HomeMy WebLinkAbout2001-10-15 (Regular) Meeting MinutesENGLEWOOD CITY COUNCIL
ENGLEWOOD, AllAPAHOE COUNTY, COLORADO
Reaular Saalon
O<tober 15, 200 I
I. Call to Ordtr
The regular meeting of the Englewood City Council was coiled to order by Mayor Bums 117:43 p.m.
2. Invocation
The invocauon was given by Council Member Nabholz .
l. Pied&• or Allealance
The Pledge of Allegiance was led by Mayor Bums .
4. RollC1II
Present:
Absent:
A quorum was present.
Council Members Nabholz, Gruulio, Garren, Bradshaw, Wolosyn,
Yurchick, Bums
None
Alac present: City Manager Sears
5. Minutes
Assistant City Manager Flaheny
City Anomey Brotzman
City Clerk Ellis
Deputy City Clerk Castle
Director Ross, Public Works
Director Gryglcwic:?. Finance and Administrative Services
Director Olson. Safety Services
(a) COUNCIL MEMBER WO LOS~ .\IOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER I,
2001.
Ayes :
Nays :
Abstain :
Motion carried .
6. Scheduled Vlsllors
Council Members Garren, Bradshaw, Wolosyn, YW'thick. Bums
None
Council Members Nabholz. Grazulis
(a) Mayor Burns advised that Golden Mayor and DRCOG Chairman Jan Schenck ,as here
10 present a Local Go\'cmment IMovations Awards plaque to Englewood on behalf of the Denver Regional
Council ofGovcmmtnts. He noted that the City is r-Kc1v..ng a second place award in the ptogram's Metro
Vision 20 20 Cillegory for the Englewood Civic Cenrer .
Mr . Schenck offered thanlu for II', pleasure of appeanng befon, Council. With tha~ he 11id, he wanted 10
tum ■'Ki face the audience, u lhis is really prcsenced to the-community . He said he wu here 10 offer
ED1lewoocl City Council
October 15, ZOO!
P11• 2
congratulations to the City of Englewood for "' ·Ming 11 Local Oovemmeni lnnov1111011s Award . The
IMovations Awards honor local govmunents and their employees for tbeir crea1ivity and productiv ity in
serving cilizens . The Denver Reg io~I Council of Govcrn.n'l(nls is joined by II numbe r of panners in
prtsenting 1he awards and we are proud 10 rCCOJIUU' you. be said . Englewood look second place in 1he
awards program Metro Vision 2020 category. That c:m~gory :,onors effons to lead the region into •lie
future, by implcmcnling activi1ics and strategies from the Metro Vision 2020 long•range ¥TDwth plan. The
award recognizes the citizen's eJTons c,n the Englewood Civic Cen·cr. which is a true community center for
culture , learning and local govcrnmenl . At the Council ofGovcmmcn1s Awards diMer, Mayor Bums and
Rohen Simpson we re recognized for their roles with the project. I am now pleilsed to present a plaque to
you for this outstandin& project, he said. and I also want to remind you that we will be seeking nominations
for 2002 :md ,' look forward h> seeing more from Englewood . Congnrulation s, again, he said, on this
achievement.
Mr. Schenck presented the plaque to Mayor Bums .
Mayor Bums stated ii wos his phi:isure to acccp1 this award on behalf of the City of Englewood. He noted
this is for the Civic Center, this building, and we would, perhaps. like to make an application for this
development one of these days . As you can tell, be said, we arc very proud of this building and the fact tha1
yo u all access it and we get so much use out of it. It has been a tremendous asset for us . He thanked Mr.
Schenck for coming to the meeting and he offered congnirulations to everyone .
(b) Molly Marken. from the: We<tem Arapahoe Couniy Homeless Alliance, said that one of
the joys of the Howe of Hope, which is why vc are here tonight, is that we have drawn 1ogcthcr people
from all over Englewood and the metro area, to create a vision for housing for people who arc in transition.
because of homelessness . We arc here 10 thank you. she said, and Bill Clayton will talk a little bil about the
House of Hope program and then we want to acknowledge the cnormiry of the contribu1ion that your
suppon has mndc . I ha\'c had the opportunity to work. with almost all the other cities in the metro area, she
said, :ind I can tell yo u sincerely, that working with Englewood has been an absolute joy and you uuly arc
extraordinary.
Bill Clayton said he would be very brief. I think )'OU all know that House of Hope is a shelter for families .
We arc puning in a sprinkle r system. he said. that will be completed any time now and, with that. we will
be able 10 increase our capaciry, up to about 49 people. At this time it is mostly women and children . it is
our hope. wit h the increased capacity, to be able to accommodate intact families . So we arc excited, with
winter approaching, to end our first year on ::<Jc b :in optimistic note . I have a time line that describes where
we have come from and where we arc heading. he said . Mr . Clayton provided Council with copies of the
program time line . He said if Counci l had any questions, he would be glad to answer them.
Ms. Matkert stated tha~ on behalf of the whole House ofHopc board. Family Trtt, which is the
organization we have contracted \\i th for management services, and. most important ly, the women and
children we have been able 10 serve so far, we would like to present a plaque to the City of Englewood in
appreciation of leadership. c.:.mpassion and guidance in establishing the House of Hope. a famil y
residential resource center for Arapahoe County. from the Western Arapahoe County Homeless Alliance .
Ms . Marken sta ted rhc y really want to acknowledge the City and staff. You arc~ .:s t extraordinary, she
said, and we want 10 thank you on behalf of !he famJ!ics and children 1h111 have stayed with us .
Ms . Marken prcscn1cd ~la yor Bums with the plJque .
Mayor Bums 1hanked ~Is . Marken and Mr . Clayton for co ming and he noted that thi s 1s 11 grcal proJeCI and
we arc very plc11scd with i1. He stated we are \'Cr)' pleased w11h our staff. We get a \01 of complimcnls like
that. on 1he s1.iffworking for 1hc Cny. he said . and I am very proud of that.
(c) Ma yo r Burns advised 1ha.1 Rosemary LaPona, President of the Englewood fl1s :urical
Society, was present 10 address Council rcgardmg the Santa Fe Depot transfer of ownership .
•
•
•
•
En1lewood Clry Couudl
Ocrober 15, 2001
P11•J
I, "" Ian
1 rlohO
1-,,1,•t
Ms. LaPorta sr.ttd Iha~ l,s1 month, the Board ofDircc1011 voted 10 transfer ownership 10 the City of
Englewood, which would get rid of a great big debt that we owe the City. I don 't know whether ii is
$7 3,000.00 or $76,000 .00, she said. bu1, we have , as a board , be en burdened with this indebtedness and ii
jus t makes sense for the City of Englewood 10 take ii over. I think the City will have 11 much bener
opportunity to work with those who can possibly get it moved, if ii can 1x mc)\'ed, or to do something that
is signific:m1 with the dcpo1, which we have not been able to ac co mplish . Ms , LaPorta noted that this will
afford us the: oppommit y 10 work on projects and concentrate more thoroughly on our membership and
doing things for them. r:uher 1han worrying about trying to p11 y off this debt, which is too ,:normous fo· us .
One queslion we do have, she stud. 1s, if this is :1cccptcd by the City Council, how long "ould it be bcrl.'fC
the transrer lllk.es place ? She said she didn't know whether Council cou ld answer that right now.
Ciry Anomey Brotzman noted that even though the Historical Society is non.profit he wanted to make sure,
ir we do take this back. that wc minimize any tax ra mi ficat ions , if there are any. So , he said, I do waot to
look .it that Irit is Council's consensus, he said, we will probably bring this back to Council in mid-
November .
Mayor Bums and Council Member Bradshaw thanked Ms . LaPona .
(d) Sandra Blythe Perry, Executive Dirtctor orinter-Faith Task Force, said she wanted to
introduce Directors Phil ':ortese and Vince Atencio who were with her tonight. I am simply here tonigh~
she said, to say thank yol so much for your contribu1ion ofSl?,500.00 to later-Faith Community Services
last year . Most of you 11c familiar with what Inter-Faith does, but I would like to reiterate what we do. We
have been in tIDs area for 34 years and we provide assislance to low-iocomc families in western Anpahoc
County, those that arc sttuggling to try to make ends meet. Because of your generosity and assistance, she
said, we can help those folks . For insrancc, she said, we spent a little over SS0,000 .00 last year oojust
Eng le wood residents alone. We gave 1,900 residents financial assistance, which includes medical, rent,
utilities , food and clothing. So we ai c working to keep families together in this community. I would just
like to stres:; ia1 with the C\'ents or September I 1•, coupled with the downrurn of the economy, thnt we
have reall y seen a decrease in our funding in September, so we 11ppreci11te yo ur contribution and we would
like to see you continue that support Ms . Blythe Perry said she would like fo r Counci l to watch a shon
video and then Phil Conese will approach Cound. She again offered her thanks 10 Council.
The videotape was shown to Counci l which addressed the mission and work or Inter-Faith.
Mr . Cortese stated that Doug Re ed. or the City orlinlc1on's Chann el 8 vi deo department, put that
videotape together.
Mr. Conesc advised tha1 he is cuncotly a member or the lme r-Fauh Community Services Board or
Directors and also Depu ty City Manager of Linleton . Ago in . he said. he wanted to reiterate their thanks fo r
1he Ci ty of Englewood 's ge ne rosity toward ln1er-Fa1th . Someltung that Ms . Blythe Perry doesn ·1 talk abouc
a lot. he said. is the case nunagement that the counselors go through and how the y woric with clicnls . h is
not JUSI come m. get a handout and leave , he said . They help them to get on the ir rect .ind these arc
dedicated pc-ople . I know yo u arc all familiar with 1he program. he said. but I think it is nice . every once in
a while , to come and sho,, our focc and say thank yo u. We have new members on the board and there is a
new energy and that energ y u to ensure thal community scr\'iccs wi ll mamtam their level or service .
Mr. Conese said he wanted to switch his hat to Deputy Ciry Manager and th.3nk 1he City or Englewood .
The spirit of cooperation between the City of Englewood and 1he City of L in lcton is wonderful . l don 't
th ink ii is said enough . There are a lot or ar~s that we work 1ogethcr on. he said. ,md I really want lo say
how much we appreciate that. The way the Englewood r .,,. Couw ii and City Manager interact the
Linlcton 's Council and Manag er has been rea ll y helpful. 1.1c Tn-Ciucs mcenngs have been very
success ful as well . I know there arc a re w things lurkin g that we would like lo gel resolved . he said , such
.is workin g together on the Hum:me Soci ety project .ind getting that staned .
Enalewood City Council
October 15, 2001
P11e 4
H1 l ,u} iu,1111l1n i
J ! 1:1 ud111
( ~
Mr. Cort.., no1ed thal he has 1ttn this center in !he daytime, ■nd it is beautiful, bu~ 11 nip~ it really loob
greal. When you drive down the mee1 wi1b !he founlDin at 1he end and the lights. ii is j111t roally beautiful.
You guys have done a great job. he said.
Mr . Concsc said he wan1cd to again thank Council for their coopen21ion tmd Cny Manager Scan ror his
assistance .
Mayor Bums thanked Mr. Concse .
7. Unsche1tnled Visitors
Mayor Bu.ms noted that the pct ord inances arc on the Agenda tonight and we have ten people who have
signed as unscheduled visitors &Dd the y all wanl to speak about dogs. We bad a public bcuing on this
mo.ttcr a few weeks ago, he said , and even though it was not a legal requirement. we had a public hearing so
people would have an opportunity to speak on these iss ue s. We had testimony for about two hours in lhis
Chamb<r. I know we have heard from some of you before , that have signed up and we would like to bear
-:,m you. The agenda says yo1tr ocmai~ should be confined to five minules. but if you could limit it to
two or three minutes we would Jppm:iate it. If everybody on this list spoke for five minutes it would lake
us about an hour 10 ge r through this list. We have had beard a lot from you individually, he sai d. We have
had letters and we •Pr-·e cilte your interest I think we had a very constructive public bearing. be said. and
we had a lot of responsible dog owners who came to see us and we have addressed a lot of issues . So, we
would appreciate ii if you would make your remarks fairly shon so that we can get on with our agenda, he
said, and get to the ordinances on this issue.
(a) Louis Rivas said he was with the Lehigh postal service and be would make his comment
quick. as a 101 of his fellow workers were present and they wanted to voice their opinions as wtll. Mr.
Rivas stated he had some pictures of his attacks. as he has suffered four dog a nae ks in the put n-.·o years in
this area . He submitted the pictures to Council.
Ma yo Bums 1hanked ~r. Rivas.
(b) Charles Trujillo advised that l:e also works for the Englewood Post Office at lhe Lehigh
stat io n and he has been a carrier there for al[l")st 20 years . Durin g that time , he said, I have seen an
increase in dog bites and I, personall y. wanted to say that I think the City needs 10 go ahead and enact a
stricter law or ordinance to increase our safe{}' to help us deliver the mail. Wheo I beard about what was
gomg on, I had already n:·ssed the first meeting, bul I felt I needed to get over here , vo ice my opini;,n and
let people know how I feel. I am personally tired of talking to people and telling people that the y nffii to
restrai n their dog, that they need to keep their dog inside the house or tied up . Many canicn throughout
Englewood have had close calls that arc not on record . I just wanted to shed some light on that I
understand tha1 , right now, lherc is no leash law on ''le books for dogs and I think that anything that can
help us to incre ase the safety. of not on ly the mail c .rricrJ, bul the ci uzcns of EnglcW'JOO and the kids . is 11
positive . If you can do somctlung about passing 11 le ash la w and mak i 1g sure dogs arc restrained. be said , it
will be 11 big plus . Also. when I heard about this, I talked 10 carriers in our office to sec bow they felt about
tl,is and lhen wcn1 ahead and passed a oetition aro und. becaus~ not evc:yonc could be here tonight. I got
pretty close 10 50 signatures on the pcnrion. The pc:ution Stales , "We tl c undersigned arc letter carriers for
the City of Englewood. Leh igh station . We would like 10 ~cc the City take a tougher stance on pc1
ownership (panicularl y dogs ) so that we may do our job of delivering lhc mall . We h,,vc seen an increase
in the number of doJt t-:,cs in m:en1 years and would like 10 sec that number redu1. d. Thank you for your
lime." Mr. Trujillo said he had lhc pc:uuon and Co unc il co,•ld look at all the s1gnarurcs. Mayor Bwns said
he co uld presenl the pc111ion 10 Council and the y would rr..tke it pan of the record . Mr . Truj ;ll o said there
wa s mu ch more he co uld say. bu1 he would gi\'e Jomeo nc else 1he opporrunuy 10 voi ce their op1mo11 . :ic
then presented 1hc pc:11uon to Co uncil.
•
•
•
•
En1lewood Cily Council
Oc1ober 15, 2001
P11e 5
Mayor Burns and Council Member Bndshaw 1hankt;'1.'.(1 . Tmjillo .
1 , ,11) bor,1 l•J li
' ,u: ;a. t rnhil ,O
'I
(c) Pilul Sager, 4750 Sout:1 Maripos i! Drive, statcct t!tat he 1~s been .a.1 Englewood citizen
since 1975 . In fact, he said, his fir,1job was delivering lbe Englewood Heral~. Back lhen, he 11icl, I dldn'I
tuwc :my problems going out collecting 111 any time of night. Jogging an :,whcrc in the City . But thinss have
changed since then. I have been with \he postal service COr five years and the lasl 1hrce years and three
months I have bttn a carrier in Englewood at the Lehigh station . Just in that time, he said. I have seen a
dog brtak through a plate glass window, I have seen dogs attack carriers. I have seen dogs that we have
called Code Enforccmcn1 on three or four limes, come out again ... repeat attacks and nothing is done. I am
he ding mail. right now, for two houses on my route . In one case, we o.re :1bout ready to hold the mail for
th e entire block . Irl can't walk. he said. I can't do my job. ft is not a whole lot of fun, when you are
walking down the strtct and you hear a growl behind you . The people who arc going 10 take advan1age of
increasing the number of dogs allowed 10 three, arc not the senior citizens with a 1oy poortlc, it will be
people who 3re irresponsible now, the ones who can'1 control one dog, they arc the ones who are going to
go out and get another two shcpherru or Ronweilers . I'm walking, carrying the mail in both hands and
have a. bag over my shoulder. We don't get to carry the neat linle things that Code Enforcement carries, we
are only allowed 10 carry 30% pepper spra.y, he said. and I have to either drop the mail. or somehow shift it
into one hand and reach into the satchel and grab ii. By then l have probably already been bit. One of
Louis Ri vas's bites occurred where there was 3 child :u home who q:iened the door and the dog came right
out In thnt case, you have no chance, whatsoever, 10 re:ict. I am sure, he S3id, you have all seen the signs
that have :i silhouette ofDobennan, that say "I can m.ilke it to the fence in three seconds ." We have less
defense against a dog bite when a dog gets out , than the Bronco" had against Se:inle this weekend. If a
person has three dogs that get ou1, I can gel the first one, he sai1... out what about the other two? In fact, a
year 3nd :i half ago , we had a bite, where the carrier went into the yard where there were no dogs and thtn
two of1hcm c3me :iround from the other side nnd one got the carrier. l think that we need to do more to
conuol dogs in Englew . ' I am a product of Englewood schools, Chcrrclyn., Sincl:iir and Englewood
High, and right now I hnvc two kids at Clayto n. I don 't want them gening bit on the way to and from
school. Mr. Sager noted that one of the wo rs t dog problems right now is just nonh of Bishop Elementary.
You may not think much about the letter carrier, he said. because that is a hazard of our job, but what
happens when a dog is out, ruMing down the street and you have a grade schooler walking by and then gets
bit. He !hanked Council for their lime .
Mayor Bums and Council Member Bradshaw thanked Mr . Sager .
(d) Mark Van Cleef advised thal he is th~ Safety Officer at the Lehigh Station. with the
United States Postal Service . I \'isited Louis R. •as in the hospital the last two times he was bit, he said .
fell it was pan ofmy duty to go down and talL 10 him and get a good firsl hand observation. so I saw the
wounds right after they were inflicted. I can tell you 1hat, as the Safety Officer, I give a talk on the average
of three limes II month and at least once a month that topic is on the subject of dogs . I am also a
responsible dog owner, he said . I have owned dogs for probabl y almost my entire adult life . e,cc cpl when I
attended college . I do not walk my dogs without a leash and I onl y own two dogs . ,\1y belief is. and I think
the statisti cs back it. that if you have more than two dogs it 1s very hnrrl 10 restrain 1hem 3nd once they arc
out there 1s no1hing you can do . He noted. it is like P3ul Sager said. 11 ,s very quick . There arc.
approximate ly. bc1wecn four 3nd fi ve million dog bite s a year . Children ac count for two million of those .
just bclie\'c that anything you can do that reduces that number would be s1gnific:int . I c:in tell you that I
have deh\'ered. at times . to Flood Middle School nnd \\ht:n I see a dog out. I do call Code Enforcement.
probably more for the safet y of the children involved . 1han for me . I know the y arc out there, those kids
don '1. I thm.k Englewood has a great response , as far 11s Code" Enfo1cemen1 . The y nlways come out :ind
they get the dogs . Now those 3re loose dogs . The problem is when you have more than 1wo dogs . If you
have three or four dogs. and one of them gets out then you h:i ve more than one loose . Since I have become
a carrier I h:ivc never said to a person that my dog doesn't bite . He doesn't bi1e me, but I don't know whal
he would do with you . I can 't s.ty that with 100% scret /, he said, and yet I hear that once a week . The less
I hcnr that the better . I don 't mind hearing 1h:it, when tt.cy have the dog on a le:ish . When the dog is not on
En&l•wood City t:oun,11
October 15, 1001
IJ'JI Lu I Iii l \.\IOtt•Jl•111 ·I
on• > 1 , d 11~..'
•• ,. 6 "1., .. ·1
a leash , I freeze. That is my posilion as the Safety Officer and l tell carriers, if a dog is loose. don't deliver
the mail. period . Because you just don't know, whether It is a Pekinese or a chow. He thanked Council.
Mayor Bums 1hanktd Mr. Von Clecf.
(e) Tom Norris, 3894 South Lincoln Street, nored that he is Mayor Bums ' letter carrier. I
was attacked a few weeks ago, he said. I realize that there are a lot of responsible dog owners out there and
1his is not about the responsible dog o""1ter . This is about the dog owner that isn't responsible enough to
keep their dog contained in their yard . In my cue:, he said, as I was delivering mail, I was on the front
porch and the dog jumped up on some trash cans next to the fence and he came right for me . He didn 't
sniIT around. He w11S ripping across 1he yard for 1he sole purpose or getting a piece of me. I don't
appreciate that Now that person hos a post office box. he said, and there ilfe several people on my route
tha1 hove post office boxes, because or dog problems that oc..:urrcd before I inherited this route . I would
jusl like 10 say that something docs need to be done . I an1 no! as concerned for myself, he said, because 1
am pretty sure I can handle myself under various situations . But I am concerned about the people who
aren't expecting that son of1hing. We as letter caniers do expect that. we have 10 look for that. The kid
riding the bicycle do'olt'D the street doesn't notice the dog chasing after him or pulling him down. Something
needs to be dor for the people who don't look for that sort of thing on a daily b.1sis.
Mayor Bur . ,anked Mr. Norm.
Ray Oa\•is advised !hat he is Englc,vood 's Post Mas1cr and these arc his letter carriers .
The rea • . I am here, he said, is to speak out for and against the proposals that are in front of the Council in
regard · . :Jogs . He stated thal lcncr carriers and dogs arc like oil and water. They do not mix . But they
also de •.'t mix with your ttash collector, your UPS man or your meter reader . Dogs arc territorial and th:y
arr ,,,·u.1g to protect their property . In Enc wood last year, he noted, we had a total of eight dog bites and
six of those occurred in the 80110 zip code here in the confines of Englewood . Would a leash law have
prevented any or all of those? Maybe r, 1. But as stated by one of the letter c·Jrriers, that loose dog,
whether it is in your yard or whether it is in your neighbor's yard. constitutes a 1hreat to them, even though
they ma y not have been bincn. By our definition. as an organization, an unrc!-trained dog is a hazard . To
be restrained ii either needs 10 bi: behind a fence . in the house or on a leash. Lc:ncr carriers have the
authority to curtail deli\'cry. to the individua l house , to the side of the street, or. if need be, !he entire block ,
if there is an unrestrained dog . Even if it 1s yo urs. m your yard and it is unrestrained . As 1heir emp lo yer,
my fim obligation is 10 make sure tha1 the y have a safe and hea lth y work environment. And having dogs
running loose , whether they belong to you m your yard or 1hey are running down the street unrestrained, is
a hazard that we arc just not going to pul up with . I ha\'c two dogs myself, albeit not in Englewood, tllld
two are tough enough 10 control, let alone three or four . He ad\'iscd that a Jenee carrier, who is not here
tonighL was bit by two dogs about o. month ago. He delivered mail. he IUmed around and two dogs came
through the screen door and both of them bit him If there had hecn three or four dogs, he might have had
three or four dogs bite him. instead of two . So when you consider the ordinance on dog conttol, we ac::k
th.al you ma.kc a de cision for the lencr carriers, for the children and for the other dtlivc:ry people who arc
out in yo ur neighborhoods every day . He thanked Council.
~fayor Bums thanked Mr. Davis .
(g) Juanita Rogers advised that she is also a mail earner m Englewood and has been
delivering mad in Englewood for almost 17 years . I also own propenics m Englewood. she said, and I live
and shop in Englewood . I have personall y been in the hospital sc\'cral times with dog bites . I weigh 120
pounds and I ha ve h3d attack Getman shepherds and Dobcmu.ns get me . She noted 11 is no1 the rcspo ,tSiblc
ones. it's the ones that think it would be so cute 10 ha\'e three or four or fi ve dogs . ~Is . Rogers staled ii is
the irresponsible ones 1ha1 gel them and 11 1s the irrespo nsible ones 1t.•ho won 't get shots for them and won 't
co ntain their dogs . The y arc the sa me people who probabl y should,1 ·1 have children . The y don't kn ow •
how 10 train an ammal and there is nu rcspons1b1lity . Smee I have mo\cd to Colorado . she s11 1d, I
perso nall y know of e1gh1 chil dren who have btcn killed by dogs Eight chil dren . Ma ybe they arc not
•
•
En1lewood City Council
October 15, 2001
P1ae 7
1 mw > tll ) 1100, l;,i,n i
1111! 1-1 1,d 11n
IJ:i!&lq
yours. she said, but they arc somebody's kid who is dead because of an unrestrained animal that wu not
!rained or 1aken care of. I deliver mail in a beauliful neighborhood and people like to ¥r.llk, Ibey like to set
out. They walk in the park and there arc dog fece s everywhere and dogs anack each other. u they arc not
on leashes . Sure, she said , they arc great dogs, and I personally like the dogs, but when two dogs get
together they do that. It is tcrrhorial, it is their habit Ms . Rogers opined that we need a leash law that is
enforced. We need laws with backbone . I am sure that the Code Enforcement people arc sick of
babysitting these people who can't take care of their own animals . his ridiculous . Everyone thinks thrir
dog is great, tha1 their dog won't bite. If it has teeth ii will bite. When I was married, she said, my do&,
actually it was mt husband 's dog, \\.-as a linle tiny sheltie . It anacked a full.grown German shepherd guide
dog. because the dog got between the master and him. That linle eieven•potmd dc,g anacked that German
shepherd. Thal is what hmppens . They arc territorfal, they are pro1ee1ive. I never would have suspecled
tha.1 . The thing is tha1 if had been on a leash, if the gate had been closed ... if, if, if. But it happened and as I
said there arc a lot of people who arc responsible . but the ide;1 1>f even thinking of allowing more anima1s
without a leash IA 1•1, and without some laws with some: kind of enforcement behind them. is ridiculous. h is
the bad neighbon.'lOds v.·here people won't take care of their animals and the ones that won't get them
shots . 'They are the ones we have the trouble with. I'm sure you all Jive in nice neighborhoods, she said,
but you should go lo some oflhc olher neighborhoods, some oflhc worsl neighborhoods, and you can 't
walk up and down the street without growling dogs coming right up against the fence and sruff. We go
through that e,,ery day , beeu~e tltat is part of our job. But it is also pan of your job to help us to feel
comfortable in this town, she said, and I love this town.
Ma yo r Bums thanked Ms . Rogers .
(h) Rurh S1eel thanked Council for the opportunity to speak to Council once again. Altl-.ough
tethering is outside of this evening 's coraiderations , she said , it is my understanding that tethering and
licensing of animals with progressive fees. based on the altering and neuterirtg of pets , will be among the
issues nex1 up for discussion . It is my belief, she said , that these too must be addressed or we will have
failed in an important responsibility as I compa::.!,IOnate , caring community . Th.at having been said, I want
lo take this opportunity to urge your suppon of the common sense preventive measures before you this
evening . Measures which have been srudied and recommcu,Jed for 11dop1ion by tM Englewood Code
Enforcemenl Advisory Comminee . For the he:1hh and safety of this community. she sa id , logic argues !hat
Englewood needs a leash law, required rabies vaccinations , humane care, sheltering, housing and
maintenance of animals , as well as a limit 10 the number of pets per household. now. It is time 10 rune out
the dissident choir of naysa ye rs who take pleasure and refuge in blaming govemmc:n1 for their self•
centered, self•scrving behavior. Either these individuals do not understand, or they choose to ignore, the
irrefutable connection, between animal neglect and cruelty, to the public interest and the public safety. She
poimcd l)Ut that the caretakers are derelict, but the animals get Llamed . The issue is nol how much a given
animal can endure . but how m~ch this community is willing to tolerate . I want to thank you. she said, for
your anention, your concern, your interest and your action .
Ma yo r Burns thanked Ms . Steel .
8. Communications. Proclamations and Appointments
(.i) A proclam:uion declanng November as Na11onal Hospi ce ~onth was cons1derc 'j,
C0111';CIL MEMBER WOLOSY:-1 MOVED. AND IT WAS SECONDED. TO APPROV 'c A
PR O~'LAMATION DECLARING NOVEMBER AS NATIONAL HOSPICE MONTH .
Ayes :
Nays :
Motioncart1d
Council :vtember s Nabho lz. Garren . Bradshaw . \Volosyn .
Yurchi ck. Grazulis , Bum s
None
Enalewood City Council
October 15, 2001
Paa• 8
ru I th )bm ,,Y!:i1J
f ,,, , • 11do11( 1
"'}~1.'l
Mayor Burns advised that we have an hem that is no1 on !h e agenda, but the Council members are aware of
it. He said he would like lo ao 10 the podium at this time .
Mayor Bums asked City Manager Sean to come down to the podium
Mayor Burns said he did not think Mr . Sears "11S aware th.It the y were going 10 do this. He noted it was his
privilege tonighl to surprise him .
M.iyor Bums stated that Gary Se:ars began his career in city government in 1972. where he served&\
Assistant City Manager for the City of LO\'tland . In 1977 has career took him to t!le City of Greeley where
he was Personnel Direc tor unul 1980. Gary then made a move 10 the mountains and served as Town
Manager in Silverthorne through 1986. That is when he mo ved back to the metro area and became the City
Manage r of Glendale, where he stayed for eleven years . On November 3, 1997, Gary stancd a oew career
path, when he c:imc 10 the City of Englewood as our new Ci1y Manager. In addition to his le■dtrlhip roles
in these various Colorado municipalities, Gary served as President or the Colorado Municipal League in
1993 and 1994 . He SC1Ved on the CML Exccu1i,e Board and on several CML comminees. He wu
President of the Colorado City and Counry Management Association for a year. Since coming to
Englewood, Gary has guided lhe Cily lhrough some very irnpo111nl and challenging projeclS . The
redevelopment of CityCenter Englewood, which includes our move to the Englewood Civic Center, the
improvements along South Broadway, the renovation of the Allen Water Treatment Plant and the on-going
plans to rede velop the General Iron Works site. just 10 name a few . He also has been a fair, accessible ,
compassiorui.te :ind very visible City Manager on our staff. We ca n't forget !he most importanl pan of his
life, his love and devotion to his wondecful family , his wife DiaMe and his children. Ben and Adrian .
Mayor Burns advised Iha~ a couple of weeu ago Gary Sears anended the tn1ema1ional Ci1y Manager's
Association National Convention in Salt Lake City where he told me he was gain~ 10 receive an award ,
from 1ha1 organiZJtion, 10r thiny years of service as a City Manager. As I understand , they told him at the
time that the awards wcn :n't available, but 1hcy would be mailed . The y did mail the award and our staff
has hidden this award from him.
Mayo r Bums stated that for all the previously stated reasons and man y more, we arc proud to present this
special honor 1onigh1 . This plaque is from the lntcmi:n io nal City and County Management Association for
th iny years of service to Englewood City Maruiger Gary Sears . He said ii reads as follows . "In honor of
thiny years of service 10 local government Gary L. Scars is recognized for significant contributions and
achie\'emenls :n the advancement of local go\'cmment administration . Presented at ICMA 's 87'3 Annual
Co nference. Sall Lake City , Utah, September 26, 2001 .'' He noted it is signed by the President and
Executive 'J ireclor. Mayor Bums stated ii was his honor. on behalf of the Ci 1y Council, 10 present this
plaque to Jary this l!vening . He offered his co ngra tulauons .
City Manager Sears no1ed 1hat it seems like he j1 ~01 into this business yeste rday . This means a lot, he
said . Mr . Sears 1luinkcd Mayor Bums and Counc i. for 1he l.l Uutandingjob they have done . And . he said,
obviously. I ha ve an oulSlandin g staff and it i~ definitely a team ctTon . Mr . Scars stated that he apprec iates
the supp on of his wife :rnd bds . I re:ill y appreciate 1h~ re cog nition. he said .
Ma yor Bums ad vised thar 1hc-re would be a lin k :ecepuon in the Community Room for Gary . He ;nvited
everyo ne 10 jom in.
The meeun ~ recesseJ al 8:33 p.m. for a bricfrecepuon .
The meellng reconvened al 9:06 p.r:,. with all members present . Mayor Bums thanked everyone for
an endin g the rec epll on. He agam oflcred his co ngra1u l:111ons to Gary Scars.
9. Public Hearin&
•
•
EnaJewood City Council
0.lober IS, 2001
Paae9
No public hearing was scheduled bcforo Council.
10. Consenl A1end1
, IHI ) , , ) boou.,I n:1
'00' 1 ,,,,f(J,-')()
Ill•~•
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (1) (I), (ll), (Ill), (Iv) and (v), 10 (b) (I), (II), (UI) and (Iv), AND 10 (c)
(I), (II) and (Iii),
(1) Approval of lrdinanccs on First Reading
(i) COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND Il'IDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL IN THE PUBLIC RIGHT-OF-WAY.
(ii) COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINA NCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD,
COLORADO .
(iii) COUNCIL BILL NO . 68, INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD ,
COLORADO. FOR THE FISCAL YEAR 2002 .
(iv) COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
THE CITY OF ENGLEWOOD , COLORADO, IN THE FISCA L YEAR BEG INNING JANUARY I,
2002. AND ENDING DECEMBER J I, 2002, CONSTITUTING WHAT JS TERMl:D THE ANNUAL
APPROPRIATION BILL FOR THE F'SCA L YEAR 2002 .
(v) COUNCIL BILL NO . 70, INTROD UCE D BY COUNCIL ME:-IBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE 2. OF THE ENGLEWOOD MUNICIPAL CODE
2000 BY THE ADDITION OF A NEW CHAPTER 12, ESTABLISHING A TRANSPORTATION
ADVISORY COMM ITTEE FOR THE CITY OF ENGLEWOOD, COL ORADO .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 57 , SERIES OF 2001 (COUNC IL BILL SO. 61,
INl'RODUC ED BY COUNC IL MEMBER GARRETT)
.\N ORDINANCE AMENDING TITLE I, CHAPTER 7, SECTIO N 2; TITLE I, CHAPTER 7A,
SE CTIONS 14 AND 15 . OF THE EN GLEWOO D MUNICIPAL CODE 2000 PERTAINJ':'-IG TO
JL RISDICTION. POWER .
Enalewood Clly Council
October 15, 2001
wu l (I i") IJuu ,, /~rt:-1
JOO~ i:. ,:t,lul ,0
P11e lO to, ..... ,
(ii) ORDINANCE NO. 58, SERIES OF 2001 (COUNCIL BILL NO. 63,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNrrY AGREEMENT
PERTAINING TO A RETAINING WALL AND FENCE IN THE PUBLIC RIGHT-OF-WAY.
(iii) ORDINANCE NO. 59 , SERIES OF 2001 (COUNCIL BILL NO. 64,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT "TRANSFERS OF
WATER SERVICE" FOR TRANSFERS OF WATER SERVICE BETWEEN THE DENVER BOARD OF
WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD. COLORADO .
(iv) ORDINANCE NO . 60, SERIES OF 2001 (COUNCIL BILL NO. 66 ,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING THE TERMINATION OF A LEASE AGREEMENT BETWEEN
RADIO VENTURES (KQXI) AND THE CITY OF ENGLEWOOD A'.'10 TIIE CITY OF LITTLETON.
(c) Resolutions and Motions
(i) RESOLUTION NO. 73, SERIES OF 2001
A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FOR THE 2001 BUDGET OF THE
CITY OF ENGLEWOOD, COLORADO.
(ii) CONTRACT WITH KNIGH T EQUIPMENT SALES IN THE AMOUNT OF
S22.714.00 , FOR THE PURCHASE OF ONE MANURE SPREADER.
(iii) CONTRACT WITH POWER EQUIPMENT COMPANY IN THE AMOUNT
OF S72,444.00, FOR PURCHASE OF A FRONT END LOADER.
Vole results:
Ayes: Council Members Nabholz. Garren, Bradshaw, Wolosyn.
Vurr.hick, Grazulis, Bums
Nays : None
Mo1ion carried .
11 . Rqular Agenda
(a) Approv3l of Ordin3nce s on First Reading
There were no :i.dditioll.31 items subn .i ned for approval on first reading . (See Agenda 11cm 10 -Consen1
Agenda .)
(b) Appro\'al of Ordinance s on Second Rending
Mayor Bums advised that Council would be considering Council Bill ~o. 36 and Council Bill No . 37 on
second reading. He noted that Council had two versions or each council bill in their packets .
•
•
City Attorney Brotzman explained that the version that is not in bold type is the one Council passed on first
reading . •
•
•
EnaJtwood Clly Council
October 15, ZOOI
P111 tt
(i) Council Bill No . 36, amending Ti tle 7, Chapter IA of the Englewood Munic ipal
Code pcnaining to dogs and cats was considered .
COUNCIL MEMBER GARRETT MOViED. AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (I). COUNCIL BILL NO . 36.
COI /N CIL BILL NO . 36. INTRODUCED BY COUNCIL MEMBERS YURCHI CKIGARRETT
AN ORDINANCE AMENDING TITLE 7, CHAPTER IA , OF l HE ENGLEWOOD MUNICIPAL CODE
2000, PERTAINING TO DOGS AND CATS .
Council Member Bradsh3w said she had a question . Ma ybe it is just me , she said, but on page five ,§ 7•
IA -7 (a), it says "It shall be unlawful to kill, main ." She asked if that shouldn 't be maim instead of main.
City Attorney Brotzman agreed that that should be maim.
Council Member Yurchick asked which version they are voting on now . City Attorney Brotzman advised
that Council Member Garrett just moved the venion that went on first reading, which is the one without
bold t'JPC . He stated that Council will need to make a motion at this time to amend it.
Mayor Burns explained., to clarify funhcr, that the bold type items are the suggc5rions from Council's
previous discussions , &t Council's previous meeti1tg and Study Session.
In response to Council Member Grazuli s, Council Member Bradshaw explained that Council had to put
Council Bill No . 36 on the table and now we can amend it We will \'ote on the amendments first and then
pass it with the amendments .
Council Member Yurchick ask,:d if the y wanted to change the 24 hours on the clean-up , before they do the
amendment. Mayor Bums sni d yes .
Council Member Bradshaw asked ifhc wts tullcin g about an amendment to page seven {of the bold type
version)§ 7-IA-8-1 CW -"within twtntx·four '24) hours after lxiins dePPsitcd", to change that to 48 hours .
Council Member Grazulis stated she thought that sounded more reasonable . Council agreed .
Council Member Bradshaw asked if the y needed to move that amendment.
Council Member Garrett said no . bceausc Council hasn't approved the amendments.
Council Member Bradshaw said '-"kaY, then we will just chan 8c that Sit noted this is about removing
excrement within 48 hour!, on your own property .
COUl'oCIL MEMBER GARRETT MOVED , AND IT WAS SECONDED, TO AMEND COUNCIL
BILL NO . 36 AS REFLEC-.'F.I> IN THE BOLD TV ,~. VERSIC 'I Nu MB ER TWO AND TO
REFLECT A CHANGE FROM 24 HOURS Tf; 48 HOURS IN SECTION 7-IA-8--18 AND ALSO
TO REFLECT IN 7-IA•7, THAT IT SliALL llf. UNLAWfUL TO 1'-1!.L OR MAIM (NOT MAIN),
Ayes: Council Me!T'tx:'rs ~abhol1.. ':;arrett , Bradshaw, Wolosyn.
Yi trchick . Gr..zulls . Bun,:;
Nays : None
Monon carrie d.
Mayor Pums stated \Mt the amendmen ts are ildo• ,:ed. He asked 1f th er~ we re any funher amendment s.
• There were none . Ma yor Oums called !"1:i r 1h.. • .;II! 0 11 Counci l Bill No . 36 as amended .
Ma yo r Bums i1dv1sed tlmt 1f th ere was an r furth er disc us sion. that would be fine .
Eaalewood City Council
Oclober 15, 2001
IIJU) (11 Jltt If
10 jl,I 1 I 0
P11e 12 I ,1
C\,.tmcil Member Yurchick asked what they were voting r-;., now.
Council Mcn ,i"-,-Grazulis said she just wanted to be sure about what they were votin1 on.
Council Member Garren explained that they were voting on Council Bill No , 36, as amended tonight
So, Council Member Yurchick said , we arc voting on the amendments . City Attorney Brotzman uid no,
they ore vo1in~ on 1he whole thina now .
Ma yo r Bums n01cd Council has approved the ame1 dmcnts, but WI! haven 't voted on the en tire ordinance as
amended .
In response to Council Member Yurchick. Mayor Bums confirmed that they were voti ng on Council Bill
No . 36.
Mayor Bums asked if there were any questions or if there was any confusion about the motion.
He asked if Council was .. ca<ly to vote on Council Bill No . 36 as amended.
Mayor Bums asked thmt Counci l vo!C on Council Bill No . 36 as amended .
Vole results:
Morion carried.
Ayes: Council Members Nabholz, Garrett, Bradsha w, Wolosyn,
Yurchiclt, Burns
Nays : Council Member Grazulis
Council Member Grazulis uid she would like to explain why f'he voled agains1 this . As we had a lot of
discussion with \he City, with citizens showing up on three different occasions. and I received numerous
phone calls 1nrt 1-:ners at my home, she said. I have come to the conclusion, that there arc just as many that
are responsib l.: and I think I have to S) ·ak up for !hose people who are responsible pct owners. I am going
to pursue some type of a dog park. for those people who afc responsible , and also some of the other issues
th3t .,.;u be considered next. But I jwit feel, she said, that ,·,c arc not seven and zero , because of the input
from the citizens. There were a number of people against this, especially in my District, and I will just be
the one that votes against it. I ran 50/50, she said, so I can go one way or the other . I am going to reprcsLnl
those who are responsi ble pct owners . One thing I would like to sec implemented. and th is has to do "'ith
Judge Atencio, is that when certain citations arc given to people and they have to come before the Judge,
that we have in place the people who have volunteered to oo educational programming. They would then
be referred 10 those volunteers 10 learn how to be responsible pct owTJ.ers . There were some people
interes1ed in doing that . she said, so we need to gel with the Judge and try to arrange 10 have him meel with
!he volunt~ers so they can discuss what !hat would ent:ul.
As there was some question as to 1he sturus of Council Bill No . 36. City Attorney Brotzman cxphined that
the bill will co me back to Council. a1 t?le next meeting , on seconrJ ,c:aJ ing .
Council Member Bradshaw noted that Council Bill No . 36 wen! back to firs! readin g because of the
amendments . Ci1y Anomey Brotzman suued it is because 1he amendments were substantive. The bill will
come back to Counci l, on second reading . :>.t the firs1 mcettng in Nove mber. he said .
(1i) Council Bill ~'lo. ,7, amend ing Title 7, Chapter IA of the Eng lewood Municipal
Code: pcnaming 10 number of 11rumals m:untamed at a household or premises was considered.
•
•
•
Englewood Clly Council
Oct ,,!Y.r IS, 2001
,.,,,, 13
h ntm > ,.1) !Jo,,n ,ti•:"! '1
Ofl '"! nt'uJ;O
'°t J!{r'I
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITE~• 11 (b) (II)· COUNCIL BILL NO. 37.
COUNCIL BILL NO . 37 , INTRODU CED BY COUN CIL MEMBE R YURCHICK/GARRETI
AN ORD IN ANC E AME NDI NG TITLE 7, CHAPTER IA . OF THE ENG LEWOOD MUNICIPAL CODE
20JO PERTAINING TO THE NUMBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR
P'lEMISE S.
Council Member Yurchick said he had a 4uestion on the amendment. You i:an correct me ifl am wrong,
he said, but as he n:ads Ibis , as of January I, 2003, if you have mon, than two dogs or two cats, you need 10
get rid of one. I though~ he said, that ii was not the intent oflhe Code Enforcement Adviscry Comminee
to force anyone 10 get rid of a dog or cat. He asked if that was correct.
So , Council Member Bra~.haw said, that wording needs to n:flcc1 that. Counc il Members Grazulil and
Yurchick agreed.
Council Member Bradshaw asked City Attorney Brotzman how 1hey can change the bill to reflect that.
City Attorney Brotzman said that what you can do , under the grandfather amnesty claust, instead of the
bold type language, is reinscn the snick.en language that begins "All households presently owning three
dogs or cats without a hobby breeder's license ." You Actually want to reinsert that as your grandfaL'1er
clause, he said.
But, Co uncil Member Yurchi ck. sa id. we need a date . That was part of the problem with the original
amendment. as it just said ·•at present."
City Anomc y Brotzman stated there shouldn 't be an y dogs . from tha t first time around , that are srill alive .
So ri ght now. he sa id, ev eryone should ha\·e either two dogs or t·..,•o cats .
Council Member Yurchick stated that is not reality and he did not want to get into tnc position of forcing
someone to get rid of a dog or cat. But as of No vember I, 2001 , if you buy a third dog , after that. then you
are in violation of the law. If you have three dogs . as of that date, you arc entitled to keep those three dogs,
until one dies and then you can 't replace that third dog .
Council Member Garrett asked if it is true that this becomes effec tive thiny da)'l afte• it is approved. City
Attorney Brotzman said that is corre ct.
Co unci l Member Bradshaw said then it would be affcc1ive 3round January 1.
Co uncil Member Garren pointed out that on the date it becomes effecti ve you would ha ve the gr:rndfiuher
clau se. You would not be allowed to add 10 your group, he said, but as they die off you would no1 be
allowed to replac e.
Cit y Attorney Brotzman 3d vise d thal the pro bl em right now is that the original ordinance was passed in
1979. lnat means if you had a third dog in 1979. that dog i~ r.C'w 23 years old . So they shouldn '1 ha ve
more than two and two . What Mr . Yurchi ck is trying to ge t to, he said, is that he wa nts :m amnesty clause
not a grandfather clause .
Co un cil Membe r Bra ds haw aske d how 1hey c:m do that .
C1 1y Anomcy Brotzman sai d yo u use th e stri cken language. which doesn't gi\•e you a date, bu1 11 all ows
yo u 10 kee p the animal s if yo u have three righ1 now .
En1lewood C.:lty Council
October IS, 1001
P11e 14
Council Member Yun;hick asked If they have 10 SCI I date, Council Member Garret\ Sllle'd 'yorrdon'I have
10 do 1ha1, if you do ii on 1he efTec1ive dare of 1hc ordinance. Cily AltOmey BrolZIIIID said 1h11 is riglll.
Council Member Garren staled 1ha1 thirty days after they pus i~ 1be second time, ii becomes effective and
that's it
Council Member Yurchick stated he jusr doesn 't want to get in lhe same situation that we arc in right now,
where we arc trying to clarify the lknguagc .
Council Member Garren said, in essence, starting thirty days after the second reading , the language is the
same and you h:ave an amnesty clause. tr yon arc non-compliant, at the beginning of the effective date, you
don't have to gel rid of one, but if it dies you can't replace. He asked if that was right. City Attorney
Brotzm,1n said tha1 is correct.
Council Member Yurchid: a,kcd if that was the intent oflhr Code Enforcement Advisory Committee.
Council Member Bradshaw stated that the y need to have ii read tha1 way legally .
City Anomer Brotzman advised that. if Council uses the srricken la nguage, they will be fine.
Council Member Yurchick said he thought that was the issue, as the srricken language states that all
households "presently" owninis:,
Co uncil Member Garren suggested Ibey replace the word ''presently" with "as of the effecrive dale of the
orc:!inance ." He asked if that would work.
Council Member Yurchick stated that resolves the Code Enforcement Advisory Committee's issue.
Council Member Bri ·\haw opined that that makes it very cle:ar.
Council Member Gamn suggested they do it that way .
Council Member Bradshaw said that is an amendment.
Mayor Bums pointed out that the grandfather clause is not an amendment because that was not part of the
original ordinance anyway . City Attorney Brotzman said that i.s correct.
Counci l Member Yurchick stated they do ha\'e to amend it to replace the word presently.
M:iyor Bwns sai d he was talking about the section below that. We don't have 10 bother with that now .
Counci l Memb~r Gar;en asked Ci ty Atlomey Brotzman if, technicall y, rherc wou ld be no amendmen ts
excep1 for the clarifying language.
Cit y Ano me y Bro1zm:rn stated you ha\'e srricken lang ua ge .
Co uncil ~fember Yurchick said the amendment is to change§ 7•1A-4 from two dogs .. or'" two cats, to two
dogs .. :ind" two cats and to change "pre se ntl y" 10 "a:i of the effective dale of the ordinance ." He asked if
thar was correct.
Counc il Membe r Garren said that was correct Basically. he said, Sectio n I will stay exactly as wrine n,
including 1hc stric ken language , except the word "prcse nli y" is bring deleted 11.nd replaced with "as of 1hc
effec1ive date of lhe ordinance ." •
Eaalewood City Couadl
October 15, JOOI
'I) 1100« I• f uJ1 e,, 1.1u ,n
Paae 15
But, Council Member Wolosyn s,id, whit we moved w11 the one that his all this Wll""I• about four
an imals in any combination.
Council Member Garren said we haven 't moved the amendmen1 yet
:,!l'
Council Member Wolosyn said that we put it on the table and we hive to ta1k about whit we hive on lbe
table .
Council Member Yurchick said we have 10 amend th.ot 10 "1wo and two " and amend "presently."
Council Member Garren said basicall y we need to put on, rs an amendment, the stricken tanauaae ,
City Attorney Brotzman asked that they do one more thing. He asked that they remove the second
Wheieas, if they chlage it to "two dogs and two cats." Council agreed.
Mayor Bums asked if they waoted 10 keep the third Whereas or should we call it amnesty and strike
grandfather. City Attorney BrotzmlD said you CID leave arandfalbor.
In response to COUDCil Member Glmtt, Ctty Attorney BrolZr.llll advised 1h11 Ibey om! lo strike lbe .. ond
Whereas, where it says you are going to change it to four animals . You are not changing i1 to four, you are
keeping it at two . So, Council Member Bradshaw said , you don 't need that if you aren 't gain& to put in
three and three .
Mayor Bums pointed out that it is there from a previous draft .
• City Anomcy Brotzman stated it was there when you were gain& 10 four dogs .
•
Mayor Bums noted that it should have been ta.ken out when this draft was created and it was just missed.
Council Member Yurchick asked if they were taking out the third Whereas . City Anomcy Brotzman said it
is the sec ond Whereas .
Council Member Garren said the third Whereas doesn't come into play, because it was not on the table . It
wasn't pan of the original council bill that was approved. He asked if that was ri&ht.
Council Member Yurcbick said that is right
Council Member Garren said be would take a shot at the motion to amend .
COUNCIL MEMBER GARRETT MOVED TO AMEND COUNCll. Bll.L NO. 3·; BY STRIKING
THE SECOND WHEREAS, INSERTING IN 7-IA-4 THE WORDS "AND TWO" AND LEAVING
THE WORD "OR" BEFORE THE WORD "CATS " AND INSERTING THE FOLLOWING
LANGUAGE " ALL HOUSEHOLDS, AS OF THE EFFEC11VE DA TE OF THE ORDINANCE,
OWNING THREE DOGS OR CATS WITHOUT A HOBBY BREEDERS LICENSE, MAY
MAINTAIN THE THREE DOt.;S OR CATS CURRENTLY OWNED , BUT SHALL NOT
MAINTAIN MORE THAN TWO DOGS OR CATS UPON THE DEATH OR LOSS OF
OWNERSHIP OF ONE OR MORE OF THE CURRENTLY OWNED THREE DOGS OR CATS.
Counc il Member Garren asked if that was correct .
Counci l Member Wolosyn said she is confused . I thought 11 1he beginning of th is, 11 the last meeting tha1 I
attended. 1hat the versio n of Counci l Bill No . 37 that we app roved on firs! readi ng , was aboul the four
anmu.ls in any com biruuion or. she asked, did we vo1e on the amendments .
Ea1Jewood City Council
October 15, 2001
P11e 16
lhuu 1H l l1fn\tl•Jl,rd
JOOt ,! I ,,rfoht)
,., .,,~u'l
Council Member Bradshaw said no , wc had to put the one we ..,ved befOfO out on the table and now we
are putting amendments on it.
But, Council Member Wolosyn said, we have put amendments on the amendments .
City Anomey Brotzman explained that Mr. Garren just ■mended the curtonl code, rather thin four 1Di111111J .
Council Membcr Yurchick noted he did ii backwards .
Counc il Member Garret: 11s ked if he did it backwards .
Council ~~ember Bradshaw said that was a good try . She asked M1 . Garren ifhe wanled to do ii again .
Council Member Wolosyn suggested they might be able IO amend it by s■ying something like "we replace
this with that language" and make it simple .
City Anomey Brotzman said u long as everybody wxlmtaDds whit you ue voting oa.
Council Member Bradshaw s■id we m just losing the secood Whereas . Okay, she said, I get it.
Ma yor aums said you can strike everything below the tide .
Council Member Bradshaw asked if everyone knows where we are .
Ma yor Bums said I think you could strike everything below the title, because it is the second ordinance in
the packet. And then. he said, you could again ..,ve the ilnguage that you j ust did and then you will be
oka y.
Council Member Wolosyn said yes.
Council Member Garren said that in addition I should just say .. strike 7•1A--4 except as amended." ls that
what you want me to say. he asked .
Co uncil Member Yurchick said that works for me .
Ma yor Bums said I think you can strike the Whereas clauses and everything below the title . All the
Whereas clauses and everything in the ordinance as first written and then substitute the second version with
Mr. Garrett 's amendments .
Except, Council Member Garren said. there you would have to sb'ike the third Whereas and Section 2.
But , Co uncil Member Wolosyn sai d, you already said all that.
Coun ci l ~lcmbt'r Bradshaw said as long as everybody knows what we are votir1g on .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO STRIKE COUNCIL
BILL NO . 37 AS PASSED AND SUBSTITUTE COUNCIL BILL NO. 37 AS AMENDED IN OUR
PACKET, EXCEPT STRIKING THE SECOND AND THIRD WHEREAS, STRIKING SECTION 2
AND RE~UMBERING ACCORDINGLY AND INSERTING THE STRICKEN LANGUAGE
UNDER 7-IA--1 IN SECTION I, EXCEPT REPLACING THE WORD PRESENTLY WITH THE
WORDS "AS OF THE EFFECTIVE DATE OF THE ORDINANCE."
Mayo r Bums said that works .
•
•
•
•
•
Easltwood City Cuundl
October 15, 2001
P11e 17
liuurn 1 ,11 llnon :,111
IOII! .!I fo1·J
IH,,,,'I
Mayor Bums asked if they were voting on the council bill as amcnd<d. City Anomey BrolZmlnf!IPl■ined
they have to vote on the amcndmenl first.
Mayor Bums called for a vote on the omendmcnt.
Vote results:
Motion carried.
Ayes: Council Members Nabbolz, Garten. Bradshaw, Wolosyn,
Yu«hick. Grazulis, Bums
Nays : None
Mayor Bums noted that the amendment is adop1cd.
Mayor Bums called for a vote on Council Bill No. 37 as amended .
Vote results:
Ayes: Council Member, Nabholz, Gam:n, Bradshaw, Wolosyn.
Yu«hick, Grazulis, Bums
Nays: None
Motion canicd.
Mayor Bums noted the council bill is passed as amended.
Council Member Garrett said he wanted to thank Code Enforccmcnl for their patience and bard work.
Mayor Bums said we do appreciate it.
Council Member Grazulis said she wanted to say some things that she forgot to say the first time around.
am totally aware oftbe problems with the lea,h laws and the a111cks on childn:n and/or postal carrier,, she
said. and I'm not sure a leash law will take care of that. But I do know 1ha1 we have a problem and we also
have a large problem with the barking dogs aod thP.t should also be addressed and can, at least, be enforc ed
at this lime with what was passed. I just still reiterate, she said, the fact that responsible pcl owners will
probably not be corning in front of Judge Atencio, it will be the irresponsible pet owners and hopefully they
will get a breath of fresh air as to how to be more responsible pct owners . Because, she s1a1cd, we do no t
allow any cruel()' to animals .
Mayor Bums said he would like 10 reiterate wha1 Ms. Grazulis said previously, that Council is very
interested in having a dog park, where you could run your dog. and also in laking advantage of the offers of
assistance with an educational program. Which, he said, I think wilt be a great help .
Council Member Grazulis commenlcd 1ha1 we arc on lhc cutting edge of 1ha1. In talking 10 other people m
other communities, they think thal this is a wonderful step forward . And. she said, they think. again, thal
Engle wood is leading 1he way ,
Council Member Bradshaw said she would like to thank Mike Yurchick for all his work on this. Mr.
Yurcluck thanked her.
(c) Resolutions and Motions
The re were no :idditional resolutions or motions submined for :ipproval. (See Agenda Item 10 • Consent
Agenda .)
12 . General Discussion
En11 ... ooc1 City Council
October 15, 1001
, ••• 18
(a) Mayo(s Choice
(i) Mayor Bums said he would like 10 !hank Bill Vidal for comma down loniptl on
hehalf of DRCOG. He is really trying 10 make some change, 11 DRCOG, Mayor Burm said, 1111d I drink ii
is a more dynamic organization under his leadership.
(ii) Mayor Burns noted there was a sidewalk sale in the 33001111d 3400 blocks of
South Broadway on S1111rday. I 11lkcd 10 a lot of the men:hants, be said, Ibey did get some addilional
busincs!i from the sidewalk sale, bu1 the weather was a little breezy and chilly to stan with, Mayor Bums
advised thal 1hcy would like to have a banner over the middle of the street. City Manager Sean told me, he
said, that the main reason they did nol have one. is because they did not ask for one . 'They thought maybe
the banners were for City matters only. But it is not true , he said, and they should have uked for a banner.
But, he noted, they generally had a good reception up a.nd down the street. I was looking at my material
over the weekend. he said, and we do a lot of things with businesses and we have a lot of dift'crent
progroms in this City, that I don 't think we get credit for.
Mayor Bums advised that, listed on the Agenda under Council Member's Choice, there are three
resolutions, establishing salaries for the Judge , City Manager and City Anomey.
(b} Council Member's Choice
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED TO APPROVE
AGENDA ITEMS 12 (b) (I), (II) Ai"iD (Ill).
(i) RESOLUTION NO . 74 , SERIES OF 2001
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL JUDGE.
(ii) RESOLUTION NO. 75, SERIES OF 2001
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER.
(iii) RESOLUTION NO . 76. SERIES OF 2001
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY.
Volt results:
Motio n carried .
Ayes : Council Members Nabholz, Garren. Bradshaw Wolosyn,
Yun:hick. Grazu lis, Bums
Nays : None
(i,·) Council Member Garren :
I. He noted that the Calf ma chin e has been out at 1he gym for quite some time . It was gone .:a couple
of weeks before they shul down. he said. and 1here was lln expec1a1ion from m11ny people that ii would
return ,md it has not H1.: no te d it is a machine that is used by a lot of seniors , because it is easy on the back .
2. He said he wan1ed to compliment the City, because there was an nniclc in the Post today about the
an that we have O\Jtside . Council Member Wolosyn wall go into more detail about the anicle, he said , but it
was nice to sec information about the City 's efforts and how we arc a good model of how to bring an to
public places . •
•
•
En1lewood Clly Council
October 15, 2001
Paae 19
(v) Council Member Bradshaw :
l'l,IUO ) tll ) bUO'fl t n i
1 ) !I 1 d .,,c,
o: .,.~
I . She said, first of all, she wanted to thank whoever wrote the wonderful letters to the children at
Flood . That was excellent, she said.
City Manager Se11.rs advised that Lei&h Ann Hoffhi.nes wrote the lcners .
Ms. Bradshaw 1hanked Ms . Hoffhines . Because, she said , th.II really addressed their needs and I think they
felt 1hat they were hc:ird .
2. She adv ised 1ha1 she h.ad the opportunuy to •mend a PTSO meeting al Cherrelyn last week. They
are trying to redo their playground and whal they have run into is five layers of asphalt . lns1e1d of liking
asphalt out , they just kept puttin£ it on top, putting it on top and putting it on rop . II has caused them 10 go
over bud~,,,. They sold $40,00v.00 wonh o[pies 11 a fund:aim, she said . They are going to be eating pies
fore ver . I ,m nor suggesring we pick up the bill , she said, or aoytbing like that She asked Di.roctor Rosa if
there was anyone who takes asphalt out of places . I know the rotomill guy does that, she said, but this
would have 10 be done five times,
Director Ross said , basically, you arc right You can contract it out to any contractor ,, the
demolition business . Council Mcmhcr Bndshaw noted it has stopped their progress ng the
playground .
Council Member Grazulis stated that she had mentioned this last year, this very same issue regarding the
asph.i.lt removal. At that rime, she said. I was wondering ifwc ever had any people or m1tk.s in the area
th31 could help . I didn'I gel anything, she sa id.
Council Member Bradshaw commented that it has sort of brought everything to a stop there . She asked
City Manager Scars if Director Ross could go out and take a look at it. I know he works for you. she said .
City Manager Sc11rs said we will follC'W•UP on tb:11 .
Council Member Bradshaw asked if!hcre is anyway. ifwe ar~ going 10 be removing concrete, that we
could go by and t:ikc a swipe at their asphalt . City Manager Scars said he dOt":;n 't know why we couldn 't
do that
Council Member Bradshaw advised !hat Vickie Mohr is the Principal and she is .i. neat lady .
Director Ross ad\'isecJ that he visited with Ms. Mohr last year about that. 1 just indicated that I have the
authority to direct people to do work in the publ ic right-of-way, tn: said , but I fell that she needed to talk to
1he Ci1y Man.:i.ger or City Council 10 authorize me 10 use manpower, trucks and equipment to do work
outside of the puolic right-of-way .
Council Member Bradshaw said somehow we need to sort that out. City Managi:r Scars commented that
we did the same type of thing with Charles Hay . Our Utilities Department helped Charles Hay put the
sewer line in , he said . We will do a follow-up with the school district, he said . and sec what we can come
up wi th . Mr . Sears noted that we arc both publ ic ent ities . Counci l Member Grazulis said that would be
excellent.
Co unc il Member Bradshaw asked that we just 1ake ;:i look at ii . Because , she said , I 1hink any group that
raise s 1ha1 much mor.e y is just incredible .
Counc il Member Brad shaw advised that the other L,mg that came up 1s the issue of the C11y taxing sc hool
fund rais ing . So, she said . I we nt in and asked Sue Clark if she co uld extrapolate how much money we
make off of schools with tox . Co unci l Member Grazulis sai d that is a big iss ue . Coun ci l Member
Eqlewood City Couac:11
October IS, 2001
P11.ZO
1111 u ) , i ~,,-,nh 11 '
001 ,1 ,.,d ,o
Brudihaw said she did not know whelher Council should revisit that or not , but it is something for thr
Council lo think about
Council Memb,, Yurchick asked Director Gryglewlcz why !hey are taxed . I thought they were non-profi~
he sa id.
Council Member Bradshaw no1ed tha1 Council Members Yurchick and Wolosyn were not on Council whffl
this came up .
Director Gryglewicz explained that the re:uv;; :'1e y are taxed is bccPuse they actually don 't pay the tax.
They collect the tax from the end user and remit 1: tow and we pay them a fee to do tha1.
Council Member Bradshaw asked Mr. Gryglewicz to say that again ,
Director Grygle wia adv ised that they only act as the collector of the tax and then they remit it to the City
and !he City actually pays !hem a fee to collect that we .
Mayor Bums said the issue was whether that would dillllnish the net amount they would get from their
sales .
Director Gryglcwicz said the way it is done now !s that the tax should be incorporated in the price of what
they arc selling . So it wouldn 't have any impact on them at all . They couldn 't keep those taxes . Those
tuxes ilrC paid by the end user and remined to the City.
Ma yo r Burns said he thought the issue was the price, that they had to nise the price to cover the taxes .
Council Member Wolosyn noted that is the same issue :..\:-• .,ther organ iza tions in the City have about taxes .
Council Memb<r Yurchick said iflhey sell a SI0 .00 pie , !hen they need to be charging SI0,73 for that pie .
Director Gryglewicz sa id if it wer,. a pie for them 10 take home, the y wouldn 't pay any tax because it is a
food item
Council Memb<r Bradshaw said !hat is why !hey sold food .
Director Grygle wicz said most of them sell food items that aren't taxed . He pointed out that if you don 't
charge the tax , then wha t you do is you put your busines ses in Englewood and everywhere else , at a
disadvantage , because suddenly you are providing , basically, a subsidy.
City Manager Scars said that basically what they arc selling is a tangible product. They are selling a
product and a ponion of the mone y is donated back to the charity. Bui ii is still ii product and that is why
we run into problems when we try 10 differentiate between what the y do \'crsus what the retailers docs .
Council Member Yurchick noted 1ha1 it sounds like the problem is that they arc not charging rhe tax, they
ilre just ch.i.rging the S 10.00 for the pie and the y arc not collectmg the 73 cent s so they have to pa y the 73
cen ts out of the SI0.00 .
Council Mem ber Garre n said when we did thi s a fe w years ago we prepared a me mo 1ha t so n or walked
thro ugh this .
City Mana ger Scan ad\'i sed we \\1 11 JU St se nd that back m1t.
Co uncil Member Bndshaw said maybe we co uld resurrec t that memo. •
•
•
Eaalnood City Council
October IS, 2001
P11eZI
Council Member Gan<tt noted the memo hid some of the background .
, m > 111, hoo,,tl:.ir1 i
IOfl,L~ I 't JoJ fl
'°I ~t'I
Council Member Wolosyn commented that this also came up at that conference lmc week. She asked if
kids a·1-e making something, that they are charging each other ,o cents ror at a carrJval, if they have to do
this also . Oircttor Gryglewicz said no, it is just for goods 1ha1 would be sold umkr the City Code that
would be taxed.
Council Member Wolosyn suggested that maybe he could clarify thlt in that document also . Because I
think a lot of the teachers hn"e that issue , she said , and they would understand if it was differentiated that
way.
Council Member Bradsha w said 11 is jus1 really confusing .
City Manager Scars agrttd ~at they just do not understand .
So, Council Member Yurchick sai~. there is no sales tax on food sales. Director Gryglewicz advised that
food that is consumed on premises wuld be charged tax .
Council Member Yurchick said if I go to the Sinclair Stati?n and bu y a ~g of chips, is that not taxaLle?
Director Gryflewicz sa id there is no tax on that. He advised that food for home consumption is not taxed.
City Manager Scars said we will send that memo out.
3. Ms . Bradshaw advised th.u we arc having a li ttle problem with the parking at Cushing Park again.
It is not just Cushing Park, she said, they are also parki ng on Eastman. so people can 't get into the park .
They are using all the spaces at Cushing Park and then they arc parking on Eastman and ther1 they are going
down the streets . I hld.1't heard from people for a while, she said , so I decided to walk that block and I
heard quite a bit about ii . Basically, she said, Eastman has turned into what we see on Oxford.
Mayor Bums s:i.id he was down at RTD Thurrlay night for a local go\'emmcnt presentation and Cal
Marsella ga\1e his pitch again on FasTracks . It was acrually pretty well done, because we got to spend
some time on it. Again I got to talk to him. Mayor Bums said, about this idea of carpooling or whatever to
the light rail station and what can we do to try to alleviate the number of cars . I think there arc a number of
things that c:i.n be done , he said, but we need to get more in sync with them about how to effectuate that.
Coundl Member Bradshaw stated that the neighbors are upset again and I don 't blame them.
Mayor Bums s:i.id i don 't blame them citter.
Council Memf Garren said if ( were RTD one of my argurmnts would be 1h11 once I extend the line
down 10 Highlands Ranch , which is the ir goal. 1ha11ha1 will relieve some of1he parking pressure as you
come north . But. he said. I have a feeling we have a lot of people coming eastl-.~•est 10 catch the light rail .
It seems like. he said, that we n«d some kind of evidence 1hat ii is an t>a~l/west problem more than
nonh/south .
Mayor Bur.JS said I asked him how full the buses are that come in under 1he bridge and he said the ones that
come inf-om ,~:,.!!.!, have more ridership than those ~oming from 1he west lluu makes some sense
becau1e tic west is not as densely populated . But slill they are very busy coming in and out of there . He
poin~ed cu, 1ha1 we h.ad 300 buses a day before we even had light rail coming m and out of the City. l still
,~;;,k there ar:. a variety of things that can be tned , he said, C\'~n a TMO for this corrit.or. which we hive
ne\'er h:i.d. Mayor Bums staled RTO t,clps 10 fund !hose . I ,vas told the y fund lhe TMO's at S20,000 .00
apiece righ1 now, he said. and 1hey dovet:-il their services 10 get people to buses , park ·n rides and light rail
s1a11ons .
En1lewood Clly Council
October 15, 1001
Paae 11
1t1n 1111 , ,11 , ,.H,••"' bu i
fn•i! 1 I 1 ~foJ:JO
f!J!!l.'I
Council Member Bradshaw said I think we need to look II enfon:ement on Euanan, plllicularly if the lot
is full and the one at Cushing is full, because then they are parking strai&ht do wn Eastman.
Ci ty Manager Sears said oo Eastman ii is a public riabt~f-way so we don 't have it time marked. so we may
need to pu1 signs up that "ould set a 1ime . He asked Director Ross iftha1 was right.
Director Ross sured that is correc t. Easnnan is basicall y side lots . It is not even in front of people 's
hou ses . so as for ttS ou t list of pnorilles in even cons iderin~ signs. Eastman was not really even on the radar
sc reen before lonigh• ..
Ma yor Bunu sa id he tbou~ht the: nonh part of Eastman is the park itself unt il you get to the comer.
Director Ross said that i5 :crrect.
Mayor Bums said I have been down there too when they parked on Eastman and I was watching to see
where they turned the comer to park in front of a house . The couple of times I was there they were not
parkir,g in front of the houses , they were on Eastman. But they were 001 parking in front of the housu, be
said, and a good part of Eastman is the 1ctual park itself. I don 't know whether we could post Iha~ be said.
r:n; Manager Sean noted lhat if we post Eastnun. we need to take a '100k at it. because we may force
people 10 park in the neighborhood. So Iha~ be said, is a tradeoff.
Coun cil Member Bradshaw said I still think that we need to work for resolution with that neighborhood,
because they have been awfully patient.
City Manager Scan agreed that we do .
Ma yor Bums asked what they are complaining of, if the cars arc not in front of the ir house .
Coun cil Member Bradshaw said they arc complaining of the fact that you can 't get 10 the park. that there is
no place to park at the park .
Mayor Bwns said okay, I sec what you are 1aying.
(vi) Council •~ember Grazulis:
I. She thanked Dave Lee for the dog park memorandum that he put together. He did a lot of work on
this . she said, in compiling ti',! infonnarion . Ms . Gruulis said she would like to work with him, because
!here arc a few thing s that should not be included, such as the statement that balls and Frisbees would not
I e allowed . That is one of the purposes of a drt, park, she stressed . He also mentioned something about
, mall children . She asked what they mean , exactly , about not being allowed II the park. The City of
P1adison had II real nice leaflet, that Mr. Lee made a copy of, about this being an evolving program. She
leh it WilS mce lhat this was open ~ended. because, when the y come across a program or a problem, they can
Addre ss it. The dog park issue is something thal wc realiy do need to !ook in10 , she opined. She said she
was no1 sure bow it was go ing to come out. whether wc take new l:Jnd or use existing parks and do different
hours , bu! so mething should be initiated for the citizens who wanl somclhmg like that
Co uncil Member Gamn said that is gom g 10 be tacn up by Parks and Rec reati on. He sa id be spoke
briefl y wnh Dire ctor Black last week about th is very issue , Allhough I was not able to make the meet ing
l:i.s1 we ek. he said , one spot trult was discussed was the area north of th~ new ball field . It is out of the way,
has plen ty of park mg, u has ut iliues . and there is a nver on o,1 e side and a lake on tl!e 01 :1er. We do no t
h:wc th e mone y to de velop that spo l on 1hc laodfill :i.nywa y, So, we arc lookin g a1 1hmgs, he said .
Co un cil \·1embcr u .adshaw said tha1 would be per fect.
•
•
•
Eaalewood COy Council
October 15, 1001 hmuu),u)hmH~I at
Paae 23
IO J ,,donO
... 'D)t;'I
Council Member Grazulis said tha1 sounds very ¥ood ,
2. She said a cons1i1Ucn1 called her regarding Belleview. She said she realizes 1ha1 belongs 10 COOT
belW«n Broadway and Logan . The caller said snmc lhing about lhc soulh side and she 1old him she
thought it was CDOT 's, You cannot walk Oli it. let alone ever try to ride on it, and it has always been filled
with weeds and gravel. That should be addressed. she said. because everyone thinks it is ED,ilewood that is
not maintaining that The caller Aid. on the nonh side , you cannot walk or ride a bicycle, either, u it is a
mess also , so he ·>·ould like for us to look into thDt.
J . She advhed that there arc a couple of ne w bwincHes on South Broadway. On the comer of
Mansfield and Broadway, it used to be the March Hare, :ind now II is coiled lhe Geek Store . It is a
co,"'lOutcr store, she advised, and they do a lot of reconditioning. Also, the Santiago Restaurant hu finally
opened, :ificr going through a 101 of hoops to get there .
(v ,i) Council Member Yurchick :
I. Regarding !he response he received from the Buildi:i.~ Dcnartmcnt about their surveys, Mr.
Yurchick asked that the marter be scheduled for a Study Scss,un agenda to talk about it ll littlc more. This
was not the response I was looking for, he said.
Director Olson asked Mr. Yurchick what he was looki :1g for , because they were not real sure.
Mr. Yurch ick said he asked them to look at implementing a more formal plan, something they could
computerize and we could track it on an aMual basis .
Mr . Olson said that is what they arc going to do. 'The vroblcm bas been lbat we arc not getting the
responses back, but they arc go ing to computerize what they have in.
Mr . Yurchick said the fonn he saw did nol look like it would be easy to computerize . It looked like they
needed to come up withsrmcthing along the lines of the citizen swvey, where t!11:y could rate it on a
number system and quantify the data.
Mr. Olson said they were going to quantify it also. Council will be receiving:, rth,nthly report, be advised.
based on wha1 we gel back. We are disappoin1ed ,·~lh lhc responses lhal we are ge'ting back. bul ii will be
COJ11)Uterized to the extent that we can.
~r. Yurchick. said he is not really looking for a monthly rcpon. but something annually .
Co unc il Member Brad.sh.aw said quancrly or aMuall y.
Mr . Olson said it is up to Council wha11hcy would hkc . He said he 10Jd stalTto pul 1ogethcr 11 monthly
rcpon. bul if Council prefers something less frequcnL that is fme .
Council Member Bradsh:i\, asked ~r. Yurchick wt\Jt 1',cy need 10 .assess .
Mr. Yurchick said he would tell them where he "-as coming from. The issue that has come up on the ACE
committee is that people arc not totally sarisficd wnh the service they are getting from the Building
Department , and he wanted to quantify that through. possibly, a one-time swvey like wc did with the
citizen survey. He said he wants 10 put it on a Study Session agenda and talk about it a little more .
City Manager Scars said he would do that . Mr . Yurchick repeated that ht' is not looking for :i monthly
rcpon . Mr. Scars said we will pu1 it on an agenda. and we arc meeting n:,w wi1h the citizen survey people
to talk 3bout a businrss surve y, .1nd we can bnng them in to come up will, some alternatives .
En1lowood City Council
October 15, 2001
P110 24
lunuo ) •• , ) uuo-r, I• n
Mr. Yurchick said ACE is also looking 11 some kind of• survey, and he will ask them on Wednesday if
l~ey want lo do something. Maybe Council should look at having the two work together, he suggested.
City Manager Sears said okay, we will bri n&.1 it bo.ck to Council.
2. He thanked Director Gryglewicz for informing him that there is no sales tax on food . For years,
he said. 1 have argued with the Sindair station on Hampden that they should not be taxing me on my food .
Their response is tha11he Director ofFinnnce told them to go ahead and do it. Mr. Yurchick. said he hid
two questions . He asked how he could get a rebate, and, also, he wanted to know whether Sinclair is
collecting the taxes , and then filling out the fonn. showi ng it as food and not paying the tu.es.
Director Gryg lew icz said he would look into that. Mr. Vurchick said they have always done it and he has
argued with them about it for eight years. He said his co ncern it that they arc collecting it a"" when they
file 1hdr tax return they chow it as a food item and then they don 't pay the tax 1},cy have collected and they
are putting that money in their pocket
City Manager Scars said that is why we do periodic audits . We do random riudits of the diffcrenl
businesses . Mr . Vurch ic k sa;1 it might not necessarily show up in the audit. Their cash register tape might
show ii as a food sale, whic h would lie out to their tax form . Thi:y sold X amount of dollars in food. but arc
they showing they collected the tax on it, too .
Mr . Scars said they shou ld , and if they don'1 , 1hen they need 10 do an e~1imatc of what the tax would be.
and that is what they wou ld owe us.
Council Member Vurchick said he wants them to stop taxing him on food .
(viii) Counci l Member Wolosyn :
1. She said she was not here last week because she attended the federal government's Community
Leaming C!!nter Grant Conference . They explained. to those receiving the grants , the best way of
implementing them. The feder.11 government issues these Community Leaming Center Grants in order to
help school districts tum their buildings into community centers after hours, she explained . The true spirit
of the grants is to go beyond the idea of a daycare to an actual community center. Evm though Englewood
Sc hools ,re beginning by laking 1wo of our Englewood sc hools, Charles Hay and Maddox. and putting in
enrichment and daycare centers after hours, the long term plan is really much more compicx than that. It
involves adult learning, and they have all sorts of things on their wish list, she said. She said it was a
comple x workshop and, really, the best conference she has attended since she has been on Council The
way they did it was so productive, and she learned a lot, she stressed. Ms . Wolosyn advised that she would
\lr'Tite a small report and then refer back to two years ago when she helped them write the first grant. They
put the things. they would assist them with. in a letter . She said she was not in on the 5':Cond grant. but she
would like to go bock and get the lc:ner for the first grant and revisit the whole thing. and sec how we can
co ntribute . A co mmunity learning center means more than the district, she said. it also means the City .
There arc pretty minor things we could do to maximize their impact in 1he community, she said.
2. She said Mary Douna y told her that a da1c has been set for the SchooVCity meeting .
City Manager Sears said it would be Octobe r 2f11• He recognized that it would not work for some of
Council. but he said he was awart that she was in cont a,·t with Council Members Wolosyn, Nabholz and
G,u.zulis. He said ;,c cou ld not remember what time that would be , bu! he would let them know . All
Counci l members arc welcome 10 anend, he said . He felt it was in 1he C\'cning at six. o'clo ck.
Council Member Wolos yn commented th::• Ms . Douna y liked the fact that so man y Council members
attended 1he last meeting .
•
•
•
•
•
Enale,,ood Clcy Council
October IS, 2001
P■ae 2s
m,o J (II > b Ull'))JIU f
IOOt .ti ."JdOJ ill
1 J:,Sl}1
J. She said she has been going 10 oll 1he p..-.de mcc1ings in 1he l■sl rew months, and was 11lkin110
1111T 1bou1 what ■n ■m■zin& job Colleen llwkc doc, very ym. She 1w done ii for lbrtt yean, and Ibis
year w■s csp«ially couab, because the,. wu ■II the conrrovmy 11 the beainnina about where ii wu JOin&
10 go, and lhct< have been issues, as )'OU,.. with one oflhc lcncn in ow packet S"' 1•11 that direcdy, nol
jwt in a letter, so we were lhinking it would be nice 10 aivc her some son of tribute, maybe at the
November s• meeting. Ms. Wolosyn said she would like ii 10 be, not a plaque, bul sonx, son of gift. She
said Communications Specialist Hoffhines had told her staff could work something up if Council agreed.
Council Member Bradshaw fell that would be very appropriale.
13 . City M101cor's Report
(a) City Manager Scars thanked Council for their support for him and for staff. He so irl 1hcy
would continue 10 work at earning that ttust .
(b) City Manager Scan advised that the Sacramento Chamber of Commerce would be here
tltis Thursday afternoon. He said it would be great if Mayor Bums could come . They just confirmed that
seventy or eighty people would be here to look at our operation and our whole CityCcn 1cr .
Mayor Bums asked what time it would be. Mr. Scars said the y heve not acrually sci the time, but they arc
going 10 be on the ligh1 ra il and come down here between one and four o'clock in the afternoon .
(c) Ci1y Manager Sears reminded Council lhat there were no Council meetings scheduled for
the next two Monday nights . The nex1 meeting will be the regular session 1hc first meeting in November,
he added .
14 . Cily Allorney's Reporl
(a) City Anomey Brotzman presented a recommendation to join the Englewood
E.Jvironmcntal Foundation, Trammell Crow and Millcr/Wcingancn Realty in filing suit against the Bradley
s~rvicc Station, ct al., to stop environmental hazards from migraling onto the CityCenter property and 10
,ccovcr damages for environmental contamination caused by Bradley, el al., as well as for remediation and
preventative steps taken .
Council Mcmbc, Bradshaw asked if1hcse fees would be split four ways. Mr . Brotzman said they would be
divided up, but they have not worked out the fee agreement with Trammell Crow and Miller/Weingarten.
Obviously, the City and the Foundation can come to an agreement , he said . The other two are going to be
more difficult. We will probably do that on a pro-rated basis on how much each one has to rcco,·cr
Council Member Yurchick asked if Mr. Brotzma n had spoken 10 Trammell Crow and Miller to sec . f they
were interested in participating. Mr . Brotzman s:iid he spoke to them briefly to sec if they were inh: , \:.:d,
but wc have not negotiated lhe fee agreement ye!, bu!, yes. the y arc mtereslcd in moving forward .
COUNCIL MEMilER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE THE
CITY OF ENGLEWOOD JOINING THE ENGLEWOOD ENVIRONMENT AL FOt:NDATION,
TRAMMELL CROW AND MILLER/WEINGARTEN REAL TY IN FILING SUIT AGAINST THE
BRADLEY SER\'ICE STATION, ET AL .. TO STOP ENVIRONMENTAL HAZARDS FROM
MIGRATING ONTO THE CITYCENTER PROPERTY AND TO RECOVER DA.MAGES FOR
ENVIRONMENT AL CONTAMINATION CAUSED BY BRADLEY, ET AL., AS WELL AS FOR
REMEDIATION AND PREVENTATIVE STEPS TAKEN .
Ayes ; Council Members Nabholz , G,men , Bradshaw , Wolos~11 .
YW"chick . Grazulis. Bwns
Nays : None
Motion carried .
En&Jtwood City Couatll
October 15, 2001
Paae 26
1:m1Ju } 1!, j UUOH!f111 i
100! -~' 4 1,1
l( ~• I
(b) City Attorney Bl'OIZmlll prcscrued a recommendation 10 approve mo settlement Fnlposal
in Jer,y Scott Nestler and Pamela 1. Devon va. City ofEaalewood, Wallace Lukowski, Sunn Lukowski , et
al . • Arapahoe County Disttict Coun Case No. 99CVJ984 . This iu risJrl-of-My case for lhe City Ditch.
he advised, which came up because 1heir legal description difTen from the City's righl-of-way clcscriprion.
We have put up a fence and we are caUing a truce, not only between w, but between the Nest1ers and their
neighbon as well , So, he said, he fell everything should settle down in that neighborhood .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SEC'>NDED, TO APPROVE THE
SETTLEMENT PROPOSAL IN JERRY SCOTT NESTLER AND PAMELA J, DEVON VS. CITY
OF ENGLEWOOD, WALLACE LUKOWSKI, SUSAN LUKOWSKI, ET AL.-ARAPAHOE
COUNTY DISTRICT COURT CASE NO. 99CV1984,
Mntion carried
Ayes : Council Membm Nabholz, Ganett, Bradshaw, \Volosyn,
Yun:hick, Grazulis , Bunu
Nays: None
15 . Adjournment
S MOVED TO ADJOURN . The meeting adjourned at 9:55 p.m.
/A.IH/Jf.D#f.1.6< ' (k, •
•