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HomeMy WebLinkAbout2003-09-02 (Regular) Meeting Agenda Packet·• - • • .. ·.• •. I . . .., . • ·,-. . .. .. • • :: :;-, ..... 6 ... ·• . ~ .. ' '( . , .. . ~ ... . . ... September 2, 2003 Regular City Council Meeting Ordinance II r, Y, r, /. 64, 65, 66, 67, 68, 69, 70, 71 Resolution U 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 8 7 · . ' . • • . • ~ .. . ' • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO September 2, 2003 I. Call to Order The regular meeting of the Englewood Ci1y Council was called IO order by Mayor Bradshaw al 7 :33 p.m. 2. lmocatlon The in vocation was gi ven by Cooncil Member Nabholz. 3. Pledpfll ~ The Pledge of Allegiance was led by Mayor Bradshaw . 4. RolCd Prese111 : Abse111 : A quorum was praeni. Council Members Nabholz, Moore, Gruulis, Garren , Wolosyn, Y urcbick. Bradshaw None Alro present: City Manapr San 5. M...._ City Aaomey Broun.a Assislanl City Manapr Flaherty City Clerk Ellis Directer SilllplOII. Community Developmenl Senior Plamicr Onhua. Coamulity Deoelopmeal Directer Olson. Safely Scrvas Ser.-Collim, Safdy Scrvas (al COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDm, TO PPROVE T HE M INUTES OF THE REGULAR CITY COUNCIL MEETING OF AUG UST II, 2903. Mayor Bradshaw asked if there were any commenu or corrections. There wen none . Vow resulls: Ayes: Motion'ca,ned. Nays : Counci l Members Nabholz. Moore, Gamet, Wobyn. Yurcilac k. Gruulis. Bradlluiw None (al Dale Flo.-cn .. 72SS Saudi Slando-C11de. IAlclllll uid 1-111111e aepmz • SIMh uburban Park Foundabon Group. w1i1c-.11iope you .. ,_._ w-.. '*-ll'IJII llaVlt i-a,.._ "'"h ~ for man .. -) ,--........... ol!k U"-Trail lklllt •,..., a.-. floe .. 0-vw U) bm1udo•n 1.IIIIOCllladiektSIMe Part ..S beyoad Ow a1111 w proJKt.c< 4h11r,aof a -.w • • Enalewood City Coundl Sepkl!lkr l, 2003 Pqel phase, was a million dollar extension, seven-tenths of a mile from Windermere Street to the Plane River, crossing a magnificent $400,000.00 bridge. that you and South Suburban, Littleton. Urban Drainage, etc., etc. helped fund . We are very proud of that extension and we are continuing eastward, toward Greenwood Village. with that project now. We have no staff, we have very few expenses and over the years we haven't had much money to operate on, but for this project ... this million dollars, we got a lot of kick for our buck. We ended up with some administrative funds that, we can't say we don't need, but we want to see that it is judiciously used. A few months ago, we were asked to participate with members of the City staff and we attempted to get a grant to plan for an Urban Fitness Trail that would go from, basically, Swedish Hospital to the CityCenter here. In meeting with all the principals and parties involved, we thought it was a very, very exciting idea. Unfortunately. he said, we did not receive that gram. We found out there was something like 600 grant submissions for, I think, three or four grants that were given, so we didn't feel that bad . On the other hand, that has kind of been rolling around in our heads, as we think this is a marvelous. marvelous idea. Because we have been fortunate enough to have partners such as the City of Englewood. we would like to give to the City of Englewood a check this evening. We are always coming and asking you guys for help, and it is awfully nice to give back. Mr. Flowers said I have a check for S2S.OOO.OO to kick start, we hope. this Urban Trail project. He presenled the check to Mayor Bradshaw . Mayor Bradshaw thanked Mr. Flowers. The audience showed their appreciation with applause. Mayor Bradshaw said isn't this great . This will help 115 make it a reality ... a fitness/hike/bike trail from Swedish Hospital down to C ityCemcr Englewood. This is an awfully good start. She thanked Mr. Flowers . And I want Co uncil to know, she said, that I abstained when they VOied for this. (b) Tony Raymond, from Flood Middle School 's Technology Team. said we are part of the TSA Chapter. The TSA is the T cchnology Studenl Association. Late last Sprin,. we had 10111C rcprcscnWives from our Team come to City Council and request IOIIIC funding ID help &Cl some of our Team members to the national conference in Orlando, Florida. The wnfaewe was held in lale J-. We spent two weeks on the road, driving to and from Florida. with eipc middle schoolers. Mayor Bradshaw said bless you. Mr. Raymond said it was a fun trip. Thelc •c.j iat ._ of die IIUdcals here lllllipa and they have some o f their awards. Tonipc we have a video lhal we plqllftld. It is a lialc _,,.. thal we reaud for the kids. bul the scpnclll we would like IO show you. is aclllally a lialc bil of wllll die onference w like. so that you could &Cl some idea of where your -Y -. nae bds wurbd so hard . They were so exhausted and you will see that in the video. And. you will llCIUlly &Cl IO see diem at the a wards ccrc:mony. At the awards ceremony. the Stale of Colondo hap schools and middle Kllooh combined. brought home 24 final ist pins. which means that 24 people fieislled in die IDp 10 ia die - Of those 24, Flood brought home S. Of the 6 uophies the Saale of Colondo broupt am-., Flood broupt home 2. So. we reall y dominaled the evelll for Colorado down there. If you would bkc IO play die video. he said . it i all cued up . _ Mr. Raymond continued after the video 10 say that was the TSA Confettnee. In addition IO 1iie conlerence. "c also v1S1ted the Oklahoma C u y bombing memonal in Oklahoma City . We also VISiled Dcaley Plaza 1n 1he sh-floor museum in Dall as. So they 80'•10 see all of that hislofy as well . W e go1 IO see a colorful side o f ew Orleans and for those of 115 who were there, ii was interestina. They also go1 IO ao ID Disney World and experienced some of the Disney magic. Then on the way home. we sropped m Atlama and vwled the World of Coke and topped 1n St. Louis and got to ao up inside the peeway arch. So. in addition IO this T 1n p. the got to see a whole ne w side o f America that they have never aeen before. I think -ol them had never even been on a road lnp. so thi was a whole new eapcncncc for them. Wilhoul lllflP)ft fro m Cuy ouncil. v.e probably would noc have been able 10 &Cl there. We waa lO thank you far lhal. he said. Mayor Bradshaw thanked Mr . Raymond. Council Member abholz :.aid I would like to sa IOllleduna wtule Ille ,..ie--sllowuli *tr trophio I ookl not belie,e "hat 1h1 club did for m -aml die odlcr Y'lllllll ladael llllll ,.._. dlal .. e,ein11.bu1 l lakem)hal Offto Mr.andMrs.Ra l1IOINi The iootal)~llo . lilo • W111iat10 t • • Englewood City Councll September 2, 2003 Page3 0 learn, and he came back from the road trip a gentleman and a young man . I looked back on my school yellrs and it was about fifth grade that I realized that my teacher actually had a first nmnc . I must say a teacher will always, at some point in your life , leave an impression . Mr. and Mrs. Raymond have left an impression with these young kids and with me , and for that, as a mother, I thank you . I am going to be helping out witll the high school chapter now, she said . Mayor Bradshaw said, you guys, we are so proud of you . Thank you . Lets give them a round of applause. There were given an round of applause. (c) Paula Sparacino, Richards Motors, said thank you for allowing me to speak tonight regarding the emergency Ordinance No. 62 . My husband and I own Richards Motors at 3809 South Broadway. We arc a family owned and operated independent dealership. In addition to my duties and responsibilities at Richards, I'm also a Director of the Independent Automobile Dealers Association of Colorado. Ordinance No. 62 was brought to my attention by the CIADA Executive Director. I felt slightly out of touch with what was happening in my own backyard. I was unable to attend the South Broadway Plan meeting. due to scheduling conflicts. I think it was scheduled for Friday, August ts•. Now I know, she said, that I am going to have to attend more meetings to protect my livelihood . I called the Senior Planner, Mr. Mark Graham. to get more information regarding the proposed plan, and also asked about Ordinance l\o. 62. I was told that the lack of sales tax that the dealers collect for the City, is one of the main reasons for the ordinance . However, he said that Richards Motors is not a problem and that we arc fine. So, I reported back 10 Mr. Fey and got on with my business. On Monday, Mr. Cook came in to visit with us regarding this same ordinance. He had a copy of the bill for us to read and asked us to attend the meeting, so here I am. I read the ordinance and the first thing I thought was that this totally discriminates against one group of businesses. Then I called the Mayor and was told that Richards Motors is a premiere lot and that we don't need 10 worry, and she also indicated that the ordinance was put into place to stop the proliferation of fly -by-night car lots. In addition, she indicated that there have been citizen complaints about having 38 car dealers on Broadway. I felt strongly that the Planning and Development Department was tryin!! to pull a fast one. so here I am to speak with the Council and ask that they table this bill and work with the community, which includes the~. to work out an equitable solution. so that all of us who have been in thi s area for many years. can continue to stay. Richards has been on the same comer for o ver 22 years and has been in the Englewood area for over 30 years. It appears that there is a clandestine movement a foot to prevent any additional aulO relalcd busincucs to move onto South Broadway. It also preve nts the existing auto related businesses from movin1 forward with any plans for the future . My plans wi ll c hange ignif1Untly if this ordinance is passed and additional zoning regulations arc put into place that coincides wi th the South Broadway Plan. If your whole plan is based on acquisition of additional sales tall 10 provide for City services, then why arcn 't you rcsuicting the CPAs. medical offices, clcanen. churches, lnlnsient hoUSJ ng and alcohol and drug treatment facilities? With thi s said. I want to g.o on record as stating that th1 ordmal1'.-c ,s discri mi natory in nature against one PJllicular group of businesses, and it should be considered unconstitutional . The proposed Dc ve lopmclll Plan is contradictory in nature . You indica te that v,e didn't provide sales taxes to your City, and in your Plan you want to prune back the retail :rones . facusc me . 1 n 't retail where you acq uire your sales tax? Also. you want 10 establish more multi -fami ly um ts alo ng South Broadway. Who . in their rig ht mind. would want to live along this busy weet, let alone ra ,sc a famil y there. let alone put up with the transient prostitutes and drunks that come out Ill night. It is ki nd o f scary down there. Y ou want to eradicate the ugli ness. What I have here arc photos that were taken last week along W est Colfu . Y ou guy s can ha ve these so if you don't mind, I'll approach and give these to Council. Mayoc-Bradshaw asked what arc these photos of? Ms . Sparacino replied they arc pictures o f c ar lot that arc no loop in business . The City o f Lakewood also had a development plan that didn 't tncludc the auto industry. a nd look what happened to their wonderful idea. ThcR arc several lots and thing that have been in ing vacant for over 22 years. that they can't do anything with because of the o,d1nan1:e that have been adopted . I suspect that rcdudn1 the number o f car dcalcrs on Broadway will male your plan WOJk out better. how-ever. this will brina you a whole ne w set of issues 10 deal wi th. Many p,:(>plc from the metro area come 10 the South Broad,ny corridor to purchase a vehicle. They know that th, , an area v. here then: 1 a i.ac selcc11on of dcalcn With vaned 1n venrory. If there arc no dcalcrs, or onl one or two. your plan wanes )'OU 10 ha~. the 1ection wi ll be limited. thus they wi ll llOl lnffl IO th, 111t-A The ccrwnl don't come here to shop II Wal -Mart. <W Famous Footwear or any oflhl»e odler ' • • Englewood City Coundl September 2, 2003 Pqe4 retail outlets that they have in their own neighborhoods. If you want to keep Englewood as a destination city, then leave the car dcalcn alone. Enforce your existing ordinance regarding propcny upkeep. Don't allow additional lots to pop up on property that was never a car lot. Put a load limit on streets to keep transport trucks out of the neighborhoods . Work with the dealers. Many of us arc trying to overcome the stereo-typical used car dealer image that still exists. I think this is very evident with most of the independent dealers on South Broadway. You ought to be proud that you have quality dcalen, such as Richards Motors, Valley Motors, Denver Moton, Caddy Shack, Oldies but Goodies, just to name a few, that call Englewood home. In conclusion, I ask that the Council reconsider their vote on this ordinance and I want to reassure this City that Richards Motors will strive to maintain an attractive business on South Broadway. Thank you for your time, she said. Mayor Bradshaw thanked Ms. Sparacino. (d) Peter Horrigan, Just Right Motors, said thank you for letting me talk . I just wanted to go on the record that I am opp<l5ed to your wanting to change the wning on South Broadway for the car lots. I think it discriminates against one business. There arc a lot of businesses out there that don't collect sales taxes ... why arc you picking on just one? Secondly, you arc going to destroy our property values, because these buildings, a IOI of these car lots, arc pretty one dimensional . You arc nOI going to be able to rent them very easily. One of the reasons you collect the property taxes that you do, is because of the rents wc arc allowed to get from these lots. So, in a way, you arc going to be hurting yourselves, you will be collecting less real estate taxes. I know, and I am sure that I can speak for the rest of the dealers, that wc support a lot of the local businesses. A lot of local businesses get a lot of money from us too. I just feel it is almost like you arc trying to steal the properties, without compensation. What arc the next businesses you arc going to say you don't want here? Thank you, he said. Mayor Bradshaw thanked Mr. Horrigan. (c) Bill Markel, Sharper Auto, said I represent 4000 South Broadway and 465 I South Broadway. The property taxes that wc pay arc in excess of S 12,000.00. The main reason for that is that property values arc based on rental income. That is probably one of the major factors they use in computing property values. If you take an antique store that is located on South Broadway in Englewood, it will probably bring $500.00 to $1,100.00 a month. The same piece of property where the building is set back, has a SO fOOI frontage or 75 fOOI frontage and 125 to the back, will do three times that amount. You say there is no income from sales tax .. .I really beg to differ with you . People: come to Englewood to buy a used car, they buy tires, they buy batteries, they may have paint jobs, they may go over here to Performance Wheel and Tire to buy wheels ... there is a IOI of residual buying, once a person buys an automobile, · especially a used automobile . There is also the number of people they employ. There arc a IOI people. There arc mechanics and there arc all types of young people that work in the lots that don't have driver li censes.' They work after school as IOI boys. I don't know how they calculated the sales tax . I really beg to differ with that. I don't lcnow how they can single out exactly how many dollars were brought in to the City of Englewood on sales tax just on car sales. People go look at a car, they have lunch, and again, they may go buy other items for the car they arc buying, they may make several trips back and forth, they buy gasoline , not to mention the fact that you arc singling out one particular segment of business, which I find absurd . You arc taking a person who makes his living buying and selling cars and saying you cann<>I do that any longer. because of some ordinance, when the zoning is there and the zoning is intact. It says we can do this. it has been on the books forever and now all of a sudden, wc can't. If we can't lease our properties, we can't command the rent that a car dealer will pay versus a flower shop or a gas station or an antique store. Property values, I am sure, arc not going to go down . Tues never go down, they always go up . I would sugges1 the City Council take a strong look at their spending. Maybe there is a way to cut expenses. instead of increasing our tax or putting a moratorium on just the car dealers. Maybe you should figure out a way to trim your budgets and figure out a way to conserve a little more, like we have all had to do. Our business is down tremendously . some as much as SO per cent and we have laid off people. The car business is in the real doldrums at this point. We have had five or six great years . It has been wonderful . Nothing i forever . My suggestion is that this moratorium be stricken from the VOie. Look at your own budget. he said , look at your o wn checkbook. figure out a way to balance it, leave the car dealers alone, as ' . .. .. • • Englewood City Council September 2, 2003 Pages well as every other business, and allow them to operate honestly and with integrity. But to single out one particular business, to me, is unspeakable. That is all I have to say, he said. Mayor Bradshaw thanked Mr. Markel. {f) Bruce Bennion, Blue Moon Motors, said I'm not a current car dealer on South Broadway .. .I got caught by the moratorium. I was trying to develop a piece of property in Englewood at 2885 South Broadway, but, due to some situations, I wasn't able to get it done by the moratorium deadline. However, I have a lot of insight, about being a new dealer. I have had a license for quite a few years, but I've operated out of my warehouses . I have traveled around trying to locate a lot and I am a long time Englewood resident. I like the way Englewood docs their business and I wanted to be on South Broadway . I made a few observations and one was that one gentleman left South Broadway, Andy's Car Lot. and his car lot went to Colfax. With the same crew and the same inventory, his sales went from 6 or 7 units a month, the last couple months, to 50 units a month . I know from my observation and listening to people and interviewing people on South Broadway, that it is not inconceivable that you could kill the goose that laid the golden egg here, because as much as I want to be on South Broadway, I see that Hispanics, in particular, arc not that comfortable about coming to South Broadway, when they can go to Colfax and Sheridan. Those car lots arc thriving and doing seemingly better than the lots on Broadway. It seems to me, that the City would be better served to have a committee and then work from within the car lots and develop the trade of South Broadway and get people to come to South Broadway to buy cars, do residual purchases, rather than clamp down on it with a strict moratorium. If the economy continues to tank, and God forbid we have another terrorist attack or something like that, people that have been hanging on by a thread, may just decide to fold up their tent, as there would be no opportunity for a property owner to take their piece of property, where they have been enjoying inflated rents and turn it. They would have to let it sit fallow until the moratorium expires. That is not going to be a pretty sight. Maybe Englewood could take these applications conditionally, instead of an outright moratorium . You could have a conditional review process, and if it is landscaping you want, hold people responsible for landscaping and make it a litmus test and you have to do ... whatever. I think you have the power to do that. I think you would be better served to take cases on a case by case basis, than to just close the door and say, I'm sorry but we arc going to review this and hope that it all works out in six months . Six months is a long time for a lot to sit vacant. There are a couple lots on Broadway now, that are vacant and so now they sit for six months. It doesn't seem to suit Englewood's purpose very well. he said. Thank you . Mayor Bradshaw thanked Mr. Bennion. (g) Ken Kauffman said, first of all, I come to you as a property owner and a former dealer in the City of Englewood . I own the property at 4400 South Broadway, which I have leased out to Mr. Stallings of Englewood Auto Brokers. It amazes me, and I get disgusted , that the City has targeted one type of business . I don 't understand how getting rid of the used car dealers in Englewood, will generate more sales tax for the City than what is already being generated . We have all had to cul back on our expenses and maybe the City needs to take a look at itself, at your spending and live within )'OW' budget, like we have to live within in our budgets . I know that all big and small businesses have had to cut back on spending especially since 9/11. Let me tell you how this moratorium will affect me penonally. he said. I purchased this property in 1985 as a place to operate my business as a used car dealer, which I operated for 12 years. but mainly as an investment for retirement. We, as small businessmen, whether in the car business or other small businesses, have a hard time setting money aside for retirement and usually don't have the extra resources to invest in 401(k)'s or other types of retirement ICCOWlts . Think of it this way, how would you respond if someone cafue to you and told you that your retirement account had been cut by 50 per cent? That is exactly what you arc trying to do. My property. and other properties that operate on a lease and purchase basis. arc worth more as a dealership than any other type of business that I can think of. My property is not big enough to lease or sell to a big box store or a fast food chain, so therefore. if I cannot re -lease my property when this particular lease terminates. to another car dealer, I would be forced to lease to maybe an office. donut shop or sandwich shop. which would probably not aenerate as much sale s tax revenue as what is being genera1ed already . I don't know how many dealers there are. but I heard ,~meone say 38 . They all have employees who eat and shop and pay ~les tax in the City o f Englewood . ' ... .. • • E111lewood City CouncU September 2, 2003 Page6 At least I know that when I was operating my business, my employees did that. You are probably talking about 200 to 300 people who pay sales tax in the City every day. If you wanted to propose a moratorium, which would not allow any more properties to be developed into dealerships, then probably a lot of us would agree with that. But taking away what we already have, is not in the best interest of this community. Think about what you are doing, he said. Thank you . Mayor Bradshaw thanked Mr. Kauffman . (h) Jack Reutzel, Reutzel & Associates, 9145 East Kenyon Avenue, said I am here tonight on behalf of Bill Crouch. Mr. Crouch has been a property owner and dealer in Englewood since 1963. He would echo all of the comments that have been articulated here this evening, from a business perspective . He has retained me ... a land use lawyer ... to look at the moratorium from more of a legal aspect. Many of the issues that I was going to talk about have already been discussed, so I will try not to repeat those. This afternoon. because of the limited time I had, I delivered to the City Attorney 's office and City Council 's offices a letter from my office . I want to make sure Council has that. If you don't, I have extra copies that I will leave with you when I am done. Moratorium is a hostile act, he said, and I think we are all feeling somewhat on the defensive by the procedural way in which this is coming to your attention here this evening. Moratoriums have generally been upheld when they are done in response to a dire emergency and the action is reasonably calculated to alleviate the crisis. As far as I can tell. the emergency that you are talking about is that you don't think you are getting enough sales tax from auto-related uses . I would submit to you that I don 't believe that is an emergency where your power of a moratorium ought to be applied to . I don't think there is anything that you would be doing in the next six months that the Planning Department couldn't continue to do, working with the property owners and the car dealerships to bring about a amicable resolution to this issue, rather than declaring a six month moratorium. What I understand the moratorium to be ... and I have had a chance to read the ordinance ... is basically, you asked for a time- out so that the Planning Department can come up with a ordinance that limits the lots ... and I've heard different things, I've heard you arc going to limit the lot siu:s, limit the setbacks, prohibit it ... there is a whole bunch of information floating around out here and I think ii is scaring all of us . We were also told. as the first speaker said, that "oh. Mr. Crouch's properties arc nice, you're not the target," yet I read the ordinance and there arc no exceptions for those types of properties and, therefore, I don't take any solace in what we arc hearing from the Planning Department. He stated there is no dire emergency to justify the imposition of the moratorium. My understanding is also that the proposed ordinance is based on preliminary findings of the Broadway Plan 2003 . When I talked to the Planning Department. I found out that that Plan has not yet even gone through public hearing yet. I think there arc some procedural due proce ss issues when you are basing a six month moratorium, that is going to adversely affect the rights of Mr. Crouch, and everyone else in this audience, on a draft plan, that you know may change and change sub stantially during the public hearing process . As we have been told, the basis for the moratorium is the inadequacy of revenue coming from the use, although the other speakers have demonstrated that there are other uses within the B-2 zone district that generate no sales tax revenue, yet they are not the target of any such moratorium . Not only is it an equal protection issue within B-2. but within your 1-1 zone district ... upon my review of the Code, auto-related uses are permitted uses in the 1-1. yet you are not aucmpting 10 establish a moratorium for those uses, which puts the folks in B-2 in,10 even more desperate economic disadvantage. against other car dealers within the 1-1 zone district. Your moratorium, I believe, fails 10 detail the steps the City will undertake to address this issue. The reference, that you will put revisions in the zoning ordinance, is vague and I don't think it passes due process muster. It is our wish that yo u kill this ordinance on second reading and instead, in the next six months, work with the property owners and business owners to address your concerns, as well as their concerns, in a productive manner . At the ve ry least. I think what this has shown is that this is an issue that affects everyone's property ria)lts ubstantially. At the very least . I think this should be scheduled for a full public hearing to allow everyone here ample opponunit y to present their views and evidence, so that the full issue is before you when you make your determination . As I said. it is a hostile ac t and I think it is an unnecessary act. Given the issue that you want to preserve and to protect. he said, I think you can do that within the confines of your police power, without invokir he moratorium . Thank you . Mayor Bra<bhaw thanked Mr. Reutzel . ' ... .•' • • 0 Englewood City Council September 2, 2003 Page7 7 . Unscheduled Vlslton 0 (a) Amy Meyer said this is a slight change of subject from the auto moratorium . I would like to present a petition that we have put together regarding the Bates Logan off-leash dog park privileges. We are in favor of them . We have put together a little letter that I will read and then hand over the petition to you. "We represent a group of Englewood residents who would like to take this opponunity to let you know how much we enjoy and appreciate the off-leash privilege at Bates Logan Park. The attached names were gathered informally over a couple of evenings in the park and represent only a few Englewood residents who regularly use the par!.. Some of us take our dogs daily, some only occasionally, but we all feel that our lives and the lives of our dogs are enriched by the experience. We have been able to tum neighbors into friends, strengthening our sense of community. In addition, we have met and befriended many Denver residents and we watch shy, abused, rescued dogs blossom into wonderful pets. Our parks are for everyone's enjoyment and we want everyone who uses the park to have a safe and pleasant time. We try to make sure all dog owners clean up after their dogs and keep them under control. People who do not like dogs, or are frightened of them, should not have to worry about being knocked down or jumped on. We also try to pay attention to the wear and tear on the soccer field and move the dogs to other parts of the park . Of course, we realize that not e, eryone follows the rules, and not everyone is considerate of their fellow citizens. We try to educate those people as best we can in an effon to keep the off-leash experience positive for everyone. We have, on occasion, told an owner that their dog was not off-leash material . When that fails, we can rely on our area's code enforcement officer, Caroline Faseruk, to halldle infractions calmly and fairly. We hope the off-leash privilege can continue and we pledge to work with the City to make sure it is a positive experience for everyone." Thank you, she said. We have about 75 petition signatures. We have not aggressively pursued this. It was just kind of something we thought we would do to present a positive front to the privilege. We would like to have an opportunity, should we ever be at risk of losing the privilege. to present alternatives. or more signatures or however we can do that. Thank you. Mayor Bradshaw thanked Ms. Meyer. (b) Paul Gaggini, 2211 South Lincoln Street. said thank you for allo~ng me to speak. I am a citizen of Denver and I would just like to thank you for your off-leash dog park at Bates and Lopn. I. and many other Denver residents, who use this park, go out of our way to shop in Englewood and I just want to thank you. It is a great city and a great idea, he said. Mayor Bradshaw thanked Mr. Gaggini . (c) Neal Maisch, 2939 South Lincoln Street, said I am here about the derelict vehicle law. which was passed o n July 14. 2003 . Unfonunately . I was given a ticket on it. That was the only way I knew about the law . Then I talked to my neighbors, who also received tickets and I found out that nobody kne w a bout thi s law, which was passed. that says there can be no derelict vehicle without a six fooc high fe nce with a cement floor. so it basic ally has to be in a garage . I have no garage . Everybody around Denver has heard o f thi s law and tripled the price of their land for storage ... Basically, what the board has do ne is just, basically. created a hardship. I L~ked a lot of people to call the board and let them know. I do n 't know if they have done this or not. They are afra id of retaliation from this board. I am asking for a two-month restraining order against this law, so I can pther si&natures and brina them before you. ao you can c heck it out. Because thi s is hurting a lot of people. not just me. I am on SSI. My vehicle has been tarped for two years. I have never had a problem with it. The City Code Enforcemelll officer who pve me thi s tic ket said she had to give me the tic ket , as it is the new law. She doesn 't know why the law chanacd, that she wa sn't ava ilable for the meetina . But the law did, in fact , change. so she had to aive me the ticket. So. therefore , I am askina that you hold off on enforcina tht tickets until we can work sornethina out. beca use ri ght now , I c an 't affo rd these tickets. And I can't afford $300.00 for a garaae . he said. Thank yo u. Mayor Bradshaw thanked Mr. Maisch . ,. ' .... ..• • • Enclewood City Council September 2, 2003 Pages 0 . (d) Jill Wilson , 3061 South Grant Street, said I just want to tell you that, a year ago June, I bought my first home in Englewood at 2992 and I wanted to purchase another property in Englewood. I gave my realtor very strict guidelines ... like from Sherman to Downing and Hampton to Yale. I only wanted to live near the dog park. That was a key. It has turned into a wonderful neighborhood with a great sense of community. People really watch out for you and it has been a great experience. So, I was so happy, I just bought my second home in Englewood. I, like many others, hope this privilege does not go away, she said. I really enjoy it. Thank you . Mayor Bradshaw thanked Ms. Wilson (e) Carol Allen, 1959 South Clarkson Street, Denver, said I too, have been involved with the dog park for over a year now, and every time we go up to the dog park, we stop and make a purchase in Englewood. Maybe it is dinner at El Tepehaun, or shopping at Wal-Mart ... or any one of the independent businesses, which we try very hard to support. The park is an amazing, amazing amenity for a City like Englewood. It is such an amazing amenity that I have asked my realtor to find me a home near the park, so that I can cominue to participate in it and feel a part of it, and not be someone who comes from another city to use your parks. Those of us in Denver do want to thank you, she said, and we are thanking you by supporting your businesses. Mayor Bradshaw thanked Ms. Allen. (f) Randy Plu said I am the dealer principal for Plueco Motors, Inc ., located at 3901 South Broadway. I am here to oppose Council Bill No. 62. I feel what you are doing is restricting the dealer group that we have in our future, as far as improving or increasing our lot sizes. I have recently moved to this area from Commerce City. I chose Englewood, one ... because of the lot size that I had, the quality of product that I offer .. .I have a high-end, especially in SUV's. A lot of my cUSIOmers come in from other areas. but they do shop in the area as far as purchasing gasoline. Since we moved here, we opened up our detail shop. We have three employees that are in our retAil establishment. We have three people at our detail shop. Those people all live in the city limits of Englewood. So by putting a restriction on me for future growth. I feel it is unconstitutional. I think you have imposed something against me, that I had no option to agree or disagree with . I am just here to speak on behalf of the dealers that are here this evening and hope we can make a difference. ' Mayor Bradshaw thanked Mr. Plu. (g) Harry Lester, Harry's Specialty Cars, 3247 South Broadway, said I have I question of the Council. I have been in Englewood for 25 years, operating under the same name . I have done everything that Englewood has ever asked me to do. I have done things above and beyond what they have asked me to do, that I didn't have to do. Like when I mov.c(I into my property, they didn't like the barbed wire that was there. I didn 't say. it was there, it's grandfathered in. I took it down. I didn't have to. I sold 10 feet of my property so that the Gothic Theatre could open. They could not have opened, had I not sold them that property . It would not have been permitted. I deal with their trash every morning in the alley. Nobody is there to help me do it . When Englewood asked about the fence. I put the four foot fence up like they requested . The guy next door. he puts up a six foot fence . I guess my question is. for 25 years of doing what the City has asked me to do. is this my repayment? Is this what I get? It doesn't even seem fair . For 25 years I have done everything you all have asked me to do and I think any other car dealer in here has done the same thing. If you have asked ihem to do it, they have done it. And this is our repayment? You wa nt 10 just run us out? It's just not right. he said. That is all I have to say. Mayor Bradshaw thanked Mr. Lester. (h ) Gary Leisy said I have two properties in Englewood, 1300 West Quincy and 49S5 South Broadway. A company I own and manage currently has nine employees and it has I familiar name to you. It i Englewood Motors, Inc . It has been in the City since 1960. It was started by my father and grandfather. I guess most everything I came 10 say bas already been IOIIChed upon ... real estate values. the ... .. • • Englewood City Council September 2, 2003 Page9 0 fact that we bring customers to the City, the fact that we feel it is simply not right to single out one group of businesses ... all of those items arc very important. I would simply say, and -I'm not going to belabor the point, because you have heard it enough, but I would simply urge you and tell you that I would be very happy to work with the City. I feel a linlc, I don't know ifslightcd is the right word .. .I lmow that notice is sent out about City meetings. I asked Mark Graham, when I spoke with him a week or so ago, if a notice was sent out on this? And, of course, there were notices sent out about those meetings. I guess, if all of us here who arc car dealers or own properties, had known the scope of those meetings over the last few meetings. we would have been there. I would vohmtecr my time and gladly work with the City. I think you need to seriously think about what this docs to the business climate in Englewood. If you arc willing to run one type of business out, I really feel there is going to be a voice come back at you and say, what business is next? And I don't think you want that atmosphere in the City of Englewood, so I would urge you to reconsider this issue and table it, so we can all discuss it and don't put a moratorium on us. My father had a saying, "business brings business, action begets action." I think we can bring a lot of positives to the City. I wish you would consider that, he said. Thank you. Mayor Bradshaw thanked Mr . Leisy. (i) Jon C. Cook said I live at 2466 South Cook Street in Denver. By the way, my wife loves the dog park also. She goes over there a couple times a week. This bill regarding the car lots on South Broadway, is just really, really scary. I own quite a few properties on South Broadway, automotive related and other storefront properties. The most problems I've ever had over the years, I have them now, I have had them last year, in the last couple of years, is that all of us arc fighting to survive the business climate that we arc in. But all of my storefront properties ... when they go vacant, they arc vacant sometimes for a year, sometimes longer. I have worked with Englewood for several years with the beautification of the buildings and awnings and paint, signage and all kinds of things with my tenants. I coughed up the money to help them out. It has been an interesting project that you guys have been going along with, but also, it is not conducive to business ... some of the things you are doing to my tenants, specifically in the 2800 block. We had a guy where we put up beautiful awnings, a new storefront, windows and paint. Then they got into an argument with you guys over a sign and now the awnings have all been ripped down and they painted up the building in candy striped colors. So, I have had a lot of other different small issues, but mainly it has been with these storefront properties. I don't want any of them. I'm getting Mom and Pop businesses in there . They are in there for six months or a year, maybe they collect &ales tax for you guys, maybe they pay ii, maybe they don't. They don't pay me all the time. The best properties that I've had are the automotive related properties. I've spent all of my life on South Broadway ... sincc I was 12 years old. I love my properties and you can go by every single one of them and they arc all very nice. I get on my tenants to take care of the weed problems, or any graffiti, right away. Sometimes, I actually have cans rolling around in the back of my car, as I sometimes take the graffiti off myself. Just this weekend, I drove up and down Broadway and looked at some of the properties, and I think I have been around as long as any one of you guys up here and I know almost every single address on the street. You guys or Englewood has caused this to happen. There arc 32 of the car lots that arc currently in business right now, that were other things. Prior to hcing a car lot, there were 13 houses. Now, I don't know about the sales tax revenue that was generated by those houses, but. tonight you have heard comments about other employees corning to the car lots and generating sales tax. One of them was a doctor's office. I don't know how much sales tax doctors charge. It is place after place. We had a 7-Eleven store where Kenny was and that moved up the street and they built a new one. What do you think, Kenny is going to sell it back to 7-Elcven and get another 7- Eleven in there ? We can only have so many Arby 's, Wendy's or Taco Bell's ... we have all that. Believe me. if I have been given the chance to convert some of my automotive real estate to other uses, I have done that. when it has, of course, been beneficial to me . But also, that has 11\oppened in at least 16 instances. Now for many years. Earl Scheib was a bit of an eyesore and that is one of my properties. Prior IO that it was a GMC truck franchise and I ended up leasing it to the Catholic Church for St. Vincent de Paul. That building looks real nice and they are doing a good job. I'm not speaking for everybody here. because 1 don't think it is necessarily right for everyone, but if, at the very, very. very least. you guys considered c hanging something on this, maybe a grandfather clause. which would allow an automotive spot to continue to be used as that. Now , the way that you have it written, if someone came in tomorrow and my 1enant wa o ut today. it would,be okay if it happened at exactly the same time. But hey, who are you auys ' ... .. • • Enpwood City Council September 2, 2003 PagetO fooling, if you think you are going to have a tenant right away. We need to hang signs up, interview and talk to several different people in order to get a new tenant in these properties. The way you have this written, it just won 't work that way . Of the 32 car lots that you created ... you created it by changing those, ... there are 16 other lots, that through attrition alone, would change . Look up on Belleview and Broadway, he said, there was a car lot there and now it is Flowerama. Things like that will happen and over a period of time, it would take care of itself, if you just don't allow new teardowns and new car lots to be established. I would like to tear some more down and make some more car lots . But, I am willing to come to you, and maybe help set up a committee and talk with the other owners to work some of this out. In conclusion, I just want to know where to find the preliminary research and market analysis report that was done for this bill . It says here that you did that and I would like to get that report. Mayor Bndshaw said that would be through Community Development on the third floor . Mr. Cook asked if Council had studied that. So, he said, all I have to do is go to the third floor and pick it up . Mayor Bradshaw pointed out where the Director of Community Development was sitting in the room . Mr. Cook said okay, I will come over and get that. I'll tell you, this is really a rough deal as several people have :111id. I received those cards too, but I receive them from Lakewood, Denver and Englewood and you can't be everywhere all the time . Mayor Bradshaw thanked Mr . Cook. (j) Mehdi Hallaj said I am the owner of Affordable Auto Center, 4n3 South Broadway . I have been there since 1994. I was just wondering .. .I would like to ask you a qllCllioa from the Stale Department of Revenue, Colorado State Department ofTues. Is there any protection for me? I spend over $75,000.00 a year producing sales tues for the State of Colorado. I don't produce lhll mucb City tu for Englewood, maybe $2,500.00 a year, but I pay at least $5,500.00 a year for property tu. Thal is not including the three emplo~ I have . I made my place really nice. I think the City of Englewood condemned the building before I took it over. ThcR were about 11 pna members living Delli to me. I had a small dealersbip at that time. I bought that property and turned it into a really nice place. If you have a chance, please just look uound and see what you think.. I work really hard. I spent O\'CI' $100,000.00 just for the lllles, altogether. I think if I want to be retired, I should deserve to be retired. You can go look II my records ... I cannot lie to you . I produce a loc of IIIIC tu and I finance can in-house. I brina a loc of customers to my area ... Latino&, and they don't know anything about the area. I opened the -"et. I've never had one complaint against me in the last left years. You can go to the dealer board and find OUl if anybody has filed a complaint against me . Tbal's protection. I have 100 per cent repeat cuatomcn ... close to that . Maybe I am eugenting ... okay 98 per cent. I would really appmcialc you giving me this chance to talk and this opponunity . I've worked really hard for this and I don't want to lose it. Maybe you could find another sol ution . Maybe you should allow other dcalcn to come in . Maybe you shouldn't let anybody o pen any new dealerships. Maybe you should just leave those people alone, who have been in this place a long time , he said, and help them out. Thank you very much . Mayor Bradshaw thanked Mr . Hallaj . (k) Dan McCrea. McCrea Molon. 4040 South Broadway. said I just Wini IO 1C11e that I am opposed to this moratorium and wish that you WOllld consider other options . Thank you. Mayor Bradshaw thanked Mr. McCrea. (I) Tom Crump, 4480 South Broadway. said all I can 11y is I low Eftaln,ood . Tllis is where all my properties are . I have two busi-propertiea and a lot ot ....i propeny. ud I llelp die City OUl OIi the low housina. I pay a loc of tu dollan every year . I JUII dOll"t tlilM II is f11r, afteJ you haw built a buildina 25 years ago ... two buildiap. and all thew -, that I paid oe *-two buildutp • 4466. 4480 South Broad-y. and ten rental places, all the tu -y ud low ,_ that I ctiar., my people .. .I just don't think it I fair for you IO-,n and tell 11&. -·ve diMfed our llliadl. --.-a 11> ..a die -C'11y of Enalewood differen1 and thal leaws tbtnp. 11111 -haw 1'Uud oa for our ,.... ;. kicked • • Enalewood City Councll September 2, 2003 Pqell (J right out the window. So, thank you. Everybody has touched on it. he Sllid, but it is going to hurt me. Thank you. Mayor Bradshaw thanked Mr. Crump. (m) Gary Tisch said I am here to oppose the moratorium for the car dealers. I have a number of properties on South Broadway. I prefer to stay in retail. They are commercial buildings. The Goodwill building is one that I just bought a couple years ago. I put a couple of retail stores in there. It took a long time to gel those businesses in there. It probably took me almost a year 10 gel a laundromat in there. I also have two car lots on South Broadway. These two car lots were condemned buildings before I took them over. I lore them down and I spent a lol of money putting these properties in here. Now the City just wants to take that away. Before I came down here, I spoke to my attorney and he said if the City passes this moratorium and I lose my right to put car lols in here. that would be unconstitutionally retaking of my property without due process. In which case, be and I both think that the City is liable to me. I don't want 10 just lose my properties, he said, so I am going to ask you to rethink this. Thank you. Mayor Bradshaw thanked Mr . Tisch. (n) Patrick Shea, Two Sheas Motor Company, 3232 South Broadway, said I am here to oppose the moratorium also. After leaving a pretty decent job, I took on this Two Sheas Motor Company a few years ago with the intent of possibly purchasing the property that I'm in . I own a few homes in Englewood that are rental properties. I plan on doing business and hopefully have a successful retirement in the community. As I watch all this, as everybody else has said, I am thinking of my retirement going right out the window. As everybody else has said, we take care of our properties. We do exactly what we are told to do. We follow ail the rules and guidelines, keep the places up, he said, and here is what we have to look forward to in our retirement. Thank you. Mayor Bradshaw thanked Mr. Shea. (o) Larry Corwin said I own Credit Motors on South Broadway . I am going to be very honest with you. Most of these people have been quiet about this. This whole thing is moronic. It is stupid and it doesn't make sense and it is illegal . Okay? Each of you better be prepued to be sued individually and the City bcucr be p:epared to be sued also. Because what you are doi• is wrona, and it is illegal. On the 2700 block of South Broadway. u you come into Englewood, you haw these little peen things hanging up in the air. I don't know if anybody has ever seen them. How much money have you spent on that, wasting money? I have people coming onto my lol and saying. what the hell is this? What is that stuff? I don '1 hear an answer. What is that? You spent good money on that. Somebody gave you a check for $25,000.00 ... arc you going 10 put it on the next block , those nonsensical green things? Mayor Bradshaw said when you address us respectfully, we might answer . Mr. Corwin said I am being as respectful as you are to the car dealers. You are not being respectful to us. You arc telling everybody. literally. that we are going to cut you out. we're going to stop you from being in business. That is wrong. Why pick on one group? Tell my why you are picking on one group. Whose idea was this? I would like to know which one of you? (p) Peter Schram said I live in Parker, Colorado, 19124 Coctonwood Drive and I work at 1300 West Quincy, Englewood Motors. I rcpresem the future of the car business. I nvcl • Ion& way and every day I am one of those employees who is out spending money in Englewood. I am also a member of the E nglewood Chamber of Commerce. I look for customers inside of Englcwood and outside of Englewood. and bring them in here and I cu tell you that I know everybody i,1 here. Every car py. We arc a big family and we a ll work together and we all work 10 bring people into Englewood. and when they arc in here. we encourage them to ao out. have lunch. run errands, and brina their money into our community. I am very excited to be part of a business that 1w been a part or Ena)cwood (or~ years. My father told me somctbina ... words of wisdom ... "surround yourself with aooct people ." ~ of the besl car t • • Englewood City CoUDCII September 2, 2003 Page12 D dealers in all of Colorado are on South Broadway or in the vicinity . I know this because I am a part of a family of car dealers and I chose to bring myself here, and to cut my teeth here in Englewood. I have a great respect for everybody in this room, who represents the car business. We will continue to thrive, he said, and I would like to do that in Englewood . Thank you . Mayor Bradshaw thanked Mr. Schram. 8. Communications, Proclamations and Appointments Mayor Bradshaw stated that three proclamations were listed on the Agenda, but were not included in Council's packet, so Council cannot act on them. This is unfortunate, she said, because one is September Drug and Alcohol Recovery Month, one is September Pain Awareness Month and I would like us to act on a proclamation honoring Susan Thornton before she is out of office in November. (a) A proclamation declaring September as Drug and Alcohol Recovery Month . (b) A proclamation declaring September as Pain Awareness Month. (c) A proclamation honoring Littleton Mayor Susan Thornton. 9. Public Hearing No public hearing was scheduled before Council. 10. Consent Asenda (a) Approval of Onlinanccs on First Reading There were no items submitted for approval on first reading. (b) Approval of Onlinanccs on Second Reading COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (U), (ill) and (Iv) ON SECOND READING. (i) ORDINANCE NO . 60, SERIES OF 2003 (COUNCIL BILL NO. 59 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF T RANSPORTATION FOR CONSTRUCTION OF "BIG DRY CREEK TRAIL IMPROVEMENTS" IN THE C ITY OF ENGLEWOOD. COLORADO AND THE CITY OF LITTLETON, COLORADO. (ii) ORDINANCE NO . 61, SERIES OF 2003 (COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT THE BROADWAY /KENYON INTERSECTION , IN THE CITY OF ENGLEWOOD, COLORADO. (iii ) ORDINANCE NO . 62, SERIES OF2003 (COUNCIL BILL NO. 61 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT t • • Englewood City CouncU September 2, 2003 Page 13 PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO. 63, SERIES OF 2003 (COUNCIL BILL NO. 63, INTRODUCED BY COUNCIL MEMBER ORAZULIS) AN ORDINANCE AtrrHORIZING THE PURCHASE OF 4673 SOUTH GRANT STREE."f BY THE CITY OF ENGLEWOOD, COLORADO. Mayor Bradshaw asked if anybody wished to pull any of these items. They did not. Vote re.alts: Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (c) Resolutions and Motions There were no resolutions or motions submitled for approval . 11. Regular Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 62. an emergency bill for an ordinance. enacting a temporary moratorium on auto-related uses in the 8-2 Business :zone District. was considered. Mayor Bradshaw thanked everyone for coming and speaking to Council this evening. We appreciate it. she said. Mayor Bradshaw said I believe that we have had a number of market studies done and that we have an over abundance of one use on Broadway. This was brought to my atlention by several citizen groups, saying that they arc concerned about the proliferation of car lots on Broadway. The moratorium is for six months and that will establish a tirneline where we can all sit down and talk about what we can do abou: the proliferation of car lots . So that is why I brought this up and I wasn't the only one on Council. We also have a s taff presentation this evening from Mr. Marie Graham, she said. Senior Planner Graham said this issue, Agenda Item I l(b)(i) is on second and final reading thi s evening and I would like to reiterate some of the things that were presented on lint readina. if I may . For the record , yes, there were a couple of important reports that we will be discussina with the Plannina Commission over the next month . One, identifyina that we have perhaps as much as ten timea the amount o f land devoted to auto uses as is necessary to serve a local demand. Thal does repraent an opponuni~ for sa les tax collection, multi-family housing and many other thinp. While it ia 1n1e lhat multi-family ho\aaina, for mstancc, does not generate sale tax . it does generate customers. What we are tryin, to do with the Broadway Plan. 1s to rebalance the mix of use on Broadway. The tool for rebalancina thole mixes is the zoning ordinance. The zoning ordinance clM'ffl!lly permits auto uses by ripe. u many have explained. and it ma y be possible to do it with a conditional use or II may be possible to apply ocher criteria. BUI . it is necessary. based o n some anecdoces that I am gotna to relate to you, 10 eslabl1sh a monlOnum a1 Illa time. There was a frenzy of activity over the wt few weeks, and many phone calls IO me -aboul ... "I'm about 10 buy land ror • dealerslup. th1 dealership tS aboul to c, ac 010-nenhip. I would hkc to expend the ; . '· • • Enpwood City Council September 2, 2003 Pqel4 dealership." There were, in fact, two dealerships established in the past two weeks and two more that were to be established that couldn't make the deadlines . This does create the urgency that warrants the emergency ordinance in this cue. The public interest in this issue is that the City has the need to protect its tax base in order to fund the central services ... police and fire protection, building codes, plowing roads and that sort of thing, in order to provide for access to businesses, at all. Car businesses are definitely a component of that mix . It is our contention that, it is the over abundance that is the problem, not the use per se. So what we are &uggesting tonight is a moratorium that does not put the existing car businesses out of business. It in fact, freez.es the situation as they are today, unless the lots go vacant. In which case, six months is a rapid time for us to work through the process, figure out where our regulations need to be and get those on the books, and al the end of the moratorium, we will have a new playing field. We believe that that will be something that could be equitable, fair to the car dealers and fair to the other businesses, as well as fair to the City. Also, there are no expectations, none whatsoever that 100 per ecol of Broadway would be retail. It's not wise, it's not sustainable, yet we have some patterns, that are closely related to the proliferation of auto dealers, that interfere with a successful retail environment. The South Broadway Plan has some recommendations for establishing nodes and other things that are hoped to remedy that situation. With this six months, he said, we believe we can make good recommendations to you as to how to achieve the new retail nodes and how to achieve an appropriate level of auto and residential and other uses on the corridor. Mayor Bradshaw asked if there were any questions for Mr . Graham. Mayor Bradshaw said I would like to ask the City Attorney to explain what the moratorium wi)I actually do. Can you just explain it? City Attorney Brotzman said it is just a stand still. Mayor Bradshaw said every thing u is, stays as is. Okay. City Attorney Brotzman said that is correct. there is no expansion and there are no new lobi. Basically this is a stand still . Thal means there are no new lots, but all the current lou are stayina just as they are. You can't expand . The lots that aren't currently an auto use, cannoc become one. From the audience, someone asked if they could comment. Mayor Bradshaw said no, I'm sorry. we had our discussion. From the audience. someone continued to comment. Mayor Bradshaw said I'm sorry sir, but you are out of order. Mayor Bradshaw asked if Council had any other questions for Mr. Graham. Council Member Moore said I would like to clarify City Attorney Brotunan's statement . If a property. that is currently an auto-related use. were to change hands during this timeframe, is that permissi ble or not? Mr. Brotzman said yes, in fact we have had a couple calls on that . Currently. if you have a buaincu that is auto-related right now and you want to sell your business that is auto, that is not a problem. That is not prohibited by this ordinance. So, if you have a car lot and you wani to sell your car lot to aomebody else, that is fine . Another quc.tion. what if you have a car lot and want to rent it 10 someone else? Mr . Brauman said that i fine . Another questi o n. so you could sell it to another car dealer? Mr. Brotzman said that is c:onec:t. .. • • EnaJewood City Council September 2, 2003 Page 15 (J Mayor Bradshaw said there is a lot of misinformation that you gentlemen do have and I am sorry for that. Another person asked if they could ask some questions down the road . Mayor Bradshaw said absolutely . All we are doing, she explained, is we arc buying some time to look at what is happening on South Broadway. That's all we arc doing at this point. Council Member Nabholz said when the City of Englewood sends out mailings to businesses, it is a costly mailing. The mailing usually consists of a card that indicates it is from the City. There were several meetings, so I would encourage you, when you get these cards, don't just throw them in the trash. We arc trying to say we want to talk lo you, we want to work with you. So, she said, please let us work together, which, it appears, is what we arc going to do. Thank you. Council Member Grazulis said when we had a Study Session a couple of weeks ago regarding this, I do remember speaking in favor of a lot of these people and I never did get one thank you for it, but I went against Council very vehemently and they know that I am all for entrepreneurship and I'm not in favor of just singling out one type of business, let alone other things that could fall into this category. I am alarmed at the number of car dealers we have in Englewood. I will not deny that. I have lived here too. for about 25 years and I live on Lincoln which is just one half a block from the car dealers. And, at one time, they took over my property, with parking all around my house. That bas since changed, and I have had some of the best neighbors, which arc car dealers or car associated people. I'm just letting you know though, upfront, that this is a very hard decision to make on this moratorium . A part of this moratorium came about. because we were not all in favor of this . I just want 10 be on record for that, she said. Mayor Bradshaw asked if there were any other comments. Council Member Garrett said I want to thank everyone for coming out. It is nice that we finally do something that energiz.es folks. Sometimes we come here and do a lot of things that don't. We have been talking about this a long time, without a lot of input. This has been on our agenda. it has been in our minutes and we just have not seen people show up. One of the things I would cncourage ... and I don't know how the votes will go this evening ... but if there is nol, or if there is a moratorium, I think we would all admit, there arc some car lots that aren't necessarily appropriate. that are not well kept. One of the things that was suggested at the last meeting ... and it was the consensus of Council. .. was to think about the moratorium so we can sit down and talk, because I think we ba~c a lot of car dealers that have done a lot of good. I mean. the gentleman from Harry's Specialty Cars mentioned some of the things he bas done. Some people have gone with our f~adc program, other people have put up the fencing that fits in with the theme. So I feel we are not trying to discriminate, but we would like to come up with solutions that make i1 comfortable for you 10 do business here and solutions that allow the City to progress. There arc a couple of mis-statements that were made that I would like to correct. When you talk about sales tax dollars ... only when a resident buys a car do we see those sales tax dollars. A lot of those dollars do go out, so I know you collect a lot of sales tax. but some of that doesn't stay in the community. And most of the property taxes go to the school system . The City does not receive a whole lot of the money that comes from the property tax . So. when you think about your tax bucket, it is a lot, but very few dollars come to the City. I know some people have questioned whether the City has looked at expenses. We arc looking at a budget, barring whether we have certain tax increases approved , which will be on the ballot this fall, where 15% of our work force will be going away. which means some of the services that you, as business people, enjoy, will 001 be done as well as in the past. such as street sweeping. which I think, is one of the things we do well in Englewood. But we won't have as much of that. Some of the response times will be affected, because Safety Scrvices ... being the largest part of our budget ... is taking the biggest hit. They will not be quite as responsive, as we would like them to be if we had more .:ash . Theie are types of services that enhance the community. he said, as well as enhance the business community. so we have looked hard at our budget as well . Thank you. Council Member Grazulis said I want to make one more comment . We know something has to be done to try to retain the quality car dealers and anything car rcla1ed within Englewood. We arc trying to at least put • • -- Englewood City Council September 2, 2003 Pqe 16 a moratorium on some of those lots that would come in as fly-by-nights . I don't know what the answer is, she said, that is why we really need to hear from you in another session . Mayor Bradshaw said there will be a Public Hearing for the South Broadway Plan in front of Planning and Zoning, and there will be a hearing in front of Council. We arc al least a year away before anything happens . This is just a preliminary stan, she said. Council Member Grazulis said that is right. I just wanted 10 slate that I just don't know exactly what the end answer will be or what the end results will be, but this is just one step in trying to preserve what we do have. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 62. COUNCIL Bll..L NO . 62, INTRODUCED BY COUNCIL MEMBER WOLOSYN/BRADSHA W A BILL FOR AN EMERGENCY ORDINANCE ESTABLISIDNG A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS WNE DISTRICT, FOR A PERIOD OF SIX MONTHS . Mayor Bradshaw asked if there was any more discussion . Council Member Moore said I would like 10 go back to the question that I was trying to explore with City Attorney Brotzman a little more slowly . If there is a property that currently has a lot on it and the tenant moves out and it sits dormant for a month, can that landowner re-establish the lot dwing the moratorium? City Attorney Brotzman said no. Thal is the exception ... no . If ii is a current lot. and you go from lot to lot. and you sell your business, that is allowed. If ii is a rental, if ii is a lease, but it is continuing one group from another. But you can't let it go into a non-auto related use . Meaning it can't be empty either. Council Member Grazulis said how long can it be empty? City Attorney Brotzman said you need to sell your business, meaning it can't be empty. It cannot be empty. Mayor Bradshaw said wail a minute, I'm confused about that. Say that a different way . Counc il Member Wolosyn said when we put this on the table. ii was to mitigate impact on existing businesses. I would like 10 suggest that we either omit the go dark or lengthen ii for the existing auto dealers . Beca.ise, really. she said, it is consistent with our intent to not have expansion. Co uncil Member Nabholz said I agree. Co uncil Member Moore said I agree with Ms. Wolosyn 's statement. The primary concern is that while we study this issue, the number of lots don't grow. I certainly would be open to making an adjustment, that would basically say, if a lot was there today, that use can continue and that would be restricted in the moratorium . That would just keep the number in tocal from increasing, he said. City Attorney Brotzman said let me expand that just a little bit because, there is an example that has been presented, which is the Daewoo lot. Mayor Bradshaw said that is in the 4800 block of South Broadway. Mr. Brotzman said it, currently. is not an auto use, ii is empty. So, if you want to allow that one 10 remain that way, you would simply add a new section that would allow any property in this zone , that was an auto usc , 10 remain an auto usc . . "~ • • Ena)ewood City Council September 2, 2003 Pqe17 Council Member Garrett said I think it 's whether ... if it is a current auto use, it can continue to be an auto use. Mayor Bradshaw said right, but Daewoo is empty. Council Member Garrett said it is dark now and my queation is, if it is dark now can it resurrect itself as an auto use? Council Member Moore said so I guess that could be two possible answers. Mayor Bradshaw said yes . City Attorney Brotzman said you could either do any current auto use, or you may do any property that has been an auto use. Mayor Bradshaw said what is Council's pleasure on that? Council Member Wolosyn said this is a dicey situation, because I don't want to have us have every little lot that is empty now, and maybe 10 years ago they were selling cars, to come forward and try to resurrect. I think that maybe we should go with existing uses, she said. Mayor Bradshaw said so that would be what it is now, for six months? Council Member Wolosyn said yes, but if they go dark, after we pass this, then they could sell it to someone and they that might have a gap ... but as long as it is active today. I think we have to do that, she said. Council Member Moore said I would agree with that amendment. Mayor Bradshaw asked if Council had any other questions or comments. Discussion ensued regarding the wording of the amendment. Mayor Bradshaw asked if there was any other discussion. There was none. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDID, TO AMEND COUNCIL BILL NO. 62 BY ADDING A NEW SECTION THAT SAYS "ANY PROPERTY WITH A CURRENT AUTO RELA Tm USE MAY RETAIN THAT USE IN THE B-2 BUSI~ ZONE DISTRICT DURING THE MORATORIUM." Council Member Garrett said this will eliminate any dark gap in that period of time . Vote results: Ayes: Nays: Motio n c arried . Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchic k, Grazulis, Bradshaw None Vote results on the motion to approve Apada Item 11 (b) (I) -Condi 8W No. 62, • aanded: Motion c arried . Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: No ne (c) Resolutions and Motions The re were no resolutions o r motions submitted for a pproval. 12 . Genenl DIKuuion • ' .. • • Enalewood City Coundl September 2, 2003 Page 18 (a} Mayor's Choice Mayor Bradshaw did not have any matters to bring before Council. (b) Council Members' Choice (i} Council Member Garrett : I . He said l encourage everyone to work with us, to try to come up with ways to make this work for all of us . I am glad you arc here and some people will have a lot brighter ideas than we do, so please bring them forward . 2. He said we heard a proposal that Arapahoe County has a proposed tax for Open Space on the ballot this fall. I wondered if Council would like to pass a resolution in support of that. So I raise that as a discussion point ... whether we want to pass such a resolution . Mayor Bradshaw said I think we need to. Others agreed. Council Member Garren said it is twenty-five cents per hundred dollars. Mayor Bradshaw said a quarter percent sales tax would allow $600,000.00 to come back to the City and we would have the possibility of another $300,000.00, so it is almost one million dollars . So, I think it would behoove us to endorse that. I didn't endorse it the first time around. she said . We didn't want to because there was no allocation coming back to us . They just said "we want to collect more taxes from you" and we said no. But now we have some money coming back. Council directed staff to draw up a resolution in support of the proposed tax . 3. He said the last item I have is the one the gentleman raised about derelict vehicles . I may have been under the misconception, but when we looked at the derelict vehicle issue, we had talked about it being complaint-only driven. We received a memorandum from Safety Services that suggested some of the issues surrounding that philosophy. But, that was sort of my understanding, and I didn't know whether there was a grace period, like we had with the off-leash situation, where people were given a notice or warning about what was coming down. I wondered if other Council members were under the same impression. Council Member Wolosyn said I actually have a concern that goes a little further than that. I have been thinking about it, because during our initial discussion , I remember being concerned about a lot of weird construction/buildings going up in peoples backyards and I was told no, that would not happen because we ha ve the UDC . And that is not in place yet. I really did think this was going to be complaint only, so that people could ease into becoming aware of it. Maybe we didn't make it plain enough . I thought it was mentioned several times, she said . Mr . Garrett said I didn't know whether this would be something we should discuss in another forum . Mayor Bradshaw said do we need to schedule that issue for a Study session? Council Member Yurchick said this issue has come up in Code Enforcement mectinp, particularly the question of enforcement. I mean, what is the grace period? Do they go out today and give them a ticket ? Or do they say, no. you've got six months to get up a fence or get your pad poured, or whatever? That was never really clear in the ordinance or. I think, in our direction . Co uncil Member Garrett said we might want to talk about this. They miaht need to get a fencing permit, or something like that , so if somebody wants to comply. it takes time . - ' • • Enclewood City Council September 2, 2003 Page 19 Council Member Grazulis said ii docs take time and planning and money . City Attorney Brotzman said that issue is set, again, for the next Code Enforcement meeting on the 16•. Council Member Yurchick said I think they arc kind of asking for direction from Council . Council Member Garrett said we can talk about it at the next available Study Session. Mayor Bradshaw said so we will have it on the Study Session Agenda for Septembers•, to talk about derelict vehicles . In the meantime, Mr . Maisch, if you will talk to Officer Collins back here, I think he could address some of your issues. Mr . Maisch said thank you . Mayor Bradshaw thanked him . (ii) Council Member Moore said the entryway art received recognition in the paper this weekend, as being one of the finest displays of public art in the Denver area . I just thought I would make sure everyone saw that article, he said. (iii) Council Member Nabholz : I. She said I would like to thank cvcrybody ... staff, Sergeant Collins, Community Development, everybody at RTD, Gary Scars and Olga Wolosyn, for attending the meeting last Thursday night at Bishop . It was quite well attended. It was the usual District I meeting, kind of rowdy, but everyone started calming down and I think we arc making some progress. she said, so I thank everybody that was involved. 2. She said I have had 11 calls this weekend on the Bates Logan Park . I personally went to the park three times. Saturday morning, I had a soccer dad call me at 8 a.m ., so I went up and there is no way those kids could have played soccer. I realize that we've got people saying it's wonderful, that there arc no problems. I am going to be going to the Parks and Recreation meeting, but I also discussed with Council Member Garrett that they arc looking to put up a sign. that there arc some problems going on . It is not all just great with the dog park , we've got some problems . She said a constituent let me know who owned that property back in the early 40's. Ms. Nabholz said he lives in Littleton . I spoke with him and he was leaving town . He will be back Friday afternoon or Saturday morning . But that property was designated only to be a park. He bought all the land around there, before the houses were even there. He explained that Packy Romans had come in with load after load of dirt and it did not fit in the park, so all the homes along there were flooding , so Mr . Romans had to bring in heavy equipment. He said the City spent a lot of moncy ... invcsting in that park. Mayor Bradshaw sai d that is right, that is why that soccer field is a retention pond .. Ms . Nabholz said yes . So, CounciLMember Nabholz said. this is something we arc going to work on . We arc all going to work on it toge ther , but I had a lot of calls on it. 3. She said I received 9 calls from the auto dealers and I encouraged them to come tonight . 4. She saitl I received 6 calls from seniors ... 4 of them arc Englewood residents and 2 arc from Linleton ... that use the Malley Center . They arc adamantly opposed to the blue spruce tree being cut down and a statue being put up there . One lady said she called the U.S. Forrest Service and was told that no blue spruce trees larger than three and one half inches in diameter, can be cut. because it is our State tree and it i also illegal. Mayor Bradshaw said I think it is much larger than that. Ms . Nabholz said they like the tree and the y like to smell it when they go into the Center ... they really want the tree. Mayor Bradshaw asked if Counci l wanted to discuss the tree next Monday at Study Session . Council Member Nabhol z said yes t .:.. .. J • • En&lewood City CouncU September 2, 2003 Pqe20 Mayor Bradww said good job Thunday night Ms. Nabholz , I heard you were great. Council Member Nabholz said thank you . (iv) Council Member Grazulis : l . She said I just want to thank everybody who did come this evening. We will work this out. We may not like everything that is done, but we will work on it together. 2. She said I did want to perhaps boast just a tad. My 14 year old daughter went to the Stale Fair in Pueblo a couple of weeks ago and, out of 192, she took Gruel Champion Junior Dog Handler. I think IO bring that back to Englewood is pretty good . Mayor Bradshaw said you bet. Council Member Nabholz said that is excellent. Thank you, Ms. Oruulis said. (v) Council Member Wolosyn said I will be out of rown next week. 13. City Maaaaer'• Report City Manager Sears did not have any matters IO brina befOfe Council . 14 . City Attone,'1 Report City Attorney Brotzman did not have any matters IO brina before Council. ••••• Council Member Gruulil said I do have one other thin&-You know we all have to live by rules and regulationa, and just to let you know, that ~ I have to live by the rules 111d replalionl. I did DOC pt my nomination petition in on time on the 25•. IO now I will not be on tbe bllloc. -tboup I will be runnina as a writc-in. I just WIDI you all to know that. We all ba\lC ID live by rules, lbe said. IS . A~ -·- AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEmMBER 2, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: J!J~ 2. Invocation./)~ 3. Pledge of Allegiance . ~ 4 . Roll Call. dJJ '7 ~ 5. Minutes. OpPd f/-{) M;""'~ from th• R,g,I" Oty Co,001 m"""' of""'"'' 18, 2003. ~ 6 . Schedule d Visitors . (Please limit your presentation to ten minutes.) a. Dale Flowers will be present to address City Council on behalf of the South Suburban Park Foundation. b. Flood Middle School TSA Team will be present to express appreciation to City Council for the financial contribution. c. Paula Sparacin o, Ri chards Motors, will be present to speak regarding the temporary moratorium on au to-rela ted uses in the B-2 Business Zone District. d. Peter Horrigan, Just Right Motors, will be present to speak regarding the temp~rary moratorium o n auto-related uses in the B-2 Business Zone District. e. Bill Markel, Sharper Auto, will be present to speak regarding the temporary moratorium on auto-related uses in the B-2 Business Zone District. r. Bruce Ben ni on, Blu e Moon Motors, will be present to speak regarding the temporary m o ratorium on auto-related uses i n the, B-2 Business Zone District. Please no te: If you have J disability and need auxiliary aids or servicH, please notify the City of Englewood 1303-i6!-HOS ) at leas t ~8 hours mad ance of when servkH are needed . Thank you . t ... J • • Englewood City Council Agenda September 2, 2003 Page 2 g. Ken Kauffman, owner of property at 4400 South Broadway, will be present to speak regarding the temporary moratorium on auto-related uses in the B-2 Business Zone District. h. Mr. Jack Reutzel, Reutzel & Associates, 9146 East Kenyon Avenue, will be present to discuss the temporary moratorium on auto-related uses in the B-2 Business Zone District. 7. Unscheduled Visitors. IPle:ise limit your presentation to five minutes.) [::et usr ()JJ /pff{)m o,::. PA-~'-3 J 8. Communications, Proc1amations, and Appointments ~ ~£proclamation declaring September as Drug and Alcohol Recovery Month. 1 ~ l ~ rt,/ b. A proclamation declaring September as Pain Awareness Month. w S ~ c. A proclamation honoring Littleton Mayor Susan Thornton. \~\ft' 9 . Public Hearing. (None scheduled) Cl!Y) :e-- 10. Consent Agenda. a. Approval of Ordinances on First Reading. llAtul'J-() ~~"&0 ~"'1...~·~~ ~ /1)6-i 6-i~/r,ii fir,, 7~r"' i. Council Bill No. 59 au~~ntergovemmental Agreement with the cJorado Ir-.. ,J jJ,._ I ·o ~epartrnent of Transportation for construction of Big Dry Creek Bike Trail () ~ ~' improvements. (J;J=if ~:L ii. Council Bill No. 60 authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for signal improvements at Broadway and Kenyon. ii i. Counc il Bill No. 61 authorizing an Intergovernmental Agreement with Arapahoe County ior the HOME Investment Partnerships Program . (N,:/J-~ 3 iv. Council Bill No. 63 authorizing the purchase of the property at 4673 South Grant Street. The source of funds for this purchase is the Housing Rehabilitation Fund. c. Reso lutions and Motions. ,,{r' I I Regul ar genda. a. ppro al of Ordinances o n First Reading. ff Ple.ise no te: If you have a disability and need awoli.iry aids or 5ffl/lCN, pluse notify the City of Enatewoc,d 303-i'6~·2.W 5) .it lea t "'8 hou r tn .id\ance of when semces Me needed . Thri you. .. t • • ' ' (J. Englewoo d City Council Agenda Sep te mber 2, 2003 Page 3 b . Approval of ordinances on Second Reading. i. Council Bill No. 62, an emergency bill for an ordinance, enacting a tewp~r1ry 1 _ ~ moratorium on auto-relate~es in the B-2 Business Zone District ~· .f~ ~: MA-a ~RANA-A c. Resolutions and Mot1on~{\.Garr moved to amend Council Bill No. 62 by adding a new section that $ . ">\ays •any current auto related use in 8-2, can remain an auto use during the moratorium .· 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. {J;JIJ ~ The following minutes were transmitted to City Council between August 15 and 2B, 2003 : • Englewood Board of Adjustment and Appeals meeting of July 9, 2003 • Englewood Code Enforcement Advisory Committee meeting of July 16, 2003 • Englewood Plann ing and Zoning Commission meeting of August 5, 2003 • Englewood Transportation Advisory Committee meeting of July 10, 2003 ~ Agenda Item 7 -Unscheduled Visitors (a) (b) (C) (d) (e) '(f) (g ) (h) (i) (j) (k ) (I) (m) (n ) (0 ) (p) Amy Meyer -Bates-Logan off-leash park Paul Gaggini -Bates-Logan off-leash park Neal Maisch -Derelict vehicles Jill W ilson -Bates-Logan off-leash park Carol Allen • Bates-Logan off-leash park Randy Plu • Auto-related moratori um Harry Lester -Auto-related moratorium Gary Le isy • Auto-related moratori um Jon C. Cook • Auto-related moratorium Mehdi Hallaj • Auto-related moratorium Dan McCrea • Auto-related moratorium Tom Crump · Auto-related moratorium Gary T isch • Auto-related moratorium Patric k Shea • Auto-related moratorium Larry Corwin • Auto-related moratorium Peter Schram • Auto-related moratorium P1 ease note: If ou have J d1s.ib1hty and need Ju diary .itds or services. ple.ise nohfy the City of Englewood (303 · 6 2-2 40 5) a t least ~8 hour s ,n Jdvan ce of when services .i re needed . Th.ink you. • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 18, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :30 p.m . 2. Invocation The invocation was given by Council Member Nabholz. 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor BFadshaw. 4 . Roll Call Present: Absent: A quorum was present. Also present: 5 . Minutes Council Members Nabholz, Moore. Grazulis, Garrett. Wolosyn, Yurchick , Bradshaw None City Manager Scars City Attorney Brotzman Assistant City Manager Aaheny City CIC'rk Ellis Director Simpson, Community Development Senior Planner Graham, Community Development Director Eaton, Human Resources Senior Project Engineer Van Nostrand, Wastewater Treatment Plant Director Ross. Public Works Director Olson, Safety Services Direct~r Gryglewicz, Finance and Administrative Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 4, 2003. Mayor Bradshaw asked 1fthere were any corrections or comments. There were none . Vote results: Aye ,. l\lu11on amed. 6 . cheduled \'lsilors There \\Cre no .:heduleJ , 1,11or Council Members Nabholz. Moore, Garren. Wolosyn. Yurchick, Grazuli s, Bradshaw None • t .. .' • • Englewood C ity Council August 18, 2003 Page 2 7. Unscheduled Visitors (a) Carol Goodall , 3 143 West Chenango Avenue, said thank you for the opportunity to address an issue . which may concern many residents in Englewood. On July 14th of this year. a new o rdinance !>.:came effective regarding inoperable and off-road vehicles. My husband and I recently received a notice o n o ur fr o nt door. from Code Enforcement. regarding this ordinance. The notice defined an inoperable vehicle as. "a vehicle that lacks current license plates. or that cannot move under its own power. o r that is wrecked. damaged , di smantled or incompletely assembled." Vehicles, such as trailers, that cannot move under their own power are. by definition. inoperable. The notice then defines off-road vehicles as ·•includes. but is not limited to. ATV. mini-bike. dirt bike, go-cart. dune buggy. personal water craft , boat. race car and trailer, including a trailer for uny of the foregoing, and even if such trailer is properly licensed ." The notice goes o n to say that "to be in compliance, uny vehicle fitting into either of the above definitions. may not be stored on the front setback, including the driveway or carport. Any inoperable or off-road vehicle, must either be stored in a fully enclosed garage or to the rear or side of the property, providing the vehicle is on a hard surface, behind a solid fence and screened from view of the adjacent properties and public rights-of-way." Now, she said, 1 would like to read to you the definition of trailer out of the Merriam Webster Dictionary. "Trailer: a vehicle that is hauled by another." A trailer was never meant to move under it's own power, but to be pulled behind a vehicle that can move under it's own power. That is what it is designed to do. Definition of operable. out of the same dictionary, is "operable: fit . possible or desirable to use ." With the forgoing definitions in mind , an inoperable trailer. would be a trailer that is not fit, possili le o r desirable to use. For example, a trailer that has a missing tire or tires. axcls o r eve n a ronen bed, could fall under the definition of an inoperable trailer. Also, unlicensed trailers could be deemed inoperable because they can 't be used, legally, on the streets. The trailer we keep on our property, she said . is a natbed trailer that we use for many purposes . We can use it at a moments notice and it is fully o perable for its designed use. We have always kept the tags current on the trailer. We don't store junk or other vehicles on it. Our garage is a detached garage, so we have a very long driveway . It is approximately 90 feet from the front of the garage to the street. A person would have to actually be looki ng far up our driveway to even see the trailer. Our trailer is well kept and it looks nice . Tonight, 1 propose that Council amend the current definition of inoperable vehicle, to exclude trailers. She pointed o ut that. under the current definition , bicycles. scooters, roller blades, roller skates. tricycles and even wago ns would have to be included under the definition, as they arc also vehicles that cannot move under their own power. My suggestion is that you amend the definition of inoperable vehicle to include the term. inoperable trailer. which would be a trailer which is unlicensed, wrecked , damaged, dismantled, or inco mpletel y assembled . Thank you for your time in allowing me to share my concerns. she said. Ma yo r Bradshaw 1ha11ked Ms. Goodall . (b) Leisa Sacry, 3261 South Galapago Street. said 1 also work at 4101 South Bannock Street , which is the Englewood Public Schools building. 1 work for a company called Colorado Association of School Exec uti ves. We are an as soc iation for sc hool administrators around the State of Colorado. 1 rece ntl y re ce ive d , in the mail. a statement fro m the Englewood Police Department . endorsing the head tax . I bro ugh t it to my e mpl oyer. to make s ure they were aware that this is going to be coming down the pipe. if 11 is approved in November. This is going to be co ming o ut of my paycheck. she said, as well as those o f my co-workers . It come s to about $600.00. We arc a small organization of about eleven individuals . So 1 broug ht it to my Exec uti ve Director's anention. and he said . absolutely not. So 1 am just coming to let you know tha t my employer 1s no t fo r this a nd we arc in a budget crisis ourselves. To have $600.00 more come ou t of our budget is go ing to be a hardship. in a lot of ways . I already get dinged for PERA. which is a publi c ,choo l rc mement, a well as FICA. Then to have another S5 .00 o ut of my paycheck will not damage me . but 11 1s still a concern . I just wanted to bring that to your anention. Thank yo u. she said . ~la ~o r Bradshaw thanked ?,I . Sacry. ommunkatlons, Proclamations and Appointments Tnere \\ere no co mmun,c uon . pr ·lamauons o r appointment,. ' .. .. • • Englewood City Council August 18, 2003 Page 3 9 . Public Hearing No public hearing was sched uled before Council. I 0. Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II) and (Iii), 10 (b) (I), (II), (ill), (iv), (v), (vi) and (vii) AND 10 (c) (i) and (Ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 61, CNTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. (ii) COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORT A TlON FOR CONSTRUCTION OF "BIG DRY CREEK TRAIL IMPROVEMENTS" IN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF LITTLETON, COLORADO. (iii) COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORD!:iANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT THE BROADWAY /KENYON INTERSECTION, IN THE CITY OF ENGLEWOOD, COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 51, SERIES OF 2003 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE AUTHORIZ ING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO . ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE ACTIV!TlES IN THE ENTERPRISE ZONE. (ii) ORDINANCE NO. 52, SERIES OF 2003 (COUNCil. BILL NO . 52. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 15. CHAPTER I, SECTION 2. DEFINITIONS . PARAGRAPH C. OF THE ENGLEWOOD MU ICIPAL C DE 2000. TO CORRECT LANGUAGE AND PUNCT UATIO IN THE DEFINITION OF ··NUISANCE ."' t ili ) ORDIN ANCE NO . 53. SERIES OF 2003 (COUNCIL BILL NO . 54. INTROD UC ED BY CO NC!L MEMBER GARRETT) ·•· t • • Englewood City Council August 18, 2003 Page4 AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR AND CONSTRUCTION OF SIDEWALKS ON U.S. HIGHWAY 285 IN THE CITY OF ENGLEWOOD. COLORADO. (iv) ORDINANCE NO . 54. SERIES OF 2003 (COUNCIL BILL NO. 55 , INTRODUCED BY COUNCIL MEMBER YURCHICK) AN ORDINANCE APPROVING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD, COLORADO, FOR PC, INFRASTRUCTURE. AND NETWORK ANALYSIS SERVICES. (v) ORDINANCE NO. 55, SERIES OF 2003 (COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO ST ATE UNIVERSITY (CSU) FOR THE COOPERA TlVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLANDWHEAT. (vi) ORDINANCE NO. 56, SERIES OF 2003 (COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN ROCKY MOUNT AlN MOB, LLC AND THE CITY OF ENGLEWOOD. COLORADO, FOR THE LEASE OF CERT AlN PROPERTY IN THE CITY'S RIGHT -OF-WAY FOR THE FORMER GIRARD A VE. (vii) ORDINANCE NO. 57, SERIES OF 2003 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER NABHOI.Z) AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY ATIACHED AND MULTI-FAMILY RESIDENTIAL CONSTRUCTION IN THE AREA LOCATED BETWEEN WEST EV ANS AVENUE ON THE NORTH. WEST VASS AR AVENUE ON THE SOUTH, SOUTH TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST, FOR AN ADDITIONAL SIX MONTHS BUT ENDING THE MORATORIUM ON THE SUBDIVISION OF PROPERTY. (c) Resolutions and Motions (i) CONSTRUCTION CONTRACT WITH GOODLAND CONSTRUCTION. !N C ., FOR SOUTH UNIVERSITY BOULEVARD SIDEWALKS, IN THE AMOUNT OF $151,711.00. (ii) PURCHASE OF BODY ARMOR FOR THE S.W.A.T . TEAM, FROM PUBLIC SAFETY WAREHOUSE, IN THE AMOUNT OF $33,651.40. , Ma yo r Bradshaw asked if an yone want to pull an item off of the Consent Agenda . No one did. Vote results: Mo uon c arried . Ayes: Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick , Grazulis. Bradshaw Na ys: None l l . Regular Agenda (a) Approv al o f Ordinances o n First Read ing • t .. • • • Englewood City Council August 18, 2003 Page 5 (i ) Director Simpson presented a reco mmendation from the Community De velopment Department 10 adopt a bill for an ordinance authorizing the purchase of the vacant residential property al 4673 South Grant Street. He said this property has been identified 10 assist us with construction o f the new AVS house. As you know, that program is a student build process and it is a year long process. We have a contract 10 identify vacant property, so that we can build one house a year with them. We have been working very hard to try to find a property. It has been a little difficult . This, actually , is a property that is being put forward by the Englewood Housing Authority. So. we will be purchasing that property from them. taking it off their hands and building the AVS house this year. The funds arc available, he said, and they are located within the Housing Rehabilitation Fund. We will be administrating the project as we have in the past. He noted that is part of the City's contribution to the effort. Mayor Bradshaw asked if there were any questions for Director Simpson. Mayor Bradshaw ask~d Mr. Simpson if we have sold the A VS house we built this year. Mr. Simpson said no , we have not. She asked how long it has been listed. He replied since about May. Mayor Bradshaw asked if that was the house built in northwest Englewood. That was our experiment on those lots. she said, to see if a single-family house would sell. Mr. Simpson said yes, a single-family house on a large lot would sell. We can provide some feedback of what we have heard from interested panics, if you would like, at a later date . Mayor Bradshaw said I know that the year before, the Housing Authority had a horrible time trying to sell their AVS house, because by the time you added the cost of the land and then the actual materials, it ends up being very costly. I think we ended up eating $15,000.00 on that. Director Simpson said it can end up becoming a more costly property from time to time. What is contributing, a little bit, 10 the cost of the Wesley property, is the size of the property. We are including the cost of the property up there and the demolition of the old house, in addition to the new house, as you would in any instance. We arc still. somewhat, negotiating with the Housing Authority. There is a potential that it may be purchased at a slightly lower price, he said, but we will be very ~onscious of trying to put it in at a reasonal>le market rate. Mayor Bradshaw said I have a thought that I would just like to put before Council. Why couldn't the City do an AVS house one year. and lhen if it doesn't sell, then they aren't strapped with starting another projec1? Do you see what I mean'/ We could alternate with the Housing Authority every other year. I don't know if that would make sense, she said, but it seems to me, that way. the Housing Authority is c arrying that one house until it sells. We had to carry the one on Inca until...! want to say December or January of this year. before it sold. Co un c il Member Yurchick said don't we have more pr?perty on Wesley that we can build on? Mr. Si mp so n said it is not a vailable, because it is still within the moratorium area. Coun c il Member Yurchic k said I thought we were going to let the subdivision occur. Mayor Bradshaw sa id we had the o ne property ;;wner here. that one night. Mr. Simpso n said that actually, you are right. ii could occur starting now . The pro blem was the timing with AVS . We actually need to get that property started no w. Their school year started and the timing to get the foundation, is probably this week. We are lookin g to break ground. based o n your actions tonight . If you choose not to do this. he said. we will have 10 postpo ne that. C o un c il Member Wo losyn said do I understand you 10 be saying that we don "t approve this and we let the Ho usi ng A uth o rit y be the o ne s wh o give the land !his year. Mayor Bradshaw said it is not an alternative ... [ do n't kno w. but \\C have the agreement with AVS and the Housing Authority doesn't. Mr. Simpson said that 1s corr ect. Mayor Brad shaw noted thi s is a Hous ing Authority lo11ha1 they bought. It is a beautiful 101. he ,a id and actu a ll y, u wa, fo ur lots together. '.\ Ir . 1mp,on ,atd "e \\OU Id ha, c 10 go back to the Hou,mg Authom y and c heck with them before we co uld d o that. Jnd ma ke s ur e that the y are willing to take o n A VS . ' .. ,• • • Englewood City Council August 18, 2003 Page 6 Ma yo r Brad shaw said it might be too late to consider that this time, but in the future I would really like us to wo rk together o n that. It is just a th o ught . Co un ci l Member Nabho lz said I agree with you, but I also want to make s ure it is not detrimental to the AVS Program . because it is such an excellent program for the kids. Council Member Wo lo sy n said so , in the future , that would be it? Mayor Bradshaw said yes , in the future. Council Member Yurchi c k said . did you say that this was four lots? Mayor Bradshaw said this is two of four , right ? Mr. Simpson replied this is a single building lot. I think it is two lots. They ended up purchasing two building sites. This ends up being two city lots of 25 feet , so it is a 50 foot wide lot. May or Bradshaw said the house de sign is already do ne ? Mr. Simpson said yes, we worked with the A VS students this s ummer o n it already . Mayor Bradshaw said so let 's get this organized better for next year and , maybe. we could alternate programs. Council Member Grazulis said I like the location on this one, it is in my neck of the woods . Mayor Bradshaw asked if there were any other questions for Director Simpson. There were none. Mayor Brad shaw thanked Mr. Simpson . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (i) -COUNCIL BILL NO. 63. COUNCIL BILL NO . 63, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDrNANCE AlITHORIZING THE PURCHASE OF 4673 SOlITH GRANT STREET BY THE C ITY OF ENGLEWOOD, COLORADO. J Ma yo r Bradshaw asked if there were any questions or concerns . There were none . Vote results: Mo ti o n carr ied. Ayes: Nays: Council Members Nabho lz , Moore, Garrett, Wol osyn. Yurchick. Grazulis, Bradshaw None (ii) Senior Planner Graham presented a recommendation fro m the Communi ty Develo pm ent Department to adopt an emergency bill for an o rdinance e nacting a temporary moratorium on auto-related uses in the B-2 Busine ss Zone District. He said the bill before you is to approve a temporary morato rium o n aut o uses that would run until March 3. 2004. approximately six months . The affect of that wo uld be 10 sto p the es tabli shm e nt or expansion o f auto uses . The uses are listed in 16-4-1 2 (C), numbers -l. 5. 13 and 15. T he rati o nale here is that the se uses represent an encroachment o n yo ur sales tax base and precl ude oth e r uses that wo ul d prov ide re tail sy nergy and help us achieve the Council's goals fo r Broadway. By doing that. he sai d . the y are detrimental to the community. The moratorium would give us a chance to ge t in from of the Plannin g Commi ss io n. and then to Council , wi th amendments to the Unified Developme nt Code that wo uld require the se uses ro go before the Planning Commi ssion fo r a conditional u,e permit in the future. ~la)o r Bradshaw asked if there were any q ue sti o n or comm e nt s. t t • • Englewood City Council August 18, 2003 Page 7 Council Member Yurchick said I am going to vote yes on this. but I do have a problem. as we discussed in 1he Scudy Session. about singling out any one business. But . he said, I am voling yes on the assumption 1ha1 chis is going 10 help broaden the focus on under-utilized property, and not focus on one specific business. long term. So noted. Mr. Graham replied. noced . Council Member Grazulis said I concur. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. 62. COUNClL BILL NO . 62, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF SIX MONTHS. Vote results: Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (b) Approval of Ordinances on Second Reading Mayor Bradshaw stated that Agenda Items 11 (b) (i) and (ii) relate to Charter changes. One is about the publication of ordinances and the other is about removing outdated language in the City Charier. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 58, SERIES OF 2003 AND AGENDA ITEM 11 (b) (Ii) - ORDINANCE NO. 59, SERIES OF 2003. (i) ORDINANCE NO. 58. SERIES OF 2003 (COUNCU.. Bll.L NO. 34. INTRODUCED BY COUNClL MEMBER GRAZULIS) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE en ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V. SECTION 40. OF THE ENGLEWOOD HOME RULE CHARTER. Council Member Garren said I would like to make a quick comment As we discussed. what this does is it eliminaces the need to necessarily publish every ordinance in full. For example, we are looking at a fairly significant change that would amend a lot of the Code. In order 10 publish it in the newspaper. it would cost us ... ! believe it was estimated at up to $80,000.00. It seems like a 101 of money 10 spend in these economic times . So. at Council's discretion, we would have the option to either publish in full or by reference on ly. So I just wanted to make s ure people knew there was a reason why we were doing this . he said. and to clarify that. Ma yo r Bradshaw said the public would have access to full copies of anything ... 1hcy would be available at 1he Library and oth er public places . So. it wouldn 't be hidden anywhere. she said. it is just a money factor . Co uncil Member Wo losyn said , also . we aren't doing this right now. we arc placing ii on the ballot for the vo cer s to decide . fii) O RDINANCE NO . 59 , SERIES OF '.?003 (COUNCU.. Bll.L NO . 35 . TR O DUCE D BY COUNCIL MEMBER GRAZULIS ) • • .. C • Englewood Cily Council August 18, 2003 Page 8 AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENG LEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED REPEAL OF ARTI CLE X (FINANCE ADMINISTRATION), PART 111 (BONDED INDEBTEDNESS). SECTION 109 (SPECIAL OR LOCAL IMPROV EMENT DISTRICT BONDS; GENERAL BENEFITS; SPECIAL FUND). OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Bradshaw said this is to eliminate so me language in the City Charter, regarding a fund we don 't even use any more . Vote results: Ayes : Nays : Mo tion carried. Council Members Nabholz , Moore, Garren. Wolosyn, Yurchick, Grazulis, Bradshaw None (c) Resolutions and Motions (i) Director Eaton presented a recommendation from the Human Resources Department to adopt a resolution approving the salary provisions of the Collective Bargaining Agreement with the Englewood Firefighters Associatio n for 2004. Mayo r Bradshaw asked, are we correct in assuming that they came in with a zero percent increase. Ms. Eaton replied that is correct. Mayor Bradshaw asked Ms. Eaton to convey Council's thanks to them. Director Eaton said I will . COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 73, SERIES OF 2003. RESOLUTION NO. 73. SERIES OF 2003 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I , 2004 THROUGH DECEMBER 31. 2004. Vote results : Ayes : Nays : Morion carried. Council Members Nabholz. Moore . Garrett, Wolosyn, Yurchick, Grazuli s, Brads haw None (ii) Director Eamn presented a recommendation from the Human Resources Department 10 adopt a resoluuon approvi ng the sa lary prov1sii>ns of the Coll ective Bargaining Agreement wnh the Englewood Police Benefit Association fo r the years 2004 and 2005. :\layo r Brad haw sa id the Po li ce Bencfil Associati o n came m at zero percent increase. Ms. Eaton replied 1ha11> correct. Mayor Bradshaw said please convey o ur thanks 10 them. Director Eaton said I will . COV:'iC IL :\'!EMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE:\t I I (c) (ii) -RESOL TION NO. 74, SERIES OF 2003. RESOLl!TIO NO. -1 . ERIES OF 2003 \ RE OLLilON \UT! IORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEE THE [:-:GLEW D P LI E BENEFIT AS OCI TIO, ANO THE CITY OF ENGLEWOOD FO R THE \ E \RS ::!~~oo- t •• .. • • Englewood City Council August 18, 2003 Page9 Vote results: Ayes : Nays: Motion carried. Council Members Nabholz, Moore , Garrett, Wolosyn . Yurchick , Grazulis. Bradshaw None Mayo r Bradshaw thanked Ms . Eaton for all her hard work . (iii) Senior Project Engineer Van Nostrand presented a recommendation from the Littleton/Englewood Wastewater Supervisory Committee to approve, by motion, a contract with GE Energy Services. for rehabilitation of Electrical Switchgear equipment. in the amount of $197,500.00. He said the equipment was over 25 years old, and the contract would rehabilitate and rebuild the switchgear, to get them up in top notch condition again. Mayor Bradshaw asked if there were any questions for Mr . Van Nostrand . Council Member Wol os yn said just that this is one of those expenses that we split with Littleton. Mr . Van Nostrand said ye s, it is a capital expense . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH GE ENERGY SERVICES, FOR REHABILITATION OF ELECTRICAL SWITCHGEAR EQUIPMENT, IN THE AMOUNT OF $197,500.00. Moti o n carried. Ayes : Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick. Grazulis, Bradshaw Nays: None 12. General Discussion (a) Ma yo r's Choice (i) Mayor Bradshaw said I see that Mr . Young is here this evening. I want IO thank yo u and you.r guys for coming in at zero. That really means a lot to the Council and it is a statement to the ci ti zens that we arc all a family and that we will work together in times of budget crisis. So thank you very much. she said . (b) Cou nci l Members' Choice !Clerk's note: Agenda Item s 12 (b) (i) through (iv) were considered out of order.) Council Member Wolosyn aid I would like to suggest an amendment to Council Members' Choice 12 (b) (i) that we amend 11 . by changing the levy to S2 .00 a month head tax . ~ Mayor Bradshaw said I would lake to propose that we have II lit $2.50. Counc il Member Moore aid at might be helpful ,f -.e get 1111 of these out at once. if we could. Mayo r Br.idshaw asked af he was t.ilk1ng about rhc blend? Mr . Moore said we ha\'e four options 10 front of u and I "ant to mat..c ;ure that the conver,ata n as not o,crly narrow Mayor Bradshaw aid 1; that JI! right . that we put all o f them out there ? But then . ,he said. -.e need to ,'O te o n each o ne ,eparaael,. Good point Mr. M re . he aid . Council M~mber Moore aid I \\Ill ~ct tarted . for Ja u, 1 n. af I may (11 J;O<!>. at \\C pur ue Jn OPT o n!). I "o uld h~c ro ><'C us pull II down to t • • Englewood City Council August 18, 2003 Page 10 like to discuss with Council the idea of doing a combination ballot question that would lower the head tax even further and present to the voters a head tax of $2.00, but al so bring a property tax into it of a I mill levy. We arc looking at cuts in total that we will make, but we would like to supplement with some additional funding . However. cuts would still be required. The $2.50 on the head tax gets us there, but if we can do the combination, we could lower the head tax further to reduce that burden. The mill levy also will not be a significant increase that our citizens would be asked to bear, but it would get them involved in terms of being a part of this request for additional taxes, to minimize the cuts that we have to make. So, for me, I'm trying to balance between a $2.50 head tax solely, versus doing a combination question, which would be a $2.00 head tax and a I mill levy. Council Member Wolosyn asked how much is a I mill levy ... on a house valued at $200,000.00, since our average house price is SI 90,000.00. Mayor Bradshaw said, Mr. Moore, I have a concern about lumping two things like this together. I think they need to be separate. We received that memo from CML, Colorado Municipal League, and I would rather sec a ballot proposal for a head tax for a certain amount and a property tax at a certain mill , and separate them and let the citizens have a real decision, instead of putting them together. That is where I'm coming from, she said. Council Member Wolosyn said I'm there alSQ . This was a very helpful sheet that has all of the tax propositions that have been offered since TABOR passed. What wc do in our government now is we pass these ideas on to the citizens. I felt a little murky about putting three things on with the recreation, but l could justify them, because they were sort of all like things, from one departrncnL And this. I think, is d ifferent and I think people should participate in the decisions we have to make. I would be able to be out there s peaking for both, I think. on the two separate issues. Council Member Y urchick said my concern with splitting them is that wc create a situation where we get IO vote on somebody else paying all the tax and you pay no tax . You see what I'm saying? Mayor Bradshaw said that is making an assumption that the citizen would not volunteer to help out with the budget crunch. Council Member Yurchick said, well, from the correspondence I've seen, most of the citizens an: for the OPT tax and not the property tax. That is ll}Y only concern. Mayor Bradshaw said my concern is I think we say these are some ideas and which ones shall wc do and based o n what passes, then I think we make the cuts. But you prefer to have them hooked IOgether ? Co un c il Member Yurc hick said right , and everybody shares the pain a little bit. Mayo r Bradshaw said maybe we should deal with that issue now, hooking them together. Co unc il Member Moore said it looks like on a 5200,000.00 house, I mill levy would increase the property ta., about SIS.00 a year. 1\la }or Bradshaw said so what 1s Council's pleasure? Co unc il Member ab ho lz said I am not 1n favor of putting them together. Based o n all the correspondenc e I hJ ve recei ved. through personal contac ts , phone call s and lettcrs ... l'm against the OPT tax . '.\!J yo r Brads haw said so )OU arc agai nst putting the m together'! Ms. Nabholz wd ~s. '.\I Jy r Bradshaw ,aid o ~ay, Ms . Nabholz and M s . \Volo yn arc not in favor of that and I'm not in favor t' th.u . S he u,~ed C o uncil Member Grazulis for her preference . M . Grazuhs said I would rather not see them l umped to gether. Cuunc1l '.\lembc:r \ o !o yn aad o ne rea;o n I \\Ould be 1n fa,o r f 111 , "e w uld be sort of toaether ... 1f "e ,ere JI! together. but II i.«m hkc \\C Jrc not M y g ut le,el 1ns11nct 1> 1h31 I .00 1 noth1n1 and I "ould ' .. • • Englewood City Council August 18, 2003 Page 11 1hink thal would be a good thing to put on the ballot. but I feel it makes things unclear to people ... to put them together . Mayor Bradshaw said yes ... to me that says they arc the same. Council Member Grazulis said I feel a lot of people, that I've spoke to, are for the head tax. but I'm not sure how they feel about the property tax. I'd hate t!J see the head tax lose, just because of the mill levy. Because they wouldn't understand that it is only $18.00. So we need to, perhaps, get out there with more information about exactly what a mill levy would mean to them. Then maybe both would pass, she said. (iv) A resolution submitting to a vote of the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding the levy of a head tax on both the employee and the employer of all employees in the City of Englewood and the levy of a property tax , was considered . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (Iv) -WITH THE INSERTION OF $2.00 PER MONTH AND A l MILL LEVY. Mayor Bradshaw asked Council if then: was further discussion. There was none. Vote results: Ayes: Nays: Abstain: Motion defeated. Council Members Moore, Yurchick Council Members Nabholz, Wolosyn, Grazulis, Bradshaw Council Member Garrett Mayor Bradshaw said Item 12 (b) (iv) is off the table at this point. (ii) A resolution submitting to a vote of the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding the levy of a $10,000.00 per lot occupational privilege tax on automobile dealers within the City of Englewood. was considered. Mayor Bradshaw said this is a proposal we talked about. It would assess a $10.000.00 tax to people who have car lot businesses in Englewood ... putting that forward to the voters. I don't know that we have the votes. so why not move it and get it out of the way, at this point MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENQA ITEM 12 (b) (ii) AND TO INSERT THE WORDS "A LEVY OF UP TO $10,000.00 PER LOT.'' Ayes: Council Members Moore. Bradshaw Nays: Council Members Nabholz, Garren, Wolosyn, Yurchick, Grazulis Moti o n defeated. • •••• Mayor BrJdshaw said we arc now down to two items . We arc down to 12 (b) (i), which is the head UL'<. think we all agree that $5 .00 1s too muc h. Council Member\ o~yn said 1f I put an amendment out for $2.00, maybe we could vote on it and then go fro m there. nuncil ;\!ember Moore ,1-cd 1f II would be all nght w11h the Council if we dealt with the mill levy first . It m,gh1 a ffect the o p,mon o n the head Ill.'<, he said. \b~or Br:id haw and Coun ·11 Member Wolos) n said that ' a &ood point. .• • • Englewood City Council August 18 , 2003 Page 12 (iii ) A resolution submitting to a vote of the regi stered electors of the City of Englewood a questi o n on the November 4, 2003 ballot regarding the levy of a property tax, was considered. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (Ill) -RESOLUTION NO. 75, SERIES OF 2003, WITH I MILL. RESOLUTION NO. 75, SERIES OF 2003 A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO. AT THE NEXT SCHEDULED MUNICIPAL ELECTION , THE LEVY OF A PROPERTY TAX OF I MILL. Mayor Bradshaw asked for discussion. Mayor Bradshaw said I think that in the event that one passes and one doesn't, that we need to cover the same dollar amount. We need 10 make them similar, so I would go for a 1.4 mill levy. Council Member Moore said !just want to clarify something. You would go to the voters proposing a total of ... whatcver, $2.8, $2 .5 million ... across the two taxes. Mayor Bradshaw said right. Council Member Wolosyn said to the extent that any of us will be out there talking about this in the community, it is much easier for me to do it with real numbers ... I mill levy and ask people to vote for both and not look like I want you to vote for both and then we want to have more money . I would vote for I mill levy, she said. Council Member Garrett said let me make sure I understand the math, before we go too far . The proposal on the table ... the most I've heard was $2.50 for the head tax. Mayor Bradshaw said that would generate about $);5 million . Mr. Garrett said. roughly, with $100,000.00 in administrative costs built into the Sl.5 million. And the I mill levy will bring us roughly $400,000.00 and change ... somewhere in that neighborhood . Mayor Bradshaw said right, so that would be about $600,000.00, so we would really only be at $2. l million, with both of them . Council Member Wolosyn said for me. the head tax. as we have been discussing it. has never been about solving all of our fiscal problems. That is not what I am wanting to do, so I couldn't VOie that way . To me thi s has been about slowly changing the bottom line of our revenue base in this community. Mayor Bradshaw sai d my concern is, with the cuts we have proposed for the 2004 Budget, that there arc no improve ment s. This is just to keep us even. If we want 10 add things back like Safety Services, or police, o r differe nt programs for re creation or custodia l staff for new buildings we arc just opening. then we arc go ing to have to have additiona l revenue . She said that the issue with the property tax is that ifT ABOR had not passed, our mill levy assessment would be! at 8.0 mills . With TABOR constantly ratcheting down. we are now at 5 .5 mill s. What I was trying 10 do, is just ge t back some of that that TABOR hat taken away fro m us . That is what I was trying to do. Give people a real choice o n where the money comes from, she said . that 1s what I was thinking. Cuuncil Member Wolosyn said, for me. since I know we have always said that the school district , trad111 onall y. use, this as the ir fu ndin g source ... and in all probability they will have to come back ... 11' they d o n·11h1 s year, but maybe ne xt year. .. I really don't want to have people feeling that they gave IOO much thi s )ear. Ma)or Bradshaw said my concern 1s that the school district is not going for this . The school district al50 "am re so urce o fficers in their sc hools and things like that. but they want the City to carry the burden. If buth uf the ~e thin gs pa». then maybe we could put those resource officers back ,n the schools . If they d n't pa,s. \\C can 't. That ,s "here I'm comrng from. that "e need to give the cmzcns a ho,cc. She prn mc d o ut that II is o ur JO b 10 do the research and we have done the tough cut . O\\, tfpcople want to . ·". • • • Englewood City Council August 18 , 2003 Page 13 add progra ms bac k, thi s is where the y start adding them back . And , she no ted . the sc hool distric t is no t going for a mill levy increa se thi s year . Coundl Member Wo losyn said what is 1.4 mill ? Mayo r Bradshaw said about $1 million . Ms. Wol osyn sa id I mean . per househo ld . Council Member Garrell said I mill is $18 .00, so it is roughly one half more, so it would be about $9.00 more . Director Gryglewicz said yes , that is right. Mayor Bradshaw said so make it 1.5 mills and make it $27 .00. Mayor Bradshaw said so go to l.5 mills . I hear the business community saying "well, yeah the citizens are going to vote thi s in so that they can ride on our backs." I say, wait a minute , wait a minute, we have fair- minded citizens. let's put both proposals out there and let the citizens decide. The $5.00 per month head tax ... that would have cured a lot of stuff, but we aren 't going to do it. My concern is give them two ballot is sue s and let people choose. I don't feel like I can make all the decisions. We have done the culling, she said, and I think we need to put forward decent proposals. Council Member Wolosyn said in the spirit of what I said I learned from this , I'm going to agree to compromise, because we 're split and this docs show a record of putting these things out to the people . Council Member Yurchick sa id I just would like the Council to decide, first of all , the total goal. We are $3.5 million short. How much of the $3 .5 million do we want to make up? Then, he said, that impacts how we look al the head tax and how we look at the mill levy . Council Member Moore said I agree with Mr. Yurchick . The way I approach this is that we arc going to the voters with somewhat of a dollar level. We can do it with a combination of things. but I personally do n't want to go to the voters looking like we arc asking for it all . Mayor Bradshaw said we aren't. Council Member Garrett said one perspective, if the concept is to diversify ... is to raise the property tax a bit , because it is now lower than we were and actually ask for both. which then leads to Mike's question. If we approve both issue s for the ballot. which is what you would hope the Council would want to promote . what is that number? Mayo r Brad shaw said what is the number. if we get both , at 1.5 mills and a $2.00 head tax? Co uncil Member Yurc hick said my question is what docs Council want, not what docs the math work out at the different le ve ls. Mayo r Bradshaw said yo u just asked for the math . Mr. Yurchick said no , I didn 't. I aske d at what level, does the Counci l want to fund . the S3.5 milli o n short fall. Do we want to do $1.2 million? If we do $1.2 million , than we fig ure 1.5 mill le vy, which is $600,000.00. So we back into the other $600,000.00 o n the head tax. he said, and then decide what the head tax is going to be . Mayor Brad ha w said my concern is that ever since I got o n Council. I said wc have to diversify the revenue st ream . All right. now what docs Council want to add back in ·? We all looked at that list. of the different things that we re being hit , when we started with the Safety Services Department. And I don 't think any one of us thought that was a good way to do busi ness. but given the constraints of no additional re,enue so urces. no d1vers1fica11on of revenue sources comin g in. then those were the cuts we had to make 10 break even . Now. what this 1s doing is. this 1s inc rea si ng our Fund Balance, that is scari ly low. We ho uld have tv.o months in reserve. Do we have a month ? Director Gryglewicz sa id yes. the budget right now 1~ looking j( about one month. which would be about 8 percent . Mayor Bradshaw said if wc would ha,e a ny maJor thing happen . "'e would be in trouble. We coul d say we arc pumng these in reserve . My ~o ncern I that \\e ha,e 10 diversify 1he revenue stream ... we ha,c to. Now wi th these dollar amount s. we jre ,1111 going 10 be culling. ln,tead ofcuning J whole ... 1fune pa,ses we will cut two-third,. 1fboth pas l\c '"" u ni) ~ut o ne-third . Tho care the numbers I wa loo king at. she ,aid. Coun~1l ~lcmber Yurc h1ck aid. so ~ou set both o l them Jt roughly j I .:! milli o n level . t ... • • Englewood City Council August 18, 2003 Page U Mayor Brads haw said the $2.00 head tax is$ I milli on. (J Council Member Yurchick sai d , in following her logic . if one passes. that covers one-third of the shortfall and if the o ther o ne pa sses, !hat covers !he other third . so that means roughly, $1.2 million each. So that, he said, is why I want to know what level Council wants. What is Council's target? Mayor Bradshaw said what I was looking at was, if we would go with a $2.50 head tax and then I had a 2.2 mill idea, too. Do you see what lam trying to do'/ Yes . we are cutting budgets. but I'm still concerned that o ur fund balance is very, very low. The school district maintains a 25 percent fund balance. That is three mo nth s. Being a full service city. l think we owe it to our citizens to have that type of fund balance. We also have a mill ion dollars that we can't touch for any reason. because of TABOR. That has to sit out there. If we use it, we have 90 days to pay it back . So why use it . ltjust has to sit there. lt is up to Council. s he said. and l need to just quit talking and listen. Council Member Yurchick said, but this money isn't being earmarked to increase the fund balance. Mayor Bradshaw said I think the head tax s hould go to Safety Services, because that is something that the businesses rely heavily on. I could see the property tax going to resource officers or things like that for the sc hool s, c ustodial or other city services. Co uncil Member Wolosyn sai d that is getting a little precise. Mayor Bradshaw said he asked for precise. Counci l Member Yurchick said I didn't ask exactly where the money was going to go, I just wanted to know what part o f the S3.5 million the Council was willing to try to make up with taxes. Mayor Bradshaw asked how much a $2.50 head tax would reduce the deficit. Director Gryglewicz said about $1.2 million. The cuts right now are looking at about $3 .5 million, he said, so there would be s ignificant expenditure cuts. even with this. Ma yo r Bradshaw said and 1.5 mills is ho w much ? Mr . Gryglewicz replied 1.5 mills would be about $627 .000.00. Council Member Garrett said $2.50 would be closer to $1.4 million, if $5.00 equals $2.8 million. so it would be half. Director Gryglewicz sa id we have calculated it based o n 22,000 employees at $1,320,000.00 and you wo uld probably need about $ I 00.000.00 o r le ss to admini ster that, so you would net about $1.2 million. Mayor Brads haw said. well. th ese are guesses anyway. So what is Council's pleasure? We have a motion o n the table for l m,11 property tax . Co uncil Member Yurchick said what about the s unset prov isio n? We have talked about that in the past . Do we want to s un set 1h1 s or are we goi ng to put it on there forever? lt is my understanding, and correc t me ,f I have the numbers wrong, but at the end of2007 we start getting the property tax back from the EURA d1>trtc1. Ci ty Manager Sears sai d that Mr. Gryglewicz and l have talked about it and City Attorney Bro tzman can Jump m here too. because l know he is invol ved with the legality of when that happens . Bui that 1\111 occur. approximately. in the middle of 2007. That is when that money comes back and it is J ppro <1ma1cly S800.000.00 in sa les tax. c urrently. a nd about Sl.2 millio n of property w . Is that correct. Franl.! Direct r Gryglew1c z ,aid \\e ;ire no t exact ly s ure right now . We are working with the trustee as to when 1ha 1 tax mcrl!meni \\tll <!nd . But. 11e are proposing right now that the entire increment ends tn 1007 . And 1f 1ha1 d,ie, happen . he sa,d. we will coll ect about the month, of sales tax from the increment Jt that time. but he pro pert y ,a~ will not be c o lle tcd unit! the followi ng ye ar. ,. • • Englewood City Council August 18, 2003 Page 15 Council Member Yurchick said in four or five years, we would be looking at roughly $2 million in additional revenues. Director Gryg lcwicz said no . In 2003 the property tax total paid to the trustee was about $962,000.00 and a portion o f that wo uld come back to the City. probably in 2008 . And. Council Member Yurchick said, $800,000.00 in sales tax . Director Gryglcwicz said the sales tax, for 2002 ... for the full year. was about $943,000.00. Mr. Yurchick said ... so $1.8 million, total. Council Member Wolosyn said so you arc saying that is the amount of property tax that would have come to the City and would not be going to the County? Director Gryglcwicz said it is going to the trustee to pay bond holders for the bonds. Ms . Wolosyn said there is a portion of it still going to the County as it always should? Mr. Gryglcwicz said the County collects it and then it is forwarded to the trustee. Council Member Wolosyn said my question is ... only a portion of the property tax goes to EURA. the bond holders, is that right? Director Gryglewicz said the entire levy goes to the bond holders, but the City's portion is the $962,000.00. Ms Wolosyn said that was my question, thank you . Council Member Yurchick said with the sunset provision. in five years we have $1.8 million in new revenues coming to the City. Mayor Bradshaw said that is in 2003 dollars. Mr. Yurchick said who knows what it is going to be in 2007 ... assuming everything remains the same. Mayo r Bradshaw asked if Mr. Yurchick wanted to put a sunset provision on the property tax. Mr. Yurchick said maybe on both of them . Mayor Bradshaw said a call for the question would get us to make a decision one way or another. Council Member Wolosyn said I would sunset it on the property taX . Using the same argument. .. that we are trying to diversify ... I wouldn 't do it on the $2 .00 head tax. Mayor Bradshaw said I would put it on the property tax. because it's tapping into the schools. COUNCIL MEMBER YURCHlCK MOVED, AND IT WAS SECONDED, TO AMEND AGENDA ITEM 12 (b) (111) WITH A FIVE YEAR SUNSET CLAUSE ON THE PROPERTY TAX. Ayes : Council Members Wolosyn, Yun:hick, Grazulis Nays : Council Members Nabholz. Moore. Garrett, Bradshaw Motion defeated . MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND AGENDA ITEM 12 (b) (iii) TO 1.5 MILLS. Ayes : Nays: Motion defeated. Mayor Bradshaw Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis Vole results on tbe motion lo approve Agenda llem 12 (b) (ill)-Resolution No. 75, Serles or2003, wltb I Mill: Ayes: Nays : Mo uo n carried. Council Members Moore. Garren, Wc losyn. Grazulis. Bradshaw Counci l MemlY,rs Nabholz. Yurchick (il A rcsoluuon submitting to a vote of the registered electors of the City of Englewood a que u o n o n the ovcmbcr -4 . ~003 ballot rcgardmg the levy of a five dollar per month head tax on both the emplo}ee and the employer of all employees in the Cit~ oi Englewood. WllS considered . Englewood City Council August 18, 2003 Page 16 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 12 (b) (I) -RESOLUTION NO. 76, SERIES OF 2003, WITH A $2.00 PER :VIONTH HEAD TAX. RESOLUTION NO. 76. SERIES OF 2003 A RESOLUTION SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD. COLORADO, AT THE NEXT SCHEDULED MUNICIPAL ELECTION, THE LEVY OF A TWO-DOLLAR-PER-MONTH HEAD TAX ON BOTH THE EMPLOYEE AND THE EMPLOYER OF ALL EMPLOYEES IN THE CITY OF ENGLEWOOD. Mayor Bradshaw asked if there was any discussion. Mayor Bradshaw asked if there was an amendment for a sunset provision . There was none. Mayor Bradshaw said I will be voting against this , because I think $2.00 is too low. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND AGENDA ITEM 12 (b) (I) TO A $2.50 PER MONTH HEAD TAX. Mayo r Bradshaw noted this is $2.50 for the employee and $2.50 for the employer. Vote results: Ayes : Nays : Abstain : Motion defeated . Mayor Bradshaw Council Members Nabholz, Moore, Wolosyn, Yurcbick, GrazuJis Council Member Garren Vote results on the motion to approve Agenda Item 12 (b) (I) -Resolution No. 76, Serles of 2003, with a $2.00 per month bead tax: Ma yo r Brad shaw said thi s is a $2.00 head tax on both employee and employer. Mayor Bradshaw said, in light of the fact that r want to win one of these, I will vote in favor of this one. Vote results: Ayes: Na ys: Abs1ain : Mo tion carried . Council Members Moore. Wolosyn, Grazulis , Bradshaw Council Members Nabholz . Yurchick Council Member Garrett Ma yo r Brad shaw said $2 .00 per month head tax will be o n the ballot, as well as a I mill levy . Coun cil. .. good process. she said. and thanks for yo ur patience in working through this . (v) Council Member Wo losyn said I think 1 have heard three issues about in o perable vehicle ticket s and I was under the impression. when we vo ted on that . that it would be enforced by complaint onl y. I am won d eri ng 1f that is the case. she said . ~1a yo r Brad shaw said II is by co mplaint o nl y. 1 think , the co nversati o ns I had with people. was that they fell hke 1he y were blindsided . They didn '1 even see it corrun g. Counci l Member Wolosyn said ma ybe it is J USI a matter o f educauon . Mayo r Brad shaw said yes. II is an education process . This is one of the things ,hat came o u1 m o ur Ci 1y Suney, that we need to clean up the propenies. Co uncil ~e mber Wo losy n ,a,d no o ne has been angr y . .. .i.. ·' • . ··' f t .. • • Englewood City Council August 18, 2003 Page 17 Mayo r Bradshaw said no , people have been very kind about it. but I do think that maybe we need to send a definition of a trailer back 10 the Code Enforcement Advisory Committee. Council Member Moore said my recollection was that we specifically discussed trailers. in the context of ATVs , and whatnot. I was under the impression that a trailer was not considered an inoperable vehicle itself. City Attorney Brotzman said it is mentioned in the same ordinance with ATVs. Council Member Moore said yes, it is mentioned with respect to trailers used for ATVs . Mr. Brotzman said that is correct. Mayor Bradshaw said do we just have to clean up some language? City Attorney Brotzman said yes, it is a cleanup issue. Mayor Bradshaw said, then, we will clean up the language. City Attorney Brotzman said there are going to be several cleanup issues, as we go along . Mayor Bradshaw said then we will just take them as we hear about them. Council Member Yurchick said I would like to ask a question. If the trailer is really sitting 90 feet off the road. technically, it is in the backyard. The goal of this law was to move this stuff out of the front setback. he said , so I don't understand. Mayor Bradshaw said maybe we need to revisit Code Enforcement'? Have a little chat. Mayor Bradshaw noted we said it can't be visible from the street. Mayor Bradshaw said so we will be constantly tweaking these ordinances. Mayor Bradshaw thanked the concerned citizens in the audience for coming. If you have any questions, she said, Officer Collins is in the audience. and he would be glad to chat with you. City Manager Scars said for a point of clarification ... is this to go back to the Code Advisory Committee and then come back to Council, or is Council talking about meeting with the Code Advisory Committee? Mayo r Bradshaw replied no, this is just to go back to them and listen to some of the complaints that arc coming in and make a recommendation back to us. Co uncil Member Yurchick asked that a list of those complaints be gathered and then sent to the Code Adviso ry Committee, so they know what we arc talking about. Cit y Atto rney Brotzman said. actually , Code Enforcement itself has several issues that they need cl arificati o n on . It wa sn 't scheduled for the meeting thi s week . it is actually scheduled for the very next meet ing ne xt month , so we will compile all those and bring them to Code Enforcement next month . Mayor Bradshaw said o ka y. Ci ty Manager Sears said just as a foll o w-up . if there arc other complaints that Council docs hear about or hav e. please let us kn o w. Ma)Or Br adsha w said please let the Ci ty Manager or the C1t y An orney know o f any other phone calls )'OU r~CCl\C. (v 1) Counci l Member Yurch,ck aid I J W.! "ant 10 explain my "no " vote on the property tax. The reason I vo ted "no" o n that. ,, I tho ught the two iss ue needed 10 be presented as a package, not ,c:pararely. o. I "a n ·1 lo,in g m) min d \\hen I ,ored no. there ,~a a rc:iso n bchmd It . -~ .. , . ,. .. t • • Englewood City Council August 18, 2003 Page 18 Mayor Bradshaw said it always helps, I think, if we give the audience the reasons we arc voting different ways, instead of just voting . 13. City Manager's Report City Manager Sears did not have any maners to bring before Council. 14 . City Attorney's Report City Anorney Brotzman did not have any matters to bring before Council. • • --- •• • PUBLIC COMMENT ROSTER AGENDA ITEM 7 U.DIIIIN!LED V181TOR8 DATE: September 2, 2003 ' ,, • • September 2 , 2003 Dear Mayor Bradshaw and City Council: We represent a group of Englewood residents who would like to take this opportunity to let you know how much we enjoy and appreciate the off-leash privilege at Bates-Logan Park. The attached names were gathered informally over a couple of evenings in the park and represent only a few Englewood residents who use the off-leash park regularly. Some of us take our dogs daily. some only occasionally, but we all feel that our lives and the lives of our dogs are enriched by the experience. We have been able to tum neighbors into friends, strengthening our sense of community. In addition , we have met and befriended many Denver residents. We have watched shy, abused rescue dogs blossom into wonderful pets. Our parks are for everyone's enjoyment and we want 8\t'9ryone who uaes the park to have a safe and pleasant time there. We try to make sure all dog owners clean up after their dogs and keep them under control. People who do not like dogs or are frightened of them should not have to worry about being knocked down or jumped on. We also try to pay attention to the wear and tear on the soccer field and move the dogs to other parts of the park. Of course, we realize that not everyone follows the rules and not everyone is considerate of their fellow citizens. We try to educate thoee people as best we can in an effort to keep the off-leash experience a positive one for everybody, and have, on occasion, told an owner their dog was not off. leash material . When that fails, we can rely on our area's code enforcement officer, caro1yn Faseruk, to handle infractions calmly and fairly. We h ope the off-leash privilege can continue and pledge to work with the city to make sure it is a positive experience for everyone. T hank you for your time and consideration . Best Regards , 4:Z---- Karen Stenson 3074 S . Pennsylvania St. 303 .806.8063 GI ....t.v lt..J../h-\Jijl WIison 3061 S . Grant St. 303. 761 .8680 303.789.2074 • t • • \, • Save the Bates/Logan Off-Leash Dog Park! 11 12 13 14 15 16 17 18 19 20 • 21 22 23 24 25 • - .... \·~ . ' ... , .. 4 \ :~· • • • , • #', • . . ... ·: ... -~ ~ ~-.... \·.· .·;:· .· •,. ·1 ••. .,., ........... ··' .. : . .... . ... :· ~·' > .-.: ·.: .. ·::.:. ' \, Support the Bates/Logan Off-Leash Dog Park! 21t-----------~--------------.1---------+------------I 22 t-----------~-------------1---------+------------I • 23r------------+----------~-----.._....-------4--------------i 9 Save the Bates/Logan Off-Leash Dog Park! • .... • f .... ' ,.. ' . ' . . . ' Slan the aa11t1an • 1te1a maintain the otr.,._,, doa-* at •-• ---Pllrlr In -CO. • \, NAME _...._ ' ·~ .~~·· -.. .,,, · CffY t>..·. ~c, .5J,,,;,rJ#;r -/ ) ' ,< In, c;/~ ,,1,,1.1111"; /'A""' l'f..'(() j, f"'r,;,,,,.. t ·~ibtJ . . STATE co ro In ' ( ------------------------------------10 1-----------------------------------11-----------+---------------11---------+--~ 121-----------+--------------1---------+--~ 131-----------+--------------i----------+--~ 14 ----------------------------------- 5 ---------------------------------- 6 i------------------------------------ 7 1-----------------------------------81-----------+---------------11---------+--~ 91-----------+---------------11---------+--~ 20 1-----------+--------------,-1----------+--~ 21 t----------=---+--------------+----------41------1 22 t-----------+--------------1----------+--~ 23 i------------+--------------+--------+-----1 2~i------------+---------------+--------+-----! 25 ,__ ______________________________ ........ _~ ' • On-Line Petition: SAVE THE BATES/LOGAN OFF-LEASH DOG PARK Petition Start Date: 06/13/2003 Total On-Line Signatures as of August 25, 2003: 36 Location: http://www.thePetitionSite.com/takeaction/4 78853808 Petition Administrator: Amy Meyer, 300 E Yale Ave, Englewood, CO 80110, 303.789.2074 Bates/Logan Dog Owner Group (DOG) is concerned with preserving a privilege we and our canine companions greatly respect and appreciate. This Englewood park is a wonderful neighborhood place where we can recreate with our dogs off-leash. Bates/Logan DOG is dedicated to working with our fellow residents and the City of Englewood to maintain this benefit. We will continue to educate dog owners on the importance of responsible dog owner behavior, including dog obedience and cleaning up after your dog. Englewood (City) US (Country) 06-13-03 (Date of signature) Amy (First Name) Meyer (Last Name) 1 (Signature number) CO (State) 13 :52 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Jill (First Name) Wilson (Last Name) 2 (Signature number) CO (State) 14 : 17 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) englewood (City) US (Country) 06-13-03 (Date of signature) rob (First Name) marshall (Last Name) 3 (Signature number) CO (State) 14 :5 7 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Rhonda (First Name) Wiilcox (Last Name) 4 (Signature number) CO (S!ate) 15:56 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Jane (First Name) Coleman (Last Name) 5 (Signature number) CO (State) 16:38 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) Off leash parks are vital to the health of the community, young people, elders and their dogs! Bates-Logan is a good example of the variety of people socializing to use the park and succeeding! (Comments) Denver (City) US (Country) 06-13-03 (Date of signature) Field C. (First Name) Benton (Last Name) 6 (Signature number) CO (State) 17 :2 2 pm (Time of signature) 80220 (Zip/Postal Code) NO (Are you and Englewood resident?) l visit this park with my dog each Saturday & Sunday morning. Those who are there with their dogs treat the park very well --and are most conscientious in keeping it clean, picking up dog droppings, and supervising their dogs at play. We have made an effort to deal constructively with the concerns of any neighbors expressed to us . (Comments) Englewood (City) US (Country) _96-13-03 (Date of signature) Mike (First Name) Newman (Last Name) 7 (Signature number) CO (State) 19 :33 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) Keep Bates-Logan open for off-leash. It is a great pulic resource! (Comments) Englewood (City) (Country) 06-13-03 (Date of signature) ,. t • • Laurie (First Name) Roulston (Last Name) 8 (Signature number) CO (State) 19:54 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) What makes Englewood special is the small community, where its citizen can still play ball in the parks with their dogs. (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Patricia (First Name) Crowley (Last Name) 9 (Signature number) CO (State) 20:20 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Simon (First Name) Shupp (Last Name) 10 (Signature number) CO (State) 20:21 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-13-03 (Date of signature) Cris (First Name) Radie (Last Name) 11 (Signature number) CO (State) 22:06 pm (Time of signature) 80110 (Zip/Postal Code) YES . (Are you and Englewood resident?) I strongly support the establishment and maintainence of the wonderful off-leash parks in Englewood. (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Cindy (First Name) Scott (Last Name) • • 12 (Signature number) CO (State) 05:21 am (Time of signature) 801 IO (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Wendy (First Name) Seeger (Last Name) 13 (Signature number) CO (State) 06:44 am (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) I moved from Seattle, where the off-leash parks are plentiful -and like playgrounds for dogs. But I've never met a more respectful group of dog owners than I have at Bates-Logan. (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Deanne (First Name) Fisher (Last Name) 14 (Signature number) CO (State) 09:13 am (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) Please consider keeping our off-lea">h dog parks in Englewood. It's very important to the RESPONSIBLE pet owners and their pets. (Comments) Englewood (City) US (Country) 06-14-0J (Date of signature) Gage (First Name) Fisher (Last Name) 15 (Signature number) CO (State) 09:23 am (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) Please save my park!! (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Fred (First Name) Fisher (Last Name) 16 (Signature number) 0 (State ) • • . 09:2.6 am (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Sandra (First Name) Davis (Last Name) 17 (Signature number) CO (State) 12:50 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) Robert (First Name) Davis (Last Name) 18 (Signature number) CO(State) 12:52 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-14-03 (Date of signature) LaQuita Mullings (First Name) Mykelbust (Last Name) 19 (Signature number) CO (State) 20:08 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) My famil}:', dogs and I enjoy our time at the park and allowing our dogs off leash to play is what allows us to enjoy it so much. (Comments) Littleton (City) US (Country) 06-14-03 (Date of signature) Laurie (First Name) Godshall (Last Name) 20 ( ignaturc number) CO(State) 20: 12 pm (Time of signature) 80123 (Zip/Postal Code) o, but I service clients in Englewood (pct sitter) and use the off leash parks. (Are you and Enalewood . resident?) (Comments) ENGLEWOOD (City) US (Country) 06-15-03 (Date of signature) ROSALYN (First Name) CASS (Last Name) 21 (Signature number) CO (State) 08: 18 am (Time of signature) 80110 (Zip/Postal Code) YES (Are you and Englewood resident?) (Comments) englewood (City) US (Country) 06-15-03 (Date of signature) diane (First Name) theobald (Last Name) 22 (Signature number) CO(State) 16:16 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) I think it is wonderful having off-lesh dog parks and being able to watch all the dogs play. It's a great way to exercise and socialize the dogs. (Comments) englewood (City) US (Country) 06-16-03 (Date of signature) Ed . (First Name) Fernandez (Last Name) 23 (Signature number) CO (State) 08:53 am (Time of signature) 80110 (Zip/Postal Code) yes . (Are you and Englewood resident?) Please help keep this park as an "Off-leash" dog park. (Comments) Englewood (City) US (Country) 06-16-03 (Date of signature) Alice (First Name) Hanna (Last Name) 24 (Signature number) CO (State) 21 :09 pm (Time of signature) 80110 (Zip/Postal Code) Yes . (Are you and Englewood resident?) Off leash parks are essential to dog sociali7.ation . Please keep Baaes/1..opn an off leash JWk . One of the problems is that Denver continues not to have off leash parks, which pushes many Denver raidenll 1o have IO .. • • .come to Bates/Logan for their dogs to socialize. More off leash dog parks in Denver means less dogs at Bates/Logan and therefore may lead to a more managable situation! (Comments) Englewood (City) US (Country) 06-16-03 (Date of signature) Kandi (First Name) Bilisoly (Last Name) 25 (Signature number) CO (State) 21:14 pm (Time of signature) 80 I IO (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-17-03 (Date of signature) Jeri (First Name) Masze (Last Name) 26 (Signature number) CO (State) 19:28 pm (Time of signature) 80110 (Zip/Postal Code) YES (Are you and Englewood resident?) (Comments) englewood (City) US (Country) 06-18-03 (Date of signature) Tim (First Name) 1 Lorman (Last Name) 27 (Signature number) CO (State) 10:48 am (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) Please keep the park as an off-lease park! (Comments) Denver (City) US (Country) 06-18-03 (Date of signature) Melissa (First Name) Iannucci (Last Name) 28 (Signature number) CO (State) 20 :39 pm (Time of signature) 80210 (Zip/Postal Code) No -Denver (Are you and Englewood resident?) (Comments) Englewood (City) ,, t • • · . US (Country) 06-i 9-03 (Date of signature) Stephanie (First Name) Embertson (Last Name) 29 (Signature number) CO (State) 05 :37 am (Time of signature) 80113 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-19-03 (Date of signature) Jeff(First Name) Sayler (Last Name) 30 (Signature number) CO (State) 05:45 am (Time of signature) 80113 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-19-03 (Date of signature) Stephanie (First Name) Embertson (Last Name) 31 (Signature number) CO (State) 05 :47 am (T ime of signature) 80113 (Zip/Postal Code) yes ( Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-19-03 (Date of signature) Brandon (First Name) Surleta (Last Name) 32 (Signature number) CO (State) 05 :49 am (Time of signature) 80113 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comm e nts) Englewood (Cit y) S (Coun try) 06-20-03 (Date of signature) Todd (First Name) Fahne tock (Last Name) 33 (Signature number) CO (State) 13 :02 pm (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 06-21-03 (Date of signature) Tanya (First Name) Carwyn (Last Name) 34 (Signature number) CO (State) 06:14 am (Time of signature) 80110 (Zip/Postal Code) Yes (Are you and Englewood resident?) (Comments) engJewood (City) US (Country) 06-21-03 (Date of signature) Tony (First Name) Pena (Last Name) 35 (Signature number) CO (State) 15 :08 pm (Time of signature) 80110 (Zip/Postal Code) yes (Are you and Englewood resident?) (Comments) Englewood (City) US (Country) 07-02-03 (Date of signature) Christy (First Name) McGuire (Last Name) 36 (Signature number) CO (State) 2 r :2 4 pm (Time of signature) 80110 (Zip/Postal Code) (J yes (Are you and Englewood resident?) Off leash parks are very important to our animals, it gives them a chance to get the REAL exercise they need. It would be cruel and imhumane to the animals to take this away from them! Please think about this! Animals have so much love for humans, we should show them some too! (Comments) ,. ' .. ,• ; . .. • • ·• • • 1 tJ • ~ ----)" '.1-.__) ·Support the Bates/Logan Off- Leash Dog Park! •••••• Bates/Logan ~·~·~· (Dog Owner Group) and off-leash dog park users are looking for support in maintaining the off-leash privilege we and our canine companions greatly respect and enjoy. This Englewood park is a wonderful neighborhood place where we can recreate with our dogs off-leash. Bates/Logan *~·~· is dedicated to working with our fellow residents and the City of Englewood to maintain this benefit, which is reviewed by the City every 6 months. We will continue to educate dog owners on the importance of responsible dog owner behavior, including dog obedience and cleaning up after your dog. Here's how you can help: 1 ) Sign the petition in person or on-line : http ://www. thepetitionsite . com/takeaction/4 78853808 2) Follow the rules of the park -Be a-respectful , responsible park user. 3) Represent ~·1·1"· at Englewood City Council and Code Enforcement Committee Meetings http ://www .ci .englewood .co .us/ .. ' .... . • • • BY AUTHORITY smuES OF 2003 ·• • COUNCIL BlL L NO. S9 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF "BIG DRY CREEK TRAIL IMPROVEMENTS" IN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF LITTLETON, COLORADO . WHEREAS , the Big Dry Creek Trail System is an ongoing multi-jurisdictional project ; and WHEREAS, installation of a bike trail at this location ir desirable for the safety and convenience of pedestrians and bicyclists; and WHEREAS, City Council applied to Denver Regional Council of Governments (DRCOG) to include this project in the Transponation Improvement Program (TIP); and WHEREAS , DRCOG agreed to include the project for funding in 2003; and WHEREAS, the Federal share for this project is $600,000 and the City of Englewood's share would be $45,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council for the City of Englewood, Colorado, hereby approves the Transportation Enhancement Conttact between The Colondo Department of Transportation and the Cities of Englewood and Littleton, Slate of Colorado, for "PROJECT STE M39S-009 , (14S32) REGION6/(JP), a copy of which is available at the office of the City Clerk of Englewood. Section 2. The Mayor is authorized to sign and the City Clerk to attest the Transportation Enhancement Conttact for and on behalf of the City of Englewood, Colondo. a copy of which contract is available in the City Clerk's office . Introduced, read in full and passed on first readina on the 18th day of Aupst. 2003 . Published as a Bill for an Ordinance on the 22nd day of Aupst. 2003 . -1- .b.i ' • • . ~ Read by title and pmed on final reading on the 2• day of September, 2003 . Published by title u Ordinance No .__, Series of 2003 , oo tbe ~ day of Sept mber, 2003 . AlTEST: Beverly J. Bradabaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Enalewooci, Colorado, hereby certify that tbe above and foreaom, is a true copy of tbe Ordinance paaed oa final reading and published by title u Ordinance No.___, Series of 2003. Loucriahia A. Ellis -2- • • ~NO._ SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 60 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN AGREEMENT WITH 11IE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN OF TRAFFIC SIGNAL IMPROVEMENTS AT 11IE BROADWAY/KENYON INTERSECTION, IN 11IE CITY OF ENGLEWOOD, COLORADO . WHEREAS, traffic signal improvements at the location of Broadway/ Kenyon intersection are desirable for the safety of motorists and pedestrians; and WHEREAS, City Staff applied to Colorado Department ofTransportation (COOT) to include this project in the Federal Hazard Elimination Program; and WHEREAS, COOT agreed to include the design of the project in the 2003 Transportation Improvement Project (TIP) for funding in 2003 and the conatruction in the 2004 TIP; and WHEREAS, the Federel share for the design of the project is $12,178 and the City of Englewood's share would be $2,822. NOW, THEREFORE, BE IT ORDAINED BY 1llE CITY COUNCIL OF 1llE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council for the City of Englewood, Colorado, hereby approves the Transportation Enhancement Contract between the Colorado Department of Transportation and the City of Englewood, State of Colorado for "PROJECT STE M39S-007 ,( 14393) REGI0N6/(JP), a copy of which is available at the office of the City Clerk of Englewood. Section 2. The Mayor is authorized to sign and the City C1'rtt to attest the Transportation Enhancement Contract for and on behalf of the City of Englewood, Colorado, a copy of which contract is available in the office of the City Clerk. Introduced, read in full and passed on first readina on the 18th day of Auaust, 2003 . Publi shed as a Bill for an Ordinance on the 22nd day of Au,ust. 200~. Read by title and passed on final readina on the 2• day of September, 2003 . -1- OU t • • Published by title u Ordinance No .___, Series of 2003, on the S"' day of September, 2003 . ATIEST: Beverly J. Bradlbaw, Mayor Loucrishia A. Ellis, City Clerk I, Lour.rishia A. Ellis, City Clerlt of tbe City of Enpwood, Colondo, lllnby C11ti1y that the above and forqoing is a true copy oftbe Onlimace PIIIICI cm fllal ........ p-'1blished by title u Ordinance No._. Series of 2003, cm tbe,. day ofS ; I 1 , 2003. -2- BY AUTHORITY COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the United States Government, through the National Affordable Housing Act of 1990, has established the Home Investment Partnerships Program and has allowed each state to elect to administer such fcdcral funds, subject to certain conditions, for decent, safe, sanitary, and affordable housing; and WHEREAS, Arapahoe County has elected to administer such federal funds; and WHEREAS, the City of Englewood has been awarded a grant ofSl00,000 to provide funding for its low and moderate income homeowners for rehabilitation of at least eight single- family, owner-occupied homes; and WHEREAS, the Englewood City Council passed Resolution 42, Series of 2003, that authorized submitting an application for the funding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Agreement for the Home Inv~ent Partnerships Program, attached hereto as Exhibit A, is hereby accepted and approved the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Section 3. The City Manager shall be authorized to further extend the Agreement for the Home Investment Partnerships Program subject to appropriation of funds . Introduced , read in full, and passed on first reading on the 18th day of August, 2003 . Published as a Bill for an Ordinance on the 22nd day of August, 2003. Read by title and passed on final reading on the 2.., day of September, 2003 . t .. .' • • 2003 . Published by title as Ordinance No._, Series of 2003, on dac,. day of September, ATTEST : Beverly J. Bndsbaw, Mayor Loucrishia A. Ellis, City Clcrtt I, Loucrishia A. Ellis, City Clcrlt of the City of Eqlewood, Colorado, hereby certify that the above and forqoing is a true copy of dac Ordinance pated on final readina and published by title as Ordinance No._, Scrica of 2003. Loucriabia A. Ellis 0 0 - EXHIBIT A SUBGRANTEEAGREEMENT FOR THE 2002 ARAPAHOE COUNTY HOME INVESTMENT PARTNERSHIPS ACT PROGRAM SUBGRANTEE: CITY OF ENGLEWOOD PROJECT: HOUSING REHABILITATION This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado (hereinafter referred to as the County), and the City of Englewood Authority (hereinafter referred to as the SubGrantee), for the conduct of a HOME Investment Partnerships Act (HOME) project. I. Purpose The primary objective of Title D of the Housina and Community Development Act of 1992, as amended, and of the HOME Investment Putncrsbips Fund under this Title is to expand the supply of decent, safe, sanitary and affordable housing. primarily for low and moderate income persons. II. Work to be Completed by die S.bGrutee The SubGrantee will utilize HOME Invcsttnent Partnerships Act funding to provide below market interest rate loans to income eligible Ena)ewood homeowners for a variety of home improvements. A . Payment and Costs It is expressly agreed and understood that the amount to be paid by the County under this Agreement shall nol exceed SI00,000.00. Drawdowns for the payment of eligible expenses shall be made apimt the line item budgets specified in the Project Budget and in accordance with performance criteria established in Section 0-C. The S ubGrantcc may proceed to draw project costs upon receipt of a Notice to Proceed from the County. which shall be contingent upon completion of the required environmental review process identi fied in Section m. and receipt of any necessary Release of Funds from the U.S . Department of Housing and Urban Development. The parties expressly recognize that the SubGrantee is to be paid with HOME funds recei cd from the federal government, and that the obligation of the County to make payment to SubGrantee is contin1ent upon receipt of such funds. In the event that said funds, or any pan thereo f, u-c, or become, unavailable, then the County may immediately tmninaie or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any tinanc11l obhption of the C ounty to the SubGrantee beyond the current fiscal year is also continaent upon adequate funds being appropriated, budgeted and otherwise available. ' .. •' • • 0 • • B. Timeline The project is to commence and initial Joans arc to be made within six months following issuance of the project Notice to Proceed. The project will be completed and all funds expended by March 31, 2005. All applicable tenns and requirements of this SubGrantee Agreement shall remain in effect throughout the affordability period (if any) established for the project. C. Pcrfonnance Criteria The SubGrantee will provide below market interest rate Joans to eight (8) income eligible Englewood homeowners for the purpose of home improvements. Specific rehabilitation activities funded by the program may include (but are not necessarily limited to): plwnbing, electrical, ramps and other accessibility modifications, roofs, structural work. and other activities related to health, safety or code compliance. All improvements funded under this grant are to be perfonned in compliance with applicable local or industry codes and standards. D. Reporting Requirements 1. The SubGrantee must provide the County with a written report of activities within 30 days following the end of each calendar quarter (March 31, June 30, September 30, December 31 ). 2. The SubGrantee will submit a final report swnmarizing the project's activities and accomplishments by March 31, 2005. E. Lead Based Paint The SubGrantee will comply with County policies and all state and federal regulations and guidelines related to minimizing lead hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Nwnber 19. Ill. Responsibilities of the SubGrantee A. Federal Compliance: The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all provisions of the grant agreements received from the U.S . Department of Housing and Urban Development (HUD) by the County. These include , but are not limited to, compliance with the provisions of the Housing and Community Development Act of 1974 and all Rules and Regulations, guidelines and circulars promulgated by the various federal departments, agencies, administrations and commissions relating to the HOME Program. A listing of some of the applicable Jaws and regulations are as follows : 1. 24 CFR Part 92, including (but not limited to) the following provisions: • Section 92.505 Applicability of uniform administrative requiremenu ' ... • • -- 0 ·• • • • Subpart H Other Federal Requirements, which includes provisions for affirmative marketing, environmental review, displacement and relocation, labor, lead based paint, conflict of interest, and consultant activities 2. 24 CFR Parts 84 and 85; 3. Title VI of the Civil Rights Act of 1964; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974; 6. Fair housing regulations established in the Fair Housing Act, Public Law 90- 284, 11Dd Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 1973; 8. Asbestos guidelines established in CPD Notice 90-44; 9. Section 3 of the Housing and Urban Development Act of 1968; 10. Non-discrimination in employment, established by Executive Order 11246; 11. Lead based paint regulations established in 24 CFR Part 35; 12 . Audit requirements established in 0MB Circular A-133; and 13. Cost principles established in 0MB Circulars A-87 and A-122. Additionally, no employee, official, agent, or consultant of the SubGrantee shall nercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee will also not engage in a federally funded contract with any entity registered in the Lists of Parties Excluded from F edera/ Procurement or Nonprocurement Programs . B. Non-Appropriations Clause: The SubGrantee agrees that it will include in every contract it enters which relies upon HOME moneys for funding, a non-appropriations clause that will protect itself and the County from any liability or responsibility or any suit which may result from the discontinuance of HOME funding for any reason. C . Agreement Changes: No project activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Consolidated Plan by HUD, if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. D. Direct Project Supervision and Administration: The SubGrantee shall be responsible for the direct supervision and administration of its respective projects or activities. This task shall be accomplished through the use of the SubGrantcc's staff: agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to rroperty resulting from the negligent acts or errors and omissions of its staff: agents and employees. Because the SubGrantcc is responsible for the direct supervision and administration of its. projects or activities, the County shall not be liable or responsible for cost ovenuns by the SubGrantcc on any projects or activities. The County shall have no duty or obligation to provide any additional funding to the SubGrantce if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantcc. Any cost ovcmms shall be the sole responsibility of the SubGrantcc. t .. .. • • 1. The SubGrantcc agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the Co1mty. Said funds shall not be used for any non-approved purposes. 2. The SubGrantcc agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional HOME funds. E. Indemnity: To the extent allowed by law, the SubGrmtcc sbaU iodeomify and hold lwmlcss the Co1mty and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or incurred u a rault of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantcc, its officers, employees, agents, contracton or subcontractors, arising out of or in any way connected with the project or the performance of this contract. F. Insurance and Bonding: If the SubGrantcc's project involves construction activities, any Contractor it uses for said activities shall be required to provide and maintain, until final acceptance by the SubGrantcc of all work by such Contractor, the kinds and minimum amounts of insurance as follows: 1. Comprehensive General Liability in the amount of not less than $1,000,000 combined single limit Coverage is to include: a) Premises operations b) Products/completed operations c) Broad form contractual liability d) lndcpcndcnt contracton e) Broad form property damage t) Employees as additional insured g) Personal injury h) Arapahoe County and the SubGrantcc named as additional insW'cd i) Waiver of subrogation 2. Comprehensive automobile Liability in the amount of not less than $1,000,000 combined single limit for bodily injury and property damage. Coverage is to include: a) Arapahoe County and the SubGrantcc named as additional insW'cd b) Waivcrofsubrogation 3. Employers Liability and Worker's Compensation: The Contractor shall socurc and maintain employer's liability and Worker's Compcnutioo lnsunnce that will protect it against any and all claims resulting from injuries to and death of workcn cnpgcd in ~- t • .... • • work under any contract funded pursuant to this Agreement. Coverage is to include Waiver of subrogation. 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a) Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. b) The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. c) The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d) Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. The Contractor shall not commence work under any contract funded pursuant to this Agreement until he/she has submitted to the SubGrantee, and received approval thereof, certificates of insurance showing that he/she has complied with the foregoing insurance requirements. The SubGrantec shall also submit a copy of the Contractor's certificates of insurance to the County prior to commencing work. 6. Notwithstanding the provisions contained in this paragraph (G) set forth hcreinabovc, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive. The SubGrantee understands, however, that the decision to waive or modify those provisions is fully within the discretion of the County. 7. In accordance with 24 CFR Parts 84 and 85, the following bonding requirements shall apply to all projcicts exceeding the simplified acquisition threshold: a) A bid guarantee from each bidder equivalent to 5% of the bid price; b) A performance bond on the part of the Contractor for 1 OOo/o of the contract price; and c) A payment bond on the part of the contractor for lOOo/o of the contract price . G. Records : The SubGrantec shall maintain a complete set of books and records documenting its use of HOME funds and its supcrviliml llld 1'hni;1 Ilion of the project. Records are to include (but not limited to) uae of HOME funds, project eligibility, UDila · ·ty of persons assisted with HOME ,.W complimcc, as well as financial -. the project. The ' .• ! ., • • 0 0 SubGrantec shall provide full access to these books and records to the Cowity, the Secretary of HUD or his designec, the Office of Inspector :; ... ,ieral, and the General Accowiting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantec further agrees to provide the Cowity with a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement All records pertaining to the project arc to be maintained for a minimum of five years following close- out of the project (including any applicable affordability period). H. Reporting: The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the Cowtty and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion. L Timeliness: The SubGrantee will submit to the Cowity a description of the work to be performed, a budget, and a timetable delineating the length of time needed for each project phase, if applicable, through the completion of the project The SubGrantec shall comply with the timetable for completion of the project The SubGrantee understands that failure to comply with the timetable may lead to a cancellation of the project and loss of all wiexpended funds, unless the Cowity determines that there arc extenuating circumstances beyond the SubGrantee's control and that the projects will be completed within a reasonable length of time. J. Reimbursement for Expenses: The SubGrantec agrees that before the Cowity can distribute any HOME funds to it, the SubGrantec must submit to the County Housing and Community Development Services Division documentation in the form required by the Cowity which properly and fully identifies the lllDOWlt that the SubGrantec is requesting at that time. The Cowity shall have ten working days to review the request. Upon approval of the request, the Cowtty will distribute the requested funds to the SubGrantec as soon as possible. The SubGrantee may not request the disbursancnt of funds wttil they arc needed for payment of eligible expenses. The amount of each request must be limited to the amowit needed for actual expenses incurred. K. Program Income: Program income received by the SubGrantee from loans made under this Agreement is to be retained by the SubGrantee for the purpose of providing further housing rehabilitation loans or grants. After the cumulative amowit of funding provided under this Agreement has been recycled in its entirety one time, the SubGrantee may retain all future revenue . Should the SubGrantee's Housing Rehabilitation program close before the SubGrantee has recycled the entire amowit of funding provided under this Agreement, the SubGrantee will continue remitting program income to the County wttil the cumulative amount of funding has been returned or recycled. L. State and County Law Compliance: All responsibilities of the SubGrantec enumerated herein shall be subject to applicable State statutes and Cowtty ordinances, resolutions, rules, and regulations . ' .. .. • • • M, Subcontracts: If subcontracts are used on the project, the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. N. Suspension or Tqmjnatjon: In accordance with 24 CFR Part 85.43, this Agreement may be suspended or terminated by the County if the SubGrantce materially fails to comply with any term of this AgreemenL In accordance with 24 CFR Part 85.44, this Agreement may also be terminated for convenience by mutual agreement of the County and the SubC'.Jr'Blltce. 0. Environmental Review: Notwithstanding any provision of this Agreement, the parties heme> agree and acknowledge that this Agn:cment does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by Arapahoe ColDlty of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on Arapahoe County's determination to proceed with, modify, or cancel the project based on the results of a subsequent environmental review. P. Disallowance; If it is determined by HUD or other federal agency that any expenditure, in whole or in part, for the SubGnmtee's project was improper, inappropriate, or ineligible for reimbursement, the SubGrantce sball reimburse the County to the filll extent of the disallowance. 0. Affordability: Housing assisted with HOME funds muat meet the aft'ordability requirements of 24 CFR Part 92.252 or 92.254, as applicable, and the SubGrantce must repay the funds if the housing does not meet the affordability requirements for the specified time perioo. R. Hpt1fipg Stapdank; Housing units assisted with HOME funds ue to meet all locally applicable housing code requirements at the time ofpurchale (homeownership and housing acquisition projects), renovation (housing rehabilitation projects). or conslruetion. When required by HOME regulations or individual program policies, assisted unita sball remain in compliance with local codes for the duration of any applicable loan or affordability period. Should the jurisdiction where the assisted housing unit is located not have any established codes, Section 8 Housing Quality Standards sball apply for bouaing rehabilitation and acquisition related projects; new housing construction projects sball comply with one of the national standards accepted by the U.S. Department of Housing and Urban Development s . Reversion of Assets: Upon expiration of the Agreement, the SubGnmtce muat lflnlfcr to the County any HOME funds on band at the time of expiralion and any ICCOUDta receivable attributable to the use of HOME funds. T. Labor Standards <Dayjs-Bacon Act}: The SubGrantce agrees to comply with fedenl labor standards in all HOME funded projects and activities. .. • • 0 . U. Unifonn Relocation Act: The SubGrantec agrees to comply with rules and guidelines of the Uniform Relocation Act, pertaining to the acquisition of real property and relocation and/or displacement of persons and/or businesses. V. Per Unit HOME Subsidy: The SubGrantec agrees to comply with federal regulations and guidelines establishing the minimum and maximum per unit subsidy limits for the HOME program. The SubGrantec also agrees that the proper number of housing units in each physical project will be designated as HOME units based on the subsidy provided by theCoW1ty. W. Affinnative Marketing: lfHOME funds under this Agreement will be used for housing rehabilitation or to assist housing facilities containing five or more HOME assisted units, the SubGrantec is to affirmatively market the facility to those persons who are least likely to apply. Persons considered least likely-to apply are those not of the same race and/or ethnicity of the majority of the residents in the area in which the program operates. X. Maximum Property Values: Properties purchased wider an Arapahoe CoW1ty HOME- funded homeownership program may not exceed 95% of the area median plU'Chase price at the time of acquisition. Homes renovated wider a County HOME-funded rehabilitation program may not have an after rehabilitation value of more than 95% of the area median purchase price. IV. Responsibilities oftbe Coanty A. Administrative Control: The Parties recognize and widc:rstand that the Cotmty will be the governmental entity required to execute all grant agreements received fiom HUD pursuant to the County's requests for HOME funds. Accordingly, the SubGrantec agrees that as to its projects or activities performed or conducted under any HOME agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monjtoring: The County's administrative obligations to the SubGrantcc pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make HOME funds available to the SubGrantec and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with HOME moneys to monitor compliance with applicable Federal law~ and regulations . C. Reporting to HUD: The County will be responsible for seeing that all necessary reports and information required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. ' .. J • • V. ExtentofAp-eement This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represc,nts the entire and intesrated agreement between the County and SubGrantee and supersedes all prior negotiations. representations or agreements, either written or oral. Any amendments to this agreement must be made in writing and be signed by both the County and SubGrantee. If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. In Witness Whereof, the Parties have caused this Agreement to be duly executed this ---- day of ____________ __, 2003. Subgrantee: City of Englewood Signature:·---------------~ Title : ----------------- Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalfofthc Board of County Commissioners Pursuant to Resolution Number 030121 ~· t • • PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ......... Adlolllol ~,...Cell., HOMS,_. Odllr ... C........ ,~.., ...... Ad,llJ Slaff' salariel llld bllldltl S,0,000 SIS,000 S35.000 • rdabililllion ia-S160,000 115.000 $75,000 l Addllianll laml nay Ill ......... ~ .......... ._ ... ,.. .. TOTAL: S210,000 SIOO.OOO $110,000 I 01'JINANCB NO._ SERIES OF 2003 BY AUTHORITY 0 . COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER GRAZUUS AN ORDINANCE AUTHORIZING THE PURCHASE OF 4673 SOUTH GRANT STREET BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood, Colorado authorized an intergovernmental agreement with Arapahoe Community College/ A VS Career and Technical School to build a single-family residence during the 2003-2004 school year by the passage of Ordinance No. 36, Series of 2003; and WHEREAS, the Englewood Housing Authority is the owner of 4673 South Grant and wishes to sell the property; and WHEREAS, the purchase of a vacant residential property located at 4673 South Grant Street will be the building site for the AVS Career and Technical School; and WHEREAS, a variety of public objectives can be accomplished with the development of this property such as: 1) Introducing home designs with a more attractive relationship with the street; 2) Developing desirable floor plans; 3) Increasing the inventory of affordable new housing for home ownership; 4) "Raising the bar" with better quality housing, hopefully pushing the private development community towards higher standards in the neighborhood; and WHEREAS, by the passage of this proposed Ordinance the Englewood City Council will authorize the purchase of 4673 South Grant Street and the Englewood Community Development Department will act in the roll of the developer providing construction funds from the Housing Rehabilitation Fund (Fund 46); and WHEREAS, a site contractor will be hired to coordinate the day-to-day building activities with A VS; and WHEREAS, the house will be sold after completion and the proceeds will be returned to the Housing Rehabilitation Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the purchase of the 4673 South Grant Street for an amount not to exceed Seventy-two Thousand Five Hundred Dollars ($72,500). -1- ' ,,• • • Section 2. The Mayor and the City Clerk are authorized hereby authori7.ed to aip and attest a contract for the purchase of 4673 South Grant Street on behalf or the City of Englewood, Colorado. Introduced, read in full, and pused OD tint reading on the 18th day or August, 2003. Publi~hed as a Bill for an Ordinance on the 22nd day of August, 2003. Read by title and passed OD final reading on the i.-• day of September, 2003. Published by title as Ordinance No. _, Series or 2003, on the S111 day or September, 2003. ATTEST: BeverlyJ.Bradabaw,Mayor Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Ena)ewood, Colondo, hereby certify that the above and foregoing ia a true copy or the Ordinance paued on final reading and published by title u Ordinance No. Series or 2003. Louc:ritbia A. B1lil -2- 0 WO. SERIES OF 2003 BY AUTIIORITY COUNCil.. BILL NO . 62 INTRODUCEDBYCOUNCil.. MEMBER WOLOSYN AN BMBllGENCY ORDINANCE BSTABUSHINO A TEMPORAllY MORATORIUM ON f THE ESTABLISHMENT OF AUTO USES IN 1tlE B-2 BUSINESS ZONE DISTRICT, FOR A .-PERIOD OP SIX MON'fflS. WHEREAS, City Council has established goals for enhancing business and economic climate within Englewood; and WHEREAS, City Council initiated the Broadway Plan 2003 supporting Plan goals of identifying strategics for revitalizing the corridor, redeveloping key nodes, supporting multiple modes of transportation, increasing retail spending, improvina opportunities for workforce housing and repositioning underused properties for redevelopment; and WHEREAS, Council has reviewed preliminary research that indicates two-thirds of the corridor contributes little directly to the City tax base; and WHEREAS, sales taxes are the single most important source of revenues that pay for essential and emergency services in Englewood; and WHEREAS, auto uses occupy a disproportionate amount ofB-2 zoned land in Englewood when market analysis indicates the supply of auto uses substantially exceeds the community demand for auto uses; and WHEREAS, auto purchasers do not pay sales tax where the vehicle is purchased; and WHEREAS, the establishment of additional auto uses or expansion of existing auto uses threatens Englewood's sales and property tax base; and WHEREAS, Englewood is proposing revisions to the Zoning Ordinance which will address these auto uses that take approximately six months to become effective; and WHEREAS, control of the zoning of these facilities is a legitimate exercise oflocal police power . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTY OF ENGLEWOOD , COLORADO , THAT : Section I . The City Council for the City of Englewood, Colorado, finds that thcR shall be a moratorium on the establishment or expansion of the followina auto related uses in the B-2 zone district : auto sales, auto leasing, auto-pawn and RV sales u described in l6+12(C). Section 2. The temporary suspension shall include changes of location by existing auto uses ; expanding the land area of existing auto uses; and re-establishment of auto uses on properties that were previously occupied by auto uses . .... .. .•. • t • ~-The provisions of this Emergency Ordinance are temporvy in nature and are intended to be replaced by subsequent legislative enactment. The temporary moratorium on the establishment or expansion of uses in the B-2 Business Zone District shall terminate at 12:01 am. on March 3, 2004. Section 4. The Englewood City Council directs City staff to develop appropriate zoning regulations to be consistent with this Emergency Ordinance and to collect information and work clotely with the Englewood community to revise 7.0lling regulations, which procect the interests of the community. Beverly J. Bndlhaw, Mayor ({"9V1ffo I ) """""' ...... aty Clat I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colondo, hereby cenify that the above and foregoing is a true copy of an Emergency Ordinuce puaed on final reading and published by title as Emergency Ordinance No.___, Series of 2003 . Loucrishia A. Ellis • • ORDINANCE NO . SERIES OF 2003 BY AUTHORITY 0 COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B-2 BUSINESS ZONE DISTRICT, FOR A PERIOD OF SIX MONTHS . WHEREAS, City Council has established goals for enhancing business and economic climate within Englewood; and WHEREAS , City Council initiated the Broadway Plan 2003 supporting Plan goals of identifying strategies for revitalizing the corridor, redeveloping key nodes, supporting multiple modes of transportation , increasing retail spending, improving opportunities for workforce housing and repositioning underused properties for redevelopment; and WHEREAS, Council has reviewed preliminary rcscan:h !hat indicates two-thirds of the corridor contributes little directly to the City tax base; and WHEREAS, sales taxes are the single most important source of revenues that pay for essential and emergency services in Englewood; and WHEREAS, auto uses occupy a disproportionate amount of B-2 zoned land in Englewood when market analysis indicates the supply of auto uses substantially exceeds the community demand for auto uses ; and WHEREAS , auto purchasers do not pay sales tax where the vehicle is purchased; and WHEREAS, the establishment of additional auto uses or expansion of existing auto uses threatens Englewood's sales and property tax base; and WHEREAS, Englewood is proposing revisions to the Zoning Ordinance which will address these auto uses that take approximately six months to become effective; and WHEREAS , control of the zoning of these facilities is a legitimate exercise of local police power . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD ,.COLORAOO, THAT : Section I . The City Council for the City of Englewood, Colorado, finds that there shall be a moratorium on the establishment or expansion of the following auto related uses in the B-2 zone district : auto sales, auto leasing, auto-pawn and RV sales as described in 16-4-12(C). Section 2. The temporary suspension shall include changes oflocation by existing auto use s; expanding the land area of existing auto uses; and re-establishment of auto uses on properties that were previously occupied by auto uses . ' .. .. ,• • • ~ ~ ~-M~,=--~£-~~~8-~ B~e District during the moratorium . Section 4 . The provisions of this Emergency Ordinance arc temporary in nature and arc intended to be replaced by subsequent legislative enactment. The temporary moratorium on the establishment or expansion of uses in the 8-2 Business Zone District shall terminate at 12 :01 a.m. on March 3, 2004 . Section S. The Englewood City Council directs City staff to develop appropriate zoning regulations to be consistent with this Emergency Ordinance and to collect information and work closely with the Englewood community to revise zoning regulations, which protect the interests of the community. Scctjonj. An emergency is hereby declared requiring immediate passage of this Ordinance by reason of inadequate land use regulations in the Zoning Ordinance. City Council hereby finds and determines that an emergency exists and that passage of the within Bill for Ordinance shall be effective upon ftna1 passage and sball be published within seven days thereof. Introduced, read in full, and passed on first reading as a Bill for an Emergency Ordinance on the 18"' day of August, 2003. Published in full as an Bill for an Emergency Ordinance on the 2rt day of August, 2003 . Read, amended, and passed as amended as an Emergency an Ordinance on the 2od day of September, 2003 . Published in full as amended as an Emergency Ordinance on the s• day of September, 2003 . Beverly J. Bnidsbaw, Mayor Attest : Loucrishia A . Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Emergency Ordinance, introduced, read in full , passed on first reading , and published in full, read in full on second reading, amended and published in full as amended as an Emergency Ordinance on the s• day of September, 2003 . Loucrishia A . Ellis ' • • - (' . '. 1. 2 . 3. 4. 5 . ·• • • f': Call to order f} .3d. I .m nvocation~ Pledge of~:;:~ Roll call present 8/ cc 'l!(h; . minutes • \ I ' .. ! t t • •· • ·• . - • • ~ .. . . L' • I •• ! ·• . ' . - • • • ·~t1u-. ,: ' ... ·• • • 1 . ~~y tri1::f-t;~ ~ urr· ~ . ~· f -. ~ .,. - • . ( . ') -. . . . ' .. . .. . . . . .. . ·• • - • • 0 ' . . , . 1 .• . . . I ! • • • • 0 • . .· .. . ' ------------ -'----- ' : . -. •. ___ -_-!, •• • ·• . • -- • • • . , ...;. ..... . ,. . :~ -.....,. -' . . --. . . ' -----. --r"' .. . • . . . . .. . ... '\. '. • . . ·• • • I• ; .. .. ------ ' • • -- • • ' ~)ff, ( /~.-.1\ll~ AGENDA FOR THE tJr , \'11"(.) REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 2, 2003 7:30 P.M. 1 . Call to order. 2. 3. Pledge o f Allegiance . 4. Rell Ca ll. 5. Minutes. Englewood Civic Center -Council Chambers 1 000 Englewood Pa rkway Englewood, CO 80110 a. Minutes from the Re gular City Council meeting of August 18, 2003 . Please I e: If you ha e J disab1hty and need .iuxdiary aids or services, please nohfy the City of Englewood (303-762 -2-1 05) at least -'8 hours 111 idvance of when services are needed. Thank you. t ... .. • • 11):.,c~uO South Broadway, will be present to speak auto-rela?) uses in the 8-2 Business Zone D istri ct. . Mr. Jack Reutzel, Re e ci , ~ Kenyon Avenue, will be present to discuss ratorium on auJo-related uses in the B-2 B siness Zone Distrk. rlftJ. _ 7. Unscheduled Visitors . (Pleas~e minutes.) 8. Communications, Proclamations, and Appointments A procl amation declaring September as Drug and Alcohol Recovery Month. roclamation declaring September as Pain Awareness Month. Puff ng. (None scheduled) /IIAIKl_ I).; o 10.ConsentAgenda. ~~/'~~,.,If."~ a. Approval of Ordinances on First Reading. ,!<JI}) UY X7II l- b . App~fOrdinances on Second Reading. /tJ V-/ - oJJtJi . (fld/1 Mii. (j2JJ Jll-i. (J2 di/:-J/2_· Council Bill No. 59 authorizing an intergovernmental Agreement with the Colorado Department of Transportation for construction of Big Dry Creek Bike Trail improvements. Council Bill No. 60 authorizing an Intergovernmental Agreement with the Colorado Department of Transportation for signal improvements at Broadway and Kenyon. Council Bill No. 61 aut.t,orizing an Intergovernmental Agreement with Arapahoe County for the HOME In vestment Partnerships Program . Council Bill No. 63 authorizing the purchase of the property at 4673 South Grant Street The source o f funds for this purchase is the Housing Rehabilitation Fund . c. Resolutions and Motions. [Y 1 I . Reg ular Agenda. a. Approval of Ordinances on First Reading. ff Please note: If you have a disability and need au,oliary aids or services, pleilSe notify the City of Englewood t303-i62 -2 .W5 ) ,1 1 least 48 hours in advance of when services are neec:IN . Thank you. • • Englewood City Council Agenda September 2, 2003 {;)-() Page 3 r ( . Council Bill No. 62, an emergency bill for an ordinance, enacting a temP.ora~~ /' b A i / J ,, ~ auto-related use~ess Zone~~ 'A/!.~~,rltffl W...p~d Molioa,~- 12 . General Discussion. a. Mayor's Choice . b. Council Members' Choice. 13 . City Manager's Report