1he nex t 20 yea rs. Arc th ere any q uesti ons?
Mayor Br adsha w said. exc ellent prese nlatio n Ju hn. thank yo u. And, I ha ve a qu esti on. How many people
were in volve d? Mr . Voboril said that is a good qu es ti on. but I'm not sure if I ca n give yo u an exac t figure .
Ma yo r Brad shaw sa id a ball par k, was it like 50? He repli ed, at least 50 .
Engl ewood City Co uncil
June l 61 2003
Page 10
Ma yo r Brad shaw noted at lea st 50 people h:t\'C alr t.!ady be en mvo l \'c d.
In response 10 Mayor Brad sha w. Mr. Vobonl ~aid \\C \\ill pro babl y take a loo k at fo ur differen t
neighbor hoods. probab ly di vided by Council di stri cts. That would probabl y be a good idea . Ma yo r
Brads haw suggested usin g Broadway a nd Hampden . Mr . Voboril s.iid yes, Oroad,,ay and Ham pden. that is
a good dividing line too.
Ma yo r Brad shaw s;1id it is a beautifu l document . Mr . Vobonl said thank you.
Mayor Brad shaw asked if there were any commen 1s.
Co uncil Member Nabholz said it was a lot of hard work . I rea ll y ap precia te it. II is some thin g I can show
my cons1i 1uen 1s. so thank you.
Co unci l Member Wo losy n said I tho ugh t it wa s reall y exci ting and il is :1 pr iv il ege 10 be involved in thi s
kind of thing. When we came in. th ey gave u~ a co py of the old 20-yea r plan and it was ni ce 10 be invo lved
in th e next one . I lhin k I sa id it before. both yo u and Haro ld . but especia ll y yo u. yo u did a gre :11 job wi 1h
the nu ts and bo lt s. worki ng wi th th e c iti ze ns. Mr . Vobori l said thank yo u.
Mayo r Brads haw said bo th of yo u are to be comm ended. Exce ll ent job. exce ll ent j ob. Th ank yo u.
COUNC IL MEMBER WOLOS\'N MOVED , AND IT WA S SECONDE D, TO APPROVE AGENDA
ITEM 11 (c) (i) -RESOLUT ION NO. SO, SERIES OF 2003.
RESO LUTI ON NO . 50 . SER IES OF 2003
A RESOLUT ION APPROVING ENGLEWOOD COM PREH ENS IVE PLAN ENTITLE D "ROA DMAP
ENG LEWOOD : 2003 ENG LEWOOD COMPRE HENS IVE PLAN" WHI CH ESTA BLI SHES THE
GOA LS AND OB JECT IVES THAT WILL GUIDE THE CO MM UN IT Y.
Vo te r es ul ts:
Aye s: Col!ncil Members Nabho lz. M{'l('l re. ( iurrctt. Wolos yn.
Yu rcliick. Grazulis, Brad shaw
Nays: None
Moti on cun, =-d.
Mayor Brad shaw said we have been asked to pull lhe next two item s. l I (c} (1i) and (iii), bec au se of
con trac1u al is!i ucs. Allo rnc y Brotzman said that is <..·o rrect.
(ii) Rec ommendati on fr om the Cu ltural Art s Co mmi ss ion to approve. by motion. th e purcha se of a
sc ul pt ure to be placed m the Englewood Parkwa y traffic circl e.
(iii) Re co mmendation from the Cult ura l Art s Comm iss ion to approve. by mot ion. a Profess iona l
Service~ Ag reemen t wi th th e Mu seum of Outd oo r Arts for mainten anc e of 1hc scul pture to be pl aced in th e
Englewood Parkwa y traffic circl e.
(iv) Direc tor In gle pre sen ted a recommendatio n fr om th e Departments of
Information Technol ogy and Fi nance and Admini strative Services to approve, by mot ion. the exec uti on of
a Sys tem Pr" ~urcmcnt Agreeme nt fo r a Cash Receipting S ys tem wi th Profe ss io nal Consult an cy
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Englewood Clly Co uncil
June 16, 2003
Pagt II
In terna tional Inc .• in 1hc amou111 of $7 1,133 .00. He explained that thi s is a co ntrn ct for a cas h
receipting/poi nt of sale sys tem . This is what we call one of 1he orphan capabili tie s of the finan cia l sys 1cm
that was recent ly implemented here in the City. Through our proc ess of proc urin g finan ci al so flwarc , he
said. we we re nm ab le to find a vend or that provided a cas h receip ting system . This is th e system th:it is
ul ili zed for taking cash ove r the cou nt er. for accou ntin g, for ut ili ty bill s, recreati on expe nses and
fees ... what have yo u. Th e sin ff just did not fee l the capabi lities ... in th e so flware that we saw, where the y
were ab le to provide an op ti on ... mel the needs . So we wenl out 10 a new proc uremenl, a proce ss in RFP,
and the vendor that is bei ng reco mm ended to Counci l, PCI. was nor o ni y th e low ve nd or. but was al so rhe
ve ndor th at was felt to have the best capabi lities fo r th e sys tem. In terms of the e nh anceme nts that we
an ti cipa te. he sa id . the c urren t system was deve loped 20 years ago. like all of other applica tions ... by a
group of programmers, of which one is remai nin g, and th at person will be retiring soo n, and we are again
und er th e spec ter of loss of support for th at system on th e hardware si de as wel l. The syste m will provide
new capabilities , Curren tl y the staff has to, rC.1.1is 1kall y, double e nter eve ry thing th at comes ove r the
counte r from the cash receipti ng systems into th e new fin ancial sys tem . The new system wi ll be ab le to
transfer the data elec tronicall y. It will have bar code scanning capabi lities . Bar codes will be an th e new
util ity bill s that the City wi ll have . Rath er than to have to manually enter all the information, it will just
sca n th e info rmati on a nd th e process will be more producti ve. And finally , through securt.: Interne t
technology, we will be able to do cred it card validations much more qu ick ly and effectively,
Approxi mat ely 36 percent of the City 's cas h receipts co me from utility bill s. Therefore, in th e fundin g
realm. the Utili ty Depllftment is co ntrib utin g a significant amount for this proc urement. Approxi mately
one-seven th of the cost comes fr om already budgeted fund s and th e remai nd er comes throu gh a lease-
purc hase agreement that is already budgeted fo r. Agai n, thi s is a ca pab ility that was foresee n in th e origin al
sys tem proc ure ment, but staff felt that th ey were bei ng more dili ge nt in procuring thi s separate from the
financial syste m, The financial system came in about $600.000.00 be low budget, a nd thi s is fully funded
throu gh fund s th at were set aside wi th in the multi-year capital program, su pplemented by utility funding . I
wo uld be happy 10 answer ,my que sti on, he said.
Mayor Bradshaw asked if there we re any questi ons .
Co unci l Mem be r Yurchick said regarding th e 36 pe rce nt that comes from utilit y tran sactions. Is th at 36
percent based on dollars or act ual transaction s. Director Ingle said actua l transactions . We actually had the
re\'en ue di vis ion go bac k and look at three years worth of receipts . Thinking that th e manual effort of
processi ng those reci:ipts was a beaer indicator ... we decided 10 go, ba sed on th e number of over the
coun ler reC'eipts and bills .
Mayor Bradshaw asked if there were any more que stions . There we re none. She th anked Mr. In gle.
COUNCIL MEMBER GRAZULIS MOVED , AND IT WAS SECON DED, TO APPROVE AGENDA
IT EM 11 (c) (Iv) -THE EXECUTION OF A SYSTEM PRO CU REMENT AGREEMENT FOR A
CASH RECEIPTI NG SYSTEM WITH PROFESS IONAL CONSU LTAN CY INTERNAT IONAL
INC., IN THE AMOUNT OF $71,133.00.
Moti on carried .
Ayes : Cou ncil Members Nabh olz, Moore , Garre ll , Wolosy n,
Yurchick. Graz uli s, Br adshaw
Nays : No ne
12. General Di scussion
(a) Mayor's Choice
(i} Mayor Brad shaw sa id I just wa nt 10 rela te to you thi s story. I 1alked to Mike
Flaherty briefl y and I think he and Bob Simp son are working on this . When we bui lt Trolley Square, what
the public was not aware of. was that we had the tenant s se t up to fill Troll ey Square and th ey :i ll en ded up
Englewood Cily Council
June 16 , 2003
Page 12
at Me xico and Colorad o. That wa s becau se 1hcy would 110 1 mo"e in un 1i\ King Soo pcr s moved in and King
Soo pers would not be rel eased from their lea se at Ctnderc ll a Cit y by Kra vco . So th ere was a six month
de la y and we lost all the tena nt s. and the 1c11:m 1s we had arc the one s yn u sec now at Mex ico and Co lorado.
At th at tim e. she said. th ey promi sed th at they would put in a simp le store. then th ey wo uld up grade ii , and
th ey ha ve never upgrad ed it . And the s1ore th at we have in Englewood is now being used as th eir store fo r
del iveries. because we don·, charge a food tax . And so. we have a lo: of peop le doi ng their shoppin g by
1elcphone in 1ha1 Kin g Soope rs store. So my hope wa s that I had hea rd they were goi ng 10 red o th e store at
Federa l and Belleview . I was talking 10 the manager today. because I was shoppin g out th ere . and he said
th e renovation is on hold bec ause of so me tena nt iss ues . I said , don't even go th ere . We bailed King
Soopcrs out, we bo ught !heir lea se at 2.5 milli on do1lars in 198311} get 1hcm to move and now we arc
hav ing lease iss ue s again, so they can'1 expand and our Eng lewood cit ize ns have substandard King Soopc rs
stores . So, I have direc1cd staff. on a Co uncil Reque st, 10 look into th is and sec what is going on wi th King
Soopcrs . Ironically , the lr.a .~ing agent ou1 at Bellevi ew and Federal is Trammel Crow retail. But my
concern is, I think 1hat they ha ve just gi"en us lip service and I'm upsc 1 th at we 1old Wal -Mart that 1hey
couldn't put in a Super Wal-Mart because we sai d no groceries, because we were honori ng the promi se we
made to King Soopcrs. and. ;et King Soo pers has ye t 10 hono r any promi ses that the y have e ver made to the
citizens of Englewood . So.Jam really disappointed and I do think our cit izens deser ve a better place to
shop. And if King Soope rs c,1n't pro vide it , she sa id. I think we need to find so mebody who will .
Council Member Nabho!z said I thank you for that. I was just thinkin g about that the 01 her day . We ha ve
waited and wailed and we've torn down parking stru cture s, and been promised ... like you say . We didn't
have the Super Wal -Mart. which a lot of people wa nt ed beca use or 1he qual ity of grc.,ce ry shop ping , So, I
am glad yo u ha ve done th al. Mayor. Thank yo u.
Ma yo r Brad sha w said 1hi s has be en a co nce rn fo r me .
(ii) Mayor Bradsha w said the mher thing that ca me up was th e shooting at the park .
I know that it just seems we ha ve had a bunch of them. whe n maybe we have onl y had tw o. But . I had
so me citizens ca ll and just wonde r ir our procedure s arc okay. Are wcjusl runnin g into a bad group of
people ? I don't kn ow. So, I wo uld like to put that in the form of a Co uncil Reque st. We bought la se rs.
righ1 ? And why weren't th ey use d? I don't under stand , she sa id .
Direclor Olso n as ked Ma yor Brad shaw if she co ul d be very spec ifi c in what she wan1s . Perh aps if yo u
co uld pu1 it in writing. it might help , he said. These things come randomly and the se arc two different
kinds or iss ues. The first shooting by a ci ti zen, where our officer was shot, is that wha1 you arc asking
about? Ma yo r Brad shaw answered yes. how long ag o was that ? Direc tor Ol son said I think that wa s ba ck
in Murch.
Mayor Brad shaw noted ·,hat wi thin 90 da ys , we have h:1d 1wo different po lice in cident s. Di rec tor Olso n
said th ey we re two differe nt situati ons. The guy that was re ce ntl y shol. had warram s out for him for a
variety of things and he is un der sedat io n right now becau se every time he becomes co nscir..,us, he staris
attacki ng the slaff ove r at Swedi sh. We basica ll y ha ve an armed guard over there 24 hour s a day, so thi s is
a bad indi vidual 10 begin wit h. The other individu al was so meone who, bas icall y. had al,nosl no record and
th cr: was a domes tic di spute . The taser wouldn't have mattered th ere, becau se he had b1r;ica dcd himse lf
in th e house. Mayo r Brad shaw sa id he ca me out shootin g. Director Ol so n said yes. he ...:amc ,~ut shoo ting .
So I think our proced ures arc ac tu all y sla lc•o f-lhe -art. We mainlain ou r s1andards and our model policies
arc way above !h e norm . II is just tha1 1hesc thing s ha ppen . So metim es yo u don't gel anyth ing fo r an
ex tended period of tim e and th en some thin g like thi s occ urs. So. he sai d, I'm not quite sure how 10 re spond
to you . Ma yor Brad shaw sa id my co ncern come s fr om two phone calls I rec ei ved fr om different ci ti ze ns
asking if our train ;ng is adequate and wondering if thi s wa s an exec · ·ive way 10 solve a problem . I didn't
have the answe rs fo r them . she sa id. Direct or Ol so n said I'm nm sure how we wi ll re spond, but we wi ll
co me up with so n cthin g.
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Englewood City Council
June 16 , 2003
Page 13
Mayor Brad shaw sai d we probabl y nee d to ge t th e info rm ati on out. We ;..now th .i.t th ey are two se parat e
inci de nt s. Director Olso n sa id 1hi s last one is sti ll being in ve s1i ga ted, so that has 10 go to 1he Di stric t
Auorne y. Th e 01hcr one has already gone to th e Distric 1 Au orncy and the result s have co me back on 1ha1. I
be lie ve , So, Mayo r Brad shaw sa id , we we re fi ne and our po lice ac ted ap prop riate ly? Director Ol so n said
we h:ive been cl eared on just abo ut eve ry case we ha~·e ever had invo lving 1~s. We ha ve state -of-th e-an
cq uipmcm so. it is just one of th ose thin gs and ev en wi1h th e tascrs. we don·, hov! enough to ha ve
everybody ha ve one fo r ever~· sin gle inc id ent . So. it is so me what 1 volu marr set nari o. but thi s in div idual
j ust commin ed an assa ult ess e nti all y, a nd he was ready to take on an ybody anJ !.O und s li ke he is s1ill th at
way. becat:~e. like I sai d, he is be ing sedated rig ht now over at the hospi1zl, u1 1il hi s oth er inju ries are
cleared up . We will put so mething together and we will ta lk abo ut it ano 1.u ,11c qp with some way to do it .
even though we ha ve an investiga ti on goin g on with the sec ond one .
Ma yo r Brndshaw sa id we need 10 get th e in fo rmati on o ut to the citi zens. Direc tor Ol so n sai d we will do
what we can. but a lot of ii is not for public di str ibut io n. We will see what we can do. Ma yor Bradshaw
suggested he work with Neighborhood Watch or so met hing like th at. Director Olso n said we will di sc uss it
and get somethin g ba ck to Co uncil.
Mayor Brad shaw said basic all y I wa nted in fo rm atio n about how many time s we hav e had shoo tings in the
la st fiv: ye ars and how it was dealt with . Director Ol son sa id stati sti call y we can get thm for yo u fc1r sure .
We will get the :'"Csult s of thi: Di stri ct Attorney's investigati on. As a mauer of fac t, on thi s l:l st one, Distri ct
Anorney Jim Peters was h,~re un til 11 :30 at ni ght . bein g part of th e entire in vesti gative proc ess . We will
get that all to yo u and res ults of eac h one. Ma yor Bradshaw said th ank yo u.
(ii i)
Sa turda y. Jun e 28th •
Mayor Bradshaw said th ere is a sign ded icati on project fo r Ara pahoe Acre s on
(iv) Ma yor Brad sha w gave kudos to Jerrell Black, Gary Hultberg and Jeff Jones for
th e All Soul s School lcner. It is so nice to get so meth ing po siti ve abo ut how well the field s are work ing for
peo ple. Although, she po int ed o ut . there is an odor over the re durin g th e gam es ... every once in 11, while . It
is fr om the tran sfer s1a1ion. I wa s over watchin g a co uple ga mes thi s year. she said . and it is prett y na sty.
(v) Mayo r Bra dshaw offered ku dos 10 Di rector Si mpson's staff for th e excell ent.
excelle nt Comprehen sive Pl an. Director Simp son sa id th ank yo u.
(b) Co u~ci \ Membe rs· Choice
(i) Council Member Grazu\i s sa id, to fo ll ow up on the lell er we rece ived fr om Mr.
Mic hael Trefr y abo ut hi s concern s re ga rdi ng Cornerstone Pa rk ... c ve n though hi s iss ues nee d to be taken up
with South Suburban. the re arc iss ue s fo r 1hc house~ over th ere. with th e tow trucks parkin g th ere and the
trash that is non-conta ined and it rea ll y ovc rn ows. Do we work with So uth Suburb an or do th ey just do it
all ?
Ma yor Bradshaw said it is th eir park . The y pay us a p:iy mcnl in li e u uf ta xes eve ry yea r. We rece ived our
$8 ,0CXl .00 ch eck fr om Da ve Lorenz again . I have a concern . she sai d, abo ut Ih a! whole ag reem ent when
o ur wa 1.-:r pa rk ope ns. I wa nt Englewood resident s to be abl e 10 g<-t in , si we arc goin g to ha ve to re vi sit
that wi th them .
(ii) Co uncil Member Garre tt :
I. He said , re gardin g encro achme nt agreeme nt s, we kno w in Engle wood our terrain is no! Oat and we
have all kind s of pe ople th at ha ve thing s th at wo uld . arguabl y. need an cncronc hm ent agreement and they
didn 't kn ow 1hcy needed one. And m:\ybc we can co rne up wi th some 1hrcshold th at makes sc nse ... maybc
an admi ni stra ti ve process as o pposed 1,, always havin g ta co me 10 Council fo r all of th ese. We have a lot of
Englewood Ci ty Co un r il
June 16, 2003
Page 14
non-rnmplia nt ci 1izc ns who don't ncc:c ss an ly wa nt to be non-co mp liant. It 111.i ke s no se nse to me. he s:1id.
thal we do .i ll !hi s work 10 bring an encroachm ent agreem ent 10 Co uncil. fo r so me 1h ing 1hat is foi rl y minor.
Mr . Garret' ~1.a;ges1ed th at we coul d use an ad mi nis lrative process like we have fo r va ri ances.
M11yor Br ad .. 1.Jw sai d why not? Ca n th at happe n?
Dir.:.cto r Si 111oson sa id we ac tuall y do ha ve an admi nis tra1ive proce ss in pla ce today . There are ccria in
crit er irt and ii 1:, a two-d epartm ent process. Direc tor Ross and I bo1h sig n off on encroachme nt ag rcc me nls.
Mr. 5i,nt • r1 1 asked Mr. Ross abo ut th e cr it er ia 1hat bri ngs the m fo rward to Co unci l fo r app ro val.
Di rector Ro ss sai d we only have th e auth ority to app rove fe nce s, wa ll s and signs. So. if we ge 1 :my1hing
outsi de of 1ha1. then we have 10 au tomati call y bring thos e to Council. It has to be at lea st one foot bac k of
the sidewa lk and then on encroachment s li ke signs. they have to be eigh1 fee t above th e sidewa lk, bu t 1hey
ca n encroac h all the wa ) l!p 10 fi ve feet tc, 1hc back of th e curb. So we do have so me admi ni stra tive
leewa y, he said. buL there are ~o rrie c.xc.~:,,:.,,,s, li ke th is one. where we don't.
Council Members Garrett sa11: ,1 '.", 1, ' '" ~·" ll.1 as k is that we rev iew th at.
Director Simpson sai d what we 1..11, do is revi ew th e encro ach me n1 agreement s, the ordi nance and bri ng
so me rec omme nda tions ba ck to yo ·,.
Mayo r Brad shaw sa id may be we ca n fi nd out what the origi nal ra 1ionale was ... if yo u can find it. What do
yo u thin k? It would be interestin g. Bec ause the re mi ght be a real leg iti mate reaso n we don'I see rig ht now.
Direc tor Ross said I'll ha ve to be hone sl wit h yo u, as lh e staff per son, it defi nit ely makes things diffic ult f0r
us when we are re movin g or replacin g a side walk. fo r fea r that we arc going to da mage the wall . And then
the fe ds are talk ing abo ut mand;1ti n& ADA iss ue s ... requiri ng 1hat all side wa lk s be fou r fool wide . So
with out tha 1 foot. if we get int o a situ ati on where ,,c hJvc to widen th ese side wa lk s to meet th is federal
mand ate, i1 is reall y go ing to put a burd :n on us. And so as s1aff. he sa id , I'm reall y nm go ing to he
recommendin g 1hat we all ow that. They rea ll y nee d to be th e exr~;;iiu1; rather than 1he rule .
Co uncil Membe r Garrett sa id I would say th e vast maj ori 1y do not have encro achm ent Jgreem en1 s toda y.
Ken Ross said no. th ey ass ume th at the y own all 1hc way up to the bac k of the sidewal k.
Co unc il Member Garrett sa id I don't eve n kn o1,1: if thcy j us t assum e th at. I thin k 1hcy may just say th ul they
have dirt th a1 fa ll s on the sidewa lk all thc time. so I need to pu t up a barrit:r 10 kee p that fr om hap pe nin g. It
is a prac ti ca l so lut ion, wit hout rea ll y tlu nki ng of pro perly is sues. I th ink ha vin g ag reemen ts in plac e is
hctt e, 1han not havi ng ag ,ccmcn 1s 111 pla ce. And . he said . by maki ng it ea sie r 10 ge t an ag ree men t. so
ci1i zen s are will ing to co me forwar d to ge t the m, we would be a lot hell er off .
Ma yo r Bradsha w sa id our sid c,,:1\k s 1ut were buih . wcrr befo re all the ADA reg ul a1ior,s. Is th;u true?
Di rcc tv; Ross s:ii d th nt is true .
Dircc1or Si mpso n said we will take a loo k and brin g so meth in g back .
2. Mr. Carre ll said my seco nd iss ue is abo ut the ge ntl eman th at cam e in about the speedin g tic ke t.
mean I have so me sy mpalh y. but al the same time . if yo u get cau ght in the sa me place twi ce, that alwa ys
give me pause. Our citi zen s have requ es ted that we slow th e tr affi c down in En glewood and I think th at
defeats the purpose and Fede ral may appears to be a rnjor stree t, but as )OU go dow n to that area it is
resi dent ial. bcc:1use we have a lot of peo ple co ming in and out of th e resi demial co mmu nities. Al so. he
said, for th e peop le who arc still here. I ca n 1<"11 you 1rcrn my pe rspec tive . :ind Coun cirs pcrspcc1 ivc. I
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Englewood C ll y Council
June 16, 2003
Poge 15
alwa ys ge l upset when pe ople say we're do ing 1h is becau se we wam 10 increase revenue . Thal is nol the
reaso n wh y. I think most of 11s ,·a te,: ·•ir stri cter enfo rcem e-nt, because p-:ople in the City wonlcd peo ple to
slow down . Co uncil Mem ber G:-.n ,· .• r-id 11 ake offen se when someo ne co mes in and does th at. especia ll y
the sec ond tim e.
Ma yo r Brnd shaw said we ll yes, \!1 11 1 1s when • qui t li!<.te nin g. when he sa id it was the seco nd time . Co uld
we draft a letter from the Mayor w ,:i ng th S¢ po int s?
(iii} Co uncil M.:.'tlh<!r Moo re sai d a few Co uncil sessi ons ago, I reported a truck and
trailer that we re park ed on Fl oyd by H.o,,,:.n s Park. which had bee n sining there for two or three weeks, but
th e day I made th e req ues t th ey di sappeared. Bui. he said. th ey came back and I sweaf it has bee n sittin g
th ere fo r two week s now , so if we could j ust look at it. It is on Fl oyd by Roman's Pllrk . Act uall y. he said,
lhe trailer ha s been attached late ly. but it is clearly in violatio n of the 72 -hour ru'.: and he is using it fo r
semi-perma nen t .~arki ng.
(iv) Co unci l Member Nabholz said I did not get ba ck to Ken Ross on my co ncerns
re ga rdin g the rcs urfaci ng ... it was n't just th e oi l sp ill , it was the wh olejoL, th ere on Cornell, that was bad.
They did resurface Cherokee and Corn ell , however , I went to work and came back, and there was a big
chunk mi ssi ng . I thCJ ught thi s compa ny came from out of state, resurfaced ano 1hcn they left , but th ey were
able to co me back scvcraJ weeks la ter and resu rfac e. Arc they sti ll working ? Arc we still resurfaci ng ?
Director Ross said yes , there arc a numbe r of ci ties t ,a ha ve tagged u 11 with Engle wood who have
recog ni zed the wonh and va lu e c f thi s sy stem. So thi s year , th ey had a pretty extensive program . They did
some work in Cherry Hill s Vill age, Sheridan, Little ton and at Heather Garden s. That is the reason they
we re !ili ll around . They had a lot of additi onal wo rk .
Co un cil Men 1.>cr Nabholz said so !h ey k .ep I hei r st uff here r nd transfer it around?
Mr . Ross sai,; they don't ha ve a ba se here but . becau se th ey had so much wo rk . they were st ill in town. so
we had them take care of some of those is:..ues.
13. City Manager's Report
Mayor Brad shaw said we have our Assis1an1 Ci ty Mana ger Michael Flah er1y here thi s eveni ng. be cause Mr .
Sea rs is participating in the "Ride 1he Roc ki es .. tour.
Assistant City Mana ger Fla~c rl y did not have an y mail e rs 10 brin g before Coun ci l.
14 . City Attorney's Report
Ci ty Au orney Brotzman di d not have any maners 10 bri ng befo re Council.
15. Adjournment
MAYOR IIRADSHA W MOVED TO ADJOU R N. The meeting adjourned at 8:40 p.m.
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