HomeMy WebLinkAbout2003-09-02 (Regular) Meeting Minutes•
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ENGLEWOOD CITY COUN C IL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regulur Session
Se ptember 2, 2003
I. Call to Order
The regular m~c lin g of th e Eng lewood Ci 1y Co unci l was ca lled 10 order by Mayor Brads haw al 7:33 p.m.
2. In voca tion
The in voca ti oL wns give n by Co uncil Member Nnbholz.
3. Pledge or AUeglana,
The Pledge of Allegiance was led by Mayor Bradsha••·
4. Roll Call
Prese nt:
Absen t:
A quorum was present.
t .lso present:
5. Minutes
Co unci l Me mbers Nabholz, Moore, Grt.zulis, Garrett , Wolosy n,
YurchiC k, Brad shaw
None
Cit y Mana j?cr Scars
Ci ty Attorney Brotz man
Ass ista nt City Manager Flahcny
Cit y Clerk Elli s
Director Simp so n, Co rr.munity Deve lopmen t
Seni or Planner Graham , Community Development
Director Olson, Safe ty Service s
Sergean t Collins, Safety Services
(a) COUNCIL MEMBER GRAZllLIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 18,
2003.
M~"or Bradshaw as ked if th ere we re any co mm ents or corrections. There were none.
Vote results:
Motio n carri ed.
Ayes : Counc il Members Na bholz. Moo re , Garrell , Wolosyn,
Yurc hi ck. Graz uli s. Bradsha w
Nays : None
6. Seheduled Visitors
(a) Dale Flowers , 7255 So uth Sundo wn Circle. Littlet on said I am here represe ntin g So uth
Suburb an Park Foundation Group, whic h I hope yo u arc fa mili ar with, because you have been a partner
wit h us fo r man y, many years ia the building of the Urba n Trail along 1he Platte Riv er, from lh e Denver
city limits down into Chatfie ld State Park and beyond. Our most rcce r.1 orojcc l, comp leti on of :1 maj or
Englewood City Co unci l
Scplcmbcr 2, 2003
Page 2
pha se . was a milli on doll ar ex1en siu n. seven -tenths of II mile fr om Winderm ere Stree t to the Plane Ri ve r.
cross in g a mag nifi ce m $400.000.00 bridge. 1hat yo u a nd So uth Suburban. Li11 le 1on. Urban Drainage. etc ..
c1c. hdpcd fund . We are ve ry proud of th at exte nsio n and we arc co nti nuin g eas tward. 1oward Greenwood
Village. wi th 1hat projec t now. We ha ve no staff, v.c have very few e9cnses and over the yea rs we have n't
had much money to opera te on. bu t fo r thi s projec t ... th is milli on dol!ars, we t ''i a lot of ki ck for o ur bu ck.
We end~d up wit h so me admi nis1rut 1vc fund s th a1, we can't say wr don't need. but we wa nt 10 sec th.ii it is
judic iously used . A few mo nth s ago. we we re asked 10 parti ci pa' . .: with membe rs of the City s1uff and we
aue rnpt cd 10 gc1 a gra nt 10 plan fo r an Urban Fitn ess Trail that Mo uld vo fro m. basica ll y, Swedis h lfospi1 al
to the Ci tyCcn tcr he re. In meeti ng wi th all th e pr in cipa ls an C pa r1ic:, mvo lved. we 1houg h1 ii was a ve ry.
ve ry exci ting idea . Unfonu nately, he sa id, we did not rece ive that grant . We fo un d out th ere was
so methi ng lik e 600 grn nl subm iss ions fo r, I thi nk, th ree or fou r gra ms tha t were give n, so we didn 't ree l
tha t bad . On I.h e otl 1er hand, th at has kin d of been rollin g around in our heads, as we thi nk this is a
marve lous, marve lous idea . Because we have bee n fon una 1e eno ugh to have panners such as the Ci1y of
Eng lewood, we wo uld lik e to give to the Ci ty of Englewood a i:hr.ck t'.1 is eve ni ng . We arc always co min g
and askin g yo u guys fo r help, and it is awfu ll y nice to give bac k. Mr . Flowers said I have a check fo r
$25,000.00 to ki ck stan . we hope, thi s Urba n Trail projecl. He prese nted th e check to Mayor Brad shaw.
Mayo r Brad shaw th anked Mr. Fl owers . The audience showed thei r ap prcc ia1io n wi1 h app lause .
Mayor Brads haw said isn'11 hi s grea t. Thi s wi ll help us make it a rea lit y ... a fit ness/hikc/bi k: tra il fro m
Swedish Hos pital dow n to CityCenlcr Englewood . This is an awfu ll y good stan . She tha nked Mr.
Fl owe rs. And I wa nt Cou ncil to know. she said, that I ab stai ned when they voted for th is .
(b) To ny Raymo nd, fr om Fl ood Middle School 's Tec hno logy Team, said we are part o f lhe
TSA Chapte r. The TSA is th~ Tec hnology Stu den t Associa tion. La le Inst Spring, we had some
reprcse nl ativcs fr om our Team come 10 Cit y Co un cil and req ues t some fundin g to help ge t some of our
Tea m mem bers 10 the nati onal co nfe rence in Orl and o, Fl orida . The co nfe rence was hel d in late Ju ne. We
spenl two w..:rl.:!: on the road, driving 10 and fro m Fl orida. wi th eight middle schoo lers . Mayor Brad shaw
sa id ble ss yo, '•fr. Ray mond said it was a fun trip . These are just so me of th e stud ent s here toni ghl and
1hey have soi,. of th eir awards. Ton ight we ha"e a vid eo 1hal we prepared. II is a liul e so uvenir th at we
created fo r th e kids. bu! th e seg ment we wou ld li ke to show yo u. is actua ll y a litt le bi t of wha l the
conference wa s li ke , so th at yo u co ul d ge t so me idea of whe re your mo ney we nt. Th ese kids wor ked so
hard . They we re so exha usted and yo u will see that in th e video . And. yo u wi ll actua ll y get to sec th em at
th e award s ce remony. Al th e awa rd s ce remony, th e Sta te of Colora do hig h schoo ls and mid dl e sc hoo ls
combin ed. bro ugh t home 24 fin ali st pin s, whic h mea r.s th at 24 peop le fini shed in th e top 10 in the na tio n.
Of those 24. Flood bro ugh1 home 5. Of the 6 trop hie s the State of Co lorado bro ught home, Fluod brought
home 2. So , we rea ll y domi na ted 1he eve nt for Co lorado down there . If you woul d like to play the video.
he said, it is all c ued up .
Mr . Ra ymond co nt inu ed afl cr the video to say that was the TSA Confe rence . In addition 10 the confere nce,
we :il so visi ted the Oklah oma Ci 1y bombi ng memori al in Okl ahom:1 City . We al so visi ted Dcalc y Pia.::, in
the six -0oo r museum in Dall as . So they go t 10 see all of that histo ry as well. We go t to sec a co lor fu l side
of New Orl ea ns and fo r th ose of us wh o we re th ere. it was inte restin g. The~• also got lo go to Dh,ncy Wor ld
and cx peri c11ccd so me of th e Di sney mag ic. Th en on th e way home, we stopped in Atlanlll and \'is itc d the
World of Coke and slopped in .:,:1. Lou is and got to go up inside the ga 1eway arch. So. in addit io n to th is
TSA 1rip. th ey got to sec a whole new side of America tha t 1hcy have never seen befo re. I thin k mos t of
them had ne ver even been on a road 1rip , so th is \\ :i s a whole new ex pe rience fo r them. With out support
fr om Ci ty Ccunc il , we proba bly wo uld 1101 have bee n able to get 1hcrc . We wan t 10 thank yo u for 1r.a 1, he
said.
Mayo r Brad shaw th anked Mr . Raymond.
Counc il Me mber N:ibho lz said I wo ul d like to say somethin g whi le the ge nt le men arc .;haw in g their
tro phie s. I cou ld nOI be lie ve wh:11 thi s club did fo r my su n :md the oth er yo ung ladi es and µcn tl cmcn th:i t
were in ii, bu t I lake my hat off to Mr . and Mrs. Ra ymond . They too k :1 13 ye ar boy, who wa s \\t iling to
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Englewood Clly Counci l
September 2, 2003
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learn, and he c:1me bac k fro m th~ road lrip a gemkma n an d a yo ung man . I loo ked back un m} ~\'.houl
yea rs :ind it wa s about fi fth grad e that I rea li zed 1hat my 1eachc r actu all y t,ad a fir s1 name. I mu sl s:1y 1
teacher will alwa ys. at so me po int in your li fe . leave an imp re s!l ion. Mr . and Mrs. Ra y1 r.o nd hJve left an
impress ion with th ese young kid s and with me, and fo r 1ha1 , us a moth er, I thunk yo u. I am go ing to be
help ing out with the hi gh sc hool i:h apt er now. she said .
Ma yo r Bradsha w said . you guys, we are ~ pro ud of yo u. Thank yo u. Lets give the m a ro und of applau se.
There were given an ro und o' --~au se.
(c) Paula Sparacino. Richard s Motors. said thank yo u for all owin g me to speak to ni ght
re gardin g the em erge ncy Ord inance No . 62 . My hu sband an d I ow n Ri chard s Morors at 3809 So uth
Broad way . We :-re ~ \mily owned and operated independ ent dea lership . In additi on 10 my dutie s and
respo nsibilitie s at Ril,1 .ds, I'm also a Director of the Independ ent Automobi le Dealers Associ ati on of
Colorad o. Ordinan ct ,,.,. 62 was brought to my attenti on by th e CIADA Executi ve Direclor. I fell sli ghtl y
out of touch with what , 'JS happening in my own ba ckyard . I wns unab le to attend the South Broa dwa y
Plan meeting , due 10 sc l,~dul ing co nflicts . I think it was sc heduled fo r Friday. Augu st 15th • Now I know,
she said . that 1 am going to ha ve to attend more meetings to pro tect my li velihood . I ca ll ed the Seni or
Planner , Mr. Ma rk Graham, to ge t more information regarding the proposed plan , and also 11sked about
Ordinance No. 62. I was told that the lack of sales tax that the deniers collect for the City, is one of the
main reasons fo r the ordinance . However , he said that Richard s Motors is not a pro blem and that we are
fine. St\ I re poned back to Mr . Fe y and got on with my business. On Monday, Mr . Cook came in to vi sit
with us regarding this same ordi nan ce . He hod a co py of the bill for us to read and asked us to attend the
meeting . so here I am. I read the ordinan r and the first thing I th ought was that thi s totally di sc riminate s
a(!1ti ;1st one group of busin esses . Then I called the Mayor and was told that Ric hard s Motors is a premiere
lot and that we don't need to worr y. and she illso indicated that the ordimmce was pul into place to stop the
proliferati on of fl y-bJ-mght car lots. In addi tion, she indic ated that there have been citi ze n complaints
about ha ving 38 car dea lers on Broadway. I felt strongly that the Pl annin g and Dcvelo pmenl Dep anment
wa s tr ying to pull a fast one , so here I am to speak with th e Council and ask that they table thi s bill ond
work with the community . w11 :~h includ es th e dealers . to work out an equitable so luti on. so th at al l of us
wh o ha ve been in thi s area for many year s, can co ntinue 10 sta y. Richard s has been on the same co mer fo r
over 22 years and has been in th e Englewood area for over 30 years. It appear s that there is a clande stine
mov ement afoot to prevent an y additi onal auto related busine ss es to move onto South Broadway. It also
prevenl s the exi stin g auto related busines ses fr om movi ng forward with any plans fo r the fut ure. My plans
will chan ge signifi ca ntly if thi s ordinance is pa ssed and addi1i onal zoning re gul a1ions arc put in to pl ace th at
coincid es with the South Broadway Plan. If yo ur whole plan is Lased on acqui sition of additi onal sales tax
to provid e fo r Cit y se rvices, then why aren't you re strictin g the CPAs. medi cal office s. clean ers. churche s,
tran si enl housi ng and alc ohol and dru g treatment fa cili ti es? With th is said . I want to go on reco rd as slat ing
that 1h is ord inance is di sc riminatory in na1ure against one parti cular group of bu sin .:sscs. and it should be
consi dered un constituti onal. The propo sed Development Plan is co ntrad ic tory in natur<:. You indi cat e thal
we didn't pro vi de sales tax es to your City . and in your Plan yo u want to prune ba ck the ret ail zones.
fa,c use me , isn't re tail where yo u ncquir: yo ur sales tax ? Also . you want 10 establi sh mun: multi .fam ily
unit s along So uth Broadway . Wh o. in their ri ght mind , would want lo live along thi s bus y street . le t al one
ra ise a famil y th ere . let al one put up with the tran sient pro stitutes and drunks that come out al night. It is
kind of sc ary down there . You want to eradicate the ugline ss . What I ha ve here are ph otos that we:-: 1akcn
last week al ong We s1 Co lfa.-::. You guy s ca n have th ese so if yo u don't mind , I'll app roac h and give the se
10 Co uncil. Mayor Brad sha w asked wh at are these photos vr! Ms. Spa ra cino repli ed th ey arc pi ctures of
car lots that arc no longer in busin es s. The Cit y of Lakewood also had a de ve l('l pmcnt plan 1h;11 didn'1
includ e th e aut o indu stry. and look what happened 10 their wo nd erful idea . There are several lots and
things 1h:11 have been sitting vaca nt for over 22 years. that the y can·1 do anything with becau se of th e
ordin ances th at ha ve been adopt ed. I suspec t th at redu cing the number of car dea lers on Broadway will
make your pl an work out helle r. howe ve r. thi s will brin g yo u a whole new set of iss ue s to dea l with . Man y
peop le from th e me1ro area come 10 the South Broa dway CJrrid or 10 purchase a vehicle . Th ey know !hat
thi s is an area wh ere th ere is a l:irge selec ti on of dea lers .vith varied in ve ntory. If there arc no dealer s. or
only one or two, :i s yo ur plan wan ls yo u to have , th e sc:lcc ti on will be limi1 cd. th us they wi ll not travel to
thi area. Th ey cert ain ly do n't come he re 10 shop at WaJ.Mart. or f amous foo twea r or any of those oth er
Englewood City Council
Septembe r 2, 2003
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re tail outl ets that !hey have in thei r own neighbo rh oods . If yo u wan t 10 keep Englewood as a de stinnti tin
ci ty. then lca~c th e car dea lers alo ne . Enfo rce yo ur cx is1i ng o rd inance re garding pro pert y upk eep. Do n't
all ow additi onal lots to pop up on property th at was neve r a car Im. Put a load li mit or. ~ rr,:c ts 10 kerp
tran spo rt tru cks out of the neigh bo rhoods . Work wi th the dealers . Ma ny of us arc trying le ovcrcom..: the
stcrco•typical used car dealer im ,ge t!;at still ex ists. I th ink thi s is ve ry evi dent wi ih mos t ol the
independent deale rs on Sou th Cro,1dway . You ought 10 be pro ud th at yo u ha ve quality :tealcrs. :i uch as
Ri chard s Motors, Valley Motors. De nver Motors , Caddy Shack , Ol di es but Goodies. j ust :o nam e a few,
th at call Eng lewood home . In conclu sion, I nsk thal th e Co un cil reco nsider th eir vote on 1l11~ orJi1111n re and
I want to reass ure thi s Ci1 y tha1 Ri chard s Mo1ors will stri ve 10 maintain an attracti ve busin ess 0 1~ South
Broadwa y. Tha nk yo u for yo ur time, she said .
Mayor Bradshaw th anked Ms . Sparaci no.
(d) Peter Horrigan, Just Right Motors, said thank you fo r letting me talk . I just wa nt ed 10 go
on the record that i am opposed to your wanting to change the zoni ng on South Bro adway for the car 101s. I
think it di scriminates against one business. There are a lot of businesses out there that don't collect sales
taxes ... why are yo u pic ki ng on just one ? Seco ndly, yo u are going to destroy our propeny va lue s, bec ause
these buildings , f; lot of these car lots . are pretty one dimen sional. Yo u are not go ing to be able to rent th em
ve ry easily. Oc: of the reasons yo u co ll ec t the propeny taxes that yo u do, is because of the rents we are
allowed to get from th ese lots. So, in a way , yo u arc goin g to be huning yo urselves, yo u will be collecting
le ss real estate taxes . I know , and I am sure th at I can speak for the res t of the dealers , that we sup pon o. lot
of th e loc al busine sses. A lot of local businesses ge t a lot of mnney from us too. I just feel it is almo st like
you are trying to stea , the properties , without ,;o mpcnsa ti on. \\· hat arc the ne xt businesses yo u arc going to
say you don't wan t here? Thank you , he sa id.
Mayor Bradshaw thanked Mr. Horrigan.
(e) Bill Marke l. Sharper Auto, sai d I rep re se nt 4000 South Broadw ay and 4651 South
Bro adway. The pr lpcl1)' In es th itt we pay are in excess of S 12,000.00. The main reaso n for that is th at
propcny va lues arc based on rental income . That is probably one of the major fact or.; they use in
co mputing propcny valu es. If yo u take a11 an tique store th at is located on South Broadwa y in Englewood,
it will pro bably bring $500 .00 to $1,100.00 a month . The same piece of property where the buildin g is set
back, has a 50 foot fr ontage or 75 foot frontage and 125 to the back. wi ll do three times th at amo unt. You
sa y there is no income from sa le s tax ... I rea ll y beg to differ wi th yo u. Peop le come to Englewood tCl buy a
used car, the y bu J tire s, they bu y b:·.tteries, they may ha ve p~ ,ntjobs, the y may go over here to Performance
Whee l and Tire to buy \\·hccl s ... there is a lot of residual bu yi ng , once a person bu ys an automobile ,
es peci ally a used aut imobile . There is al so the number of pe:i plc th ey empl oy . There are a lot people .
There arc mec hani c!', and there arc all types of young peop le th at work in the lots th at don't have dri ver
lki:nses. They work afte r sc hoo l as lot boys . I don't know ~ow they calcul ated the sa le s 1ax. I rea ll y beg
to differ with that . I don't know how they ca n single out exacll) how man y doll ars were bro ught in 10 the
Ci ty of Englewood on sa les tax just on car sale!'. People go look a; a car, they ha\'e lunch, and agai n, they
may go buy other items for 1he car they are buyi ng, they ma y make several trip:. back and fo nh th ey buy
gaso line , not to menti on the fact th at yo u are singling out one panicular segme nt of bu siness . 1vhi ch I find
absurd . You are taking a pe r~on who mak es hi s li vi ng bu ying and se lling cars and sayi ng you ca nnol do
thal :my longer, be .. au se of so me ordinance , when th e zoning is there and the zoning is int ac t. It says we
can dl• •h is, it has been on th e books forever and now all of a sudden , we ca n't. If we can't lease our
p1t1peruc s. we can't com mand the rent thal a car deal er will pay ve rsus a fl owe r shop or a gas statio n or an
ant i< • fi torc . Propcn y va lu r::;, i am sure , are not going 10 go dow n. Taxes never go down, th ey alw ays go
up . I .vo uld sugges t th e Cit y Cou ncil take 1 stron& loo k at their "pending . Maybe there is a way 10 cut
expcn i-cs, in ste:,d of increa si ng our ta x or puui ng a mora1orium l ''1 just the car dealers. Maybe !'OU should
fi gurr. .1 ut a wny to tri m your budgets and figure out a way to co nserve a little more. lik e we have all had to
do . Uur business is down tremendously, so me as mu ch RS 50 per ce nt an d we have laid off people . The ca r
busi ness is in th e rea l doldrum ,; at thi s poi nt. We have had five or six grea t years. It has bee n wo nd erful.
Not hing is fo re ver. My sugges ti on is t:1 a1 thi s mora 1orium be stricke n fr om the vo te . Look at yow ow n
budget, he said , look at you r ow n check book. figure out a way to ba lance it , leave the car dea lers alone, os
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Englewood Ci1 :,· Counci l
September 2. l003
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wdl as every 01hcr busine ss . and all ow them 10 ope rate honcs 1l y and w11h integril y. But to sin gle out one
pan ic ular business , to me. is un speakab le. That is all I ha,c 10 say. he said.
Mayor Bra dsh,1w 1h:mk ed Mr . Mark el.
lf) Bru ce Bc nm on. Blue Moo n Molors. sa id I'm nr.t a cu rre nt ca r dea ler on South
Broa dwa y ... I go t ca ught by th e mo ratorium . I was tr yi ng to deve lop a piece or pro perty in Englewood .it
2885 So uth Bro adwa y. but . due 10 so me situa tions, I wa sn't abl e to set 11 done by the morntorium deadl ine .
However, I have u lot of insight , abo ut be ing a new de aler . I have had a lice nse fo r qui re a rew yea rs, but
I've operat ... d o ur of my ware houses . I ha\'C !raveled around trying 10 loca te a lot and I am a lo ng ti me
Englewood resi dent. I like the way Engle wood docs their bu sine ss and I wanted to be on Sout h Broadway .
I made a fe w observ ati ons and one wa s that one ge ntl eman left South Broadway, And y's Car Lot, and hi s
ca r lot we nt to Colfa x. With the same crew and the same inve nt ory, hi s sa les went fr om 6 or 7 units a
month. the la st coup le mo nth s. to 50 uni ts a month . I know fr om my obse rva ti on and liste nin g to peo pl e
and in terview in g people on South Broa dway . th at it is not inc oncei vabl e that yo u could kill the goose 1hat
laid lhe go lden egg here , because as much a~ J want to be on South Broadwa y. I sec tha t Hi spa nics, in
particular, are not that comfortab le about co ming to South Broadway, whe n they c;m go 10 Co lfa x and
Sheridan. Those car lots arc thrivin g and doin g seemi ngly bcucr than the lots on Broadway . It see ms to
me, that the Ci ty wo uld be better served to have a co mmittee and then work from within the car lots and
devel op the trade of So uth Broadway and ge t people to co me to South Broadwa y to buy cars , do re sidual
purchases, rather th an clamp dow n on it wi lh a strict morat t'rium . If the eco nomy co ntinues to tank. and
God fo rbid we have another terrorist attack or so mething lik e th at, people that have been hangin g on by a
thcad. may just decide to fo ld up their lent, as there would be no opponunily for a property owner to take
the ir piece of propert y. where th ey have been enjoying inflated rents a nd tum it. They W"lu\d ha ve 10 let it
sit fall ow until the moratori um expires . Thal is not going to be a pretty sight. Ma ybe E11g lewood co uld
take th ese appli ca tions condi ti onal ly, instead of an outright moratori um . You co uld have a co nditi onal
rev iew proc ess, and if it is landsca ping yo u want , hold peo ple responsi ble fo r land sca pin g and make it a
litmu s te st and yo u ha ve to do ... whatcvcr . I think you ha ve the power to do that. I think yo u would be
better se rved to take cases on a case by case bas is. 1han to just cl ose the door and say, I'm so rry but we arc
go in g to rev iew thi s and hope that it all works out in six month s. Six mo nth s is a long time for a 10110 sit
vaca nt. There arc a co uple lots on Broadwa y now. that are va cant and so now th ey sit for six months . It
doc sn'1 seem to suit Englcwe,od's purpo se very we ll . he said . Thank you.
Mayor Brad shaw thanked Mr. Bennion .
(g) Ken Kauffman said. fi rst of all. I come to yo u as a property owne r and a fo rm er dea ler in
the Cit y of Englewood . I own 1he prope rt y at 4400 Sou th Broadway , which I have lea sed out 10 Mr.
Stallings of Eng lewood Auto Brokers. It :,..,azcs me . and I ge t di sg usted . that the Ci ty has targeted one
type of bu siness . I don't und ers tand how JjClling rid of the used car dealers in Englewood , will generate
more sa les tax for the Cit y than what is alread y being generated . We have all had to cu1 back on our
expe nses and ma yhc th e Ci ty ne eds to take a loo k at itse lf, at yo ur spendi ng and li ve within yo ur hud gc l,
hke we ha ve 10 li ve within in our budge ts . I know that all big and '-mall busine sses ha ,•c had to c ul back on
spending es pecia ll y since 9/11 . Lei me tell yo u how thi s morat ,riu m will affec t me perso nall y, he said . I
purch ased thi s propert y in 1985 as n place to ope rate my busine ss as n used car denier. which I opcrnte d for
12 yea rs. bu t main ly as an inves tme nt fo r re tirem ent. We, as small bu sine ssme n, whelh cr in the car
,usiness or other small bu sine sses. have a hard time sellin g mone y aside fo r re tirem e nt and usua ll y don't
,,ave 1he extra re source s 10 inves t in 401 (k)'s or oth er 1ypcs or rctircme nl accounts. Think of it th is way.
ho w \\i1u ld you re spo nd if so meo ne ca me to yo u and !O ld you th at yo ur rctircme nl acco unt h:id bee n c ut by
50 per cent? That is exa ctl y what you arc tryin g to do . My property , and other properti es that opera te on a
lease and purchase basis . arc won h more as a dealer ship th an any other type of busin ess that I can think of.
My pmpcny is nol big enoug h 10 le:isc or sell lo a bi g box store or a fa st food chain , so therefore . if I
ca nnot re -lease my p!'openy when this particul ar lease 1erminales, to anoth er ca r dea ler. I wo uld be fo rced
10 lea se to ma ybe an offi ce. donut shop or sandw ich sl1op, whi ch wou ld probab ly not i;cn cra tc as much
sales ta x r~"•·nu e as what ·s bein g gc ne ra 1cd already . I liu 11 ·1 kn ow how man y dealers there arc, hut I he ard
so meo ne say 38. The y all ha"c cmph>yces who ca t and shop and pay sa les lax in th e Cit y ur Engle wood .
Englewood City Council
September 2, 2003
Page 6
At le:1s t I know th at when 1 wa s opcr:uin g my bu siness, my emp loyees did that. You arc pro b:ib ly 1:1\king
abo u1 200 10 JOO peop le who pa y sales rn x in th e City ever y day . If yo u \\ant ed 10 propose a mora1orium ,
whi ch would not allow any more prope rti es to be de,·eloped int o dea lers hips. th en probab ly a l01 of us
wo uld ag ree wi th thal. But tak ing away what we already have . is not in th e bc sl in1erc s1 of thi s co mmunil y.
Think abou t what )OU are doi ng. he 3ai d. Thank yo u.
Mayor Bradshaw 1hankcd Mr . Ka uffman .
(h) Jack Reu tze l. Reut ze l & Associa1 es. 9 145 Eas1 Kenyo n Ave nue. sa id I am here tonight on
behalf of Bill Crouch. Mr . Crouch has bee n a property owner and dealer in Eng lewood smce 1963 . He
wo ul d echo all of the co mments th at ha ve been articulated here thi s evenin g, from a bu sine ss pe rspec tive.
He has reta ined me ... n land use lawyer ... to look at the morat orium fr om more of a legal aspect. Many of
the iss ues th at I was goi ng 10 talk abo u1 have already bee n di sc ussed. so I will try not 10 repe al th ose. Thi s
aftern oon, beca use of th e limit ed time I had, J deli vered 10 th e City Anomcy's offic e and Ci ty Co un cil's
offices a letter from my office . I want 10 mak e sure Council has that If yo u don'1, I have extra co pi es that
I will lea ve with yo u when I am done. Moratorium is a hos tile act. he sa id . and I 1hink we arc all fee lin g
somewhat on the de fe nsiv e by 1hc procedural way in whi ch thi s is co ming 10 yo ur nt1enti on here thi s
ev ening . Moratoriums ha ve generally been upheld whe n 1hey arc done in respo nse 10 a dire e merge ncy and
th e action is reasonably calculated 10 all ev iate the cris is. As far as I can tell , the emergency that yo u are
talki ng about is tha t yo u d,...n't think yo u arc gelling enough sale s tax fr om auto-rel ated uses. I wo uld
submit to you th at I do1 c:vc th at is an emergenc y wherf'; your po wer of a moral orium oughl 10 be
app lied 10. I don't think 11 ,...:,e is anything that you wo uld be doing in the nex t six month s that th e Planning
Department couldn 't continue to do, working wit h th e prope rt y owners and the car dcal c,ship s 10 bri ng
abo ut a amicable resoluti on to thi s iss ue, rathe r than declaring a six month mora torium . What 1 un ders land
the moratorium to be ... and I have hid a ch:in ce to read the ordinancc ... is basic ally . you asked for a time -
out so that the Plann ing Departmcn '. ca n co me up wit h J:-dinancc that limit s lh c lots ... and I've hea rd
different thin gs, I've heard yo u ar r. goi ng to limit the lu. ~1zcs. limit the setba cks, prohibit it...th cre is a
whole bunch of informat io n fl oa dng :lro und out here and I 1hink it is scaring all of us. We were al so tuld,
as th e fir st spea k\,, said . tha t "oh, Mr . Crouch's prope rties arc ni ce . yo u're not th e target," ye t I rc:i.d the
ordinance and th ere arc no exceptions fo r those type s of propertie s and , there fore. I don·1 lake an y so lace in
what we are hearin g fr om th e Pl annin g Department. He stated th ere is no dire emerge ncy to jusuf~ Lhc
im positi on of the mora torium . My under!ta ndin g is also that the propo sed ord inance is ba sed on
preliminary finding s of th e Broadway Pl an 2003 . Wh en I talk ed to the Pl anning Department . I fo und out
th at that Plan has not yet eve n gone th ro ugh publ ic hearing yet. I think there arc so me proce dura l d~.!
process iss ues when yo u arc basing a six month morat orium , th at is going 10 adve rse ly affect the nghts of
Mr . Crouch . and everyo ne else in thi s audience . or. , draft pla n. th at yo u know may change and change
sub stantia ll y durin g the public hea rin g prOl.'e ss. As we ha ve been told. th e bas is fo r the moratorium is the
inad equa cy of rcven ur. coming fr om th e use . although the other speakers have demonstrated tha1 th •:rc arc
other uses within th e 8 -2 zo ne di stric t th at generate no sale s tax revenu e, yet they are not 1hc targe t of any
such morat orium . Not onl y is it an equal pro te cti on iss ue wi thi n 8 -2. but within yo ur 1-1 zo ne
di stri ct...upon my re view of the Code. au1 0-re la1cd uses arc 1>e rmit1 ed uses in the 1-1. yet yo u arc not
att empti ng 10 establ ish a moralorium fo r those use3 , whic h put s the fo lks in 8-2 in an even more de spe rate
econmn ic di sadvan1age. against oth er car dealers" ithin th e 1-1 zone dis1rict. Your mora1orium, I believe,
foil s 10 delail the ste ps th e City will und ert :1ke to address th is iss ue. The refe rence, th M yo u will put
rev isio ns in th e zo ning ordi nance. is va gue and I don'! think ii passes due procc1.s mu ster. It is ou r wi sh
tha1 yo u kill thi s ordi nance on second read in g and inslca d, in the ne xl six mnnth s, wo rk wi 1h the prope rt y
owners and busi nes s ow ners to address your concern s, as we ll as thei r conce rns. in :1 produ cti ve mann er.
At 1!1c ver y le as !, I th in k what thi s has shown is that this is an iss ue ch at affec ts everyo ne's proj,cny ri ght s
sub stantially . At the very le as t, I think th is should be S<:hcdulcd fo r a fu ll pub lic hea rin g to all ow eve ryo ne
here ample o pportunity to present !heir views and evid ence, so !h at the full iss ue is before yo u when you
make yo ur determin ati on. As I sa id. it is a hos tile act and I think it is an unn ecessary act. Given the issli.:
th at yo u want to pre se rve and to protecl. he sa id, I thi nk you ca n do th at withi n the co nfin es of your po li ce
powe r, without in voking the moratorium . Th :mk yo u.
Mayor Bradshaw th an ked Mr . Re utzel .
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Englewood Clly Cou ncil
September 2, 2003
Page7
7. Unscheduled Visllor.;
(a) Amy Meyer said thi s is a slig ht change of subjcc 1 from th e aut o mora torium . I would like
to presc n1 a petition that we have put toge ther regardi ng the Bates Loga n off-leas h dog park privileges. We
arc in fa vo r of them . We have put toge th er a \iule letter tha t I will read and th en hand over the pc1i 1ion to
yo u. "We re present a group of Englewood res idents wh o would li ke 10 tnkc thi s oppo nunit y to let yo u
know how mu ch we enj oy and apprecia te th e off-leas h pri vilege at Bates Logan Park. The att ached name s
we re gat hered in form.1ll y over a co uple of evenings in th e park and re present onl y a fe w Englewood
re side nts who regularly use the park . Some of us take our dogs dai ly, so me only occas ionally. bu t we all
feel th at our live s and the li ves of our dogs are enriched by the experience . We have been able 10 lurn
neighbors into friend s, strengt henin g our sense of co mmu ni ty. In addit io n. we have met and befriend ed
many Denver resi dents and we watch shy, abused , re scued dogs blossom into wonderful pets . Ow par ks
arc for eve ryo ne's enjoyment and we wa n1 everyo ne who u:;es the park to have a sa fe and pleasant time .
We try to make sure all dog owners cl ea n up after th ei r dogs and keep them under control. Peo ple who do
not like dogs , or arc frightened of them, should not have to worry abo ut being knocked down or jumped on.
We also try to pa y ancntion to the wear and !car on the socc er field and move the dogs 10 other parts of the
park. Of course, we reali ze that not eve ryo ne fo ll ows the rules , and not everyone is consi derate of their
fello w citizens . We try U' educate those people as be st we can in an effort to keep the off-leash experience
pos iti ve fo r everyone. We ha ve, on occasion, told an owner that the ir dog was not off-leas h material.
When that fail s, we can rely on our area's code enforceme nt officer, rarolinc Faseruk , to handle infra:tions
calml y and fai rly . We hope the off-leash privilege can co ntinue and we pledge to wa r!~ with the Ci ty to
make sure it is a positive experie nce fo r everyone." Th ank yo u, she sa id . We have about 75 petiti on
sig natures. We have not aggress ive ly pursued this . It was just kind of so methin g we thought we would do
to present a positive fro nt to the privilege . We wo uld like to have an opport unit y, should we ever be at risk
of los ing the privilege. to present ah~ma ti ves , or more signa tures or however we ca n do tha t. Thank you .
Mayor Brad shaw thanked Ms. Me ye r.
(b) Paul Gaggini , 22 11 South Linc oln Street . sai d th ank yo u fo r all owi ng me to spea k. I nm
a ci tize n of De nve r and I would just like 10 than k yo u fo r you r off-leash dog park at Bates and Loga n. I,
and many other Denver residents , who use this park, go out of our way 10 sho p in Englewood and I j ust
wa nt to thank you. It is a great ci ty and 11 great id ea, he said .
Mayf'r ·1ds haw thanked Mr . Ga ggi ni.
Neal Mai sc h, 2939 South Linco ln Street. said I am here abou t th e derel ict vehicle law ,
whi ch wa:. passed on Jul y 14. 200 3. Unfo rtunatel y. I was gi ve n a ti cket on it. Thal was th e only way I
knew abo ut th e law . Then I ta lked to my neighbors. who also received ti ckets and I fo und out that nobody
knew abo ut thi s law . which was passed. that !-ays there can be no derelict ve hicl e without a six foot high
fence wit'1 a ce ment noor. so it b:-.s ically has 10 be in a garage . I have no garage . Eve rybody arou nd
Denver has heard of thi s law and .:ripled th e price of their land fo r storage. Ba sica ll y, what th e boa rd has
done is just, basically . created a hi!!rl 1;hip. I as ked a lot of peop le to ca ll the hoard und let th em know. I
don't know if the y ha ve done thi s or not. They arc afraid of retal ia tion fr om thi s board . I am aski ng for a
two-month res train ing order aga ins t Mi s law , so I can ga 1hcr signatures and bring them befo re you. so you
ca n check it out. Beca use I his is hurt ing a lot of peop le, nol just me. I am on SS l. My ve hicle has been
tarpcd fo r 1wo years. I have ne ver had a problem wi 1h it. The City Code Enforcemen t officer who gave me
this ti cket sa id she had to t:tivc me th e ticket, as it is the new law . She doe sn't know why th e law changed,
1ha1 she wa sn'I ava il ab le fo r lhe meetin g. But the law did, in fac t, change, so she had to give me the 1icke1.
So, therefore , I nm asking th at you hold off on enforci ng the ti ckets until we ca n wo rk so met hing out ,
beca use right now. I can't afford these tic ket s. And I ca n't afford $300.00 for a gara ge , he said . Th a nk
yo u.
Ma yo r Bradshaw thanked Mr . Mai sch.
Engle wood "'ity Co uncil
September 2, 2003
Page 8
(d) Ji ll Wil so n. 306 1 Su uth Ci r:1111 S1rec 1. said I just want to tell you th at. a yea r a,gu June , I
bought my first home in Eng lewood at 29n and I wanted to purcha se an oth er propert y in Euglcwood. I
gave my rca ltor ve ry stri ct guidc lincs ... li ke fro m Sherm an 10 Downing and Hamp ton 10 Yn lc. I onl y
wan ted to li ve near the dog park . That wa s a ke y. It has turn ed into a won derful neig hborhood with a grea t
se nse of co mmunit y. People rea ll y wa tch ou1 fo r yo u and it ha s been a grea t experience . So, I was so
happ y. I just bou ght my second home in Englewood . I. like many others. hope thi s pri vi le ge docs not go
away, she said. I reall y e nj oy it. Thank you .
Ma yo r Brnd shaw thanked Ms. Wil son
(e) Carol All en, 1959 Sou th Clarkso n Stree t, Denver, sa id I too . have been invo lved wit h th e
do g park fo r over a yea r now, and every time we go up 10 the dog park, we stop and make a purc hase in
Englewood. Maybe it is dinner a1 El Tepe haun. or shopp ing at Wal -Mart ... or any one of the independent
businesses, which we try ve ry hard to support. The park is an amazing, amazi ng ame nit y for n Ci ty like
Englewood . It is such an amazi ng ame nity th at I have asked my realtor to fi nd me a home near the park, so
th at I can co ntinue 10 participate in it and feel a pan of it , and not be someo ne who comes from anothe r ci ty
to use yo ur parks . Those of us in Denver do wan t to thank yo u, she sa id , and we are th ankin g you by
sup portin g yo ur businesses.
Ma yo r Bradsha w lh anl d Ms. All en.
(f) Rand y Plu sa id I am the dea ler prin cip al fo r Pkec 1 Motors, Inc .• loc :tted M 390 1 Sout h
Broadway. I am here 10 oppose Co uncil Bill No. 62. I feel what -1. 11 ue doing is restricti ng th e dealer
group that we have in our futore, as for as improvi ng or in creas;,11:; m.-r lot sizes. I have rece ntJ y moved to
thi s area from Co mmerce City . I chose Englewood, one ... because of the lot size th at I had , the quiJ li ty of
produc t th at I offe r ... I ha ve a hi gh-e nd. espec ially in SUV's. A lot of my c ustomers co me in from ot her
areas, but they do shop in th e area as far as purchasing gaso line. Sin ce we moved here, we opcr1cd up our
detail shop. We have three empl oyees that are in our retai l establishment. We ha ve three people at our
detai l shop. Those peop le all li ve in the ci 1y limits of Englewood. So by pl '!in g a restr icti on on n·.e for
future growt h, I fee l it is unco nstitutional. I lhink yo u have imposed so met hin g against me , th at I had no
opti on 10 agree or disag ree with . I am jusr here to speak on behalf of th e dealers that are here thi s even in g
and hope we can make a diffe rence.
Mayor Bradshaw thank ed Mr . Plu .
(r,) Harry Lest er. Harry's Specia lt y Cars, 3247 So uth Broadway. said I have a question of the
Co un cil. I have been in Eng lewood fo r 25 yea rs, opera ting und er the same name. I ha ve done everyt hing
that Engle wood has eve r asked me to do. I have done things above and beyo nd what th ey have asked me to
do, that I didn"t ha\'c to do. Like whe n I moved in10 my property , th ey did n't like th e barbed wi re that was
there. I didn 't say. it was there. it's grandfathc .. ed in. I took it dow n. I didn't have to. I so ld 10 fee t of my
propert y so that th e Gothic Theatre could open. :'hey cou ld not ha "c ope ned, had I not so ld them tha t
property. It wo ul d not have bee n permilled . I dea l wi th their tras h eve ry morning in the all ey . Nobody is
there to help me do it. When Englewood asked about the fcm.e. I put th e fo ur foo t fence up lik e they
re quested. The guy next doo r. he puts up a six root fe nce . I gue ss my que sti on is. for 25 yea rs of doing
what the City has asked me to do. is thi s my repayment? Is thi s what I gc 1? It doesn't eve n seem fai r. For
25 yea rs I have done everything yo u all have asked me lo do and I think a ny ot her car dea ler in here has
done the same thi ng. Jf you ha ve asked th em 10 do it. th ey ha ve done it. And th is is ou r repayment ? You
want to just run us out~ h 's just not right. he sai d. Th al is all I have 10 say.
Mayor Brad shaw th anked Mr . Leste r.
(h) G.ir y Leisy sa id I have two prope rti es in Englewood. 1300 West Quincy a nd -!955 Snuih
8ro:1dway . A co mpan y I ow n and mana ge cu rrently ha s nine emp loyees and it ~as a fa mili ar name to yo u.
It is Englewood Motor s. Inc. It as been in the City since 1960. It wa s staned by my fa th er and
gra ndfa th er. I guess mos t ever yt hing I came to say has alread y bee n I.Juc hcd upon ... real eslatc va lu es. the
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Englewood City Counc il
Sep le mber 2, 2003
r11ge 9
fo ct 1hut we brin g c us1orners to th e C it y, th e fa i.:t 1h:1t we feel it is simpl y 110 1 right 10 single out o ne gro up of
bu si nesses ... all of those ite ms are very impo rta nt. I wo ul d simpl y say. and I'm not goin g to be labo r the
po in t. beca use yo u have hea rd it enough. but I would sim ply urge yo u and tell you th a1 I wo ul d be very
h:1ppy to work with th e City. I fe el a littl e. I don't kn ow 1f slig hted is the right word .. .l kn ow thnt notic e is
se nt out abo ut Ci ty meetin gs . I as ked Mark Gra ham. when I spo ke with him a wee k or ~o ago. if a not ice
was se nt o ut on thi s? And . of co urse. there we re noti ces se nt ou t a bo ut those meetin gs . I guess, if all of us
here who are car dea lers or ow n pro pe rtie s. had know n the sco pe o f th ose meetin gs ove r th e las t few
me et in gs, we wo uld have been there . I wo uld volunteer my tim e a nd glad ly work with th e Cit y. I think
yo u need to se ri ously think abo ut wh at thi s does 10 th e busin ess rlimatc in Englewood . If yo u arc willin g 10
run one type of bu si ness out, I reall y fe el th ere is go in g to be a voice come ba ck at yo u and say, what
busine ss is next ? And 1 don't think yo u want that atmos ph ere in th e City of Englewood , so I would urge
you to reconsider thi s iss ue and ta ble it . s.J we can all di sc uss ii and don't put a mora 1orium on us. My
fath er had a saying. "business bri ngs busin ess, ac 1ion begets ac ti ,.m." I th ink we can bri ng a 101 of pos itive s
10 the Ci ty . I wi sh yo u wo uld consider that , he said . Thank yo u.
Mayor Bradshaw thanked Mr . Lei sy.
(i) Jon C. Cook said I li ve al 2466 South Cook S1r~1 in Den ver. By the way , my wife love s
the dog park '1.lso . She goes ove r there a couple time s a week . Th,s bill regarding the car lots on South
Broadway. is j ust reall y, really sc ary . I own quite a few properti es on South Broadwa y. automoti ve related
and other storefront propeni cs. The most problems I've ever had over the years. I hav e th em now. I have
had them las t year . in the last couple of years , is that all of us arc fi ght ing to survive the busine ss climate
that we are in . But all of my storefront properties ... when the y go va cant, they are vacant sometimes for a
year . some times longer. I ha ve worked wi th Englewood fo r several years with the beautific ati on cf the
buildi ngs and awning s and paint. signage and all kinds of th ings with my tenants . I coughed up the money
to help th em o ut. It has been an intere sting project th at yo u guys have been going along with , but al so, it is
not condu cive to bu sincss ... so mc of the things you arc doing 10 my tcnanl s. specifically in the 2800 bloc k.
We had a guy wh::rc we put up beautiful awni ngs , a new sto refro nt . wind ows and paint. Then they got into
an argume nt with yo u guys over a sign a nd now the awnin gs have all been ripped down and th ey pa inted up
the building in cand y striped colors . So, I have had a lot of other different small iss ues, but main ly it has
~en with th ese storefro nt properties. I don't wa nt any of th em. l"m getti ng Mom and Pop bu sine sses in
there . They arc in there fo r six mo nth s or a year. maybe th ey co llect sal es tax for yo u gu ys, ma ybe the y pay
it, ma ybe they don't The y don't pa y me all the 1imc. The best properties that J"vc had arc the aut ommivc
rcla 1ed properties . I've spent all of my life on South Bro adway ... since I was 12 years old . I love my
pro perties and yo u can go by every sin gle one of them and they are all ve ry ni ce. I get on my tenants to
take care of th e weed pro blems. or any graffiti, righ1 away . Sometime s, I actuall y ha ve can s ro lling aro und
in th e back of my car. as I so metimes tak e the graffiti off myself. Just th is weekend, 1 drove up and dow n
Broadwa y and loo ked at so me of the propertie s. and l think 1 have been around as lo ng as an y one of you
guys up here and I know almost ever y single addre ss on th e street. You guys or Englewood has cau sed th is
to happen . There are 32 of the car lots th at arc c urrenll)' in bu sine ss right no w, th at were oth er things.
Pri or 10 being a car lot, there were 13 houses. Now, I do n't know abo u11he sal es iax re venue thal was
gencr a1cd by th ose ho uses, but . to ni ght yo u ha\'e heard comm ents abo ut oth er empl oyees co min g to the car
lots and ge neratin g sales 1ax. One of1hcm was a doc tor 's offi ce. I don't kn ow how mu ch sa les tax doc tors
charge. It is place afte r pla ce. We had a ?•E le ve n store where Kenny wa s and 1h a1 moved up th e stre et and
the y built a ne w one . Wh at do yo u th ink . Ke nn y is go in g to sell it bac k In ?-El eve n a ncl ge t another 7.
Eleven in th ere'! We can onl y have so many Arby's. We ndy's or Taco Bcll's ... we hav e all 1hat. Bcl ie \'C
me. 1f I ha ve been given the chan ce to ..::onve rt so me of rny aui omotive real es tate 10 ()th er uses , l ha ve done
that . when it has. of co ur se, been benefi ci al to me. Bui a!lio. 1hat ha s happened in at least 16 instJnces.
Now fo r man y years. Earl Sche ib was a bit of an eyeso re and 1ha1 is one of my pro perti es . Pn or to that it
was a GM C truck fr anc hi se and I end ed up lea sin g it 10 :he C:nh olic Chu rc h fo r St. Vin ce nt de Paul. That
bui ldin g loo ks real ni ce and th ey are doing a good job. J'r.1 not speaki ng for c1 ·~rybody here , because I
don·1 think it ,s necess aril y ri ght for e\·er yo ne , but if, .ii th e ver ;·. ·~..:r, ve ry le a.s 1. yo u guys considered
changing so methin g on thi s. ma ybe a grandfather clau se . whic h w\l u1d all ow an automotive spot to
co ntinue to be used as th .i t. Now. th e wa y th at yo u ha · riucn. if so meone ca me in tomorrow and my
tenant was out 1CK1n y. it wo uld be oku y if ii happen ed :11 .... · .. th e.: same ti me . But he y. who arc yo u guys
Englewood City Council
Seplembcr ?, 2003
Pa ge 10
foo lin g. ir yo u th ink yo u arc go in g 10 have a 1cnant ri gh1 away . We need to hang signs up, inter\"icw and
lalk to seve ral different peo pl e in orde r to ge l a new tenant in th ese prope rt ies . The way yo u hav e th is
wr itt en, it just wo n't wo rk that way . Of the 32 car lms that yo u crca ted ... yo u 1.:rea1cd it by changing
th os e ... th ere arc 16 oth er lots, that th ro ugh attriti on alon e, would chan ge . Loo k up on Bc:ll ev iew and
Broadway, he said. there wa s a 1.:ar lot th ere and now it is Flowe rama. Th ings like !h at will happe n and
ove r a pe riod of ti me , ii would take care of itse lf. if you just don't all ow new teardow ns and new ca r lots to
be estab lished. I would lik e 10 !ear so me more down and make so me more ca r lots. But , I am willing to
co me 10 yo u, and maybe hdp set up a comm illee and ta lk wi th the other owners to wo rk so me of thi s out .
In co ncl usio n, I just wan1 to know where to find the prel iminary re search and murkc1 anal ys is re po rt th at
was done fo r th is bi ll . It says here that you did 1ha1 and I wou ld lik e 10 get that report . Mayor Bradshaw
sai d lh at would be throu gh Community Devel op ment on th e third noo r. Mr. Cook asked if Co uncil had
s1udied th at. So. he said. all I have to do is go to the third fl oo r and pick it up.
Mayor Brad shaw pointed out where the Direct or of Co mmunit y Development wa s sittin g in the roo m.
Mr . Coo k said okay, I wi ll come ov er and get th at. I'll 1ell yo u, thi s is reall y a roug h dea l as seve ral p~p:.:
ha ve sai d. I recei ved those cards too. but I receive them fr om Lakewood , Denver and Engle wood and .\'O U
can 't be everywhere all th e time .
Mayo r Brad shaw th ank ed Mr . Cook.
(j) Mehdi Hall aj said I am 1he ow ner of Affordable Aut o Center. 4773 South Broadway.
ha ve been there si nce 1994 . I was just wondering ... J wou ld like to as k you a questi on from the State
Department of Revenue , Colorado Stnte Department of Tax es . Is there any proteclion fo r me? I spend
over $75.000.00 a year pre '!ing sa les tax es for the Sta te of Co lorad o. I don't produce th at much City ta x
fo r Englewood. ma ybe S2,5 , .00 a year. but I pay ut leas1 $5 ,500 .00 a year fo r property 1.1x . That is not
including the three employees I have . I made my place reall y nice. I thi nk the City of En glewood
condemned the bui lding before I took it ove r. There were abo ut 11 gang members liv ing ne xt 10 me . I had
a small deal ership at that time . I bo ught that propert y and turned it into a reall y nice place . If you have a
chance, please just look around and see what you think . I work rea ll y hard . I spent ove r $ 100.000 .00 just
for the ta xes, alt ogeth er. I th ink ifl want to be re1ired, I should de serve 10 be retired . You ca n go look at
my records ... I ca nn ot lie to you. I produce a lot of state tax and I finance cars in -house. I bring a lot or
cus1omcrs 10 my area ... Latinos, and !hey don't know anyt hing about the area . I ope ned the market. I've
neve r had one co mplaint agai nst me in th e last ten years. You can go 10 the deal er board and find out if
anybod y ha s fi led a co mplaint against me . That 's protecti on. I have 100 per cent repeat cuslomers ... close
10 th at. Ma ybe I am exaggcrati ng ... okay 98 per ce nt. I wo uld rea ll y apprecia 1e you gi ving me thi s chance
to 1alk and th is opportunit y. l'\"e worked rea ll y hard fo r thi s and I don't want to lose it. Ma yhe yo u co uld
find anoth er so luti on. Ma ybe yo u should all ow oth er dealers to come in. Ma ybe yo u shouldn 't let an}hod y
ope n any new dea lershi ps . Maybe you should just leave th ose people alone , who ha ve been in this place a
long time . he said. and help them out. Thank you ver y much.
Ma yo r Brads haw th ank ed Mr . Hallaj .
(\.;) Da n McC rea. McC rea Motors, 4040 South Broadw ay. said I just want to st:it e th at I am
opposed to thi s moratoriu m and wi sh th at yo u wo uld co nside r oth er opt ions. Thank you .
Ma yo r Brad ~ha w th ank ed Mr. Ml'C rca .
(I) Tom Cr ump . 4480 So uth Broa dwa y. said all I ca n say is I love Englewood. Thi s is where
all my properties are . I hJ ve two busin ess pro pe rtie s and a lot of1 ental property. and I help the Ci ty out or1
th e low housing . I pa y n lot of tax dollars every year . I jusl don't th ink it is fair, after you ha ve built a
buildil :g, 25 yea rs ago ... two bui ldi11g s. and all the lax money th at I paid on those two bui ldin gs ut 4466 .
4480 South Broadway , and ten rental pla ces, all the ta x money and low rent s th a1 I char ge my peop le .. .I
just don't 1hink it is fair for yo u to co me in and tell us. we've changed our minds. we arc gui ng to ma ke th e
Ci1 y of Englew~'<xt differe nt and th a1 lea ves thing s. tha t we have worked on fo r our re1irc mcn1 ,ju~t ki cked
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Englewood City Co un cil
September 2, 2003
Page II
ri ght oul the" ow . So, 1hank yo u. Every body ha s to uched on it. he said, but it is goi ng to hurt me.
Thank yo u.
Mayor Bradshaw thanked Mr. Crump .
(m) Gary Tisch said I am her~ to oppo se the moratorium for th e car dea lers. I have a number
or properties on South Broadway . I prcfc,· 10 stay in retail. They are commercia l buildings. The Goodwill
building is one that I just boug ht a co upl e years ago. I put a co uple of retai l stores in there. It took a long
time to get those busin esses in there. ft probab ly too k me al mos t a year 10 ge t a laund roma t in th ere. I also
have two car lots on South Broadway. These two c:ir lots were co ndemned buildings befo re I took them
ove r. I tore th em down and I spent a lot of money putting these properties in here . Now th e City just wants
to take th at away . Be fo re I ca me down here , I spoke to my attorney and he sai d if the Cit y passes this
moratorium and I lose my righ t to put car lots in here, that would be unconstitutionally retaking of my
propeny without due process . In which case, he and I both think that th e City is liable to me . I don't wa nt
to just lose my properties, he said . so I am goi ng to ask you to n;think this . Thank yo u.
Mayor Brndshaw thanked Mr . Ti sc h.
(n) Patrick Shea, Two Sheas Motor Co mpany, 3232 South Bro adway, sai d I am here to
oppose the moratorium also . After leaving a pretty dece nt job, I too k on th is Two Sheas Motor Co mp any a
few years ago with the intent of possibly purchasi ng the property that I'm in . I own a few homes in
Englewood that arc rental properties . I plan on doing bus in ess and hope full y have a successful retirement
in the community . As I watch all lhi s, as everybody else has sa id , I am thinki ng of my retire ment going
right out the window. As everybody el se has said, we Lake care o!, 1.lf properties . We do exactly what we
are told to do. We follow all the rules and guidelines . keep the places up , he said, a nd here is what we have
to look forward to in our retirement. Thank yo u.
Ma yor Brad shaw thanked fo.il'r. Shea .
(o) Larry Corwin said I own Credit Motors on South Broai'iway. I am ( Ji ng to be very
hone st wi th yo u. Most of these people ha\·e bee n quiet abo ut this . This v,bole th:ng is moro ni c . It is stu pid
and it doesn't ma ke sense and it is ille gal. Okay? Each of yo u bcuer be pn::y:.cd to be sued individually
and the City better be prepared to be sued also . Because what you are doi ng is wrong, and it is illegal. On
the 2700 bl oc k of So uth Broadway, as yo u come into Englewood, yo u ha ve these little green things
hanging up in the air. I don't know if anybody has ever see n them . How much mone y ha ve yo u spe nt on
th at, wasti ng money? I have people coming onto my 101 and sayi ng , wha1 the hell is th is? What is that
stuff? I do n't hear an answer. Wh at is that ? Yo u spent good money on that. Somebody gave you a chec k
for $25,000.00 ... arc yo u goi ng to put ii on the next block. those nonse nsic al gree n thin gs?
Mayor Brad sha w sa id when yo u add ress us respectfu ll y, we might answer.
Mr. Corwin said I am being as re spectful as ycu arc to the car dealers . Yo u are not being respec tfu l to us.
You arc telling eve rybody. literall y, that we arc going to cut yo u out , we're going to stop yo u fr om being in
business. That is wrong . Wh y pick on one gro up ? Tell my wh y yo u are pic king on one gro up . Whose
idea was this? I would like 10 know whic h one of you?
(p) Pet er Schra m sa id I live in Parker. Co lorado. 19124 Cononwood Drive and I work at
1300 Wcs1 Quincy, Englewood Motors. I represent the future of the ca r business. I travel a long wa y and
every day I am one of those empl oyees who is ou t spending mo ney in Englewood. I am al so a m~mbcr of
the Englewood Cham ber of Commerce . I look fo r customer s inside of Englewood and outside of
Engle wood, and bring them in here and I can tell you that I know everybody in here . Every car guy. We
are a big family and we all work togethe r and we all work to bring peop le into Englewood , and when they
arc in here, we encourage them to go out , have lu nc h, run errands. and bring th ei r money into our
comm un ity. I am very excited to be part of a business th at has been a pan of Englewood fo r 40 years . My
father told me so mething ... words of wisd om ... "s urround yourself wi th good peop le." Some of the best car
Eng lewood City Co uncil
Septe mber 2, 2003
Pog• 12
dea lers in all of Co lorado a.re on South Broadway or in the vici ni ty . I know ;hi s because I am a parl o f a
fami ly of ca r dealers an d I chose 10 bring myse lf here. and to cut my tee th here in Eng lewood. I have a
great respect fo r eve rybod y in this roo m, wh o represe nts the ca r bu sine ss. W e wi ll con tinu e 10 thrive. he
said , and I wo uld like IO do thal in Eng lewood. Thn nk yo u.
Mayor Brads haw thanked Mr. Sc hram .
8. Communications , Proclamallons and Appointments
Mayor Brad shaw staled that three proc lamati ons were li sted on the Agenda, bu t were: not included in
Cou nci l's pa ckcl. so Co unci l can nol act on 1hcm. Thi s is unfonunalc, she sa id. because one is Septembe r
Drug and Alcohol Recovery Mon1h, one is Sep:ember Pain Awa reness Month and I wo uld like us to art on
a proc lamati on honoring Su san Thornton before she is out of office in Nove mber.
(a) A proclamati on declaring Sep tember as Drug and Alcoh ol Recovery Month .
(b) A procl amation declruing Scplcmber as Pain Awareness Mon th .
(c) A proc lamation honoring Littlcl on Ma yor Susa n Th ornton.
9. Public Hearing
No public heari ng was scheduled before Co un cil.
10. Cons,nt Agenda
(a) Approval of Ordinan ces on First Reading
There were no items subm iued for approval on firs! re adi ng .
(b) Approval of Ordinances on Second Rea ding
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I), (II), (Iii) and (Iv) ON SECOND READING .
(i) ORDINANCE NO . 60. SERIES OF 2003 (COUNCIL BILL NO . 59,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORD INANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION h)R CONSTRUCTION OF "BIG DRY CREEK TRAIL IMPROVEM ENTS" IN
THE CITY OF ENGLEWOO D. COLORADO AND THE CITY OF LITTLETON, COLOR ADO .
(ii ) ORD INANCE NO . 6 1, SERIES OF i003 (COUNC IL BILL NO . 60.
INTR ODUCED BY COUNC IL MEMBER GARRETT)
AN ORD INANCE APPROVING AN AGREEMENT WITH THE COLO RADO DEPARTMENT OF
TRANSPORTAT ION FOR DESIGN OF TRAFFIC SIGNA L IMPROVEMENTS AT Tl-IE
BROADWAY /KENYON INTERSECT ION. IN THE CIT Y OF ENGLE WOOD . COLO RADO.
(ii i) ORDINANCE NO . 62. SER IES OF 2003 (COUNCIL BILL 1,0. 6 1,
INTRODUCED BY COUNCIL MEMBE R GARRETT)
AN ORD INANCE APPROV ING AND ALITI-IOR IZING THE E>.'ECUT ION OF AN
INTE RGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVE STMENT
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Englewood City Council
Se plember 2, 2003
Page 13
PARTNERSHIPS PR OG RAM BETWEEN ARAPA HOE COUNT Y AND THE CITY OF
ENGLEWOOD, COLORADO .
(iv) ORDINANCE NO . 63, SER IES OF 2003 (COUNC IL BILL '0 . 63,
INTROD UCED BY COUNC IL MEMBE R GRAZU LIS )
AN ORD INANCE AUTHORIZ IN G THE PURC liA SE OF 4673 SOUT H GRANT STREET BY THE
CIT Y OF ENGLEWOOD. COLORADO .
M3yor Brad shaw asked if anybody wis hed to pull an y of the se items. They did not.
Vote results :
Motio n carried.
,yes: Cc unci l Mem bers Nabholz, Moo re . Garren. Wolosyn,
Yurchic k. Grazulis , Bradshaw
Nays: Nl'l nc
(c) 1 "."tnluc ions. ::,0 Mr· ,ans
There were no resol utio ns or motio ns ~ubmiucd for :ip prov1'I.
11 . Regular Agenda
(a) Approv al of Ordinan,.~r.s un Fi rst Readi ng
• There were no items submitted for approva l on fi rst reading .
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{b) Approval "D f Ordin3nccs o n Second Reading
(i) Co uncil Bill No . 62. an emer gency bill fo r an ord inan ce, e nact in g a temporary
moratori um on auto -rel ated uses in the e .2 Bu siness Zone Di stri ct. was co nsi dered .
Mayor Bradshaw th anked everyo ne fo r co ming an d speaking to Co uncil thi s evening . We app«"c iate it. she
sai d.
Mayor Brads ha w said I believe th at we have had a number of mark et st udi es done and that we have an over
abu nd ance of one use on Broadway . This was broug ht 10 my attenti on by several citize n gro ups. sayi ng
th at th ey are co ncerned abo ut the proliferat io n of ca r lo1s on Broadway. The moratorium is fo r six month s
and that will establ ish a tim eline where we can all sit do wn and talk abou t what we can do abou t the
proliferat ion of car lots. So that is why I brought this up and I was n't the onl y one on Counci l. We also
ha ve a staff pre se nt ati on this evening fr om Mr . Mark Graha m, she said .
Se ni or Planner Graham sai d th is iss ue , Agenda Item l l (b)(i) is on seco nd and final r~•J 1ng thi s evening
and I wo uld like to reiterate so me of the thin gs that were prese nted on fir st reading , 11 I may. For the
rec ord . ye s, there were a co upl e of im po nant repons that we will b,• discu!,si ng wi th the Planning
Co mmi ss ion over th e nex t month . One, iden tifying that we have pe rh aps as mu ch as te n times th e amount
of land de vo ted to au1 0 uses as is necessa ry e a loc al demand . That does repre ent an opponuni ~y for
sales tax collect1on. multi -fa mily housi ng an ny ot her thi ngs . While it is true tha t multi -family housin g.
fo r insta nce , docs not ge nera te sales tax. it docs genera te cwaome rs. What we are tryi ng 10 do with the
Broad way Plan, is to reba lance the mix of uses on Brondway . The too l fo r rebalancing those mixc~ is the
zo nin g ordinance. The w nin g ordinance currentl y permit s au10 uses by right . as man y ha ve ex plained , and
it ma y be poss ible to do it wit h a co ndi1i onal use or it may be poss ibl e to app ly other criteria . Bui , it is
necessary, based on so me anecdotes that 1 am goi ng 10 relate 10 you, to establi s,.. a mora1orium a11his tim e.
There was a fren zy of ac1i vi1y o,,er 1he last few weeks. and many phone ca ll s ll. me were abou t. .. "I'm
abo u1 10 buy land fo r a dealers hip. th is dealership is abo ut 10 change owners hip . I wou ld like to expand the
Englewood City Council
September 2, 2003
Page 14
dea ler ship ." Th ere we re, in fac t. t wJ dea lerships es tab li shed in the pa st two weeks a nd two more th at we re
to be es tabl ished that co uldn 't make th e deadlin es. Thi s does crea lc the ur ge ncy th at wa rrants the
emerge ncy ordin ance in thi s cas e. ""he public in te res t in thi s iss ue is th at th e Cit y ha s th e need to protec t its
tax base in order to fund the central scrvic cs ... po li cc and fire pro tec tio n. bu ildin g codes, pl ow in g roads and
th at -;on of thin g, in order to provide fo r access to bus inesses, at all . Car busine sses arc de fin itel y a
co mpo nen t of that mix . It is o ur con te nti on that. it is the ove r abundance th at is th e pro bl em. not the use
pe r se. So wha t we are sugges ting tonight is a morntorium th at docs not put the ex istin g car busin esses oul
of busine ss. It in fac t, fre ezes 1he si1uati on as they are toda y. unle ss the lots go vaca nt. In whi ch case, six
mo nth s is a rapid time fo r us to work thro ugh the process . fi gure out where our regul ali ons need to be and
get those on the boo ks . and at the end of the morat orium , we will ha ve a new pl aying fi eld . We belie ve that
that will be something that co uld be equitable, fair 10 the car dealers and fair to the other busine sses, as we ll
as fair to the Cit y. Al so, there arc no expectati ons, none whats oe ver that 100 per cent of Broad way would
be retail . It 's not wi se, it 's not sustainable , yet we ha ve some patte rns, th L't arc cl os el y related to the
proliferation of aut o dealers , that interfere with a success ful retail env ironment. The South Broadway Plan
hllS so me reco mmend ati ons for es tabli shing nodes and other things th at are hoped to remedy that situation .
With thi s six months, he said , we believe we can make good recomm endat ions to yo u as to how 10 ac hieve
the new retail nodes and how to achi eve an appropriate leve l of au1 0 and res ident ia l and other uses on the
conidor.
Ma yor Bradsha w asked if there were any que stions for Mr . Graha m.
Mayor Brad shaw said I wo uld like to as k the City Attorney to explain what the moratorium will actuall y
do. Can you j usl explain it ?
Cit y Attorney Brotzman said it is just a stand still.
Ma yor Btad shaw said every thin g as i!:, sta ys as is. Oka y.
Cit y Att omr:, Brotzman said that is correct , there is no expansion and th ere arc no ne w lots. Bas ically this
is a sta nd still . l'h at mea ns th ere arc no ne w lots , but all the curren t lots arc sta yi ng j ust as they arc . You
can't expand . The lots th al aren 't currently an auto use. cannm beco me one .
From the audience. someone asked if th ey co uld comme nt.
Ma y1 Brad shaw sa id no. I'm sorry , we had our disc uss ion.
From th e audi ence , someo ne continued 10 co mm e'lt.
Mayor Bradshaw said I'm so rry sir , but yo u are out of order.
Ma yo r Bradsha w as ked if Co uncil had an y oth er que stions fo r Mr . Grah am.
Co unci l Member Moore sa id I woul d li ke to cl ari fy Ci ty Att orn ey Brotzman's s1a1ement. If :i prope rt y, th at
is c urrently an auto-rela ted use. were to chnnge hand s durin g thi s timefrnm e. is 1hat pe rm iss ible or no!?
Mr . Brotz man sai d yes, in fa cl we have had a co uple call s on th at. Curre nt ly, if you have a bu:ii nt:ss that is
auto-relat ed right now and you wa11 1 to se ll yo ur busin ess that is aut o, th al is not a pro bl e m. That is not
prohibited by thi s ordin ance. So, if yo u hav e a car lot and yo u wa nt to se ll your car lot to so mebody else,
th at is fine .
Another que stio n. what if yo u have a car lot and wa nt to re nt it to so meone el se? Mr . Bro tzm an sa id that is
fine .
Anoth er ques 11011, so yo u co uld sell it 10 anoth er ca r deal er'! Mr. Brotzmnn :,,a id th at is correct.
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Engll'wood City Co un cil
Scptr .. ~"O'\
Pagl
Mayor Bradshaw said there 1s a Im of mi si nfo rmot io n that yo u ge ntl eme n a,, hav e and I am !lorry for th at.
Ano ther pe rson asked 1f they rnuld ask so me -iuestions dow n 1hc mad . Mayo r Brad shaw ),:1id ab so lut ely .
All we are doing. she exp lai ned. is we arc buying so me time to loo k at, ha; is happcmti g on Snulh
Broadway. That's all we arc doi ng at this pci nl.
Cou nci l Membe r Nab holz sa id when the Ci1y of Englewood sends out JT"a il ing" to bu 1ncsscs. it is a cost ly
mai lin g. Th e mai ling usua ll y consists of a ca rd th :a t indi ca1es it is fr o.-:-the c::~. Tl,:re were severa l
meetin gs. so I would enco urag e you. when yo u get these card s, don't just th ro ·A th em in the tra sh. We are
tryin g io say we wa n110 ta lk 10 yo u. we wan t to wo rk wi1h you. So, she said. pl ease I :t us work logethe r,
whic h, it appears. is what we arc goi ng to do. Thank yo u.
Council Member Grnzu li s said when we had a Stud y Sessio n a co upl e of weeks ago re ga rdin g 1hi.;, I do
remember speak ing in favor of a lot C"f th ese people and I ne ve r did ge l o ne tha nk ., ,u fo r ii. but I v•ent
aga inst Cou ncil very vch~mentl y and they know that 1 Bm all fo r entrepreneursh:p and I'm no t in fav or of
just singling out one type of busines s. let al one other things that could fall into this category. 1 am alai med
at th e num ber of car dealers we have in En glewood. I will not den y that. I ha ve li ved here 100. for about
25 years a nd I live on Linc oln whi ch is just one half a block from th e car deale·s. And . at one time . they
took over my propcny. wi th parkin g all aro und my ho use. That has since changed. and I ha ve had some, f
1he best nei ghbors. which arc car dealers or car assoc iat ed peop le , I'm ju t lett ing yo u know though,
upfrt,nt , th at thi s is a very hard decision to make on thi s moratori um . A part of thi s mora torium ca me
abou t, be cause we \\ere not all in fa vor of th is. I just wanl to be on reco rd fo r th at, she sai d.
Ma yor Brad sha w asked if there we re an y ot her comments .
Co uncil Membe r Garren sai d I wa'lt to th a nk everyone fo r co ming out. It is ni ce that we fina ll y do
so mething that en ergi zes fo lks . Sometimes we come here and do a lot of things that don't. We ha ve bee n
talking about thi s a long time , without a lot uf input. Thi s ha s been on ou r agena .... it h~s bee n in our
mi nutes and we just have no1 see n peop le show up . One of the t'1in gs l wc uld entourage ... and I don't
know how the votes will go this evening ... but if there is not, or if there is a morato:-iu m, I think we would
al l admit, 1here are so me car lots 1hat aren 't necessa rily ap propria1e, that arc not well kept . One of th e
th ings that was sugge sted at th e las1 mee ting ... and it wa.'i th e conse nsus ..i fCo uncil ... was to think abou t th e
mora1 orium so we ca n si t down and talk. because I think we have a lot of car de alers that ha ve done a lot of
good. I mea n the gentleman from Harry's Specia ll y Ca.rs menti oned so me of the thing s he has done .
Son:e peo pl e have gone wi th our fa\adc program . othe r people ha ve pul up th e fen cin g th at fit s in wi 1h !he
theme. So I feel we are not liying to di scrimin ale, but we would like 10 come up with solut io ns that make it
co mfonable fo r yo u to do bu siness here and solu tions th a t all ow the Ci l/ to progress . Th ere arc a co uple l ~
mi s-statements that were made th at I would like 10 correct . Wh en yo u talk abo ut sa les lax dollars ... on ly
when a re side nt bu ys a c!lf do w~ sec those sa les ta x dollars. A lot of th ose dollars do go out. so I kno\, yo u
co ll ec t a lot of sales tax. bu, some of that does n't sta y in th e comm un ity . And mos t of the pro perty taxes go
to the sc hoo l syste m. Th e Cit y docs not recei ve a whole lot of the money that co mes from the pro perl y tax .
So. when yo u th ink abo ut your 1ax bucket. it is a lot. but ve ry few doll ars come to the Chy . I know some
peopl e ha ve ques ti oned whether 1he Cit y ha s looked at expenses. We are loo king at a bud ge t. barring
whether we have cenai n tax incre ases approve d. whic h will be on the bal lot th is fa ll , where 15% of o ur
\,Ork fo rce wi ll be go ing away. whic h mean s some of the se rvice s that yo u. as bu sine ss people, e nj oy, \\111
:101 be done as well as in the past. such as stree t sweeping. whi ch 1 think , is one of the th ings we do well in
Englewood . But we won't ha\'C as much of !hat. Some of the respo nse ti mes will be affected, bcca u:,i.e
Safety Scrvi ces ... bc ing the largcsl pan uf our budget...is ta ki ng th e bigge st hit. They wi ll no1 be qui te as
respo nsive, as we would like tt-"m to be if we had more cash. The se are types of se rvice s lh at e nh ance the
comm unit y, he sai d. as well as e nh ance the bu sine ss com munit y. so we have looked hard at o ur bud ge t as
we ll . Thank yo u .
Council Member Grazuli s said I wa nt 10 make one more comment. We know s.1methin g has to bf! dune to
try lo rc 1ain the qualit y ca r dea lers and anyth ing car rel n!ed wi1hin Englewood . We arc trying to at le as ! put
Englewood City Council
Scplcmbcr 2, 2003
Page 16
a moralorium on so me of lhose IOls th at would co me in as ny.by.nig hts . I don't kn ow wha t the answe r is.
she sa id . that is wh y we rea ll y need to hea r from yo u m an ot her scssio:1.
Mayor Brad shaw sai d there wi ll be a Publi c Hearin g fo r lhe Sou1h Broadway Plan in front of Pl anni ng and
Zo nin g. and the re will be a hearin g in fr ont of Cou ncil. We arc at leas t a year away before :my1hing
happens. Thi s is jus1 a preliminary s1an. she sa id .
Co uncil Membe r Graz uli sa id th at is right. I just wanted to state th al I just don't knew ex.a_ ly what the
e nd answer will be or what the end re sult s will be . but th is is just one step in trying to prr.se rve what we do
have.
MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11
(b) (I) -COUNCIL BILL NO. 62.
COUN CI L BILL NO . 62. INTR ODUCE D BY COUNC IL MEMBER WOLOSYN/BRADSHAW
A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHIN G A TEMPORARY MORATORIUM
ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUS INESS ZONE DISTRI CT. FOR A
PERIOD OF SIX MONTHS .
Mayor Bradshaw asked if there was an \' 'tlore di sc ussio n.
Counci l Member Moore said I would like to go back 10 the que stion th at I wa s tryi:lg to exp lore wi th City
Auomey Brotzman a little more slowl y. If there is a property 1ha1 currently has a lot on it and the tenant
moves out and it sits do,man1 for a month , can that landow ner rc .c;;iab li sh the lot during the morat orium "!
City Anorney Bro tzm!l n sai d no . Th at is th e exception ... no. If ii is a current lot. and you go fr om lot 10 Joi,
and you sell your busine ss. th ._11 is all owed. If 11 is a rent al, if it is a lease, but it is co, .. inuing one gro up
fr om ano1her. But you can't let i i go in to a non•au to rcl:ued use . Mea nin g it can't be empty eith er.
Co uncil Member Gr:izu li s said how l\mg can i'. be em pty?
Ci1 y Anorney Brotzman said yo u need 10 se ll yo ur bu sin ess, me:min g it ca :.'t be empt y. ll ca nn OI be
empty.
Mayor Bra dshaw sai1 wai t a minute , rm co nfu sed abou1 th at. Say that a diffe re nt way .
Council Member Wo\os yn sa id when w,: put 1hi s on the table. it was to miti gate im pac t e n cxh.ting
busi:.:sses. I wo uld like to suggest th at 1\'e eith er omit the go dark or len gthen it for the c,.i stin g au to
dealers . Beca use!, rea ll y. she said. it is consis tent with our inte nt 10 not have expnns 1011 .
C(l uncil Membe r Nab holz sai d I agree.
Co uncil Member Moo re said I ag ree with Ms . Wolosy n's sta 1emc nt. The pri ma ry concern is th at whik \\C
stud y th is iss ue. the num be r of lo1s don't gro w. I ccnai nl y wo uld be ope n to making an adju!>lmcnt, tha :
wo uld ba sically say. if a lot was the re today. th at use can co ntin ue and that wo ul d !.>C restricted in th e
moratoriu m. Tha t would j ust keep the numbe r in 101a\ fr om inc reasi ng. he sa id .
Ci1y Attorney Brotzman sa id lei me expand that just a little bi t bcc:mse, th ere is an c,amp le 1h at has been
pre sented. whic h is the Dae woo lot Ma yor Brad shaw sa id 1ha.t is in the 4800 bloc k 0 1 So uth Broadway .
Mr . Brotzman said it. c urrentl y. is not an auto use. it is empty . So , if yo u wa nt to all ow th at one 10 remain
that way, yo u wou ld :.impl y add :i new sectio n that would :i ll ow any propert y in thi s zo ne . th at was an auto
use. to remain an aut o use .
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Englewood City Council
September 2, 2003
Pa ge 17
Counci l Me mbe r Garre tt said I th ink it 's wheth er ... if ii is a current aum use. it can co nti nue to be an a utr
use. MayC'r Brads haw sa id ri ght . but DaeWL'O is empty.
Counci l Member Garrell said it is dark now and my quc s1ion is, ir ii is dark now c.·an it resurrect itse lf as an
a".J iO use ?
C0unc il Me mber Moore sa id so I guess th at coul d be two possible answers. Mayor Brad shaw sa id yes.
Ci ty Att orney Brot zman sa id you could eith er do any current auto use , or yo u may do any prope n y th at has
been an aut o use.
Ma yo r Brad shaw said what is Cou ncil 's pl eas ure on th at?
Cc unc il Member Wo losyn sa id thi s is a dicey situati on. because I don't want to ha ve us have every little lot
th at is empt y no w, and may be 10 years ago they were se ll ing cars, to come forwar d and try to resurrect. I
think th at ma ybe we should go wi th exi stin g uses. she sa id .
Ma yor Bradsha w said so th at wo uld be wh at it is now, for six month s?
Council Member Wolos yn sa id yes, but if th ry go dark . after we pass thi s. th en they co uld sell it to
so meo ne and they th at mig ht have a ga p ... but as long .. s it is acti ve today. I think we ha ve to do th at, she
sa id .
Co uncil Mem ber Moo re said I would agree wi th that ame ndme nt.
• M:i yor Bradshaw asked if Counci l had any other ques1io·lS or comments.
Disc uss ion en sued regarding th e wording of the amendment.
Mayo r Brad shaw asked if there was any othe r di scuss ion. There was none .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS s ;,;coNDED, TO AMEND COUNCIL
BILL NO. ~2 BY ADDING A NEW SECTION THAT SAYS "ANY PROPERTY WITH A
CURRENT AUTO RELATED USE MAY RETAIN THAT USE IN THE 8-2 BUSINFSS ZONE
DISTRICT DURING THE MORATORIUM."
Co uncil Membe r Garrett sai d this will el imina te an y dark gap in th a1 pe ri od of ti me .
Vote results:
Moti on carried.
Ayes: Co un cil Members Na bh olz, Moo re, Garrett , Wolosy n,
Yurchick . Gra.:ul is. Brad shaw
Nays: No ne
Vote results on the motion to appron Agenda Item 11 (b) (i) -Council Bill No . 62 , as amended :
Ayes : Co unc il Members Nab holz. Moore , Garrel l, Wolosy n.
Yurchick, Graz ulis. Brad shaw
Nays: None
Moti on carried .
(c) Reso lut ions and Mmions
• There were no reso luti ons or motions submitt ed fo r appro val.
12. General Discussion
Engiewood City Council
September 2, 2003
Page 18
(a) M .:.yo r's C hoice
Ma yo r Bradshaw did no1 have any matters to bring before Cou nci l.
(b) Co uncil M embers' Choice
(i) Co unci l Member Garrett :
1. He sai d I er •,uragc everyone to work wit h us, 10 try 10 come up with way,c; to make 1h i s work fo r
all of us. I am glad yo u are here and so me peo pl e wi ll have a lot brighter ideas th an we do, so please bring
th em fo rward .
2. He said we heard a proposal that Arapahoe County has a pro posed •..ax for Open Space on th e
ballot this fall. I wo nd ered if Co unci l would like to pass a resoluti on in suppon of tha t. So I raise that as a
discuss ion point. .. wheth er we want to pass such a rcsolu1i on.
Ma yor Bradshaw said I think we need to. Ot hers agreed.
Co uncil Member Garren sai d it is twe nt y-five cents per hundred dollars .
Ma yor Brad shaw said a qu arte r perce nt sa les tax wo uld all ow $600,000.00 to co me back to the City and we
would have the possibility of another $300,000.00, so it is almost one million doll ars. So. I think it would
behoove us to endorse that. I didn't endo rse it the first time around, she said. We didn 't want 10 because
there was no all oca ti on co ming back to us . They jusl sai d "we want to coll ect more ta:-cs fr om yo u" and
we said no. But now we ha ve so me mone y com ing back.
Co un,;il directed staff to draw up a resolution in su ppo rt of the proposed tax.
3. He said 1he last item I havi. :! the one th e gentleman rai sed about dereli ct vehicles . I may have
been und er th !! mi sconcep ti on, but when we looked at th e dereli ct ve hicle iss ue. we had talked abo ut it
be in g complaint •o nly driven . We received a memorandum fr om Sa fely Services that suggested so me of the
issues surroun di ng that phil os oph y. But . th at was so rt of my understanding , and I did n't know whether
th ere was a grace period, like we had wi th th e off.le as h situa ti on, where peop le we re given a notice or
wa rn ing about what was comin g down. I wondered if other Co uncil members we re under th e same
impressio n.
Counc il Mem be r Wolosy n sa id I actua ll y have a concern tha t goes a litt le further lha n th at. I hav e been
thinkin g about it, because during o ur initi al discu ss ion. I remember being conce rned abo ut a lot of weird
co nstru cli on/buildings go in g up in peo ples backyard s and I was told no. th al would not happen beca use we
hav ! !he UDC . And that is not in place ye t. I really did thin k thi s was goi ng to be co mp laint onl y. so th at
r:o ple could ease into becoming aware of it, Maybe we didn 't make i1 pl ain enough. I th ought it was
mentio ned seve ral times. she said .
Mr . Garrett sai d I didn 't know wheth er thi s wo uld be so mething we <.;houl d discu s!i> in another foru'TI .
Ma yor Brad shaw said do we need lo sc hed ule that iss ue fo r a St ud y sess ion?
Co unci l Member Yurc hi ck said thi s is sue has cc·me up in Code Enforceme nt meetin gs. particu larl y 1he
qu estion of enfo rceme nt. I mea n, what is the grace pe riod ? Do the y go o ut today and give 1hcm a ticket ?
Or do th ey say. no. yo u've go l six month s to ge t up a fen ce or ge t yo ur pad po ured, or whatcve1 ? Tha t was
nev er rea ll y cl ear in the ordinance or, I 1h ink. in our direc ti on.
Counci l Member Ga rrett said we mi ght wa nt to ta lk abo ut !hi s. They might need to gel a fencing permit, or
so me1hing like th at, so if so mebod y wants to compl y, it takes lime .
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Engl ewood C ily Co un cil
Scplembcr 2, 2003
Pugc 19
Courcil Me mbe r Gra zuli s said it docs 1ake umc and pl ann ing and money .
Ci1y A11orne y Bro tzma n sai d tha t is sue is sci. again, for th e ne xt Code Enfor cemen1 mcc 1111g on the 16th •
Counci l Me mbe r Yurchi ck said I thin k th ey arc kin d or asking for dire cti ott om Co uncil.
Council Membe r Garre tt sa id we can talk abo ut it at the ne .,1 av ail :1blc S1udy Se ss ion.
Mayor B .. adshaw said so we will have it on the Study Session Agenda fo r September 8th • lo ta lk abou t
derelict vehi cles. In lhe mea ntime. Mr . Maisc h. if you will talk to Offi cer Co llin s back here , I thi nk he
coul d addre ss so me of yo ur issues . Mr . Mai sc h said tha nk you. Mayor Bradshaw th anked him .
(ii) Counci l Mem ber Moo re said the ent ryway art recei ved recognitio n in th e pape r
thi s wee kend . as bei ng one of th e fine st di spla ys of pu bl ic art in th e Dc n,·er are a. I j us t th ought I wo uld
ma ke sure everyone saw that anic le, he sni~.
(ii,) Co uncil Member Na bh olz:
I. She said I would li ke to thank cvcrybody ... staff, Se rgeant Coll ins. Co mmunit y Deve lop ment ,
eve rybody at RTD . Gary Scars and Ol ga Wo losyn, fo r attendin g the mee1i ng last Thur sd ay ni ght at Bi shop.
It was quit e well all ended . It was the us ual Di slri ct l mee ting. kin d of rowdy, but everyone sta rted ca lmin g
down and I think we are makin g some progress , she sa id , so I thank eve rybody th at wns invo lve d.
2. She said I have had 11 call s thi s weekend on th e Bates Loga n Park . I perso nally we nt 10 the park
three lim es. Sa1urd ay mornin g, I had a socc er dad call me at 8 a.m., so I wen! up and th ere is no way th ose
kids ro uld ha ve pl ayed soccer. I 1cali zc that we've got peo ple sayi ng il 's wo nd erful , th at th ere arc no
problems. I am go in g to ~ go in g to the Parks a nd Recreati on mee tin g, but I also di sc ussed with Co un cil
Member Garrett that they t,re looki ng to pu t up a sign, that !h ere arc so me pro bl ems goi ng on. It is not nil
just great with the dog par k, we've got so me pro ble ms . She said a co nstituent let me know who owned that
propert y bac k in the early 40's. Ms. Nab holz sai d he lives in Liul cto n. I spoke with hi m nnd he was
leav in g tow n. He will be back Frida y aftern oo n or Sa turd ay morni ng. But 1hat prope rt y was designated
onl y lo be a pa rk . He bo ught all 1hc land aro und th ere. befo re the houses we re even th ere . He exp lai ned
th at Pa cky Ro mans had come in with load artcr load of dirt and it did not fi t in th e par k, so all th e homes
along th ere we re noodin g, so Mr . Roman s had to bri ng in heavy '!qu ipm cnt. He sai d th e City spent a lot of
money . inve sti ng in that par k.
Ma yo r Bradshaw sai d that is right , th at is why that socce r fie ld is a rete nti on pond .. Ms. Nabho lz said yes.
So , Coun cil Membe r Nabholz said. th is is so me th ing we arc go ing 10 work on. We a;c all go ing to work on
it toget her. bu t I had a lot of ca ll s on it.
3. She said I receiv~d 9 call s fr om th e aut o dea lers and I cn co uruge d them to co me tonig ht.
4. She said I received 6 ca ll s fr om senio rs .. .4 of the m arc Englewood reside nts and 2 arc from
Li nl eton ... tha t use 1hc Mall ey Cen ter. They arc adamant ly oppo sed to 1hc blue spruce tree be in g cut down
an d a statue be ing pu t up there. One lady said she ca ll ed the U.S . Forre ~t Ser vice and was told tha t no blu e
spru ce tree s larger tha n three and one ha ir inche s in diameter. C.!~ be cu1. beca use it is our S1a 1c tree and it
1s also ill ega l. Ma yo r Bra d!,haw said 1 thin k it is much large r than that. Ms. Nab holz said the y like the tree
and they like to smel l it when they gu in lo the Ce nter ... they real ly wan t the 1rcc .
Ma yo r Br ad shaw asked if Co un cil wanted 10 di !Jc uss the tree ne xt Monday at S1udy Se ss ion. Counci l
Me mbe r Nabholz sa id yes .
Englewo od City Co uncil
Scplembcr 21 2003
P11gc 20
Ma yor Brad shaw said i;ood jub Thun,da y ni g,1t Ms. Nab holz, I heard you were grca1 . Co un cil Membe r
N:ibholz said th;mk yo u.
(iv) Counci l Member Grazulis :
1. She sa id I j ust wan t 10 1hank everybody wh o did come thi s evening . We will wo rk th is oul. We
may not like everyth ing that is done. but we will wo rk on it togethe r.
2. She said I did want to perhap s boast just a tad . My 14 year old daughter wen t to the Sta te Fair in
Pueb lo a co up:c or weeks ago and . out of 192, she took Grand Champi on Juni or Dog Handle r. I think to
bring th at back to Eng lewood is preny good. Mayor Brad shaw sai d you bet. Co un ci l Membe r Nabholz
sa id that is exce ll ent. Th ank yo u. Ms . Gra zulis sai d.
(v) Cou ncil Member Wolosy n sai d I wi ll be out of town nex t week .
13. City Manager's Re1,o rt
Ci1 y Manager Sears did not ha ve an y matters 10 bri ng before Council.
14 . City Attorney's Report
City An omey Brot zman did not have any mauers to bring before Coun cil. .....
Council Member Grazu lis said I do have one oth er thin g. You know we all have 10 li ve by rul es and
regu latio ns. and jusl to let you know, th at even I have t. live by th e rules an d regulati ons. I did nOI ge t my
nominati on petiti on in on time on the 2""'h• so now I will not be on the ballot, even th ough I will be running
as a wri te-i n. I just want yo u all to kr v th at. We all have to li ve by rul es. she said .
15. Adjournment
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