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Home My WebLink About2003-10-06 (Regular) Meeting Minutes• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Call lo Order Regular Session October 6, 2003 The regular meeting of the Englewood City Co uncil was called to ord er by Mayor Brad shaw at 7:3 0 p.m. 2. Invocation The invoca tion was given by Council Member Nabholz . 3. Pledge or Allegiance Cub Scout Troo p #172 presented the Colors and led the Pl edge of Allegiance . Tim Sullivan sai d we have been very graced that City Cou ncil , throu gh the ir lead ership, has given us th~ opportunity to participate in such things as the fl owerbeds at lhe Recreation Center, a fl ag ceremo ny, Fire Prevention Weck, the parades and all kinds of things . Our traditi on for say ing thank yo u, is to give yo u the Pack yell . We just want to sa y thank yo u and we appreciate all you have done . They gave th e Pack ye ll. There was applause from the audience . 4. Roll Call Prese nt: Absent A qu orum was pre sent. Also prese nt : 5. Minul<S Council Members Nabholz, Moore , Grazulis , Garren, Wolosyn, Yurchick, Brad shaw None City Manager Scars City Attorne y Brotzma n Ass istant C ty Man ager Flaherty City Clerk Ellis Fi re Di vision Chief Lockwood Fire Marsho.l Gree ne Direc tor Gryg le wicz , Finance a nd Admi nis trati ve Ser vices Direct or Fonda. Utiliti es Director Ross. Publi c Works Director Ol so n. Safety Services (a) Minutes of th e Regular Cit y Co un ci l mee 1ing of Septembe r 15 , 2003 we re consid ered . (b) Minut es of the Special Ci ty Co unci l meetin g of September 27, 2003 were co nsidered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 15, 2003 AND THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 27, 2003 . Ma yor Brad shaw asked if th ere was any di scussio n. There was none. Englewood Cit y Counci l Oc1ober 6, 2003 Page 2 Mayo r Bradsha w said !he Spec ial Meeti ng wa s to mee t a dc:,d line for th e State. fo r our app liL-auo n on 1he Tran spon ati on lm provr.:mc nt Progr:1111 . Vole results : Ayes : Cou ncil ~1cmbe1 Nabh olz, M0ure. Ga rrett. \Volos yn. Yurc hi ck. Gra zuli s. Bra dshaw Na ys: None Mori on carri ed. 6. Scheduled Vlsilors (a) Fire Di visio n Chi ef Kieth Loc kwood said I am here toni ght to talk to yo u abo ut Fire Pre ve nti on Week . I apprec iate th e opponuni1y 10 speak on a subj ec t that is ver y near and dear to th e heart s of the members of the Fire Divi sion. As evid enced by th e pos 1ers and di spla ys in th e 01hcr parts of Cit yCenter and by the number of th e folk s in the audience, it is apparent 1hat Nati onal Fire Pre ve ntion Week has begun . In a fe w minut es , we are go ing to recog ni ze the creati ve effo rt s of severa l stud e nts for des ignin g jYlst ers th at support our fire prev enti on effort . I th ought it wo uld be app ro priate 10 give yo u just a little bit ofba-;kground about wh ere Fire Pre venti on Weck ori ginated . As the lege nd ha s it , it all be gan with Ms. O'Le ary's co w in the barn back in Chi cago in 1he 1800's. No w, we don't know if that is fa ctual, but we do kn ow it is fa ctual that they had a fire, that started in that area and as a re sult of lhat fire , there we re so me 300 people killed. There was about 100,000 pe ople left homele ss and it des troy ed morr. th an 17.000 struclwes , Foll owin g that. th e peo ple of Chi cago began 10 co mmem orat e th eir effor11 0 rebuild lhe city . About 40 years later. the Na1io nal Fire Protection Assoc iation decided that, what the y reall y needed to be doil"lg , is focusing on how to prevent thi s kind of tragedy from happening again . And henceforth, that's the origin s of fire preve nti on, as we know it. What I belie ve is easil y mi sunderstood . he said , is lha1 toni ght what we are reali y going to recognize is more 1han a poslcr conte st. It is reall y about de vel opin g. or changing the mindset , with regard to pre veming situation s that re sult in injury and fire loss. Th at re all y is what o ur goal is , it is not just a once-a-ye ar type of event. but ii is a minrJ set 1hat peo pl e will ta ke th ro ughou t th e course of th eir life . Ultim alely. it is about in creasin g av-·areness about th e environment .i nd abo u1 how to keep peopl e safe . Thi s week, the foc us is on fire safet y and the effort s of th e fir efi ghters will be aimed at vi siting students in 1he schoo ls givin g them in structi ons on how to be safe. However, our effo rts in th e Fire Di vision do not stop at th e end of Fi1e Preventi on Weck. Our loc al prc vc n1i on effort s are ve ry bro ad based and 011goi ng. The En glewood firefight ers arc taking a ve ry proacti ve appro ac h in th e co mmunit y with re ga rd 10 preve nti on and educati on by pro viding in structi on on CPR . fir st l id , child pa ssenge r sent safety, bi cycle sa fet y. seni or ci tizen safet y, exiting drill s, extin gui shin g drill s and prett y mu ch any other ac tiv it y that we ca n identify th at meet s a real need in th e co mmunit y. In cl os in g. yo ur co ntinu ed support of our e ffo rt s and th e recog niti on of the efforts of the stud e nt s. is gre atl y apprec iat ed. Workin g together. we can prov id e the level of se rvi ce;: th at is nee ded 10 edu cate and pro tec t our citize ns. And with that , he said, we th a nk yc,u on behalf of th e Fire Division. Mayor Bradshaw th anked Chi ef Loc kwood fo r hi s hard wo rk . M:t)ur Br adshaw s:11 d now we have Fire Marshal Ben Gree ne 10 address Cit y C'n unci l regard ing th e f ire Preve nti on Pos ter Con tes t. I had th e honor 10 be one of th e j ud ges and ii was reall y tough. bei ng a jud ge. Yo u fl1 lk s pu t so mu ch hard work imo 1hosc.: pos ters. that I'm just so pro ud lu be a part of a co mmunit y who ha s wo nd erful chil dren iikc yo u. 1 hank yo u. she sa id . (b) Fire Mar shal Greene said th is yea r·~ pos ter cu nl es l wa s ac tu all y ove rwhel min g. I was , ery pl eased with the am ount of 1urno u1 and I wa s also pl eased with th e fo ur judges that I had who :re ver y takt:n ab ack by the amount of wo rk that the s1udcn1 s had put in . I had th e Honorab le Ma )'Or, Cou ncil Me mber Wolosy n. th e Supcr in1 en dcnt of Sc hoo ls a nd a we ll know n art tea cher. Sheil a Olso n fro m tlu: Hi gh Sc hoo l. doin g th e j udgi ng. They spent all Fr iday aftern oo n dc ba1in g, he lpin g me to pick out the wi nn ers , :md th ey were toug h. I wo uld lik e to pre se nt th os e now. I wo uld lik e lo have Direc tor Chri s Olso n :ind Bill Yo un g, Pres id e nt of th e Fi refi ghte rs Assoc ia tio n, 10 co me up 10 ha nrl uut th e pri1.es . Fi re Marshal Gree ne ann oun ced the wi nn ers: • • • • • • Englewood C ity Council Oclober 6, 2003 Pagc3 Bishop Elemc111ar y: l 1 1 Cass1d~ Pilling , 2ai.1 Catherine Marie Meye r. 3•it Scout Harri s Cherrclyn Elcm cn lar y: 111 D:m1!!1le Renaud. 2nd Ann a Sr hul z. 3•J Sln nc l-lam 1\to n Cl ay1on Elcmc ni ary : I" Jamie Thomp son. 2nd Randall Kl oc\,-.:r . J'J Joe Hoogc nd yk Cha rl es Hay Elcmen1ar y: l\1 Rebecca Eridson. ~nJ L1h1h Jacobs. 3'd ll an nah Ericksun Maddox Elementary: I" S1cphcn Da ughcr1y. 21111 Na ncy Dcnford. J'd Jared Ward All So uls : I" Keary Ea 1on & Mall ory Holstein. 2aJ John Andres. )111 ava nn ah '.'!cbon S1. Lo uis: I" Jad.ie I-lug ge r. 2nd Ale c Womcld orft. 3•d Meg han Becker The winn ers we re eac h given an enve lope with the ir cas h pri ze. I" Pl ace • S::?5 .00. 2nd Pl ace S 15.00 and 31d Pl ace S10.00. The cash pri ze s were donated by th e Fir..:fi ghtcrs Associa ti on. All th e win m:rs were given a rou nd o f app lause. Fire Marshal Greene said I wo uld lik e to in vi te the winners and their familie s to join us in the Co mmun •1y Room fo r a brief recepti on. (c) Ch ristena f ,;tc s Fara ci said unfortunately John Dill. who wa~ ,;c hedul ed 10 spea k, wa 5 called awa y sud deniy. so I am he re in hi s pl ace. I am here represe nting the Uon't Tum Race tra cks inl o Casinos Co mmittee . We are the oppo sitio n to Amendment #33 . Thnnk you for all owing me a few min1.1 tcs to talk about th e rea sons why we believe that you, and the cit ize ns of Englewood, should be opposed to Amendment #33. I am sure you have a lot of information. Th at you ha ve been inundated v.ith direct ma il pieces fr om both side s, have see n the T V commercials, and the num erous cditori.il s in the news co e1a ge. So I won't go in10 1he nitty-griuy of the initi:ni vc language, alth ough 1he language is in the packet that has bee n passed around to yo u all. If you have any que sti ons, hopefully . I will be ab le 10 answe r them later. As J ~:l id . Amendment #33 is a proposal to bring a minimum of 500 slot machine s 10 ea ch of the fi ve fr ont- range ho:se and dog tracks . Thal is the minimum ... that is the fl oo r. that is nOI 1he ceiling. We . on the ('l ppositi on campaign, have visi1cd Rhode Island and have seen what has gone on in Rhode Island . That is the only other tra ck th111 Wti:mbley . the London based company, who owns the lour or fi ve tracks here in Colorado. has done there . They s1aned at 400. they went up to approximately IOOO and :ire now at 2200 machine s and arc expected to go up 10 about 3200 nc:xt year . The in itiati ve ':i ngu:ige. inciden1:illy. state s that the Lottery Commi ss ion need s to maximize revenues so ... in th e initi ati\·e \angu age ... that is part of their job to approve more ma chines Again . if Amendment #33 is approved, th e London based compan y wi ll ge t a ,•irtual monopo ly over casin o ga mblin g in the fr onHange via a co 11s1 i1uti ona l amendm ent. That is an unprecede nted move for a pri va te compan y to amend the Sl ate constituti on fo r. basicall y, co niractual purpo ses. Out of 1he State's share of profit s, co me s the cost, admini stra1i on and main tc nan re fo r 1he slot marhine s, including all beno r pa yo uts. So. it is a lilll c mi sleadin g when the y say we arc go in g to gel 61 percent of th e pro fit . Th at is not true . Wembl ey ha s al so ex empt ed them selves from the Staie ga min g iax, whi ch is. in part. re served to reimburse host communi1ie s fr om local impa cts of calli no gambling . So , Wemble y. in essence . gets S 1.5 billi on doll ars over 15 years and ano1her SI .8 billi on addit ional subs idy 1n th e cost of the mac hin es. Co loraci lj:!.r'I S will fo rgi ve at lea st S250 milli on in fran chi se fees. nOI 10 mentio n the amount of money the y wi ll siphon off the mountain towns funding for hi stori c pn:serva tion. If Wembley really wanted 10 nego tiate a deal with the best intere sts uf th e Sta te Co lorad o in min d. they wou ld have done so in a wa y similar to what the y did in Rh ode Island . Wemble y ge ts 26 pcrce nl an d Rhode 1 ,lan d ge ls the balance. I percent to help mitig :ne the loc al impacts 10 traffi t·. l:1 w enforl·c mcnt. t:tc. Th ere i!I no loca l \'0tc. there 1s no loc al mone y 10 miti ii:ate the negati ve impai.:ts. that is why th t: Colora do Mun ic ipal Leag ue and 1hi: Colorad o Co un1ie s, In t· .• along wi th a num be r uf indiv idu al cl e-.:ted offi,·1a ls, tu;::1c lik e Co lorado Spri ng s and Puebl o, ha ve all co me o ut in offi cia l oppus lli on to this propo!l al. /\nd again. there is -..;; organiza1i onal end orse ment of opposin g Amendment #33 in y,1 ur packe 1. so I \\11r, ·1 i;u th mug h th e numerous li stin gs of orga ni za ti ons. lnc1denta lly. Wembl ey ha s been indi cte d on :!2 co unt s of uncth k al bu sine ss practi ces in Rhode Island. I am not ll UfC th rn that is the ki nd of co mpany th at tht: Slate of Co lorado and th e citi zen s here want to ge t in bed wi th . I ha ve just a co uple of qui ck. las 1 pni nt s. she said . The State cannot 1mp.lse :my ru les on Wembley casi nos. if they can pro ve th at ii interferes wi th th eir abili 1y lo make a profit So, as ii stand s ri ght now. underage children. unlimi1 cd stakes gamblin g is approved unle ss rule s arc otherwi se pro mul gated by the Lotter y Co mm issio n. Again. she said, re cognizm g !he lousy dt:a l that thi s is fo r the State of Co lorado. fo rm er Gove rnor Romer , Gove rnur Owe ns. the Dcn\'er Pos t. th e Roc ky Moun1 ai n News, 1he S1eam bo:11 Pil ot. 1hc Gra nd Junction Dail y. and the Bo ul de r Ca mer a have all Englewood Cily Co unc.·il Oc1obcr 6, 2003 Pugc 4 co n.c 11111 cd it orrn li zmr .1ga ms1 Amendme nt #33. Th i:-. 1:,, abou t g:nnb lin g. thi s is not abo u1 1ou11 sm. whil'h is wl,11. piac ti ca ll y. 1101 one maj or ch:unbcr, or lc gi1 ima 1c ..-onvc nti on in 1hc Vi sitors Bu reau, has :,,up por1 cd 1hi s. I •hink 1ha1 :,,ay s a little so methin g about what thi s is rea ll y :1bou t. Th is 1s abo ut mak ing mnnc y for a Lo nd on 0ased co mpan). So wi 1h that . she said, I guess I '"II wrap up my com ment s. I don't kn ow if it is ap pro pr ia 1c to lake q ue stions. or not . Thank ye u Ma yor . Ma yo r Brad shaw asked if th ere were any qu es ti ons. There were nonr.. M:•yo r Bradsha w tha nked Ms. Farnci . There wa s applau se. (d) Linda Co un terman. 297 5 South Pe nn sy lvania Street. said once again I stand here before you in regard s to the five free-run off-leash dog parks in the C11 y of Eng lewood . Look wha t you have created . You ha ve crei\ted a group of peop le divided as to how fi ve of our Englewood park s shou ld be used . Some peu pl e a-e from th e same communit y. Eng lewood . So me arc from our neight-o rin g co mmunit y. Den ver . Some people are so pa ss ionate rego.rding th is iss ue that the very air ree ks of 1ension, when 1hey are all gathered togeth er. I need t<J kr.ow how long yo u are go ing to let thi s go on. II is your responsibili 1y. as ou r elected public se rvant s, 10 reaso nably and responsib ly correct what is wrong. Thi~ si1u ati on that yo u crca 1ed , with a lack of education, resear~h and funding , ha s resulted in a di srupt ion of ti • sa fely and peace for all people usi ng our parks. A decision was mad e to let dogs run free , witho ut barriers, di sregarding program s and assoc iati ons that were already using the park-; for athletic fields and pra cti ce fields, as well as di sregarding the surroundin g re sidence s and their fam ill ~s th.ii were usin g the se parks for pla y and family gatherings. Thi s was also a decision th at was made without considera1ion of how it may affect the pea ce of the surrounding homes and their re si den ces . Unsolicited r onlact from off-leas h dogs is unwelco me . I am sure that all of you have en countered unsolicited visits fr om people while tryin g 10 enjoy a mea l. a walk in the pa rk or just enjo yi ng family time . The foeling of the disrupti on of your peace. that time s like that have caused you. are 1he sa me fe elings of di srupti on that it causes while being so li ci 1ed by dogs in our parks . This iss ue is not foreign to yo u. I quote , "b ut if yo u ca n definit ely see a decline in the number of people using the park and there are lots of dogs there. I think we need to take a loo k :11 it so that it is fair to everyone. becau se ri ght now . it see ms a linl e lopsided . I check every week . a different day ea ch week, and there are prob lem s.·· Ann Na bhol z-July 21. 2003. Englewood City Council minute ~. I al so quote, "it so und s like a horrib le problem" -Ma yor Bev Brad sh.aw. Jul y 2 1. 2003. Engl ewood Cit y Counc il minutes . Not fo reign to yo u. as well as. still nm fixed by yo u. You arc a Co un ci l of pe ople. elected h) th e people, 10 repre sent an d serve the people . I enco urag e you. Ma yor Bev Brad shaw and Ci ty Co um:il Members. 10 lis 1en to the co uncil perso n 1ha1 represe nt s th e district re ga rding thi s maner . It has been sa id th at co mpromise needs to be made , and what h:.s been offered 10 yo u. many times. as a comprom ise. is to fence thi dog run . You we re gi ve n an offer fr om a pri\'ate party . to donate the fen ci ng for ~uch an area . Wh y 1hen have yo u nol accepted thi s offer ? Co mpro mi se needs 10 be made . yes. Yet yo u have fail ed. as members of the Co uncil. to co me up" ith a co mprom ise bette r th an. or othe r th an. fcncir:g. Yui1 arc aware of !he probl em s. co ncern s and co mpl ai nt s. especi all y co min g from the Bates Log an Pa rk l1 :;::rs .... d ha ve co ntinued to ignore iss ues raised :md cominu c to pass matt ers uff to th e Parks and Rec reati on Cn mmi ss iun. whi ch then in turn . gi\'CS mat1ers back to 1he Cit y Co unc il. A l'irclc co ntinu all y pass in g their rc~po n:,ib ili1 y off to others. an d no t one pany willing IO so lve the problem . Mayor Be\' Br :.ds haw and membcrs of the Co unci l. yo u have sai d !hat a City Cou ncil ordinan ce ha ~ been pul int o efk l'I making ou r fi ve nff-lcash dog parks permanent. Ci ty Municipal Code Ordinan ce 7-1 A-2 (A) and (B 1, lJogs Running At -Large : A. Dogs al -large, ii shall be unlawful fo r any ow ner or perso n having care or cu :-.tody , ·ri co ntrol of any dog. to ullow i-11..:h :1 dn g lo run al -large in,.,,. r ity. For the purpose of thi s SC(:li on, u dog shall be dee med 10 he runnin g at -large when off or away fr, prcmi !<les of the own er. posse ssor or keeper. there of a nd nnt nn le.i sh held by a pe rso n able to co nu ,)1 11c dog. Par1 8 . P.u agrarh A :,,hall not appl y to pil ot pro grams au tho ri zed by Co un cil reso lut io n. If thi s is ca ll ed a pil ot program in !h e Ci ty Muni cip al Code and is reaoure sscd once a year ... s1a1ed in lhc City Co uncil minute s and I quote . "So it be came permanent with the :1gree mc nt that we shou ld re visit the iss ue once a year " -Jerre ll Bla ck, dated Jul y 21, 2003. How ca n we call th is a permanen t Ci ty ordin ance? I ha \'e asked severa l times for the minute s that wi ll provide 1he new Municip al Code ordi nance th al mak es thi s permanent . and I have gotten no r~spo nse. I have found no suc h orrl in ancc passed in th e Ci ty Co uncil minute s. Thi s will bring me to my cl os ing . I am askin r; :,-ou, Ma yor Brad sha w. to res pec tful ly rem ove yo ur se lf from any and all decisions and di ~c uss ions rc:ga rd · 1,g 1h,: off-le:,sh dog programs . My rea so ns stand as follow s: :as di :-.i:uss ion fro m Septembe r 15. 2003. i,1 the Cit y Co unc il • • • • • Eng lew oo d Cily Counci l Oclohcr 6, 2003 Page S mee ting. you stat ed 1hat dog. ow ners. home o wners :111d par k users wi ll ha n: 10 learn to gc.:t alo ng. bct·au~t· the off -lea sh dog park s arc here 10 ~lay. You a lso st.u ed, Mayo r Brad !:>ha w. tha t yo u use th e o ff-lc a~h dog pa rks. you arc a re sponsib le dog ow ner and yo u lea sh yo ur dog or dog :, whe n l'hildrcn arc prese nt and m play . Thi s repre se nt s a co nfli ct o f interes t ;md bia s. What say yo u. Ma yor Bradsha w'! Th ank yo u. Ma yo r Brads haw thank ed Ms. Co unterman . There wa s app lause. (c) Sco n Smolarczyk. 3195 So uth Acoma St ree t, said my co nce rn is the Broadwa y Plan 2003. as pa ssed by th e Planni ng and Zonin g Commi ssio n on Sep tember 23, 2003 . I obj ect to the Plan's recommended po li cy to ready th e .:nvironment fo r in vestme nt , as qu oted on page I . Th e Plan ca ll s on th e City of Engle wood 10 ass emb le aud po siti on pri va te property fo r in ves tm ent by anoth er privatt.' property as di sc ussed on pa ge 47 . I o ppose a po tential de vel opment of a node al Dartmouth Avenue and Broadw ay as proposed on page 11 and I oppose the planned strategie s fo r acquiring properties adjace nt to thi s node. Accordi ng to page 43, deve lop ment of thi s node wi ll require extending th e 8 2-Zoni ng to the full bl oc k. which is currently occ upied by my neigh bo rh ood. Once my neigh bo rhood is rezoned. th e plan states on page 32 that properties not in co nforman ce witl1 current zoning , should be chan ged fr om use by ri ght to non-co nfo rm ing. I di sagree with thi s stra1cgy to use re zo ning to take away a perso n's property ri ght s. I al so disagree with th e strat egy m.::nti oncd on page 27. 10 use Urban Renewal Di stri cts and th e powers that acco mpany thi s desig nati on. incl uding co ndemnati on, to ac quire areas of fragmented ownerships such as my neighborh ood. I strongly di sagree with Zi n)' prope ny acq uisitions strategy that uses government to tak e pri vat-: property fr om one ow ner and give it to ano th er private owne r, who the gove rnment think s will put it 10 a bcner use. On page 32, the Plan acknowledges th at so me method s used to brin g underutilized propertie s up to a better and hi gher use, are controversial. Howe ver, on pa ge 27. the Plan sugges ts th at cities th at ure these controve rsia l methods. and take on a more proac1ive ru le in th e assemblage of pro pertie s for redeve lo pment , are at a di stinct competitive 3<lvant age fo r in ves tm ent . I wou ld now lik e to prese nt a video of th e tele visiori program "60 Minutes'" en·.i tl ed "Em inent Do main" as tel ev ised on CBS September 28, 2003 , h is procll (ced by Robe rt G. Anderso n and narra1ed by Mike Wallace . The vid eo give s examples of how many !,,ca l governments arc abu sin g th ei r powers 10 acq uire pri va te propcnic s fo r redeve lop ment I si nce rely hope that our Cit y chooses not to use such met hods. There was ap plau se. The vid eo was show n. Ma yo r Brad sha \\ to ld Mr . Smo larczyk that hi s 10 minute s was up even though the video w:1 s not co mpl ete. She th ank ed hi m. Again there was appl au se. Mayor Brad sha w said 1hank s fo r bri ngi ng th at to our ,menti on. Th ose of yo u who we re not at our S1udy Se ss ion. need to know 1ha 1 the City i~ go ing to hold publi c mee tings wi th all th e neighbo rh oods. The y me! with bu siness es fi rst. . .I apo logize. We wi ll be meeting wit h t!ic rcside ni s in the th ree differe nt corridor s. l :fore we do anythin g. There were co mment s fr om the au dience. 7. Unsc heduled ,.isitors (a) Eugene Norman sa id ea ch of yo u mu st realize yo u are harmin g yo ur sel ves ;i s much .i s yo u arc harmin g yo ur fellow hum ans. My anc mpt is to go beyond that ignorance. Beyond the bureau cratic inep ti tude th at is de stroyi ng th is couniry . To ig nore me. not to ac t on wha1 I prese n1. is no more than :111 ac t of ignorance. You arc all eith er un awa re or uninformed . In eit her case. it can onl y be defined as a di sgra ce ful state of bein g. Time is no\ on my si de. but with coope rati on I ca n pro ve myse li far be yo nd cac h of yo u. in relative fi elds of aware ness, in dea li ng wi1h our foo lishn e~s as a nati on. Pa st pap ers dealing with var ious directions or thought . have proven me to be cr,rrcc l cl cse to 99 perce nt of th e lime . I ha ve !h e pas t pape rs. co pies of wh ich were pre se nt ed 10 the Englewood Cit y Co un ci l and th e Englewood City po li ce, lo no avai l. I contend th at the encount <"rs I had we re not acc id ent al. With yo ur help. I can 1ake yo u beyo nd our sad state nf being . I pe rformed an expe riment dea ling wi th pme nt ia l extra tem.:slri al co nt act. The experim ent was succe ss fu l on a rela 1i ve level. I am now ancmpting co nta ct wit h my fell ow hum ans. Success or failure is depc nd enl on eac h or you . Th ink ... th en fo r y0 ur own so ul, act. I wa s doing SOS sig nals with :1 fl ashlight when co nt:1c 1 wa s made . I'm fo r yo u. I'm not agai nsl yo u. One is a s1a1c of mind . The past paper s pre s1:ntcd by me. to Cit y Co un cil. have. at thi s point in time. proven to be extremel y Eng lcwot Oclobcr c Pug, 6 accura te. You would do well to 1:11,.c heed . The :u:c urnl·y uf wh:11 I prc scn 1cd canno l be dcmcd . I :a::,M1mc it 1s on record Mill. If so, I sugges t you rev iew 1hosc papers . And ma ybe , ge t in toud1 with me agnin . Ma yo r Brad shaw thanked Mr . Norm an . There was appl nu:,.c. (b) Kathy DiMarco sa id thank yo u for offo ring me thi s oppo r1uni ty 10 talk 10 you toda y about safety in the Ci1y of Eng lewood, specifica ll y about 1hc off-leash dogs at Ba1es Logan Park . I li ve half a block away fr om Bates Logan Park . Fir st of all. let me 1e\l you that I :am not anti -dog . My family's dog . Dobbi n. is a ve ry important part of our household. He is not. hO\\'C\'er. my child or my baby . He is our pct. He is loved, he is cared fo r and he is we ll trained . I am also not agai nst dog parks. I happen to think they arc a very good idea . I just don't think Bates Logan is a dog park . Howcver. allowing off-l eash dogs to run wild th rough Ba1e s Logan Park docs not pro vide a safe environmen t for t',c dogs. Mo re im portantl y. it is not safe for the citizens of the City of Eng lewood . When I vme fo r Ci 1y Co unci! members. as I have in eac h of the electi ons for the la st nine yea rs tha1 I have lived here, I expect that whil e yo u arc in offi ce. yo u wi ll provi de for the safe ty and welfare of th e ciiize ns of Eng lewood . t am hi::re to 1ell you. yo u have neg lected and ignored thi s ba sic element of Ci ty government Now that the park has been turned int o a doggy toi let, I am not surpri sed that it stink s. The girls' soccer game tY,O weeks ago had to stop so the dog feces could be cleared from the field. And before yo u te ll me tha t h.Jving off-le ash dogs at Bales Logan Park is safe. thi nk about thi s. Your fai lure to acknow ledge the danger that e,cists, docs not alleviate th e danger you ha ve created. Accordi ng to the America n Kennel Clu b. a very dog friendly associat ion. all dogs can bi te, regarJless of size or breed . The Ce n1er fo r Disease Contro l remind s us thal 4. 7 million A1T?ericans are bitten by dogs each year. As m:iny as GO percen t of those arc children. 800,000 people require medical attentio n every year fo r dog bites. These arc not wild dogs , the se arc fami ly dogs . exactly what you have wi1 h these re spo nsib le dog owners at Bales Loga n Park. The Center for Di sease Co ntrol. the America n Kennel Club . 1he Humane Socie ly , the ;\mcrican Veterinary Medicine Association. the Dumb Friends League. and the American Socie1y of Plastic Surgeons. all ag ree. Most dog bit es ca n be prevented . Bates Loga n Park is a fami ly pa:k. It ha s a socc,:r field, a ball park, a basketball court. a picnic pavilion and a playgro und . Families shou;d be ab le 10 enjoy the park withou1 th e ri sk of gelling a dog bile. But . there can be as man y as 30 dogs runnin g and jumping through that park . There have alre:idy been instances of dogs bi1ing peo ple. I do not wan t any child to ha\'e 10 go through the pain and trauma of hav ing to deal wi ti1 1he life long physica l .in d emotional sc:irs of a preventab le dog bi le . and I am sure you don"t eith er . The Dumb Friends League prnvides the article. "W hy Dogs Bite : A Guide lin e for Chi ldre n." In it 1hey state that 1he noises and move mcn1 you make when you play are very exci ting 10 dogs . A dog can hurt you by accide nt, just by bei ng too exci 1ed. Quick movcme n1s and sudden or loud noises arc sca ry fo r dogs , and they may bite 10 protect themsel ves. Let us use ou r common sense. As much as dog ow ner s may enjoy the off-leash privileges al Bal es Logan Pa rk, it is nut safe for our children. Chi ldren at Ba tes Loga n Pa rk shou ld be al lowe d 10 run around , and jump and pla y. These are the ve ry actions thal can cause dogs to bi le, Recently. durin g my so n'!. socce r ga me. an off-leas h dog happi ly ran 0 1110 the fie ld, cha sin g th e players and th e ball . h was not funny . ii was dan gerous. Thi s past summer as I was holding my 6 year-old so n ·s hand and wa lking to the drinking founla in, a dog ran ove r and jumped up on him . And rhr. owners siatcmcnt was "oh, he wou ld never hurt him " was of linl c conso lal ion, as I had 1n grab my child up and ou t oflhe dog·s way. Mos t children , when th ey arc binen by dogs. are bin en in the face. in 1he neck and in the upper extremities . So what can yo u du? You can be ),marl. yo u can be safe, yo u ca n be re sponsible for 1he ),afoty and we lfare of the l'hi ldrcn :ind familie s of the Cit y of Englewood . The American Kennel Clu b recom mend s a dog should he kepi on a lea sh wh\!n it is out in :t pub lic place . Bates Logan Park is a pu bl ic pl:1t·e. Dogs al Bale s Loi;:111 Park should he on :1 le:1sh . Crea te a dog p:1rk a way from socl'e r fie lds. playgrounds, ba sketba ll cou rt s :md picn ic pa vili ons. Prnvide a fenced area fur 1he s:1fc1y uf th e dog s and t~e s,1fc 1y of the citize ns. It should have adequmc wa s1e ..:a ntral. odo r rnntrol and wat er faci litie s approp ria le fo r a dog park . I am sure all the dog owner s. who w;m1 the dog park, wi ll be more th:in h:tppy to rai se the fund s. Mos t of all . do your job. Acknow ledge the need to keep our comm unity s.ifc. Prot ec t our children . Prolect !he ci tizen!. who cl e..:1ed you . Do not let our park s go tu the dngs. Thank you for yo ur time . Ma yo r Bradshaw lh :!nkcd Ms. DiM:irco . Th ere was .i pp lau :,.e . • • • • • • Englewood Cily Co uncil Oclober 6, 20-03 Page 7 (c) Bc,crl y Cummin s, 30-1 S.,uth Acoma. ~a id I have bee n here before and I :1111 b:tck ag:1111, but !h is ti me it is fo r my own bc ncfi1. beca use it is my neig hbo rh ood. At 1hc mcc1ing. and here too. yo u said we wo uld be in cluded in thi s. We have n't had any inform ati on before. so we wo uld apprecia te it :ts soo n as poss ible . I am not fn r ii . I 1hink we need 10 1:1kc ca re of Broadwa y and th e slorc!i that arc open no w. We have a lot of empty spa ces as it is. and a 101 of buildin gs tha t are e mpt y. )1 too k :,.ix month s fo r the buil di ng I wa s ren ling to be re -rented. so I know they arc not tha t eas il y ren ted. In thi s Pl:m that yo u have, it doesn't j ust take Broadwa y. It says Ka ise r is a pe rfe ct exa mple . Okay . if it is. th en loo k wh at it is goi ng to do to my dup le,. thre e-ca r gJ. 1ge, and my :i bi li ty to have my rent al next door. And all of my neighbors. th at I know and appreciate. will be out on a limb. th e sa me way we wo uld be . It is not rig ht. You fo lks ha ve homes . I wonder ... would yo u li ke th em wken away.just to be li er ei th er Englewood or Li nl ct on or Broadwa y? Yo u are not thinking of the lin le pe rson. yo u arc 1hinki ng of mone y. It does n't have to co me from us littl e peopl e. it should be something from 1he Ci1 y. You are th e ones that have done all of thi s ex tra. ii is no! all of our doin gs !hat thi s is what has happe ned. I would apprecia te you lett in g us know and letting us rea li ze th at th is isn'1 us 1hat you arc includin g, in thi s Plan. Thank yo u. Ma yo r Brads haw (h anked Ms . Cu mmins. There was ap pl au se. (d) Al Gord o n, 3045 South Aco ma , said I li ve in one of th e older houses on that stree t. I've been in co nstructi on fo r pretty cl ose to 43 years . I know 1oday. the co nstruc tion workers who work tod ay, don't bu ild the houses and do n't show the concern , tha t 1hcy did 30 years ngo. or eve n 40 . The Plan you hu vc put into place. where you wa nt to redo Broa dw v ... what makes you so sure and so con fid en t th at these bui ldings will be built properl y. Because th ey ...re goi ng 10 cost a lot more mont!y to build ? You sai d you didn 't ha ve any money . Where are you goi ng to get it ? If you don·, have the money 10 buy 1hcsc homes, how arc you go ing to have the money to bui ld new build ings? Where is th at goin g 10 co me from? I moved here in 197 0 and I winc hed. and I'm sure we all remember. when Cinde rella City was bciug bui lt . The world 's biggest shoppin g center . Where is it tod ay? II doesn't exi st. Wha t makes yo u think if yo u redo Broadway , in fi ve years 1ha1 is goin g 10 ex is1? Ten yea rs? Pe opl e have 10 take int o co nsid erati on what is being done. I bo ught my home in Eng lewood. in a nice. qu iet. safe neighborhood . 1h at I don't have 10 wo rry about I ca n go out at 2 or 3 o'cl oc k in th e morni ng and I don't have 10 worry abo ut he in g mu gged \l r any1hing elsc ... or bump int o a dru g dea ler . Tha t is why I move d he re. I move d out of a rea ll y bad neighborh ood, reall y bad . 8•,.1. yo u want 10 take my hou3e away fr om me and you wa nt to make ii a bu siness secti on. I have one thing fo r yo u to th ink abou t. Let's go 10 Park Meadows an d yo u ge t a ni ce CD playe r fo r $80 .00 and it has all th e \iul e thin gs and gadgels, bu! 1hen yo u find the exacl same CD playe r in an off-th e-wa ll mill so mew here fo r $20.00 . It is the sa me thin g. Wh y is it more ? Becau se the y ha\'e to pa y more to build those buildings . The y have 10 pa y more taxes fo r !h em. Le! th e perso n who is livin g ther e. in th ose homes, pa y !he laxe s like !hey do. If I'm not pa yi ng my ta xes. take my hou:,.e . Bui my ta xes have bee n pai d. jus1 like eve rybod y d sc on our bloc k. We paid ou r 1:1xe s. Wh y !t hould \\C suffer beca use you w:in1 lO pul up :i brand new Park Meadows out here on Bro adway? It is n01 go ing to wor k. I sa w th em build Park Mead ows. They th ought ii was goi ng to bring in all this money and it is nm . It is no1. If yo u loo k :t i it re alit y wi se. ii is not bri nging in the money the y th ought ii was goi ng 10 bri ng in wh en they d1d 11. his go ing to be th e sa me way here on Broadway . The same way here in Englewood. I am 101:1 \l y again st you doin g thi s. If you want 10 bu y my house. I'll sl'll it 10 yo u. t-.ly wife and I ha ve disc u:,.sed thi s. You c:m buy my house for one nu ll ion dnllar s. The rcaso n I ca me up with tha 1 pru:e. wa s bcc ;1use !h at wi ll pa y uff my lo.in und my mort gage, and it will help me bu y a new house 1h:n I can bui ld just like the nnc I CH\'n now . Th ere wa!i :1ppl:tuM!. Ma yor Br:i.ds ha w th anked Mr . Gordon . (c) Darlene Worsham. 3 160 South Lincoln . said I be lie ve 1hat I :am impacled by th is. Wh al I wan ted 10 brin g 10 your aucnti on wa s so methin g 1ha1 no om: else has talk ed abo ut. And th at is th e hi storic aspec t of Englt!wood, whic h is 101:ill y ig nored :i nd neglec ted . If )'OU go down tu the Libra ry. dnw n:.lairs. 1hcre is a boo k down th ere th at ta lks abo ut Englewood archit ec ture . It de scribt!s the liulc Englc"ood bun ga lows. just li ke I li ve in . whic h are abn ut 500 or 600 square feet. The se we re bunga lcl\\s th at were buih becnu:,.c peop le co uldn 'l affo rd 10 live in Den ver. These we re built in abo ut I9 I 0-I 9:!0 . I ;un just 1hinking. nka y. yo u go ahead and !Ca r ii all down and put up someth in g new and hi gh ri se. I dun't kn ow where I am go ing 10 go , I can gtJ oul to Ca hin rn ia wuh my dauglu cr. I c:m go 10 Te :<as. m !<>omewhere lik e Englewood Cily Council Oclob,r 6, ?003 r age 8 1ha1 , J gue ss . Uu1 , my fo lk s uriuinally m0\'Cd here in 1947 und when I move d baC"k down here in 1994 . it w:1s like co min g home to me, but Englewood isn ·1 the sam e an ymore . I hate 10 ~ee th :tt de stroyed . Th e man fr om the Pl :mning Commillee earli er said, we arc hoj)ing people won ·1 go h , Lin lcton 10 shop. Well you kn ow wha1. Linlcton ha s a his1ori c fa rm . !hey have a muse um, they h:t\'C a ':Vo rld War II mem orial. th ey ha ve all or these his 1ori c th ings. plus tree s. shad)' sirec1s, yo u ca n shop d0wn1 own. and yo u've go t shade. You guy s have 1orn ou1 all 1he tree s along Broad way and pul up th ese skinny linl e thin gs that provide no shade fo r anybody . There is not much to go 10 on Broadway. frankly . I agre e that so methin g needs to be done, but I don't think you need 10 lak e our homes to do ii . Thunk you ve ry much for lettin g me speak . Mayor Brod shaw thanked Ms. Worsham . There was app lause. {f) Neal Mai sc h, 2939 Sou1h Lin co ln . sa id I ha\'e li ved th ere 12 yea rs. I rent there . I believe Ih a! I am impaclcd by !hi s. He said he is going 10 lr y not 10 touch the houses but he does n't k11ow , or some 1hi11g like 1hat. I'm not sure, as I co uld hardly hear him. But . you know, we have all these vaca nt sto res on Broadway, and nobody rea li zes how long these store s have been \'acant. If we need inco me, whi,:h we do, and I unders1and 1ha1 we do, then let's gel 1hcse pl aces rented . We have new , usincsses coming in . It's not li ke we don't. We don't need co nd ominium s, we don't need more place s to rent. There are more places in the paper than yo u can rent right now. Nobody see ms to be thinking around here, because we'\'C got more th an en ough places 10 ren1 , and we've go t more th an enough places to shop ... Walgreens just ope ned 24n and we have more tha n enough bu sine sses. Now, all we 've go11 0 do is improve the looks or Broadway , ma ybe. a littl e bit, and then that's it. Instead or goi ng and throwing away a billion or t\\'O billi on dollars on this , let's just stop and think about it ln slen d of tearing out these houses and everything else. and putting me in the poor hou se .. .J'II be living in my car ... then lei's just stop and think. In stead of getting rid or all these houses for lhree and a hair miles ... is what they are pl annin e on. and pu ning in all this stuff. I don't know exactly what their Plan is, but l know they arc tearing out a lot of hou ses that the City is going to have to pay for. until somebody se ll s them or buys th e propcny. th en we need to do something else. That is all. thank yo u. Ma yo r Bradshaw th anked Mr . Mai sc h. There was app lause. {g ) Laura Strickland. 3195 Sout h Acoma Street said afler readi ng the Broadway 2003 Plan in de1ail. I ha ve three major con cerns about it s contcnls . First. it di sappoints me tha t the re sidents living near th e Broadwa y Corrid or, who wil l potenlially be impacted by the propose d redevel opment projec t, were nOI made aware that the Broadwa y Plan was being fo rmu lated . On page 4. the Pla n stales th at it is intended to be re sponsive 10 the communi ty's needs. However. input from the comm unity wa s neve r so ught. I am al so sa ddened by the negative wa y in whi ch the loc al public is ponrayed in th e Broadway Plan . On page I or this report . th e loca l public is viewed as being a constraint. whi ch co uld also be interpreted as a restriction or limitation . And. the ne ighbo rh oods adjacent to the Corridor. which li e in th e way of redevrl op mcnt. are con sidered barrier s to inve slment. Secondly. I am co ncerned abou l so me or the stralegie s the Plan proposes 10 use to acquire pri vat e propeni es and to po si ti on th ese propenies for privnte in vestm ent. I foc i that land acquisition practices used by loc al government. sul·h as rezon in £ 10 take away propc n y rights, use of Urban Renewal Di strict s. and condemmu ion. are uncthi cJ I. ir propcnics arc be ing used for private gai n. La sll y. I wo ul d like to poi nl out th at the currclll Plan lack ~ the sup port of !\OlllC importan t data . The hi stori c propcny's in ve n1 ory and Broadwa y Corridor parking in ventory, men ti oned on page 2. ha ve not ~cc n complcl cd. The eva lua ti on of hi storic propcrtics and parking avai labi lil y arc im pu rtan1 clement s or any rede vel opmen t pr ujec1 and I feel th a1 the Bro ad way Plan should not move ahead without thi s important daia . To co nclude , I fr-cl th at lh cs e co nce rn s nccd 10 be addrc s~cd befo re th is Plan is ~1dopted by City Counci l. Therefore. I oppose accc ptam.:e or thi s Pl an m it ~ cm rcnl for m. Thank yo u for yo ur time . Ma yo r Brad sh:1w thanked Ms. Str il'kland . She co mm ented . we ll sai d There wa s ap plause. (h) John Dohert y. 27 47 Sou th Penn sy lva11ia Stree t. said I :un ~urc 1hc Cuu ncil mrmbcr ~ 111 thi s ruom have heard the name Bate s Loga n more th :m th ey ca re 10 co unt . I~ f11 mly h.ts hct,.;n folltrn 1n g the no leash iss ue since the fir st lim e I drO\'C by our par k :me saw at le as ! ~O dog s and 1hci r owner s. I • • • • Englewood C ily Counci l October 6, 2003 Page 9 th ought. a 1 the lim e, hO\\ ni ce it wa s lh at a gro up had decided 10 hold a i pedal dog show :tt c,ur park . Onl y after seei ng strea ms of peo pl e walk down my street wi 1h thei r dogs tow a ·ds our pa rk. did I real ize wha1 had happen ed 10 Bate s Loga n ... a no leas h ru le for dogs. with crowds of people ta kin g th eir dogs to the pa rk from s unri se to sun set. Dog owne rs coming fr om Den ve r to Nonh Yal e Ave nue. 1yp1ca ll y \\i th the le:i !l hcs tha t ex te nd at least 12 fe el. th at all ow th eir pet s to urina lc in our ya rd s and depo si t thei r fece s for u~ tu .. lea n up. rve alre ady used a te rm these people don·1 care fo r. dog owners. The y arc 1hci r companion s a nd . in their mind s. dese rving of the .• ame ri ghts that we as hum an citi ze ns enj oy. Boul der has perfec ted 1hi s line of th inking , 1heir gro up is ca \ied FIDO and it ha s 3.000 member s that have po liti ca l cl o ut in th e Ci1 y. Fro m readi ng minute s of the prev io us Co unci l mec1in gs. it appe ars 10 me that ow loca l dog gro up is si mi lar ly organi zed . Vari ous dog O-''ners making speec he s, abo ut how they shop a1 Wal Man and Ci1 yCc n1er. be ca use o ur no leash law is so wonderful. They have even boug.h 1 homes in 1he area , because th ey ca n un lea sh their co mp ani ons and lei th em have fr ee run at B:ue s Log an. I'm not buying thi s nonse nse . Th ey shop at Wal Mart. because it is 1he nearest one in the immediate area. They 're patrons at Cit yCentcr, becau se the store s a nd restaurants are co nvenient. My family li \'eS in Eng lewood, my chi ldre n nue nd sc hoo l here. my bu siness is in Englewood and we volunteer for man y of the civic fun c1ions . My thinkin g has been , that surely my elected Counci l membe rs in Eng lewood would show more common se nse 1han th e Bould er reprc cntatives ha ve shown. It wo uld appear 1hat I wa s wro ng, but in fact, there have been propo sal s on 1}11! t.'.!ble to move lhc playgro un d eq uipment 10 anOLher park a nd in effec t. give the park to th e dog s. Althou &h , 'hou ldn 't have to sta le 1he obvious. thi s park was dona1cd and configu11!d fo r th e e nj oyment of fami lies . Whether the dog owners wan t to admit it or not, fami lies mean paren ts and child ren, baseball ba ckst ops, a socc er field, a pavili on fo r pa nics. a playgro und with me,dern equipment , grass to run on. and an ope n ditch 10 catch a crawdad or two . How has our experience at the park been late ly? A co uple pulling up on Bates. ope ning their doo rs for I.heir two labs to jump on my 5-year old s head, knoc k over my ice wa ler. and hi s comm ent was "I hope that was n't vodka ." Diny loo ks fr om the woman wi th th e little pug dog, becau se we were so rude to think we could fl y our paper ai rplanes down the hill . Co unt less dogs chasing their flun g o bjects across the soccer fi eld s. well out of th e hearin g of !heir masters . who were engaged in co nversati on with 1hcir fell ow dog owners. The typical comment s of the dog owners we re ''he will just lick yo u to dea 1h . he doesn 't bite . he wi ll jusl jump all over yo u.'' I have had a dog at all times of my life , from Pomeran ia ns to pood les to German shep herds. If I have learned one thin g, it is that dogs arc unpredi ctab le. panicularly among small children. The rapirt move me nt of children m:,kc them nerv ous and !hey quickly decide tha1 the smaller size of a child make s 1hem prey . and not a ma s1er. I kn ow there have bee n bi1cs at th e park and I hea r 1he dog figh1s fr om my fr o nt yard . Is o ne dog maul ing of a child wonh it to you fo lk s 10 pacify a small nnd very vocal group of peopl e? No amount of co mpani on logi c can chan ge the fact 1ha1 dogs han: ve ry sharp tce1h and claws, whic h 1he y use to ass ert th emselves. I hav e no1iced th e yo ung fami lie s. that 100 k their children to the park, have melted away . It is no longer a safe place 10 have their small ch il dre n. Bui 10 move 1hc famil ies, in s1ead of the dogs.just borde rs on hum or. except there is nothing funn y abo ut it. Peo ple that agree with me on thi s iss ue, 1e nd 10 be qui e1 and polite . Not so with the dog owners, who te nd to be ve ry voca l and ver) aggress ive. I ass ure yo u that you r c.·o nsti1ue n1 s did not elect yo u 10 dese rt them on this iss ue . I ce nai nly did not read thi s line of th ink ing in an yo ne's cleclion platform. The Ins t po int I wa nt to make. l unccrn s th e qualit y uf life in Englewood. As an :,pp rai sc r. I ha ve neve r see n. as a sellin g po int of a rnmmuni1 y. th at 1here are nearb y park s wi th no le as h laws . The selling po int , uf a nei ghborhood . 1s that th ere are nearb y parks to enjoy with yo ur fam ily. being childl ess or wi th yo un g childre n. I would im ag ine th at 8 oul of 10 of the dog owner s cle an up the ir dog 's fe ces. but yo u ca n clea rl y smell the 2 out of 10 whu du n·1. You can w:itch th e Ci1 y worker s laking up and puuing down the temporary fe nci ng IO keep th e soc cer fami li es happy . Yet \\C hea r how Eng lewood can·t afford to bui ld a fence for dogs 10 run . Plea se decide thi s i~s ue mnig hl. Move the no lc :t)h du g) to a .,mailer area :md rc1u rn the park 10 f'Ur familie s. Tha nk yo u. ~,1a yor Brad sha w th anked Mr . Dohen y. Th ere wa !I Jp plau sc . (i) An Emi so n. 5564 South Lee Stre et. L111lcton. said I am here toni ght 10 as k Ci ty Co un ci l to appoint a !>pccial independent coun cil to look at 1he Cit y Code En force ment issues and polii.:1cs. I am here toni ght 10 represent th at there appears 10 be corrupu on :md 1ncompc1cn ce m the se iss ues . I have had i~s uc!i \\,ith the Cit y. I ha ve bee n here bcfo re ... fo r cig h1 yea rs. I have many lett ers. man y doc ume nt s a nd my i!l suc s arc not bcmg add ressed a nd handl ed correctl y by Ci ty s1aff. I think I have dea l! with ever yo ne from th e Ci ty M:ma ge r down to th e dogca tcher . Nobody is addrc.!lsi ng 1hc iss ues. Funhcr, as a seco nd Englewood C it y Council Oclobcr 6, 2003 rugc 10 iss ue . I am se eking damage s fr om Ci1y Co undl. rcla11 vc 10 a building mo 1atori urn 1ha1 ha s bct:n pu 1 on 111 ) properly . Thi s is Series 2000. Ordinance No. 28 . You have made my pro pcriy unusab le and unst!l lub lc. I would lik e re solu1i ons or th e iss ue s. Thank }OU. Ma yor Brad shaw thanked Mr . Emi son. (j) William Martin. 38 2 1 Sou1h Bannoc k. said thi s is concern ing th e South Broadway development Our Planning Commi ssio n ha s a damn poor tra ck record. because we buih so me shopcll c dea lers in fronl of King Soopers. that sat !h ere fo r ... wha1. .. 1hree or fou r yea rs, a bl oc k away from the seni or ci tizens ass isted living apart men 1s and th ey hod steps soing up and steps going dO\vn. So, the y rea ll y are not doing a ve ry good job . what with Cinde rella Ci ty. 1hcy dried up all th e bu sines ses in Eng lewood on South Broadway. and now yo u wan 110 redo them . I just don't undersland your 1hinking there ... 10 take a bunch of people 's homes . I've lived in my house si nce 1965 . I'm su re it won't conce rn me, but for some of my fr ien ds and neighbors, it wi ll . That is th e reaso n I'm here. I think it is a poor idea. Thank yo u. Mayor Bradshaw thank ed Mr . Manin. There was app lause . (k) Karen Braem. 382 1 South Cherokee Street. said I seem to be a linle off 1he topi1.: here as I'm addressing the .!.kc rrin House is sue . A few years ago the Ci ty purchased the Skerriu House for app roxi ma le ly $130,000 .00. After th e house suffered some wate r dama ge. ii was discove red that renovation wou ld cost more than was expected. After suggestin g raz ing lh c house. and facing citizen opposition. the City offe red the house for sale fo r approximalely $60.000.00. This amount 1-; the difference between the sa le price and the insurance fu nds received for th e wa ter damage . On Thanksgiv ing of 2002 , a small group of us decid ed. he y. maybe we co uld buy thi s house. we could reno va te it, as we were a group of indi vidua ls wi 1h a lot of constructio n connections. We 100k ou r idea 10 Mike Flahert y on December 9th • At th at time. we were told th at there was an agreement that had been en tered into wi1 h Co lorado Preservation . If we wan 1ed to propo se this idea, we would ha ve to do so to Mr . Rodman. After num erou s ph one co nversa ti ons . we finally me1 wit h Mr. Rod man on Ja nuary :!8. 2003 . At that time , we had a lc ng1hy mee1ing wit h him 1hat las ted over fo ur and a half hour s. At th at time. we we re told that we wou ld have to come up wi th the funds and we would ha ve 10 dose on th e house by Apri l I 51 • The additiona l deadline s fr om the City were that 1hc structure and the roof W'l!·dd have 10 be com pleted by September I, 2003 and total rehabi lit atio n would ha ve to be completed by Dt:..:c mbcr 3 1. ::!005 . At 1ha1 time. he was sugges1i n~~ that we wou ld have to ge t Board approva l fr om our non-profil group th at we were tryi r.t• to deal wit h. 1hat we woul d have 10 review the c 1c1s and pay 1he deposit. all withi n a shon period of t11n e. The dr:~-<l ll ,1c he in1poscd on u~ was Feb ru ar y 2 1. 200 3 ... approximalely three weeks 10 gel a non-profit organiza 1ion t1. get i!'s member:. ,ogether. pilch th is idea. pitc h the deadli nes. all the 1hings we wou ld ha ve to do ... ge t app ro va l, ge l a co n1ra ct signed and get all the funds in three weeks . I do nm believe that Mark Rod man \,a s de aling wit h our gro up in a good fait h man ner, and he had no rea l intent 10 se ll to anyone c:<1.:cpt tn Co lorado Pre sc rva1ion . He pose d unrt:ali s1ic deadline s and would not all ow us more time 10 co me up w11h th e fund s or 10 propo se our project. Co lorad o Pre servatio n has now failed to complete the fir s1 pha se or rehabili tati on, is 1hcreforc in de fault under the le rms of 1hc specia l warran ty deed . Englewood ha s th t• rig ht IO exercise its re purcha !'>C opt ion. I belie ve. thal al thb ti me . Eni;lcwond is nol likel y to excrci~c 1hat repurcha se option beca use of budge 1 iss ues. However . the Cit y should nut simply allow Colorado Prcsc rva1i on an unl imi1ed amount of time to do whateve r it wanl s to do . Th e Cohirndo Pre~crvalion :,,h{JU ld be required to pro vi de the Ci ly and it s ci 1i zcns wit h details rci;ard ing i1s plan s, su1.:h as, wha t i~ 1hc sale pri ce goi ni; to be. who are th ey going to se ll i1 to. when wi ll th e project l>c complc1cd and who b go ing 10 retain lhc profi ts once 1hat project is com ple ted . To ensure that th ey move forward and 1ha1 tht:y ge t 1hi s project comp leted, penalties shoul d be impose d fo r fai ling 10 meet any dea dline s that 1hey prorx1sc. and then subseque ntly fai l 10 meet. Thank you. Ma yor Brad shaw thanked Ms. ll raem . There wa s applau se. (I) Ga ry Athe y. 3 100 Sou 1h Bannock Street. sa id 1his recent storm took out all of our trees in fr ont and we cul them down and hauled th t:m awa y. This weekend we we re pu111ni; new trees ba ck up and al ong co mes th e fo lks tellin g us abou t th is redevelo pm en t plan . or whk h we have not hc cn a part. or h:id • • • • Engl<wood City Council October 6, 2003 Page II a ny know ledge . l grew up in thi s lawn, as Bev kn ows. Ba ck in th e good old dayli , we used 10 pul E's in our wi nd ows, we were all pro ud or th is place . We had a littl e community here and we recogni zed eve ryone. Now what have we got? We are all money-gr ubbi ng people that wan t to build so methin g bigger, bigger and bi gger . We ll , I've had seve ral bu sinesses and big isn't necessaril y wo nd er ful, you guys . Morality ... if we have no moralit y in thi s town, th en wha t do we have ? If yo u want to live in Highl a nd s Ranch , you gu ys can move out there and take it over. But thi s is not Highl ands Ranch and we don't want it to be . Am I wrong ? (A pplause and co mments came from audien ce) He sai d, oka y. I told the people here . a lot of the peo ple here, that th ere nre o nl y 1wo things yo u care abou l ... publi city and gel ling re .elected . And we can change those thin gs. and we wil l if yo u don't want 10 reprr~nt the peo ple . He sa id ii is time 10 represent the people, not pla y these damn ga mes. There was appl ause . ..... Mayor Brad shaw sai d thank yo u all for co ming and gi\'i ng us yo ur input. As I sa id before, we wi ll be meeti ng with each neighborhood gro up . You can ask questi ons, you ca n ge l much more in fo rmation from the smaJler meetings , than from a large meeting like this . Staff will be addres si ng your concerns. I wa nt to thank those of you who did speak . We do li sten to what yo u say . Thank yo u. 8. CommunlcaUons, Proclamations and Appointments (a) A proclamation declaring October 2003 as Cri me Preventi on Month was consi dered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 2003 AS CRIME PREVENTION MONTH . • Mayor Bradshow asked if there was any di sc ussion. There was none. • Vote rerults : Motion carried. Ayes: Counci l Members Nabholz , Moore , Garrett . Wolosyn, Yurchick , Grazuli s, Brad sha w Nays: None (b) A proc lamnti on dec lari ng October 9, 2003 as Li ght s on After Sc hool Day was consi dered . Mayor Brad shaw sai d we jusl recei ved thi s la st week . so I said to go ahead and put it on th e Age nda . COUNCIL MEMB ER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 9, 2003 AS LIGHTS ON AFTER SCHOOL DAY. Moti on carri ed. Ayes : Co~ncil Members Nab holz . Moore, Garrett, Wolosyn, Yurchick , Gr az ul is. Brad shaw Nays : No ne (c) A procla mali on declaring Oct obe r 5 thro ugh Oc tober 11 . 2003 as Fire Preve nt ion Weck was consi dered . COUNCIL MEMBER NABHOLZ MOVED , AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 5 THROUGH OCTOBER 11, 2003 AS FIRE PREVENTION WEEK. Ayes: Nays : Moti on carried . Co unci l Members Nabh olz, Moo re, Garre n, Wolosyn. Yurchi ck , Gra zulis, Brad shaw No ne Eng lewood Cil~· Coundl October 6, 2003 Page 12 ld) A proc lamauon decl aring Oc 1obcr 23 throu gh '.\ I. 2003 as Red Ribbon Wec k wa s cu ns1dc rcd . COUNC IL MEMBER NAB IIOL Z ~IOVE D, AND IT WAS SECONDED, TO APPR OVE A PROCLAMATION DECLARING OCTOBE R 23 THRO UGH JI, 2003 AS RED RIBBON WEEK. Ayes : Cou ncil Members Nabholz. Moo re, Garren. Wolosy n. Yu rc hi ck. Grazuli s. Brad shnw Nays: None Moti on carried . 9. Public Hearing No pub lic hearin g was schedul ed befo re Co unci l. I 0. Consent Agenda C I EMBE R GARRETT REMOVED IT EM IO (a) (Ill) FROM THE CONSENT AGENDA. CL '\!BER GARRETT MOVED, AND IT WAS SECONDED, TO AP PROVE C01'" ,EN DA ITEMS IO (a) (I), (Ii) and (Iv), 10 (b) (I), (II), (Iii) and (Iv) AND IO (c) (I). {a) Approval of Ordinances on First Re ad ing (i) COUNCIL BILL NO . 67, INTRODU CED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORD IN ANCE AUTHORIZING THE EXTENS ION OF A LEASE AGREEMENT BETW EEN ABC. INC .. THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON . (ii) COUNCIL BILL NO . 68, INTROD UCED BY COUNC IL MEMB ER GARRETT A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERM IT AND INDEMNITY AGREEMENT PERTAINLNG TO THE CONSTRUCTION OF A POR CH LOCATED AT 29 3 1 SOUT H WASH INGTON ENCROACH ING l 5 FEET INTO THE REQU IRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGliT -OF-WAY . (iv) COUNC IL BILL NO . 70.1:S'TRODUCED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINAN CE FOR APPROVAL OF A CONSTR UCT ION EASEME , T AND LI CEN SE AGREEMENT FOR THE FIRST CHURCH OF CHR IST. SC IENTIST AT 3701 S. LOG AN STREET. ENULE WOOD . COLO RADO . (b) Approva l of Ord inances on Second Readin g (i) ORDIN A1'CE NO . 65, SER IES OF 2003 (COUNC IL BILL NO . 44. INTRODUCED BY COUNC IL MEMBER GARRETT) AN OR~!NAN CE AMENDING TITLE 11. CHAPTER 7, ENGLEWOOD MUN ICIPAL CO DE 2()"(). BY ADDING NEW SECTIONS 25 THROUGH 31 . ltlCLUS IVE , PERTAINING TO NE WSPAPE R CO RRALS . AND AMEND ING TITLE 11. CHAFT ER 3. SECT ION 3. PERT AINI NG TO OBSTRUCTIONS. (i1 ) ORD INANCE NO . 66, SERIES OF 2003 (COUNC IL BILL NO . 5 1. INTRO DUCE D BY COUNC IL MEMB ER YURCfll O .) • • • • • Englewood City Council Oclober 6, 2003 Poge 13 AN ORDINANCE AMENDING TITLE 15 . CHAPTER 3, SECTIONS 3. 4, AND 6, ENGLEWOOD MUNI CIPAL CODE 2000. ON ABATEMENT OF NUI: ANCES. TO CHANGE THE TIME LIMITS FOR ABATEMENT OF NU ISANCES . (iii) ORDINANCE NO . 67, SERIES OF 2003 (COUNC IL BILL NO . 65, INTR ODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE AMENDING ENGLEIVC0D MUNICIPAL CODE, TITLE 4. CHAPTER I. SECTION 3. SUBSECTIO I J. RELAT ING TO PURCHASES WITHOUT BIDS. AND ADDING A NEW SUBSECT IO N E RELATING TO RULES. REGULATIONS, AND POLICIES NECESSARY TO CONTROL PURCHASING ACTIVITIES . (iv) ORDINANCE NO . 68, SERIES OF 2003 (COUNC IL BILL NO . 66, INTRODU CE D BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD FOR COMPLET ION OF THE U.S. 285 SIDEWALK PROJECT. (c) Resolutions and Moti o ns (i) PROFESSIONAL SERVICES CONTRACT WITH C-WEST CODE CONSULTANTS FOR PLAN REVIEW SERVICES FOR THE PHASE 2 PLANT EXPANS ION PROJECT . Mayor Bradshaw asked if 1here was any disr uss ion. There was none. Vote results: Motion carried. Ayes: Counci l Members Nabholz, Moo re , Garren. Wolosyn, Ywchick, Grazulis. Bradshaw Na ys: None . .... IO (a) (iii) A recommendati on from the Dcpanmcnt o f Public Works to adopt a bill for an ordinance amendi ng the Englewood Municipal Code to give staff more flexibility in granting encroachments int o the public ri ght -o f-way was considered . Co uncil Member Garrett said we have a serious iss ue . l think. in the sense that people like to build reta ining walls or struct ures. in essence . to keep their land fr om fa llin g dow n over the sidewalks. In order to do th at, under the cunenl ordi nance, if it is not more than twelve inches behind the si dewalk , th ey ha ve to ba sica lly enter into an en cro nchmcnt agrcemcn l with the City , because th at is en croac hing on the City 's ri ght-of-way. That proce ss may , not all cases, but in most cases. take a bit 100 long. They have to come before City Cou nci l a nd ii takes a coup le re ading s 10 ever get that oj Cco mpli shed . If you are tryi ng to d'l that in the su mm~r seaso n, ~n u may mi ss your window of o pportunit y. So. we had ia lked about it in S1udy Sess io:1. .. abou1 allo ~ ing, basica ll y. the Pub lic Works Department, in certain circumstances where they may be on th e sidewalk line, 10 ha ve so me diM:relion fo r mos1 of the cases where they ca n go ahead and conlinue 10 build, and not have to have an encroachment agreement, th at requires City Co unci l approval. It co uld be done t y the Public Works Department or throu gh the City Manager 's offi ce. The way thi s one is currently written, it basica ll y says the) have that di scretion as long as 1hcy arc mee ting the current code . Which ac tu ally is not what I was intending. is to do it on 1hosc occas io,tS where people arc building retaining walls right up 10 the sidewa lk line . So that is the rea so n I pulled it. What I wou ld rec om mend is that we eliminate the cr iteria number I from 1hi s particul ar bill , which will allow Mr . Ross and Public Works 10 ha \'e the discre tio n to en "' r inlo an encroachmen t agreement I am in the same situation. he said, Englewood City Council October 6, 2003 Page 14 I have things that bas icall y keep 1hc dirt fr om goi ng on th e sidewa lk . Th ey ure small and should no! requi re two readings and a t:ip to City Co uncil and 60 days. Now, some of the cases we have seen befo re , where the re are site line problems at co rn ers. th at may req uire that th ey co me 10 Ci ty Co unci l. I would li ke to leave it up to 1hc di sc reti on C\f staff, that i• lh c reason 1 pulled th e co uncil bill . Mayor Brad sh:iw asked if th ere was any ortu r di sc ussio n. Th ere wa s none. Mayor Bradshaw sa id it so und s rer.sc,nab le . COUNCIL MEMBER GARRRT'n O ED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (Ill) -COUNCIL BIL L v. 69, BUT ELIMINATE NUMBER I FROM THE CRITERIA IN THE BILL COUNC IL BILL NO . 69 INTROD UCE D BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 11 , CHAPTI'R 3, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AINrNG 1·0 E~;cr.•" • <:HMENT~ 1s: f fl THE PUBLIC RIGHT-OF-WAY . Ma yor Brad shaw asked if th ere was an y c,!her di scussio n. 'Jl,r ,c: w11 r none. Vote results: Ayes: Nays : Motio n cnrried. II . Regular Agenda Counci l Members Na bholz. ~~oo re , Garrett, Wolo sy n, Yurchi ck, Grazuli s, Bradshaw None (a ) Approval of Oi'din anccs on First Reading (i) Director Gry glewicz prese ntc a reco mmendati on from the Dcpanme nt of Finan ce a11d Admini strati ve Service s lo 11.dopt 11 bill for an ,.,--:finance approving the 2004 Budget fo r th e City of Englewood . He said I just ,:ant to give you a quick overview of the General Fund and so me compariso n to the 2003 Budget. As mos t people know , the City's revenues arc down so mewh at. Thi s budget is about $1.7 milli on le ss, on the revenue si de, and th e total uses of funds or expenditures for the Genera l Fund arc $2 milli on, al mos t S2 .l mill io n, less th an th ey we re in 2003. So, the Cit y ha s made so me signifi ca nt cuts in thi s budget, hopefully without a great deal of loss of se rvi ce fo r the citizens. The Fund Balance. as stated on the Council Communicati on. for th e unreserved/undesig nated , should be corrected to show $3 ,312,866.00, whic h is 9.8 percent total sourc es of fund s. Director Gryg lewi cz said th at is on th e Council Communi ca ti on under Fim. ncial Impact. I co rrected th at and that was di scussed in Stud y Sess ion. That was th at $250.000.00 transfer fr om the En glewood En viro nmen ta l Foundati on. That will not happe n at thi s time, but ma y occ ur Inter in the year. So I wanted to mukr ·h at co rrec tion. As l f il ;d, total sources of fund s for Jhe General Fund for 2004 is $34,205.148.00, wi1h 10131 .•ses al $34,680 ,121 .00. Mayor Br.:adsha w sa id I was go ing to ask thi s at Stu dy Sess ion, so I \\i ll just ask it now . Wh y isn't EEF tran sferrin g th e rione y? Director Gryg lew icz said when the orig in aJ trans fer was sc hed uled, EEF was in vo lv ed in a fair ly length y and co mpli cated le ga.l battle ove r environmental iss ue . We th ough t when th at was seuled , those funds in the se ttlement would be ,ctumed to EEF and then tran sferred to the General Fund , which acl uall y supports the Environmenl al Foundation. Si nce the legal fee s we re high er th an expected. thr settl emen t prett y much ate th ose fees up a nd 1he transfor co uldn 't be made . • • • • Engle wood Cily Council Oclob<r 6, 2003 Pogr 15 Mayor Brad shaw ~a id that wa s th e settlemcm wi th Bradley. Dirct.:tor Gryglcwit.:z sa id yes. but th ere may be a transfer later thi s year. if ce rtain m hcr coll ec ti ons are m ,i~ by the Foundation. If 1h a1 1s tn1c. it wi ll probably be less than S250.000.00. but 1h ere could sti ll be a J ns fer . Counci l Member Garr:tt sa id I s1ill need some clarificatil"'r· imm uiir Buct gc t Retreat thal we had a littl e over a week ago . Current 1y. 111 th e budget we arc ,,·ork in~ on this cv, ning. we have a ccn ain rea l estate ma tt er that may be approxi mate ly three hundred and some !~ousund oll ars. But. 1hat has n't bee n deducted from tt-.1s panicular bud get as yet. Direc tor Gryg lewicz sJid tha t js r.;Jt shown. If th at is do ne. it will reduce the unreserved/und esigna1ed fund ba lanr.e about I V'-" ·m. So it ,~o u\d be about 8.b percent. ',1 r. Garrett said if I rec all, and correct 1:ie if I a m wrong. at the Bu..i1e 1 I ... ueal we were looking at a pproximatel y $900.()(X).00 extra in th e Fund Balance. C onside11 ng that we made all ocations. in essence. fo r that $350.000.00. we th en put back into the budget, if yo u will. $550,000.00. W e ma inrnincd a 10 percent reserve. so when I look at thi s. whi c h incl udes $300,000.00 or more , but ye t we deduc t $250,000.00 which is a smaller num be r and tha1 drops below 10 pe rce nt Fund Balance. I don't see how those 1wo numbers add up. he said . Direc tor Gryg lewicz said there were funa s fo r Safety Services, Parks and Rec and 1here were som: additional fund s for Public Works. Also. there were so me le ases that were added in and reconci led. There was a Selby lease a nd that is on the rcconc ili .i ti on. There is another $3 ,000.00 for bank fe es fo r tht C 8 Ds th at the City piiys. There was also some mi scellaneous reve nue reducti ons. panicularly if you loo t at the propcny tax for 2003. That was reduced sli ghtl y fr om the estimate . So, some nf th ose were rcdur .:d sligh 1ly. Coun c il Member Garrell ~a id fro m last Saturday un til now? Director Gryg lewicz said yes. 10 get 10 the 9.8 percen1 th at we arc projectin g right no•·1. T he bu lk of the reduction wa s the $250,000.00 that isn't goi ng 10 be transferred fro m th e Foundauc n. Mr. Garrett said tha1 I understand , it is just that I left the rctrear th inking that...we weren't to ld. r a1 ! ~t I didn't hea r, that 1here -:o uld be some adj u~tments, because we were making certai n assumpti ons to maintain a IO pe,cem Fund B ''!mce, as we ll as tryin g to re s1ore some se rvic es. Some of the economic basis. th a t I base d my decision on, have 1.'ha nged . Tha t makes 1his a more difficult deci sion, because we we nt thr, 1gh a fairly signifi cant bud get retreat to tr y to nail down whm we were domg. Mayor Brnd shaw said we 1hom;ht we we re playing with real num bers o n Sa turd ay. Director Gryg lcwicz said I wi ll take the blame for th is. If th e $250.0CX>.OO were added back in. we wo uld be at 10 percent. We went in , we reconci led the proform as 1ha1 we re give n to Council and th en we reconc il ed the accou nts 10 all of the bud geted funds .. the City has numt:ro us funds . We fo und the 5250.000 00 and when I we nt back to the Director or EEF and asked if th at transfer could be mad e, I fo und o ut that it couldn't. Thal is what happened to th e additiona l .2 percelll that wou ld havt: brought 11 to JO percent. So :11 th e time o f the bud get retreat. I wasn't ac tu all y awJ re 1ha1 th at lransfcr coulJ n't be made . And that W:\S included in 1hc proforma s and whe n I rernnllled. 10 put the ac tu al bud g•·t together. that is when it popped uut. Counci l Member Moore sa id I still need clarificati on. I th ink our numbers arc about S400.000.00 lowe r now, $250.000.00 uf it bei ng 1hc issue yo u ide mi fied. but I'm sti ll mi ssin g S l 68.000.00 th at we were ta lking .ibout when we mel l:1s t Saturday. Did the se o ther things account fo r that? I heard yo u mention some sma ll stuff. M ayor Bradsha w said it is o n page I of that me mo . Coun ci l Member Moore s,11d I :1m sorr y. I'm not seei ng wh k h numbers ge t me 10 1ha1. I couldn't 1ell fr om this. wh,11 we al ready kne w abou 1 on Sa turday ve rsus now. Wh at I am saying . 1s th at 11 is more th an just 1he $250,000.00 iss ue. Bcc:iu sc, as yo u pointed out . if we could aJd back the S250.000.00, we would be at 10 percent. bu t !hat still does n't accoun1 fo r the pending Servicenter transfer. Director Gryg le wi cz said no it doesn't, th at is true. • Cuun c il Me mbe r Moore said , just 10 be dear. our 10 pe rcent on th at Saturd ay included. acrnun 1cd for. 1ha1 pcndmg tra nsfer. Direc tor Gryg lcwicz said righ1. Wh at I t'an do is revi sit the rcconc ili:tti o n and upda1e that. Englewood City Council October 6, 2003 Page 16 Mayor Brad sha w sai d th at would help , I gue ss. I th ought we were work in g with real numbers :ind I am reall y di sappo int ed that we weren 't, Counci l Mem r \Volosyn said we were working with projected. re vised sa les lax figure :; and as I understood what we did was contin1 cnt upon th ose numbers ac tu all y playing ou t. I don't know if we wan t to stan in here right now, and th en ma ybe have to address it again. I don't know where we want to go on .::is. (' ..:, •cil Member Garrett said where I was headed is that thi s Counc il made a deci sion and we thought 10 1,i:-1< .nt would be a proper Fund Balance. That doesn't see m to be what we ha ve now . I fee l lik e John, if you take $300,000.00 off of what we see here. that drops abo ut I percent, there is no way we can add $250,000.00 ba ck and get it to tO pe rcent. So it is not a $250,000.00 mi su nderstanding . it is more thnn that. T'..at is the part, I think. that causes me concern. Do we need to try to get back to 10 peri:ent, or are we going to be co mfortable with around 8.8 perc en t? Co u11cil Member Yurchick sui d WI': .:pe nt a half million dollars. based on th ose numbers bei ng added back in1 0 the budget. I don't know if w1. ·,h,m M have added back inio !he bud ge t. at this point. Mayor Brad shaw said that is what I am also concerned about. Counci l Me mber Moore said that one po int Mike rai sed at the meeting , n1as whethe r there anythi ng that could be trimmed out of the profe ssional services budget !hat would help us . On Saturday. Counci l felt that 10 percent was the minimum. And, as much as I don't want to appear'° be goi ng back and forth agai n, on those allocations we made, we didn't ha ve the money to make those r.1 locations, acc ording to thi s. I am not comfortable appro ving a budget where we are showi ng an 8.8 perce,11 proj ected Fund Balance. So, for me, I hate to sq ueeze ii out of this pocket, because I don't know ho\', ~_,any indi viduals were al ready give n news. So is there some place else to squeeze it '! I don 't think I •.a n approve so mething that is less than 10 percent. City Manager Sears sa id . again, I'm sorry we didn 't catch that. I think a lot of it is that we arc trying to deal with so me Et::F issues and also an acquisition. But, al staff meeting we did ask th e staff to go ba ck and take a look at that. We have a meeting se t up for this Thursday morning to go th roug h. in detail. whe re so me of our consulting and professio nal se rvices are at. We had wanted to meet with the Council next Monday nighl for a budget review and we will also have updated informati on on ou r sa les tax fo r the month of September. Again, if Cou nci l is no! ready to proceed, we are fine. We could co me back and try to work out the wrinkles next Monda y ni ght Is that right Frank. or is there some other reason we need 10 proceed thi s eve ning '! Director Gryglcwicz said the reason we are bringing thi s to Counci l 1onight is that we wanted to ha ve the budget done prior to the seating of the new Council. Mayo r Bradshaw said ii is not read y 10 be done . City Manager Scars said we actually could move th is 10 the next meeting and Co un cil co uld ad or,t th e budget under second reading at the firs t meeting in Novembe r, if it is se t to go in two weeks. Mayor Bradshaw said I am not co mfort ab le with the figures we got ,11 Study Se ss ion . Co un cil Memb er Grazulis sai d I do want to be vc r} careful. becau se of the message Chri s gave to hi s people , that they could keep their jobs. I just don't wa nt to bou11ce people around m.~ that, so we need to find ii so meplnce . Co unci l Member Nabholz snid Chns asked numerous lime s. is this actual, can I actually do thi s and we said !'Cs. Mayo r Brad shaw sai d he asked us three different limes . • • • • • • Englewood City Co uncil October 6, 2003 Page 17 Co un 1.:1I Member \Vul os yn sa id as I remembe r three of 1hc pos i11 ons arc pa r! of 1he fre eze. Is tha t ngh 1? Chr is did say th:ll he might nm be able 10 do that befo re th e end of the yc:ir. Mayor Brad shaw said yes. that is true . So on you r Thtirsday meeting wi th the departmen t hc;1d s. lei's go :1hcad an d li nd out where we are . exact ly. before we mee t on Mond ay . We \' ill go t!1 ro ugh thi s ;1gai n un Monda y and th en we will brin g it bac k th e seco nd meetin g in Octobe r. Is th at all rig ht .1 Co uncil Member Moore sai d he wo ul d li ke to ask Counci l Member Wolo-.y n a questi on . Ol ga. on th e s:tlt!s projection. we arc. in fairne ss to the point yo u arc making. we arc going fo rwa rd on a budge! wu h tha t projec tio n. We wo n't kno w ifit works umil the end of the yea r. he sa id . Co unc il Membe r Wolosyn sa id I :Jg ree. I just wa nt ed to say that when I made my decision. I felt. that those numbers hnve to be borne out. I made my decisi on co ntin ge nt upo n th ose numbers bei ng bo rne out. I mad e a point of saying that . To addre ss yo ur poin t of wa nting a 10 perce nt Fu nd Ba lance. makin g chan ges based on income that ha sn't yet happe ned, I didn 't fee l com pl etely co mforta bl e. Ma yo r Brad shaw sa id we also ha ve 1wo ballot iss ues. TH IS ITEM WAS CONTINUE D TO THE OCTOBER 20 , 2003 CITY COUNC I L MEET ING. (ii) Direcl or Gryg lewicz presented a recommendati on from th e Dcpartm en1 of Finance and Administra1ive Se rvices to ado pl a bill fo r an ordin ance appropriati ng th e Ci 1y of Eng lewood's :'004 Budge t. THIS ITEM WAS CONTINUE D TO THE OCTOBER 20, 2003 CITY COUNC IL ME ETING . (i ii) Direc tor Gryglewicz prese nted 3 reco mm end ati on from the Department of Fi nan ce and Ad min is lrative Se rv ices 10 adop t a bill fo r an ordinance ap prov in g the 2003 Mill Levy fo r coll ectio n in 2004 fo r lh e Cit y of Englewood . On the Co uncil Co mmu nic ati on. I did a little wrilc -up. on a horn : in Englewood va lue d at $200.000 .00. a nd I ind ica ted what po rti on of that wo uld go to the Gene ral Fund . That wou ld pay approxi mate ly $107.60 to the General Fund per year. The Debt Ser vice Fund. that is for the ne w imp ,ove ments 1hat are being mad e, as we speak. with th e pool. Ma ll ey and the Recrea ti on Ce nter. that would be 2A3 mills. whic h works o ut to S.4A7. Total ta xes paid 10 th e City of Englewood wo uld be S152 .07 ... for a house \1alued at $200,000.00. So. the tota l mi ll fo r th e Ci 1y is 8.3 1 mill s. to be coll ec 1ed in 20'l4 . The General Fund mill has not changed si nce 1992. The Dehl Services changes a little bit, he said . depc~r;i ng o n the Deb t Servic e requ irements. COUNC IL MEMBE R WOLOSYN MOVED , AND IT WAS SE CONDED , TO APPROVE AGENDA ITEM 11 (a) (Iii) -COUNC IL BI LL NO. 71. COUNC IL BILL NO . 7 1. INTRODUCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILL S UPON Ei\rJ-1 UOL Li\R OF THE i\SSESSED VALUAT ION OF AL L TAX ABLE PROPERTY WITHI N THE CITY OP ENG LEWOOD . CO LORADO . Mayor Bra r1<,uw as ked if 1here was :my di scussion . There wa s none . Vole rcsulls : t\y(!s : Counci l Me mbe rs Nab holz. Moore. Garre ll , Wolosyn. Yun:hi ck . Graz ul is. Bra dsh aw Nays: None Moli on carried . (iv) Di rector Gryg lcw icz pr~sc nt cd a rc co1 11mend a1ion from the De partment of finan ce :md Adm ini smtti ve Se rvices to ndupl a bi ll for an ordinance approving the 1004 Budget fo r the E ngle wood Cll y Cou nci l Oclobcr 6, 2003 Pa ge 18 Li11 lctun/En glc wood Was 1cwa h:r Trca 1mc n1 Plant. T he \V a!\tcw alcr Trc:1tmcn1 Pl anl has availab le fu nd s at 1hc beg innin g of 2004 :11 S I 15.674.00 with 101:1 1 ~ourcc s or fu nds lll SJ 6.806.602.00 . wi1 h 101:11 uses al S3 6.806,602.00 . leav ing end ing fu nd s avai lable at $11 5.674 .00 . CO UNCIL MEM BE R GRAZ ULI S ~IO VF.D, ,I ND IT WAS SECONDED , TO APPR OVE AGEN DA ITEM 11 (a ) CM -COUNC IL BILL NO . 74. COUNClL BILL NO . 74 . INT RO DU C\'D ll Y <:'OU NCIL MEMBER GRA ZU LIS A BILL FO R AN ORDI NAN CE ADOP1 ING TH E BtrDGF, FOR TH f LITTLETO N/ENG LEWO OD IV ASTE WATER TREATMENT Pl.A NT OR Tl It Pi~CAL YEA R 2004 . Mayor Brad shaw asked if 1herc wrs .my di scus ,..,n or G ,e: ,., ns for Di re cto r Gr yglewicz . There were none. Vole r es u lts: Ayes: Co un r il Membe rs Nabh olz. Moo re . Garre ll , Wolosy n. Yurchick, Graz uli s. Brad shaw Nays: N'lne Moti on carri ed. (v) Direc1or Gryglcwi ci present ed a rccommen dali on fr om the De partme nt of Finance and Ad mini str a1 ive Services to adopt a bill fo r an ordinance :1 ppropria tin g th e 2004 Budge ! for the Li 1tl e1on/\V 11s1ewa ter Trea 1ment Pl an l. He said lh e total appro pri ation, or use of fu nds. authorized for 2004 fo r lhe Li nlcton/Englew , Wastewa ter Treatme nt Pl ant . is $36.806 .602 .00 . COUNCIL MEMBE R G RA ZI I ,;~, '•\OV ED, AN D IT WAS SECONDED, TO APPROVE AG ENDA ITEM 11 (a)(v) -CO UN CIL 111 U . NO. 75 . COUNCIL BILL NO . 75, INT RO DUCE D BY COUNC IL ME MBE R GRAZU LIS A BI LL FOR AN OR DI NAN CE AP PR OPRIATI NG MON IES FOR THE LI TI'LETO N/E NGLE WOOD WA STE WATE R TREAT MEN T PL." T PURPOS ES IN TH E FISCAL YEA R BE GI NN ING JA NUAR Y I. 2004. AN D EN DI NG DECE MB J" .'I , 200-l . CONS TIT UT ING WHAT JS TER MED THE ANNU AL APP ROPRI ATION BILL FOR Tl f, H' CAL YEA R 200-l . \1a yo r Bradshaw asked 1f1hcrc was ;my discu s~10 n. ·1 here \\.IS nn nc. Vo te r esults : Ayes: Cou ncil Members Nab holz. Moore. Ga rr en. \\'11lm,y n. Yurd 1ick. Gra zuli s, Br adshaw Nay:.: None \1ution c:arri cd. (b) . \ppro\•:11 01 Ordm ancc s on Second Rea J mg There we n· no additi on:11 items submi ll ed for ap1m 1val on ~ecimd n:.1 din g. {Se c Agc nd:t Item 10 . Crn1!\c nt Agend a.) (c) Re so lutions an d Mu11ons There were no additional resolutions or motions sub miu cd for apµro \·al. (Sci! '-\ge m.l a h em 10 . Co nsent Age nda.) 12. Gcnerul Disc ussi on • • • • • • Engl ewood City Co uncil Oclobcr 6, 2003 Puge 19 (a) Mayor's Choice (i ) Mayor Bradshaw sai d RTD won th e APT/\ annu al awa rd , for the best Transit agency in the Uni ted Slates and Canada . Th ey asked that we pas:. a resolut ion. but we didn't get thi s in o ur packet un1il today . If staff co uld g,o ahead and form a reso lution, co uld we go ahead and pa ss one honoring them? Someone sa id i n two weeks . She said okay , but th ey needed it by th e 16th • (ii) Mayor Brads haw sa id I wanted to remi nd you of th e KidQuesl. Around th e wor ld, there wi ll be a celebration of after sc hoo l ~;or,rams on Oc tober 9th • We passed the proc lam11 1ion tonight declaring October 9, 2003 as Ligh1s on >. her Sc hoo l Day. So they have all these diffe rent thin gs go ing on. They have an Ind ia n Market at r.:1i1yio :·, Elementary at 5 p.m. At 5:30 p.m. th ey have European foods at Maddox. At 6:00 p.m., at Bi sho p. they hnve the African \n Show. At 6:30 p.m., at Charles Hay Elementary. they have an Australian puppet show. And at 7:00 p.m., at Cherrel yn. 1hey have a perfonna nce of th e Japane se NOH style. So, it is pretty ex citin g. she said, and I just wa nted to remind you about that. (iii) Mayor Brads ha w stud thank yo u Director Gryglewicz and sta ff fo r all the help at the Budget Retreat And we wi ll get th ose figures, I know we will . (b) Council Members ' Choice COUNCIL MEMBER WOLOSYN MOVED , AN D IT WAS SECONDED, TO AP PRO VF, AGEN DA ITEMS 12 (b) (I), (II) and (Ill). (i) RESOLUTION NO. 80. SERIES OF 2003 A RESOLUTION ESTABLISH ING THE ANNUAL SALARY FOR THE CITY A TIORNEY. (ii ) RESOLUTION NO . 8 1, SERIES OF 2003 A RESOLUTION EST AB LI SHThfG THE ANNUAL SALARY FOR THE CITY MANAGER OF Tl-IE CITY OF ENG LEWOOD, COLORADO. (i ii ) RESOLUTION NO . 82, SERIES OF 2003 A RESOLUTION ESTAB LI SHING THE ANNUAL SALARY FO R THE MUNIC IPAL COURT JUDGE . Mayor Br adsha w sa id the three resolu tion s esuih lishing an nu al salllr ies fo r the City Attorney. the City Manage r and the Municipal Co un Jud ge show a zero percent increase ove r last year . Co unc,~ Member Wo losy n sa id I am very glad th at the th ree people who we grea tl y va lu e and who were probab ly in a posi ti on to twisl our arm. did n't, and I rea ll y app reciate tha t, in times like thi s. Vote results: Moti on carrie d. Ayes : Counci l Members Nabho lz. Moore, Ga rrett . Wolosy n, Yurchick. Graz ulis, Brad shaw Nays: None (iv) Co unci l Member Nabholz: I. She said I wo uld like to say Happy 50th Binhday to Maddo x. I went ove r Sa turday about I: I j and !h ey had everything jumping and going . It wa s good to see a lot of th e olde r alumn i 1here and all 1he kid s. It was reall y ni ce. Englewood City Council October 6, 1003 Page 20 2. She sai d I th ink th e time has co me. 1ha1 thi s is long overdu e. I paid att enti on to the dog pu.rk this we ek and pai d att enti on to 1hc phone ca ll s and e-mail s rep resenlin g bo1h sides of th e iss ue. I :dso had a veterin arian call me 1oday. The Parks and Rec Co mmi ss ion, in Augus1. re co mm ended th at we move all th e kids lo the park nn Emerso n, whi ch ha s no playgro und equip me nt. no toil et fa ciliti es. and no pic ni c shelter. I would lik e to, wnl, Co uncil's support. re ve rse th at Le i's kc-.v thi; kid s and fa mili es at Bates Log an Park. Let's move the dor s 10 the Emerso n Park . Let that be the off.Jr :u,ti park. I have never ht>:i rd so man y pro blems with th e 0111 ... r,~l.:. The other fo ur par ks that are off ic11-~ii . we do n ·1 he ar abou,. Thi s une we do and ii has a bi g impacL My reco mMend uti on is 1hu1 we start sig nin g Bute:; Loga n, th at it is no longer an off leash park . effec 1i ve \\hcnevcr we .. an get the sign s up .. pro mptl y. That we move the off leash dog park 10 the Emerso n Park and that wr. gi ve approx ima 1cl y 3 to 4 \\Cd.s fo r the people to get used 10 1he dogs bein g moved . and !hen . as the Pl"h r. Department all ows, we start ci tin g peo pl e tl"-at co nt inue to all ow 1heir dogs to run there . COUNCIL MEMBER N/.SHOLZ MOVED, ANi.i 'T WAS SECONDED, TO MAKE BATES LOGAN .\NON-LEASH "'ARK ANO TO HA VE TtlE PARKS AND RECREATION COMM ISSIO N LOOK INTO USING EMERSON AS THE OFF-LEASH PARK. Co un 11 ·-1cmber Yurchic k sai d ,vhy does a city. lhe size or Englewood . need fi ve dog park s? Co unc1 ; .Aember Nabholz said we don't, but yo u·vc got so me real voc al activi sts . Like one of 1hc gentl eme n said. one of the things I've enco untered with workin g with the owners of the dogs. lhcy arc a very voc al, ag gress ive group . It is an entitlement to them . And I must say. that most of th em are very demandin • Council Member Yurch ic k said 1ha1 still does n't answer my question as to why a cit y the size of Englewood need s five dog parks . Co uncil Member Garrett said I can tell you wh y we did th at. The goal was to create a dog park in each of the regi ons, to provide , in essence , 1hc ability for the loc al community to ha ve a local dog park to go to. without necessarily having to load yo ur dog into a car and take th em to a dcsignat ~d dog park . Th at wa s what was di sc ussed at the joint meeting of Code Enforc ement and Park s and Rec reati on. That wa s the purpo se of it . I think most of the time it has worked pretty well in the four parks . Also. he said, it wa s not the recommendati on of Parks and Rec to move all the kids to Emerson. The recommendation of Park s and Rec, was that we create an additional pla yground fa cilit y at Emerso n. Co unci l Member Nabh olz said as th e fund s became available, the equipmenl would be pul th ere . Mr . Garrett said . yo u said we were goin g to move the children. Ms. Nabhol z said that was a mi sunderstanding, I'm so rry . I mi ss poke . Mr . Garrett sa id that was ne ver the case and so mehow thal got out. Ms. Nabholz sa id yes. yo u brou ght th at up two we eks ago . Co uncil Mem ber Garren sa id th e purpose was to create a se nse of famil y and co mmunit y im age in the dog parks aro und town, within walkin g di stance. Co un cil Membe r Yurchi ck said so if Bates Loga n isn't crea tin g th at fe d in g, why do we need to rep l:1ce it? Co uncil Mem be r \"a rrett sa id from the te stim ony thal I ha ve heard , th is is ex 1re mcly sp lit. You've gu t peopl e who are ve ry pa ssionate a· 1ut not wa ntin g to have a dog park th ere, bu1 :11 the sa me time you ha ve pe ople who arc ve ry pass iona te abo ut kee ping it . Wh en yo u hea r about sa fely iss ue s, th ere are also women who ha ve testifi ed to us th at their safet y is enhanc ed by ha vin g that as an off leash park. So I ca n tell yo u. I had a di scuss ion today with the Park and Rec Department about tr ying 10 co me up with so me kind of co mp ro mi se th at will keep so me kind of se nse of balance in 1h111 park . Council Member Wolos yn said so is anything happening in that quarter? Bec au se I mu s! say, re ga rding Emerso n as a dog p:1rk. when I went 10 the Di stric1 I meetin g. people who do n't want Bales Loga n to be off-leas h wi thoul fen cing, ca me up and told me thal the y dc finilel y 1hough1 Emerso n as a dog pa rk . wo uld no t wor k. So, I feel lik e, I don"! want 10. at the dro p of n hat, rec re ate a pro blem in 1he sam e Di stri ct. They told me l~at park ing al one. was go ing to be a pro blem . • • • • • • Englewood C ity Council October 6, 2003 Pnge 21 Muyo r Bradshaw said 1hc thin g is, I th ink there arc a lot of diffe rent things go ing on. I think De nve r cl os in g th ei rs didn'1 help us any ... hcca use peo ple think 1hat is th eir park 100. I mea n. I use Denver pa rk s, bu! I also have dog ,; th at I kee p on leashes . But I me t wi 1h Co ll ee n Bowen and Mi ke Flaherty. and we had qui1 c n. disc uss ion, as her son was th e one who W.!S binc n at Bates Loga n. And I sa id, "wo uld your so n have bctn biucn at m:oth er pl ace", whi c h could ha ppen with dogs running at large. She sa id no, because of the movement he made, th at the dog attacked him on hi s skate board twice. I think it is roo small a park .. .I do. Wh eth er yo u wanl me 10 vote or not, I will be voling. My co nce rn is, we t,nvc fo ur that nrc workin g. We have one that is a pro bl em. Let's j ust go with th e fo ur. There we re agree ments voiced. Coun cil Membe r Nab holz ~.,id ii is long mcrdut: 1h :11 we ma ke a decision. Council Me mbe1 Moo re sa id wh at I he ar is re aso nabl e tem po rary measu re, bu1 1hen Pa rks and Rec is still debating th e iss ues. Council Membe r Garre n sa id the y tal ked about fencing iss ues at Bate s Loga n. We have also lalked abo ut ha ving different days that arc all owable fo r off-le as h and oth er days th at arc co 111pl ete ly on-leas h. Co uncil Mem be r Nabholz said th at is still creat ing a problem . Cou nci l Member Wolosy n said sometime s compromi se al a Cit y park is a good thing . Ms. Nabh olz said that is true, bu1 have yo u see n an ybod y come fo rward with co mpromi se. shon of so meone wa nting to donate fence . Ms. Wolosy o said . well . actuall y when I spoke one on one 10 people after that meeting, I felt people were more ope n to compro mi se. they just want smn cthin g and I fe el like we have been just letting thi s unra ve l. Ma yo r Brad shaw said. yes and we need to do so meth ing be for e it ge ts to be a major incid ent. Counci l Me mber Nabh olz sni d ii is re al cl ose. Coun cil Membe r Gra zuli s said I fe el th ere is roo m fo r co mp ro mi se and it is our job to help predi cate tha t, or to set that up and to perh aps, if we ha ve to hav e a littl e bit furthe r disc uss ion wi1h Park s and Rec rea ti on, th an let's take that time rath er than, 1cxlay.jump ri ght in and say no. Co uncil Mem br r Nr.blu,1£. sai tl whl\l are we jumping into. uf1 er mon th s and mon th s of he arin g fr om peo ple? Ms. Gra zuli s snia I'm he,tr;n g bot h sides th ough. Coun cil Member Moo re sa id in fa irn ess 10 Julie 's co mm ent, Ann , where I co me fr om on thi s, I think dog pa rk s arc a good idea . but I still hold th at 1hcy should requ ire fenci ng an d we ca n't affo rd th e fe nc in g fo r a dog park . but , I am s1ill int eres led in th at I know tha1 th e Parks and Rec Co mmis sion has bee n work ing diligentl y to tr y to find a co mp ro mi se ... Cou nci l Membe r Garre ll ha s been kee ping me in for med . So, is there anoth er disc uss ion we can have? I do n'! wa n! to shut th e door. des pit e my ow n feelin gs. I do n't wa nt lo shut the doo r too qui ckl y. Co uncil Mem be r Garr ett sa id let me as k the Co unci l so methin g. One of 1hc pro posa ls. we in1 crn all y 1alk cd abo ut and we haven't fle shed out yet, is to have so me ki nd of ahern alc da y. like Saturd ay. espec iall y when soccer and all th at so n of stuff is happenin g. then th at wo uld be a co mp letel y an on-leash time and Sund ay would be an off.leas h 1ime . So eac h gro up wo uld ha ve a day 1.m the weeke nd in order lo enj oy the pa rk. I Clerk's note: Co uncil Memb er Yurchick made a comm ent. but I could not pi ck it up on 1he 1:1,pe .J Coun cil Member Gra zuli s said well 1hcn they wo uld ha ve 10 ge t use d to it . I'm sorr y. Th en they will have to be ciled , beca use I do feel th at. ove r time . ii did take time 10 get use d 10 the whole off-leas h in the fir st plac e . Bu i I do feel th :11 th e socce r field's lim es do come fir st. I agree with tha1 . for th e ki ds, fo r th ei r pra cti ce tim es . Out. she said . there mu st be a co mp ro mi se. Th ere mu st be some other 1imc duri ng th e week . Englewood C it y Co uncil Oclober 6, 2003 Page 22 Counci l Member Nabho lz said I don't th in k so in thi s park. It is workin g fine at th e othe r parks . At thi s pa rk, we have not reac hed a co mpro mise. I'm rea ll y glad th at Co uncil Membe r Garrett has kept yo u info rm ed. I have not heard so me of th ese thi ngs. Howeve r, I gt!t lhe phone ca ll s. I ge t the peo ple cor.i in g. I get the e-mai ls. Yo u know. whethe r we provi de a com'."'romi se, J •_ nil do no1 1hink 1ha; it will work to have one day. say on Sunday. th at the kids do n't go to 1h,, 1•ark . No. no. Th i.. N1 nom line is this is no longer an off-lea sh park. Now, if we still wa nt 10 co nside r. w11h i .. rk s and Rec'!) rccommc nda1io n. moving the dogs 10 Emerson . 1h ;m I thi nk that is a very g('o ·• t';' .1 ":. Y~ .. .1 1:m have th e gen tl eman that has all th at fo ur foo t high ... th at is ah i ~ flig her it is ... chiw ! ,1< :cn w ~> 11c wanl.S to domu c to th e City Co uncil Member Wolosy n sa id whi ch park d\d he\\,,} I l •nn::;,1c th:\t to? 1 di dn't un der'i tand th at. Ms. Nabholz re pli ed Bates Loga n. It is on ly fo ur fee t hi gh thr.1 ugh. a lu 1 ri f dogs ra n jump th at. Co uncil Member Graz uli s sa id they usuall y do n't just tlk,·: off. Co un cil Mem be r Na bh olz sai d ha ve yo u eve r go ne then· Juli e and wa 1ched the ow 11ers that stand th ere and , is it. Ms. Graz uli s sai d yes I have, th at's why I'm ta l~:mg abo ut thi s. I have bee n 1here. Ms. Nab holz sa id, I'm so rr y. I'm out of orde r. Ms. Graz ul is sa id I ha•:c bee n th ere proba bl y 10 10 12 times, al differe nl lim es of the week and different tim es of the day and I ari, nol see in g th e sa me prob lems. I am ge nin g th e other si de wi th th e peop le e-mailin g me sayin g tha t they wa nt to keep it. So lh at is why I'm not getting yo ur sid e. Co uncil Member Na bh olz sa id yo u don't live in th is area. I'm glad th at yo u co me down and look and I'm g' d that yo u get th e pos itive e-m ail s. Ms. Grazuli s said I know it is in yo ur area and I res pect th at and that is why I wa nt to li sten to you. but I also wa nt 10 li sten to the At-Large peop le , because they al so represe nt th al area. Co unc il Member Na bholz sa id of co urse. Co uncil Member Gra zuli s said I'm not aga in st it , I just think we need to co mpro mi se. Ms. Nabh olz sai d I'm just tellin g yo u where I stand a nd I wo uld apprecia te it if Co unci l ha s a be li er reco mm e ndati on, but I think it is long overdue. We need to make a decis ion. Co uncil Mem be r Yurchi ck sa id th at my co nce rn is th at ii has beco me more of a Denve r par k tha n an Englewood park . You look at Jason. th ose are Engl ewood peo pl e at Jaso n. We neve r hear fr om the oth er par ks. Th e one on the No rth wes 1 Gree nbe lt is neve r used. Mayo r Brads haw sa id th ere is nobody up th ere, nobody . Mr . Yurc hi ck sai d th ey don't eve n use th e pl aygro und . Mayor Bradshaw sa id it is a pri va te park fo r one dog. Mr . Yurc hi ck said but that is my co nce rn for Ba tes Loga n ... i1 is that th e peo pl e fr om Denve r don't have the same co nce rn s fo r the co mmuni ty th at th e peop le fro m Englewood do. Co unc il Member Garren said I ac tu all y th ink th at is an ovc rstalemenl. The majorit y of peo pl e who spoke up we re Englewood cit izen s th at use d th e park as a dog park . Th e sa me way th ere are a lot of Englewood citi ze ns who speak up and say th ey don't wa nl it. There are so me De nver peo pl e !here. Th e P.irks and Rec Depa rtment had a pu blic hea ring al Ba tes Loga n. It was a De nve r pe rso n that showed up 10 ac 1uall y spea k. Th at is lh e reaso n thi s co nt roversy on\: w out thi s summer. beca use we hi1d fo rum s on thi s a nd nobody ca me. Mr. Garrett said we hnd fo rum s 11 • 1,1i s sum mer, al Ba tes Loga n. (T he re we re co mm ents fr om 1hc audience.) Mayo r Bradshah as ked if th ere was any oth er disc uss ion. Co unci l Mem be r Moore sai d the questi on wo uld be, is it 100 premature to have th is .. I mea n maybe we ca n have Parks and Rec mcc 1 with us on Monday to disc uss thi s. Co un cil Membe r Garre ll said if Co uncil would like 10 give di rec tio n to Pa rk and Rec ... yo u kno w, whet her yo u lik e the co ncep t. sho ul d we try to fi gure out fencing alt crna ti ves ... should we try to look at alt erna te • • • • Englewood Clly f'ouncll October 6, 200:t Page 23 days alternatives, those sorts of things . I wi ll be glad h.: 1a t J ia t back to thc111 . If ii is the Council's pica.sure to shut it down as a dog park, then there i!-no poi nt •n goi ng 10 Park s and Recreation . Counc il Member Moore sni d I guess th e way I would phrase ii is I think Cou ncil is show ing a bias toward shunin g it dow n, unless we ca n find a compromise qukkl y. I am biased 10 shuHin g it dow n unl ess we can find a compromi se quick. I reall y would like to expl o,,., :::iJ und ersta nd fully, why fencing is no t the a nswer, before I make a fina l deci s io n. Ms . Grazulis s ... d J 11grcc wi th you. Mr . Moore said if we ca n 't ha ve that co n\'\!rsati on. th en I am prepared to act . Counc il Member Yurc hkk said where do they w,rnt a fcnci:, where the playground is? Mr . Moore sa id 1hat is po.rt of the issue. I mea n the playground is 0·1er 1owarjs \.\he re mos l peop le run their dogs. Council Member Wolosyn sa id I heard it being desc ri bc,·1 1Ji II dog run , which are usually long and narrow . In a way that mighl be o good thing and I bc1 it would t. :kc II n lot less a1trac1ive to Denver people. It might end up beco ming mon: of a co mmunity park. Mayor Brad shaw said my conce rn is where wo uld we put a dog fence . That lakes away a family ·s chances to pl ay volleyball or badminton. The park is just too small . Council Member Yurchick sa id the who le idea of a dog park is not 11 narrow little dog run . Thal is what you are going to end up with al Bates Logan, because there is no space to do anything bi gger. Council Member Grazulis said I would like to have Jerrell Black here to discuss ii. and go by hi s recommenc!Jtion also. • Ma yo r Bradshaw sai d I think we need to \'O tc. • Council Member Yurchick sai d you have severa l opi ni ons to take to Parks and Rec on Thursday . Council Member Nabholz sa id I was goi ng to go 10 Parks and Recreati on on Thursday and I th ought. .. forgel it, 1hey have lhcir mind s made up . Co uncil Member Yurchick said well, if so mchody wants to m~ke a motio n. Mayor Bradsl,aw sa id we ha ve a motion and a second alread y. Council Members Grazulis and Moore asked that th e moti on be res ta!ed . Ma yo r Brad shaw sa id the moti on is to make Bates Loga n an on-le as h park. Co uncil Member Moore said Co uncil Member Nab holz'~ mo ti on involved a seco nd aspect too. Co uncil Memb :r Nabholz and Mayor Bradshaw sa id th e moti on was 10 make Bates Logan an on-le ash park and for the Park s and Recrea1i on to look al m~ing ':mc rso n as th e off-leash park . Ma yor Bradsha w said lets ge t the name: of the fence guy from you. Ann. Ms. Nab holz said I have that. So, Cou ncil Member Moore sa id , the onl y immediate acti onab le ilem on 1he motion is to put Bates Logan on Leash . Effective'! Is it immediate '! Ma yor Brad shaw said it is lhree weeks. Cou 1ci l Member Nabholz said I don'1 know how we wou ld get signs up . Co uncil Membe r Wolosy n sa id co rrect me if I am wro ng. but it was nc"er an ord ina nce, ii was a program . Ma yo r Brad shaw sa id that is righl, ii is a program . E nglewood Cit y Council Octo ber 6, 2003 r uge 24 Ci1y Manag1;:r Sca rs said il wi ll tak e us a lin lc bit of 1imc to ge t pub lic nolice o ut. We l·annu l du tickets. bu! I do n't know what !h e ti me fra me lor a sign is . I wo ul d say wi th in a co upl e of weeks . He asked Ken Ross if he co uld gi ve an es timate of time fo r 1hc signs to be made . Mr . Ro ss rep lied a co up le of da ys. Co unc il Membe r Yurchick said bu 1 I th ink there sho uld be a kind of grace pcri 'Xf in th t.!rc 100. Counc il Membe r Nab holz said yes. fo r peo pl e 10 reali ze that it is no longer ,m off-leash park . Cou nci l Membe r Graz uli s said I just wish th ere wo ul d be rf!Orc discuss io n about it with Pa rks :md Rec . Co uncil Membe r Nabholz said oh my gosh. Ms . Grnz ul is said beca use of everything 1h a1 is comi ng, I hear all the posi tive thi ng s about it. And thi s is ~e way I am going 10 vo te, beca use I ca nnot go with j ust the people that arc here. right now , aga in st it . because I have all my e-mai ls th at are positive . I um not sayi ng th at I di sagree wi th you. All I'm tryin g 10 say though, is that I just wi sh for a littl e more tim e. like one week, to have a disc uss ion wi th Parks and Rec . Vote res ults: Ayes : Cou nci l Membe rs Nabho lz. Wolosy n. Yurchick, Brad shaw Nays : Counc il Me mbe rs Moore, Garren , Grazu lis Mo tio n carried . Cou nci l Me mbe r Moore sa id j ust for the record, I still am very anxi ous 10 ha ve th is co nve rsa ti on. The onl y reaso n rm voling no is. I would li ke to have th is co nve rsa tio n wi th Pa rk s and Rec , as soon as 11 is ap propriate to have th nt at a St udy Se ss io n. Mayor B,.adshaw said okay. Ms . Graz ulis sa id thill is my conse nsus also. Co un ci l Member Na bh olz sai d I apo logize fo r ge ttin g r.11. t. r lin e earli er, but as we all know, thi s has been a rea ll y hot. long issue. so I'm glad tha t we are fin all y taid ng ac tion . Mayo r Bra dshaw sa id one of many. Ms. Nab holz sa id yes. one of many . so tha nk you. (v ) Counci l Member Garre ll said I just wa nt to say. as th ere arc ~veral people s1i ll here fro m the earli er disc ussio n, th at I have n't heard fr om 1hi s Co uncil abo ut anybody wa nting to take anybody 's house. Talkin g about tak in g ho uscs ... th at has never bee n a part of what I think anybody here c11·1isioned of the So uth Broa dway Plan. It we nt to th e comm ercia l estab li shm e nts beca use we ac tu all y. maybe mi stak en(~, we said we on ly wan t to dea l wi th commercia l. We wan t 10 make sure 10 kee p re siden tial out o' this. so we don't make peo ple thin k we arc trying to take their houses. So. I 1hi nk hopefull y th at is a mis un de rstanding of what the Broadwa y Plan is abo ut. A gc ntl Cman bmught up abou t Cinde rell a Ci1y. and how it died and we had to rec reate it. This is onl y a vis ion. that i~ all th is is. ii is not any lega l docume nt say in g we are goi ng to do any1hin g. We do have emp ty space s on Broadway . We need to do things 1hat make sure busi nesses can thrive on Sou th Broadway . Tha t is one reason we spent mi ll ions of doll ars on fi xing the street scape , tryi ng to make businesses loo k helle r 10 bring pc• ·• ~ere . Please mak e sure whe n you 110 to the se sess ions, that you ask the hard que sti ons, but ;1lso und ers tund lha 1 it is a poli cy doc ument, and \nat is all it 1:.. Mayor Bradshaw th anked Mr. Garre ll . Yo u stated th at we ll . st.e said . (vi) Co unci l Memb er Graz uli s said I just wan1ed 10 po int out tha t P!lf Englcw<xxl Migh Schoo l Band was in competiti on this las t Sa1urd :1y, in CaMle Roc k, again s1 16 mher h,:Jl h sc hoo ls. They did co me in 61.b. They are one of the smalt.:st ba nds around and thei r auxiliary took 2 ove ra ll and they onl y have 6 nag people. compa red to like 15•20 in Olhcr sc hoo ls. II was a day to be proud. she said . (vii) Co uncil Member Wo losy n I. She said I would li ke 10 re it erate what Mr. Ga rren said. and rci teralc what I sa id to Co uncil.. The So uth Broadway Plan is a pla n, it is a vision, it is a directi on. I di d se e some 1hi ng s. whi ch I ,•oiccd at S1udy Se ss ion, th at I tho ught we don'l need in th ere. I thin k eve rybody who spoke tonight. all said tha ! • • • • • Englewood Cily Counci l October 6, 2003 Page 25 they would lik e to sec a rcvi131izcd Broadway Corrid or. That is the foc us of the Plan . she said. and I hope that eve rybody who come s 10 th ose mee 1ings ha s id eas abo u1 that .il so. 2. She said I also wa nt to 1ell you abou 1 one of th e rea ll y nice r thi ngs that hJ s hap pc n.:d 10 m•..: h11cl y. Th is summ er I. and severa l member s of lh e Cultural An s Co mmi ssion. worked wit h r.,em be rs of 1h e Engle wood Sc hool's an facu hy and admini strati on s1aff lo write a gra nt for $900.000.00 to inle gra te the arts int o th e curr ic ulum and s1reng1hen it as a stand .alone subj ect It was a federal gra nt . Lot s of people go fo r those and it is ha rd 10 get Federal money in co mmun itie s. We di d thi s in three week s und we wo n th e gran t. So, th ere were momen ts. be li eve me , when people were not happy and we were not work ing to gether well, but everybod y sort of stuck it out and that is what hap pe ned . so I am pro ud of th at. M~yor Bradstmw sa id tha1 is wonderful. There is a IOI of good going on. 13 . City Manager's Report (a) City Manager Scars said I jus1 wanl to note !hat. unfonunatel y. Paula Punccrclli has gi ,•en her noti ce . She will become the Publ ic Inform atio n Officer for the T •Rex project. We arc reall y go in g to miss her. She has done a great job fo r the Ci ty. We wi ll have a farewell party Thursday afternoon fr om 3:00 to 5 :30 p.m .• if yo u can come by and wi sh her we ll . It will be in the Community Roo m. 14 . City Attorney's Report (a) City Atto rney Brotzman sa id, reg arding 1he two budget items, Council Bill 72 and 73 ... were tho se continued until Oc1 obcr 20th ? Mayor Bradsha w sa id yes . (b) Ci1y Attorney Brotzman said if I wo uld like to reque st a motion to sett le the City of Engl ewood versus T & G Hardwood. 1ha1 is the gym fl oo r case. for S 12 .300.00. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO SETTLE THE C ITY OF ENGLEWOOD VS T & G HARDWOOD FOK $12,300.00. Ayes : Council Membe r Nabholz. Moore. Garrett. Wo\osy n. Yurchick. Graz 1 • Brad shaw Nays: None Moti on carried . I 5. Adjou rnment The me etin g adj ourned a1 9 :50 p.m.