HomeMy WebLinkAbout2003-07-07 (Regular) Meeting Minutes• ENGLEWOOD CITY COUNCIL
ENGLEWOOD , ARAPAHOE COUNTY , COLORADO
Regular Sess ion
July 7, 2003
I . Call to Order
The regular meeting of the En glewood Ci 1y Co unci l was ca lled to ord er by Mayor Bra dshaw at 7:40 p.
2. Invo ca tion
The invocation was givc 11 by Co uncil Member Nabholz.
3. Pledge of Allegiance
Th e Pledge of Alle giance wa s led by Ma yor Brad sha w.
4. Roll Call
Present:
Absent:
Co unc il Members Nabh olz. Moore , Graz uli s, Garrett , Wolosy n,
Yurchic k, Bradshaw
None
• A quorum wa s present.
Al so prese nt:
5. Minutes
Cit y Manager Sears
City Anomey Brotz man
Assis tant Cit y Manage r Fla hert y
Ci ty Clerk Ell is
Direc tor Fonda , Utiliti es
Direc tor Enio n, Human Reso urces
Sen io r Pl anner Graham, Co mm unit y De ve lo pm ent
Direc1or Simp so n. Commun ity Devel opment
Dircc1o r Ol so n, Safet y Servi ces
(a) COUNCIL MEMBER GRAZULIS MOV ED, ANO IT WAS SECOND ED, TO
APPROVE THE MINUTES OF TH E REGULAR CITY COUNCIL MEETING Oc JUNE 16, 2003.
Mayor Brads ha w as ked 1f th ere we re any corrcc 1ions or additions. Th ere were no ne .
Vote results:
Ayes: Council Me mbe rs Nab holz, Moo re, Garre ll , Wolosyn.
Yurchic k, Grazu li s. 3 n.dshaw
Nays: None
Moti on carri ed .
6. Scheduled Visitors
• (a ) Roxa ne Moc k, 495 1 So uth In ca Dri ve, gave each Co un cil mem be r a hand out. She sa id I
a:n here 1oday to talk abo ut the iss ue of noise in my ne ighbo rhood. beca use my neighborh ood is in a
resi den 1ial dis tri cl th at a buts and adj oins an indu stri al di strict. We get a fo.ir amount of noise in the
Englewood City Council
July 7, 2003
Page 2
evenin gs ... a foir am ount of noise all th e 1ime ... with 1he ra ilroa d, traffi c, and so fort h. But , speci fically,
between the hours of 10:00 p.m. and 7:00 a.m., we ex pe ri ence a high leve l of be eping noise from the wa ste
transfer faci lit y, whic h is a mile directly west of our home. whic h is al so in Eng lewood, and some waste
co llecti on ac ti vitie s arc co nducted along 1ha1 co rrid or. adjacen t 10 1he residen ti al zone . With respec t to th e
beeping so und that was coming fr om the waste lrnnsfer fa cilit y. she sa id, I have been working wi th
Se rgea nt Jeff Sanchez and I be li ev e we have come 10 a resoluti on on that iss ue . We aren't sure what to
expec l at thi s po int. b~t we are go in g 10 kee p our cars open al ni ght fo r the beepi ng so und s. So today . I
want to foc us on the so unds of was te collection activ iti es that are cond ucted between the hou rs of 10 :00
p.m. and 7:00 a.m. along the corridor . You ca n see on th e zo ning map that ii is th e light purp le corridor,
whi ch run s along the we st side of the large residential area. I live in th e Belleview Park ar::a ... so it is very
close to th at co rrid or. Thi s parti cular co rrid or abuts upon, adjoi ns, and is adjacent 10, vario us reside nti al
di stricts within the ci ty limit s, al ong that zo ne . The Englewood Municipal Code Section 6-2-1. paragraphs
Band C and Secti on 6-2-4 . clearly express th at noise is a se rious concern in Englewood and th at ce rtaiu
kinds of noise during cenain times and in certain plac es , can. in fact, adversely impa ct the qua lity of life of
the city's inhabitants . A copy of those references are in the packet. In reviewing lhe Muni cipa l Code, with
regard to tra sh co ll ec tion acti vitie s, I fou nd on ly two parag rnph s that pertain to tras h collection activitie s.
Those are also included in yo ur pac ket for your reference . As written. both of the paragraph s 1hat I am
talking about, 5-26 -4 and 6-2-5 . re stri ct 1,·.1sh co llecti on acti vities between the hours of 10:00 p.m. and 7:00
a.m., either wit hin a residential distri ct or within 300 fe et of any hotel or motel within an indu strial district.
Obviously, from the wording , there is a buffer zo ne provi sio n of 300 feet fo r hotels and motel s, but no
provisi ons for the ho uses along th at co rridor. And in some areas al ong that corridor, there is a house within
10 or 20 feet of a dumpster that is emptied between 10:00 p.m. and 7:00 a.m. These activities occ ur for
hours th ro ughout the night and they are heard for miles nw::i y. So, I'm here to ask City Council to con sider
revi sin g th ose tw o paragraph s to include a buffer zone for trash coll ec ti ons I.h at are within a certain
proximity of a resi dence, reg ardless of whatever zo ne it is in . Th at is basically my state ment. She asked if
!here were any questi ons.
Mayor Bradshaw said very we ll done. Thank yo u.
Counci l Member Yurchick sa id I have a que sti on. I'm not clear ... a rc yo u say in g th at trash trucks are
running from 10 o"clock at night un1il 7:00 in the mornin g. in an indu strial zo ne . pi cking up dumps ters?
Ms . Moc k repli ed. yes si r.
Council Member Yurc hi ck said I didn't realize they ran at th ose hours . Mayor Bradshaw said I didn't
ei1her .
Council Member Yurchi ck said I gue ss I'm not clear on thi s. Is it over th e wh ole peri od. or is it more
toward th e mornin g?
Miss Moc k said it is th ro ughou t the period. I usuall y hear them startin g ac ti vitie s around 12:30 or 1.:0 in
th e morning and operations usuall y cease around 4:30/5:00 a.m. They run the wh ole ro ut e. so th ey stop .
and then you hea r crash, bang. era.s h and then you don't hea r ii for awhile. as the.y go around th eir route . I
don 't know if it is just one ,;o mp any or seve ral com pa ni es .... I ha ve no idea. We spoke with Code
Enforcement and th ey told m, that, really . there isn't any1hing we ca n do. becau se that is an indu strial zo ne
and th ere is no law protec tin g us.
Ma yo r Brad shaw said I think we ncea to have a law for indu stri al zo nes th at abut re sid ent ial.
Council Member Grazulis said I do too. That 's not quality living.
Co uncil Member Yurchi ck alt kcd wha t .. J buffer zone or the whole re sid enti al zone?
Mayor Brad shaw said no. I think th e 300 fee l make s sense .
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E nglewo od C ll y Counc il
July 7, 2003
Page3
Ms. Moc k sa id we would like to sec 300 feel or so meth ing a little more pro hi bit ive or stri ct, wi th regard to
resid ences. T he 300 foot buffer zone , is a pro vis ion fo r hotels ~nd motel s wi1hi n an indu stri al zone . And,
of co urse. tras h co ll ec1io n ac 1i vities. wi thin a rcs idc nli al zo ne , are prohibit ed between I0 :00 p.m. Dnd 7:00
a.m. Bui . she sai d, fo r the re sid en ces 1ha1 arc wi1hin 20 fee t of a dum pster, on the other sid e of th e
industria l zone \me . the borderl ine. there is no buffe r zo ne provide d. So if th ere coul d be at least 300 fee t,
prcfcrn bly so meth in g more str ict. but at lea st if yo u would loo k at that and consider revis ing th at, pr0\1id in g
us wit h so me so rt of pro 1ecti on.
Mayor Bradshaw sa id we \\Ill direc t thi s 10 our Commun i1 y Develo pm e nt s1aff. Thank you so mu ch.
~·,1s . Mock sai d t!l ank yo u \'cry muc h.
7. Unsche dulc-d Visitors
(a) Bruce McDowe ll , 325 0 South E lati , sa id this is jus1 a question. In the past, I have
addres sed the Coun cil on a coupl e occasions a nd then stuff ha ppened during the Co•Jnc il meeting th at I
would like to ask questi ons about. but I already had my turn up front. Is th ere an y way th at someone in the
audi ence coul d ask questio ns afl er th e prese ntatio ns ... j usr fo r c larific ati o n. argument or whate ve r?
Mayor Bradsh.·w said I know some Counc il s do 1hat ... they have qu estions fro m th e community before the
meetin g and abo afte r th e meetin g. But I don't know of a nybody ha vin g questions duri ng th e meetin g.
Mr. McDowell said a ft er th e mee ting woul d be fin e. The n th e c itize ns would not ha ve to wa it a month to
ask a questio n .
Mayor Bradshaw sa id in Little ton. th e y have a n o pen fo rum at the beginn ing and a t th e en d of the Council
meeting. In Engle wood we have schedul ed it :u the be ginning.
Mr . McDowell said I would like the o pportuni ty 10 s peak at the end of the meeting. as stuff will come up
under Co unc il bus iness th a t I would li ke 10 ha ve some input on or questions answered . I can't ask about it
before I hear it. You know what I mea n? II is j ust so mething to po nde r , I'm not ma king an issue out of it ,
I'm j ust asking th e questio n. Thank yo u. he sai d .
Mayor Bradshaw 1hanked Mr. McDowe ll .
8. Communications, Proclamalions a nd Appointments
(a) A me mo fr om Public Works Di rector Ke n Ross requesting th at Co un ci l accept Bar bara
Hodge 's resig nati on fr om the En gle wood Tra nsponation Ad viso ry Co mmittee was considered .
CO UNC IL MEMBER GRA ZU LIS MOVED, AND IT WAS SECONDED , TO ACCEPT BARBARA
HODG E'S RESIGNATION FROM TH E EN GLEWOOD TRAN SPORTATION ADVI SORY
COMMITTEE.
Ayes:
Nays :
Mmin n carried .
Counci l Members Na bh olz. Moo re. Garren. \Volosy n.
Y urc hi c k, Grazuli s. Bradshaw
None
CO UNCIL MEMBER GARR ETT MOVED, AND IT WAS SE CONDED, TO APPROV E AGENDA
ITEMS 8 (b) THROUGH 8 (q).
(b) RES OLUTION ~•0 . 5 1. SE RI ES OF 2003
A RESO LUT ION REAPPOI NT ING LAURETT BARREN TINE TO THE ENGLE WOO D LI QUOR
LI CENS ING AUTli OR l'J'Y FOR THE CIT Y OF ENGLE WOOD . COLO RADO .
Eng lewood City Co unc il
J uly 7, 2003
Page 4
(c) P.ESOLUT ION NO. 52. SE RI ES OF 2003
A RESOLUT ION REAPPOINTING ERIC BERTOLUZZ I TO THE ENGLE WOOD CULTU RAL ARTS
COM MISSI ON FOR THE CITY OF ENGLEWOOD. COLO RA DO .
(d) RESOLUT ION NO 53, SER IES OF 2003
A RESOLUT ION APPOINT ING BRIAN BLEIL E TO THE ENGLEWOO D PLANN ING AND ZON IN G
COMM ISSION FOR THE CITY OF ENGLEWOOD. CO LORADO.
(c) RESOLUTION NO. 54. SERIES OF 2003
A RESOLUTION APPO INTING MIKE CALAHAN TO THE EN GLEWOOD CO DE ENFORCEMENT
ADVISORY COM MITTEE FOR THE CITY OF ENG LEWOO D. COLO RADO .
(f) RESOLUT ION NO . 55 . SE RIES OF 2003
A RESOLUTION APPOINTING HAROLD COOK TO THE ALLIANCE FOR COMME~
ENGLEWOOD (AC E) FOR THE CITY OF ENC .EWOOD , COLOR ADO.
(g) RESO LUT ION NO . 56. SEl{IES OF 2003
A RESOLUTION REAPPOINT IN G JONATHAN CROWELL TO Tl-IE ENGLEWOOD CODE
ENFORCEMENT ADVISORY COMM ITTEE FOR THE CITY OF ENGLE WOOD . CO LORADO .
(h) RESOLUT ION NO. 57. SERIES OF 2003
A RESO LUTI ON REAPPOINT ING JASON FISH AS A YOUTH LI AISON TO THE ENGLE WOOD
PUBLIC LIBRARY BOA RD FOR THE CITY OF ENGLE WOOD. COLORADO.
(i) RESOLU TION NO. 58. SERIES OF 200 3
A RESOLUTION REAPPO INTING DEBORAH GUINTHER TO THE ALLIAN CE FO R COMMERCE
IN ENG LEWOOD (ACE) FOR THE CITY OF ENG LE WOOD . COLORADO.
G) RESOLUTION NO. 59. SERIES OF 200 3
A RESOLUT ION APPO INTING DEB ORAH HOWAR D TO KEEP ENGLE WOOD JEAUTIFUL
CO MM ISS ION FO R THE CITY OF ENGLE WOOD. COLORAl'O .
(k) RESOLUT ION NO . 60. SERIES OF 2003
A RESOLUTION REAPPO INTING CHR ISTOP HER JONES AS A YOI JTH LI AISON TO THE
ENGLEWOOD PARKS AND RECREAT ION COMM ISS ION FOR TH t. CITY OF ENG LEWOO D,
CO LORADO .
(I) RESO LUT ION NO . 6 1. SERIE S OF 200 3
A RESOLUTION APPO INTING CINDA LOSEE TO THE ENGLEWOOD TRANSPORTAT ION
ADVISORY COMM ITTEE FOR THE CITY OF ENG LEWOOD . COLORADO .
(m) RE SO LUT ION NO . 62. SE RIES OF 2003
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Eng lew ood Ci ly Council
July 7, 2003
Pnge 5
A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENG LEWOOD LIQUOR LI CENS ING
AUTHORITY FOR THE CITY OF ENGLE WOO D, COLOR ADO.
{n) RESOLUTION NO . 63. SERIES OF 2003
J, ~ESOLUT IO N APPOINTIN G MARGARET McDERMOTT TO THE ALLIANCE FOR COMMER CE
Ii• ENG LEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, ,OLORADO .
\v) RESOLlJTION NO . 64, SERIES OF 2003
A RESOLUTION REAPPOINTING JANET MOORE TO THE ENGLEWOOD CUL TUR AL ARTS
CO MMJ~SION FOR THE CITY OF ENGLE WOOD , COLORADO .
(p) RESOLUTION NO . 65 , SERJES OF 2003
A RESOLUTION RECOMMENDING SHELLEY THOMPSON FOR APPOINTMENT TO THE
ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO .
(q) RESOLUTION NO . 66, SERJES OF 2003
A RESOLUTION APPOINTING TED VASIL.AS AS AN ALTERNATE ME~IB ER OF THE ALLIANCE
FOR COMMERCE IN ENGLEWOOD FOR THE CITY OF ENGLEWOOD, COLORADO .
Vote results :
Ayes:
Nays:
Motio n carried.
Council Members Nabholz , Moore, Garren, Wolos yn .
Yurch ic k, Grazuli s, Bradshaw
None
Ma yo r Bradshaw and Council Mem be r Wolosyn presen ted certificate s and Ci ty pin s to th e board and
commis sion appointees who were present : Mich ael Calahan, Harold Cook , Deborah Howard, Margaret
McDermoll , Janel Moo re , Shelley Thompso n and Ted Vasil as.
Mayor Brad shaw thanked them for coming to the mce1ing. We look fo rward to working with yo u, she said .
9. Public Hearing
No public hearing was sc heduled before Counci l.
IO . Consenl Age nda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) and (II) AND 10 (c) (I).
(a) App rova l of Ordi nances on First Readi ng
(i) COUN CIL BILL NO . 46. INTRODU CE D BY COU l\rI . MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROV ING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BOARD OF COMMISS IONERS OF ARAPAHOE COUNTY, COLORADO , BY AND
THROUGH THE ARAPAHOE CO UNTY CLERK AND RECORDER , AND THE CITY OF
ENGLEWOOD . COLORADO. TO CO NDUCT A COORDINATED MAIL BALLOT ELECTION ON
NOVEMBER 4, 2003.
Englewood Cily Cou ncil
July 7, 2003
Page6
(b) Approval of Ordinances on Se co nd Reading
(i) ORDINANCE NO . 46. SERIES OF 2003 (CO UNCIL BILL NO . 42,
INTRODUCED BY COUNC IL !\1EMBER GARRETT)
AN ORDIN ANCE AMENDING TITLE 7, CHAPTER 6E. SECTION 9. OF THE ENGLEWOOD
MUNICIPAL CODE 2000, TO INCLUDE ACID .
(ii) ORDINANCE NO . 47. SERIES OF 2003 rcr.uNCIL BILL NO . 43 ,
INTRODUCED BY COUN CIL MEMBER GARRETT)
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
AT 4496 SOUTH DELAWARE STREET FOR A RETAINING WALL ALONG STANFORD A VENUE,
TO LEVEL OUT THE PROPERTY, AND A PICKET FENCE ON TOP OF THE WALL.
(c) Resolutions and Motions
(i) RESOLUT ION NO . 67, SERIES OF 2003
A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INFIL ., DRIVEWAY ACCESS
AND SURFACE VEGETATION IN BROWN'S DITCH ALONG THE 5600 BLOCK OF WATSON
LANE , LITTLETON , COLORADO.
Vote reiUlts:
Ares:
Nays:
M oti on carried.
11 . Regular Agenda
Council Members Nab holz, Moo re, Garrett, Wolo syn,
Yurchick, Grazulis, Bradshaw
None
(a) Approval of Ordinances on First Reading
There were no additional item s su bmined for approval on firsl read ing . (See Agenda Item 10 -Consen t
Agenda .)
(b) Approva l of Ordinances on Second Reading
There were no additional it ems submitted for approva l on second reading . (Sec Agenda Item 10 -Consen t
Agenda .)
(c) Re so lu1i ons and Motions
(i} Direc tor Eaton presented a recommendation from the Human Resources
Department 10 adopt a re so luti on approving a Collective Bargaining Agreeme nt wi th the Englewood
Emp loyee s Assoc iation for the yea rs 2004 and 2005 .
Mayor Brad shaw said thi s agree ment is with .'bout 80% of the people who wo rk here . She said this was the
first group to step up and say yes , we know we ha ve a bud get crisi s, we expect a zero percent in crea se . I
just cannot praise thi s group of peop le enough . And I know time s arc tough and mo ney is tough. bul fo r
ove r 400 employees in our associa ti on to do that ... I rea ll y, really appreciale it. Please convey that to them,
she said .
Director Eato n said thank you.
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Englewood City Council
Jaly 7, 2003
Page 7
COUNCIL MEMBER WOLOSYN MO \'ED, AND IT WAS SECO NDED, TO APl'RO\'E AGENDA
IT EM 11 (r ) (I) -RESOLUT ION NO. 68 , SF.RIES OF 2003.
RES < , ''TION NO . 68. SER IE S OF 2003
,", lff "ULUTIOl\ AUTHO RI Z ING Tl-IE CO LLECTIVE BARGA ININ · AGREEMEN T BETW EEN
Tiff -,!GLEIVOOO EMPLOYEES ASSOC IATION AN D THE CIT Y OF ENI ;u,wooo FO R TH E
,•rRIOD OF JANUARY I, 200~ THROUG H DECE MB ER 31. 2005.
\<o,e results:
Mo1io n earned.
Ayes: Cou ncil M.:mbc rs Na bhol.:. Moo re. Ga rren , Wolosy n,
Yurc hi ck. Grazu li s. Brad shaw
Nays : None
Mayor Bradsh aw sai d. aga in . please tell !h em th k you so mu ch fo r step pin g up 10 the pla1 e and helpin g us
out in a ve ry difficult eco nomi c time .
Director Eaton sai d I will .
(ii) Se ni or Planne r Gr aham prese nt ed a recom menda ti on fr om the Commu nit y
De .elopmen t Depa nm ent 10 approve, by moti on. a grant applicati on seeki ng Smart Growth funds from the
U.S. Environmental Pro tec ti on Agency. He said, bo ili ng it down 10 about three poi nt s, the Cit y is eligibl e
fo r thi s fundin g because we rece ive d a pil ot grant in 1997 fo r envi ro nm enrn l assessment. EPA made, only
those ci tie s, eligib le fo r thi s round of fundi ng. Seco nd . thi s propos al re prese nts so me poss ible
enviro nmen tal remedie s fo r area s along the Pl atte River in Englewood and also . third , it represe nts so me
economi c development opportunities for Englewood . It should be noted tha1 this is a coope rati ve
agree ment where th e Colorado Brownfiel d Found ati on will be ad mini stering th e granl. They wi ll be doi ng
the studie s and mos t of the work . Eng le wood 's role, would be an ove rsight ro le and a finan cial ro le, where
we wou ld rec eive the grant, co nlract wi th Co lorado Brow nfi eld to do the work and when bi ll ed, we wo uld
reimburse them fo r th eir expense s.
t-.layor Brad shaw said oka y.
In response to Ma yo r Bradshaw. Se ni or Plann er Graham sa id it is my undcrs1andi ng that Jo hn Ken1 is an
intere sted and willing pa rti cipant in thi s. Al so, it should be nmed th at th e City of Sheridan has ,,Titten the
sup port lett er on thi s, so we co nsider thi s a pann ersh ip in man y re spects . There :ire othe r p:1 rtnc rs. such as
the Un iver sit y of Co lorado.
Ma yor Brad shaw asked if there were any que sti ons for Mr . Graha m.
Coun ci l Mem be r Wul osyn said I 1ake it that, as wi th any grant . th ere wi ll proba bly be standard s that ha ve to
be met, that this rea ll y will be a decent ,ecycling bu sine ss. You know 1hc idea of a n:c yc hn g bu siness cun
take man y forms and I'm jus1 hoping th at it is, indeed, a "green" busin ess .
Se nior Pl.mner Gra ham said I should elabora te a liul e bit. I've read the proposa l that wo uld be submitted 10
th e EPA and on,: of lhc intri guin g thin cs !jbout the prup0s .1l. is the idea th at yo u could mine the tire pil e as a
reso urce and manufo c1 ure thin gs th al cu uld be so ld fr om that and evc nluall y, remove a lot of 1he tires fro m
1ha1 ~it e, whi ch reduce s the threat of some spontaneous co mbus1ion. ligh tnin g and other thin gs .
Mayo r Brad shaw sa id we have-aiway s had a fea r that if th .:U eve r cau ght on fi re . woul d it eve r be put out?
And 1h a1 is still a fe ar with the amo unt or materia l the y have on th at si le. So thi s wou ld help mitigate 1ha1,
is tha t what you are saying?
E nglewood City Council
July 7, 2003
Puge 8
Senio r Planne r Graham said th e noti on here is 1h01 1here would be co mpanie s, 1h01 might be in terested in
manufa cturing so meth ing usin g 1ha1 kind of raw material on the site a nd then minmg it dow n to the poin t
wh ere it was oo longe r !h ere and th en managing stoc k pil es of it , 1ha1 arc reasonable . then keeping pace
wi1h the manufa c1 uring process, instead of ever accu mulating ten millio n 1ires again .
Co un cil Member Yurchick sa id so, what arc we go ing 10 end up with ... o sla ck of tires there on the site '!
Se ni or Planner Graham said th e hope is 1hal you wo uld end up wil h a small er sta ck of tire s.
Co unc il Member Yurchick said th ere is a big plant ou t th ere by Seda lia . My undcrsl3nding is tha t he ca n't
fi nd anybody 10 buy the ma 1e ri al he recyc les, which is why hi s slack is covering ten s upo n tens of acres .
Mr. Graha m sai d the no tion wi th !he incubator ... ant.i pcrh a1,) it wou ld be use ful to have Je ss ie Silverstein,
who is represe ntin g th e Foundali on. di sc uss it. .. bu t th ere arc opportuni ties there that an incubator could
potentially commercialize. With that . he sai d, if the Council wo uld be int eres1cd. Mr . Silverstein wou ld be
a bcllr:r person 10 address that.
Jesse Si lver stei n said th ank yo u. I am President of the Colorado Brownfield Foundati on. We are at 101 84
West Belleview Ave nue in Littlc10n. We have bet:n worki ng wi th th e CU Bus iness Advancemen t Cente r,
nl th e Universi ty of Colorado. And they have bee n worki ng with their researc hers, their scientists and lab
techs, and people who arc working 10 invent and create diffe rent proce sses lo use recycicd materia ls. So
the idea of the busi ne ss incubator, that we wou ld use this granl to deve lop, would be mo;e 1n develop uses
fo r e nd products and new ways 10 use recycled mate ri als. With the hope, he said , of crea tin g more de mand
for recycled goods. getting those recycled good s into th e market fast er and thereby helpi ng peo pl e to,
perhaps. be nx>re efficient as to how fast lhey ca n move ma1eri als off !he ir si te . Alo ng the way. we arc also
helpin g grow busine sses that will, hopefu ll y. outgrow the incubator and loca te nearby here in Englewood.
Mayor Brad shaw said I have a concern, becau se there is a bike trail. there are kayak ch utes and there arc
so me pre tt y nice recreati onal areas in that area . Wou ld thi s negatively impact th ose? And, if so. how?
Mr . Si lv erstein sai d. act uall y, 1hc idea is 10 help them become more effic ien t in how th ey use th e materials
and grow th e demand for the materials, so thal we Ci'.n shrink the pil es down . And. hopefully. pull th ose
piles back away from the rive r corr id or and help recove r some of that ope n spa ce. So. we arc really trying
to help th em co nso lidate 1hei r operations away fr om the river .
Mayor BrJd shaw sa id okay, that is good enough fo r me.
Co uncil Member Graz ul is as ked if they won't always keep add ing to it. Ma yo r Brad shaw sai d I don't
know . because th ey arc n·1 in incorporated Arapahoe Coun ty or Sherida n. Mr . Si lverste in sai d the y urc in
1hc unincorporated area ri ght now. Ma yN Brad shaw sa id th ey are in unincorporated Arapahoe Co unt y.
Council Mem be r Graz ulis sa id, bu t they would co nt inue 10 add 10 th ose piles?
Mr. S1 1\•crs tcin said wel l. it is thei r opera ti on, so I ca n't speak fo r ho w th ey wo uld react. but our hope is th at
we wi ll add new types of busine sses th at ca n bcncr use th e ma teria ls th ey have . and so as fas t as they add 10
them we ca n take them down . Ultim a:c ly. wha1 we hope to do, he said, is create a va lu e on 1heir site whe re
they might decide to move out of the recycling busine ss .ind perhaps house so me more manufact uring and
;1m rc produc ti on type facilitie s.
Mayor Brad shaw asked if th ere were any other que stions .
Cou nci l Member Yurc hi ck sai d I was just co ncerned tha t if they are go ing to be processi ng materials. they
are goi ng to have to have stacks of material s there to process.
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Engl e wood C it y Counci l
July 7, 2003
Page 9
Mayor l3 rad~haw sa id. 1hc way I undcrs1a nd 11. is that thi s i!> not a lac il i•y. This is :1 netwo rk o~ peop le 10
use the rccydcd goods that yo u arc tr yi ng to bui ld. Mr . S1lvcr s1cin said yes.
Council Member Yurchid: said they \\'oul d recycle the Oxford Rci:yc:ling. wh ich in turn . Oxford Rc;..ydm
will ha ve 10 i•·c rcase the si ze of its pil es. Mayor Brad sha w said 10 mee t th e de mand . Mr. Yurchic k sa id
rig hl. th at is my co nce rn .
Mr . Silver stein sa id wh:11 kind of anra ctcd us 10 the Oxford s i1 e 10 beg in with. was th at th ey nave th ese
hu ge pile s. and if yo u talk to th em. they say th ey :1 rc co ll ecti ng pile s because they are wa iling fur th e
market 10 be strong enough so that th ey can get rid of thi.:m . So, he sai d. we arc tr ying to help that mark er
along.
Ma yo r Brad shaw said !s 1hcre any ;.v ay we ca n make sure 1hat they don't get any more stuff than 1hey have
now?
Mr . Silve rstein sai d \\e arc Lry in g 10 help . I'm not sure I ca n addre~s :1 ~r-~ulatory iss ue .
Co uncil Member Yurchi ck said I don't sec th is as an incent ive to ma ~' •t-.e pil e !!,O away. I see it as an
ince ntive to maint ain the current pi le or make it bigger.
Mayor Bradshaw said but I th ink th ere is hope .
Mr . Silverstein sa id we sec it as a pil e of raw mat erials and reso urces and th e Uni ve rsity of Colorado want s
to bri:ig emerging bu sine sses 10 this area to utili ze \hose raw mater ials. We see it as an eco nomic
devel opment func lion. actuall y. Mayor Brad shaw sa id and thi s is for how long? Mr . Si lvers tein sa id the
grant is a th1 ee•ycar cy cle, a three year period . Mayor Bradsha\\' sa id the n yo u wou ld be app lying fo r
anoth er gr unt ? He rep lied pro babl y. Actua ll y. our fir st year activi ties include co nductin g mark el ana lysis
and fea si bility studi es 10 look at recycle indu strie s and 10 identify th ose users of those goods. Ri ght now .
o ne of the iss ues in Col orado, is that we don't undc rstond what bu sine sses actua ll y use th ose mnteria ls. We
are suspcc tin g ... and when I say we. l mea n th e Univ ers it y of Co loradC'I ,1rA nw;elf ... 1hat there are a lot of
use rs of ma1e ria ls ri ght now that are ac:ua ll y brin ging them in from ou 1 :{ :;1·u t>, bec au se th ey don'! 1hink of
th emselves as re cycled mater ial use rs. They are j ust gell in g their ma1 erials fr om so me where . And so, he
sa id , pan of our feas ibili1 y studi es tu help id entify 1hat cl uster of indu strie s and re foc us th em on ma teria ls
that are ava ilabl e here to help clear 1hem off.
Mayor Brads haw th :mked him fo r answer ing all 1hc que sti ons.
COUNC I L MEMBER WOLOSYN MOVED, AN D IT WAS SECONIJED, TO A PPROVE AGENDA
I TEM II (e) (11)-A L ,tANT APPLICAT ION SEE K I NG SMA RT GROWTH FUNDS FROM TH E
U.S. ENV I RONM EN TAL PROTECTI ON A GEN CY.
Ma yo r Brad sha w asked if th ere \\ere any co mment s.
Co unci l r,.temb ~r Grawli s said it 1s fo r a three -yea r peri od. We ca n decide.
Ma yo r Brad sha w s:i id it 1s. at lca s1., 1th a try, ~o I will be \'Olin g in fa vnr of thi s.
Vot e res ulls :
1vf o1in n ca rri ed .
Ayes : Council Mem bers Nabholz. r-.foorc, Garre n, Wolosy n, Grazu lis,
Brad shaw
Na ys : Co un ci l Membe r Yurc hid
12 . Genernl Di sc ussion
Eng lewood Cit y Council
July 7, 2003
Page IO
(a)
(t) ~1ayor , rad shaw sai d I ha,c a coup le of pro pcr1ics tha t I was !,Jing to turn in.
but ii loo ks li~c so me one is work in g on lh em. They are on Kenyon. an d Fox and Ga lapago. There are
weeds alm os t to the roof liue . II loo ks like som eone is tryin g 10 do something . she said .
(ii) ~1a yo r Brad shaw sa id the othe r th ing I had a co ncern abou t was tha1 {)Ur Ci ty
I-fa ll property was lookin g prell y shabb y. The weeds arc getting \"cry tall. I-l ow can we dare cite re side nts.
when we ca n't maint am our own pro perties'? I have a problem with ihat. she said. so we ne ed 10 ge t those
weeds taken care of.
City Manager Sears said I understand Rick Kahm has be en in touch wi1 h th em ·md there is a specific time
when th at mowin g was supposed to hav e occ urred. I don't kn ow if ii has .
Directo r Simpso n sa id we ca n ca ll the new owners.
Mayor Bra dshaw sai d okay . so it is not o ur property . it's th eir s. but the y need to maintain it. because ii is
just a me ss.
(ii i) i\·1ayor Brad shaw said kud os to eve ryo ne who worked on th e 4th of July . You
guy s were incredible o ut th ere. What a ni ce. ni ct. ~vent. It is ni ce to be a part of 1ha1. she said .
(b) Cou ncil Members' Choice
(i) Co uncil Mem be r Moo re :
I. He sa id regardi ng tonight 's noise and trash is sue ... ! wo uld find that ver y irri'atin g myse lf. I ha ve
hea rd of so me cities wi th sound re strict i.ms ... 1ha1 if you can hear the noise 100 ya rd s away. it is too loud.
In this case. he sa id. I tend to 1hink th at C\'Cn at 300 feet away. I'm still goi ng to hear a dump ster gelli ng
sl ammed on the ground .
Ma yor Brad shaw sa id I agree . I gave the mform :ui on sh e g:1'"c us, to Ga ry Scars to gi ve to Bob Simp son
and asked thal th ey plea se mak e sure tha t these guys only pi ck up tr as h there before 10:00 p.m. at nig ht and
aft er 7 :00 a.m. in th e morning.
Co uncil Member Moore sai d that wou ld be one way of doing it, but I wou ld ulso li ke to ex pand it. Do our
code s a pprop ri ately addre ss motorc ycl es . cars with thund ering mu sic. as we ll as ice cream tru cks?
Ma yo r Brad shaw said we c.1 n't measu re it.
Cou ncil Member Moo re sai d if yo u ca n hc:1r it a 100 yards .l\\ay. doesn't that bcc o,.1c a more obj ec tive
standard ?
May,1r Br ads haw sa id Dir ec tor Olso n has a res ponse.
Director c :son said we ha'"e addre ssed so me of the se issue s tha t the 1:ad y bro ught up tonight. \Ve have
done so me prcll y sisnific:m t wo rk 0 1, thi s alrc:1dy . He as ked Scrgc:1111 Sa nche z 10 co me forwa rd .
Sergea nt San chet said I've spcn l th e bcucr part of th e last two mo nlh s dea li ng wi th Ms . Mock in n·fcrc nce
to thi s specifi c issue . Jus t 10 let yo u know, there arc acl unll y two iss ues . The fi rst iss ue. Ms. ~fock broug ht
up in the year 2000. referenced 1he backup beepe rs al Was 1c Managemen t. loc ated at 2400 WeM Union,
which. accordin g to my calc ul atio ns. is appr ox imate ly 1.2 mile s .iway fr l.l m where Ms. Moc k li ves . We did
so me so und tes ts on Jul y :!8 , 2000 from Ms . Mac k's propcn y and det ermin ed tha1 there wa s no ;ipprcc iabl c
differen ce with the beep ing sound . And 1h:1 1. he said . was esse nt ia ll y whal we condudcd a1 1hc time.
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Engl ewoo d C il y Co uncil
Juli• 7, 2003
Puge II
Co uncil Member Garrell said when yo u say no a ppreciab le J iffcrcncc. did yo u me an th ere wa s no
difference whe n you wer e !-.landing on her pro perly. 1ha1 yo u co uld s1iP l:'"ar it or yo u rnul dn'1 hear ii'!
Sergeant Sa nchez sa id yo u co ul d hear it , but ii didn't ha,•c any affec t on 1he so und de vice we were usin g.
On May 7th of 1hi s yea r, Ms. Moc k call ed in a noise complai nt IO the En glewood Poli ce Depa r1m cn1 ;1nd she
ma de rercrenc.: 10 a loud crashing so und . It took us, be li eve it or not, am nt h ... wi1h every bod y work in g
togc1 her . 1r .•ing 10 de1e rm ine whal th is wa s. We th oul,ht ini 1iall y it was the aqu ati c.· par ks de ve lopm ent
1hcre at 11 55 West Bell eview . We th ought !h at wa s wh ere ii was co min g fr om. Wt 1hought it wa s
po ss ibl y the tra in noise. beca use a lot of times when the trains s1ar1 up, when they iak e up th e slack betweer
the c.: =• make s kind of a loud jolt ing noise. a nd so f,,.,h. And ii was abo ut. al mos t. a month laler exac tl y,
th at Ms. Moc k call ed in and said th at !hey had iden tified the crashing so und . II was, in fa c1. Waste
Man age menl pickin g up a tra sh dump slcr loca ted in Belle view Park in the :;o uth park ing lot. I met with
W:1:;1e Manage me nl on Ju ne 13111 and asked lh'!m if they wo uld no longer pick up th at 1rash dump ster,
vhi ch th ey agreed to and whi ch they hav e ceased doing. But in doing additi onal research on thi s iss ue, he
J id, ii is aclu al\y kind of int crcs1ing. If you loo k at a zoning map, th e trash dump ster in that panicul ar pan
,·{ 1hc park . is loc at ed in th e re sidenti al area. The park, if yo u fac tor in both Belle view and Corncrslonc
Mk. is actu all y bro ken up in1 0 three differe nt zones . You ha \'C a resid enti al. hi gh den sity res ide nt ia l and
yo u also have bu sin ess. a nd that is pan of the prob lem. So. we were: able to effec 1i vcl y addres s th e one
dumpster. beca use it is wit hin th e re sid ent ia l porti on of th e park . Beyond !hat, she has addi1i onal conce rn s
abo ut the trash collectin g on Wi ndermere . If yo u go from La yton nonh, whi ch is 4800 so uth, that is all
indu strial area . It is 1101 reside nti al. ii is industri al. If you go fr om Layto n 10 ap prox im ately the 4900 bl oc k
of Wind ermere , mid-bl oc k ... the wes t side of Winderm ere. 1ha1 bei ng Bell evie w Park , th at is zo ned as
re sid ential. Sc according to 1he ordin ances th at we ha ve , Was 1e Mana ge ment would not be all owed to pi ck
up trash across the o,;trce t fr om a resid ential :lfea. From approx im ately mid -bl oc k in the 4900 bl oc k, all th e
way down 10 abou 1 the 5200 bl oc k of Winder mere. th e pa rk i:; zoned bu sine ss , not rc sidcn1ial ... i1s busin ess.
So, th ere fore , we cannot enfo rce th e tr ash co llecti on along Wind erm ere . Ri ght , wrong or indifferent Sh e
"as complainin g abo ut a car wa sh there, I be lie ve it is on th e nonhwe s1 corn er of Bell ev iew a nd
Wind ermere . Agai n I don"t know, th at is ac1uall y in Li11 le1on, I don't know how th a!'s zo ned. bu! I'm
t oin g 10 guess it is pro babl y zoned bu sin ess. bu! across th e stree l in Engl ewood , th a1·s also zo ned busine ss .
that 1:i wh y we can't enfo rce an y1hin g ac1oss 1he stree t. So 1here is actu all y quite a fe w iss ue s. Geuing
back 10 the backup bee per iss ue. like I said. as !he crow Oi es , Ms. Moc k lives abo ul 1.2 mil es away . Wh en
we did th e e:1r li cr so und te st back in 2000, we determi ned tha1 you couldn ·t pi ck up 1he b:ickup hcepc rs.
Y'.>u co uld hear them fa intly. but ii didn·t reg is1cr on th e noise mete r. So, sh: sai d th at we needed to do the
so und chec k from th ~ pro pert y li ne, a nd she wa s co rrect So, we did a so un d check on th e north side of
Waste Man ugc me n1 and again , there we re no viola tions and th e th re shold fo r viola1i ons. be 1wcc n 10:00
p.m. a nd 7:00 a.m. is 70 dB (A). There arc two t ype s of bac ku p bee pers. There is what is ca ll ed a Lrill ed
beeper :md 1he n there is anoth er ba ckup bee per soun d. It did not exce ed the 70 dB (A). So when I told her
th e re sult s. she th en said. yo u need to m:i ke th e 1es1 fr om the east side of Was te Manage ment Sh e basi call y
liv es due cas t o f Waste Managemenl. so I tol d her I woul d do that fo r he r. We have ye t to co mplete th at
pi ec e of thi s puzzle. he sa id . bu t beyond that I j ust thin k it is imoo rt ar t 1h at th e Cr,uncil has an accural e
understandin g of whal we can and ca nn ot en fo rce. We did add rcs:r. 1he dum pster th at wa s in th e pa rk th at
was zoned resident ial. bu1 on so me level , we are unab le 10 add rc :.~ Jny tra ~h co ll ection th;,,t occ urs on
Winde rmere. where the opposilc side of \V h dermcrc is zoned as business, whi ch accounts fo r abo ut two
:md one h:1lf bloc ks, and that indudcs th e Bellc vicw /Wmd crm cre area .
Counci l Membe r Yurchi ck asked if th ere were rea ll y th at many tr ash truck s pic king up tras h a l ni gh! ove r
th ere? I know on the hill . the)' prcuy much run fr om 8:00 a.m. to 5:00 p.m., with a Jill ie. overt ime or start at
7:30 in th e mornin g. bu1 th ey aren't runnin g aro und a1 i0:00 at night. .. 12:00 a1 ni ght. .. c mp1 yin g
dump ster s.
Sc rgca nl Sa nche z said, un fo rt unate ly , 1he pan y that co uld have answe red th a1 qu esti on ha s since left . Th ere
wa s ac tuall y a re pre se nt ati ve fr om Waste Manage ment here tonig ht , who co uld ha ve answered th at
qucs1i on. I do know 1hat Ms. Moc 1: esse nti all y wa s co mpl ainin g abo ut a loud crashing so und at 4:00 in th e
mll rn ing an J for a mont h plus, that was rea ll y 1hc frx:us tif our cffo ns, We we re trying to dc1cm1ine where
Englewood City Council
July 7, 2003
rnge 12
th at ca me from . Once we loc ated that and rewlved th at, th e n it see med lik e it th en became a que sti on
about th e backup beepers an~ also Lra sh co ll ec ti on on Wind ermere.
Co uncil Member Yurchi ck as ked how far wa s th t.: cra shin g noise fr om her house?
Se rgea nt unc he z said I think it was fairl y d ose . Agai n, it was in that so uth pti.rl:in g lot. The dump ster is
1owa rd 1he nonh part of th at parking lot a nd I co uld sec where th at would be a prob lem for resid ences,
because yo u have resi dences ri ght !here on th e cas t side of In ca. So, thal would be an iss ue. But agai n, as
the crow flie s fr om her res idence 10 Wind erm ere. it is abo ut .four .tenth s of a mil e.
Co unci l Me mber Yurchick sa id so it is more than 300 fee t? Se rgeant Sanc hez said abso lutel y.
2. He sJid I enjoyed th e bu sin ess forum on the oc cup ati ona l head tax . The bu si nC's s co mmunit•
ce nair.l y made a strong showi ng, and I think 1hey made so me rea ll y good po ints. I'm ce rt ainl y weir ,1ing
over th e iss ue in ter ms of both whether or not to proceed ar,-i whether or not, if we do proc eed, if S'J.00 is
the right leve l. I have a couple que stion s I would like information on. One is, wou ld ii be possible on th e
head tax to exempt the citizen s? First of all, is th at eve n nn option, as the p;emise is that 1he head tax
covers se rvices that the y are not oth erwise paying fo r. So would it even be poss ible to exe mpt citi ze ns
from the hea d tax? And if so, whal would that do 10 our cos t es tim ates, the re ven ue esti mate s?
Ma yo r Brad shaw sa id I believe th e reve nue esti :nales. co rrect me if I'm wro ng, were based on 22,()(X)
empl oyees.
Cit y Manage r Sears sa iJ yes. 22,000 err.pl oyees. That is correc t.
Councii Member Moore asked how man y of th ose arc En glewood ci ti ze ns?
Cit y Mam1 grr Sears sai d I don't 1hink we kn ow th at.
Council Member Wo losy n sa id I asked th at qu es ti on before ad they basica ll y sai d it wo uld be too much of
a qua gmire to admi ni sler.
Ma yo r Brad shaw said I think we need to go fo rwa rd with ii. Now what form it should take , I don't know.
And I th ink we ne ed 10 gel so me bu sin esses togi.:ther 10 help us fo rmul ate guid ~lin es and thin gs like 1ha1,
but ma ybe we co uld put a sunset on it. Maybe we co uld put a sun se t on it , wh en the URA bond s are paid
up and then it wou ld drop in half. I dv:i't know, she said. if yo u ever get rid of a lax. once yo u establish it.
Co uncil Member Wol osyn noled Mr. t,..j oo re sai d he had th ough1s about the $5.00. I havf! 100, she sai d.
Council Member Moo re sa id I was wo nderin g if $3.00 wou ld make it more tolerable ? Is ii fairer ? Ag ain,
the key po int of th ei r argument !h at regis tered wi th me is that I do n't want us to do anyt hin g th at mah,
doin g bu sin ess in Engl c ,\r--r J more diffi cult, cau se we will end up shoo 1ing ourse lves in 1he fo ·.:t This is
abou t pre se rving se rvices fo r our citi zens, but if. in th e long run , we hinder doing bu sine ss in Engle wood
we rea ll y ha ve n't ga ined anyt hing , So we are tr ying to gue ss a1 that long•tcrm impa ct. My thought is th t.• I
wo rk in Den ve r and I pay th is lax . that 's the way th e Denve r metro are a docs it and all we are doin g is
leve lin g ourse lves out on th e playing fi eld . That was th e primar y ri.:aso n I was comfortab le with the tax.
Agai n, I think they made so me compe Uing argument s. O ne thing th at make s Eng lewood anra cti ve, is the
lack of thin gs like th e head lax. And th at is what I'm still trying to chew th rough. Is that goi ng to hinder
doing busine ss? If it is goi ng to hinder doing bu sine ss in Eng lewood, then l 'm not sure that it is doi ng us
good in the long run . Can we go down to $3 .00? Exempting ci1i zens was one pos sibi lity, but it so und s like
th at is not fe as ible . I had another que sti on, to get an idea on the table . O.1e of their arguments is 1ha1 the
busine sses are nOI adf'.q uate ly paying for the services they recei ve in term s of po lice pro 1ec1ion, fire
pro tectio n, roa ds. Certain ly. one ~,f their arguments is that th ey ge nera te our sa les tax . Tha: it not only
covers th at, th at ii more th an cove rs it...th at it sub sidi zes Eng lewood. It is a fair argument , he sai d.
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Englewood City Council
.July 7, 2003
Page 13
Mayor Brad shaw sa id wh u pa ys th eir sales 1ax ?
Council Me mber Moore said the use rs. whoever th ey arc. 1hcy arc not j ust Engle wood ci 1izc ns. But ca n we
target it more 10 bus i ·sscs thal aren't ge neratin g sale s ta x?
Ma yo r Bradshaw said yot: kn ow I was think ing . You kn ow th e 3S car lots on Bro ad way jusl drive s me
nut s. Perhaps th ere should be a fee for ha ving car lots. It make s rn c cra zy. she sa ici, we had 31. now we
have 38.
Co un cil Member Moo re said that is one thi ng I wou ld lik e 10 exp lore. Ms. Wolosyn said I think th at is part
of 1he pi cture .
Co un cil Member Moore said we have a mu ch stronger argument that the ca r lots are using th e finit e land of
the Cit y and the y are nm supporting the ser vices that th e Ci cy provides . So is ther:, a way we ca n
di stingui sh it ? You know , ma ybe we can target busin esses that are not pro viding sale s ta :< and th ey are
re ally usin g Ci ty service s.
Mayor Bradshaw sa id so wo uld you be again st pullin g an occ upati onal pri vil ege ta:< on the ba ll ot?
Co uncil tvi l!.r..,er Moore said I have not made that decision yet. The argum ents pre s,:nted by the bu sinesse s
were more pe n ua sive th an I anticipated .
Co uncil Member Grazuli s said yes. I conc ur .
Co un cil Member Moore said al th e moment I'm not sure that I do sup po rt it. Now, th e prob lem th at ca ts at
me is that it mean s se rvice cut s. That's the hard part . As much as I ap preciat e th e busines ses input...ifwe
don't put it on the ball ot, there is nolhing left. The propert y tax. is not an iss ue and 1 co nfirmed again with
Gary what the sa le s tax. on groc erie s wou ld do and it is not hing . We ha ve to acce pt. ii we don 't go forward
with this. th en th e only answer is 10 cut the ser,•ic es we are pro vidin g. And , he said, I'm not comfo rtable
with th at eit her.
Co unci l Member Wolosy n said I wa s co mfortab le wi th the idea of an occ upa ti onal 1ax, in the beginning.
bu t when we introduced it. I th oug ht we were go ing to be in th e rea lm of Green wood Villa ge and Aurora,
which is $2.00 on each sid e. By the way. I think De nver's is $4 .00 and $4.75. Mr. Moo re sa id it is hi gher
tha n that. I know mine is over S5.00. Ms. Wolosy n said I loo ked at th e for m the y gave us and maybe it is
$5.00 and $5 .75.
Ass istant Cit y Manager Flahe rt y s.i id it is $~.00 and $5.75 . Co un cil Member Wolo sy n said so we arc
hi gher.
Co u 1cil !vtembcr Moore said to be hone st if we are go in g to do it. we mig ht as well do ii at $5.00.
Co un cil Member Wolosyn said what aboul a grea t big re1ai l pla ce comi ng in and it is such a competitive
markel to ge t relail int o every muni cipa lit y in thi s stal e right now. It 's :ornpelitive , she said.
Mayor Brad shaw s:1id but where wou ld it come in here? There wa s discussio n about the car lots.
Co uncil Member Wol osy n said th e rea so n I support one is that, as the Ma yor has sa id so often, we do want
to move towa rd dive rsifying our ec onomic bases . I know it wou ld nm solve our problems, but I thought a
small one , so met hi ng in line with neighbori ng commun ities. would put a littl e more money int o the General
Fund . That is why I think it would be prudent to researc h thi s, she said. and I wo uld hope th at we ca n
presc nl it in a way that it isn't puniti ve , as we arc str i\'in g 10 ke ep our co mmunit y hea hh y .
Mayor Brad shaw sa id one mill on our prop<:rt y genera tes abou t $430.000.00. So to get the sa , 1c ba ng fJr
the buck. go for a propert y lax incre ase of 5 mill s.
Engle wood C it y Council
July 7, 2003
Pugc 14
Counci l Member Wolosy n sai d bu 1 then bu sine sses would pay mo re on th at.
Mayor Bradshaw said yes, they wou ld pay more on 1hat than 1hcy ,,ould on an oci.:upa ti ona l pri \'ll ege rnx.
So, I don't kn nw. she said . The conce rn is that we need 10 ,Ji versify our tax ba se and I'm nm trying t'l do it
on the backs of the business peop le. That has ce rtai nl y neve r been my intent But the rcsi dems of 1hc Ci t)
have sub sidi ze d the busine sses services for so long . They p:1y fo r fir e protection, they pay fo r thi s. nm that
bus inesses don ·1. but busines ses customers pay th e sales tax . So, she noted, it is toug h.
Counci l Member Grazu li s sai d I sti ll agree with a lot of Co uncil Member Moore's iss ues rega rdin g this and
hi s conce rn s. Until that even in g, when th e busi ness pe ople came forwa rd , I was complete ly go in g for it and
now I am just reco ns idering .
Mayor Bradshaw no1ed that that wo n't be in th e ballot issue.
City Allo rn ey Bro tzman said that is one of the discuss ions about how and when we bring forwa rd the
ordinances. There are ac iu :i "" 1wo ordi nances. One is a ball ot que stio n that needs to move forward 10
me et the de ad lin es to ge t it : ball ot The second is the implementati on ord inance. The
implementation ordina nce comains all th e exemptions th at you arc talking about. Wh ether you wa n! to do
a rc side,u exe mpti on or if yo u wani to do non-profit exemptions . CML has urged us. he advised, that if an
empl oyee works in two jurisdi cti ons, to please take that into account. So all or th ose issues would be in the
imp lementation ord inance . We have al ,1,•ays th ought 1hat need s to proceed through ACE and also to ge t
their input on making it. ad mini stra tivc 1y. as simple as we .111 for th em. You know. ha ving an exemptio n
is nice. but yo u don't wa nt to make it more diffi -:ult for tr n to do the exemption than it is worth. On e of
the other di sc uss ioris we had is that ,here used t .. be a minimum that you had to make . Tha t ha s actua ll y
been taken out or th e ballot language itse lf. It is an exemp tion that is in the implemc nl ation ordinance .
Right now, we wo uld he taxing peo ple tha1 make $6 ,000.00 a year . Certa inl y, to set the leve l lhe empl oyee
has to pay ... that level need s to be discussed and set by a recommendation, probably by ACE. and th en, se t
by Coun cil at some poi nt But the ques ti on rega rding the impl ement at ion ord inance. is when do we h1 ing
that fo rward? Do yo u want to beg in discu ss ing that now or do you wa nt 10 wait until the ballot iss ue
actually pas ses ? And then you move to imp leme nt it and you get th e voters reac ti on. Do th ey wa nt to do
th is and how do yo u w:mt to ge t input on all th ose exempti ons in that process.
Ma yor Bradshaw sa id next Monday we get the bud ge t, which could answer a lot of the co nce rn s yo u ha ve.
We wi ll know what Engkwood will look like if thi s does n't pass . My thought is th at we need to let the
people vo te . That's my thinkin g. We ca n deal wi th th e particulars later, she sa id .
In response to Co un ci l Memlier Wolosy n. Cit y Auomey Bro 1zman exp lained that th e dolla r amount will be
sci in th e ballot que stio n. Rig hi. now the current proposa l is S5.00 and $5 .00 . Th at actua ll y needs 10 be in
the ball ut que sti on . we have to use the TABOR language.
Mayo r Brads haw said , however. if we are thin king about changing tha t to $3 .00 and $3.00. th en let s sa y it
and be drJ ne wi th it Or wait unti l the ne xt Business Foru m and make that correction afterwards ,
Council Member Wolosyn sai d I am leaning more towards S2 .00 and $2.00 .
Council Member Moore sai d if yo u wa nted 10 pursue a sun set prov ision, that w0uld be in the ball ot
qu estio n. Is th at right? City Auorney Brotzman said yes. that would actually be in the ba ll ot language .
Counci l Mem ber Moore sai<., Mayo r Brar.J shaw. you made a grea t point. One real ad,·antage or this tax is
the diver sification of ou r reven ue source. But it seems that rh.-su nse 1 would somew hat be w unt er to that.
Ma yo r Br adshaw said th e onl y reaso n I'm 1hinking sunset. is becau se we have the URA propertie s that we
a1cn't co llecting sales lax from . I think 1hat is about $700.000.00 to $800,000 .00, ~I this poi nt. !hat we arc
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Englewood Cily Council
July 7, 1003
Pnge IS
losin g out on, because it is go in g 10 1he Urban Renewa l Dis1ric 1. Maybe we co uld decrease the head tax as
ttio se come on line in 2008'?
Co uncil Member \Volos yn said this is 1hc poi nt I wo ul d lik e 10 make . I just read thi s art icle ubo ut certain
kind s of busine sses th at rea ll y urcn'l prod uc1i ve in the lraditional sense. Like governmc n1 s productivity is
never rea ll y goi ng to :;o up . Governmen t ha s to pro vide certai n services a nd ye t bccau st: pro.1uc 1i vity can
mak e oth er businesses more profitablc ... gove rnm en l and educati on ... they compet e for the market plac e fo r
workers wi th the se other bu sine sses, th at do have 1he poss ibil ity of havin g greater produ ctivit y and great er
pro fit So, I th ink we have to look down the road at whut we are handin g the ne x1 Counci l. The y ma y JUSl
need th at S600.000.00 to brin g eve n. So I wo uldn't fee l co mfortabl e, sun seting. if we arc 1alking about
crealin g 3 new revenue stream .
Mayor Brad shaw said , also, when we get the permit sys 1em set up. we wo uld be able 10 see what types of
busine sses cost us all the se services . Because I'll tell yo u, there arc certa in bu sinesses in o ur Ci ty that ha ve
a lot of polic e ca ll s. Then th ere are ce rt ai n businesses that mi ght not have a police ca ll all year. And then.
she sa id , we co uld loo k al a fee for service, if that is what we wa nt to do . Next Monday we will have a
bigger a nd more reali stic picture of what the budget looks like with out this in there . And . ar,: y~•J wi llin g
to go to you r ci tize ns and say. "okay , th e library is ope n four days a week""? We are sorry. What else
wou ld be loo king at ? We kn ow about street sweepi ng . What oth er c ut s :,;e we anticipating '! City Manager
Sear s sa id Code Enforcement. Mayor Brad shaw said okay, we won't have Code Enforcement, we wi ll
hirve one officer for tl-,e City . Are we willing to do those kinds of things or are we willing 10 sa y, okay
citizens, decide ... do we wan t this or not And that is where I am stu ck, she said, because I undcrs1and that
the busine ss community is vi lnl 10 our City and alway s has been . My family has had busines ses in 1hi s City
fo r years. But, by the sa me toke n, we arc limited on propeny ta x, becau se of TABOR . Okay, we have
TABOR , Ame ndment 23 and Ga ll agher, all together. II is a perfec t sce nario fo r us nr.v er gen in g mo ney 10
run the type of se rvices, to ha ve th e quality of life in our Ci ty 1ha1 our citizen s deserve .
Co uncil Member Moo re said I abso lut el y agree and that is wh y I'm wrestli ng wit h thi s. I don't want to
ha ve to go forward with those c uts, but I want so me better degree of co nvic ti on that th is is good fo r the
long-te rm healt h of the City . He r.oted it is a good idea fo r the shon -term he ahh. but is ii a good idea for
the long-term health?
Ma yo r Brad shaw said do we want 1o just make it simple and go fo r a mill levy increar.e'?
Council Member Moo re said , certainl y. fr om da y one, th e con cern abou t th at is in rega rd 10 the sc hoo ls.
would sup po n it. but I don't think we wo uld get it . I think not onl y wo uld we not get that , he sa id, but we
might cnd :mger the sc hoo ls.
Mayor Brad shaw sa id we ha,e fo u; sc hool di strict s in the Ci 1y.
Co uncil Member Moo re said we ha ve :.not hcr Forum next wee k lhat will be he lpful. We will h;1ve so me
hard budget num bers to start loo kin g.: next week . The o nly oth er thing that rm still c uri ous about, he
sa id, is whethe r th ere is so mething we co uld do th at is 1argetcd more direc 1l y 10 non sal es tax prod uci ng
busine sses. Is th at nol a viable op1i on?
Mayor Brad sha w sa id we coul d change fees . Is th al right ?
City All orncy Brotzman sa id yes. It can·t be a tax , it ha s to be a fe e,
Mayor Bradsha w said yes. it has 10 be a fee, bu t maybe a S2.500 .00 lic ense fee for th e use of a ca r lot in
Englewood . That wou ld be a big reve nue genera tor righ t there. she said.
• Counc il Member Moo re sa id is th at a lcgit i:natc poi nt fo r di sc uss ion'?
Englewood Ci l)' Council
July 7, 2003
Pngc 16
Ci ty All orm!)' 8ro1 zman sa id it ha s 10 be a legitimate fee and 1ha1 is wha t we are going to ha ve 10 co nsider.
Th e costs ha ve 10 be th e cost o f provi ding service s for that l)'FC o f bu sin ess. We have to ha ve that back up
to do it. Otherwise . it is a tax . Cit y Atl orne y Brotz man ~r.id yo u can do a 1ax . I'm not sa ying th a1 you
can '1 do a ta x. but if it is a tax. yo u need 10 take 11 10 th e vo ters.
Co uncil Me mber Yurc hi ck said can we get numbers for th e cost o f th e scrvil.:cs we provi de the car lms ?
Cit y Manager Scars said we c an take a look at it.
Ma yor BradshJw ~aid or we could dea l with it with zoning.
City Anomcy Brotz man said tha t is go in g tC' be problematic now. The State Legislature just prohibited us
fr om usin g amo ni zalio n, whic h we did wi1 h day labor businesses. We arc no w pro hibited fr o m doi ng that
wit h any businesses ex cept aduh.
(ii ) Council Member Nabholz asked aboul the sutus of th e 101 at Yale and
Broadwa y, whi ch is ri ght m·,t to Be cker's Applianccs ... th c n !here is q v;•cant lot with a chain link fen ce
and th e n 1hcre is a Mania! Arts Studio. I don't know if Becker s1i1J o,.n, ·it, she said , a nd tha t worrie s me .
13 . City Manager's R eport
(a) C it y Manager Scars said we rece ived a c heck of appi oximatcl y $108 ,000.00, whic h 1s a
refund fro m !he Denver Melfa Ba se ball Stadium OiSltic l. It wa s n'1 the $750,000.00 we received iast •. me.
he said, but it is$ I 08,000.00.
(b) City Manager Scars said staff is putting toget her their budget. We wi ll have th e nurr.Ler s
from June, at ne x1 Monday ni ght 's me eling and it wi ll be 1he most re cen1 information. The preliminary
budget. or the budget we put out, is wit h a 10 per cent cut goi ng in10 2004, which eq uals, apFroxi malel y.
the three millio n that we think we are going 10 be dow n. Again. th is is witho ut a head 1ax . I just wan! IO
re-emphasize th at thi s is still preliminar y. It is not comprehensive . We will be brin ging the budget 10
Coun c il . in a compre hen sive fa shion, in hue Aug us1. .. with a possible work sessio n in early August. bu1
knowi ng the situa1i o n we are in, we arc going to give ii o ur best shot But I JU St wanted 10 let Council
know, he sa id, that the mag nitude of a lhrec million dollar cul 10 o ur budget is going 10 severely impac t the
services that we have. There arc employees that arc somewhat associated wit h th e service s. We are o nly
goi ng to li sl services, not employees, but many of them ha ve bee n informed that those types of positions
ma y nm be cont inued, if the c ut s are made and if there is not a ne w revenue so urce of some means to fill in.
But we will get 1hat to yo u in our best fa shi o n Thurscfay night, in the mo st succin:t way that we c an. We
will be looking for any type o f feedba ck fr om the Council. We arc still in the process and. aga in . we know
the final budget won't be do ne umil late August I just wa nted 10 rr-emphasi zc that, he said. bu1 \\C will u y
to provide thi: bcsl picture . from the staff level. as 10 where we plan to go and it will be severely imp:u:ling
the c urrent servi :c s that we ha ve .
Mayor Bradshaw said 1 do n't think lhat me ssage came across in Mi c hael Fl ailc n y·s prcse mati o n at th e
Open Forum . I think 1hc me ssage was that we hnv e cu l, but when we arc tal kmg three milli o n do llars and
business es have. ma ybe. a t:!,000.00 profit . th at mea ns no1hing. Do yo u sec wh at I mean? \\' need to
bring some of 1hat informa tio n down o n a sma ll er scale . I do n·1 /~no w. We arc a full service c ity. we
providecvcrythi ng ... wa 1er .. ,.:wc r. stree ts. police, fire. bui lding r rm11 s. Bui. anyway. m y corn:crn is that I
do n't wan! us 10 wait unt il the clc\·cnth ho ur o n any of lhi s. I Wl'uld li ke thi s Cou nci l to pu t it in their
heads. 1hat on Jul y 21". we are maki ng a dcci,;ion on th e occ upational privilege lax. o ne wa) or the othe r.
do not think it is my job as a n elected r~pre s1.:n1ative 10 make deci sio ns thc11 would ,to p so mebody from
vo icing ,he ir o pinio n o n the ba\101. \nd that 1s whe1c I'm coming fro m o n that issue, she said.
Council Member Yurc hi ck said bul it doesn't give e ver ybody a chan ce to vo ice their opin io n.
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Englewood Cit y Co un cil
July 7, 2003
Page 17
Ma yor Brad!'!haw s:11d do we den y o ur re sid e n1 s a chance 10 find a n ahcrna 1ivc fo rm o f revenue? If we
work o n it as a commillcc in re asonableness . I do n't think so.
Coun c il Member Moore said if we put it on the ball ot is it a recomme nd ati o n fr om Council 10 pass the
meas ure or arc we just sa yi ng we arc not 1cll ing yo u whi c h way 10 go. but here is the ball ot questio n?
M ayo r Bradshaw said it is a bal lot questio n ... but we can sa y. here is hO\\' Englewood wi ll look if thi s
docs n ·1 pass .
Counci l Member Moore sai d staff does n't la ke positions. but Co unlil docs. Ma yor Braashaw said th at is
right a nd we set po licy.
Counci l Member Moore said I 1akc it . if we unanimously put thi s o n the ball ot. 10 me that is a sta le ment to
o ur citize ns. that we are asking them 10 approve thi s.
Mayor Bradshaw said we will have a picture of what wi ll happe n if we. don't in crease revenues.
14. City Allorncy 's Report
City Att orney Brotzma n did not have any maners to bring before Counc il.
15. Adjournment
DSHA W MOVED TO ADJOURN . The mee 1i ng adjourn ed al 8:50 p.m .
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