HomeMy WebLinkAbout2003-07-21 (Regular) Meeting Minutes•
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I. Call lo Order
ENGLEWOOD CITY COUNCIL
EN GLEWOO D, ARAPAHOE COUNTY , COLORADO
Regular Session
July 21 , 2003
The regu lar meeting of the Englewood City Co uncil was called to order by Mayor Brad shaw at 7:33 p.m.
2. In voca tion
The invocatio n was given by Cou ncil Me mber Nabh olz.
3. Pledge of AUeglance
The Pledge of Allegiance was led by Mayor Bradshaw .
4. Roll Call
Present:
Absent:
A quorum was prese nt.
Also present:
5. Minutes
Co unci l Members Nabholz, Moo re , Grazulis, Garrett, Wolosy n,
Yurchick, Brads haw
None
City Manager Sears
City Attorney Brotzman
Assista nt City Manager Aahcny
City Clerk Ellis
Fire Di visio n Chief Lockwood
Director Gryglc wicz , Finance and Administrative Services
Director Kahm. Capital Projects
Di rector Fonda, Utilities
Senior Manager DanncmiUer, Comm un ity Develop ment
Director Ea ton. Human Resources
Senior Planner Lango n, Community Development
Director Black, Parks and Recreation
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 7, 2003.
Mayo r Brad shaw ask ed if there were any corrections or additions . There were none.
Vote res ults:
Ayes: Co unci l Members Nabholz, Moo re, Garrett , Wol osyn.
Ywchick , Grazulis , Bradshaw
Nays: None
Motio n carried .
6 . Scheduled Visitors
(a) Ali ce Corns sa id I have so me information I wo uld like to give Council regardi ng the
Plans . First of all , I am here regarding the So uth Platte River Ope n Space Plan . I represent Radcliff
Englewood City Co uncil
July 2 1, 2003
P11ge 2
Pn 1pertic s. Radc liff South ea st Propertie s. Hornet En1crpnses, 2150 Rad cliff Proper1ics and Co lornJo Au 10
:ind Part s. I than k yo u fo r thi s opporlun ity to speak . l will be the fir s! 10 :idmi1 thal I am 110 1 a pub li c
spc:1kcr. so I ha ve wrillen what I ha ve to say 10 yn u. so tha t I make sure I don't mi ss anyth ing . rm grcu tl y
co ncerned abou r th e Eng lewood Sou th Pla tt e River Ope n Spac e Plan th at is up fo r poss ib le ad op1i on
tonig ht. hould th e Co unci l approve thi s Plan. thinking th at th e Englewood Plannin g Co mmi ssio n has
already li s1cncd 10 the public. included 1he publ ic and ma de a ra ti onal deci sion fo r approv al, yo u arc
co mplet ely wro ng. I hope each of yo u ha ve rend 1hi s Plan in it !-entiret y. I have made co pie s of the
rnimu cs of the February 25 th heari ng, th e minu1 es of the "P ublit.: Hea rin g" on May 20111 an d I also at1 ad1 cd a
copy of the agenda for th e Ma y 20th hearin g. as we ll as copie s of a lc11er I wrot e to eac h of you. I wa nt 10
make sure that yo u are co mpl etely in forme d, and I don't know how mu ch yo u have re ad or learn ed about
this Pl an. Hopeful ly. she sa id. your Slaff has already made copies fo r yo u. but I am no! sure . Eve n
informati on wi1hi11 the Plan is in correct. but no one ca res . Origin ol!y the. Ph•~ 1va s about 1he So uth Pl aue
River Rec rea ti on l.v-:i••t ifi cation, tr ai ls. etc ., or so eve ryone thoug ht. Somewhe re ii changt:d fro m its
orig inal visio n, she said, and th e co mplexity of1h ese changes have neve r been co mmuni ca ted to those it
affected. J • is now, alm ost co mpletel y. abo ut redevelo pment Your staff co ntinuall y mi sled yo ur Plannin g
Com missi on, as we ll as, landowners and bu sinesses. Ms. Co rn s sta ted that whe n the direction of the Pl:m
changed, the 1;11e shoul d ha ve been cha nged 10: Englewood's Opportunity To Take Additi onal land and
Con trol of th e Ci 1y of Sheridan and Arapahoe Cou nty . The stro ng arm of yo ur gove rnment has more than
beg un again , as a very small porti on of this Plan ha s to do with the ri ver and abo ut two third s of thi s Plan's
area isn't even within th e Englewood city limits . I have been told thal SCl l"'e of you beli eve Engl ewood's
intimi da ti on ta c1ics occ urred a long tim e ago. The y did. but they are still ongoi ng . Cond emn ati on of land.
and taki ng ove r land area outside of Engl ewood. is nothin g new, and th is sc are s all of us. Ju st look at the
Englewood Golf Course. It is comp let ely loca ted outside the Ci ty of Englewood city limit s. and it is
co mpl etely inside the City of Sh e1 · .Ian. The new ba se ball and socc er fields nex t to Centennial Pa rk is on
land co nd emned and taken by Eng le wood, within the Ci ty of Sheridan city limit s. Englewood is in a
finnn cial hardship and you can ·1 be all owed to benefit from a land urea takeover under fal se preten ses . Thi s
is not abo ut ope n space and parks . h is abou t Engl ewood wa ntin g rev enu e and where they . .in ge t it. A
few ye ars ago. a large landow ner along Union Avenue, wi thin Sheridan , co nsid ·.-red de•·elopin g hi s
property . He needed utilitie s and was abl e to ge t sewe r. He need ed to brin g in wau::r and righl along hi s
prope rt y at Unio n, is Eng lewood's waler lin e. He was n't wit hin Englew ood. thu s yo u wo ul d ha ve nolh ing
10 do with him . In February 2003 at an Englewood Pl ann ing Commi ss ion Public Hearing on th is Plan ,
everyo ne who signed in was o pposed to the Pl an, and no one spoke in fa vo r of the Plan. !1 di dn't mat ter ,
she said, yo ur Plannin g Co mmi ssion didn 't hear or they didn 'I want to li sten . I ha ve enclose d th ose
minut es fo r yo u. In May of 2003. at a suppo .. ab le co ntinu atio n of 1he February 2003 hea ring ... I say
supposabl e. beca use members of th e Pl anni ng Commis sion. City of Sherid an Co uncil members and Ma yor ,
l:indowncrs and busi ness ow ners. understood, accordin g to yo ur staff s pu bli ca1ion of 1he age nda. th a1 ii
was a Public Hearing ... bu t, a1 th is mee tin g, we were to ld it was a typo on th e age nda. Yeah, righl Kell s
Wa ggoner and yo ur Cit y Attorne y made it pcrfcc t!y clear 1hat no one was all owed to spea k. These minut es
arc wi th the cop ies I also gave yo u. All of thi s in for mati on is in lherc. After 1hi s mee ting in Ma y. I was
compe lled to se nd all of yn u ... 1he Plannin g com mi ss ioners, co unci l members -bot h in En glewood and
Sherida n, and 1hi s area's Arapa hoe Co unt y Co mmi ssio ner Susa n Be ckman. a letter . I fe ared th at all the
detail s wo uld no! be open ly shared wi th yo u. I also wro te . an d go t publi shed . an ed it oria l in th e Englewood
Herald so 1trn1 the ci ti 1e ns wo uld know wh at yo u. or at le:1s1 so me of yo u. are up to. I was shoc ked to learn
th at th e members of you r Pla nnin g Com mi ssio n did n't know th at yo u ha d pre viou sly co nd emn ed. And taken
land , o ut side yo ur Cit y. Do all of yo u know th at yo u do lh at? Eve n Arapahoe Co unt y Co mm iss ioner
Su s;m Ileckm an to ld me th at she did n't believe a cit y co uld do 1his oul sidc the ir ci ty. Well . we all kn ow
yo u can and yo u do. A more recen t examp le of Englewood's co ntinued effort s, 10 not work wilh others.
was just Ju ly 8, 2003 . In Sherida n there was ano1hcr so uth east Sherid an landowners' mee tin g 10 try a nd
bring needed u1ili1i :s into our area. Sher idan had made arran ge me nts with John Boc k, of th e Engle wood
Utilitie s. 10 attend . Guess wha t? He didn't show up . I wonder why'! He forgo l, right ? We kn ow abo u1 th e
Arapa hoe Co unt y proposed quarter % sales and use in crea se tax to be on th e November ball ot a nd wha t it
potent iall y means 10 Englewood . The lack of guid elines , regc.rding muni cipalities· use of money , is very
di sturbing , especia ll y when yo u know th e po te ntial impa ct of condemnatio n. It is nm fo rbidd en with 1hi s
tax . Be cause of the pa st hi story wi th Englewood, the mt cnli ons of thi s tax. and th e pote nt ial impli ca ti ons
from these fund s. arc ext reme . I wi ll do what I ca n to inform vo ters. :md vo ters do liste n. Wit hin da ys of
1he mec 1in g in May , th e Plannin g Co mmi ssio n vo ted 4-3 IO pass the Plan, Ma yor Bra ds haw sa id )l he
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Englewood City Council
July 21, 2003
Pag r .1
already knew tha t thi s Co uncil would appro ve th is Plan . An Englewood Co un ci l perso n did call me and
co nfirm th at it was predeterm ined to pass. I have been told thal fo ur members of1hi s curre nt Counc il wi ll
not be a pa rt of thi s ne xt Coun cil , so the y are n't worried abo ut th ei r deci sion, or how it mi ght effect th ei r
re-elec ti on . No one is li s1en ing . You have sa id 1h01 Sheridan's gove rnment says it can't happen wit hin
Sheridan. wit hout Sheri da n's Pla nnin g Commi ss ion's approval and th ei r Co un cil approva l. Mos t of us, if
no t all of us, don't tru st Engle wood in what th ey say and what they do, for obvious reasons. Why are yo u
planning so much outsi de yo ur City, if you can 'I di ctate 10 Sheridan ? There is more be hind Englewood's
mo ti ves forthis Plan. It is nm about the ri ver or even ro r the benefit of the ri ve r. Sheridan is a small ci ty,
and changes of offici11 ls. as we ll as slaff. happens frequ entl y, as yo u kn ow. And po ss ibl y. some day you
will slid e th is by them . I don'! know th at all of yo u would . or could de this , but why give someone that
chance? S1op intimidating. You can stan hy just dealing with ar.d within your City's boundaries. I hope
this eve nin g, members of your Plannin g Comm iss ion are here ·,r maybe they have talked with you in
private abou t what happe ned with th is Pl an and how the y too, were mi si nfo rm ed by your staff, along wi th
oth er munic :palil ies and land owners. I'd lik e to hear wh al they ha ve to say . Thi s Plan before yo u is not a
vis ion. as Kells Waggo ner an d many may insist. Visi ons s1a11 ... 1hey are pul on papcr ... and they become
the way it is. This is a very bad plan and it was put toge th er in a nol so honest fa shi on. It did not inv olve
just the river end should neve r have been maue to loo k lik e that. If you haven 't reviewed it in its ent irety.
th e Plan itself anJ th e information I gave you toni ght, you don't know th e story. You need to be informed
and too mu ch information is not a problem, but no t all of th e information bei ng shown is a mistake. I
re spec tfull y as k that yo u do not appro ve th e South Pl atte Ri ver Open Space Pinn and do the ri ght thint:: Jnd
be invo lved , and in formed , on how it go t thi s far . Thank yo u, she said .
Mayor Bradshaw th ank ed Ms. Corns .
(b) Jame s Johnson was sc hedu led 10 addre ss Cit y Council. He was not present.
Mayor Brn dshaw sa id Safety Services Divi sion Chief I Jckwood is talkin g to us thi s evening abo ut the
upco ming :?T D Di saste r Drill.
(c) Safely Ser vice s Di vi sion Chief Kieth Loc kwood said I am here toni ght to invite yo u to a
di saster, whi ch is something I am sure yo u all loo k fo rwa rd to. Safety Ser vices, in co njuncti on wi t~ RTD,
ha ve go nen together as pan of the Home land Securi ty and we are goi ng to be doing a disasler drill . It is
scheduled for Augusl 2nd , which is a week from Saturday. at !he Gan Spans area, where the y have two
bu ildings and a parh.i ng area . II is ~?Oi ng 10 be a multipl e age ncy drill. invol ving what we call a diny bomb
or weapons of mass destruc1 ion . Thi s is part of Home land Security and it is intended 10 test severa l
different systems. It is not just to go in and see if we know what we ca n do. There are al so a lot of
com mu nicati on sys tem s wit hin the area hos pital s. wit hin RTD. with in the internal part of the Ci ty of
Englewood , as we ll as wi th th e other :ige ncies th at will be interac ting . There is go ing to be a VIP are a set
up, in there cl ose enough where yo u can see fir st hand what is goi ng on. It is a restricted area , so if you
have any intenti on of co ming in, eve n if it is for a shon pe riod of time, 1 need you to RS VP 10 the Cit y
Mana ge r's Offi ce and ii will be forw arded to me . I will make sure th at yo u have the clearance to ge t in to
see what yo u need to see . It is a drill . il's not for rea l. He as ked if th ere we re any que sti ons.
Mayo r Brad sha w asked 1fthi s is in respo nse to the 1rain dera ilment that we had . Docs it have ,myth ng to
do wi th that ?
Chie f Lockwood re sponded th at th e onl y relatio nshi p vi1h that, is th at I made the connec ti on wi th RTD
following the dera ilment, to try to answer so me qu es ti ons, and what have you . And 1he timing just
happened to be right. They were looki ng for so meone to host a drill in the so uth co rr idor area . So, he sa id,
to answer yo ur qu es tio n. no it is not, ii is stric tl y just inv olve ment of the Ii i ',t rai l.
Ma yo r Brad shaw asked if there were oth er qu est ions for Mr . Loc kwood . Th ere we re non e.
Englewood City Council
July 21. 2003
Page.a
(d) Ti m Sull iva n said I lhe al 2020 \\'c~l Wesley Aven ue. in O1!-!lncl I . I wnuld li ke to
add re ss Co un cil th is C\'C ning co m.:crn in g th e prn pm,c d occ up ati o nal pr iv ilege lax . I do not :,,t:md hen:
1oni gh1 t:i ih cr ror or opposed to th is i~~uc, but ra lh cr :1s :1 rn11cc rncd ci1izc n. T!;i , iss ue is nnc 10 be decided
by a vo te or th e pe ople. he said. rat her tha n busi ness ~peda l m1c rcM ur a lc~is lati ve branc h ur ou r
govc rnm c nl. I wo uld like to res pcc trul\y requ es l th at I be al\o,\cd to prese nt pe tit io ns to the Co un cil signed
by yo ur co ns1i1uen1 s, \\ hic h clea rl y slat e~ our desire. a!I 1hc cit izr ns of 1he Cit y or Eng lewood. 10 have yo u
bring th is issue 10 a vme of th ~ pcr ple. In 1hi s li me of budge t cnsis. we stro ngly foc i 1ha1 if se rvice l'Ul s arc
necess ar y, we 1hc peop le, thro vg :, ou1 .:l'ns1itu ti onal :HJc! ri1y rharlcr right s. have 10 vo te on 1hi s issue . In
I hi s n:spccl. the bu rden wo ul d fa ll ., us , the peo ple . , mhc r th a11 on bus iness or th e Co.i nc ii. Thi s pc 1i1 io n
also incl ude s, in 1he c ·:c n1 ii should pnss. our de sire tha 1 Co unci l revisi t th is iss ue , when the Tro ll ey Sq uare
bond s pay off or the Ci ty 's financial co nditi on imp rov es. I would re ques t pe rmi ss ion to app roac h the dai s
with !h e ;e pe titi ons, whi ch are th e fi rs t. of what I fee l ,,,ry c.o nfid entl y, will be more pe titi ons. befo re the
fin al decision is made.
Mayor Brad shaw asked Mr . Sulli van to present th e p,· .111ons :o 1he Cit y Clerk. Sh-: th an~c Mr. Sulli va n.
Mr . Sulli van sa id thank yo u, I appre ciate )O ur time .
7. Unscheduled Visitors
(a) Al exa ndra Habenich t. 5 15 \ est T ufts Ave nue . said th ank yo u fo r the oppo rtunit y to
add ress Counci! on this mancr of vital co nce rn , I've be en fo ll owing th e issue of pullin g a he ad ia x on the
ball ot. to addres s budget shortfall s and the slu ggi sh eco nomy , as it rela1e s to the operati on of th e Cit y and
it s servi ces. While I had so me rese rva ti ons in th e beg in ni ng abo ul a head 1ax , as I ha ve become more
info rmed abo ut it , I have beco me increas in gly suppo rl ivc and impressed by Coun cil's intent io n m move
ahr.-:id with !his as n balk1• iss ue. Speci fi ca ll y. I am impress ed by: (I) the sen siti vit y City Co uricil is
showi ng to lowe r inco me wag e ea rners by exe mp tin g them fr om th e tax. (2 ) the know ledge Ci ty Council
has shared in lea rnin g th at neigh borin g ci tie s, and tha!'s plural. have head t 1xes. a nd (3) mos t recentl y
hearing of Cit y Co unci l's re sponsive ness 10 members or th e bu siness co mnt unit y. by co nsiderin g lowerin g
th e request from $5.00 to a fi gure cl ose r to $3 .00 . in an effort to be more in keep in g with the tax ing !e ve : in
nei ghboring co mmun i1ies, and (4) !he sev erit y of the imm ediate bud get si1u ati on. And so. she said . ( come
10 yo u tocla y and urge yo ur considerati on or lowerin g th e sugg ested tax fr om $5.C)O 10 an amounl more in
ali gnm e nt with our mun ic ipal neigh bors. Also. since th e business co mmun ity has ra ised conce rn s about !h e
ex tra boo kkeepin g th is tax co uld ent ai l. I would li ke 10 ur ge Co uncil's ass urance IO keep th e rorm . and
mecha ni sm, for collecti on, bri ef and strai ght fo rward. Perh aps, even lim ilin g co\lccli on 10 eve ry six month s,
espe cia ll y ror smaller bu sinesses. so th at co mpli ance need not be cum be rso me . And , beca use I be lieve 1hn1
the exi-.nt of the bud get conce rn s is rcl a1i ve ly short li ved. since our loca l eco nomi c gro wth 1hro ugh
red c vc to pme n1 is mov ing fo rwa rd. I IA'Ould urge Co un cil to co nsider pl aci ng a sun set , of frn m three 10 fi ve
yea:-... 'J" th is tax . It is import a nt . I be li eve. lo remember th at in Englewood. even with an increa:,e, our
bu sinesses pay mu ch lowe r wal er rat es than they do in th eir home ci ties. or other citie s. And the ser vices
Englewood pro vid es arc ex cepti ona l and bu sin ess fri end ly. Our Cit y's eco nomi c de 1·~lopm cnt pro grams
and ex penditures have go ne :i long way towa rd ma kin g and kee ping Englewood an a1 trac 1i ve Cit y fo r
busin esses and the ir c ustome rs. with linle or no add itio nal cost to our bu sin esses . It rea ll y see ms
app ro priate for the bu sin ess co mmuni1 y 10 be called upon 10 mi1i ga tc th eir use of ser vices, wi th !h e
signi fica nt daytime increase of po pulnti on. thro ugh this rel ative ly low tax. es pecia ll y viewed in th e co n1 ex t
uf o ur lowe r wa ter rates. Since it is our resi dent citize ns who support our wo nd erfu l bu sinesses, not onl y
with our patrona ge. but also with our vo tes, fo r 1h c hi gh le vel of q~ali ty ser\•iccs ne cess ar y 10 support a
vibrant busine ss commu nit y. Cullin g services and program s l'an onl y harm uur ci ti ze ns and our CL -.mo my.
and our bus inesses, Wi1h the impro ve ment s co nt inu ing at Cind erell a Ci 1y ... Ci1y Center
Englewood ... alon g Bro.id wa y and el sewhere in 1h c City, our loc al eco nomy will co minu e 10 improve . Ifs
lime fo r bu sine sses a nd ci ti ze ns 10 be sup po rtive . And I. fo r one. am sup po rtive or the Lit y or Englewood,
it s re sid ent s :in d it s busi nesses, And . membe rs or th e Cny Co unci l, I am suppo rti ve of yo u. our ve ry
responsive and respo nsib le Ci1 y Co uncil. I suppon and enco ura ge yo u 10 move forward with thi s
occ upa ti onal priv ile ge ta x. pull ing it on 1he ba \1 01. gi\•in g our ci1i ze ns an o ppu r1 u11i ty In make th emselves
known and hea rd . and sup po rti ve agai n. of our grea t City ur Englewood , Th a nk yo u. she snid.
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Englewo od City Council
July 2 1, 2003
Page 5
Ma yor Brad shaw th anked Ms. Habeni cht.
(b) Anita Hali ck, 782 East Am herst Pla ce , sa id I ha ve be,.n a res ident at Bate s Loga n
ne ighborh ood for four yea rs now. La st yea r when !h e dog-o ff-lea sh program started, a number of the
neigh bors had ca ll ed in and voiced th ei r concerns. Unfon unate ly, our co ncerns have onl y grow n with in the
las t year and that is why we are here tonig ht. We, as membe rs of th e co mmun ity, arc askin g yo u 10 vo te fo r
a win-win so lution. We do not kn ow how other parks are fari ng wi th thi s program, but the Ba1 cs Logan
Park is no longe r a pnrk fo r people and fo r dogs . After speaking wit h my neig hbo rs, I was amazed becau se
I had a 98 % fav orable vote to mo,1c th e dog-off-leas h program fr om thi s par k to two other ahern atc site s,
whic h are ve ry cl ose to th is neigh borh ood. The first one was at Clark son and Am herst Ave nue, whic h is an
ope n green spa ce, and the other one is ove r at Bates and Emerso n, wh ich is also an open gree n space. We
find thi s a wi n-win so luti on, becau se th ose two gree n spaces are not used heav il y by people and it is sti ll
large eno ugh fo r dogs to be ab le 10 run freel y. without peop le being as ked to cons ta ntl y cu rb th eir dogs.
What I have fo und over th e weeke nd, speaki ng wit h the peop le at the park and also in our neighbo rh ood , is
tha1 1he dog owners are becomi ng increasing frustrated , because they are bei ng asked t:J curb th r.ir dogs all
the time , bec ause th e Bates Logan Park is such a heavily used park by children and famili es. What I'm
findin g out . from the familie s, is th at they are no longe r going to the park . as they are afraid 10 let their
chi ldren pl ay th ere, beca use so man y or th e dogs arc at the sa me eye le vel as the children, and the chi ldren
arc afraid to go now. I can attest th at my so n has come home many li mes crying , beca use he has been
chased by dogs and doesn't know what to do. The other thing that I fou nd int eresting , is th at the seniors no
longe r go there . We ha ve a heavy se ni or pop ul ati on in thi s neigh bo rh ood and th ey ha ve told me that when
the y go fo r their morning wa lks fo r exe rci se, th ey ha ve been knocked down by the dogs. So, she sa id, we
are aski ng you to consid er moving thi s to one 1Jf the other two loca ti ons in our nei ghborh ood. The
co mmunit y felt so stro ngly th at thi s weekend th ey were willing to sign a petition, whi ch I wo uld like to
give to yo u. They ha ve as ked me to return the park back to a place where people and dogs can co habita te .
And they want to know why ,~is \l'as never brough1 up for a vote and why thi s was impo se d upon them.
Thank yo u. she said .
Ma yor Brads haw th an ked Ms. Hali ck.
(c) Mall Sc hutte sai d I am a resi deni at 5045 South Hawth orne Street, in the southwes t
sec tion or Englewood I ha ve addressed yo u befo re , in the two public meeti ngs that we havc-. had on the
head tax issue and 1 am just here 10 rei terate two or my poi nt s, th at I wo uld rea ll y lik e to be con!=idered on
thi s. As a residen t, I am again st the head tax and , as ,In employt:e, J am al so against the head tax . Two
mai n rea so ns I am agai nst it, is th at ii hu ns small bu sil ,esses a nd th e lowest paid empl oyees in Englewood ,
th e most. And, I think that is so methi ng we should co nsider . The seco nd one , is that it does not sta bili ze
the iax ba se fo r the Ci ty of Eng lewood, but ii actuall } makes it more dependent on th e bu sines ses and wha t
the busine ss es generate. As or now , somewhere betwee n 63 % and 66 % of th e Cit y's revenues come fr om
the sa le s tax that 's generated by the bu sine sses within th e Cit y. Head tax will aJ d anoth er 7 %, whi ch
co uld brin g th e 101al revenues 1ha1 the Cit y reli es upon the busi nesses to generate . up to 70 % of th ei r
revenues . The refore, if yo u pass 1he head 1a1 , it doesn 't slabilizc, but des1ab ilize s the iax base beca use :1
mak es it more dependent upon ~us in esses . If th e sa le ~ ta x re ve nues fall more, most lik ely the emp loyee
num bers will fall . Therefore , yo •J wi ll lose more m1 _,ney oul of ~o ur reve nu e base, and poss ibl y pro vide a
bigger dilemm a in the futur e. Tt-ere rore . I would just encourage yo u not to put the head tax iss ue on the
ball ot. Thank yo u for yo ur time , he said .
Mayo r Bradshaw thank ed Mr. Sc hu tte .
(d) Mary Caner said I am the Mayor of the City of She ridan and my address is 31 95 So uth
Clay Street in Sheridan . Tonight yo u have on your age nd a, approva l of the South Platte River Open Spa ce
Plan . Th e Ci ty of Sheridnn pa rticipated in preparatio n of thi s Plan fo r several months and agrees
wh olehearted ly wi th any a J all efforts 10 prese rve and pro 1ect th e River Corr idor. Howeve r, our Cit y has
moved in severa l new direction s sin ce final preparatio n of thi s Plan took place . As I advised your Planning
Com mi ss ion, prior to the approval of the Pl an, th e City of Sherida n ha s obtait,ed a gra nt fo r preparati on of a
new Co mprehens ive Plan fo r th e cit y updating the old 1986 Plan . The update is on sc hed ul e and 1hc resu lt s
will be ava il able in mid .Janua ry 2004 . In th e mea ntime. a peti tion fr m 1 seve ral citizens of Sheridan was
Englewood Clly Council
July 21 , 2003
Pag• 6
recei ved by Ci ty Cou ncil aski ng for the creati on or an Urb an Renewa l Authorit y to cl eanup an an:a -1 f our
cit y and to a~.rnct commercia l rciail de vel opment to th at area . In re spo nse to th at pcl i!ion. Cit y Co:1;;c1I
auth orized th e prr para1ion of a Bli ght Stud y. which has been complet ed and re vie wed by City Co u·.1ci!
Bli ght w:is found in the are a and a Publi c Hea rin g on the find ings of blight and formation of an Urb im
Rene wa l Auth orit y will occur thi s Wednes da y, Jul y 23 rd • The are a enco mpasse d by th e Blig ht Stud y.
which is 10 be the area of the Urb:m Renewa l Aut hority , run s fr om Santa Fe wc sl to 1he river and Oxford
north lo l·fompden . We rec ogni ze tha1 thi s area is a large pan of the Sou th Platte River Open Span: Plal'.
The Open Spac e Plan hn s alwa ys btcn pre sen ted as a vis ion. The City of Sheridan expec ts to use th is
vision in i1s plan s, but re se rve s the right , :;pea king on be half of its ci tize ns, to make changes in th at vision .
Economic devel opme nt is an important fa ctor in urban livi ng, a nd is mu ch needed in the City of Sher idan.
We feel thal cleaning up thi s area of our Cit y. and introducing a co mmercia l retai l devel opm en t, wi ll givt·
the City or Sheridan the finan cial stability it need s to pro vide its citizen s with lhc amenities the y dese rve.
If an y of yo u wo uld lik e funher informati on regardin g any of 1hesc mau ers. please do 00 1 hesi tate 10
co ntact me or o ur City Manager Jim Sidcbo uom. Thank yo u. she said .
Ma yo r Brad shaw sa id thanked Ms . Carter.
(c) Kelly Fl ynn said thank yo u very much for hearing whal we have to say. I li ve at 2 109
South Clark so n S1ree1 , in Englewood. Fi rst I would like to start off by ment io ning how much I appreciate
the improvement s tha.1 have been ma.de in the area and how much my family and I uti lize every bit of it.
So , thank you. numbe r one. for that. Number two . I am al so concerned about th.! off-leash progra m at
Bates Logan. I've lived here for fi ve yea.rs and spent numer ous hours there . I, at fir st, thought it was kind
of a culc litt le doggie playgroup. but it ha s become a health and sa fety issue for me r,ersonally as well . I
would like to al so say that I do think that giving the dogs a pla ce to play is a wonderful thing for our
co mmunit y. HC'we ver. I don't think it is workin g in thi s pan ic ular area, due to the pl a)gro und and the
children , as "ell as the fecal iss ue and the safety and health matters . I am :i.11 for mov ing it so mewhere
nearby , or ma ybe c urbing it to a ce nain ho ur of the day. Maybe certai n hours in !he morning and certain
hours in the eve ning where dogs wo uld be all owed to be off-leas h. Thank you for yo ur lime ~nd ha ve a
p!, ot day , she sa id .
Mayor f\•:u.J shaw 1hankcd Ms. Flynn .
8. Cf'l mnmnlctstions , Proclamations and Appoin tmen ts
(a) A proc lam ati on decl aring Tue sday, Aug ust 5, 2003 As Nati onal Nighl Out was
co nsi dered .
COUNC IL MEMBER NABHOLZ MOVED, AND IT \\'AS SECONDED, TO DECLARE
TUESDAY , AUGUST 5, 1003 AS NATIONAL NIGHT OUT .
~',l1 1ion carried.
Aye s: Co un cil Members Na bholz . Moo re . Ga rrell , Wolosyn,
Yurchi ck. Grazu lis. Brad sha w
Nays: None
Ma yo r Brad shaw pre se nt ed the proc lama ti on to Crime Prevemi on Offi cer Nancy Peterson.
Mayor Bradsha ,., thanked Officer Peterso n. She sa id for th ose of yo u in th e audience , wh o do,, t know th is
woman, sh e is incredil:ile . She is the life for ce o! our National Night Out I-l ow man y tJ loc ks do we have
involved '! Officer Peterson respo nded that we should ha ve close to 300. Ma yor Brad shaw said 300 blocks
in our co mmunit y partici na 1e in our Nati onal Ni gh! Out and a lot of th e: crcdi1 goes to Nan cy, because she
so rt of hound s the bl oc k ca plain s and never let r . We alw ays have to be answe rin g to her . But, it is
we ll worth it. Thank yo u Nanq. so much. she .
Offi cer Pc1cr so n said thank you .
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Englewood City Co uncil
July 21, 2003
Pag<7
Orticer Peterso n so.id I have something th at I wo uld li ke to pa ss on 10 Coun ci l. Sh e sai d it is informati on on
a benefit golf toum11mcnt for Brian Mu ell er, which I th ought yo u mi ght be interest ed in ... l() be po.rt of th at.
(b) A proc lamati on reappoi ntin g James Goodrich 10 th e Englewood Code Enforceme nt
Ad visory Comm iuec was considered.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED , TO REAPPOINT JAMES
GOO DRICH TO THE ENGLEWOOD CODE ENFORCEMENT ADV ISO RY COMMITTEE.
RES OL UTION NO . 69, SERIES OF 2003
A RESOLUTION REAPPOINT ING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY
COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO.
Vote results:
Motion carri ed.
Aye s: Council Members Nabh olz, Moc , ·. Garrett , Wolos yn,
Yurchick, Graz ulis. Bradshaw
Na ys: None
Mayor Bradsha w thank eJ Mr . Goodrich for vo lunteering again . She prese nted him wi th a certificate and
City pi n.
9. Public Hearing
• No public hearing was sc heduled before Council.
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10. Conse nt Agenda
(a) Approval of Ordinan ce s on Fi rs t Reading
There were no additional items submined fo r nprm val on fir st reading . (See Agenda Item 11 -Regu lar
Agenda .)
COUNC IL MEMBER GARRETT MOVED, ,\ND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS .O (b) (I) AND IO (c) (I) and (II).
(b) Approv al of Ordinan ces on Second Readin g
(i) ORDINANCE NO . 48 , SERIES OF 2003 (COUNCIL BILL NO . 46 ,
INTR ODUCED BY COUN CIL MEMB ER GARRETT )
AN ORD INAN CE APPRO VING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
BOARD OF COMM ISSIONERS OF ARAP AHOE COU NTY, COLORADO . BY AND THR OU GJ-1 THE
t .i(APAI-ICE COUNTY CLERK AND RECORDER . AND THE Cl rY OF EN GLEWOOD,
COLORADO, TO CONDUCT A COORDINAT ED MAJl.. BALLOT ELECTION ON NOVEMBER 4,
2003 .
(c) R,;solut1uns and Moli ons
(i) RESOLUTION NO . 70. SE RIES OF 2C>J 3
A RESOLUTION APPROVING TH E PROPOSED CI-IANGES AND AD DITION S TO PREVIOUSLY
APPROVED DEVELOPME NT REVI EW APPLI CATION FEE SCHED ULE.
Englewood City Council
July 21, 2003
Pa ge 8
(ii ) PURC HASE OF A PLANT OPERATI ONS DATA SYSTE M. AWARD ING
CO NTRACTS TO OSlso fl (A S THE 1-II STOR IAN) IN THE AMOUNT OF $96,33 1.00, AN D OPS
SYSTEMS (FOR THE RE PORT ING TOOL) IN Tl-IE AMOUNT OF $44.450.00. FOR A TOTAL
SYSTEM COST OF $140 ,78 1.00.
Mayor Brads haw asked if there weic any co mm en ts or questio ns. There were none.
Mayo r Brad sha w as ked if anyo ne wa nted 10 pull an i1 em off of th e Co nse nt Agenda. No one did .
Vote results :
Motion carried .
Ayes: Council Membe rs Nabholz, Moore, Garren , Wolosyn,
Yurchi ck, Grazuli s, Bradshaw
Na ys: No ne
11. Regular Agenda
(a) App rova l of Ordin ances on First
(i) Director Gry glcw icz pre se nted a reco n:mendati on fr om the Department of
Finance and Admini strativ e Services, Cit y Clerk 's Offi ce, to adopt J bill for an ordinance submitting to the
regis tered electors of the City of Englewood a questi on on th e Nove mbe r 4, 2003 ball ot regarding
public ati on or Cit y ordinances . He said this bill for an ordin ance . if passed. pl aces a Charter questi on on
ball ot as king voters to make changes to Sec tio n 40 of th e Ci ty Chaner. Thi s change would all ow Coun cil
the opt io n of either publi shin g bill s fo r ord inances in full, or by r..:ference, and hopefull y co uld sa ve the
Cit y so me fund s.
Mayo r Bradshaw said the full bill wo uld be avai lable i!' ~Cle. !ibrary and other pl aces. Thi s is just to slop us
from publi shin g ii in the news pape r. An y que sti ons?
Co unci l Member Wolosy~ said I think we shoul d add that it does n't mea n we will never publ is h a bill. It
will give us th e opti on to make a decisio n. Mayor Bradshaw sai d we wo uld have th e opti on 10 publi sh it.
City Clerk Elli s said we wo uld co,tinue to publi sh by titl e, on seco nd rea ding, as we do now. But thi s
wo ul d give us th e di sc ret ion. as 10 whe ther we wo uld pu bli sh th e ordi nance, on fir st rea din g, by titl e or in
full . If we have so met hin g of si gn ifi ca nt size. pa rti cul arl y attac hment s, we wo uld be loo kin g at th at. We
are not lookin g to do away with publi cations, in th e He rald . entirel y.
COUNCIL MEMBER GRAZULIS MOV ED, AND IT WA S SECONDED , TO APPROVE AGENDA
IT EM 11 (a) (i) -COUNCIL BILL NO 34 .
COUNC IL BIL L NO . 34, INTR ODUCE D BY COUNC IL ME MBER GRAZU LI S
A B[LL FOR AN ORD INANCE SU BMITTI NG TO A VOTE OF TH E REG ISTE RED ELECTORS OF
THE CITY OF ENGLE WOO D AT Tl-IE NEXT SC HEDULED MUN ICIPAL ELECT ION A PRO.POSED
AME NDMENT TO AR TI CLE V, SECT ION 40, OF THE ENG LEWOOD HOME RU LE CI-I AR ffR.
Vole res ults:
Moti on ca rried.
Ay rs:
Nays :
Counci l W l.:m~rs Nabh olz, Moo re, Garre tt, Wolosyn,
Yurchi c~, Grazuli s, Bradshaw
No ne
(ii ) Direc tor Gryg lew icz presen ted a recomm endatio n fr om the Depar tmen1 of
Fin ance and Ad mini stra ti ve Services, to adop 1 J bill fo r rn ordin ance subminin g to lh e registered clcc 1ors
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Englewood Cary Council
July 21, 2003
Pog • 9
of the Ci 1y of Englewood a que sti on on the Nove mber 4. 2003 bull ot elimin at ing ouldah'd la 1guage in 1he
City Charter regarding Surplu s and Defi ciency Funds. He said if thi s pass es. it will pla ce a ,.~hartcr
que sti on on the ball ot th at asks voter s to eliminate obso lete langua ge in Seel ion I 09 of th e Ci 1y Charter.
Thi s language was put in pla ce when the Cit y had a number of specia l pa\1ing :ind ot her j1 s1ric ts.
Currentl y. the Cit y has one and thi s is obso lete language th at can be elimina ted .
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE ~GENDA
ITEM 11 (o) (Ii) -COUNCIL IIILL NO. 35 .
COUNC IL BILL NO . 35. INTRODUCED BY COUNC IL MEMBER GRAZULIS
A BILL FOR AN ORDll'<ANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECT IO .~ A PROPOSED
REPEAL OF ARTICLE X (FINANCE ADMINISTRATION). PART III (BONDED IND EBTEDNESS).
SECTION 109 (S PECIAL OR LOCAL IMPROVEM ENT DISTRICT BO~DS; GENERAL BENEFITS;
SPECIAL FUND). OF THE ENGLEWOOD HOME RULE CHARTER.
Council Member Wol os yn said I ha ve a rh etorical ques1ion. What is to prevent us from never being in a
si tuati on where we have a 101 of specia l di stricts again? And if we did, I guess we could put so mething like
thi s in again.
Director Gryglewicz said ynu co uld put it in again, but what thi s does is. it takes a ce rt ain proportion of the
outs tanding bonds and holds them i1 1 this specia l fund ... ifthosc fund s are avai lable ... just for the in surance
of paying the bonds . In general, ii reall y isn't needed. I think it was put in place,jus1 becau se there were
so many done at one time . lt was done whe n the City was doing a IOI of pa ving projec ts and sidewa lk
projects . In the foreseeab le future, we probably won't hnve that again. We have one outsta nding project
right now, which is Paving District No. 38 and that has more than enough outstanding revenue 10 pay off
those bonds. There arc none fo resee n right now. he said .
Ma yor Drad shaw asked if there we re any oth er qu es ti ons . There we re none .
Vote results:
Mori on carried .
du e 10 a conflict.
Aye s; Co uncil Members Nabho lz. Moo re, Garrell, Wo losy n,
Yurch ic k. Grazu lis, Brad shaw
Nays ; None
(iii ) Coun cil Member Garrett said he wo uld nol be par1icipating in thi s Agenda hem
Ma yor Brad shaw sai d that Co uncil Member Garrett has rccu sed him se lf fr om par:icipating in thi s. because
of a co nil ict of intere st.
Assistant City Man age r Flah ert y prese nted a rec ommendatio n fr om the Ci ty Manager 's Office to adopt a
bill fa , an ordinan ce submilling to the regis1ercd electors of 1he City of Englewood a qu es tion on the
No vember 4. 2003 ba ll ot regarding an Occ upati onal Privilege Tax . He said I am her..! thi s eve nin g to
present Counci l Bill 48. whic h would pla ce 11 tax initiati ve on the No ve mber ba ll ot to all ow vo ters 10 deci de
on th e implementati on of an occupational pri vi lege tax . As proposed, th e occ upati onal pri vi lege tax would
tax both th e employer and the empl oyee $5 .00 per month .
Ma yo r Brad shaw asked if there were any questi ons.
• Co unci l Member Grazul b as ked how do we change the am ount.
Council Member Wolosyn said I would prefer n01 to mov e it at thi s tim e. I don't know wha t th e resl of the
Council s· ple as ure is. Council Member Nab holz said I seco nd that.
Englewood Cit)' Council
July 21, 2003
Pogr 10
In response 10 Ma yo r B~adshaw , Co uncil M~mbe r Moo re said he agreed.
Mayo r Brad sh3w sa id 1h ti.·lr. Garrell recus ing himself from 1h is, we have 10 have fou r peop le to eve n ge l
ii on the 1ab le ;ind I hear three people say no.
Ci1y Atto rn ey Brot zman sa id th e disc u:-.s io n was abou1 br in ging thi s ba ck as a reso lut io n on Aug ust I 8th .
Mayor Bradshaw sai d yes, Augu st l81h :ind there ca n be. absolut ely, no cha nges after th at poi nt.
Co unci l Member Gr az ulis sai d I wo uld like 10 cha nge th e amount so meh ow. Do we do it at a S1udy
Sessio n?
Ci ty Auorn ey Brotzman said it will ac tu all y be pre se nted 31 th e next Study Sessio n.
Mayor Brnd shaw said ma ybe we sho ul d go ahe ad with the public process. We did ii in the Study Session.
My co ncern was 1ha1 $5.00 was too hi gh ... J proposed $2.50 ... and Co uncil said they did not have enough
inform ati on to go further on this. at th at po int.
But . Co unci l Member Grazuli s sa id . thi s will just move it ahead . Ma yor 9r:tds ha w sai d yo u ca n move it .
I'll seco nd it a nd th ey will vote it down . So Co unci l is as king th at thi s come back as a reso luti on. We wa nt
to look at the Augus t fina ncia l statements. Sec how we arc doin g th en. But, she said, I thin k it was
Counci l's conse nsus that it would be less th an $5.00 . I think that is a fa ir statement. So. we arc nm voti ng
on thi s. We arc going to ha ve it co me back in re so luti on fo rm .
Ci ty Attorney Brotzman sai d th ere are act uall y three more Stud y Sessions pri or to that.
Mayor Brad shaw sa id three more Study Sess ions pr io r to th at, a· that should give us mo,e than adequate
time fo r informalion . Th ank yo u Mr . Flaherty, she said, fo r .-.r yo ur work .
COUNC IL DIRECTED STAFF TO BRING THIS ITEM BACK AS A RESOLUTION ON AUGUST
18, 2003.
(iv) Cit y Att orney Brotzman pre sented a recomme ndat ion fr om the City At1 orne y's
Office tu adopt a bi ll for an ordinance sub mitting to !h e re gistered elec tors of the City of Eng lewood a
ques ti on on the Nove mbe r 4, 2003 ba ll ot regardin g th e co ll ective ba rga inin g impasse proce ss. He sa id .
cu rren 1l y. if one of our un io ns and the City reac h imp asse, the matter goes 10 an arb itra tor . The pro posal
un der the Charter change is to have !he impasse language ac tually go to a vote of the citizcn!l.
Mayor Brad shaw said "doll ar wise" what is th e difft:rence? If we go to imp;1 sse, it cos1s us $14 /)JO.OO . If
we go to thi s. th e money is th e same . Is th al corrc<.·1? I th oughl it was a was h. Allomey Bro tzman mid it
ge nera ll y is.
COUNCIL MEMBER MOOR E MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (Iv ) -COUNC IL RILL NO . 33.
COUNC IL BILL NO . 33. lNTRODU CE D BY COUNC IL MEMBER MOORE
A BILL FOR AN ORD INANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECl"ORS OF
THE CITY OF ENGLEWOOD AT TH E NEXT SCHEDULED MUNICIPAL ELECT ION A PROPOSED
AMENDMENT TO ARTICLE XV. SECTION 137. PART 6. OF THE ENGLEWOOD HOME RULE
CHARTER .
Ma yor Brad!l haw asked if th ere was di sc ussion.
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Englewood City Council
July 21 , 2003
Pug, II
Ma yo r Br :idshaw said we used lo have a Ca reer Service Board. I thin k th a1 comp lica 1cd 1hings , and ye 1, I
fe lt like maybe th e empl oyees fe lt lik e th ey had better due process. We don't have a Career Service Board
now. Therefore , every time we go to an arbitrat or, whal happens is, the arbitrator eith er chooses what the
Cit y hns o ffered o r what the Assoc iati o n has offered. und 1hcrc is no middle of 1hc ro ad . So. we feel th at if
the City and the Assoc iati on can't g1.. together. th e citizens need to vote on ii . and not an arbitra tor. So th at
ex plains it in " nut shell. she sa id .
Vote results:
Moti o n carried.
Ayes: Council Members Moore, Garrett . Wolosyn, Yurc hi ck, Grazuli s,
Br ads haw
Nays: Co un cil Member Nabholz
(v) Direc tor Kahm presen ted a rec ommendati on fr om th e Dc part men l of Publi c
Works 10 ent er inl o a real estate agreeme nt 10 purchase th c.-Herbertso n property at 2800 South Platte River
Drive , He said the Ci1y of Engl ewood has been working wi1h the Hcrbcrtson famil y si nce 1969 on the
lea se o f a pprox imate!. 17.8 acres of la nd nl 2800 Soulh Platte Ri ve r Drive . The propert y was originally
acquired to allow us 10 build a service ccnte r ... a garage operation for the City . Subsequent to th at. we
.vorkcd a shared use agreement with 1he Bi -C it y Plant. For th e pas t sev eral years. abou t half of lhat
property is used by lh e Ser viCenler and half by the Bi -City. The initial le rm of the lea,;e run s out thi s next
yea r. There is an o ption to renew it for anothe r 35 yea rs. But r.s we looked at th e lease, we rea li zed that the
weak r.ess of the lease was that , at the end of the term. the property owne r would ow n all of the
improvement s. So lhc y wo uld own our Se rviCe nter and a big piece of our Bi -C it y Plant I talked to
Council ear lier thi s year. and the y asked me to go ahead and 1ry 10 pul together a purcha se agreemeut with
Her~rtson. a1 thi s po int ir time . An apprai sal va lu ed the land at $2 .3 million . Staff ha s bee n ab le to secu re
n co nt ra ct wi th Mr . Herbcrt son. for $1.265,000 .00, 10 purcha se it nt thi s point in tim e. You hnve in your
packet a copy of the co ntract and if yo u appro ve an ordinance 10 1hat effect this eve nin g. 1hi s propert y couM
~lose as early as Au gus t 28th of this year, he sai d.
Mayor Bradshaw said the Se rviCen1er would be a Ci ty expe nse, bu t a po rt io n of 1he Wa s1ewa1er Treatment
Plant land wo uld be split between th e Ci1y of Englewood and Littl eton. Is that correct?
Director Kahm sa id th at is co rrect. At thi s po int in time, we are suggesting tha l the Cit y pu rchase the
prope rt y. since we have the lea se, out of 1he Genera l Fund . And 1hen the Cit y woul d work wi th th e Cit y of
Littlet on and Bi -Ci ty to negotia te an agree ment as to how they will rei mburse the Ci ty fo r thei r
ex penditure.
Ma yor Brad shaw sai d. so . the Ci ty would not be la ying out all $1.2 milli on?
Direct or Kahm sa id we would ini tiall y. but we wo ul d be re covering so me of tha l ove r the nex t fe w month s.
Cil y Manage r Sears sai d those negotiati ons arc go in g on. Th e reprc sen1a1i ves fr om Liu leton we re
sup po rtive of goi ng ahead w11h ne gotia ti ons and. as Mr . Kahm ha s indi cated. we ar e takin g a
co mpreh en sive look at all th e pie ce!, of the site , 10 parcel ou1 1he bes t way of approac hin g thi s from both
citi es' viewpoint. It is my in tent ion thal we actu all y do co me back. in a rel ati vel y short period of
tim e ... wi thi n the nex t month . hope full y. witli a pn1po!la l f11r th e lli -C i1 y Pl an t lo at·tu al ly acq uire th e
porti on !hill th ey would be re :,po nsible fo r.
Mayor Brad shaw said th at would be a :,e paralc Ente rp rise Fund that wo uld be bu yi ng th at.
Ci ty Ma na ge r ~:ears said it would be th e Di-C it y Enl crprisc F:.md ... it is ac tu all y our Wastewater
Dcpnrtmenl .
COUNCIL MEMBER GJ>.AZULIS MOVE D, AND IT WAS SECOI\DED, T O ,\PPROVE AGENDA
ITEM I I (u) (v) -CO Lle/C IL BILL NO. 50.
Englrwood C il y Council
July 21 , 2003
Pogr 12
COUNC IL BILL NO . 50. lNT RO DUCED BY COU NCIL MEMBER GRAZ ULI S
A BILL FOR AN ORDINANCE AUTHOR IZIN'.,; Tl-IE PURCHASE OF flERllER TSO N I ROPERTY
BY Tl-I E CITY OF ENGLEWOOD . COLOR ADO.
Mayo r Brad shaw asked if th ere was any disc ussio n.
Co unci l Member Moore sai d I just want to co nfirm th nt seco nd •ner , .that th ey wi ll be co rn in~ back fo r
Co unci l's approva l of th e agree ment wit h Bi -Ci ty.
Ci ty Attorney Brotz man said it is a purchase of lnnd, so il will . ab so lu te ly. come bac k to Counci l.
Vote results :
Ayes Cou ncil Memb ers Nabholz , Moo re. Garrett, Wolosyn.
Yurchick, Grazuli s, Bradshaw
Nays: None
(v i) Directo r Fonda prese nted a recommend ati on from the Water and Sewer Board to
adopt a bill for an ord inance approvi ng sewer rate increases for 2004 through 2008. He said they are
recommending Co uncil approve the se sewer rate incrcJ.Ses to cover payments on bo nd s that wou ld be used
for the expansion and a hi gher leve l of treatment at the Wastewater Treatment Plant. We will be sp litting
th e cos t of con struction wi th Littleton and we will each pay about 50%. Our share will be in th e range of
$50 to $60 million . The sewer rate increases ha ve bee n spre ad out over a number of years . In stead of
havi ng a large increase in one year, there wo uld be 15 % eac h year through 2007 and 14% in 2008. The
14% will also all ow the increase in admini strative fe es, to th e Utilitiei: Department 10 the Sewer Fu nd , he
sa id .
Ma yo r Bradshaw sai d a 15% increase, for th os e in the audie nce , is aro und $4.0C ,r three month s. lbnt is
what a 15 % increase mea ns.
Mayor Brad sha w .asked if there we re any .. ·s tions fo r Mr . Fond a. There were none .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECOND ED, TO APPROVE AGENDA
ITEM 11 (a ) (vi) -COUNCIL BILL NO. 49.
COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A lllLL FOR AN ORDINANCE AMEND ING TITLE 12, CHAPTE R IA . SECT ION 4; TITLE 12.
CI-IAPTER ID . SECT ION I; AND TITLE 12, CI-I APTE R 2. SECT ION 3. OF THE ENG LEWOOD
MUNICIPAL CO DE 2000. PERTA INING TO THE WATER AND SE WER SECT ION, AN D
INCREAS ING SEWE R RATES .
Vole remits;
Motio n carried .
Aye s: Counci l Mem bers Nab holz, Moore , Ga rrett , Wolosyn,
Yurchick, Grazu lis , Bradshaw
Nays: None
(b) Approval of Ordinances on Second Readin g
The re were no :i ddi ti ona l item s submill ed fo r approva l on ~co nJ read in g. (See Agenda It em 10 -Consen t
A~cndn .)
(c) Reso luti ons and Moli ons
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i::nglewood City Council
July 21 , 2003
Page 13
(i) Direc 1or Fonda prese nt ed a reco mmendati on fr om 1hc Water and Sewe r Board 10
adop: a re so luti on app rov ing an increase in waler service charges . Mc sa id th e wa te r ra te increase il> needed
to mai nt ai n our covera ge on our bo nd s ne xt year . We would re co mm end that it wo uld co mm ence Oc tobe r
1~ or thi s year . The increase wo uld be 16% lhi s year and it wou ld be 6% 1n 2005. Thi s wi ll all ow us to do
a number of ca pital items that are 111,; ... cssary to maintain th e in fr astructure, especia ll y in our ove rhead
ston1gc reservoirs . This also include s an ad mini strat ive fee , he sa id , and that is included in th e 16%.
Ma>-o r Brad shaw said okay , that 16'¼ in crease wo uld be approx imately $4 .85 per qu art er.
Co11 :.c il Member Moo re pointed out that eve n with these increases , we wi ll still be subs 1antiall y be low th e
Den "cr melro area , for both wa ter and sewer ra tes.
Cour.ci l Member Yurchick sa id th e thing I fin d interesting is that Littl eto n is our partner and we arc
substantially lower th an they arc, on the sewer ralcs.
COt.'ICIL MEMBER WOLOSYN MOVED , AND IT WAS SEC ONDED, TO APPROVE AGENDA
ITl~M II (c) (I) -RESOLUTION NO. 71.
RESOLUT ION NO. 71. SERrES OF 2003
A RESOLUT ION EST AB LIS HING FEE SCHEDULES FOR WATER SERVICE FOR THE
CUSTOMERS OF THE CITY OF ENGLEWOOD. CO LORADO .
Vote results:
Ayes :
Nays:
V!otio n carried.
Council Mt -: .c rs Nabholz, Moore , Garrett . Wol osyn ,
Yurchick •. ,l ulis, Bradsha w
None
(ii) Se ni or Mana ger Dnnncm i ~r prese nted a recommendati on fr om th e Com mun ity
De vekJ;,mcnt De panment to ado pt a resolu ,..i n ap pro\'ing the South Pl ane R i Ope n Space Plan . She
sai d as you know, the Plan evo lved out •>f :i req ue st from Cit y Co uncil 10 direct a long range vision fo r th e
South Plane River Co rridor. The Plan oeforc yo u 1onight ac compli she s th ,r Council goal and also provides
fo r one implem en tation item of th e recently ad op ted Road map Engl ewood: 2003 Englewood
Co mp re hen sive Plan, where a maj or obj ective in thi s Plan is 10 prese rve, ut ilize and improve the So uth
Pl atte Rive, Co rr idor . Public sup port and rev iew of th is Plan was accom pli shed through fo ur opponuni ti es.
Development of th e Plan by a Public Steering Commi llec, whi ch you ha ve li sted in your packet , a Public
Open House and review of the project goa ls and object ives, whi ch too k pla ce in Janu ary of 2002, a Public
Ope n Hou!.t and review of th e draft concep ts and draft Plan in August 2002 and fina ll y a Publi c Hearin g by
the Engle wood Pl annin g Co mmi ss ion in Fcbru11Ty of 2003. On May 20, 2003, th e Engl ewood Planning
Co mmi ss ion fo rwarded to Ci ty Council Case CP2003-I, with recom mendati on for approval. Th e Plan
itse lf progressed th rough five sequential phases: In ventory and Assess ment. Goa ls and Objecti ves ,
De vel opment of Plan Alternatives, Deve lopment of a Preferr ed Strategy and Implement at ion Tools an d
Strategies. The Plan recog ni zes bot h 1he imponancc of open space and rec reational reso Jrces. to the
econom ic sustainability needed fo r the corrido r to survi ve. The mi x of both natural and eco nomic
re sources provi de s for three pr i-.1ary componen ts in the Plan : Trai ls and Co nne cti ons, Parks and Open
Space and Rede ve lop ment. ' m't tak e a lot of time, she said, but I th ink it is impona nt to ac tu all y note
so me of the improvemen ts 11 . arr recom mended in th ese th ree areas . In the Trails and Co nnections visio n,
we reco mmend in creas ing tl1 ..:apac ity of the net wo rk of th e trail s on th e adjacent riverside, linking trail s to
devel opment si tes and improved ac cess and sa fet y on the ll nil. In the Parks and Ope n Space sectio n, we
recom mend new parks, improvi ng ex is tin g corri1or, by inte grat ing green fin ger linkages to the
redevel opment areas, impro ,1ing exis ting ripa rian habi tnl, buffer exis tin g uses and de ve lop me nt of an
environmental educatio n fa cility along the ri ver. Finally. th e th ird cri ti cal clement of 1he Plan ,
Redeve lopment , recommends the co•cx istcncc of rcdcvclop men1 and nat ural resou rces . Herc the Pinn
recog niz.cs how the river ca n be a spine of acti vi ty. where rcd ev 1.lop mcn1 builds upo n the uni qu e ope n
space and rcc rcati onal 1ualities of the corridor. The Plan encourages th e deve lopment of n river parkwn) to
Englewood City Council
July 2 1, 2003
Page 14
provide and imp rove access and va lu e. IO underu1ilizcd prope rti es along the corr ido r. The fin al
imp lernent .i.tio n pha se of th e Plan co mb ine s eleme nts, whic h arc all crilica l to long -ter m success. The fir st
being th e use of a judicio us bh.:nd of tools. such as pri vate in ce nti ves. gru nts a nd fee sim ple acq uis it io n.
Th e Plan ment io ns priva te ince nt ives. or fee si mple acqui sition, no le ss th an ten tim es. T his is clearly the
preferred method of th e more re gul atory opti ons. Another it em in the implem e nt atio n ph ase, is crea ting
partne rshi ps among pri va te business. non-profi ts and ri ve r preservn 1ionis 1s. We also reco mm end fo ll ow in g
prioritized ac ti on steps. whi ch are li s1ed in the Pl an. Garn erin g reso urces fr om gra nt s and leveraged fund s,
and la st ly, creat in g stewa rds hip for ongoi ng impro ve ment of 1he rive r. Fina ll y. a basic tenant ass umed in
the inceptio n of 1hi s Pl an, was that coopern ti on between Eng lewood and Sherida n was import ant to th e
overall success of 1he Plan. With out go ing in1 0 demi!, I think it 1.:. safe to say, at 1h is po int . tha t Sherid an
docs not share the sa me enthu siasm fo r thi s Plan as we had originall y hoped for . My understa nding is th at
Sheridan has menti oned that th e Plan should be limited to trail s, and the other two clement s, Parks and
Redeve lopment , should not be included. It is th e be li ef of the Steering Com mittee , th at all th ree elements
are crit ica l fo r th e long term success of th e Plan and that by elim inati ng th ose ot her two clem ents, we are
nol addre ss in g three of the four primary goa ls that we re mutuall y agreed upon in the initial Planning
process . Also, as Sherid an menti oned ear li er 10night , they are in the midst of a Co mpre hensive Pl:mning
proces s, which will t,c co mpleted in about the next six month s, and perh aps, 1his wi ll be the time to
comp are the two visio ns, she sai d, to see k so me co mm onalit y. In fac t, the Urban Renewa l Di stri ct,
me nt ioned earli er, is actually co ngruent with our Plan . I wo uld as\.. tha t Cou ncil ac t fav ora bly on thi s
re solut ion and ap prove the adoption of the So uth Platte River Ope n Space Pl an loni ght. Thank yo u, she
said .
Mayo r Bradshaw asked if 1hcr c were ques tio ns or co mm ents.
Co un cil Member Garrett sa id I ~J ve a que stion. We heard toni ght th at :he re is a hearing , in two days ,
dea ling with some of th e prope n y that is included in the Pla n. Would it be pruJent 10 wait to see wh at is
happenin g with that Blight Stud y befo re we go fo rwa rd ?
Ms. Danncmillcr sai d if th at is Co un ci ls' choice, we co uld do th at. I don't sec Mr . Side bottom or M:?.yo r
Cart er here, but we have had act ual mectin g':i with Mr . Sidebottom , the Ci ty Manager of Sheridan, to have
so me di sc ussio ns about what is ac tuall y happenin g in !hat area. It is my fee lin g that what th ey arc
propos in g is co ngruen t wit h thi s Plan . It is a comme rcia l redevel opment between Oxfo rd and Hampd en,
wes t of Sant a Fe . and th at is spec ifi ca ll y ad dre ssed in lhi s Plan. There is nothin g that would precl ude that
type of devel opment in thi s Plan . If yo u look at the Pl an co mpo sit e on page 34. I think th at yo u will see
two areas iden tified in purple ... one bei ng a slashed area and one bein g a so lid area . Th ose are areas th at
we have addre ssed. We did nm addre ss th e northern sectio n. We did n't addre ss th at as anyt hin g. so th at
would not preclude th ei r acti on.
Mayo r Brad shaw said I think one of !h e mi sco ncep tions of th is Plan, is th at it repre sen ts a takin g. But
when I look at th e members of th e Co mmiu ce a nd I sec peop le from Co lora do Parks, So uth Suburb an Parks
and Rec rea ti on, So ulh Platt e River Co mmi ssion. th e City Manage r of Sherida n, Mr . Yurchick served on
1his Co mmitt ee, the Arapahoe Co unt y South Metro Chambe r. the Trust fo r Public Land, Urba n Dra in age
and Fl ood Co ntrol . the Army Corp of Enginee rs, 1nd 1he Sherid an Fa mil y Reso urce Center ., .I just don't
see that. II does nol represent a taking . il is onl y 4, suggestion. I know 1hat. in part of Sheridan's Urban
Rene wa l Plan, th ere is our Golf Co urse, and I think !h il t is an int erestin g item that need s to be addre ss ed
also. Ms. Corn s, I think th at so me of your informa tion, is mi sin fo rmati on th at yo u read 10 u:,, and for that
I'm trul y sorr y, beca use we rea ll y 1ri ed 10 co mm uni ca te with Sherid an. I would say yo u probab ly need to
talk 10 Jim Side bo uom, sin ce hi s name is on lhc. c.'J mmitt ec. Doe s anybody else wish to addr~s s thi s iss ue?
Cou ncil Member Graz uli s said I have many queii cio ns regarding thi s. but I think I can ge t so me of my
answer s jusl by talkin g to Ms. Dannem ill er tmd the !lfO Up . I do have a co nce rn though, when I look at
so me of the pe ople th at arc on 1ha1 co mmine: ... that !I .ere are no land owners al ong there or busine ss
ow ners.
Ms. Danncm ill er sai d, actua ll y, th ere arc landow nr.rs. hut the y represe nt multip le interests on th at
Co rnmill ee . I do 1·1 hnve th e li st in fro nt of me, but Stan Brown is a land ow ne r wi1hin th at area . I'm so rr y,
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Englewood City Council
Jul)' 21, 2003
Puge 15
I can't think of a numbe r off th e 1o p of my head . May r Brad~haw said Stan Bro wn own s Alamed a
Wh olesale . M .. Danncmillcr stud that is nght.
Coun cil Member Grazuli s said I did have se veral call s. fr om so me conce rn ed people, on the meth od that
their land was going IO be iakcn and I' vc been 1rying to get b:1ck wit :i th em, becau se I just got back in to
lawn thi :l weeke nd , and I have bee n unable 10. So that is why I have a questi on as to the acq ui siti on and
how you intend 10 do ii fo r a private property . When really. at this point thai's th eir property tha t the y
have homesteaded on fo r the las! 80 or 90 year s and it's th eir li ,clihood. You know. she said, they arc ve ry
co ncerned .
Ms. Danncmillcr sa id sure. and if yo u rea d the Plan 1hrough com plet ely, in term s of meth ods fo r ac tu al
changes in th e co rridor, there are a number of mc1hods 1hat arc reco mm cndcct . One of 1hem being
acquisi ti on of lh c property . And even in tha1 in stance, it speci fi ca ll y refers 10 ow ner.initiated acti ons .
There was very little support ~n the committee fo r any type of actio n that wo uld be governmentally
initialed . We tried ver y hard to look at the incentive portio n of the Pl an and cmphasi 1ed that th ese arc
opport unit ies that may come abo ut, as property ow ners wa nt 10 se ll th eir property. or if a devel oper
approac hes a property owner abo ut increas ing the va lue of th eir property by doing so me of th ese th ings ,
th at wou ld be ow ner initiated and not through the condemnation process. We will not deny the fact lhal
there potent ia ll y cou ld be co nd em nation, she said, but. that is not a preferred Plan altern ati ve .
Council Member Grazulis ask ed if the co ndemnati on wo uld be the entire propeny or just the st rip th at
yo u're involved with . Ms. Dannemiller sa id I wish I cou ld address specificall y what it would be . II wou ld
be based upo n a rede vel opm ent application . If an application came to the Community De vel opment
De partment for rede ve lopme nt. and we were initiatin r, ii. it wo uld be spec ific to a property itself and not
acquiring the entire corrid or .
Cou ncil Member Yurchick sa id I think that is where a lot of th e hang up is. People look at a map and say
''o h my God. th at fin ger is runn ing th ro ugh my property." Well , that is not the case, he sa id. It is just a
concept. .. they are showing th ey wa nt 10 co nn ect acti vity betwee n the Plane Ri ve r and Englewood, ;md the
Plane River a nd Sheridan. That doesn't mean a strip of land is running thro ugh any part icu lar property . It
is so mething the grou p wanted to work out in 1he fut ure. as the pro pe rty wus de veloped. And. I would also
like 10 sa y 1ha1. Sheridan did particip ate in th is. al leas1 a third of the way lhrou gh ... 40 % of the way
throug h ... and saw mos t of thi s and th en just dropped out . fo r whate ver rea son, he said, and they 1,::> longer
allc ndcd any of the Planning meetin gs.
Ma yo r Br ad shaw said all 1he s1akeholdc rs. al ong that area. we re at the meetings I alle nded and th ey we re
we ll infor med . The owner of Kc!11 property. wa nted to come inlo Eng lewood , if we wo uld give him a free
sewer. That was th e whole iss ue. We said no. yo u have to pay fo r it. Sc , that banle has been ongoing fo r
20 years th at I kn ow of. But as fa r as an idea. thi s is an idea, it is a co nceptual Pl :m onl y, she sa id. it is not
sci in co ncre te.
Co uncil Mf'mhcr Wolosyn said 10 th at e nd , and OUl of respect to Sherida n. maybe we sho uldn 't include
th em as a primary sponso r. I don't know how Council feel s. she said. as it says Englewood and Sherida n
arc primary sponso rs of th e Plan and I don't think th at's acc urate. And, I don't think I can speak fo r
Sherida n.
Ms. Dannemille r said I think th:it is so mething tha l we co uld elimina1e wi th out a problem .
Co uncil Member Grazuli s said on page 53 , I had 111.-o ncc rn when it was men ti oned to acq ui re rece nt
assess ment \'a\ues . Those arc not actuall y like real values, as we u.11 know when \\e get o ur taxe s fo r our
property, and so th ere sh ould probably be so me type of mi ddle ground in there . 100. I am j ust spec ulating ,
she said .
Ms Danncm ille r said righ t, th at was th e way we ac tuall y determined in iti al cos t cstimales. fo r the Pk:n. But
you arc co rrect, we don·, use th os e fo r an offer of purcha se. The y arc ba sed on rc:tl va.luc s. not on asi-c~se d
valu es.
Englewood City Council
July 21, 2003
Page 16
Co uncil Member Yurchi ck sa id I wo uld just like 10 say 1ha1 this isn'1 an Englewood Pl an . Englewood's
panil'ipation m 1h is Boa rd was in the minority, wh en yo u loo k at everyone involved and the co nccp · th ey
ca me up wi th .
Ma yor Brads haw said that is ri ght .
Ma yo r Bradshaw asked if there were any ot her que sti ons.
Counci l Membe r Graz ulis said I agree with Mr. Garrett, that it would be prudent to just wa it awh il e.
Counc il Member Moore sai d I was asking Ms. Danncmillcr whether we should . She sa id it is co nsiste nt
with the Pl an.
COUNCIL MEMBER WOWSYN MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA
IT EM 11 (c) (II ) -RESOLUTION NO. 72 ,
RESOLUTION NO. 72. SERIES OF 200 3
A RESOLUTION APPROVING THE ADOPTION OF THE SOUTH PLATTE RIVER OPEN SPACE
PLAN WIIlCH WILL BECOME PART OF ROADMAP ENGLEWOOD : 2003 ENGLEWOOD
COMPREHENSIVE PLAN.
Mayor Bradshaw asked if there was any other disc ussion . There was no ne .
Vote results:
Motio n carried .
Ayes:
Nays:
Cou ncil Members Nabholz. Moore . Garrett , Wo losyn, Yu rc hick ,
ii rad sha w
Cou ncil Member Grnzu li s
(iii) Direct or Fonda presented a reco mmend ati on fr om the Littleton/Eng lewood
Was tewa ter Treatment Plant Supervisory Co mmittee to ap prove, by motion , th e purcha se or Dcnitrifi cation
Sys tem Equipment and Installati on Service s fr om Severn Trent Services in the amo unt of $3,080.300 .00.
He said this is a prr.-purchase of equipme ni from a very specialized com pan y. We inve sti gated three
sys tem s th at our consu ltant . Brown and Caldwe ll , fe lt co uld adequatel y do the job, And aft er pilot te sting
and vi sits to insta ll at ions, we cl,ose Severn Trent. We ha ve negotiated th e pric e of th e denitrificatio n
equi pme nt with them and the Supervi so ry Co mmittee is now reco mmendin g apprrva l of pre -pu rchase of
thi s equ ipment , along with so me needed servic es, from Severn Trent , that wo u'< .. , it together . The
equ ipment will be deli vered durin g the co nstructi on phase , he sa id.
Ma yor Bradshaw as ked abo ut the reason for thi s equ ipm ent.
Direct or Fond a repli ed thi s is the denitnfi r.ati on equipment th at will go in 1he lank . It ii; 1he cquipmt!nl th at
goes wi th th e fi ll er units that are pan of the denitrific ati on proc ess.
Mayor Brad shaw sa id thi s is a requ ireme nt of EPA '! Is that correc t?
Direc tor Fonda sa id th is is the eq uip ment we will need to meet their requirements . yes,
Mayor Brad shaw said oka y.
Mayor Brad i~aw asked if the re were any oth e~ questi ons fo r Direc tor Fo nd a.
Counci l Member Grnz ul is said I ha ve a co mment. Si nce I do not know mu ch abo ut 1his. I en lbt t my entire
lrust to yo u, tha t 1'1i s is the best thing for !he City ,
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Englewood Cit y Council
July 21, 2003
Page 17
Direc tor Fonda sa id yes. thi s eq uipmc n1 . as opposed to the other proc esses , wou ld be 1hc cq uipmcnl yo u
would wa nt i( we ever had to go to pho sph oro us remova l.
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE
PURCHASE OF DENITRIFICATION SYSTEM EQUIPM ENT AND INSTALLATION SERVICES
FROM SEVERN TRENT SERV ICES IN THE AMOUNT OF $3,080,300 .00.
Mo ti o n carried.
Aye s: Co uncil Members Nabholz , Moore, Garren, Wolosyn,
Yurchi ck, Grazu lis, Brad shaw
Nays: None
Director Ea ton pre se nt ed Agenda Items 11 (c) (iv) and (v}.
{iv) A recommendation from the Human Resou rces Department to se lect, by motion,
an arbi trator in the matter of the Engl ewood Firefighters Assoc iati on impa sse.
(v) A recommendat io n from the Human Reso urces Department to se lect , by moti on.
an arbitr:nor in the maner of the Englewood Poli ce Benefi1 Assoc iati on impasse.
Director Eaton said I am here to recommend that an arbitrator be se lected thi s evening to cond uct hearings
in the mauer of impasse between the City of Englewood and the Englewood Firefighters Loc al 1736 and
also between th e Ci ty of Englewood and th e EPBA .
Ma yor Brad shaw asked if there were fi ny que stions .
Co uncil Member Moore asked abou t the cos t difference among the arbitrato rs. Some of th em had a per
diem charge in there and so me of them didn 't. he noted .
o :rect or Eaton sa id th ere are different per diem charge s. There arc also cha rges that wo uld be assoc iat ed
with tra vel th at should be taken int o co nsid erati on, as we ll .
Mayo r Brad shaw sa id. but both con tracts arc fo r $15 ,000 .00. Is thut wha t we budgeled for those?
Director Ea 1c,n sa id that is correct.
Council Member Yurchic k sa id Mr . Snow wants $900.00 a da y. in addition to .e S IS .000.00'!
Direct or Eaton said actua lly the $15,000.00 tha t we bud geted, is 00 1 all arbitrator's fees . It is partiall y our
employment at 1omey's fee s for preparati on of 1hc impa sse.
Council Member Moore said, as Mr . Yurchi ck pointe~ out , Mr . Sno·v is loo king at a $900.00 per da y fee .
Ma yo r Brads ha w said he is co min g from Fre:.no .
Co uncil Member Grazu li s said I though t maybe Mr . Vaugh n fo r the firefigh ters and Mr. Snow fo r the
police. Just because of wha t they have dealt with . I just rend so me of th eir art icles anrl tha t would be thei r
experti se.
Co unc il Member Wolosy n said I askrd for a linle bi1 of ad vice. Mr . Ai senberg 1s from our s!!.!lc . I was
going to move to appoint Mr . Aisenberg .
Council Member Yurchic k as ked who we used last year . Director Ea 1011 sa id the arb it ra tor chm cn l:1s1
1irne. is not on the list.
Englc \~ood Clly Co uncil
July 21, 2003
Page 18
COUNCIL MEMBER \l'OLOSYN MOVED , AND IT \\'AS SE<;ON!JED, TO APPOINT II ENNETT
AISENBERG AS THE ARIIITRA TOR IN THE MATTER OF rm; ENGLEWOOD
FIREFIGHTERS ASSOCIATION IMPA SSE AND IN THE ~IA TTER OF THE ENGLEWOO D
POLICE II ENEF IT ASSOC IAT ION l~IPASSE.
Counc il Member Yurchi c k ask ed what he charges. He docs n·1 have a fee li s1ed. he said .
Director Ealo n said I do not know lhe an swer 10 that qu cs 1io n.
Mayor Bradshaw asked if there wa s an y other di sc ussmn. There was no ne .
Vote r e-ults :
Motion c arried .
Ayes: Council Members Nabholz. Moore. Garren. Wolosy n,
Yurc hick, Graz uli s. Bradsha w
Na ys: No ne
(vi ) Dircclor Kahm prese nted a recomme ndati o n fr om the Depanment o f Pub lic
Work s to approve , by moti o n. a co nstru cti o n co nlfact for the fami ly aquatic park. wi th Ta ylor Kohrs . LLC.
in the amount of$6.297.630.00. He said , in 2001. Englewood v0 1ers approved bonding for three rencatio n
projects . We had the Malley Ce nt er expansion. the Recreatio n Cenler expa nsio n and 1he co nstruclio n o f a n
aquati cs park . T he fir st two projects, the Malley Center and the Recreatio n Ce nt er, are under co nstru cti on
and we will see the completion of th ose projects over th e ne xt 60 to 90 days. They are coming alo ng really
we ll . It is now time fo r us to gu forward o n the aqua1 ics park . Earlier th is s pring, siaff adverti sed in the
Dai ly Journal and th e Engle wood Herald for co nst ru ction firms that were qualified to bui ld thi s type of
rroject. We received 23 responses to o ur request for qualific atio ns. Our in •house se lection co mmittee
narrowed that do wn to e ight companies that wc felt were best qualifi ed fo r this projec t. Subseq uent to th at,
we bid the proj ec t and o n Jul y 10th we o pe ned bids. The bids ran from S6 .240.000.00 up 10 $7 .040.000.00.
and the average is abo ut S6.5 milli o n. The arc hitect's estimate. at 1hc time o f bid. was S6.6 millio n. At thi s
time. we wo uld ask 1he Co uncil to approve by moti o n, the award of a constructi on co ntract 10 Taylor
Kohrs. LLC .. as they were the low bidJer, fo r the construc tio n o f1i1 c famil y aq uati c park . Pira1 es Cove , and
authori ze 1he C apil a l Proj ects Di rector to .10 into a contrac t in the amo unt o f S6.297 .630 .00. The rea so n for
the high e r number is that we did ha ve alt r,rnatcs that we bid. There were aclUally se ven alt crn:itcs and we
o nl y bid fi \'c . Th e fir st two wer e ac1u ull y in the bast: bid . We a rc recommending alt ernates 3, 5. and 7.
Ahernate 3 all o ws for underwater li ghting in the pools. The wa y thi s is pro po sed . right no w, it wo uldn't be
usable at ni ght ... but if we do n't pu1 th at li ghting in. up fr o nt . wi:: will ne ver ha ve it . The second a lternate.
alternate 4, is Diamo nd Br ite . That i:,. a 1reatm e nt th at yo u pu t o n the pool. and fro m a main lcna nce
standpoint . ii pro tects ii fro m ultr a vio let ra ys . parti c ularl y when 1he wat e r lc \·c l is down in the winter. But
that is something we can add, o ut of the contingenc y. late in the proj et·1. if funding is available . So. we arc
no t asking for it at this po int in time . Alternate 5 was the additio n of a third slide. We ha ve 1wo large
slides th at we re in the base bid. Quile ho ne stl y, Ta ylor Ko hr s had an error in their bid , which lhcy will
ho nor. Thai s lide that sho uld cost about $80,000 .00 to $90 .000 .00, was bid fo r $15,000 .00 . So that's a
bargai n. We should ge t th ree of th os e , but o nl y o ne is avai lab le . Alt ernate 6 is a \'apnr barrie r, whi c h ma y
need tu be included in th e concrete pl ac cmenl. It 's $8,500.00. if we need it We will make thal
de terminatio n as we co nstrue! 1hc projec t. And . Alternate 7 ac tuall y add s some decorati ve fe nc e at the
main e ntrance tu the pa rk a nd we think th at is a good invest me nt. us we ll . I have give n yo u a hreakdo wn of
the project. T he low bi d 1s at $6,2 97.630 .00. At thi s point in time, we have already do ne th e d c moli1 io n of
the sit e, and co mplet ed the e nv iro nmc nlal cl ea nup a nd site prep. fo r $392,000.00. \Ve have professio nal
fee s at $505 ,000.00 We ha ve some lap fees. We ho pe lo be abl e tn pu1 the 1raffo: signal o n Bellevie w,
which is estimated a1 $195 .000.00. We are still cou rling C OOT o n thal iss ue. he sa id .
Ma yo; Bradshaw sa id th al wa s my questi o n beca use I have a rea l co ncern . There arc kid s :dn::1dy run ning
ac ross th :11 street 10 ge l 10 Corn ers1o nc .
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EnJ lewood Cit y Co un cil
July 21, 2003
rag• 19
Di rec to r Kah m sa id we have Dee n work in g wi lh th em fu r seve ral month s now and I lhink w e arc nt 11 point
where lh ey have agreed h> all 'lw us Lo hJ vc the sig nal . but th ere isjus l a 1ucsti on o r th e cxac 1 loc a1ion. \Ve
:1ave a location picked and I th ink th e Stale is asl.i ng us 10 move it 100 to 150 feet to the casl.
Ma yor Brad shaw sa id the hill is an iss ue there , wi 1h sig ht. Kid s. run across. ir th ey :,i nk the y have a li ght,
and there arc cars coming off tha1 hill .
Direc lor Kahm said mov in g 1he sig na l to tha l loc ati on is n't th at big llf an iss ue . as we worked 1,1,ith South
Subu rban early on. I do n't think 1hey re all y c,•c;r ime nd 10 have the fou r-legged int crsccli on inlo
Co rnerstone Park. So it is go in g to pro bab ly t.c a .. T .. in1ersec 1ion. So mov in g it wouldn 't ha ve an impact
on South Subu rban, he s:lid , so l lhink we wo uld still be okay .
Ma yor Brad shaw sa id my conce rn is vi sibilit y fo r the kid s. as th ey try to ge t across, when the y get exci ted
and they wan t to go to the Ska te Park from the swimmin g pool. an d vice ve rsa.
Director Kahm sa id the 1otal estimated cost fo r the proj ec t, at th is point , wi th all thme co ntin gen cies an d
ad minist rati ve fee s. is SS.650 ,79 3.0C. And th at amount of mone y, he said , is ava ilabl e from th e bond sa le.
Mayor Rrad shaw asked if there were any que sti ons.
Council Member Wolosy n sai d I wo uld just be interested in a litt le backgro und on th e firm . Have they
done a wate r park before?
Direc tor Kahm sa id absolutely. We narrowed it down to 8 who had a lot of experi ence in building poo ls
and park s. Thi s is a very large co mpan y. The y ac 1uall y have orti ces in abo ut 7 states and one or the
principle s li ve s here in Hi ghl a nd s Ranch , so he is local.
Counci l Member Grazu lis said my initi al concern was what experie nce do th ey have wit h th e body slide.
Are they goi ng to ea t that $70,000 .00?
Di rec tor Ka hm sa id yes. they are . And inciden tall y when it co mes 10 th e poo ls. we ac tuall y pre -qu alifi ed ,
na1ionall y. 6 poo l co ntract ors to bui ld th e poo ls. Ta ylor Kohr s is a ge neral co ntrac tor. The poo ls wi ll
ac tuall y be bui lt by S1 . Lo ui s Pools , ou t of St. Loui s. Th ey are conside red by our co nsu ltant , as one of the
top co nt ractors in th e country fo r th is type of work.
Mayor Brad shaw as ked ir th ere were any other qu es ti ons. There were none.
COUNC IL MEMBER GRAZ ULI S MOVED, AN D IT WAS SECON DED , TO APPROVE A
CONSTRUCTION CONTRACT FOR THE FAMILY AQUAT IC PARK , WITH TAYLOR KOHRS,
LLC, IN TH E AMOUNT OF $6 ,297 ,630 .00 .
Aye s: Co uncil Me mbe rs N:i bholz. Moore , Ga rrett . Wolosyn.
Yurchic k. Grazu li s. Brad shaw
Nays : None
Moti on c;1rr ied.
12 . General Dlsc uss ion
(a) Mayo r's Choice
(i) Ma yor Bradsh:,.w sa id I mended the Boa rd of Adjustment & Appe als meeti ng
and they ru n a tight shi p. There is ri0t rt lot or me si.i ng aro und . I was ver y impressed . The sad thin g is.
!he y arc vo lin g on our names . I believ:. Joh n Smit h is Anr Nabh olz. I wi sh there wa s a way we co uld
slide so met hing in 1he ,·o ting pan el lcr Plannin g and Zo ning and th e Board or Adjus1men t and Appea ls.
We probabl y need 1~ '.u1ve a vo ti ng pan el ;n adc up fo r th e tl on rd of Adj ustme nt & Appea ls and for P & Z.
\Ve need 10 find nul abo ut 1he cos t.
Englewood Ci ty Council
.July 21 , JOOJ
l'ogc 20
(i i) Mayor Bradshaw said I wan t to thank Coun ci l. because you guys arc workin g
very, very hard on our budgel issues, and I respect ea ch and every one of you a nd yo ur deci sions . I
think ... it is a process and l hope our citi ze ns reali ze th e laborious process we are go in g through . And, I
1hink the businesses do, I really do . So, keep up the good work anrt we will see you nex l wee k with idea s
o n how 10 gcncra1e mo ne y.
(b) Council Members· Choice
(i) Coun ci l Member Nabholz :
I . She sa id the hed ge on the cast side of Paul's Ca1ering is prclly far over the sidewalk and it is a
th orny hedge , so we need to get in touch with Code Enforcement or so meone needs to get in touch wit h
Paul's Ca tering and ha ve 1hem trim that.
2. She sai d I guess l need 10. once again, stale my concern ove r Bates Loga . ark . I've t ;cn there
num erous times. I agree with off-leas h, but I don't see thi s park ... compared to Belu::view Park. II is a
problem ,nd I think we reall y need to rnkc a co ld , ha.rd loo k al that. I met with Dave Lee and a Code
Enforcement Orficer in January. The re a.re qu ite a few Denver reside nts who use th at, beca use ii is so close
an d ii is easier 1han Washinglon Park . But yo u can definitel y see the decline in people usi ng th e par k and
the re arc lots of dogs there . l th ink wr need to take a look at it, so that it's fair to everyo ne. Because right
now. it see ms ii is a littl e lopsided . I ;hed it every week ... 11 different day every week ... and there are
problems. Mayor Bradshaw sai d it sc.unds like it is a horrible problem . Ms . Nab holz sa id it reall y is and I
think it is JUSt beca use it is so close to houses. Now , we ha ve the mushroo m park th at is backed up to th ose
apartme nts, but thi s is different. It is accessed from numerous sides and I think it is a se rious problem that
we need to ta ke a look at. she sa;d.
Mayor Bradshaw sugges ted this issue go to the Parks and Rec reati on Commiss ion.
(i i) Council Member Moore said I woul d like 10 co mment on thi s also. We have a
po li cy in place , where we will revisit the lea sh law ever so of1en. I was wonderi ng when we will re vi~it it
nex t.
Co uncil Member Nabho lz said didn't we jusl redo it ? Mr . Moo re sa id time fli es and , th e way I figured ii ,
ii must ha ve been a yea r and a half or so ago.
Cou ncil Member Garrell sa id one of the lad ie s ca me to Parks and Re creation Commissio n to pre se nt
alternatives ilnd th ey arc loo king al the ahcr11atives she suggc sled. I don't know what lhe utcomc of 1ha1
will be, he sai d, unti l th at di sc uss ion 1akcs place .
Mayor Brad shaw sai d may be we sho uld stop dogs al th at park until th ere is a di sc uss io n ... until there is a
jccision.
Co uncil Member Garrett said, in ru;mess. we had an Open Forum and we adve rti sed the Open Forum in 1hc
Citi ze n. And th e only peop le who came ·'> the Ope n Foru m were peop le who supported our pa rk a!'> an off-
leash park . He sai d we have done this se veral times and, every lime, this is the result . When v.~ ere
there, we had a meeting and th e dogs didn't both er anybody. And so. I think that we hove to be c:i rcful. l
me an, we had .. .me µcrson call up and say th ere arc a 101 more dog dro ppings and the perso n ac tuall } gave us
a co unt. Ma yo r Brad shaw sai d yes, 1hat concerned me . Mr . Garrett sai d if you go to Jaso n Pork . there o.re
brown spots. because of the drought and other re aso ns, and not just dogs. It is just like every other park.
But th ose arc the type of iss ue s we arc looki ng al and I wo uld like the Parks and Rec rea ti on Commission to
take a loo k at it. I belie ve we revi sited th is iss ue three months ago , he sa id .
Ma yor Bradshaw sa id yes, it was foirly rece ntl y.
Co un cil Membe r Grazulis sa id mayl'ie the timing co uld be rev isited .. we rnulJ ~a ve certain time s when
!here wou ld be free time fo r ki ds.
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Englewood City Council
July 21, 2003
Page 21
Co uncil Membe r Garrett said th e Parks and Rec rea ti on Co mmi ss ion di scu ssed that and it is ve ry difft cu ll to
monil or tim e zones. Either th e par k is or isn'1. beca use. yo u kn ow. it is alwa ys go ing to affect so mebody
someh ow, so me where . So we arc loo kin g at al lcrnati vcs, he sai d.
Mnyor Bradshaw said what a bo ut lhe ditc h? The use of 1he ditc h in th at park. The o ne th at is goi ng 10 be
fe n ed off. I thin k that mi ght c urt ail some of th e use there 100.
Mr . Garrett sai d th at I don't kno·,v.
Ms . Nnbholz said it cou ld Lt th.,1 so me of th em train their dogs at th e fe nces.
Mr. Jarrell sa id there will be irresponsible dog owners, whether it is off-leash or not. Mayor Bradshaw
sa id .1 !,solutcly. Council Member G11ITc1t said yo u arc going 10 ha ve problems. no matter what. We
understa nd th al they make a n effort 10 make s ure 1ha1 they lr y 10 soc iali ze in places where peo ple are n't
congregati ng.
Ma yo r Bradshaw sa id I kn o w th ere arc park users al Jaso n who jusl dri"c up in the ir car, o pen th eir door
and o ut 1he dogs go. And then . finally , th e perso n moseys o ut of the car, five minuies later ... a nd that is
wro ng too.
Counc il Member Garrett s.iu d it is an enforceme nt issue 3s muc h as anything.
Co un ci l Me mber Moore sai d I do n't re me mber whether fencing a n area is a n o ption.
Co unc.il Member Garrett said we di sc ussed fcr.ci ng areas a nd that is not consi dered a n o ptio n.
Director Jerrell Black sa id , initia lly, whe n we loo ked at 1hi s issue , o ne of the key fac tors h3d to do with the
cost, because most o f the dog parks o ut th ere ... a nd if yo u sec the o ne s around the metro area ... lh ey are
fenced. They have waler a nd they are e ncl osed. The cost th at we looked at wa s a nywhe re fr om
$100,000.00 IC' $300,(X)().OO . dr.pending upon th e size o f the locati o n. to suppl y wa ter and fe nci ng. As a
result , whe n yo u fen ce it , it ends up bei ng barren gro und. So, as a compromi se. initially whe n we put thi s
program togelher, ii was to locate different parks within tl.e commu ni1y, 1here wa s a 12-month period fo r a
trial basis and that worked well a nd Council decided to mov e fo rward aft er th at. So, it became permane nt ,
with the agree me nt that we wo uld revisit the iss ue o nce a ye ar. As Mr . Gai :~t1 sa id, the Par ks a nd
Recreati o n Commission has talked abo ut thi s issue a number o f limes. I don·, k now th at th ere is a solut io n
th at will s:uisfy everybody. he said .
Counci l Member Grazuli s sa id 1 have a questi o n. Could we revisit one o r th ose g;ee n s pa ces. 10 see if it
wou ld be fea sible?
Ma )'{'f Bradshaw noted th ey are small .
Co un c il Me mber Garrett said lh e Pa rks a nd Recreatio n Commissio n wi ll be looki ng int o whelhe, the re are
a lte rn ati ves 10 Bales Loga n Park.
Counci l Member Gra.zu li s sai d not inste ad of, but in additio n 10, and ma ybe 1hat wo uld a ll eviate some of
the wear and tear, or the nu mber of dogs at Bates Loga n.
Counc il Me mber Wo losy n asked if 1hesc are two lots th at we own. Direc tor Black said yes, th at is correct,
bu! th ey are a lot s mall e r. Mayor Bradshaw sa id they are the s ize o r two ho use lots .
Ma yo r Bradshaw asked if there were an y other questi ons for Mr. Blad.
Coun c il Member Moore said ii is a to ugh iss ue, bu t th is mornin g. I had a dog charge me . II was at Roma ns
Park, whi c h is no! an off-lea sh park . A gu y ride s a mo untain bike a nd he has a beautifu l dog 1ha1 he lets
Englewood Cit y Council
July 21, 2003
rage 22
run fr ee while he rid es . He is we ll cont ro lled . bul th at doP • 1 ,de ii twe ntv ya rds to wa rds me befo re 1hat
indi vid ual stopped hir,1. I've wa tch ed them bdore, so I k1 n..1 w 1ha1 dog i.,, under co ntro l, b1.1 1. nonc1helci-,;,
whe n 1hu1 ci og ad vance s toward me, I mysel f go int o a defen sive mode . So it is ver y rou gh. I have d1...gs
m~· .. :lf. I hav e two large dogs that I look ou1 fo r, as we ll as un old dog we are nursi ng , th at my fo 1her-i n-
la ·N owns. I am a big dog suppo r1cr , but dogs off-lea sh are dangero us, un le ss you co n co ntrol them we ll . It
i, hard to just make o decis ion 10 go wi th it. J know we keep rev isi tin g this, bu t fo r me. it is still a hard
iss ue. his tough, he sa id, and if we ca n't afford to do fenced areas. it still make s me que stion if we ore
rea ll y doi ng th e ri ght thing .
Council Member Wolos yn po int ed out th at we ha ven ·1 had a prob lem at four parks. Ma ybe the re is
so methin g abo ut Bales Logan th at just is n't wo rking . I know yo u guys have been ove r and over th is, she
sa id , but it just kee ps comin g up .
Mayo r Brads haw said if we had a doll a,. ~ar eve ry minute we have spc nl on dog parks, we wouldn 't have a
budget shortfall .
Council Member Nabho1i. sai d I ":mt to thank Parks ar,d Recreatio n. Nick go t hurt in the poo l today. He
hroke hi s fin ger. The staff was cx ,:clle nt and hi s buddy, Brandon. th e lifeguard that he or iginall y had a
probl em with, is now hi s bes! friend . You guy s did an exce llent job. she said . th ank you. I reall y apprecia te
it.
(ii i) Co uncil Member Garrett :
I. He said I will not be at the Jul y 28 th meet in g ne xt wee k.
2. He as ked if we were goi ng to parti cipate in the he aring on Wednesday. in Sheri dan. Thi s is a
Public Hearing , he sai d. and we would be one of the major propert y owne rs .
Ms. Danncmillcr said 1h is is the fi rst I've hea rd anyt hin g abou t it.
Ma yo r Brndshaw said Mr . Scars and I have part ic ipated in hearing s in Si 1cridun .
Cit y Man ager Sc:1rs SJid we wi ll fo ll ow up .
Mayo r Bradsh ;rn sai d we will han: so meo ne th ere.
Co uncil Member Garrell said I thin k it .!> up to the Cit y Attorney's Offic e to decide what our lega l righ ts
arc and how we should par1i cipa 1c in th e publ ic hearing. II is a surpri se 10 me thal we have n't bee n
notifi ed. he said.
Ma yo r Brad shaw said if Coun cil want s 10 go, it is al 7:00 p.m. on Wed nesday .
(iv) Co unci l Member Grazuli s sai d it was kind of interes ting thi s la st week , I wa s up
in Vai l fo r a week wi th fi ve 18 year old s. She noted when yo u are 18 th e world revolves aro und you.
Howeve r, I was li steni ng 10 so me of the TV spots. beca use th ey had th eir Vail Recrea tion Di strict tele vised.
I pul 1ha1 on and , of co urse. ii dro ve the kid s away as it wa s bo ring . Bu t I lis1encd to ii , beca use th ey were
havin g troub le wi th their gol f courses. As yo u probabl y know . they wa nt to resurfa ce their greens . And ,
their big issue was whether to cl ose three holes at a tim e or cl ose it for the enti re yea r. They thought about
how th ey were going 10 be dr ivin g people away . They char ge S I I0 .00 or $115 .00 per da y, fo r pla yi ng 18
holes and th ey fin all y conclu Jed th at one thin g th ey were going to do wa s. if yo u we nt on Frida y and
Sa tu rda y and paid the $1 10.00 pe r day , the n you could play for half price , up 10 noo n on Sund ay . Wh at a
dea l. And th n1 is what th ey we re going 10 promo1c and pu sh thro ugh E-ma il 10 all the hotel s. J ju st
we nt ... wh oa . I jusl though t, how wonde rful it i,;, that we have 1he go lf co urse th ut we do ha ve. and it is so
affo rd ab le for eve ryo ne.
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Englewood City Council
July 21, 2003
P•g• 23
13 . City Manager's Report
Cit!' Manage r Scars did not have any mauers to bri ng befo re Co uncil.
14 . City Attorney 's Report
City Attorney BrolZ man did not have any matters to bring before Council.
IS . Adjournment
DSHA W MOVED TO ADJOURN . The meeting adjourned at 9:05 p.m .