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HomeMy WebLinkAbout2008-02-04 (Regular) Meeting Agenda PacketAGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, February 4, 2008 7:30 p.m. Englewood Civic Center -Counci l Chambers 1000 Engl=ood Parkway Englewood , CO 80110 1. Ca ll to o,der . 2. Invocation . 3. Pledge of Alleg iance . 4. Roll Call . 5. Consideration of Minutes of Previous Sess ion . a. Min utes from the Regu lar City Counc il meet ing of January 22, 2008. 6. Recogn ition of Scheduled Publ ic Comment. (P lease limit your presentation to ten minutes .) a. City Council will recognize the students who were nominated for the Metropolitan Mayors and Comm isslcners Youth Award : • Josh Beard , a 10"' Grader at Humanex Academy. • Dylan emussard, a 12"' Grader at Humanex Academy . • Stephen .,a ug herty, an 8'" Grader at Eng lewood Middle School. • Jennifer DeHe rre ra . a 10" Grader at Colorado 's Finest Alternative High School. Cody Dellaport , an 11 '" Grader at Humanex Academy . • Elizabeth Frey, a 9"' Grader at Englewood Middle School . • Gab ri ell e Garc ia, a 12tn Grader at Colorado's Finest Alternative High School. • Diane Gutierrez , an 11 th Grader at Colorado's Finest Alternative High Schoo l. Kayla Hall , a 10th Grader at Colorado 's Finest Alternat ive High School . • Christopher Hearn , an 8th Grader at Englewood Middle School. • Anna Kirkpatrick , a 9"' Grader at Colorado 's Finest Alternative High School. Nick Lennon , a 1 o"' Grader at Colorado 's Finest Alternative High School. • Clarissa Lovato, a 10"' Grader at Co lorado's Finest Alternative High School. • Elll ce Mart in, a 12tn Grader at Humanex Academy . • Tom McNutt , an 11"' Grader at Humanex Academy . • Joey Montgomery, an 8th Grade r at Englewood Middle School . Please note : If you have a disab ili ty and need aux iliary aids or serv ices , please notify the City of Englewood (303 -762 -2407) at le ast 48 hours In advance of when services are needed . Thank ou . Englewood C,ty Council Agenda February 4, 2008 Page 2 , Ashley Montoya. an 8., Gnder at Englewood Middle School. • Julia Richardson, an 11 11 Grader at Humanex Academy. , Samantha Sanchez, an 11 " Grader at Colorado's Finest Alternative High School. , Jill Scudder, an 11" Grader at Colorado's Finest Alternative H; ,h School. • Alyson Taytor, an 1111 Grader at Humanex Academy. , Maz ie Torres . a 9" Grader at Colorado's Finest Alternative High School. , Cassie Yoke , a 10111 Grader at Humanex Academy . 7. Recognition of Unscheduled PuL 1ic Comment (Please limit your presentation to five minutes. Time for unscheduled po .. 'ic comment may be hmtted to 45 minutes and ~ limited shall be continued to General Dis cu~: ion .) 8. Communications, Proclamations, and Appointments. a. A resolution reappointing Carolyn Armstrong to the Englewood Parlls and Recreation Commission. b. A resolution appointing Susan Bayless to Ke L,> Englewood Beautiful. c. A resolution reappointing Gary Bowman to the Englewood Non-Emergency Employees Retirement Board. d. A resolution appointing Mlodrag Budisa to the Englewood Board of Adjustment and Appeals. e. A resolution reappointing Nicole Kelley Bundgaard to Keep Englewood Beautiful. f. A resolution reappointing Vic Calonder to the Englewood Planning and Zoning Commission . g A resolution reappointing Laurel Dygowskl to Keep Eng lewood Beautiful. h. A resolution reappointing Brett East to Keep Englewood Beautiful. i. A resolution appointing Trish Elley to the Englewood Public Library Board. A resolution appointing Natasha Fish as a Youth Lia ison to the Englewood Cultural Ans Commission. k. A resolution appointing James Garnett to Keep Eng lewood Beautiful A resolution reappointing Julie Grazulls to the Englewood Public Library Board . m. A resolution reappointing Chuck Habenicht to the Englewood Water and Sewer Boa~d. Please note: If you have a disability and need auxTilary alds or services, please notify the City or Englewood (303-762-2407) at least 48 hours In advance of when services are neec'!d Thank u Englewood Crty Counc~ Agenda February 4, 2008 Page 3 n. A resolut ion reappointing Selwyn Hewitt to the Malley Center Trust Fund. o. A resolution appointing Steve King to the Englewof)d Plannlng and Zoning Commission . p. A resolution reappointing Chad Knoth to the Englewood Planning and Zoning Commission. q. A resolution appointing lain Lumsden lo the Englewood Pubhc Library Board. r. A resolution reappointing Holly Montague to Keep Englewood Beaut~ul. s. A resolution reappointing Ann Nabholz to the Englewood Electlon Commission, t. A resolution appointing Megan Nordlander to the Englewood Public Library Board. u. A resolution reappointing Linda Olson to Keep Englewood Beautiful. v. A resolution appointing Debbie Penn to Keep Englewood Beautiful. w. A resolution reappointing James Phelps to the Pofice Officers Pension Board . x. A resolution reappointing Tom Rothe to Keep Englewood Beautiful , y. A resolut on reapl)Ointing John W. Smith Ill to the Englewood Board of Adjustment and Appt1als . z. A resoMon reappointing Robin Weddle to the Englewood Urban Renewal Authority. aa. A resolution reappointing Jim Woodward to the Englewood Pari<s and Recreation Commission. 9. Consent Agen-:la Items. a. Approval of Ordinances on First Reading, b. Approval of Ordinances on Second Reading , I. Council Bill No. 5, approving an lntergovemmental Agreement entitled Col:>rado's WaterM'astewater Agency Response Networi< (CoWARN) Mutual Aid and Assistance Agreement between Municipal Utilities Departments to help Member Utilities Departments during emergencies. c. Resolutions and Motions , 10, Public Hearing Items. (None scheduled ,) Please note: If you have a disability and need auxiliary aids or se,vices, please notify lhe City of Englewood 303-762-2407) at least 48 hours In advance of when services are needed Thank u Englewood City Council Agenda February 4, 2008 ,,... 11 . Ordiruincr ,, Resolutions and Motions. a. Approval of Ordinances on Fl/St Reading. I. Council Bill No. 7 -Recommendation rrom the Community Development Department to adopt a Bill for an Ordinance amending the Unified Development Code by adding Hotel and Hotel , Extended Stay as permitted uses in the 1-1 , Light Industrial Zone District. Staff also requests that Counol schedule a Public Hearing fDf Tuesday, February 19, 2008 to gather public in put on th is issue. STAFF SOURCE: Mark Graham, Senior Planner. ii. Council Bill No. 8 -Recommendation frDfn the Community Development OepartmClllt to adopt a BIii fDf an Ordinance authorizlng the purchase of designated Colorado Department of Transportation surplus property and sale of same for developing a hotel. STAFF SOURCE: Mark Graham, Senior Planner. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. 12 . General Discussion . a. Mayor's Choice . b. C011ncit Members' Choice. 13. City Manager's Report. 14. C~y Attorney's Report. 15. Adjournment. The following minutes were transmitted to City Council in January, 2008. • Alliance for Commerce in Englewood Committee meeting or November 8, 2007 . • Code Enforcement Advisory Committee meeting of October 17, 2007 . • Cultural Arts Commission meeting of November 7, 2007 . • Englewood Housing Authority meetings of November 7 and December 5, 2007. • Englewood Public Library meeting or November 13, 2007. • liquor licensing Authority telephone polls of November 7 and December 5, 2007. • Planning and Zoning Commission meeting of December 4, 2007. Please note II you have a disability and need auxlllary aids or seivlces, please nobly the City of Englewood (303-762-2407 at least 48 hours In advance or when services are needed. Thank ou. Englewood City Council Agenda February 4, 2008 Page 5 • Transportation Advisory Committee meetings or September 13 , October 11 , and December 13, 2007. Please note : II you have a disability and need auxiliary aids or services , please notify lhe City of Englewood (303-762-2407 al least 48 hours In advance of when services are needed , Thank ou . • Call to Ordor ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 22, 2008 The regular meeting of lhe Englewood c,1y Counci was called lo order by Mayor Woodward al 7 .34 pm 2 Invocation The lnvocat,on was g,von by Council Member McCaslin. 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Mccaslin. 4. Roll Ca ll Presenl: Absent: Council Members Jefferson, Moore. Penn, Oakley, Mccaslin, WIison, Woodward None • A quorum was present. • Also presen1 : Clly Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ettis Fire interim Director Pattarozzi, Safety Services Director Gryglewicz, Finance and Admlnls\Jalive Services Director Fonda, Utilities Direclor Kahm, Public Works Director White, Cornmuntty Development Pol,ce Commander Watson. Safety Services Director Black, Parks and Recrealton Engineering/Cap,lal Projects Adminislrator Henderson. Public Works Rec,eation Services Manager Hultberg, Parks and Reaeallon 5 Consideration of Minutes of Previous Session (8 ) COUNCIL MEMBER JEFFERSON MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COU NCIL MEETING OF JANUARY 7, 2008. Mayor Woodward asked II !here were any changes or additions. There were none. Vote resulls: Ayes: Nays: Mo llon carrlod . Council Members Penn, McCaslln, Moore, Woodward, Jefferson, WIison, Oakley None 6 Recognition or Schedulod Public Comment Englowood City Council January 22, 2008 Pago 2 (a) Mayor Woodward said there are Ard to Other Agcncres rec,prenls present to accepl lhe City's financro l cont,obutrons for 2008 Mayor Woodward presented U,e checks to the rec,prents Betsy Schwarm accepted for Arapahoe Philharmonic She said thank you VO(y much Mike Guthrie accepted for Beacon Center. He said !hank you su, I appreciate 11. Becky Todhunter accepted for Cornerstone Food Bank She said thank you Tasha Kell accepted for Doctor's Care She said thank you Jodi Litchfield and Linda Torres accep led for EHS Aller Prom , Mayor Woodward said Jodi Is also a very wonderful chaperon , If needed She said thank yoll. Janet Moore accepted for Englewood Cultural Arts Associatoo She s3J<I thank you There was no one to accept for Food Bank of the Rockies. Mayor Woodward said we wrll see that they get th,s Patrice Nelson accepted for Gateway Sheller. She said thank you. Came Chnstensen accepted for Hosprce of Metro Denve< She sard thank you Sondra Blythe-Perry accepted for lnte<-Fa1lh Task Force She said thank you Thero was no one to accept for Lrvlng Branch Food Bank. Mayor Woodward said we wi ll gel this lo lhem . RhOnda Hackett accepted for Meals on Wheels. She said thank you The<o was no one to accept for Metro Mayors and Commrssooers Youth Awards Mayor Woodward said I wrll see lhal County Commissioner Beckman gets this tomorrow. Mark DeHaven accepted for Specral Olympics The children who auended with him came forward He said they are all in drffe<enoo uniforms. Beth is one of our gals t',at 1ust came back, In October, from the World Games rn Chrna • Ho said thank you Eric 8ertoluzzI accopled for Up Close and Musical. He said lhJnk you 7. Rocognltlon of Unscheduled Public Comment (a) Doug Cohn, an Englewood resident, said one ol lhe classic stories rn Western Crv~1zation was wntton by Homer. II was calli!d the Odyssey and the marn character is Ulysses. Al one po,nl during the sea journey. the ship needed to sari by the Island inhabited by tho sirens. The srrons sang sweet and rrresrstible songs ll1a1 prom ised wisdom. riches , glory and fame to those who would Just hsten. All that travelers needed lo do was stop at the Island. The siren sor1gs wore crafted so oach person would hoar what they wanted to hoar The sken songs we<e deceitful. bul sounded realty good Ulysses had been warned that hslonlng to the siren songs was a really bad and dangerous idea. so he ordered aV his men lo put wax In the .. ears, so they COU<I not hear l~o musrc and they got salely by the srens Decrmnahz,ng Code Enforcement ,s a siren song II prom,ses to free you from the statutory fine lim1Is In effact now You could charge as much as you want for • • violations. II promises lots of new money ... 11 could even holp balance the budget. II prom ises to Improve lite • look of our town . II promises to be a new weapon lo use against the slackers who do not take care of their responsrb11itles. ii promises to reduce the case load at the municipal court Tho srrens sing a very sweel song But, rt will take away due process nghls guaranteed by the Const1tutoo and due process rs the very loundat,on of tho legal relationsh,p between c,t,zens and l~eir goverMtenf But the SOflQ ,s very hard lo res,st Almost everyone follows the rulos Thrs plan would punish the complrant who makes a mistake and the slac~ers W1f' sUf • • • Englewood City Council January 22, 2008 Pago 3 be slackers But lhe song IS very sweet and hard 10 re~1s1 Our whole poht,cal and legal system woN<s by lhe votuntary compliance of us all Thrs aci,on wdr <'amage tho law abrd,ng and undermine conrrdence 111 government But lhe song Is very hard lo resist Placing liens on people's homos, when they don'! pay 1he11 fines, is a lemblo Idea But the song Is very sweet. The evidence Is not conclusive that this approach makes the cities 100k better, but ii does raise a lot of money and the song is very hard to resist. I realize !here Is not even a bill before City Council at lhtS ltme It is being serlOUsly considered by the Code Enforcement Advisory Committee and qu,1e a few people are listening very carefully and lhe song Is very sweet and hard 10 resist. Don't do 1h15 Put the wax 111 your ears, like Ulysses and his c,ew Decrirmnahzng Code Enforcement rs a siren song The swens are singmg Don't do this Pol wax rn your ears Sail on by the sirens' ISiand Don't stop at the island. don't listen to the song It wil damage our community Thank you. (b) Karin Rosvalt-Clausen. an Englewood resident, said I am a long time citizen or Englewood, About two weeks ago I sent a letter via e-mail, to all of you, In which I proposed that the zoning laws In lhe R-1- C D1slricl be Changed lo allow tho acauon of ·small lots" as defined in the Unified Developmenl Codo and to allow the existence of muJU-famlly, f01-sale homes. Between the time I sent my e-mai and tonight, 11 was kindly pointed out to me lhat I did not mention my personal reasons for askrng for these changes So, 1h15 IS why I have come here tonight. In the spring of 2005. my husband and I teamed about the potenbal problems buye<s can face, when dealing with non-conf01mln9 properties, when we purchased a 4-plex located al 4600 and 4606 South Delaware Street. Dunng this process, two lenders pulled out of the lransactlon al lhe fast minute, despite mine and my husband's excellent credit ratings, solely because of the property's non-conforming slatus. In the end, our loan omcer was able lo convince lhe second lender to follow through with the deal by producing a letter he said was from the City, which stated the property cou ld be rebuilt despite lhe non-conforming sta1us At tho closing, I received a copy of lh,s loller and ,t was not from lhe Ct1y on Cijy lettemead, bu1 a letter he had lyped staling he had talked lo a person w,lh lhe U~e of Permit Tech, who venfled lhet t tho property was destroyed the City will allow II lo be reconstructed As a result of our nalve16, and some quest10nable practices on lhe part ol our loan officer, wa were now the owners of a non-conforming 4-plex In the beginning, we managed the property ourselves, bul soon realized that with full-lime Jobs and a daughter under the age of one, we wore not capable of the hands-on managemenl our p roperly requ ired . We then hired a properly manager 10 laka care of the day lo day management. Since lhls time we have evaluated this investment and decided It Is no longer a good fit for our family In June of 2007 we put lhe property up for sale. and through October, In nearly all the feedback recerved from the showings, we were informed investor.; were not interested in this property because lhe s12e and layoul of lhe units were outdated. Also, It drd not inelude many amenities newer rental proper\Jes offer, such os washer and dryer hookups, and rldrvrdual meters for each unit Faced wi1h a non-conforml11g label and the perception lhis property was outdated, I began searching for c,eatrve solutions. At this point, lhe idea of d1vld 1ng lhe property into two lots. selling II and having II developed, seomed like a pracllcal answer Not being an export on the zoning laws, I lhougt ,1 I had lwo lots since I had two add1osses and two gas and electric meters . However, when I contacted tho City's Community D•velopment Department. I was informed the mlnmum lot s,zo for lhe R-1-C Ofstrict Is 6,000 square fool, wtlh a minimum width of 50 foot in lhe front The property's lot dimensrons of our 4-plex., acGOrdrng to lhe Atapahoe County Assessor, are 9,949 square fe<il with a w,dlh of 75 2 feet III lhe front. ThlS IS smaller lhan the minmum d,menSIOlls, therefore, accocdlog 10 zoning laws, I did not have enough real es1a1e lo divide the propertJes rnto two This answer did not make sense to me, because I s1111 fell hke at some polnl I had two lots Ihm wore combined in10 ono, I decided lo look Into the zonrn:i laws myself and lhls Is when I saw tho dimensions for a "small lot" In lhe R-1-C District. These dimensions only required a lot to have 4500 squaro loot, wit11 a width of 37 foet In lhe Iron! In tho R-1-C District there oro approx1maloly 50 properties that currently exist with those dimensions. Theso dlmons,ons would allow mu to divide my proper1y Into two, so I was confused as to why I was lold thal I had to have a minimum of 6,000 squa,e feet, with a wrdlh of 50 feet for each lol So, I called the Cdy Community Development Department and asked a series of questrons, which I followed up wilh an e-mai and received a wntten response. First, I asaed ·.vhy I could nol use the der11111oon of a "small lor lo be able to divide my property The Community Development Department Informed me that the ·small lot" dimens1011s only apply lo properlles lhat ex1Sled on or before February 23, 2CJ4, Second, I asked what dale the minimum lot dimensions of 6,000 square feel wllh a minimum wldlh of 50 feet were estabhshed by the City. Again, I was informed these minimum lot roqulromenls were adoplod In 1955 Then I asked If I could get a variance on the minimum lot size Al this point, I was told a var,anco wa• not allowed because lhe "Board shalr nol consrder a zoning varronce apphcation to allow additional dl-.elhng unils 111 resrdenltal districts above Uie maxrmum number permitted by zone distnct standards for fol area and streel fron1ogo • I would hke to po,nl out that 1h1s answer does not address my questoon I'm not oskrng for Englewood City Council January 22, 2008 Page 4 11 v.1rrance 10 build add11,ona1 dwelling umls on rny currenl lot I'm asklll!l lor a vanance on Ille abt11ty to aeate a ·sm,·11 lo!". Finally, I asked the Community Development Department for any ~elp or advice lhey could provide, lo he Ip mo r,nd some lype or solution or compror111se lhal would al low me to divide my property rnto two. Tho tonal response I received was I could address C,ty Council and ask lhem to change the zon,ng laws Thai ,s why, IWO weeks ago, I sent my teller That ,s wily I am here tontghL t need to tell all of you my story and to ask you 10 strongly consider my proposal All I rntcnd to accomplrsh rs 10 be eblo to free my family from tr,s property, while minimizing ou r losses. This proposal will he lp my fa mily achieve these goals and at the same lime the City can benefit from the potenloal inaease In revenue II you Mve any questions or concerns. I would be more than happy to talk woth you. Thank yo,, for your l!me and conslderat.on Mayor Wood rl sard thank you. He said at this point In the meeting, we don't have a drscussion, but it may be revisited und Juncll Members' Cho ice. Technically thal Is when we would discuss this . 8 Communications, Proclamations and Appointments (a) A letter from Robert Zuccaro announ cing his resignation from the Code Enforcement Advisory Commillee was considered. COUNCIL MEMBER WILSON MOVED, AND IT WAS SECONDED , TO ACCEPT THE RESIGNAT ION OF ROBERT ZUCCARO FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Ma:,or Woodward asked 11 lhere was any discussion. There was nooe Vr,te results: Ayes: Nays: Motton earned . 9. Consent Agenda Counctl MemlJers Penn, Mccaslin. Moora, Woodward . Jefferson, WIison, Oakley No<le (a) App<oval of Ordinances on Fwst Reading There were no addrllonal llems submllled for approval on firsl reading . (See Agenda lldrn 11 .) COUNCIL MEMBER OAKLEY MOVED, ANO IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (1), (iij and 9 (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 3, SERIES OF 2008 (COUNCIL BILL NO. 1, INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AUTHORIZING THE APPROVAL OF A WAIVER OF DIRECT SUBGRANT AWARDS FOR THE COLORAC"J DIVISION OF CRIMINAL JUSTICE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM. (ii) ORDINANCE NO. 4. SERIES OF 2008 (COUNCIL BILL NO, 2, INTRODUCED BY COUNCIL MEMBER MOORE) • • AN ORDINANCE AMENDING TITLE 7, CHAPTER 6A, SECTION 4, OF THE ENGLEWOOD MUNICIPAL • CODE 2000 PERTAINING TO HARASSMENT (c) Resolulrons and Motions • • • Englewood City Council January 22, 2008 Page 5 (1) Mohon to approve the purchase or one. new four-yard tandem dump truck from Transwest Trucks. Inc . on the amount or S77,000 00 Vele resulls: Mohon earned Ayes Council Members Pen.,. McCaslll. Moore. Woodward, Jefferson, Wilson, Oakley Nays None 10 Public Heari ng It oms No public heamg was scheduled before Couoot 11 Ordinances, Resolution and Motions (a) Approval of Ordinances on Forst Reading (I) Director Fonda presenled a recommendation from lhe Water and Sewer Board and lhe Utiotoes Department to adopt a bill for an ordinance approving the Agreement between South Arapahoe San,tauon District, Southgate Sanitation District, South Englewood Sanitation District. end the c,ty of Englewood ror reimbursement ~rover charged sanitation fees to property owners . He said back In 2006 we round about 84 homes that were coded in the wrong sanitation distnct and therefore were being overcharged They were paying South Arapahoe's fees when they were ,n another d1slnct that paid lesser fees . We worked with Soulh Arapah~e and Southgate and South Englewood Sanilation Districts at that time and the City administered 84 reimbursements. Since lhen, we have worked with South Arapahoe and have done an add1honal aud,t and we found 5 more accooots that were on slmdar s~uatoons. At th · por,t we are recommending that we enter ,nto a contract w,th those districts to allow relmbursemont or these dist rict funds to the homeowners. II ls the same contract we used berore and this would Just allow us to complete tho 3eme procedure to the 5 accounts that we have now lound through tho audoL Hopefully, th,s wi1 be an that we f11d. Mayor WOOdward asked if 111Cro were any quesllons for Stu There were none COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA TEM 11 (a) (I)· COUNCIL BILL NO . 4. COUNCIL BILL NO 4, INTROOUCEO B'r' COUNCIL MEMBER OAKI r:v A BILL FOR AN ORDI NANCE AUTHORIZING ENTERING AN I~! fERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION iJISTk11.. I , SOUTHGATE SANITATION DISTRICT, SOUTH ENGLEWOOD SANITATION DISTRICT AND THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEME NT OF OVER CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TD TME SOUTHGATE SANITATION DISTRICT CUSTOMERS Mayor Woodward asked ,r ll1ere was any discussion. There was none Vote resulls: Motion earned Ayes Council Members Penn, '1cCaslon, Moore, Woodward, Jefferson, Wilson , Oakley Nays· None (II) Director Fonda p.resentod a recommendaboo from tho Waler and Sewer Bc:lrd and the Ullotoes Department to adopt a boll for an ordinance approv,ng an lntorgovemmental A<Jreement enhdcd Colorado's WaterM'astewate< Agency RE1sponse NelWO<k (CoWARN) Mutual Aid and Assistance Agreer ,1enI between Municipal Utllll,es Departmen ls to help Member Ulll1 tlos Dopartmenls during emergencies I le ::aod within the Stale of Colorado the CoWARN has boon established to aUow Wale< and Wastewater agenc,os lo En91ewood City Council January 22, 2008 Pago 6 help each other during tImos of disaster througt1ouI tho Stoic By foInino t11is. you Rgree to tho tenns of 01e agreement, which mainly states tnat If an agency, that ,s a member, hos an cmorgoncy. they wn call out for what they need and other agenc,as can then supply 11 as they see ht And tne ag,eemenl for reimbursement JS pre-dctem11nud 1n the contract so that the agency that Is providing the aid wdl submit bifls for ti's 11me and materials. equipment and the agency that is seeking a Id would then also know what ,t is go,ng lo cost 111cm Frorr that aspect. the Waler and Sewer Board IS reconvncnd1ng that we enter Into an agreement Th,s would, bas,cally. cover our water system and water treatmenL plant and sewer coltect,on system Wllh B..C1ty we are also foo:mg into this. but we win have to coord,nale w1lh L,tllelon. since they would have to agree also Counclf Member McCashn said Stu, can you give us an el'ample of what m,ght occur. fUSl so f can v,sualize 11? DKector Fonda t~,d I can't remember the exact name of tno town. but down southeasl...when they had a horrendous snow storm and lhe who le town was knocked out...at that point a number of agencies around the Slate were sending equ,pment and materials to assist them ot could be a flood, It could be a tornado Let's say that agency l)ljl out f.lf what they needed. at that point. d we had it. we could send 11 and then ii would be agreed upon how ii would be paid for. If an emergency happeneJ to us, this would be en automatic arrangement with Oonver or Aurora lo help us. Although you don't want to ask for the help unless you drastically need ti, because lhe cost would be fairly large. but on that type or a situatlon. you don't have much choice This agreement was put together between water and wastewater agencies. becaUSe lhelf needs are falfty unique, so a lot Of the stuff that you need to get, you won't get from other departments. • Councd Member Penn said if we do respond to this. who ,s responsible for lhe response and the amount of money or the amount of tme that we give up .. who would make that dec,s,on? Mr Fonda said lhat would probably be me or lhe Superintendent or whoevor here was in charge . We would look lo see what we had available and what we could spare and then we would respond. Wo would keep track of lho hours and I believe • tt,J men and equipment rema,n under yow convnand Mayor Woodward said we would send an item,zed bill . ti wo were going out to help, within 90 days, and be reimbursed within 45 days after lhat bUling. Mr Fonda said yes. correct Mr. Woodward said and vice versa 11 we ever needed help. Mayor Woodward asked If there wero any other quest ions Council Member McCashn said is this voluntary or have all atfes agrood to lhls? Mr Fonda said ti IS voluntary Mr Mr.Casln said okay, thank you COUNCI L MEMBER OAKLEY MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {a) (II)· COUNCIL BILL NO . 5. COUNCIL BILL NO. 5. INTRODUCED BY COUNCIL MEMBER OAIILEY A BILL FOR AN ORDINA••~E APPROVING AN INTERGOVERNMENTAL AGREEMENT {IGA) ENTITLED "COLORADO'S WATER/ I ASTEWATER AGENCY RESPONS:C NETWORK (CoWARN) MUTUAL AID AND ASSISTANCE AGREEMl:NT" BETWEEN MUNI CIPAL UTILITIES DEPARTMENTS TO HELP MEMBER UTILITIES DEPARTMENTS DURING EMERGENCIES Mayor Woodword asked If there was any discussion Thore was none. Voto results: Mot,on earned Ayes Nays Council Members Penn. McCashn, Moc-re. Woodward. Jellerson. Wilson, c iklev Nonn (b) Approvot of Ord1nanc~s on Sorond ReadIno • • • Englowood City Council January 22, 2008 Page 7 (r) Council BIii No 3, amending Tille 1, Chap ter 6 of lhe Englewood Municipal Code dissolving lhe Ocparlmenl of Safely Services and re-esIobllshing separole Police and F,re Oeparlmenls for lhe Clly of Englewood was considereo Fire Interim Director Patlarozzi said 11 ts my understJnd1ng that this 0<d 1nance is on second read'llg tonight and ii you have any queslions, I would be happy :o address them Mayor Woodward asked 1f there were any queshons for Mike . There were none COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE Ar;ENDA ITEM 11 (b) (I)· ORDINANCE NO. 5, SERIES OF 2008. ORDINANCE NO S, SERIES OF 2008 (COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL ME'ABER OAKLEY) AN OROINANCE AMENDING TITLE 1, CHAPTER 6, SECTIONS 1 ANO 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE REORGANIZATION ANO ESTABLISHM ENT OF A FIRE DEPARTMENT AND A POUGE DEPARTMENT IN THE CITY OF ENGLEWOOD, COLORADO ANO VARIOUS OTHER SECTIONS THAT REFERENCE SAFETY SERVICES Mayor Woodward asked d lhere was any discussion. There was none. Voto results: Ayes: Nays: Motion carried. Councn Members Penn. McCaslin, M00<e, Woodward, Jefferson W~son, Oakley None (c) Resolullons and Motions (I) Dr ector Fonda presenled a r8COIM1endalion from the Waler and Sewer Board and the UW1t,... Department to adopt a resoluhOn aulhorizJng an amendment lo the Agreemenl lo, the lease of three ca~ .ion fillers Jo, the Allen Waler Treatmenl Plant He sard back in 1998 we entered a lease agreement for achvaled carbon and there Is really only one supplier thal can provide lhe raw carbon and then regenerate It. It is In each of our five filters and on a staggered basis, the lease on three fillers has come up and II has been renegotiated . The carbon Is used to lake l~ste and od0<s out of the water and It has been very successful here In ""'"'Ving the taste thal comes fro,n a ,ae decomposition The leases cover the cost ol taking the spent ri,:oon out. sendrng II to furnaces Wtiere It Is run through the blast furnaces and regeneraled by rernomg the o,ganic material and lhen they bring ii back and replace 11. Then lhey also lest it over the life of the frtter, which Is several yea rs ... I believe aboul throe ... e nd then we go 11,rough lhe whole cycle again. Tho Waler and Sewer Board Is recommending thal we conllnue wllh lhis lease and approve ii In the arnounl of $2.450.00 per filler for lhe lhree fillers Mayo, Woodward asked If there Here ony questions. There were none COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 2, SER IES OF 2008. RESOLUTION NO 2, SERIES OF 2008 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR THE LEASE OF THREE CARBON FILTERS FOR THE ALLEN WATER TREATMENT PLANT, • Mayor Woodward asked If there was any discussion Mayor Woodward sard I have a queshOn for Siu. If wo ha•., f111e f~ters, why Is this lor tlvee of the five? o ~ector Fonda said the olhers wdl be spenl ,n about 18 monlhs. they are staggered Mr Woodward sa id okay, so we wm see this again ,n 18 months. Mr Fonda said yes Mr Woodward said for two fillers? M•. Fonda said yes Englewood City Counc il January 22, 2008 Pago 8 Mayor Woodward asked if the/0 was any more discussion T11crc was none Vo te results: Ayes · Council Members Pc11n, Mccasli n, Moore. Woodward, Jefferson. Wi lson, Oakley Nays: None Motion carried. (ii) Director Kahm presented a recommendation from the Public Works Department to approve a resotut1on accepting easements for the Big Dry Creak Bicycle and Pedestrian Trail located between Lehow Avenue and Broadway. He said this is actua ll y an exciting time for us. We have been working on this Big Dry Creek Trail System since 1997, In one phase or another. We were here last fall ... the South Suburban Foundation was unable to obtain right-a-way on tha t sr.gmenl between Lehew and Broadway ... an easement for the Tra il System. We spent many, many months trymg to negotiate that. By Resolution 83 of 2007, you allowed us to go forward , with using eminen t domain if necessary, to acquire those easements. We contracted with an independent negotiator, we brought in Independen t counsel working under Dan Brotzman and we were able , after a lot of negotiation, lo rea ch settlement with both of the property owners I11volved . The RWC Parcel negotiated fa irly easily, the attorney did have to file against the Liquor Control piece, but prior to going to court . they also reached a settlement. So, this evening we are here as king you to accept those easements. The total cost of that. for all the ou t-of-pocket, was $165 ,255.00. That all is reimbursed to us by the South Subu rban Parks Foundalion ... they will be paying alt those costs. This will allow this project to go forward and this is the last segment, so that will finis h it up. from 1he river all the way up to Litlleton. Mayor Woodward said thank you . You should be congratulated on moving this forward . Mayor Woodward asked if there were any questions for Rick . Council Member Penn said this will not get us all the way up to the High Line Canal yet. .this Trail? Director Kahm said no, this last segment tna l went from Broadway up through those Greenwood Apartments ... and I think that is where they ended. Counci l Member Penn said is there ano ther group talking about trying to get ii to the High Line Canal? Director Kahm said the South Suburban Foundation will continue to work on those segments, but I believe those are in Littleton and Centennial. Mayor Woodward said we have already completed quite a bit or work going east of Broadway and passed the apartments. Ka hm said over to Wash ington. Mr. Kahrn sa id as a rem inder. we were only a projec t spon. ,, 1or this segment. South Suburban norma lly does these things themselves , but they were out of applications ;. '•m point when they applied for the funding, so we have done tha t for lhem. Mayor Woodward said I have a question on item numbe1 9 or the grant easement and this is probably a question for Dan. In the very last sentence of that number 9, it says ·until the easement is abandoned by grantee, gran tor shall have the right at Its sole option to require grantee to remove or neutralize any improvements constructed in the easement property by grantee". t-:e said shou ldn't that be ·until aftor the easement is abandoned .. ." II means tha t we could be doing the improvements tomorrow, from what I am reading as a layman. and the next day they could say ... remove them. Mr. Kahm sa,d we wil l defer to Mr Brotzman on that. {C lerk's note: Discussion ensued that was not audible I • • • • • • Englewood City Council January 22, 2008 Pago 9 Mayo, Woodward sal,j we are going 10 move on to lhc noxl ,tern whi le Dan sludles 1111s [C lork's note This A' cnda Item 11 (c) (u). was con11nued after lho c0<1sldcrat1on of Agenda Item 11 (c) (m) Sec page 9 I (n1) 0,recto, Kahm presented a rccommendallon from the Public Works Department to approve a resoluhon .,ccepllng the ded ication or three parcels of land located beIween Broadway and Cherokee for City of Englewood Public Right -o f-Way purpos es from ,ne Englewood Urban Renewal Authority He said 1h1s one ,s really a housekeeping issue from the m,d ao·s As you recall, from lime to 1,me we run Into these things that were never property done. Not too long ago, t th,nk we had you accept so,ne nght-of-way fo· Cherokee Slteet at Floyd !hat hoo been hke that since 1967 In this instance. what happened when Englewood Parkway was originally bulit, 11 started at the ,ntersechon of G1rard and Broadway and II swung around and ended up at the ,ntersechon of 2P.5 and Cherokee .that was the ong,nat Parkway ahgnment. This was an Urban Renewal project and at the tIrne the y d,d that, they owned ... and s1111 do ... what wo call the Acoma Perking lot. Thay also owned two lots tha• extended out to Broadway, on the south side of the Englewood Parkway And the Parkway was butll by lhe Urban Renewal Authonty and n was bull on !heir property They also, at the southwest comer of Acoma and Ha.-npden, put a big sweep,ng rad1Us on lhel comer. lhal also got on tnew property They are loolmg at other uses fo, !hat ground at lh1s point 1n lime lhey be,ig the Urban Renewal Autho,ity ... and they sIumblcd into th's 1n their htle w0<k. So, we are just cleaning that right-of-way up, by accepting ded,cahon of those pieces. Sil that our streets arc, In fact. public right-of-ways. Technically. we have had roads there lo, ovPr 20 years so we would have a prescriptive easement anyway, but this Is a good way to clean them up Mayo, Woodward asked ~ !here were any quest,ons There were none COUNCIL MEMBER WILSON MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill)· RESOLUTION NO. 3, SERIES OF 2008. RESOLUTION NO 3, SERIES OF 2008 A RESOLUTION APPROVING THE ACCEPTANCE OF THREE PARCELS OF LANO FOR CITY OF ENGLEWOOD PUBLIC RIGHT-OF-WAY PURPOSES LOCATED ON ENGLEWOOD PARKWAY BE1WEEN BROADWAY ANO CHEROKEE FROM THE ENGLEWOOD URBAN RENEWAL AUTHORITY (E URA ). Mayo< Woodward asked if the re was any discussion There WdS none Vote results: Ayes Council Members Penn. McCaslfn, M00<e, Woodward, Jclfcrson. Wilson, Oakley Nays . Nono Motion carriod. Mayo, Woo<tNllld said thank you Rick (11) !Clerk's note· Tl1 ls Is th e contlnuahon of consideration of Agenda llom 11 (c) (11).] Discussion ensued regarding the proposed amendment to Resolution No 4, Series of 2008 COUNCIL MEMBER MOORE MOV ED, AND IT WAS SECONDED, TO APPROVE AGENDA. ITEM 11 (c) (II)• RESOLUTION MO. 4, SERIES OF 2008 AS AMENDED BY REMOVING THE LAST SENTENCE UNDER ITEM 9 OF THE GRANT OF EASEMENT OR AS AMENDED BY THE CITY ATTORNEY . RESOLUTION NO 4, SERIES OF 2008 A RESOLUTION A0 PROVING THE ACCEPTANCE OF EASEMENTS RELATED TO THE BIG ORY CREEK BICYCLE ANO PEDESTRIAN TRAIL LOCATED BETWEEN LEHOW AVENUE ANO BROADWAY Enc:ewood City Council January 22, 2008 Page 10 Mayor Woodward asked If there was anymore discuss~ There was none Vote res ults: Ayes Count~ Membe,s Penn. McCasllll. Moore. Woodward. Jefferson. W~son, Oakley Nays: None MoI,on earned and Resoluhon No 4. Series of 2008 was approved as amended 12. General Discussion (a) Mayors Choice (i) Mayor Woodward said last week a represenla~ve from Hab11aI for Humanity was here and she requested a resolul,on approvw,g lhe waiver of bu1khng pem,11 fees and the foe "' lieu of Park Land dedocal10n for the Habitat for Human,ty of Metro Denver, for lhelr bulldu,g ol an 8-plex up on 2310 West Halv.lrd Avenue in lhe approximate amount of S8,700 00 that IS what lhey are asking 10 be waived .. with a consensus to bring II forward In a resolution COUNCIL MEMBER PENN MOVED , AND IT WAS SECONDED, TO APPROV E RESOLUTION NO. 5, SERIES OF 2008. RESOLUTION NO . 5, SERIES OF 2008 A RESOLUTION AUTHORIZING THE EXEMPTION OF THE HABITAT FOR HUMAAITY OF METRO-OENVER (HFHMO) FROM BUILDING PERMIT FEES ANO THE FEE IN LIEU OF PARK LANO DEDICATION ASSOCIATED WITH THE DEVELOPMENT OF EIGHT PAIRED SINGLE FAMILY HOMES LOCATED AT 2310 WEST HARVARD AVENUE, PROPOSED TO BE KNOWN AS 2282, 2284, 2296 AND 2298 WEST HARVARD AVENUE AND 2283, 2285, 2297 AND 2299 WEST HILLSIDE AVENUE. Mayor Woodward asked if there was any discussion. There was none. Mayor Woodward smd' again I would 1usI like 10 say that I am a real supporter of Habilal for Humanity and lhe work lhal lhey Mvo done In our commurnty, tt1foughoul lhe c,Iy and everywhete else Vote results: Motion earned Ayes Council Members Penn. McCasl.,, Moore. Woodward. Jefferson, Wi son, Oakley Nays : None {Clork"s note· This was listed on lhc Agenda os Item 12 (b) (I)) (11) Mayor Woodward said I would like to go to lhe NLC Conference in Washington. D C , March 6-t 2 and I'm osklllQ for counci app,ovol on lho c•pcnses. oncludmg a.-fare. rogIslrahon. classes, hotel, and meals for a 10101 of S2,735 00. I know there aroolhers that would like 10 Jllend and we may want lo move lhem an at once Council Member Mooro said I believe lhal all lhe othe< CouncD Members Intend 10 go, conect? Council 111docated the other Council members would like 10 allend the Conference Mr Moore ,nd,caled he wou ld not be allend1ng COUNCIL MEMBER MOORE MOVED , AN O IT WAS SECONDED, TO APPROVE TRAVEL EXPE NSES TO THE NATIONAL LEAGUE OF CITIES CONFE RENCE. MARCH 8·12, 2008, IN WASHINGTON , D.C. FOR COUNCIL MEMBERS PENN. McCASLlN. WOODWARD, JEFFERSON, WILSON AN D OAK LEY. • • • • • • Englewood City Council January 22, 2008 Page 11 Mayor WOOdward asked ,f Ulere was any d1scussoon The<e was nono Council Member McCashn said I would JUSI llko lo say lhal I wenl lasl year and whal an educa11onal expenence II was . To be able lo lalk lo people from the Slale and Federal level, then come back and bong lhe inlormal,on 10 Englewood lo help make d a belier C,ty .. trust me, there are lh,ngs here we changed m Englewood becJuse of thal conference They may be very mlnule, b11l !here a,o changes . and whol a benefit lo lhe Clly of Englewood lhis Is Counc,I Member Penn said this probably has nolhing lo do w1lh lhe vole, bul I do know lhal !here are probably 3 or 4 sludonls also opplying, bul lhey have nol !urned in lholr applications al this lime. Mayor WOOdward said greal and I guess they sllll have hme .. February 4", I believe. Vole results: Molioo carried. Ayes: Council Members Penn, McCashn, Moore, WOOC!Ward , Jellerson, Wilson, Oakley Nays: None (b) Council Members' Choice (I) Council Member Penn: 1, He seid I would hke lo congralulale all the people lhat we gave aid lo .. the Aid lo Other Agencies. I think It ,s a great way for the City of Englewood to reach out lo these people. who can help other people In Englewood , 2. He said I would like to make th,s a Council Request...to see how our duel< population Is doing down at the Wastewater Plant 3. He said I would like lo look al lhe process we use to get B0atd and Commission members 10 fill our Boards. I would like lo look at the process, as a Council, and see ~ we can make u a hllle fnendlie1 to our people that come In and apply for those Boards. Mayor Woodward sa,d are you asking lo pul ,ton as a Study Session? Mr Ponn said yes, I would fike to see lhal (Ii) Council Member McCaslln said !here is a residential property, I won't say where ,1 Is, bul K is in Englewood, lhat has had numerous vlolatlons ., the last two or three years II has really been a nulsanco to the neighborhood. I was got11ng, ,n lhe last year or two, al least one call a week and sometimes numerous calls per wee k aboul th is locallon . Bui recenlly I was getting frustraled I live next to lhis house and heard everything that was going on And I was gelling frustrated and 111 my communlcahon with Commander Sam Watson, he kept say,ng, Bob slow down ... we are on 11, we are taking care or II. Bui I was frustrated, I was saying come on, whal is going on? You know when I see what happoned ... l gol home Friday and I had 5 calls saying, please tell Sam Watson whal a greal job lhe City of Englewood has done So, I guess I em one of those that wants to see some of the nuisance propertles cleaned up I want some of the stuff that is not rlghl In Englewood lo be taken care of and when I see It In aclion, hke whal I have seen Sam Watson and his slalf has done, I am really proud lo say that ii works. Keep II up . Thanks Sam and If you would lot everyone know who worked on the case. I would appreclale 1L Thank you. (Ill) Council Member Oakley: 1 He said I was going to brmg thlS up., Sludy Sess,on, but we didn'I have lme I have a few things to mentoon thal went on al the ORCOG Board Mealing last week II broughl up some lhlngs that need lo be done. I think . ti was In response lo Iha lmplemenlallon delays or Transporlalion lmprovemenl Districts or TIP for short . and lhal of course ,s our 111volvernent ., lhe area of the Broadway Streelscapo Prqect on South Broadway Englewood City Council January 22, 2008 Page 12 Thero are currenUy 17 p,o,ect delays, by 9 pro1ecl sponsors, on lhe list lhat was broughl up ,11 lht, Boi11CI Meeting The Clly or Englewood was hslod as In delay on lh1s arorcn1c11t1011od Broddw,1y S11uct.capo Pro,uct We were granted a delay sub1ec1 lo lhe ro1Iow,ng cond1bons lhal Englewood slalf agortiss111t•ly pursue fl'fll<>CI implementation acbv1tres w1lh a target dale beror., June 30, 2008 and lhal Englewood start s11brw1 ;, b1101 process report lo ORCOG slalf on lh1s prOJt~I every three months, bog1nnrn9 m March 2008, until lt1c p101oc1 "' awarded Each process report shall dearly updale lhe advetbsemen1 dale KnoW11,g lhal we woren'I whal was hoking us up, I had a couple or things to say and I slated emphatically to lhe Board 1haI EnoloWOOd wo~. ,n foct, ready and able 10 move forward with lh1s project, bul had beer, waI11ng tor some 1,mc for COO I 's concuironco lo advertise I further slaled lhal wo would be very unhappy If we could nol meet lhe Junc 30" dale 1>ec;111sc of delays frc,m COOT. There were commonls frc,m olher Board members and ORCOG's slaff abOul s1m11.11 problems wilh COOT. I asked for lhe Board's help w1lh COOT and was told Illar lho Boord hod schodulccl a mecling w,lh Russ George, Executive Director With COOT aboul some olhcr matlers and lhoy would add lh1s to lhe agenda And !here were several other colres lhal supporlorl us on lhrs matler One other !11100 that came up was lhal the Board was given copies or lhree Transporta11on House Bills com,r,g forward and I ll0Ssed n copy ol lh1s on lo Rick. I commonled on House B~I 1012, regard01g evaluahng the Slale Highway Syslom reduchon and 11 you remember, we discussed lh1s bnelly concem,ng lhe S1a1e·s wishes lo lurn somo ma.,tenance of S1a10 highways over lo lhe iurrsdlchon of c1lies lhal lhey ran through and we had objecled 10 lh1s and we lold tho reasons why. And again, lhere were several olher cities lhat slaled lhe same object,ons lhal I did and Oddod some new Kleas to It and ORCOG has expressed o &lrong opposibon lo lh,s B~I So, lhere probably won1 be many lh1n9s com,ng out of ORCOG meetings lhal are quile as detailed, but lhose 1usl happenod lo be lwo 111DI lhey were very delailed. Mayor Woodward said I hank you Wayne I lh1nk, Rick there are actually lwo others ... boll, of tho bndgos are also being delayed oy COOT, aren't lhey , lhe pedeslrian bridges? Oirec10< Kahm said absolutely, all of our pro,ecls are in lhe same place. We have been wa11Ing lo advcrllso or1 all of lhcm. Now, by walling on the bndges, the opportunily possibly lo gel some Open Space money to offset our PIF money might come along Srice, we mel down lhere last week, !hero has been a lot of acliv,ly Wo have been pr,vy to a fol of e-mails belween ORCOG and COOT, including lhe execuhve directors, So, I Dm expecling Iha\ we will soo some lh1ngs happen here ,n a very short period of lime Thanks for your olforl down lhere Wayne. I appreciate !hat Mayor Woodward said good and I will also add thal that was broughl up al lhe Arapahoe Counly Mayors , Commiss10ners and Managers mealing on Fnday lhe same subject 2. He said aller lho resl ol lhe Council has talked aboul any issues lhey hnve, I would like lo go back 10 the lady lhat spoke earher IOnlght regarding lhe 200,ng s11uat100 (1v) Council Member W1lsorr said I wenl lo lhe CML Confore11ce Sem inar, wtuch I lhougl1l was cxccllenl, bul lhe one thing lhat I was lold when I lold !hem where I came frc,m they said lhey kncw G.,ry Sears our C1ly Manager and it was an good. Ms WIison said one of lhe men on the Execuhve Board said that we probably had the bcsl C11y Manager In lhc Stole There was applause She said I Jusl want lo soy congmlulalions Also, I had a semrnar. Mork Collins spoke and ho also knows you ond he said lhal you v.cro one ol lhe best so kudos to you City Manager Scars sacl thank you (v) Council Member Jefferson 1. He said I will be allend1ng lhe NLC Conference ,n Washinglon, O.C . and t do behove l he residonls of Englewood should sec some relurn on lnvestmenl for sending us lhore I 1us1 wanl 10 lei folks know lhal I w1U be allend•,g some sernrnars on topics lhat arc of part,cutar inleresl to me and I lhrnk are of partlCUlar 1n1eros1 10 Englewood, including building green, budgeling Issues and foscal rospons1b1lllles. 2 He said !hank you to Karm and Doug !Of address,ng COUl1CII f0< bnng,ng up two 11lercshng and important issues facing lhe City Doug, I am looking forward lo learning moro aboul lhal. bul I'm ,n general agrecnionl and I will work lo protocl provate properly rlghls Karen, I am also looking forward lo learning more • • • • Englewood City Council January 22, 2008 Page 13 and sludyu,g lhat sI1uat,oo on lhe Code Those !0I,a11ons can be veiy comploealed I have laken a look al 11 and I w,11 be looklng fo,ward 10 learn,ng more aboul II as v.:, go forward. Mayor Woodward said Ga,y. I wonder ,t we could have staff do a report on that slluat,oo Iha! Karen has bl ought up. spcclflcally with h8' prope,1y Cdy Manager Sears said nbsolutety Councol Member Oakley said aft8' rece,wig the lellei, I, too, dug oul the book, as we an have lo do, and was l/ylng to go through It and see what would pertain, bul since d was a requesl for a lotally different usage of that parlieular zoning district, I just wanled to reltera1e that we are looking al some othei zoning issues regarding multiple lam~y d,slricts, but It's tolally dlfferenl than re-doing the R-1 -C D,slncl Staffs response would be what I would be looking for too . 13 City Manager's Report (a) Clly Manager Sears said regarding the Financial Report, I think Frank did an excellenl Job lonlght reporting on our finances. (b) Cliy Manager Soars said I want to say thanks to Jill for her comments Part of being a good Manager I• having an excellent sta ff and I have been lucky 10 have a lot or good people lhal work here. 14. City Attorney's Report • City Alloiney Brolunan did rot have an) inellers lo bring before Council. 15. Adjournment WARD MOVED TO ADJOURN . The meeting adjourned at 8:32 p.m. PUBLIC COMMEN T ROSTER AG ENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT February 4, 2008 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADD RES S TOPIC • RESOLUTION NO. SERIES OF 2008 • • A RESOLUTION REAPPOINTING CARO ! \'N ARMSTRONC , 10 1111 I' \RK S AND RECREATION COMMISS ION FOR TIi l: CITY OF I \'(ii I \\'001>. COLORADO. WHEREAS, the City has csmbhshcd a Park., nnd R«tt11110~ Cormms<onn to 11<1, ,sc on all mailers penaining to n:creation: to prcp:irc an annual Parl..s "'"' Recrc.11,011 Mns1cr Pinn and 10 review 1hc annual Parks and Recreation Budge1 ; und WHEREAS, Carolyn Armstrong is n currcru mcmhcr or1hc Englewood Parks & Recrco1ion Commission: and WHEREAS, C81t'l)11 Am1Strong's currcm tenn c.>.:> ,o l ! ·bruol) I. 200S ; and \\'HEREAS. C110lyn AmlStrong has applied for rcappoirumcnt 10 lhc I n~lcwood Parks ru,d Recn:auon Commission for another term; and WHEREAS , 1he E11glcwood Ci1y Council desires 10 rCDppo,m Carol)1l Amis1ron~ 10 1hc Englewood Porks and Recreation Commission for ano1her 1cnn: NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL 01 '1,1, Cl I ' v F ENGLEWOOD.COLO RADO, THAT: ~-Carolyn AmlStrong is hereby rcappoin1ed to the Parl.s nnd Recreation Commission for 1he City of Englewood. Colonido. C:irol)11 Am1S1rong's term ,.,11 be dT«11\e inunedia1cly and "'ill expire February 1, 2012 , ADOPTED AND APPROVED th is 4th day of February. 2008. ATTEST: )runes K. Wood\\Ord, Mn)0r Loucrishin A. Fllis. Ci1y Clerk I, Loucrishia A. Ellis. City Clerk for the Cily of Englewood, Colorado. hcn:hy ce111f}' 1hc alxl\'c is a true copy of Resolution No. __ • Series of 2008 . Loucrishin A. Ellis. Ci 1y Clerk • RESOLUTION NO. • • SERIES OF 2008 A RESOLUTION APPOINTING SUSAN BAYLESS TO KEEP ENGLEWOOD 8EAUTLFUL COMMlSS ION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. the Keep Englewood Beautiful Commission h ~een created to advise the City Council on all m:111crs pertaining 10 cmironmental protection 1 neighborhood beautification; and WHEREAS, there i• a \'acancy on the Keep EnglewOOI' Beautiful I onunission; and WHEREAS, S=n Hayles, has applied IJ serve as a mer,•.-, ~fth<-Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO.THAT: ~-Susan Bayless is hm:by appointed 10 the Keep Englewood Beautiful Commission for I.he City of Englewood, Colorado. Susan Bayless' term will be effective immediately and wiU expire Febrwuy I. 2010. ADOPTED AND APPROVED this 4th day of February. 2008 . ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis, City Clerk for the ( ,ty of Englewood. Colorado. hereby ccntfy the above is a true copy of Resolution No. __ . Series of 2008. Loucrishio A. Ellis, City Clerk • RESOLUTION NO. • • SERIES OF 2008 A RESOLUTION REAPPOINTING GARY BOWMAN TO THE NON-EMERGENCY RETIREMENT BOARD FOR THE cm' OF ENGLEWOOD. COLORADO. WHEREAS. the Nonemergency Employees Re1ircrnem Board is the 1rustce or the NonEmergency Employees Retiremem Plan Fund and hns 1he power 10 establish investment or purchasing plans as necessary: and WHERf \S, Gary Bowman is a current member or the Englewood Non-Emergency Retirement Board; and WHEREAS. Gary Bowman's cWTC11t term expired February I. 2008: and WHEREAS, Gary Bowman has applied for rcappoimment 10 1he Engle\\'ood Non-Emergency Retirement Board; and WHEREAS, 1hc Englewood City Council desires 10 reappoint Gary Bowmnn to the Englewood Non-Emergency Re1iremen1 Board; NOW. THEREFORE. BE IT RESOL \, ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT: ~. Gary Bowman is hereby reappointed 10 Englewood Non-Emcrsenc) Retirement Board. Gary Bowman·s term will be crrcc1ive imrncdia1ely an<l will expire February I. 2012. ADOPTED AN;) APPROVED this 4th day orFebruary. 2008. A1TEST: James K. Woodward. Moyor l.oucrishia A. Ellis, City Clerk I. wucrishia A. 81is, City Clerk ror 1hc City or Englewood, Colorado, hereby ce,tiry the above is a true copy or Resolution No. __ . Series or2008. l,t)ucrishia A. Ellis, City Clerk Be • RESOLUTION NO. • • SERIES OF 2008 A RESOLUTION APPOINTING MIOLRAG BUDISA TOTifE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY Of ENGLEWOOD. COLORADO. \\-llEREAS. lhc Englewood Board of AdJustmcnts and Appeals has the authonty to hear and detennine appeals from the refusal of building pennns and other decisions regnrdmg the enforcement of the zoning regulations, to mnke exceptions to the zoning regulations and to authorize variances from the stnct application of zoning regulations; ond WHEREAS, there is a vacancy in the Englewood Board of Adjustment and Appeals; and Miodrng Budisa has applied to serve as a member of the Englewood Board of Adjustment and Appeals; and WHEREAS. the Englewood City Council desires to appoint Miodrag Bud1sa to the Englewood Board of Adjustment and Appeals; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Of ENGLEWOOD, COLORADO.THAT: Section J. Miodrag Budisa is hereby appointed to the Englewood Board of Adjustment and Appeals. Miodrag Budisa ·s term will be effective imm<diatcly and will expire February l , 2012 . ADOPTED AND APPROVED this 4th day of February, 2008. ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis. City Clerk I, Loucrishio A. Ellis, City Clerk for the City <>f Englewood, Colorado, hereby cenify the above is n true copy of Resolution No. __ , Series of 2008. Loucris.hia A. Ellis, City Clerk • RESOLUTION NO, SERIES OF 2008 • • /\ RESOLUTION REAPPOINllNG NICOLE KELLEY BUNDGAARD TO TI-IE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TI-IE CITY UF ENGLEWOOD, COLORADO. WHEREAS, the K~ Englewood Beautiful Commission hos b«n created to ad\'isc lhc City Council on all mancrs pcnaining to environmental protection and n, ghborbood beauti6cation: and WHEREAS, Nicole Kelley BWldgaard was a member or the Keep Eni e11-ood Beautiful Commission: and WHEREAS, Nicole Kelley Bundgaard 's tenn expired February I , 2008; and WHEREAS, Nicole Kelley BWldgllllrd has •~plied f. •r reappointment to lhe Keep Englewood &eauti ful Commission; NOW, THEREFORE, BE IT RESOLV ED ~y : HE t'11Y COUNC IL OF TI-IE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Nicole Kelley Buodgaard is hereby reappointed to the Keep Englewood Beautiful Commission effec1ive immediately with tenn expiring February I, 2010 . ADOPTED AND APPROVED this 4th day ofFebruary, 2008. ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City or Englewood, Colomdo, hereby ccn,ry the above is a true copy or Resolution No. __ , Series or 2008. Loucnshia A. Ellis. City Cleric Be • RESOLUTION NO. • • SERLES OF 2008 A RESOLUTION REAPPOll'mNG VIC CALONDER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENG LEWOOD, COLORADO. \VHEREAS, 1he EnglN-ood Planning and Zoning Commission makes recollllll<'",blit•'l> 10 Ci1y Cow,cil rcg:irdinJ lhe nw1cr plan. 1he comprehensive zoning ordinance. prol)('l :d subdi,,sions and capi1al 1mprovcrncn1s; and WHEREAS, V:c C~londcr is a CUITCllt member of the Englewood Planning and Zorung Commission: and WHEREAS, Vic Calondcr currcn1 1crrn expired February 1, 2008; and WHEREAS. Vic Calondcr has applied for reappo:n1ment to the En1 ·•nod Planning and Zoning Commission: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 0~ ENGLEWOOD. COLORADO, THAT: ~-Vic Cnlonder is hereby rcappoin1ed to the Ei:glewood Planning and Zonink Commission. Vic Cnlondcr's tenn will be effective immediately and will expire February I. 2012 • ADOPTED AND APPROVED this 4th day of February, 2'l08. ATTEST: lames K. Woodwllld, Mayor Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis. Cuy Clerk for the City of Englewood. Colorado. hereby ce.~ify the abo1·c is a 1ruc copy of Resolution No. __ , Serie.of 2008. Loucrishia A. Ellis. City Clr.rk 8f • • • Rl:SOLUTION NO. SERIES OF 2008 A RESOLlmON REAPPOINTING LAUREL DYGOWSKI TO THE K.EEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, lhe Keep Englewood Beautiful Commission has been created to advise the Ciry Cow1cil on all matters pertaining to environmental pro1ec1ion and neighborhood beautification; and WHEREAS . Laurel Dygowskl was a member of the Ke<'P Englewood Beautiful Commission; and WHEREAS, Laurel Dygow,l;i's 1enn expired February I, 2008; and WHEREAS. Laurel Dygowslti has applied for reappointment 10 lhc Keep Englewood Beautiful Commission: NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OFTllE CITY OF ENGLEWOOD, COLORADO, THAT: Srui.Qnl. Laurel Dygowslti is hereby reappointed 10 the Keep Englewood Beautiful Commission c:ITccti\'C: immediately wilh tcnn expiring February I, 2010 . ADOPTED AND APPROVED this 4th day of February, 2008. ATTEST: James K. Woodward, Mnyor Loucrish1a A. Ellis, City Clerk I, Loucrishin A. Ellis. City Clerk for the C'ity of Englewood. Colorado. hereby certify lhc abose is o true copy of Resoluuon No. __ , Series of 2008. Loucrishia A. Ellis, City Clerk 8g • • • RESOLUTION NO SERIES OF 2008 A RESOLUTION REAPPOINTING BRETT EAST TO THE KEEP ENGLEWOOD BEAll"TIFUL COMMISS ION FOR THE cm' OF ENGLEWOOD. COLORADO. WI IEREAS. the Keep Engle-wood Bcauuful Conumss,on has been created to od\'ll. 11.c C,; Coun.:11 011 all matters pcnauung to CO\'ironmcntal protection and neighborhood beau111i< tinr and WHEREAS. Brett wt was a 1111.mbcr of the Keep Englewood Beauuful l ->, ... ,,. •11r ,-~ WHEREAS. Bretl East's term expired February I, 2008; and WHEREAS. Bretl East has applied for reappointment to the Keep Englewood Bc-.uuful Commission; NOW. 1 HEREFORE, BE IT RESOLVED BY THE CITY COUNC ll OF THE CITY OF ENGLEWOOD, COi ORADO, THAT: ~-Breu East is hereby reappointed to the Keep Englewood Beautiful Commission effcetil'c i1nn1cdiotcly with tcm1 expiring Fcbroory I. 2010 . ADOPTED AND APPROVED this 4th day of February. 2008. ATTEST: James K. Woodward, Mayor Loucrisluo A Ellis, Cuy Clerk I, Lo11crishia A. Ellis, City Cler:. for the City of Englewood. Colorado, hereby ccrtiry the above is• true copy of RCS<llut,on No. __ • Series of 2008 . Loucrishio A. Ellis. Cuy Clerk 8h • RESOLlITION NO. • • S1,IUES OF 2008 A RESOLUTION APPOINTING TRISII ELLEY TO THE PUBLIC' UflRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. 1hc Englewood Public Library Board prepares and rccomrncnd.5 to Ci1y Council a master plan for the de,·elopmenl and maintenance of 1hc Ci1y library ,., stem as well as policy issues: and WHEREAS. 1here is A vacancy on 1he Englewood Public Library Board: and WHEREAS, Trish Elley has applied 10 serve as a member of1h0 ~n~lewood Publi c Library Board: NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD. COLORADO. THAT: ~-Tnsh Ellcy is hereby appoimed 10 lhc Englewood Public Library Board. Tnsh Ellcy's ttnn w,11 be effcc1ive immediately and will expire February I , 20 12. ADOPTED AND APPROVED 1his 41h day of February. 2008 . ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I. Loucrishia A Ellis, Ci1y Clerk for lhe Ci1y ofEnlllewood, Colorado. hereby ccnify the above is a true copy o f Rcsoluuon No. __ . Series 01 2008 . Loucrishin A. Ellis, Ci1y Clerk • RESOLUT10 • SERIES OF200 • • A RESOLUTIO , APPOINTING AT ASHA FISH AS A YOUTH LWSO TO THE CUL TURAl ARTS COMMISSIO FOR THE cm OF ENGLEWOOD. COLORADO. WHEREAS, the Englewood Cul1wal Ms Commission was es1abliihcd by lhc: Englewood .:'ity Council \\ith lhe passage of Ordinance o. S, Series or 1996; and WHEREAS, the City Council desires co appoint a youth liaison to the Cultural Ans Commis ion for the 1cnn expiring July l , 2008; and WHEREAS, Natasha ris h meets the requirements set fonh by City Council for appointment as youth liaison to the Cu hural Ans Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RNGLEWOOD, COLORADO, THAT: ~~-Natnsha Fish is hereby appointed as a youth liaison to th e Cultural Arts Commission . Natasha Fish's tenn will be effective immedia tel y and \\ill expire July I, 2008 . ADOP11:.0 AND APPROVED this 4th day of Fcoruary. 2008. ATTEST : James K. Woodward, Mayor Loucrishia A. Ellis. City Clerk l Loucnshia A. Ellis , Cuy Clerk for the City or Englewood. Colorado, hcnby certify the above i11 a true copy of Resolution o. _, Series or 2008 . Loucrishia A. Elli , City Cleric 8 j • • • RESOLUTION NO. SERIES OF 2008 A RESOLITTION APPOINTING JAMES GARNETT TO KEEP ENGLEWOOD BEAtmFUl COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, lhe Keep Englewood Beautiful Commission 1w been created 10 advise the City Council on all maners pertaining 10 environmental protection and neighborhood beau1ificn1ion: and WHEREAS. !here is a vacancy on the Keep Englewood Beautiful Commission: nnd WHEREAS, James Garnett has applied 10 serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, nL<\ T: ~-James Oamen is hereby appointed to the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. James Garnett's tcnn will be efTec1ive immediately and will expire FebNary I, 2010. ADOPTED AND APPROVED thls 4th day of February, 2008 . ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clcrlc I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cenify the abo,'C is a true copy of Resolution No._, Series of 2008. Loucrishia A. Ellis, City Clerk • RESOLUTION NO. • • SERIES OF 2008 A RESOLUTION REAPPOINTING JULIE GRAZULIS LIBRARY BOARD FOR THE Cln' OF ENGLEWOOD. COLORADO. WHEREAS, 1he Englewood Public L1bnuy Board prepares and recommends to City Council a master plan for 1hc de\'clopmcnt and maintel1111lce of the Cuy library system as well as policy issues; and WHEREAS, Julie Grazulis was a member of the Englewood Public Library Boord; and WHEREAS, Julie Grazulis' 1cnn expired Febru:iry I, 2008 WHEREAS, Julie Grarulis has applied for reappointment 10 the Englewood Public Lih:i.--y Board for another tmn; and WHEREAS, the Englewood Cit: "r 1ncil desires to reappoint Julie Grazulis to the Englewood Public Library Board for .,,01hcr 1em1: NOW, THEREFORE, BE IT RES' 1 VED BY TH E CITY COUNCIL OF TH£ CITY OF ENGLEWOOD.COLORADO. THA1 : ~. Julie Grazulis is hereby mippoinicd 10 Englewood Public Library Board. Julie Grazulis' 1cnn will be <ffccti"e irmncdialcly and "ill CJ<pm: February I, 20 12. ADOPTED AND APPROVED 1his 411 day of February, 2008. ATTEST: James K. Woodward. Mayor Loucrishio A. Ellis, City Clerk I. Loucrishia A. Ellis, Ci1y Clerk for the City of Englewood , Colorado, hereby cenify the above is a 1ruc copy of Resolution No. __ , Series of 2008 . Loucnshia A. Ellis, City Clerk 81 • RESOLlJrtON NO. • • SERIES OF 2008 A RESOLUTION REAPPOINTING CHUCK HABENICHT TO THE WATER AND SFWER BOARD FOR THE CITY or ENGLEWOOD, COLORADO. WHEREAS. 1he Englewrod Waler and Sewer Roa«! plans for 1he t0nlinued adequacy of 1hc domes1ic wa1er supply and sysirm and sani1ary sewer sys1em and shall have 1he power 10 prolcc1 the domcs1ic waler supply of d,e Chy from inJury and pollution: and WHEREAS, Chuck Habcnich1 is a cumn1 member of 1he Englewood Wa1er and Sewer Board: and WHEREAS, Chuck Habeniclu 's currcm 1cnn expired February 1. 2008: and WHEREAS, Chuck Habouch1 has applied for rcappoinuncnl I? the l:nglcwood Wa1cr and Sewer Board; and WHEREAS. the Engl ewood C-i1y CoW!lcil desires 10 rea ppoint Chuck Habcnich1 10 the Englewood Waler and Sewer Bow: NOW. THEREFORE, BE IT R'"'C.SOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Chuck Habcniclu is hereby rc.ippointed 10 Englewood Wa1cr and Sewer Board. Chuck Habcnichl's 1-:nn \\ill be effective immediately and will expire February l, 2014. ADOPTEr, AND APPROVED this 41h day of February, 2008. ATTEST: James K. Woodward. Mayor Loucnshia A. Ellis. City Clerk I, Loucrishia A. Ellis. Chy Clerk for the Chy of Engl ewood, Colomdo. hereby certify the above is a lruc copy of Resolulion No __ • Series of 2008. Loucrishia A. Ellis, Ci1y Clerk 8m • RESOLlITIOt. NO. • • SERIES OF 2008 A RESOLUTION REAPPOINTING SELWYN HEWITT TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, 1he Malley Ccmcr T!USI Fund was es1ablishcd for the use and bcnefil of 1hc Englewood Senior Citizen Recre.11io.1 Center known as 1he Elsie Malley Centennial Center: nod WHEREAS, the Trus1ces recommend to the City Council appropria1ions from the Trust Fund for the use and benefi1 of the Elsie Malley Centennial Cen1er; and WHEREAS, Selwyn He-.A<ill is a currenl member oflbe Malley Cen1erTrust F1J1d: and WHEREAS, Selwyn HC\\ill's cWTCDI tcnn expires February I, 2008: and WHEREAS, Selwyn I-IC\\•in hos applied for reappointmenl 10 the Malley Cen1cr Trus1 Fund for another 1c::m: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Selwyn Hewitt is hereby reappoinled 10 !he Malley Center Trust Fund for !he City ofl:..iglewood Colorado. Selwyn Hcwiu's term will be effective immedia1ely with term expiring February I 2011. ADOPTED AND APPROVED 1his 41h day of February, 2008. ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, C11y Clerk I. Loucrislua A. Ellis, Ci1y Clerk for !he C11y of Englewood, Colorado, hereby cenify !he above is a IJ\le copy of Resolution No. __ . Series cf 2008. Loucrishia A. Ellis, Ci1y Clerk 8n • • • RESOLUTIO 0 SERIES Of 200 \ RESOUJTIO APPOINTING STE E KJ G TO THE PL ING AND N<i OMMISSIO FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, 1hc Englewood Planning and Zonmg Commission makes recommendations 10 City Council rcganling lhc master plan. !he comprehensive zoning ordinance. pmp<,>ed subdivisions a well u capital improvcmcnu ; and WHEREA S. !here is a vacancv on lhe Englewood Planning and Zoning Commission: and WHEREAS, Ste\'e King has awhcd to serve as a member of lhe Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to ppoint Steve Ki ng to the Englewood Planning nn d Zo ning Comm ission; NOW. THEREFORE. BE IT RESOL VED BY TH E en . COUNC IL OF TH E CITY OF ENGLE WOO D, COLORADO, THAT: ~-Sieve King i hereby appointed to 1hc Eng lewood Planning and Zoning Commission . Steve King's term will be cfTcctive immediatel y and wi ll expire Feb ru ary I, 2012 . ADOPTED AND APPROVED this 41h day of February, 2008 . ATTEST: James K. Woodward, Mayor Loucrishia A. Elhs. Chy Clerk I, Loucnsh1a A Elhs, i1y Clerk for the City of Englewood. Colorado, hereby ccn1fy 1he abo\'e is o true copy of Resolution o. __ • Sen es of2008 . Loi. rishia A. Ellis, Chy Clerk 80 • • • RESOLUTION NO. SERIES OF 200S A RESOLUTION R.EAPPOn-.itNG CHAD KNOTII TO THE PLANNIXG AND ZONING COMM ISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. WHERE.AS. the Englrwood Planning and Zoning Commission makes recommendations to City Council regarding the master plan. the comprehensive zoning ordinance. proposed subdivisions and capital improvements; and WHEREAS, Chad Knoth 1s a current member of the Englewood Planning and Zoning Commission: 11nd WHEREAS, Chad Knoth's current term expired February I, 2008; and WHEREAS, Chad Knoth has applied for reappointment to the Englewood Planning and Zoning Commission: NOW, TIIEREFORE, BE IT RESOLVED BY TifE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD. COLORADO. THAT: ~. Chad Knoth is hereby reappointed to Lhe Englewood Planning and Zoning Commissiorc Chad K.noth's term will be effective immediately and will expire February I. 2012 . ADOPTED AND APPROVED thi s 41h day of February, 2008 . ATTEST. James K. Woodward. Mayor Loucrishia A. Ellis, Cuy Clerk I, Loucnshia A Ellis, City Clerk for Lh• City of Englewood, C, orado. hereby cenify the above is a true copy of Resolution No, __ . Series of 2008. Loucrishia A. Ellis, City Clerk 8p • • • RESOLUTION NO. SERJES OF 2008 A RESOLUTION APPOINTING IAIN LUMSDEN TO TI IE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to Cl!)' Council a master plan for the development and maintenance of the City library system as well as policy issues: and WHEREAS. there is a "acancy on the Englewood Public Library Board: and WHEREAS, Iain Lumsden has applied to serve as a member of the Enflewood Public Library Board: NOW, 11ffiREFOR.E. BE IT RES0LVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THA 1 ~-Iain Lumsden is hen , •ppointcd to the Englewood Public Library Board. Iain Lumsdcn's term will be efTccth, 1,M1cdiately and will expire February I, 20 12. ADOPTED AND APPROVED thi s 4th day ofFcblUlll). 20C8 . ATTEST: James K . Woodward, Mayor Loucrishio A. Blis, City Clerk I. Loucrishia A. Ellis. City Clerk for the City of E,nglewood, Colorad a. herel y cenify the obo"c is a true copy of Resolution No. __ • Series of 2008 Loucnshia A, Ellis, City Clerk Sq • • • RESOLUTION NO SERIES OF 2008 A RESOLUTION REAPPOINTING HOLLY MONTAGUE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION roR THE crrv OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Enslewood 8eau1iful Cunmission has been crea1ed 10 advise the City Council on all maners pertaining 10 environmental )lroleclion and neighborhood beau1ifica1ion: and WHEREAS, Holly Mon1aguc was a member of1he Keep Englewood Beautiful Commission: and WHEREAS, Holly :\1ontagut's 1mn expired Februasy I, 2008; and WHEREAS, Holly Mon1ague has applied for rcappoimment to lhc Keep Englewood Beau1iful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE cm· COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ~-Holly Montague is hereby ,eappointcd to lhc Ket,i Englewood Beautiful Commis,:ion effective immcdin1ely with lmn expiring February I. 2009 . ADOPTED AND APPROVED this 4th day of February, 2()()8. ATTEST: James K. Woocward, Mayor Loucrishia A. Ellis, City Clerk I, Loucnshia A. Ellis. Cil)' Clerk for the City of Englewood. Colorado, ,,ercby cenify the above 1s a uue copy of Resolution No. __ . Series of 2008. Loucrishia A. Elli ~ City Clerk 8 r • • • RESOLUTION NO. SERJES OF 2008 A RESOLUTION REAPPOINTING ANN NABHOLZ TO THE ELECTION co:-.tM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Election Co!111111ssion ,s established by 1hc Englewood Home Ruic Chaner 10 establish precincts, •~point election judges and clerk. prescribe procedures. and nny other duties as required by law; and WHEREAS. Ann Nabholz is a current member of the Englewood Election Commission; and WHEREAS. Ann Nabholz's tenn expired February I, 2008. and WHEREAS, Ann Nabholz has applied for reappointment to the Englewood Election Commission for another term; and WHEREAS, the Englewood City Council desires to reappoint Ann Nabholz 10 the Englewood Election Commission for aoo!her term: NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Ann Nabholz is hereby reappointed 10 the Election Commission for 1he City of Englewood, Colorado. Ann Nabholz's lerm will be effective immediately and 1.1111 expire February I , 2012 . ADOPTED AND APPROVED this 4th day of February, 2008 . ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis. Ci1y Clerk I. Loucrishia A. Ellis. City Clerk for the City of Englewood. Colorado. hctcby ccn1fy the above is a 1ruc copy of Resolution No. __ • Series of 2008 . Loucrishia A. Ellis. City Clerk 8s • • • RESOLUTION NO. SERJES OF 2008 A RESOLlITION APPOINTING MEGAN NORDLANDER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, 1he Englewood Public Library Board prepares and recommends 10 Cily Council o master plan for the devclopmenl and maintenance of the City libnll)' system as well as policy issues: and WHEREAS. there is o vacancy on the Englewood Public Libnlly Bua.rd; and WHEREAS, Megan Nordlander has applied to serve BS a member of the En11lcwood Public Library Board: NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Megan Nordlandcr" hereby appointed to the Englewood Publtc Library Beard. Megan Nordlandcr's tenn will be effective immedia1ely and will expire Febrwuy I. 2012. ADOPTED AND APPROVED 1his 41h day of February, 2008 . ATTEST: James K Woodward, Mayor Loucrishia A. Ellis, Ci1y Clerk I, Loucrishia A. Ellis. City Clerk for the Chy of Englewood. Colorado. hereby certlfy the above is o true copy of Resolution No. __ , Series of 2008. Loucrishin A. Ei!i&, Chy Cicrk 8 l • • • RESOLUTION NO. SERIES OF 2008 A RESOLUTION REAPPOINTING LINDA OLSON TO rnE KEEP ENGLEWOOD BEAUTIFUL COMMI SSION FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Keep Englewood Beautiful Commission tu.s been created to advise the City Council on all ma ilers pcna ining to environmental protection and neighborhood beautification: 1111d l'iH EREAS. Linda Olson was a member of the Keep Englewood Beautiful Conunission: and WHEREAS. Linda Olson's term expired February I, 2008; and WHEREAS , Linda Olson has applied for reappointment to the Keep Englewood Beautiful Commission: NOW, THEREFORE, BE IT RESOL \o ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Linda Olson is hereby reappointed to lhe Keep Englewood Bcau1irul Commission effective immcdiatelywuh term eJtpiring Febnwy I. 2010 • ADOPTED AND APP ROVED this 4th day of February, 2008. ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I. Loucrishin A. Ellis, City Cieri< for the City or Englewood, Colorado. hereby certify the abo,c is a true copy or Resolution No. __ , Scncsor2008. Lo~crishia A. Ellis, City Clerk Bu • • • RESOLUTION NO SERIES OF 2008 A kESOLUTION APPOINTING DEBBIE PENN TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Keep Englewood Beautiful Commission bas been created 10 ad"isc the City Council on al11No1tC11 pertaining 10 CD\'ironmcntal protection and neighborhood bcau1ifica1ion: and WHEREAS, there 1s a vacancy on the Keep Englewood Beautiful Commission: and WHER£AS, Debbie Penn has applied 10 serve as a member of the Keep Englewood Beautiful Commission: NOW, TH£REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ~-Debbie Penn is hereby appointed 10 the Keep Englewood Beautiful Commission for the City of Englewood, Colorado. Debbie Penn's tcnn will be effective immediately 11J1d will expire February I, 2009. ADOPTED AND APPROVED this 4th clay of February, 2008 . ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk for lhc City of Englewood. C' ..do, hereby certify the above is a true copy of Resoluuon No. __ , Se-ies of200S. Loucrishia A. Ellis, City Clerk Bv • RESOLlJl10N NO. SERl!S OF 2008 A RESOLUTION REAPPOINTING JAMES PHELPS TO THE POLICE OFFICERS ' PENSION BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, 1hc Police Officers' Pension Board has lhe rcsponsibilily for the general supervision, managemcm and comrol of the .. Old Hire Pension Fund"; and WHEREAS, James Phelps was o member of the Englewood Police Officers' Pension Board, and WHEREAS, James Phelp<' 1enn e,q,iRd February I. 2008: and WHEREAS. James Phelps has applied for reappoinunen110 lhe Englewood Police Officers · Pension Bonni; and WHEREAS, the Englewood City Council desires to rcappoim James Phelps to the Englewood Police Officers' Pension Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-James Phelps is hereby reappointed to Englewood Police Officers ' Pension Board . • James Phelps' tenn wiU be effec1ive immediately and \\ill etpirc Fclm:ary I, 201 l • ADOPTED AND APPROVED ihis 4lh day of Februruy, 2008. ATTEST: Ji.mes K. Woodward. Mayor ~rishia A. Ellis, City Clerk I, Loucnshia A. Ellis, City Clerk for the City of Englewood. Colorado, .. cr~by ccnify thr. above is a true copy of Resolution No._, Series of 2008 . l..oucrishia A. Ellis, City Clerk • • • RESOLUTION NO. SERIES OF 2008 A RESOLUTION REAPPOINTING TOM ROTHE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR TlfE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been crco1cd 10 advise lhc City Council on all malll'fS pcnnining 10 environmental protect ion and neighborhood bcau1ificat ion: and WHEREAS, Tom Rothe wns a member of the Keep Englewood Beautiful Commission: and WHEREAS, Tom Rothe's tcnn expired Fc:bruar. i, 2008; and WHEREAS, Tom Rothe has applied for rcappoil.m1cnt 10 1hc Kcc:p Englewood Beautiful Commission: NOW, THEREFORE. BE rr RESOLVED BY THE CITY COUNCIL OF THE crrv OF ENGLEWOOD, COLORADO. THAT: ~-Tom Rothe is hereby reappointed 10 the Keep Englewood Beautiful C, nmission cffcc1ive immediately with 1enn expinnJ! February I, 2010 . AD0PTED AND APPROVED this 4th day of February, 2008. ATTEST: Ja= K. Woodw. n1, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Elli~. City Clerk for the City of Englewood. Colomdo, hereby cenify the above is a true copy ofRcsolu1inn No.___, Series of2008 Loucrishia A. l:llis, Cuy Clerk 8x • • • RES OLUTION NO. SERIES OF 2008 .-1. RESOLUTION REAPPOINTING JOW.-: W. SMITH, JU TO THE BOARD OF ADJUSTM EITT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Board of Adjustments and Appeals has the authority 10 hear and dctcnninc appeals from the refusal ofbuildi~g permits and other decisions regarding the enforcement of the zoning regulations , to rw:e exceptions 10 the zor.ing ~lauons and to authorize variances from the strict application of zoning regulations: and WHEREAS , John W. Smith is• current member of the Englewood Board of Adjusunent and Appeals: and WHEREAS, John W. Smith's term expired Febnw.ry I. 2008: and WHEREAS, John W, Smith has applied for rcappoinunent 10 the Englewood Board of AdjUSlme,11 and Appeals for ano1hcr term: NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAD0.1llAT: ~ John W. Smith, 111 is hereby reappointed to the Board of Adjustment and Appeals for ihe City of Englewood, Colorado. John W. Smith's term "~II be e1Tcc1ive immediately and will expire Feb,uary I, 2012. ADOPTED AND APPROVED this 4th day of February, 2008. ATTEST: Jan1es K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Scncs of 2008 . Loucrisllia A. Ellis, City Clcrlc By • • • RESOLUTIO 0 SERIES OF 200 A RESOLUTIO REAPPOI I lli ROBI WEDDLE TO THE UR.BAJ RENEWAL AUTHORITY FOR THE cm· OF ENGLEWOOD. co OP.ADO. WHEREAS, the En le"ood Urban Renewal Authority bas the starutory authonty to undenakc projects which II finds necessary for the physical development of municipal land use including the improvement of areas \11thin the City: and WHEREAS. Robin Weddle was a member of the Englewood Urban Renewal Authonty: and WHEREAS, Robin Wcddlcs tcnn expired February I, 2008; and WHEREAS, Robin Weddle has applied for reappointment 10 the Englewood Urban Renewal Authority: and WHEREAS. the Mayor, with the approval of the Englewood City Council, desires 10 reappoint Robin Weddle to the Englewood Urban Renewal Authority; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OFTliE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Robin Weddle is hereby reappointed to Englewood Urban Renewal Authority . Robin Wcddle's tcnn will be effective immediately and will expire February I, 20 13. OOPTED AND APPROVED this 4th day of February, 200 • ATTEST: Jruncs K. Woodward. Mayor Loucrishla A. Ellis, City Clerk I, Loucrishln A, Ellis, City Cleik for the City of Englewood, Colorado, hereby cenify the above is a true copy of Resolution No . __ , Series of 2008 . L,,,ucrishia A. Ellis City Clerk Bz • • • RESOLlrrtON NO. SERIES OF 2008 A RESOLUTION REAPPOrNTING JIM WOODWARD TO THE PARKS AND RECREATION COMMlSSJON FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS. 1he Ci1y has cstab(;sh,d a Park! and Rccrca1ion Comnussion 10 advise on all maners penaining 10 rccrea1ion: 10 prepare an onnlllll Parks and Rccren1i,,n Mas1cr Pinn and 10 review the annual Parks ad Rccrcalioo Budget: and WHEREAS. Jim Woodward is II current member of1bc Englewood Pw & Recreation Commission; and WHEREAS, Jim Woodward's current 1em1 expired Febrllllry I. 2008: and WHEREAS. Jim Woodward ha,s applied for reappoinunenl to lhe Englewood Parks ond Recreation Commission for ano1he-r 1crm: and WHEREAS. 1he Englewood Ci1y Council desires to reappoinl Jim Wood"ard 10 the Englewood Parks and Rccrealion Commission for another term; NOW, THEREFORE. BE IT RESOLVED BY TI IE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO.THAT: ~-Jim Woodwllnl is hereby reappointed 10 the Paro and Rccrc:mon Commission for the C11y of Engle"·ood, Colorado. Jim Woodward"s lcrrn wil l be effective inunediately and will expire February l. 2012. ADOPTED AND APPROVED this 4th day of February, 2008. ATI"EST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk for 1he Ci1y of Englewood, Colorado, hereby ccnify the above is o true copy of Resoiulion No. __ • Series of 2008. Loucrishia A. Ellis. City Clerk 8 aa • ORDINANCE NO. SERIES OF 2008 BY AUTHORITY COUNCU BILL NO. 5 INTRODUCED BY COUNCIL MEMBER OAKLEY AN ORDINANCE APPROVING i'J~ INTERGOVERNMENTAL AGREEMENT (IGA) ENTITLED "COLORADO'S WATER/WASTEWATER AGENCY RESPONSE NETWORK (CoWARN) MUTUAL AID AND ASSISTANCE AGREEMENT" BETWEEN MUNICIPAL UTILITIES DEPARTMENTS TO HELP MEMBER ITTILITLES DEPARTMENTS DURING EMERGENCIES. WHEREAS, the Colorado Water and Wastewater Agency Response Network (CoW ARN) is a network for municipal utilities departments and private Wa ter and Wastewater Utilities formed 10 help member utility depanments before, during and after an emergency: and WHEREAS, CoW ARN would provide a method for water and wastewater u11h1ies that have sustained or anticipate damages 10 receive intrastate assistance in a timely manner; and \'IHEREAS, CoW ARN was established because in past disaster,, ii was discovered that municipal utilities operations arc a spccialiud field with special requircmenl5 and the entity m need must be self-sufficient until the arrival of other government aid; and WHEREAS, Co WARN enables quick response time at local and state levels of government during n,tural and human caused events; and WHEREAS, Co WARN recognizes that emergencies may require assistance ,n the form of personnel, equipment and supplies from ou tside the area of impact, the signatory utilities established CoWARN; and WHEREAS. through CoW ARN, members coonlinate response activities and share resource$ during emergencies; and WHEREAS, the passage of this Ordinance allows the City of Englewood, Colorado 10 join this oe1work of municipal utilities dcp;111mcn1s and other uhlny departments during emergencies enabling quick response time at local and state levels of go,·emrncnt during natuml and human caused emergencies; NOW, THEREFORE. BE IT ORDAillED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS: ~-The City Council of Englewood. Colorado, hereby opproves the Intergovernmental Agreement entitled "Colorado's Wotcr/Wastewoter Agency Response Network (Co WARN) Mutual Aid and Assistance Agreement'' for mutual aid and assistance during emergencies, • aipy of which is anachcd hereto as Exhibit A. ~ The Mayor is hereby authorized to sign and the City Clerk 10 atl~'St soid Co WARN Mutual Aid and Assistance Agreement for and on behalf of the City of Englewood. 9 bi Introduced, read;" full, and passed on lim reading on the 22"' day of Jnnuory, 2008. Published as a Bill for an Ordinance on 1he 25• day of January, 2008. Read by tide and passed on final reading on the 4th day of February, 2008 . Published by 1i1lc as Ordinance No._. Series of 2007. on the 8th day of February. 200S. James K. Woodward, Mayor ATTEST: Loucrishia A. Elhs. City Clerk I, Loucrishia A. Ellis, City Clerk of 1he Chy of Englewood. Colorado, hereby ccnify that the above and foregoing is a true copy of the Ordinance passed on final rcading and published by title as Ordinance No._, Series of 2008, Loucrishia A. Ellis • • • Colorado's Water /Wastewater Age ncy Response Network (Co WARN) Mutual Aid and Assistance Agreement This ~greement IS made and entered Into b\' public and private Water and Wastewater Utllltles that have, by exectJting 1hls Agreeanent, manifested their lnient !o participate in Colorado's Water/Wastewater Agency P.csponse Network {CoWARN). Tills Agreement Is authoriztd under SccU011s 24·32·2113 ond 24· l!O· 101, et seq., of the Colorado Revised staMcs. ARTICLE I. PURPOSE Recognizing lhat emergencies may requrre assistance 111 the form of per$0Mfl, equipment, and supplies from outside the area of impact, the signatllly utllltles establrshed CoWARN. Thr,'IU!)h CoWARN, Members cooroinate response actlvrties and share resources during eme,genoes. This Agreement sets forth the procedures and standards for the adm1mstrat1on of CoWARN. ARTICLE 11. REFINITIQNS A. Emergency-A natural or manmade event that Is, or Is likely to be, beyond the control of the services, personnel, equipment, and facllltles of a Member, A short~9e of untreated (raw) 1,ater, a decline in well yields, or inadequate capacity for treatn,ent or delivery .>f treated water Is not an Emergency. 8, Member-Any pul>hc or private Water or Vvastcwat.~r Utility that manifests int ent to participate In CoWARN by cxecubng this Agre-?1nent C. Authorized Officiaf-An employee of a Member th.it rs authorized by the Memtx..r's govemrng board or management to request aSSistancl' or offer assistance under this Agreement. D. R"QUest1ng Member-A Member who r'!(!uests assistdnce u'1der CoWARN. E. Respondrng Member-A Member tha t responds to a requ!!St for assistance under CoWARN, F, P~nod or Assistance-A speafied period or time when a Responding Member assists a Requesting Member. The period commences when personnel, eq 11ipmen~ or supplies depart from a Responding Member's facility and ends when the resources return to therr facrhty (portal to portal). All protections Identified in the Agreement apply during this period. ~ spec•fit'd !'e,.,od of Assrstance may occur during response to or recovery from an Emergency, as previously defined, G. National Incident Management System (NIMS)-A national, standardued awroath to incident management and response that sets uniform processes a~ procooures for emen ,cy response operallons, http:/{wmv.fema.9QYlemergencyJnlffi1[rQdex.shtm ARTlCLEffi. AOMINISTRATION CoWARN shall be administered through Regional Committees and a Statewide Committee. The purpose of a Regional Committee is to provide local coordination of CoWARN before, during, and aft~r an Emergency. The Statewide Comm ittee will establish the regions pursuant to Its Bylaws. Each Regio nal Committee, under the Rev,scd I l/26/07 • X .. I a r T A leadership ,,r an ~!•!cted Cha1rperso,, Shilfl meet al least annually to address CoWAPr IS5Ues and to re-.icw • Emergency pre;>aredness and r<!Sponse procedures. The Chairperson of each Regional Commi £-e represents his/her Regional Comm,::te~·s in l"1'tS!s on the Statewide Cammi ee. In addition to representing lhe Interests of die t,<embers, the Stitewide Committee includes ~tattves from the Colorado Department or Public Health and Envlronm('OI:, the Rocky Mounlilin Section of the American Water Works Association, the ROCky Mountain Water Environment Association, the Colorado Rural Water Association, the Rural Community Asstsli!nce Partnclshrp, and the Colorado Department of local Affairs Division of Emergency Management. Pursuant to its Bylaws, the Statewide Committee may vote to indude representatives from add,tlonal organlzanons. Under the leadet..hlp of the Cha~. the statewide Committee members shaU plan and coordinate l::'llergency planorng and rcspon5e activities for CoWAAN. ARTICLE IV. REQUESTS fOR ASSISTANCE A. Member Contaa.s: Upon execution of this Agreem,mt, Members shan Identify an Authorized Ofllclal and alternates, provide cont:ilct informaUon lndudlnQ 2~·hour access, and maintain resource lnformauon made available by the Member for mutual aid and assistance response. The Regional Committee Chairperson shall maintain a 11st of all Members In the respectNe region and their contact inrormaUon. The Statewide Committee ChalrperSl)n shall maintain a master list of 'all Members of CoWARN and th eir contact Information, which shall be available to Members at www.cowam.o.rg. B. ReQ/J/!$/s for Asslst,,nr:e: In the event of an Emergency, a Member's (lUthorlzed Offlcla1 may request mu~ual aid and assistance from participating Meml>ers. Requests for assls~nce g~ be made orally or In wrltln~. W11en made orally, the request tor personnel, equipment, and supplles shall be prepared In WriUng, as soon as practlcable. Requests for assistance sha ll be directed to the Authorized Officials of th!! • pa,ticlpallng Members. The RequestJng Member shall provide the participating Members with the following lnfomiatlon; l. a general descriptlon of the damage sustained; 2. the · part of the water/wastewater svstem for which assistance is needed; 3. the amount and type or personnel, equipment, materials, all(l supplies needed and a reasonable estimate of the length of time they WIii be needed; 4. U1e present weather condlllons and the forecast for the next twenty-four (i4) hours; 5. a specific bme and place for a reptesentative of the Requesting Member to meet the ~el and equipment ci the Re5J)aldlng ~lem!Je<s); and 6. the lclennfica on of worlc conditions and special conmaints, such as avaffabllity of fuel supplies, lodging/meal SUppOrt, medical facilities, security, rnmml.Jlkatlolls, etc. C. Response to ii Request for Assistilnce: Alter a Member receives a request for aSSiStance, the Authorized Official evaluates whether resources are available to respond to the reqtJest: for ass!stince. Follo,,lng the evaluation, the Autho!ued Official shall Inform, as soon as P0SSfble, the Requesting Member wtiether It has the resources to respond. If a Member Is willing and able to provide assistance, the Member shall provide the Reql/eSti11g Member with the following information: 1. a complete descrlpUon of the personnel, equipment am! materta!S' to be furnished to the Requwfng Member; 2. the estimated length of time U1e petsohnel, ~ulpment and mateHals will be available; l fhe work experience ~nd ability of the per.;on neJ and the ,capability · of the etju lj)ment to be furnish ed; Revisecf lJ /26/07 2 • • 4. :he name oi the 1,er,,011 01 pe,sons to Ile de~1gnated as su;,erv,sory personnel; and 5. the estimated time when the assistan.ce provided "" dtrlve at the loca tion designated by the o\uthortzed Offiool ol the Req•,est ing Member. D. D,scretJOn of Responding Member's 4uthorfzed Official: E,xecut,on of this Agreement does not Geal!!..Mrf ~esoond 10 a regyest for assistance. When a Member receives a request for assistance, ttie Authorized Official shall rave absolute discretion as to the availabrhty of re~ources. An Authorl1ed Officia l's dec isions on the availability of resources shall be nnal. ARTICLE V. RESP ONDING MEMBER PERSONNEL AN D EQUIPME NT A National lnadent Management System (NIMS): When providing assistance under th;s Agreement, the Requesting Member and Responding Member shaD be organized and shall funct.,on under NIMS. B Control: The persomel and equipment of the Responding Member shat remain, at all times, under the Jlrect supelVision ~nd control of the designated supervisory personnel of lhe Responding Member. In Instances where only equipmeut is provided by the Respon'd1ng Member, the ownersh ip of said eql.ipment shall remain with the Resl)Onding Member, and said eouipment shall be returned to the Resj)OOding Member Immediately upon request Representa1lves of the Requesting Member shan suggest work assignments and schedu les for the personnel of the RespondinQ Member; howeve r, the designated supervisory persounel of the Responding Member shall have the exduslve responsibility and authority for assigning work and establishing work schedules for the p-rsoonel of the Responding Member. The designated supelVisory personnel sha ll maintain daily person~el time reco rds and a log or equipment hours, be responsible for the operat10., and malntenan:e or t'le ~pment furnished by the Responding Member, and report work progress tr the Requesting Memb!!r. C. Food and Shelter: The Requc,1ing Member shall supply re?sonable food and shelter for Respond,ng Member perninnel during the Period ol Asslstaoce. If the Requescng Member fails to provi~ foo( and shelter for Responding Member personnel, the Repondlng Member's designa ted supervisor Is authorized 10 secure the resources necessa ry to meet the needs or Its personnel . Toe cost for such resources must not exceed the state per diem rates for that .irea. The Requesting Member remains respons,'ble for reimbursing the Responding Member for all costs associated with providing food and shelter, ( the Requesting Mem ber does not provi de such resources. D. Communication: The Requesting Merr,ber shall provide Rt>Sponding Member personnel with r-udlO equipment as available, or radio frequency Information, In order to facilltate communications with local responders and utility personl'<!I. E. Status: Unless otherwise prov,,l<'d by law, the Respond ing Member's officers and employees retain the .xime privileges, lnimunities, rights, duties, and benefit:; as provided in their respective Jurisdictions. F. licenses and Permits: To the t-xtent permitted by law, Responding Member personnel who hold licenses, certificates, or permits evidencing professiona l, mechanical, or other slillts sha ll be allowed to carry out activities and task, relevant and related to their respectJve credentials during the specified Pei iod o( Assistance. Rev~ 11/26/07 G. l'.ig.~t t~ 11 thdra:,: TI1e R~pondn,g Member's Authorized Official retams lhe ng'll lo l\1~1a,;,w some nr ull . , f Its resources al any tune. Notice of intention to \\~thdraw must be commun.cated to the P.cqutSt·ng Memb~(s Autho,17ed Clffidal dS soon oS l)OS~ble. ARTICLE VI, COST REIMBURSEMENT Unless otheMise mutually agreed In whole or In part the Requesting Member shall rclmlxne the Responding Member for ~:,ch of the following cat~~ of costs iOOJrTed while providing aid and ~stance dur;ng the speafied Pc-,od of Assistance. A, Personnel: Re.ponding Member personnel are to be pal(j for wak completed during a specif ;id Period of A:dstance according to the terms provided in their employment co.1tracts or o:her conditions of r 'llp JYl)lcnt. The Responding MNnber designated supervisor(s) must keep accurate records of W<Jfk "!l'fr "llled by personnel during the specified Period of Assistance. Requesting Member reimbursement to the Responding Member must consider all P"..rsonnel costs, including salaries or hourly wages, costs for fringe benefits, and Indirect costs. 8. Equipment: The Responding Member shall be reimbursed for the use of its equipment during the Period of Assistance according to the Schedule of Equrpment Rate~ establlshecj and published by the Federal Emergency Management Agency (FEMA), http;//www.Fema.gov/xls/qov'ernmeoV.9~nt/pa(eriscb.fil. Rates for equipment not referenc~d on the FE MA Sche\:lule of Equipment Rates shall be developed hased on actual recovery or costs. C. Mater/sis and Suppl/~: The Requesting Member must reimb4rse. ~ie Responding Membe~ In kind or at actual replacement cost, plus handling char9es, for use of expendilble or non-returnable supplies. The Responding Member must not charge dlr~ct fees or rentcl charges to the Requestlhg Member ror other supplies and reusable Items that are reb.Jrned to the Responding Member In a dean, damage-free condltJon. Reusable supplies that are retumed to the Responding Member with damage must be treated as expendable supp:les for purposes of cost; relmbufserpen_t D. l>aymcnt Perkxl.· The Respondin3 Member must PfOVide an itemized bill to the Requesting Member for all expenses It Incurred as a result of providing assistance under this Agreement 11ie Respor,ding Member must send lhe Itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Requesting Member must pay t; ,e bill in full on or before the forty-fifth (<lstfl) day following the bil&ng date. Unpald bills become delinquent on the forty-sixtll [46th) day following the bllllng date, and, once delinquent, the t,,11 acO'UPS Interest at the bank prime loan rate, as reported In 1M Federal Rcseive Statistical Rl'k>.w? H.15, http://www.fl'deralreserye.oov1re1ea5eS1H1sJupdate/. ror the date the request ts made, plus I"<' percent (2%) per ann.im, computed on an actual days/actual da•,-s basis. ARTICLE VU. LIABIIJTY. INSURANCE. AND 1MMUNIJY Notwithstanding Articles V and VI, ead, Member shall bear th~ risk ofil!, O)l'n actions, as It does with II! day- to·day operatlons, and determine for Itself what kinds of insurance, and In what amounts, If sho~ld tall)'. Nothing contalne.i herein will corstiMe a wa iver by any Member of the provisions or the Colorado Governmental fmmunlty Act, C.R.S. § 24·10·101, et seq. Revised 11/26/07 • • ARTICLEVIH. SIGNATORIES Int~ e-:,:r,t OI ~ rJa•m, d•mand, a-Ion, or procte11ing of w1,a1ever kind Cl" nature a11~ng out rJ a !'l>Kified Penod of Assl!.:ance, ~~ose :.;,,'llbet) who 1ec~1ve o·id pr0\·1de ;,•,,tStance shall t,.~ :01.uy re-,pons,ole for any ~abih:y, damages, or c0<,t5. TI,ose 1·1f:mbers 1•.tin5e ~vo1,ement a the su!>ject 1,ans.ict1c,n or OCCUrren<:e ,s fmted to execubon o( this Agreement shall have no l.atiihty or r.espons,b,lity whatsoever for any such claim, action, dem,tnd, or othe1 proceeding. ARTICLE IX. NOTICE A Member that becomes d"are of a daITT1 or suit th~ .• ~ ,ny way, directly or Indirectly, contingently or c>lhe"-"1se, affecrs or might affect other Mem~rs of lh,s Agr,·~rnent shall provide prompt and llmely notice to the M.,mbers that n·av be affoct..'Cl by the sul: or claim. E.xh Member reserves the right to pdrtitlpall? 1n the cfcfen<e of such claims or ,u1ts as necessary to protect its own interests. ARTICLE X • .E.EFECTIVE DATE AND TERM This l\greemP.nt slW' be ~ffectlve after the Member CYecutes the Agreement and the applicable Region~! Committee Chalrpersc,n receiv~s the Agreement This Agreement shall continue in force and remain binding on each and eve1y Member until December 31st of 2027. This Agreement may be renewed for a period of twenty years upon l l1e slgn,Jlure of those Members who wish to participate. Any Member may terminate Its part1cipaUon In this Agreement pursuant lo Article Xl. A . "1CLE XI. wr1rfDRAWAL A Member may 1v,thdnw from CoWARN by rro•:ldmg wr,nen notice of Its intent to wtthdraw to the applicable Regional Committee Oidirperso~. Withdrawal lilkes eFect sixty (60) days after the Regional Committee Chairperson receives nooce. A w1lhdraw1ng Member alsc shall provide copies of t.he notice of withdrawal to the Slutewid.! Chairperson and all Regional Membe-s. Withdrawal of partiapation ,n CoWARN by a Member shall not affect the continued operation of th,s Agreement bct,,een and "ITlong the re'lla1111ng Members. ARTICLE XIl. MODIFICATION No provision of this Agreement may be modified, altered, or rescinded by individual Members. Mod"dlcations to tins Agreement .nay bl-duP. to programmatic operational cha~es lo support the Agreement. Modifications requue a simple map,~1 \/Ole c1 M!'mb<-.r.; w1lhm eadl reg,on and a unanimous agreement among the regions. The Statewide Comm1tw11 n,.,.1,1e,son mUSI provide wr1t;en not-ce to all Ml?mbets of approved mooficatloos l(I th,s Agreement. /,pplov~-d mod1foc 'IOOS lake effect s,xrv (60) da,.s alter t:1-P. date upon which notice 1s sent to the Members. ARTICLE Xlll. PRIOR AGREEMENTS This Agreement supersedes JU prior agreemenls between Members to the extent that such prior agreements are inconsistent with this Ag1cement. ARTICLE XIV. PROHIBffiON ON IHIRr £ARTIES AND ASSIGNMENT Of RIGHTS/DUTIi;~ Re,,,scd l 1/26107 This Agreement Is for 1he sole bene~t of the Members, and no person or entity must have any rig;,ts under • this Agreement as a third-party beneficiary. As<lgnment. of benefils arid delegatiOllS of duties cceated by this Agreement are p,oh1bi1ed and mu~t be without efiect. Now, therefore, In consideration of the covenants and obligations set forth In this Agreement, the Water or Wastewater Utility llsted here manifests its intent to be a Member of CoWARN by executing this AgreP.mcnton this _ da\· of ________ 20_, Water/WamwaterUhl,ty: _______________________ _ By:--------·----------- Title: ___________________ _ Authorized Officials: Name: ________________ Phone: ________ _ Name: _______________ _ Phone: ________ _ Namei ________________ Pho-nei ________ _ Name: _______________ Phone: ________ _ 24-hour contact: _______________ Phone: ______ _ Revised Jl/26/07 6 • • • COUNCIL COMMUNICATION Da te.: Agenda llem: Subj ect: February -1, 2008 11 a I Ordmancs ,mending UDC lo Denne E~ter ':led Slay Ho tel, Permit In 1-1 Zor,e Dist rict -Initiated By: Staff Source: Community De>elopment Department Mark Graham, Senior Planner COUNCI L COAL ANO PREVIOUS COUNCIL ACTIO N • At th e November 26, 2007 Council Study Session, Value Place rep resen tatives presented th eir development proposa l. • Following the Study Sessiori, Council authorized the City Manager to noofy COOT of Englewood's interest in purchasing COOT surplus property for economic development purposes. RECOMMEN DED ACTION Staff recommends that Council adopt a BIii for an Ordinance enacting the Planning and Zoning Commissi on recomme nd ati ons to add the "Hotel, Extended Stay ' definition to the Unified Development Code and add Hotel and Hotel. Extended Stay as permitted uses in the 1-1, Light Industrial Zone District. Staff further recommends that Council schedule a Public Hearing on Tuesday, February 19, 2006 to gather public inpul on the proposed amendment. BACKGROUND, ANALYSI S, AND ALTERNATIVES IDENTIFIED Early in 2007, City Council authorized a study of the market potenlial for lodging services in Engle•-vood. The ana lysis by Horwath Horizon, Hospltaliiy Advisors, LLC, dated March 9, 2007 lnd ic ,ted that 1here is market demand for lodging in Englewood. The study also no tes that there Is not currenlly a supply of modem, brand name, main-stream holel rooms in Englewood. While 1here are motels along South Broadway, they are old, not affiliated with national brands, and are not designed or maintained 10 be suitable for business or vacalion travel accommodallons. The Horwath study not only identified 1he potential demand for holel facilities, 1he)' suggested 1h ree locations in Englewood where the marke1 mighl support ho1els. In 1helr opinion, 1he main areas 1ha1 would be suitable for ho1els would be along Highway 285 be1ween San1a Fe and Broadway. Secondary a reds where hotels would lo cate Included along San la Fe Drive or 81 oadway near Highway 285. The oth er po1enlial ho1el areas sugges1ed by lhe Ho1el Sludy were near lighl rail s tations. After confirming a potential marke1 demand for holel rooms and understanding where in Englewood holels "ould be like ly lo loca le, staff reviewed Cily lan d use regu la1lons for ho1els. \\/hen Englewood re, ised land use regulations governing lodging In 2004, ho1els were Included In 1he ML•-8-1, Higl11,J\ Commercial Zone bu1 omlned 110m 1he lndus1nal Zones. Prior 10 re-• siructunng 1he Cot, land use regula11ons onto the Un111ed De, elopment Code in 1004, land uses perm111ed 111 1he commercial zones were also permilled ,n lhe industrial zones. Currenlly, hotels are not permi tted lnnd uses along most of Highway 285 or San1a Fe Drive ,n Englewood. Nei1her are 1hey pennilted on Broad" a1• "l1hin a block of Highway 285. Res1a1ed, ho1els are no1 currenll y perm111ed in locations \\here the marke1 \\Ould suppor11hem. ~urther, lhe current deRnilions limit 1he kinds of hotels 1hat are permllted. Hotels 1hal Include kitchen facilities such as "Exlen ded Stay Ho1els' are not currently permitted in any zone district in Englewood. There are severa l we ll known extended stay hotel brands represented in the Denver metro area: Residence Inns by Marriott, Extended S1ay America, Homestead Studio Suites. Extended Stay Deluxe and Crossland Economy Studios. Extended S1a1 Hotels may rent by the nigh~ week or monlh, but pro;ide their greatest discount to patrons renting for longer 1erms. They generally provide fewer services and fe\\er amenilies and pass those economies along 10 the customer. They lyplca lly do not provide breakfasts, swimming pools or conference rooms. Instead, 1hey provide refrigerators, slaves and microwave ovens. An lmeslor in Value Place is in 1he due diligence phase for developing a ho1el in lhe 1-1 zone distric1 on Santa Fe Drive. For 1ha1 project 10 be permitted, it \\ill be necessary to adopt a def,, 1i1ion for "Ho1el, Ex1enderl Slay' tha1 permlls cooking facill1ies in unils, and 10 add 1he land use 10 1he 1· 1 zone dlslrict. FINANCIAL IMPACT There Is no direct financial impact 10 1he City from ,,mending lhe I• I zone district regulalions lo include ho1els and ex1ended stay ho1els as permitted uses. LIST OF ATTACHME NTS BIii for ao Ordinance • • • • • ORDINANCF NO. SFRll'S OF ~(MIS UY \L IIIORII Y A BR.LFOR COUNC IL BLLL NO. 7 ll\'TRODL L EBY COUNCIi MEMBfR ____ _ AN ORD INANCE AMEND ING TITLE 16. CliAPTERS 5, 6 AND 11, OF THE UNlflED DEVELOPM EITT CODE OF 1ll.E ENGLEWOOD MUNICIPAL CODE 2000, PERTAl":iNG TO HOTELS AND EXTENDED STAY I IOTELS IN rnE I· I ZONE DISTRICT. WHEREAS. early in 2007 the Englewood City Council author11ed n study 01'1hc market roicniial for lodging SCl\1CCS m Engle\\l!Od; and WHEREAS, 1hc ana lysis indica1ed t hat 1hcre is markcl demand for lodging in EnglewooJ; and \\'I IEREAS. 1herc 1s n111 currcnil) a supply of moocm. brJnd name. mainstream ho1el rooms in Englewood: nnd \VII EREAS. 1hc s1udy id<n1ified 1hc po1en1ial demand for hotel foc1ht1es. supges1cd 1hrcc lncaunns in Englewood where 1he n\1rke1 migln suppor1 ll(llcls along I hghway 285 belween Snn1a Fe nnd Broadway wi1h s•-condary nrcns where ho1c ls might locale inc luded along Sama Fe Drive or Broadway nenr Highway 285 and liiµll rails s1a1ions; and WIIEREAS, Ci1y slalT reviewed C11y land use regufo11011s for IK•lcl~ nnd found 1ha1 when Englewood rc,'iMI land use regul:nions gov.:ming lodging in 2004 h1•1ds we-re included in the MU-B-2 Dis1nc1. and I lighway Commercial Zone but om111ed from 1hc lndustrial Zones: and WHEREAS. currc111 ly, hn1cls arc 11111 pcnnillcd la nd uses along n~1s1 of I lighwuy 285 or SnJ\la Fe •rive in Englewood nor arc 1hcy pcm1it1c-d on Broadway wi1hin a block of llighway }85. 1hus hl'lcls are 001 curr<ntly pcnniucd ,n loc,nions where 1he mnrket would suppor1 1hctn; and WI IEREAS, t he Englewood Plnnni11g and Zoning C'ommission recommended approval of this amcndmcnl al 11s January 23. 100S 1111.-.:ting; NOW. TIIFREFORE. BE IT ORDAINED BY 1 ! :E t'lrY COUNCIL OFTI II, CITY 01 1::NGLEWOOO, COLORADO. AS roLLOWS: ~-The Ci ty Council 01'1hc Ci1y of Englewood. Colorndo hereby aulhorizcs 1hc nmcndmem of'l Ille 16. Chapter 5, Sccuon I. Subs..'C11on C. Table I.I. "Table of Allowed UM:s". of 1hc Engle,,ood Mumc1p;il Cooe ~000 and lhe ct1actmeJ\I of1h~ new pm,·is1ons 10 read as follows: C Tah/1• ,,: Al/u1<rJ (,'sa 1 AU LE INSET· TABLE 16-S-I I: TABLE OF ALLOWED USES p PER,';IITTEO USEC • C.'ONOmONAL USE A • ACCESSORY USE l Tl:MPORARY USE L• LIMITEI) USE C·A ~ ACCLSSORY USI APPROVFO CONDITI ONAi LY 1.-A -ACCI .SSORY USE APPROVED WI rn LIMrrt,o USl: PROCEDURE Residcntiol Nonrcsidcntinl UscCalqory --, Use Type MU MU Addobonol R R R R R R R MU MU T I I Rqiulations I I I 2 2 3 3 B B s I 2 A 8 C A B A B I 2 A RESID ENTIAL USES Croup IMn11 f■dlity, C C p p l(>.5-2.A.I l•rR•ltpttl ■I C roup l.lvl o11 Croup 11\lo g facility, •m•II p p p p p p r p p r 16-5-2.A.I S mall fttalmfot a.ater C C p p 16-5-1,A.I lloustbold Ll~lng Li"e/v.ork dwe.Uio1 p p L I, 16-5-2..A.2 l\t ■nufa<IUrtd home park p 111-5-2.A-' Multl-unil d"tlli.na p p p r p p 1 ►5-2.A.-' O n e-unit ■tt ■<h •d d"•Ulna p r p r p r Ont-uall det■<btd dwdlin1t p p p p p p p 111-5-2.A.5 2 • • • Onc-unH d<tat bed dwtlting p p p p p p p o n a small lot T,-o-unit d,-dling p p p p p 16->2.A.6 PUBLIC/INSTITUTIONAL USES Animal S b d ter o t•fo r-profit a o i mal shdte r p p E m •rg•o cy Temporary Sbtltu llo u,lng shtlr t r. food shdttr C C All other b uildings and Gu,·ernm,nt and C ity f1dliliH DOI ll)«lfled !!!!!!•r p p p p p p p p p p p r t he PubU<llo s titutloaal Uses ••••gory Libra ry Public p p p Mustum/C ultural All uses p p p p I' A thletic fi eld C C C C C C C C p p Park a od Open Space Commuruty garde n C C C C C C C C Park p p p p p p p p p r p r . Religious Assembly RcUg io u1 i ostit'utio ns and p p p p p p p L L L L L auoclattd acctssory use-s S"bool Edueatioo lostltu!lo n p p p p r p p p p C Telecommun.ieation Fadlity AJtt.roativt tO\\tr structure p p p p p p p p p p p p (Su Cl,apur 16-7, "Ti!l~colftlltunftOliom. ,..for . . ---------.. . ~ -. I ~ . . and stondords) (microwave •nten.na. stttorized panel antenna, w hip antenna) Towe.r structure C C C C C C C C C C I' I' I Transporution FacDil) RTD m.a.intrnance facility p p Trans il cente r p Major utility facili ty p I' 16-S-2.U.J Utility Facilil)• (DOI including T,Jecommuaialtioa Facili~·) l\linor uti.Uty f•ciUty (as • C C C C C C C p rincipal us• ofland) C C C C C C OMMERCIAL USES Adult Un All types a• delinw in p p 16-5-2.C.I C hapter 16-1 I Cree.n.bouse/nursery, ra.ising p p Agricultural Un of p la nts. Oo"ers, or ours-tr) Jl>-S-2.C'.2 stock Anim a l beltor p p 1'eoneurua,, care I. p p Anima l Sales and Scrvk• Pet store (live animal u l•) p p p I' I' Sm ■U anim ■.l \.'derinary I. p C p p bospit•l or dinic Anembly b a ll or auditorium, p p An embly b aU rental fo r meetings or p p C social Mca.s lon.s 4 • • • Membuship organization p r C p r ,.,xcludln~ adolt usr) D,p,od,nt Care O.pead<J1t ar, c,a ier(l eu C C C C C r p p r C 16-S-2.C.7 than 24-bo ur an. any age) Amusement establishment C C C C C Physlal fitness center/spa p i' r p p Eoterta.in.meat/ Amu.scm cot: Indoor Tbe:atcr ■nd pf:rformaoce/cooc.er1 ve.ouc.. p r p p p 1101 lodudia g adult e nte rtainment Eo t<rtaiameal/ Amus,meol: Genoral outdoor r eer eatloo C C C Outdoor C h eek c.ubiug facility p p p Fioaoc.ial Institutio n financial institution, with L p p drive-through service Fin ■ncia.l institutioo, withou1 p r I' I' r drive-thro ugh servke f ood and ~,·erag• 54''"'1c• Bre"pub p p p p p Ca terer r p I' J\11c ro brcwe ~· p p p R t:staurant. bar, ta\'tro wi1b IF p p or "it bout o u1door p p ope.rations Restaurant. with dril'e-I. p p through sen'lcc Take oul and d e li very only p r C lini c p r p p p Ueallb treatme nt fadmy p p p McdicaUS cieotific Service Hospital p p p p Laboratory(d c ntal, medical p p p p r r or optical) Office. type I (general) p p r p p Office Office. type 2 (limilcd) p p p p p p p IC..S-2.C.H Retail •les and C rematorium C ·en·ice(Penonal Service) Dry cleaner, drop-off s ite p p p p p only lnstructioo a ,ice p p r p l lassage therapy p p p p p -. Mortua r y p Personal care p p p r p -n n n n -T 6 • • • and pb.oto lab, upboblery. printu, locksmltb, tailor Tattoo and bo-~y-pi•rdng p I' H tablt.b.,,oat T,mporary employment C C lf>-S-2.C-.11 business Equipment r e ntal L p r R et a il Sales and S•rvice (Repair and Rental) Repair s hop (not including p p p p p au10) P etai. Sales and Soni« (Sales) Anliqu,srore p p r p p ;\n g alltt)· p p r p p Auction ho use p r p Buy-bac k s hop, second b and, p p p lhri(I , consignment Conv~oie nt"e s lore p p p p C r oury/specialty food store p p p p p 101,rn,1 s a1 .. Location p p p Liquor 11orr p p p p p Pawnbroke r p p r 1().5-2.C.IO For Ts ,,. r ;r <= 20.0 0 11 Retail sales, gtn eral P/C r r s q. fl .. m cr eb a odist r p C if> 20,000 sq . ft.. o f i ro.)) lea.<a blc n oor ar ea Sthool Trade o r business school p p C r r 16-5-2.C.12 S1udio Radiol lelevis io n broa dcasting p p p studio, r ecording/film studio Ve h icle and Equ:p mt nl Automobi.lt pa" obr oke r p r r 16-5-2.C.III Auto m o tive l!Altt., r t ntal L p p 16-5-2.C.3 A uto m oti~t stn ice a nd r r ,e pair. i_oduding body o r reoderwork Automo tive strvkt a nd p I' repa ir. nof induding body or L 16-5-2.C.-I re.oder "o rk Automo ti,·t st.nice station L r p 16-5-2.C.S (gasoline faeility) Car wash, a u10 detailing L L L 16-5-2.C.b; 16-5-2.C.4 Comme rd al storage o f p r 16-5-2.C.J operable vehklu Fuel disp en sl n i: L p p . .. --. ~ n n ..,. ~ .... -~ 8 • • • (operable ,·ehides).principal use Parking area, surface(operable C C L L C r r l !>-S-2.C.9: veblcles).pri.nd pal use 1!>-S-2.C-1 Recn■tiooal ,·chides and r p boats, s a les or rcnta.l L Bed a nd breakfast p Visiro r Accom.m o dation Hol el p p £ I Hots! frtcndsd SY>' t W bo les•I< S al<s aud d islribution I p p MANUF-'CTURI.NG/INDUSTRlAL USES l ndun rial service, light C p p 16-S-2.D _l ,_ndust rial Servicf (TS/\ only) l.ndu5lrial .en1ce. heavy p M a nufacturing, Including Mai,ufaclurin,:, lig ht C p p 16-S-2.0 .4 Processl.ng, Fabrica.lion, or (T SA onl)) "5stmbl) llbnufacturini. beny p \Varcbousc/Stonge Fuel s l orage L L - lllinl•Slor■ge fa<ility I. p ---- O utdoor storai:• I. r S torage yard for Vf.bicles. I . r irquii,,u1t:ot,. m:1tcrial, a nd/or 16-S-2,U.6 s upplies \Vi rehousing an d/or storage L r Automobile wr,ckini:f sa lvai:e C p lt.-S-2.L>.1 y ard ·- Commercial i.ocioe""2.l or C llaz.a rdous \\'l i lt ba.ndlin ,: C C lt.-S-2.0 .2 Rtty diog operation. all p r \\·as tc/SaJ ,-.,:e processing occurs within 16-S-2.0 .5 tr.closed s tru.;-ture Recycling opencioo, some or (' a ll processini 0tc:-urs o ut.side (' 16-S-2.l).5 •n e.odosed s tructure S anitary senice (' \Vastc tra nsfer stalioo(no t . (' (' i ncluding hazardou s: waste) ACCESSOR Y USES -Stt Sutloo 11>-5-4 for a dditiooal regulations Hom e C are Accessol') Uses C-A A A A (Accessory to Principal One-Adult depend ent care A A A Unit Dwelling Uses OoJy) ~ . . . . A c. A A A A lnfanl/roddltr ho ro• A A A L-L-L· L-Largt c hild cue h orn• A A A A Care ta ker 'i qua rter A A A A Dormito ry A A A Ll ome occupation A A A A A A A 16-5-1.C. I Minor Ulili t) fo<iliry (IS L-L-L-L-I . L-L-L-L-L-L-L- acrnsory u.se of land) A A A A A A A A A A A A (t,..5-2.11.1 O lht r A<resso ry Uses Parlting aru (surfo<t) A A A A A A A A l t,..5-1.C.Z P arltin1t g ar•i:• A SaccUit e ilis b a nlr nna A A A A A A A A A A A A l b-5-1.C.J Se.rvi~ unit.s o r f1cility A A l b-S-4.C.-I S" i m ming pool A A A A A A A A A A A A l t,..5-1.C.5 T EM PORARY USES· Sff Sectio n 16--S..5 for od d itioual regulotio ns Car wash T T T T T T T T T T T T Expansion or replacement or T T T T T T T T T T T existing facilities 1-"•rnun market 1' T r T r Food \'c odor Carn T T T T T Mobile stonge (with or T T T T T T T T T T T ,. "ilboul building permit) R eal esla l e sales or lnsing ,. ,. ,. T T T ,. T T T T T office (also model homes) Outdoor S ales (c.g~ 1u1 sales, parking tol sales, season a l T T sal es. windsbie.ld repair._ s ales T T T from retail \e ndo r ~rt.s, t.t r.) S pr-dal c,·rnt (c-.g., ca,rnival, T T T T T T T T T T T T bnur,fair) Teots, CR oopies T T T T T T T T T T T T USES NOT See 16-S.t.B for proce dures and c-ritcri■ for approving unlis1cd usc-.. including untis ttd acctssor y ■od temporar, MENTIONED U St'S. 12 • • • • • ~ The C11y CClllne1I of 1he Cit) or Enilewood. Colorado hereby au1horizcs the amendn11.-n1 of T11lc 16. Chapkr 6. Secuon ~-Subset,11on F-1. Table~. I ... Minunum OIT-S1ree1 Vcluclc Parlm~ Rcqu1rcmcn1 ··• of1he EnglC\\ood 1umcipal Code !000 and Ille eruie1mem of1he nc11 pm, 1 11>111, 10 read a foll,111 : 16-6-4 : OfT. 1rrc1 Parking and Loading Requirement . F 0.ff-trt!t'I I rl11d1• Park111g Req111l'l!m,•111.rund De tg,L I. Amoun1 ofOO--S1rce1 Vehicle Parking ff abl e 16-6-4 I). Table 16-6-1.1 below scu fonh 1hc minimum required 1moun1 of 00"-s1ree1 ,·ehicle r ·ing pa es . In heu of compl)'in~ wilh 1hese s1andards. an npplicam may reques1 nppmval o f an al1ema1ive p.1rking plan. under Sec1ion 16-6-1 .1 EMC, "Ahema1"c Parking Plan,." TABLE JNS T: 13 T ABLE 16-64.1: MINJMUM OFF-STREET VEHICLE PARKINGJtEC:UIREMENTS -Use OfT-Strccl Vehicle ~ Additional Requirements --Porking Sumdard RESIDENTIAL US ES Group Living Dormitory, fraternity , I parking s pace p e r two sorority bflb I pa rking s pace p er 3 G r oup living f acilil), resident beds, p lus I large/sp«:ial or s ma ll parking s pace-for each 3 e m p loyees I parking s p ace per 4 u rsing bome r esi<kat beds plus I p arking •pace for u cb 3 employees R ooming and I s pace for eac h gu est bNI. io ad d ition 10 tbe one-unU boardinghou se dwelling req uirement Senior d tlua .75 park.ing spucs per r esidential complex unit plus o ne gue.st s pace for eac.h 5 uo.its lloUJeho ld Lh iog O n e-unit, detached o r 2 s paces p er each d wellir , a ttached dwelling unit Senio r citizen I s pact pu 2 d w<-llin~ 14 • • • resi<kntial c omplex (35 units, plus o ne g u est space pt:rce.n t o r mott of fo r each S u nits total unit• reservtd fo r ptnons 60 ycan a nd ol du) Two-unit and m ulti-(I ) S u ch parking s hall bt d esignat ed u o il d wtllillg: 1.5 s p a<es per each and l dtotified as parking for l h e Effid eocy. I-o r 2-d welling. occ u pants o f t h• build ing o nly. (2) bedroom u nit G u ests or Visitor P a rking for b uildin gs with S or more d welling units: I s poce Tw1>-1tait an d m ulti-2 spaces ptr each dwcllioJt for each 5 unit•. Suc b parking shall bt u nit dwdli og :,-or d esignated and lckntified a s temporary more bed room unit unit . pa rking for the use of gu ests or visiton o r the occupants of the building only. P UBLJC/INSTIT\ITIONAL USES ReligiouJ Ass embly I s pace for each 3 sulJ o r every 6 feet of btoch All length in tbt main assem b ly area o r audito rium Sdlool Education i nstitution -I s pace for n cb classroom elemen tary a nd a d m inis trative office Education institution -An area equal 10 1/2 the secondary g.ross floor are a in t.be structure Public Build ings A n aru equal 10 i n lb< All grc,ss ffoor area in tbc structure COMMERCIAL USES Assembly Afse_ml;ly ball or auditorium, h.aU rental I s pace for each 3 seal s for me<1lngs or socia l occa.siom Ente.rtaln.m e o .t/ A ruu.scmcnt: Jodoor A muse m enl facllilles, coon o llon facilities, dance baUJ. I s pace for tal'.b 3 seals a:ymnasiums., tbe.attrs, skating rinks 4 spaces pu lane, plus I Bowling alley additional s pace fo r eac h 2 employees Food and ~verage Service R estauraot,. bar-, 1 s pace per each 60 i quare lavern, wilb o r wllboul fttt of gross fl oor arta ouldoor operat ion, Medical/Scientific Service I space for <ach 2 patieor Hos pilal beds, plus I space fo r ucb 2 employ«s om,. 16 • • • All 11 s p••· per HCb JOO squor• fttt Retail Sa les and Service Uudtr 7,500 squirt f ttt: u •rt• equal 10 In oflbt All gro,s floor a rea; As applicab le, p l us a d equ ate 511 cklng 7,500 squa r e fttt gros s floor area and abo,·e : an sp i ces 1s per Sectio n 16-6-4-J below. area equ a l lo the gross Ooor a rea. Ve h icle ood Equipme nt I space for ncb 1 A ulom o tive s a les., o.mployees at mul.mum reDtal : em plo yment o n a s in gle A u tomoblle shift, pl us 2 spices for p1,-ubroker ncb 300 s quare fret o f sa les/offlc~ re pair~ o r m ■i ntt na nce s p•ce:. Visitor Accommodation I spate for eacb guest room, p l us I additional s pace for '""'h 2 UotcJ. tmployees. Parking for H01~l f;;almdcd con\.'e:o tion £a cillliH a nd d.i.nillg ~ ar<as in t be hot•I s hall conform "itb the rNJuittmenl$ set forth ""ithin. MANUFACTURIJ'IC/INDUSTRIAL USES Ind u strial Service A o area equ al t o 1/4 th• gross a.nd/or Door area occupied by the use in a m1J1ufacturin1? strul1un Wanbous~toragt C ustomer parking shall be A marked loading lane shall be pro\·ided at the maoas=,e r•s office pro,ided adjacent lo t he n t e.rior or cakuJated on the basis or o nt an)' structure In whkb s torage un.ils space for each six thousand are locat ed aod w he r e s uc h units have (6,000) square ree l o r n oor nea direct attt:Ss to the .exterior o f the Mial-stor■gt 10d open storagc, o r one space for structure. S uch loading J•ne shall be facili ty each one b1mdred ( I 00) st orage d early mark~ for t he exclush•e use of units or sp.aces.. wb.ic:bevu is the lessttt or said storage u oiU and greater. shall not be u,ed for the temporary o r Plus, 2 additional parking sp aces pe:rmaoeot storage or 1.o y itc.m. for employees sba .11 be pro,·ided at Loading Jann s bal1 be a minimum of the m.aoagcr's o ffice. nine feet (9') in width .. Wholesale An area ~qua l to 1/4 of tbe gr oss business floor a.rca or the st ruct-ure or structures. 18 • • • • W■rebouiiog a ud/or slor■ge Ao ■re• equal lo 1/4 of lbe gross floor area or the stnacture or structures. • • 19 ~-The Cit> Council of1hc C II) of E11glc11ood. Colorado hereby au1honll-s the amendment \lfTitle 16. Chap1er 11. Secuon I. Subst'Cllon F( 18). "Vis11or Accommodation··. of1hc Englc\\t>Od Municipnl Code 2000 and 1hc cnactmt,11 of the new pro11sions 10 read ns follows. 16-11 -1: Ust Cla ssl0c1lions I'. Cnmmtrrial /.,'.,~.,. 18. Visitor Accommod:uion a. Clmrucu:,istit:l , Vis:lor-scrving Ct1c '.:itier, th:H provide temporary lodgin1i 111 guest rooms er l,'IICSt unils. for compe,s: ,ion. 'nd with an average length of stay of less than thiny (30) da}'S. Accessc:) .sc. may include pools and 01hcr rccreat1onal fociht1cs for the exclusl\·e use of guests, limned storage. restaumnts. bars, meeting facilities, and offices. b. Sf'(·cific Use TJ'f'<'' ibis ca1egory mcludes 1he following use types: (I) Bed and Breakfast A commercial establishment opcraled in an 0\\1lCT· occupied, single-famil y dctacht-d dwelling unit, or portion 1hcrcof (including an accessory building). tha1 provides shon-1cnn visitor lodging (genenilly stays of thirty (30) days or less), with or wilhoul 1hc service of a morning meal only. and "here the operator lives on the p~. No more than six (6) guests may be accommodalcd al any one time. (2) Ho1el. A building containing guest rooms 111 which lodging is provided with or "11hout meals for compensation. which 1s open primarily 10 transient gucs1s. but mllY include a limi1cd number of pcnnanen1 guests, and where no provision is made for t110kmg in any guest room. Lll lllliel Extll)llcd Stay. A specific l\ tt of Usitor occommodation use A building comPinios L!USSt rooms in whl ,h lodvins is Provided in which access 10 £Yest msmu is arimarilv lhroYYh lobbies courts or halls with ur wi1hou1 mcglUQl comP£PSilliQD ~hich i3r ORSO ncimarilv to transient Mstl but WAY inslydp tlimitgl nmnber of ggm.,ornl RYSSl$ and whrn; mm 1sirnv; max t>c made for cookins 111 RYSist rooms Sec definhmn of 0 Yishor Acsommndatioo" c1l of the Ci1y of 1:nalewood. Colorado hereby au1horizes the 1cr 11 . Section l. "0.linition of Words. Tenns and Phrases .. , Code 2000 and 1he cnactmcn1 of1hc: new prov1s,ons 10 be ~ ThcC11yr amendmcn1 orTulc 16. of 1he Englewood Mui inscncd in alphabe1ica , Jcr and 10 read as follows : 16-11 -2: lnfinillon ofWords, Tt rmund Pbrutt. I/awl Exrnncfed £toy: 6 ~necific IYPS 2C,?si1or accommodaJion u>c A buildiov contamins sv;s1 rooms in which lod@iov is nrorided io which access to vuest rooms is orimarilv tluough lobbies couas 01 bnlls with or without meals for oomR£DYlion whkh 1s ooen rnmarilv to tron1i£PI 20 • • • • • • i;;~,.ll"1..11Jm:-m;41dr a lmu1wP1nh~r ,,r rra,i.1ncn1-l.'U~s1~1llil \l:bcr~..11ni.m.®1UL~ 1~r [gr srekiru:m,C\•••1 rooms .S.~• 1!..li1111L~n.l1 '"V"11,,;.A1,:s•m1n<!<laJJ~U.:· Scc1 ion 5. Section 12. Safc1y Cl;,usc.s Th• Col)' Cou ncil hcrehy finds. de1ennincs, nnd declares 1ha11his Ordinunct i• promulgmed under 1he genera l police power nf1he Cny of l'n~lewood, 1h.11 i1 is promulga1cd forihe he 11h. safely. and wr.lfare of the pubhc. and 1ha1 thi s ()rdmnncc is necessary for the pre.scrvn11on of hcallh and safc1)· and for 1hc pro1cc1ion of pub I ,c convenience and welfare 11,c CII)' C<>uncil further dctcnnines 1hat 1he Ordmnncc bears a rn11011nl rclatoon to lhc proper lcgislauvc ohJect ~ught 10 he obtained. Section 6. Sevcrabilnv If any clause, .iClltcncc. paragraph, or part of this Onlmancc or the Jpphcation !hereof 10 any person or circumstances shall for any relSOn be adjudged by a oou n of competent ;unsdiction invahd, such JUdl,'111Clll shall 1101 affect, impair or lll\'nlida1c the rcm.11ndcr of lhi s Ordmaucc or 11s npphca1ion to Olher persons or circumstances Scc1ion 7. lnconsisicnt Ordinances. All olhcr Ordinance; or ponions thereof incons1stc111 o r conflicting with this Ordmnnce or nny ponion hereof are hereby repealed le, 1he exlcnl of such i nconsis1cncy or conflict. Section 8. EfTcc1 of repca! or mo<hfic;ujon. The repeal or mod1ficauon of any provision of 1hc Code of the Cily of Englewood by this Ordinanc:shall 1101 release. ex1inguish, alltr, modify, or change in whole or in pan an) pcnal•y, forfe11urc, or hab1hty. eilher ci\'il or criminal, wluch shall have btcn illCUITcd under such prov1S1on. aod each provision shall be treated and ncld a> stJII rcmami ng in force for 1he purposes of susuuning any and all proper actions, suits, proceedings, and prosecutions for 1hc enforcement of the penally. forfe.lure, or liabihly, as well as fonhe purpose of sustaining any ;udgment, decree, or order which c:rui or may be rendered, enlcrcd, or made m such actions, su11s, procc:cdmgs, or prosecutions. Sccuon Q, Penalty. The Penally Provision of Section 1-4-1 EMC slmll apply lo each and every viola1ion of lhis Ordinance. Seel ion 10. Pursuant 10 Aniclc V, Scclion 40, of 1he Englewood llome Rule Chnrtt1", 1hc City Council hos dctcnruncd 1ha1 this Ordinnncc shall 1101 be published becnusc or ils s11c. A <'Opy is avn1lablc in U1e Office of the Englewood Cily Clc1k. lniro<!uccd, read m full, and pa.s,,cd on first rcadmg on lhe 4'" day ofl'ehrunry, 2008 . rubh~hed Ma 8111 for nn Ordinance on the 8th day of February. 2008. James K. Woodward, Mayor ATTEST: Loucrishia A Ellis, City Clerk I, Loucrishin A. Elhs, City Clerk of the C,ty of Englewood, Colorado, hereby certify that the nbove and foregoing is n true copy of a 8111 for an Ordinance, introduced, read in full . and passed on fi rst rc.1ding on the 4th day of February, 2008. Loucri shia A. Elli s 22 • • • • • • COUNCIL COMM UN ICATION Date: I Agenda Item: February 4 '008 1 I a II I Subject: Purchase and Sale of COOT Surplus Property Initiated By: Community Development Department I Staff Source: Mark Graham, Senior Planner COUNCIL GOAL ANO PREVIOUS COUNCIL ACTIO N • At the November 26, 2007 Council S1udy Session, representalivt--. f, om , J1ue Place presented their development proposal and requested that the Cii · ~i!•• ,t· ~ right of first refusal to purchase the COOT surplus property. • On July 16, 2007 Council discussed CDOT's fair market value price for the land and the new land appraisal commissioned by adjacent property owner, Jim Veno, 1ha1 resulted in a reduced asking price for the COOT land, RE COMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance authorizing the purchase of 1he designated COOT surplus property and sale of same for developing a Hotel. BACKGROUND, ANALYSIS, AN O ALTER NATIVES IDENTIFIED The City has considered the use of the COOT surplus prop , f tor at l~ast five years for various purposes. In 20D:i, a letter from the City to COOT proposeu three scenarios: •our first preference is to respectfully request that COOT se1 aside 1he properties and not dispose of them at th/~ time, This would provide us an opportunit y to carefully plan for Jolentlal future use In a manner most befitting our community. •If that Is not a feasible consideration, we would like 10 determine whether Cr,OT would be willing to deed the lots to Englewood or allow c Jr acquisition of the propert ies for a nominal fee. If nellher of the above options are amenable 10 COOT, we would like to enter Into negOlialions to discuss further options thar would allow Englewood ro acquire these properties.· COOT agreed to keep the property off the market unti l at least the following budget year. In 2003, the developer of the Drive-In Theater property, Embr~y Properties, requested lhat COOT give the surplus property to them so they could provide a landscape buffer to their new developmen1. COOT eventually Issued a revocable lic~nse agreemen l to Embrey tha t will allow them to landscape the COOT property sou th of the London Moiel. Voters passed RTD's funding measure dubbed "fasTracks" in 2004, "hoch included funds to provide additional parking in 1he So uthwest Co rridor and more paruc ularly In Englewood. One option that ,raff explored was to provide a pedestrian lunnel 10 access the wes1 side of South Sama Fe Drive and to acquire COOT surplus properrles and private property lor dev elopment of Park 'n Ride facilities. Though preliminary engineering and cost estimates for 1he 1un,wl made II appear fear,ble. subsequent engineering and cosl estlma res Indicated ii would be 100 e,penslve to build. CO .)T again offered to sell surplus property from a San la Fe Drive transporlatl on lmpro~ement pr oject to the taxing entities In 2006. Only Englewood responded this time. Jim Veno, a property owner of two Jdjacenl parcels, requested 1he City's involvemenl to facilllate land assembly for redevelopmenL City staff worked with the property owner, his commercial real estate broker ;_ polential developers. When 1he ho tel development project marured, the parties began serious negotiallons on land price . COOT established the fair market value for the land. Mr. Veno, the broker. the hotel developer and the City contested the land value. Mr. Veno commissioned an appraisal which valued the land significantly less than COOT. COOT compromised and offered the property at a lower rate which Is acceptable to the hotel developer. The Englewood City Charter requires that Council adopt a Bill for an Ordinance for the purchase and sale of real property. The contemplated action ls for the City to purchase COOT land adjacent to land owned by )EV LLC and under contract for sale to Value Place Hotel. Englewood would immediately convey the land purchased from (DOT to Value Place Rea l Estate Services, LLC for hotel development The proposed devel opment is a lour -s tory building with approximately 120 rooms, accessed through a central lobby and Internal corridors. The development proposal affects two properties: the COOT property and one owned by• private party. The COOT property Is vac.int •nd has been for more than a decade. Both properties are zoned I• 1, Light Industrial, which permits conimerclal, office and industrial uses, irocluding: outside storage, warehousing, manufacturir.►• o mles and contractor shops, but not hotels or extended stay hotels. Hotels were omitted from the I• l Distri-r when the Unified Develo pment Code (UDC) was adopted in February 2004, though they were permitted by right before the UDC. Staff presented the Issue to the Planning and Zoning Commission al a Study Session on December 4, 2007. The Planning and Zoning Commission cons idered s1aff's request to modify the UDC lo permh Extended Stay Hotels and to add Ho te ls and htended Stay Ho tels 10 the list of permitted land uses In tl1e 1·1 zone district at a Public Hearing on January 8, 2008. The Planning and Zoning Commission supports the proposed changes to 1he UDC and recommends that Council adopt an ordinance to make the c hanges. Fln•I approval on the proposed UOC change is by City Council. The c urrent vacant land does not generate sales tax and does not generate property tax on Improvements. The proposed S7.5 million investment in commercial buffding and site Improvements will generate significant new property tax. The City will capture use tax on the new development and ongoing lodger's tax on the operation of the facility. • • • • • FI NANCIAL IMPACT The cost of the vacant COOT parcel 1s $236,500 for a litde mo re than half an acre 01 land. The Oty an ticipates a simultaneous dosing on the purchase from COOT and sale to Value Place 1ha1 will no 1 require the City 10 posl any fund s. Th e City is not participating financially in the t1ansaction though staff time has been expended. Englewood will collect use tax on lhe new construction materials uf lhe estima ted $7.5 million development and collect a 2% Lodgln3 Tax on the 120 • 124 rooms expected lo rent for $209 per week. UST OF ATTACHMENTS Mip &ill for an Ordinance • • • Val~ Place Extrmhd Sliry Hold N ov<ml,e, 2007 • u s 2• i n • • • //aii UY All lWJIU I Y ORDINAN<.: h 1\0 ~1:Rll:S OF ~008 COUNCIL BILL 'll'l ~ INTRODUCFD BY C(Jl '-Cit MEMBER A BILL FOR AN ORDINANCE APPROVING TiiE PURCHASE AND SALE OF COLORADO DBPARTMENTOF TRANSPORTATION (COOT) SURPLUS PROPERTIES LOCATED ALONG SOUTH SANT A FE BY THE CITY OF IJNGLEWOOD, COLORADO FOR 1ll1l PROPOSED DEVELOPMENT OF A HOTEL. WHERF.AS. 1he Colorado Depanmenl ofTmnsponation (COOT) has surplus propeny ava ilable adjaccnl 10 lhe Highway 85/South Sa111a Fe Righi-of-Way, 330 1 Sou1h Santa Fe Drive, which is on ly available lo 01her local governments pursuant 10 a Righi ofFir.;1 Refusal; and WIIERF.AS, 1he development company -Value Place Real Estale Services LLC. or such ho1el franchisee as Value Place may dcs1gnn1e in the fulure , wishes lo purchase the surplus for the purpose of developing a Value Place Ho1el; and WHEREAS, the Cny is only acting as a conduit for this transaction and does 001 wish to incur any liabilhy for being such a condui1; and WIIEREAS. 1he Cily will purchase the COOT property for $236,500.00, end invncdi11ely sell the property 10 Value Place Real Esta1e Services LLC for lhe development of the Value Place Hoic:I for $236,SOO.OO; and WHEREAS, 1hcsc propeny exchanges will convey 10 the developer only whal lhe Cily receives from COOT: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OFrnE <.:ITV OF ENGLEWOOD, COLORADO . AS FOLWWS : ~-The Cny Council of lhe Ci1y of Englewood: Colorado hereby approves the purchase anti sale of the propcny described m "Exhibn A.- ~. n,c Mayor and the City Clerk nrc hereby mHhonzcd 10 sign and ollcsl a Oui1 Clni ,n Deed for 1hc sale of this propcny, inn fonn as shown on "Exhibit B" Ss!ili!!n1. The Cny Manager or des,gnce 1s hercl!y authon1.cd lo sign 1hc Closing Documcms for the purchase and subsequent sale of 1his pmpcny. Introduced. read m full. and passed on fir..1 read mg on lhe 4th day of February, 2008 -1 - Publ,sht-d •s a 0111 for an Ord111ancc on the 8th day of February. 2008. ATTEST: James K. Woodward. Mayor Loucrishia A. Ellis, City Clerk I, Loucnshia A. Ellis, City Clerk ofthc City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced. read in full, and passed on first reading on the 4th day of February, 2008. Loucrishia A. Ell is • • • EXHIBIT "A" PROJECT NUMBER: NH-FCU 085-2(51) IXFU 085-2(24) PARCEL NUMBER: SAR Rev. DATE: October 30, 2001 DESCRIPTION A remainder parcel of land No. SAR Rev. of the Department of Transportation, State of Colorado, containing 23,889 sq. fl ., more or less, In Lots 3, 4, 5 and that part of Lot 6, all In Block 1 of CARROLL ADDITION in the SEl/4 of the SEl/4 of Section 33, Township 4 Sou th, Range 68 West, of the Sixth Principal Meridian, In Arapahoe County, Colorado, said remainder parcel of land being more pa rticularly described as follows: Commencing at the NW comer of the SE1/4 of the SEl/4 of said Section 33; Thence S. 00° 13' 11' W., along the west line of said SE 1/4 of the SE1 /4, a distance of 44 .35 feet, more or less, to the TRUE POINT OF BEGINNING; 1. Thence S. 71 ° 35' 41' E., along the north property line, described In book 5902, page 1, recorded In the clerk and recorder's office of Arapahoe County, a distance of 287.41 feet; 2. Thence N. 20° 16' OB' E., a distance ol 93.79 feet, to th e north line of Lot 3, Block 1 of Carroll additi on ; 3. Thence N. 71 • 48' 42" W ., alonn 11-ie north line of said Lot 3, It distance of 144.71 feet; 4. Thence N. 89° 20' 05' W., a distance of 167.56 feet, to the NW comer of lhe SE 1/4 of the SE 1/4 of said section 33; 5. Thence S. 00° 13" 11' W., a distance ol 44.35 feel, more or less, to the TRUE POINT OF BEGINNING. The above described remainder parcel cont ains 2;':,,889 square feet, more or less. BA SIS OF BEARINGS: The astronomic bearing of N 88° 00' 18' W. from COOT control point "Platte' l o COOT control point #1-285 was based on a solar observation. Point 'Pllllle is a 3 1/4' aluminum cap In grass 'bell' 40' south of Hampden Ave. and 500'+/· west ol South Platte River Or. west. CP 1-285 is a 3 1/4 aluminum c-3p 30' south of Hampden and 1425' west of point 'Platte.' Prepared by and for the Colorado Department of Transportation James D. Styron/ 303-757-9924 2000 S. Holly St ., Den ver , CO 80222 • • • Dffil Form Eibibil B QUITCLAIM DEED TH IS DEED , mod< this _ day of ___ ~ 20~ hfh\Ct'O Tllf. DEPARTMENT OF TRA NSPO RTATION, STATE OF CO LORADO 11I th< C'II) i nd l·ount) of O.n,or and Su,te of Colon,do, gnn1orts). and 131 •<•. : Tll-""l•l'h'1 l': f • Jt\ .. ~·1~.'f1J""l f' -t fl ..... ~,. . . .dt!n P~., ~• h. i • ">!., l.AJ. '1(1_;1 ;•I!.: t-:: r,. t-Olt'3\:j 11 ho,c lcgnl 11ddrc~s I, of the Count) u( and State of Colorah, gnuuec(s), WITNEl>S, lhat the tp'IIIIOl(s). for and In cnn.<ldcration of the sum of$ DOLLARS and NOIIOOlh, the r,ceipt and .suffKlcn<) of\\hic.h is hcttby acla10.,.ledgcd, h ttmiscd. released. sold and QUITCLAIMED. and by these presents docs remlsc. release, sell and QUITCLAIM IIDIO th.. ~•cc(•). !heir h<irs, SUCCCSSOB and assigns forcvtr, 111 the ri&h~ title. inlrttSt, claim ind d<mand which the l!Jllllor(s) tw in and 10 the real propeny, 1oge~1or with improvcmcnu. if any. situate. lying and being in the Coun,y of Adams and S1a1e of Colorado. dt$cnocd as folio,.~: SEE ATTACHED I.EGAL DESCRIPTION FOR PA RCEL . ATTACHED HERETO AS PART OF EXfllBIT "A", SUBJECT TO any and llll eascmenu of record. and 10 any and all cxiSling utllilies as constructed. and for lhclr mairte11.111cc as necessary . F<lml<r Project Number COOT Pan:el Number: Project Code· TO HAVI: AND TO HOLD the sa me, together with all and singular the appunenances and privll<ges thereunto belonging, or in anywise !hereunto appcnoining. and oll lhe c.s1a1<, righ~ 1i1le. interest and cla im whauoev<r oflhe grantol{~). either in law or tqui,y. 10 lht only prop<r use, hcntfit and behoof of 1he l!J11n1ec(s) their heirs ond assigns forever IN WITN ESS WHEREOF. the gmuor(s) has execuw' th,s deed on the date SCI fonh above. Dougl■s W. Bennfll, Chief Clerk for Rl&hl of Way STATEOFCOLORADO I Cfly ■ad )u. Couoty or Deonr > DEPA.ltTMENT OF TRANSPORTATION, STATE O F COLORADO P•u,ela Hullon , P.E, r hltf Enalnter The foregoing ins1n1men1 was ackno" ledgcd before me this __ day of~ 20~ by Chief Engineer and Douglas W. BtMcn. ChlefCl<li< for Right of Way, O.panmt nl ofTransponation, SU11e efColoriido. Wimess m~ hand Md official sent . My ,omm.sslon txpires: P3ge l of l Lou Ellis From: Sue CarlIon-Sm1th Sent: Friday . Febru ary 01 . 2008 900 AM To: Gary Sears: Mike Flaherty: Dan Brotzman: Lou Ellis: Kerry Bush. Nanci' Fnlz, Susan WernIz: Leigh Ann Hoffhines, Audra Kirk SubjPct: Debbie Penn I just spoke \l~th Jim Woodward and Debbie Penn ca ll ed him abou t 1hc lcllcr appointing her to the Keep Englewood Beautiful Commission. She only wanted 10 be on the Parks and Recreation Commission and docs no t want to be on J.:EB. She has decli ned the appo int men 1. Please note the change on your agendas for Monday night. We \\ill add the va cancy on I-EB to the other u1cancics and will kl•t'p Debbi e Penn's applicc1 1ion on file 111 case we have an opening on P&RC in June. Thanks. Sue 2 4 2008