HomeMy WebLinkAbout2003-08-18 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
I. Call to Onler
Regular ~Ion
August 18, 2003
The regulnr meeting of the Englewood City Council was called to order by Mayor Brad shaw at 7:30 p.m.
2. lnvocatJon
The invoca ti on was given by Council Member Nabholz.
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Bradshos .
4. Roll Call
Present:
Absent:
A quorum was present
Also prese nt:
5. Minutes
Council Members Nabholz, Moo re , Grazulis, Garrett, Wolosyn,
YW'{'hick, Bradshaw
None
Cily Manager Sears
City Attorney Broizman
Assistant City Manager Flaherty
City Clerk Ellis
Dircc1or Simpso n, Community Development
Senior Planner Graham, Community Development
Director Eaton, Human Resources
Senior Project Engineer Van Nostra nd , Wastewater Treatment Plant
Director Ross, Public Works
Direct or Olson, Safety Services
Director Gryglcwicz , Finance and Administrative Services
(a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 4, 2003.
Mayor Bradshaw asked i( th ere were any corrcc 1ions or com men ts. There were none .
Vote results:
Motion carried .
Ayes: Co uncil Members Nabho lz, Moore , Gorrell, Wol osyn,
Yurchick , Grazul is , Bradshaw
Nays: None
6. Scheduled Visitor,
There were no sched uled vi sitors.
Eng lewood City Council
August 18, 2003
Page 2
7. Unsc heduled Visitors
(a) Caro l Gooda ll . 3 14 3 Wes t Chenango Aven ue, sa id th ank yo u fo r the opport un ity 10
add ress an iss ue, whic h may co nce rn many res id ents in Englewood. On Jul y 14th of1 hi s yea r. a new
ordinance became effecti ve re garding inoperable and off-roa d veh icle s. My hu sband and I rec cnll y
rece ived a notice on our fr on1 doo r, from Code Enforceme nt. regarding thi s ordinance. The notice de fin ed
an in ope rable vehicle as ... a ve hicle that lucks c urreni licen se plate s, or th at cannot move under it s ow n
powe r. or that is wrecked, dama ged, di smumlcd or incompl e1ely assembled .'' Ve hicle s, such us trni lcn;,
1h at cannol mo ve under their own powe r are, by definiti on. in operab le. Th e notice 1hen define s off-road
ve hi cles as "includes. but is not limited 10 , ATV, mini -bike , dirt bike. go-cart, dune buggy . per so nal water
craft. boa !. race ca r ai.J trail er, includi ng a trailer fo r any o f the foreg oin g. a nd even if such trail er is
properly licensed ." Th e notice goes on to say 1hat "to be in comp li an ce. an y ve hicle fining into either of
th e abo ve definiti ons. ma y nOI be stored on the fr ont se tback. includi ng 1he dri ve •..'ay or carport . An y
in operab le or off-roa d veh icle , mu sl either be stored in a full y enclo sed garage or to th e rear or si de of the
properl y, pro viding the vehicle is on a hard surface. beh ind a solid fen ce an d screened fr om view of the
adjacent propcnie s and public ri gh ts-o f-way ." Now, she said , I wo ul d like to read to yo u 1he defi niti on of
trail er ou l of th e Merriam Web ster Dicli onary . "Trai ler : a =.•ch icle th at is hauled by another ." A trailer wa s
never mean! 10 move under it's own powe r, but to be pulled behind a ve hicle that can mo ve under il's own
power . That is what it is des igned to do. Definiti on of ope rab le, out of th e same dictionar y. is "o perable :
fi1, po ss ib le or de sirable 10 use." With the forg oing definitions in mind . an in opcrnble trailer, wo uld be a
trailc:r that is no! fit , possi ble or de sirable to use . For example , a trailer that has • mi s~in g tire or tire s, axel s
or even a rotten bed, could fall under the definiti on of an inoperable trai ler. Also, unl icensed trailers could
be deemed inoperab le because they can't be used, lega ll y, on 1he streets. The trailer we kee p o n our
property, she said , is a fl atbed trail '!r that we use fo r many purposes . We can use it at a moment s notice and
ii is fully operab le for its designec! JSC. We hav e always kept the tags curre nt on the trailer . We don'! store
junk or other vehicles on it. Our garage is a detach ed garage, so we have a ve ry lo ng driveway . It is
approximately 90 feel fr om the fro nt of the garage 10 th e street . A person wou ld ha ve to actually be
loo king far up our drivewa y 10 eve n see th e trailer. Our trai ler is we ll kept and it loo ks ni ce. Tonight, I
propose that Coun cil am end 1he current definiti on of in operab le veh icle. 10 exclude trailers. Sh e point ed
oul that . under the c urrent definiti on, bicycles . scoo 1ers. ro ll er blad es, ro ll er skates, tric ycle s and even
wagons would have to be included under the defin iti on, as they are al so ve hi cl es 1ha1 can not move under
thei r own power . My suggesti on is that you amend the definiti on of in operable vehicle to include the lerm,
inope rab le trailer . whi ch wo uld be a trailer whi ch is •J nli ccn scd, wre cked , damaged. di smantled, or
incomplet ~\y assemb led . Thank yo u for yo ur time in all owing me to share my co ncern s. she said .
Ma yor Brad shaw thank ed Ms. Good all.
(b) Lei sa Sacry. 326 1 South Galapago Street , said I al so work at 4101 South Bannoc k Stree t.
wh ic h is lh e En glewood Pub lic Schoo ls building . I work for a co mpany called Co lorad o Assoc iati on of
School Executi ves. We are an assoc iati on for sc hoo l admin is trators around th e S1a1e of Colorad o. I
rece ntly rece i,·ed, in the mai l. a statem ent fr om the Eng lewood Poli.:e Department . end orsing th e head tax .
I bro ught it to my empl oy er, 10 make sure the y were aware that thi s is go ing 10 be co ming down the pip e. if
ii is appro ved in November . Thi s is going 10 be coming oul of my pa ychec k. she said , as well as those of
my co-workers . 11 co mes to about $600 .00 . We are a small organi zati on or abo ut ch!vcn indi vidua ls. So I
brou ght it 10 my Exec uti ve Direc tor·s attenti on. and he said , abso lu1 ely not. So I am ju st co min g 10 let yo u
know that my empl oyer is no1 fo r thi s and we are in a budget cri sis ours el ves . To ha ve $600 ,00 more co me
out of our budget is go ing to be a hardship . in a lot of wa ys. I already get dinged fo r PERA, whic h is a
pu bli c sc hoo l re1iremen1 . as well as FICA. Th en to have anoth er $5.00 oul of my pa yc heck will not
dama ge me, but ii is slill a concern . I ju st wanted to brin g that to yo ur a11cn 1io n. Thank yo u. she: said .
Ma yo r Brads haw tha nk ed Ms . Sa cry .
8. Comnmniculions, Proc luma tiuns and Appolnlments
There we re no co mmun ica 1ions. proc lam atio ns or appointme nts.
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Eng lewood City Council
August 18, 2003
Pagc3
9, Public Hearing
No public hearing was sc heduled before Co uncil.
to . Conse nt Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT \VAS SECONDED, TO APPROVE
CONSENT AGENDA IT EMS 10 (a) (I), (I i) and (ill), ll• (b) (I), (II), (iii), (iv), (v), (vi) and (vii) AND
10 (c) (i) and (II).
(a ) Approval of Ordinances on First Reading
(i) COUNC IL BILL NO . 61. INTRODUCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INT ERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT
PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF
ENGLEWOOD , COLORADO .
(ii) COUNCIL BILL NO. 59, INTRODUCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH Tl-IE COLORADO
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF "BIG DRY CREEK TRAIL
IMPROVEMENTS" IN THE CITY OF ENGLEWOOD . COLORADO AND THE CITY OF
LITTLETON, COLORADO.
(iii) COUNCIL BILL NO . 60. INTRODUCED BY COUNCIL MEMB ER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLOR ADO
DEPARTMENT OF TRANSPORTATION FOR DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT
THE BROADWAY/KENYON INTERSECTION , IN THE CITY OF ENGLEWOOD, COLORADO.
(b) Appro val of Ordinances on Second Reading
(i) ORDINANCE NO . 51. SERIES OF 2003 (COUNCIL BILL NO . 47,
INTRODUCED BY COUNC IL MEMBER GRAZULIS)
AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF
CO LORADO , ECONOM IC DEVELOPMENT COMM IS SION FO R MARKETING AND
ADMINI STRATIVE ACTIVITIES IN THE ENTERPR ISE ZON E.
(ii ) ORDINANCE NO . 52, SE RIES OF 2003 (COUNC IL BILL NO . 52.
INTRODU CE D BY C'OUNC IL MEMBER GARRETT)
AN ORD IN ANCE,. ,E ND ING TITLE 15, CHAPTER I. SECT ION 2, DEFINITIONS, PAJ<AGRAPH
C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CORRECT LANGUAGE AND
PUNCTUATION IN THE DEFINITION OF "NUISANCE ."
(i i i) ORDINAN CE NO . 53, SERIES OF 2003 (COUNC IL BILL NO . 54,
INTRODU CE D BY COUNC IL MEMBER GARRETT)
Englewood City Council
Augusl 18 , 2003
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AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF
TRANSPORTAT IO N FOR AND CONSTRUCTION OF SIDEW ALKS ON U.S. HI GHWAY 285 IN THE
CIT Y OF ENGLEWOOD, COLORADO.
(iv) ORDINANCE NO. 54, SERIES OF 2003 (COUNC D. BILL NO . 55 ,
INTROD UCE D BY CO UNC IL MEMBER YURCHICK)
AN ORDINANCE APPROVING t\N INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY
OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD. COLOR ADO, FOR PC,
INFRASTRUCTURE, AND NETWORK ANALYS IS SERV ICES.
(v) ORDINANCE NO . 55, SERIES OF 2003 (C OUNCD. BILL NO . 56,
INTRODUCED BY COUNC IL MEMBER GARRETT)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH CO LORADO
STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH PROJECT ON LAND
'\PPLICATION OF SEW AGE BIOSOLIDS ON DRYLAND WHEAT .
(vi) ORDINANCE NO. 56 , SERIES OF2003 (COUNCIL BILL NO . 57,
IN;1: .':)UCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN ROCKY MOUNTAIN MOB ,
LLC AN::> THE CITY OF ENGLEWOOD, COLORADO , FOR THE LEASE OF CERTAIN PROPERTY
IN THE CITY 'S RIGHT-OF-WAY FOR THE FORMER GIRARD A VE .
(vii) ORDINA.''.CE NO . 57, SERIES OF 2003 (COUNCIL BILL NO . 58,
INTROD UCE D BY COUNCIL MEMBER NAB HOLZ)
AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE
ISSUANCE OF PERMITS FOR NEW SINGLE -FAMILY A TT ACHED AND MULTI -FAMILY
RESIDENTIAL CONSTRUCTION IN THE AREA LOCATED BETWEEN WEST EV ANS A VENUE
ON THE NORTH . WEST VASSAR A VENUE ON THE SOUTH, SOUTH TEJON STREET ON THE
EAST AND SOUTH ZUNI STREET ON THE WEST , FOR AN ADDITIONAL SIX MONTHS BUT
ENDING THE MORATORIUM ON THE SUBDIVISION OF PROPERTY .
(c) Re so luti ons and Moti ons
(i) CO NSTRUCTION CONTRACT WITH GOODLAND CO NSTRUCTION .
INC .. FOR SOUTH UN IVERS ITY BOULEVARD SIDEW AL KS . IN THE AMO UN T OF$151,7 I I.GO .
(ii) PURCHASE OF D•)DY f.R MOR FOR THE S.W.A.T . TEAM. FROM
PUBLIC SAFETY WAREHOUSE, IN THE AMOUNT OF S33.651.40 .
Mayor Brad shaw asked if anyone wa nt 10 pull an item off of the Co nse nt Agenda . No one did.
Vote results :
Ayes : Co unci l Members Nabholz. Moo re . Garrett, Wolos yn.
Yurchi ck. Graz ulis. Br adshaw
Nays: None
Moti on carried .
J I. Regular Agenda
(a) Approva l of Ordinance s on Fir st Reading
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v Council
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(i) Direc 1or Simpso n prese nt ed a reco mm enda tio n fro m the Co mmun ily
Deve lopme nt Depa rtme nt to adopl a bill fo r an ordinance authorizi ng th e purc hase of th e vacant rc sid cn1i al
pro perty a1 4673 So u1h Gran t Stree t. He sa id thi s pro peny has been idc nlifi ed to ass ist us with co nstru cti on
of the ne w AVS house . As yo u know, that program is a student build process and it is a year long process.
We have a contrac 1 to id entify vaca nt propc ny. so th at we ca n build one house a ye ar with th em. We have
be en working ve ry hard 10 tr y 10 find a pro pert y. h has bee n a liul e d1 ffic uh . Thi s, ac tuall y. is a pro perly
th at is bei ng put fo rward by th e Englewood Housi ng Auth ority. So. we will be purchas in g that pro perly
from them, takin g it off their hand s and building the AVS house 1hi s year. The fund s arc availab le. he sa id .
and the y are located within the Housin g Rehabili ta ti on Fund . We will be admini strat ing the project as we
have in the past. He noted th at is part of me City 's co ntributi on 10 th e cffo n .
Mayor Bradsha w asked if there were any qu es ti ons fo r Dircclor Simpso n.
Mayo r BrJd shaw asked Mr. Sim pson if we ha ve sold 1he AVS house we built thi s year . Mr. Simpso n sa id
no. we have not. She as ked how long it has been li sted . He replied si nce abo ut Ma y.
Mayor Brad shaw as ked if that was the house built in nonhw es t Englewood. That was our ex periment on
those lots, she said, to sec if a sin gle .family house would sell. Mr . Simpso n sa id yes, a singl e.family house
on a large lot would sell. We can provide so me feedback of what we hav e heard fr om int ere sted pan ics. if
yo u would like . at a later date . Ma yor Brad shaw said I know that the year before , the Housing Authorit y
had a horrible time tr ying to se ll their A VS house. bec au se by the tim e yo u add ed the cos t of the land and
then the a~!~al mat erial s. it end s up being ver y cos tly . I think we ended up ea ting $15,000.00 on that.
Direc tor Simp so n sa id it can end up beco min g a more cos tl y prope rty from ti me to time . Wh al is
co ntributing . a littl e bit . 10 th e cos t of 1he Wesley propen y. is th e size of the propeny. We are includin g the
cos t of !he properly up I.here and 1hc dem olit ion of the old house, in additi on 10 th e ne w hou se, as yo u
would in any inslan ce. We are still . so mew hat. nego tiatin g with th e Housin g Auth ority . There is a
potentia l that it may be purcha sed n1 a sli ghtl y lowe r pri ce. he sa id , but we will be very co nsc ious of tryi ng
to put it in at a reaso nable mark et rat e.
Mayor Brad shaw said I have .i lhm1ght that I would just like to put be fo re Co uncil. Wh y co uldn '1 th e Ci ty
do an A VS house one year. and then if it does n't sell , 1hcn the y aren ·1 strap~d with starting an other
project? Do yo u sec what I mean ? We coul rl alternate wit h th e Housing Auth orit y every oth C":r year. :
don't know if th at would make se nse. she sn1 ·• bu! it seem s 10 me. th at way, the Housin g Auth o:-it y is
carrying th at o ne house until it sell s. We had 10 carry the one on Inca until ... ) •.1.·.mt to say Occe m~er or
January of thi s ye ar, hefo re ii so ld .
Co uncil Member Yurch1 ck sai d don't we ha ve mo re pro rcny on Wesley th at we ca n build on'!
Mr . Simpso n said ii is not ava il abl e. bec,1use it is still wi 1h in 1hc moratori um an.:a.
Council Member Yurchi ck said I th ought we we re go ing to le1 th e subd ivis ion occ ur . Ma yo r Bradshaw
said we had the one pro pcny ow ner here. th at one ni ght. Mr . Simpso n said that ac tu .1 1l y, yo u an: right , it
could occur starting now . The pro blem was the timing with AVS . We actuul\y need to get thal propert y
start ed now. Their sc hool yea r starl cd and the timi ng 10 ge t lhe fou ndati on, is probabl y th is wee k. We arc
loo kin g to break gro und , based on yo ur ac tions tonig ht . If yo u choose not to do th is. he said. we will have
to pos tpo ne th at.
Co un cil Member Wol osy u said do I und ersumd yo u to be say ing tha t we don't :ipprove thi s and we let the
Ho using Autho rity be !h e one s wh o give the land th is year . Mayor Bradsha w said it is not an altc rna ti vc ... l
don't know , but we ha ve the agree ment with A \IS and 1hc Housi ng Au1hori ty does n't. Mr . Simp so n sa id
1hat is co rrect . Ma yor Bradshaw noted th is is a Housin g Authorit y lot that th ey bo ught . It is a beaut iful lot,
she sa id , and actu all y, it wa!-fo ur lots toge th er.
Mr . Si mpso n sa id we would have to go bac k to the Hou!ii ng Authorn y and check with them before we
co ul d do th at. and make sure tha t th ey arc wi llin g 10 take on AVS .
Englewood City Council
August 18, 2003
Page 6
Mayor Brnd shaw sa id ii mi ght be too late 10 co nsi der I.h at thi s time. but in the future I wou ld rea ll y hkc us
10 work together on 1hat. II is jusl a tho ught.
Counc il Member Nabho lz sa id I agree wi th you , but I also wa nt 10 make sure it is not detrimental to th e
A VS Progra m. hecausc it is such an exce llent progra m for the kids.
Co uncil Member Wolosyn sa id so, in th e fu ture, tha1 wo ul d be it " Ma~·o r Brad shaw sa id yes, in th e fu ture.
Cou ncil Member Yurchick sai d, did yo u say th at thi s was four lots? Ma yo r Bradshaw sa id thi s is two of
fo ur , ri ght? Mr . Simpso n re plied thi s is a si,,glc buildin g lot. l thi nk it is two lots. The.y ended up
purchasing two bu ild ing sites. This e nd s up Lcing 1wo ci ty lots of 25 feet , so it is a 50 foot wide lot.
Mayor Bradshaw sai d 1he house design is already done? Mr . Si mpso n said yes, we worked wi1h 1he AVS
slud cn~ !his summ er on ii already.
Mayor Bradshaw sa id so let 's get thi s organized be ncr fo r next year and , maybe , we cou ld altern ate
programs.
Co uncil Membe r Grnz uli s sa id I like the location o n th is o ne, it is in my neck of the woods.
Mayor Brad shaw asked if there were an y other que stions for Director Simpson. There were no ne .
Mayor Brads haw th ank ed Mr . Simpson.
COUNCIL MEMBER GRAZULIS MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (I) -COUNCIL BILL NO . 63.
COUNCIL BILL NO . 63, INfRODUCED BY COUNC IL MEMBER GRAZUL IS
A BILL FOR AN ORDINANC E AUTHORIZING THE PUR CHASE OF 4673 SOUTH GRANT STREET
BY THE CITY OF ENGLEWOOD, CO LORADO.
Ma yo r Brad shaw asked if there were any qu es ti o ns or co ncerns . There were none.
Vote results:
Mot ion carried .
Ayes: Council Me mbers Nabho lz. Moo re. Garren. Wo lo syn,
Yurchick , Grazuli s, Bradshaw
Nays: None
(ii ) Senior Plann er Graham presen1cd a recom me nd ati o n fro m th e Co mmunity
Deve lopment Dcpa nment 10 adopt an emerge ncy bill fo r an ordinance enacti ng a temporary moratori um o n
auto -related uses in the B-2 Busi ness Zo ne Di stri ct. He sai d 1he bill before yo u is to npprove a temporary
moratorium o n auto uses that wo uld run until Marc h 3. 2004. approxi mately six mo nth s. The affe ct of th at
wo ul d be to stop the establ ishm ent or ex pan sion o f auto u~es. The use s are lis 1cd in 16-4-12 (C). numbers
4. 5. 13 an d 15. The rati o nal e here is th at thr:sc uses repre se nt an encroac hm en t on yo ur sa les tax base and
preclude oth~r uses tha t wo ul d provid e re iai l sy nergy and he lp us ac hieve the Co un cil's goal s fo r
Bro:1 dwa y. By doing th:1t, he sai d, the y are detrimental 10 the commun ity. The moratorium would give us
n chance 10 get in fro nt of th e Planning Commi ss ion. and then 10 Co unci l, wi lh amendm enls to th e Unified
Deve lop ment Code 1ha1 wou ld require 1hese uses lo go before the Pla nn ing Commission for n condi ti onal
use pe rmit in the future .
Ma yor Brad shaw asked if there were any qu estio ns or co mments.
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Englewood City Coundl
August U , 2003
Poge 7
Co un ci l r-.km ber Yurc hi ck said I am goin g to vo te yes on thi s, hu t I do haven prob lem, as we disc ussed in
th e St ud y Sess ion. obo ut sin gli ng out any one business. But. he said , I am vo ting yes on the ass umpt io n
that this is going 10 he lp bro:idcn 1he foc us on unde r-utilize d propcny, and not focus on one !ipcci fi c
bus ine ss . long term .
So noted. Mr. Graham repli ed, r.oted.
Co un cil Membe r Grnzu li s sa id I co ncur .
COUNCIL MEMBER WOLOSYN MOVED, ANr, IT WAS SECONDED, TO APPROV E AGENDA
ITEM 11 (a)(ii) -CO UNC IL lllLL NO . 62 .
COUNCIL B[l.L NO . 62. INTRO DUCE D BY COUNC IL MEMB ER WOLOS YN
A BILL FOR AN EMERG ENCY ORDINANCE ESTABLI SHI NG A TEMPORARY MORATOR IUM
ON THE ESTABLISHMENT OF AUTO USES IN THE 8-2 BUS INES S ZONE DISTRICT , FOR A
PERIOD OF SIX MONTHS .
Vote r esults:
Motion carried .
Ayes: Co uncil Members Nabh olz , Moo re , Garrett , Wolosyn,
Yurchi ck. Graz uli s, Brad shaw
Nays: None
(b) Appro val of Ordin:mccs on Second Rea ding
Ma yor Bra dsha w stated that Agenda Items 11 (b) (i) and (ii) relate 10 Charter chan ges. One is about the
pu bli catio n of ordinan ces and lhc oth er is abo ut remov ing outd ated lan guage in the Cit y Chan er.
COUNC IL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APP RO VE AGENDA
ITEM 11 (bl (I) -ORDINANCE NO. 58, SERIES OF 2003 AND AGENDA ITEM 11 (b) (II) -
ORDINANCE NO. 59, SCRIES OF 2003.
(i) ORD INAN CE NO. 58. SER IE S OF 2003 (COUNC IL BILL NO . 34,
INTR ODUCE D BY COUN CIL MEMB ER GRAZU LI S)
AN ORDINAN CE SU BM ITT IN G TO A VOTE OF THE REGISTERED ELECTO RS OF THE CITY OF
EN GLEWOOD AT THE NE XT SCHED ULED MUNI CIPAL ELECT ION A PROP OS ED
AM ENDM ENT TO ARTI CLE V, SECT ION 40, OF TH E ENGLEWOO D HOME RULE CHART ER.
Co un L:il Member Ga rreu said I would like 10 make a qu ick comm e nt. As we di sc ussed. what this docs is it
eli min ates th e need 10 necessaril y pu bli sh eve ry ordinance in full . For exa mpl e, we arc looking al a fai rly
sig nific ant change th at wo uld amend a 101 of th e Code . In ord er to pu blish it in the newspa per, it wo uld
cos t us ... l be li eve it was cs tim atert at up to $80.000 .00. II see ms like a lot of money to spend in these
eco nomi c tim es. So. at Co un cil's di sc rc1io n. we wo uld have 1hc opti on to eith er publi sh in full or by
refe rence o nl y. So I Just wan ted to make sure peop le knew th ere was a rea so n why we we re doi ng tl>is, he
said. and to cl .mfy th at.
Mayo r Br:..ds haw said the pub lic wou ld have access lo fu ll copies o f any th ing ... th cy wo uld be avai labl e at
th e Lih rary and oth er public places. So. it woul dn't be hidde n an ywhe re . she sai d, ii is j ust a mo m"' fa ctor.
Co unci l Meml>cr Wolosy n said . also , we are n't doi ng th is rig ht now. we arc placi ng it on the ba l1 01 fo r th e
voters 10 deci de.
(ii) ORDI NAN CE NO. 59, SFR IES OF 200 ) (COU NCIL BI LL NO . 35,
INTR ODUCE D BY COUNC IL MEMBER GllAZUI JS)
Englewood City Council
August l 81 2003
Pngc 8
AN ORDINAN CE SU BMITTI NG TO A VOTE OF THE REG ISTERED ELECTO RS OF TH E CITY OF
ENGLEWOOD AT Tl-IE NEXT SC HEDULED MUNI CIP AL ELECT ION A PR OPO SED REPEAL OF
ART ICLE X (F INANCE ADM INISTRATION). PART Ill (BONDED INDEBTEDNESS). SECT IO N 10\'
(S PEC IAL OR LOCAL IMP ROVE MENT DIST RICT BONDS: GENER AL BE NEFITS : SPEC ,AL
FUN D). OF THE ENGLE WOOD HOME RULE CHART ER.
Mayor Brads ha w sai d th is is 10 climinah' so me langua ge in the Cit y Charter , rega rdin g a fund we dlm'1
eve n use any more .
Vole results:
Ayes: Co uncil Members Nabh olz, Moore. Garrett. Wolosy n.
Yurchic k. Graz uli s, Brad shaw
Nays: No ne
Molion carr ied.
(c) Re so lut ions and Mo1ions
(i) Dir x lor Eato n prese nted a rcc"m mcndatio n fr om th e Human Resources
Department 10 ado pt a re sol ution ap proving the sa lary p;·ovisions of the Co llective Bargni ning Agree ment
with the Englewood Firefighters Associ:nior. for 2004.
Ma yo r Bradsha w asked, are we co rrect in assuming th al th ey ca me in with a zero pcrcc nl increase . Ms.
Eaton replied th al is correct. Ma yo r Br.id sha w asked Ms. Eaton to co nvey Co un ci l's thanks to them .
Direc tor Eaton said I will .
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 73, SE RI ES OF 2003.
RESOLUTION NO. 73. SERIES OF 2003
A RESOLUT ION AUTHOR IZING THE CO LL ECT IVE BARGAI NIN G CONTRACT BETWE EN THE
ENG LEWOOD FIREFIGHTERS LO CAL NO. 1736 AND THE CITY OF ENG LEWOOD FOR THE
PE RIOD OF JANU ARY I. 2004 THROl'GH DECEMBER 3 1. 2004 .
Vote res ults:
Moti on ca rri ed .
Aye s: Co unci l Mem bers Nab holz. Moo re . Garrett. Wo\osyn,
Yurchick. Grazu lis. Brads haw
Nays : No ne
(ii) Direc tor Ea ton pre se nted a reco mm cnda1 io n fr om the Human Resu urces
Department to ado p1 a reso lut ion approving the salary provisio ns of th e Co ll ective Barga inin g Agreemen t
wi th !h e Engl ewood Poli ce Benefit As soc iatio n fo r the yea rs 2004 and 2005.
~la yn r Brad shaw sa id the Police Benefi t Assoc iati on ca me in at zero pe rce nt increase. Ms. Ea to n replied
th ..il is correc ,. \,fayo r Bradshaw sa id plca ~c co nvey our thank s IO 1ht m. Direc1or Ea 1on said I will .
CO UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPR OVE AG ENDA
ITEM II (c)(li) -RESO LUTION NO . 74, SERIES OF 2003 .
RF.SOLUT ION NO . 74, SER lES OF 2003
A RESOLUT ION AUT HOR IZING Tl-IE CO LL ECT IVE BARGA INING CONTR ACT BETWEEN Tl IE
ENGLEWOOD POLI CE BENEF IT ASSOC IATI ON AND THE CITY OF ENGLE WOOD FOR Tl-I E
YEARS 2004 -2005 .
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Englewood City Council
Augusl 18, 2003
Page9
Vote results:
Motion cnrried.
Aye s: Co:.nt;J Members Nabholz. Moore. Garre n. Wolosy n,
Yun: .;ck, Grazuli s, Bradshaw
Nays: None
Mayor Brad sh aw thanked Ms . f.1\ll'h fo1 all her hard wor k.
(iii) Seni or Pro;r .... 1 Engineer Van Nostrand presented a recommendation from the
Littleton/Englewood Wastewa ter Supervisory Committee to approve, by motion. a contract with GE
Energy Services, for rehabilitation of Electrical Switchgear equipment, in the amount of $197 ,500.00.
He said the equipment was ave, 25 years old, and the contract would rehabilitate and rebuild the
switchgear, to get them up in top notch condition again .
Mayor Bradshaw asked if there were any questions for M• Vi·· No!oi;-· . .i.
Council Member Wolosyn said just that this is o ne of thu :.c , . .,_!"~::~~ tl"lr>.! we split with Littleton. Mr. Van
Nostrand said yes, it is a capital expense..
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT WITH GE ENERGY SERVICES, FOR Rllfu\.!IILITATl(l'.'; OF ELECTRICAL
SWITCHGEAR EQUIPMENT, IN THE AMOUNT OF $197,500.00.
Ayes : Council Members Nabholz, Moore, Garrett, Wolos yn .
Yurchick, Grazulis , Bradshaw
Nays: None
Motion carried.
12 . General Discussion
(a) Mayor's Choice
(i) Mayo, Bradshaw sa id I see that Mr . Young is here this evening. I want to thank
yo u and your guys for comint bat z.ero. That really means a lot to the Council and it is a state ment to the
ci tizens that we :uc all a family and that we will wo rk togeth er in time s or budget crisis . So thank you very
much , she s:iid.
(b) Council Members' Choice
(Clerk 's note: Agenda Items 12 (h) {i) through (iv) were considered out of ord er.]
Council Member W'llosyn sai d I would like to sugge st an amr tmcnt to Council Mr ·nocrs ' Choice 12 (b)
(i) that we amend it. by ch ang rnc the lev y to $2 .00 a month hcaJ lax .
Ma yo r Bradshaw sa id I would like 10 propose that we huvc ii at $2 .50.
Cou ncil Member MOt"rc sai d it might be helpful if we gel all of the se out al once, if we cou ld .
Mayor Brad shaw asked ifhe was talking about the blend? Mr . Moore sa id we have four options in fr ont of
us and I want to make sure that the convcrsntio n is not ove rl y narrow .
Mayor Brad shaw said is that all right , that we pul all of them out the1 ~? But tt,.cn , she sai d, we need to vote
on each one separately . Good point Mr. Moore, she sai d.
Co uncil Member Moo re said I will get staned , for di sc ussi on, if I may . As far as :1c option on item 12 (b)
(i) goes. if we pursue an OPT o nly , I would like to sec us pull it down to $2.50. as we ll . But I would also
Englewood City Council
August 18 , 2003
Page 10
lik e 10 di scu ss wi1h Counci l the idea of doi ng a combinalir · ball ot question 1ha1 would lower the head ta x
even further and present 10 th e voters a hend ta x of $2.00. i),,r nlso bring n property tax into it of a I mill
levy . We arc loo king at cuts in total that we will make. h 1{ we u 1u ld like to suppl ement wi th so me
additional funding . !lowc\Per, cuts wo uld still be rcqui ,'--d· The$:!. ,o on the hcaJ tax gets us there . but if
we can do the combination, we could lower the head IOI'\ further to reduce that burden. The mill levy also
will r.ot be a signifi can t increase th at ou r ci tizen s would OC asked u· bear, but it would get them involved in
terms of being a pan of thi s reques t for additional taxes,·-:-,.:-,:nimi zi the cuts that we havr: to make. So, fur
me, I'm tr yi ng to balance between a $2 .50 head tax so lcl), , .. •. st.~ rt:ling a comb inati on que st ion. which
would be a $2 .00 head ta x and a I mill le vy. Counci l Membc:r fyo los yn asked how much is a I mill
Jevy ... on a house valued at S200,CXX).00. since our ave rage house price is $190,000.00.
Mayor Bradshaw said , Mr . Moo re , I have a co ncern about lumping two things like this together. I think
they need to be separate. We recei \'cd that memo fr om CML, Colorado Municipal League, and I would
rather see a ball ot proposa l for a head tax for a certain amount and a property tax at 11 certain mill, and
separate them and let the citizens have a real decision, instead of putting them together. That is whei.~ I'm
coming from, she sai d.
Council Member Wolosyn said I'm th ere a:rn. This was a very hel pful sheet th at has ail of the uu
propositi 'lns that ha ve been offered si nce TABOR passed . What we do in ou r government now i! we pass
the se ideas on to the citizens. I felt a linle murky about putting three thing s o:, with th e rccreali {J n, but I
could justify them , beca use they were so rt of all like things, from one depar~m.!nt. And thi s, I think, is
different and I think pc:.oplc should participate in the decisions we have to make. I would be able to be ou t
there speaking for both, I Lllink , on the two se parate issues.
Council Member Yurchick said my C"onccrn with splitting th em is that we create a sit uati on where we get to
vote on somebody else paying all the lax and you pay no ta x. Y, ,u sec what I'm say,ng?
Mayor Bradshaw said that is making :-n assumption that the citizen would not volunteer to help out with the
budget crunch.
Council Member Yurchi ck said. we ll , from the correspo nden ce I've seen, mos t of the citizens arc for the
OPT tax and not the property tax . That is my only concern.
Ma yo r Bradshaw said my concern is I think we say th ese arc some ideas and which one s shall we do and
based on what passes , then I think we make the cuLi;. But yo u prefer to ha ve th em hooked togethe r?
Counci l t,..'cmber Yurchick sai d right. and everybody shares the pain a little bit.
Mayor Brad shaw sa id maybe we shou ld deal wit h that iss ue now, hooking them together .
Council Member Moore said it looks like on a S200 ,000 .00 hou se, I mill levy would increase the pro perty
tax about $18 .00 a year .
Mayor Bradshaw said so what is Co uncil's plea sure?
Counci l Member Nabho lz said I am 101 in fa vor of puning them together . Based on all th e corrcspondcnre
I have recci ,cd, th rough persona l contacts, phone calls and letters ... l'm agai nst th e OPT tax .
Mayor Bradshaw sa id so you arc agains t puttin g them 10gcther? Ms. Nabholz sa id yes.
Mayor Brad shaw said okay. Ms . Nabholz and Ms. Wolosy n arc not in fa vo r of that and I'm not in favor of
that. She as ked Co uncil Member Graz uli s for he r preferen ce . Ms. Gr az uli s sai d I would rath er not see
the m lum ped together.
Council Member Wolosyn sai d one rea so n I would be in fa vor of it is. we would be son of togc th er ... if we
we re all together, but it seems lik e we are not. My gut le vel ins tinct is that $18.00 is nothinJ! nnd I would
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Englewood Clly Council
August 18, 2003
Page II
think tha1 would be a good thi ng to pu1 on th e ball o1. but I feel it make s th ing s unc lea r to pe ople .. 10 put
1hcrn toge th er .
Mayor Brnd .i haw said yes ... to me that says lhc y arc th e same .
Counci l Member Grazuli s sa id I feel fl IN of people. thnl I've spoke 10. arc fo r the head tax, but I'm r.ot
sure ho w they feel 11bou1 the propcny tax . l"d hate to sec the head iax lose.just beca use of the mill levy .
Beca use th ey wou ldn't understa nd that it is onl y $18 .00 . So we need to, perhaps. get out there with more
info rmati on about exactly what a mill lev y would me.in to th em. Then may be both wo uld pass , she said .
(iv) A resol ution submitting to a .. a te of the registered electors of the City of
Englewood a questi on on the November 4, 2003 ballot rcgnrding the le vy of a head tax on both the
employee and the employer of all employees in the City of Englewood and the levy of a property tax, wa s
con:. dered .
CO \1EMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGEN DA
(Tl h·) -WITH THE INSERTION or $2 .00 PER MONTH AND A I MILL LEVY.
Ma . as ked Counci l if there was fonhcr di scussio n. There was none.
Vote resu 1.
Ayes :
Nays :
Abstain :
Motion defeated .
Council Members Moore, Yurchick
Council Members Nabholz , Wol os yn , Grazu lis. Brad shaw
Cou ncil Member Garrett
Mayor Bradshaw sa id Item 12 (b) (iv) is off the l:lble at thi s poi nt
(ii) A resolution submitting to a vole of the registered electors of the City of
Englewood• question on tlte November 4, 2003 ball ot regarding the levy of a SI0,000.00 per lot
occ upationa l pri vilege ta.x on automobile dealers with in rhe City of Eng lewood , was considered.
Mayor Bradshaw sai d this is a proposal we talked abo ut. h wou ld assess a S 10,000 .00 tax to people who
have car lot businesses in Englewood ... putting that for ward to the vo ters . I don't know th at we have th e
vo 1es. so why not move it and get it out of th e way, at this point.
MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12
(b) (II) AND TO INS ERT THE WORDS "A LEVY or UP TO $10,000.00 PER LOT."
Ayes: Council Members Moo re . Bradshaw
Nays : Council Members Nabholz , Garrett, Wolosyn, Yurchick, Grazulis
Mot ion dcfca1ed .
Ma yor Brad sha w said wc arc now dow n to two item s. We are down to 12 (b) (i), whic h is the h~a d lu.
think we all agree th at $5 .00 is 100 muc h.
Council Mem be r Wolosyn said if I put an ame ndm enl nu t fu r $2.00. may be we co uld vo te on it and then go
from there.
Counc il 1\-,embcr Moore asked if ii would be all right with the Counci l if we dealt with the mill levy fir st. It
migh t affcc l the op inion on the head lax, he sa id .
Mayor Brad shaw and Co unci l Member Wolosyn sa id lh al's a gl)()d poi nt
Englew ood City Council
Augusl 18, 2003
Page 12
(iii) A reso lu1 ion submiuin g 10 a vo1c c,f lhe rcgi s1ercd el ec tors of the Ci 1y of
Englewood a quc slio n on the :--:ovcmber 4. 2003 ba ll o1 rej!:irdin g the le vy of a propcr1y la x. was l:O nsidc rcd .
COUN CIL MEMBE R MOOR E MO VE D, AND IT \\'AS SECON DED , TO APPROVE AGENDA
IT EM 12 (b) (Iii) -RESOL UTION NO . 75, SER IES OF 2003 , WITH I MILL.
RESOLUT ION NO . 75 . SERIES OF 2003
A RESO LUTION SU BMllTL'IG TO A VOTE OF THE REG iSTEREO ELECTORS OF TH E CITY OF
ENGLEWOOD, COLORADO. AT TH E NEX T SCHEDULED MUNI CIP AL ELECT ION . THE LEVY
OF A PROPERTY TAX OF I MILL.
Mayor Bradshaw as ked fo r di scussion.
Mayor Brad shaw said I think 1ha1 in 1he event that one passes and one doc sn·1 , 1ha1 we need to cove r the
same doll ar amount We need 10 make them similar , so I wo uld go for a 1.4 mill levy .
Co unci l Member Moo n: said I just wa nt to clarify so mething . You would go to the vo ters proposi ng a total
of ... wha1e ver. $2 .8. $2.5 mill io n ... ac ross the two ta xes. Mayo r Brnd sha w sa id ri ght.
Co unci l Me mber Wo losyn sa id IO th e extcn r th at any of us will be ou t th ere 1alking abou1 this in th e
communit y, it is mu ch easier fo r me 10 do it with real num bers ... I mill le vy and ask peop le 10 vo te fo r bo th
and not loo k like I want yo u to v01 e for both a nd the n we want 10 have more money . l would vote fo r I
mill levy , she said.
Co unci l Member Garren said let me make sure I und erstand 1he math, before we go too far . Th e propos al
on 1he ta ble ... the most I've heard was $2.50 fo r the head tax. Mayo r Brad shaw sa id tha t wo uld ge nerate
abo ut $1.5 mill io n. Mr . Garrett said , ro ughl y. wi th $100.000.00 in admini strative costs bui lt in1 0 1he $1.5
milli on. And the I mill levy wi ll brin g us ro ughl y S400 .000.00 a nd change ... so me whe re in th at
neig hborhood. Ma yor Brad shaw sa id rig ht, so th a1 would be about $600,000.00. so we wo uld reall y o nly
be at $2.1 milli on, with bo 1h of !h em.
Council Membe r Wolosy n sai d for me. the head 1ax. as we ha ve been di sc uss ing it, ha !-neve r been abo ut
so lvin g all of our fi sca l problem s. That is not what I am wan ting 10 do, so I cou ldn 't vo1e L.,a , way . To me
th is has been about slowly chan gin g the bo tt om lin e of our reve nu e ba se in thi s communit y.
Ma yo r Bradshaw said my concern is, wilh 1he c uts we have propose d fo r the 2004 Budget. th a11hc re are no
improve ments . Thi s is j ust 10 keep us eve n. If we wan1 10 add 1hin gs back like Sa fe ty Se rvices. or police,
or di ffe rent programs fo r recreation or cus1odia l staff for new buildin gs we arc just openin g. lh en we are
go in g to hav e 10 have additi ona l revenue . She sa id that the issue wi t the prope rt y tax is 1ha1 if T ABOR
ht1d not pt1 ss cd , our mill levy assessmen t would be at 8.0 mi ll s. With TABOR co nstantl y r:ll chet ing down.
we arc now al 5.5 mill s. What I was tr yin g 10 do. is just ge t back so me of !hat that TABOR has taken away
fr om us. That is wha1 l wa s trying to do. Give people a rea l choic e on w er:: the money comes from. she
said. th at is wha t I was think ing .
Council Membe r Wolosyn sa id. fo r me . si 1cc I know ,,e have alwa ys sa id tl 1_;s 1 th e schoo l dis tri ct,
1raditionall y, uses th is as th eir fundin g so urce ... a nd in all proba bilit y th ey w ill nave lo come bad ... if th ey
don'11hi s yea r, but ma ybe next year ... ! re all y don'! wa nt to have peop le fee lin g th :11 th ey gave too mu ch
th is yea r.
Mayor Brad sha w sa id my conce rn is 1h :11 the sc hoo l di str ic t is nOI going fo r !hi s. The sc hoo l di stri ct al so
wa nts reso urce officer s in th eir sc hoo ls and th ings like that , but th ey wan t th e Cit y 10 ca rry the burden . If
bo th of th csr: thing s pass. th en ma ybe we co uld put those reso urce o fficer s back in !he sc hoo ls. If th ey
don·1 pass, we can 'l. That is wht.:rc I'm co min g from, th al we need to give the ci1izcns a choice . She
oo inl cd out th a1 i1 is ou r job m do the researc h and we have done the tough cu1 s. Now , if peo pl e wa nt to
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Engle wood Clly Council
August 18, 2003
Page 13
add prog ram s bac k. this is where th ey Slart addin g !hem bad . And . she noted. the schoo l distric t is 110 1
go in g for a mill levy increa se thi s yea r.
Co uncil Mem t-cr Wolnsy n said what is I ~mill ' Ma yo r Brad sha w said about $1 mill io n. Ms. Wolosyn
sa'l.i I mean. JX • houst hold .
Counci l Me~ :1 .:r Gam·'I said 1 ll'il1 is S 18.on . so it is ro ughl y one half more, so it would be abo u! ~9 .00
more .
Di rcctc,r Gryg lcwi cz yiJ yt:. that is right. Mayor Brad shaw sa id so make it 1.5 mill s and make it $27.00.
Ma yor li 1J l.f>1 h ~v said w gr, to 1.5 mills . I hear th e bu sin ess co mmunity sayin g "well. yeah the citi zens arc
going to · 1l •:us in , .. , i},ar they can ride on our b:i cks." I say , wait 11 minut e. wait a minute, we have fair -
minded citizen ~, k-t ·, put both proposal s ou l 1here and lei the citizen s <lecide . The $5 .00 per month head
tax ... th at wou ld ha,·e cured a l01 of stuff. but we aren't going to do it. My concern is give !hem two ball ot
issues and let people ch oos e. I don't feel like I can make all the deci sions . We have done the cutting , she
said . and I think we need to put fo rward decent propo sa ls.
Council Member Wol os yn sa id in the spiril of wha1 I sa id I learned from thi s, I'm going 10 agree to
compromise, becau se we're sp lit and this does sh ow a record of puuing the se things out 10 th e peo ple .
Counci l Member Yurchick said !just would lik e 1he Council 10 decide , fir st of all . the 101111 goal. We are
1S 3.5 million short . How much of the $3.5 million do we want to make up ? The n, he said , that impacts how
•:. ! le. ,le at the head tax and how we look at the mill levy .
Cou ucil Me mber Moore said I agree with Mr. Yurchick . The way I appro ac h thi s is that we are going to
the voters with so mewhat of a dollar level. We can do ii wit h a combinati on of things . bul I perso nally
don't want to go 10 the voter s looking like wc arc aski ng fo r it all . Mayor Bradshaw said we aren't ,
Co un ci l Member Garrett said one perspecti ve. if the concept is 10 di versify ... is to raise th e property tax a
bi t, becau ~,.. : is now lower than we were and actu all y ask for both . whi ch then lead s 10 Mike's que sti on. If
we appro • toth issues for the ballot, which is what yo u wo uld hope the Council wo uld want 10 promote,
what is u ., ,. Jmbcr?
Mayor Brad shaw said wh at is the nu mbe r. if we get bo1h , ut 1.5 mi lls and a $2 .00 head tax?
Council Member Yurchick said my questi on is what does Council want . no! what docs the math work out at
the different level s. Mayor Brad shaw said you just asked for the math . Mr . Yurchi ck said no . I didn 't. I
asked at what level, does th e Council wan 1 to fun d, the $3.5 mill io n shon fall . Do we want to do $1.2
million ? If we do $1.2 milli on, than we figure 1.5 mill levy . whi ch is $600,000 .00 . So we ba ck int o the
other $600,000.00 on the head tax , he sa id. and then decide wh at the head lax is go ing to be .
Mayo r Brad shaw said my concern is that eve r sin ce I got on Council , I said we ha ve to diversify the
revenue st ream . All right . now \Vha1 docs Co uncil want 10 add ba ck in ? We all looked :11 that li st, of the
different thing s that we re being hil. when we start ed wi1h 1hc Safet y Services Depanm cnt. And I don't
think :my one of us th ought that wa s a good way 10 do busine ss. but given the con straint s of no addi1 ional
reve nue so urces. no di versi fi cati on of reve nue sources comin g in. 1hen those were 1he cu ts we had 10 make
to bre ak even. Now. what thi s is doing is . thi s is in crea sing our Fune! Balan ce, that is sc nrily low. We
should have two mont hs in re serve. Do we have a rm n1h ? Direc tor Grf glewic z said yes, 1he budget ri ght
now is looking at about one month , which would be about 8 percent . Mayor Brad ~naw said if we would
have any maj or lhi ng hap pe n, we would be in trouble . We could say we are pulli ng these in reserve . My
con cern is that we have to diversify the revenue stream ... we ha ve to . Now with the se dollar am ount s, we
are still go ing 10 be cullin g. Instea d of cutting a wh ole ... if one pa sses we will cu1 two-third s, if bo th pass
we will only cut one-third . Thos e are ll number s I was lookin g at . she said .
Council Member Yurchi ck said , so you sc i bo th of them at rou ghl y a S J.2 ,mllion level.
Englewood Ci ty Council
Augusl 18 , 2003
rage 14
Mayor Brad shaw s~ud th e S2.<)0 head tax 1s SI milli on.
Counc il ~,!em be r Yurchi ck said . in fo ll ow in g her logic, if one pas ses, th at cove-rs one-th ird of the sho rtfa ll
and if th ... other one passes. th at covers the other third. so tha 1 men ns ro l.ghl y. $1.:! ,:ii:!i on eac h. So lha t. he
sa id, is why I wa nl to know whal leve l Cou ncil wa nt s. Wh at is Co unci l's largc t?
Ma yor Brad sha w sail:i "hat 1 was loo kin g at was. if we wo uld go with a $2.50 hea d ta x and 1hen I had a 2.2
mill idea. mo . DL· )OU ~ whnt I am tryin g 10 do? Yes. we arc cuttin g bud ge ts. bul I'm still conce rn ed that
our fun d balm.cc is ,·er:,. ve ry low. The sc hoo l dis tri ct main ta in s n 25 percent fund balance. That is thr ee
month s. Bein g a full serv ice cit y, I thi nk we owe it to our c it ize ns to have that type of fund balance. We
al so have a mi ll io n dollars tho.1 we ca n'1 touch fo r an y reason. beca use of TABOR . Th at has 10 sit out
there . If we use it, we have 90 da ys to pa y it bac k. So wh y use it . It just has to sit there. It is up to
Counci l, she said. and I need to j ust quit talking and li sten.
Counci l Member Yu rc hi ck sa id . but th is mone y is n't be in g earmark ed to increa se th e 'und balance.
Ma yo r Bradshaw said I th ink th e head ta x should go to Safety Ser vice s, because 1.hat is so methin g that the
busi nesses re ly heavily on. t co uld sec the pro peny tax goin g to resource offi ce rs or thin gs lik e th ai fo r th e
sc hoo ls, custodi al or other cit y services.
Co uncil Mem be r Wolosy n sai d tha1 is geuing a lin le precise . Mayo r Bradshaw sai d he as ked fo r precise.
Co uncil Member Yurchick said I didn"t ask exac!ly wh ere th e mone y was goin g to go, I just wa nt ed to
know wha1 part of the $3.5 milli on the Co uncil wa s 1,villin g 10 try 10 mak e up with taxes.
Mayo r Brad shaw asked how much a S2.5 0 head tax would redu ce th e defi cit. Director Gr yg lewicz said
abo ut $1.2 milli on. The cwts rig ht now are lookin g at abo ut S3.5 milli on. he said , so there would be
signifi ca nr expenditure cuts . even with thi s.
Mayor BrJdshaw sai d and 1.5 mill s is how mu ch? W.r. Gryg lewicz replied 1.5 mill s wou ld be abo ut
$627 ,000.00.
Co uncil Me mber Garrell sa id $2.50 woul d be cl os er lo $1.4 milli on, if S5 .00 equ als $2.8 mi lli on, so it
would be hair.
Di rec tor Gry glew icz sa id we ha ve calcul a1cd it based on 22.000 empl oyees at S 1.3 20,000.00 a nd you
wo ul d pro babl y need about S IOO .OCX>.00 or less 10 admini ster that. so you wo uld net abo ut S1.2 milli on.
Mayor Bradshaw said. well . th ese arc guesses anyw ay. So what is Council's pl easure? We have a moti on
on the tab le fo r I null prope rt y tax .
Counc il ~·1embc r Yurchick said wh at abo ut th e sun se 1 provisio n? We ha ve tal ked about th at in the pas t.
Do we want 10 sun se t 1hi s or arc we go in g 10 put it on there foreve r? It is my understandin g. and corre ct me
if I h:1ve the num be rs wrong. but at the end nf 2007 we sta rt ge llin g the propert y tax ba ck fr om the EU RA
dist rict. Cit y Man ager Sears sa id th at Mr . Gr yg lcwi cz and I ha ve talk ed about it and Ci ty Attorne y
Brotz man can jump in he re t"o, beca use I know h: is in vo lved with the le ga lit y of when th a1 ha ppe ns. But
1ha1 will occur. app roxi matel y. in the mi ddle of 2007 . Th at is when th at money comes back and it is
appro xim ate ly S800 .000.00 in sa les ta x. currentl y, and abo ut Sl.2 milli on of prope rt y tax . b th at co rr ec t.
Frank ?
Direclor Gryglcwi cz sa id we arc no t exac tl y sure ri ght now . We arc wo rk ing with the tru stee :1s 10 when
th at ta x in crement w ill end . But . we are pro posin g ri ght now that the entire increment end s in 2007. And if
that docs ha ppe n, ~e sa id. we wi ll ,·oll cc t abo ut fiv e month s of sal es t:a x fro m th e incn.:rn en1 at that ti me, but
the prope rt y tax wili "'IOI be co ll ec ted unt il 1hc fo ll owing ycn r.
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Englewood City Council
August I 8, 2003
Page IS
Co unci l Member YurchH:k said in four or fi ve yea rs. we wou ld be loo kin g at roug hl y S2 milli o n in
additional rc,•enues . Director Gr)•glcwicz said no . In 2003 the property 1ax 101al paid to the tru stee was
abo ut $962,000.00 and a portion of '"hll ·vould co me back 10 the Ci ty. probably in 2008 .
1\ml , Co unci l Member Yun:hi ck \Ill <'.~~()() 000.00 in sa les iax Direc1or Gryg lewicz sa id the sa les tax. for
2002 ... fo r the full yea r. wus about $943.0uO.OC . M1 Yurchick su id ... so S I .8 milli on. lota l.
Counci l Member Wolosy n said sn you are sayi ng that is the amount of prope rt y la x 1ha1 would have come
••J :he Ci ty and would not be goi ng to th e Cou nt y'! Director Gryglewicz said it is goi ng 10 the tru stee to pay
' ,11d holder s for th e bo nds. Ms. Wolos yn said th ere is a portion of ii still go ing to lhe County as it always
!>ho uld ? Mr. Gryglewi f7 -:·.-1 J · • .: Coun ly co :Jecls it and th en it is forwarded to the trustee . Co unci l
tt~cmbcr Wolosyn sa id rn):.. ~s tion is ... onl y a pon ion of1he propeny tax goes 10 EURA. th e bo nd hold ers.
ir th :u right ?
Director Grygle•.vicz sa id the entire levy goes to the bond holders, bu t the Ci ty's ponion is th e $962.000.00.
Ms Wolosyn sa id th at wa s my ques ti on. thank yo u.
Council Member Yurchic k sa id with th e sun se t provision. in five years we ha ve $1.8 million in new
reve nues co min g to th e City. Mayor Bradshaw sa id that is in 2003 dollars . Mr . Yurchi ck sa id who knows
what it is go ing to be in 2007 ... ass umin g everythi ng remains the same.
Mayor Brad shaw asked if Mr. Yurchick want ed to pul a sun se t provi sion on th e propc n y lax . Mr . Yurch ic k
sa id ma ybe on bo th of th em.
Mayor Bradshaw sai d a ca ll for th e question wo uld get us to make a decision one way or another .
Counci l Member Wolosyn sai d I wo uld sunse t it on the property tax. Using the sa me argument .. that we
:ire try in g to diversify ... l wo uldn 't do it on the $2.00 head lax .
Mayor Bradshaw s:iid I would put it on the properly iax, because it's tapping into th e sc hools.
COUNC IL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO AMEND AGENDA
ITEM 12 (b) (Ill) WITH A FIVE YEAR SUNSET CLAUSE ON THE PROPERTY TAX .
Ayes : Co unci l Members Wolosy n, Yurchick, Grazu lis
Nays : Council Members Nabholz, Moore , Garrell. Brad shaw
Motion defea 1ed.
MAYOR BRADSHAW MOVED , AND IT WAS SECONDED, TO AMEND AGENDA IT EM 12(b)
(ill) TO 1.5 MILLS.
Ayes: Ma yo r Brad shaw
Nays: Cou nci l Members Nabholz, Moore , Garrett, Wolosyn, Yurchi ck,
Gra zuli s
Moti on defeated.
Vote results on the motion to uppron Agenda Item 12 (b) (Iii) -Resolution No. 75, Se rles of 2003,
with! Mill:
Ayes: Co uncil Members Moore. Garrett, Wolosyn. Grnzu lis, Brad shaw
Nays : Co un cil Membe rs Nabholz. Yurchick
Motion ca rri ed .
(i) A reso lut io n sub miu ing to a vo te of the registered elec tors of the Cit y of Englewood a
qu estio n on th e November 4, 2003 ballot rega rdin g 1he lev y of a five doll ar per month head tax on bot h th e
emp loyee and 1he employer of all empl oyees in the Cit y of Englewood, was considered.
Englewood City Council
August 18, 2003
Page 16
COUN CIL MEMBER WOLOSYN MOVl:.ll, AND IT WAS SECONDED, TO APPROVE AGENDA
!TEM 12 (bJ (I)-RESOLUTION NO . 76, SERIES OF 2003, WITH A $2.00 PER MONTH HEAD
TAX .
RES OLUTI ON NO . 76. SERIES OF 2003
A RESOLUTION SUBMITTING TO A VOTE OF THE REGIST ERED ELECTORS OF THE CITY ','
ENGLEWOOD. COLORADO , AT THE NEXT SCHEDUl,ED MUNI CIPAL ELECTION , THE LEVY
OF A TWO -DOLLAR -FR-MONTH HEAD TAX ON BOTH THE EMPLOYE E AND THE
EM'.'LOYER OF ALL EMPLOYEES IN THE CITY OF ENGLEWOOD .
Mayor Brad shaw asked if there was any di scuss ion.
Mayor Brad shaw asked if there was an amendment for a sunse t pro vis ion. There was none .
Mayor Brud.1haw said I will be voting against this , bec ause 1 think S2.00 is too low.
MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND AGENDA IT EM 12 (b)
(I) TO A $2.50 PER MONTH HEAD TAX.
Mayo r Bradshaw noted th is is $2.50 for the omplo ycc nnd $2 .50 fo r the employer .
Vote results :
Ayes.:
Nays:
Ab stain :
Motion defeated .
Mayor Bradshaw
Council Members Nabholz , Moore, Wolosyn, Yurchick . Grazuli s
Council Member Garrett
Vote results on the motion to approve Age nda Item 12 (b) (I)-Resol ution No . 76, Serles 0£2003, wllh
a $2.00 per month head tax:
fi.~1yor Brad shaw sa id thi s is a $2.00 head tax on both empl oyee and emp loyer.
Mayor Bradshaw said , in li ght of the fa ct that I wan! to win o ne of the se, I wi ll vote in fav or or this one .
Vote results :
Aye s:
Nays:
Ab stain :
Moti on ca rried.
Council Members Moore, Wolos yn, Gra zuli s. Brad shaw
Co unci l Members Nabhfl lz, Yurchic k
Co unci l Member Garrett
Ma yo r Bradshaw sa id $2 .00 per IT'Onth head tax will be on the bal1 01. as we ll as a I mill levy.
Co uncil. .. good process. she said , and thanks for yo ur pati e nce in working throu gh thi s.
(v) Co uncil Member Wolosy n sa id I think I have heard three iss ues abo ut
inoperable vehicle tick ets and I was under the impress ion, when we voted on th at. that it would be en fo rced
by complaint only . l am wonde ring if that is the cas e. she said .
Mayor Brad sha w said it is by co mplaint only . I think, the conversati ons I had with people. was that they
felt like they were blind sid:d . They didn't even sec it coming. Council Member Wolos yn said ma ybe it is
just a mancr of education . Mayor Bradshaw said yes, it is an edu cation proc ess. Thi s is one of the things
that came out in our City Survey , that we need to clean up the properties .
Cou ncil Member Wolosy n said no one has bee n angry.
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Eng lewood City Co un cil
A ugu.st I 8, 2003
Pag e 17
Mayor BrJ dshaw sai d no . people hav e hr.:cn ve ry kind abou1 i1, bu! I do thm k 1h;11 maybe wt• m~cd 10 send a
definiti on o f a trail er ba ck 10 it-,. Code Lr.urccrne n1 Adv i!-iu ry Cnmmince .
Counc il Member Moo re sai d my rewlk . ..ii on w,1:11ha1 we 5J)(C1fic111l y discui-i.cd tr ailer~. m the cun1c~1 o f
ATV s, and wha1 not. I ,, ! ,i, r ,h .. , ~rc-:.s io r. thal a trailer wa~ not rnnMdc rcd an innpcrnb lc \'chi de
il'l.'.'if
Cit y Attorney Brot zman Sb. •l i, 'Tlcn iioned in the same ordinance wi lh ATV s. ounl·11 Mcnllx:1 t-.foorc
said yes, it is menti oned with r1:spec t 10 11;,ile rs used 1or ATV s. Mr . 8 rot1.m:111 i.111d 1h:111 t<1 cn rr c<.·t.
Ma yor Bradshaw said do wcju:,1 have ?O clea n up some lo.nt1 uagc'! i1y An urncy Um11.ma11 i.u1 d yes. it is a
cleanup iss ue . Ma yo r Bradsh t .•. '. th en. we will clea n up 1hc languu gc .
City Attorney Brotz man sairj there arc go ing 10 be severa l cleanup is sue s, as we g alo ng.
Mayor Bradshaw sai d 1hc.11 we will jusl take 1hem as we hear about them .
Co uncil Member Yurchick sa id I wo uld like to as k a que sti on. If th e tra iler is reall y sill ing 90 fee t nrf 1he
road , tec hni ca lly , it is in th e backyar I. The goa l of thi s law was ICI move thi s s1uff om of th e fro nt se tback.
he s,id , so I don't understand .
Mayor Bradshaw sa id maybe we need 10 revisit Code Enforcc menl 7 Have a litt le cha!.
Ma yor Bradshaw no 1ed we said it can't be vi sibl e fr om 1he stre et.
• Ma yor Brad shaw sai d so we wil l be co nstant ly 1weaking these orrlina nces.
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Mayor Bradshaw than ked the conce rned ci tize ns in the audi ence fo r co ming . If you have any que sti o ns.
she said, Office r Coll in s is in the audience, and he woul d be glad to chat wit h yo u.
City Manager Sca rs sai d fo r a point of clarification ... is thi s to go back 10 the Code Ad viso ry Co mmi lle e
and then co me back to Council. or is Co un cil talkin g about meeting with the Cod e Advi so ry Co mm 111ce'!
Mayor Bradshaw replied no, thi s is just 10 go ba ck to the m and li ste n to some of the co mplninl s that are
co min g in and make a re co mm end ati on back to us.
Counci l Membe r Yu rchick asked that a li st of those rnmplamt s be gathered and th en ,cm to the Code
Ad visory Co mmiu ee. so they know wha t we are talking about.
City Auorne y Brotzman sa id . actua ll y, Cod e En fl'rcement it se lf has several issue:. th .it they need
clarifi cat ion on. It wa sn't sc hed uled fo r 1he meeti ng 1hi s week, it is aclua ll y sc hedu led fo r 1he very next
meeting nex t mo n1h . so we will compile all th ose and bnng th em to Code Enforcement nex t mon1h .
Mayo r Brad !i.. ~c•id okay.
Cit y Mana ge r ! . said JU:-1 33 a follow -u p, if th ere are other co mp laint s that Counc il doe!<I hear abo ul or
have . please let uJ know .
Mayor Brad shaw sai d pl ease let the City Ma nager or 1hc Ci 1y Attorney know of any ot her phone c:11ls yo u
receive.
(vi) Council Member Yurchick said I just wan t to explain my "no·· vote on th e property ta:t .
The reason I voted ''no" on that, is I th ought th e two is sue s needed to be pre sented as a pa ckage, not
separately. So, I wasn'1 los ing my mind when I voted no, th ere wa s a reason behind ii.
Englewood City Col!Jldl
August 18, 1003
Page 18
Mayor Bradshaw said it a,~,::• helps. I thinl-. if we give the audience the reaso ns we arc voting different
ways, instead of just voting.
13 . City Manager's R•Port
City Manager sears did not hove any matter> to bring before Counc il.
14 . City Attorney '• llepart
City AnomtY Brotzffllll\ did not have any motterS to bring before Council .
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