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HomeMy WebLinkAbout2008-10-20 (Regular) Meeting Agenda Packet• • I. Call 10 Order. 2. ln,ocalion, Agend,1 for th e Regular Meeting of the En glewood City Co un ci l Monday, O ctober 20, 2008 7:30 pm Engfe,,ood Cr.1c Cenler -(n1111<d (h.nnh,•I\ 1000 Englc\\OOd P.u~"•'\ Engle110od. CO 11(11 Hl 3. Pledl(e 01 Allegiance . 4. Roll Call. 5. Consider JI ion of Minules 01 Pre, ious Session. a. Mint1les from 1he Regular Cily Council M,;e 1l ns 01 Ouobt•r (,, ~0011 &. Retognil lon 01 Scheduled Pt1blic Comment (Please 1111111 ,•our l"•'"'IIIJh1111 lu lt•n 111ln111e,.I a. PirJW~r Ad,lser Sheil,, fon.:-s and some ol lwr fngl,~HH.id I hgh Sdu•d 11•urn.1h,1n ,iudcnis will addr~ss Council \\llh ,1reque,1 10, 11111d, """111""1 ,,,..,unu,l.u ,ll ll\111~, al Engle,, ood High School. b. Kell, Mowrey ,m d fellow ,1ude111s 1rom 1he Ad1,1111,•d l~,l lt·lllPIII 5p,1111,h Cl.," ,,1 En11lewood HIJll1 Sd1ool \\1II be presen l 10 ,iddres, roundl n•11,1nl111~ 1,1111l·r,,1,1r,~ ,1ssis1.1nce. c. Mr. Nol\,ood McFarland \\ill be presen l 10 Jddre» CII\ Coun,1111•~.11 ,111111 liw Englewood Pohce Oep,ir11nen1. ;. Recogniuon 01 Un>eheduled Public Comment !Please hm,11our prt·wnl,llmn 11 , lo\\' 111hu 11es. Time fo r unscheduled public commenl m,1r bt> l111111ed 10 ~5 nunult's, ,111tl 11 , 11i1ed, sh,1 11 he co111mued 10 C~nera l Dlscussio11.) l'lt•.t"<" lh•lt~ 11 ,0t, 11.-,f' .1 ,fk..\1,-f\ .ind 1tf'Pd ,\1.1\.l~.il'\ ,w,h OJ "t't\h '""' 11'.•..t'I• '"~111, d .. < 11\ 1,1 I 11o1,l4•,,, 1 l(lJ..:"b~-.?JO) JI lt-,1\I 48 houn m ,1J\:anc:" <" \\lwn '°'""""~ Mt" Ot'f~h .. t £n~,oot(1r. loon..:il "-1t•"f1'b Ot 1,1bN ~n Xl(;A r,,,P: 8. Communications. Proclamations, and Appom1men1s. a l<'ll <'r ir<>n, :-.:lcole Kellev announcing lier resli:n,,1lon mun 1lw l\,•1•11 I 11~1 .. ,11,n,I Beau111ul Comm1ss1on. b. Proclamation declaring the "ee~ 01 Cxtober l'I 1hrough .:~ . .:1w111 ·" ,,111os1.1I ,.11,• '"' Retirement Week. 9. Consent Agenda Items. a Appro\al of Ordinances on First Reading. b. Apprm al of Ordinances on Second Reading. I. Council Bill No. "8, au1horizing an lntergo, ernmenta l Agreement wi tl1 Arap,,l1oe County to accept JOOS Open Space Grant funding for the Platte R" er Bike/Pedestrian Bridges projec t. Ii. Council Bill No. 70. authorizing an In tergovernmen tal Agreement between the Police Department and 1he Internet Crimes A~linsl Children Regional Task Force. Iii. Council BIii No. i 1, au1horl1ing the execu1ion of a M,11ch1ng Cran! Appltca11on in the amount o( 55,000 and agreement /or the JOOS Go, emor\ Energy Oftlce l11sul,1te Colo r,,do Program for e~istlng homes. Iv. ColUlc 1I B,11 No. 72. approving Supplement # 164 10 the Connector's Agreement lor inclusion 01 a property Into 1he Southga1e Sani1allon Dimlct. c. Resohnions and Molions. Recon1n1endallon from the City Manager's Office lo appro\'e a re1olu1 ion au1horizlng a Memor,mdum of llnderslanding '"lh 1he S1a1e of Colorado ior 1h~ Gmernor's Energy Office Energ)' Periorm,mce Con1r,1Cling ProgrJm. STAFF SOURCE: Mi chael Flaherty, Oeput~ Cit) Manager. 11. Recommend,11ion from d1e Lildelon •Engl..,,ood W,,sle\\ater Trea1me111 Planl Supen isory Cnmrnillee tn ,,pprovc, b1• motion, 1he purchase of ,1 manure spreader. Stan recommends a\\ardrng d1e bid 10 1he onl1• respons1\e bidder, Kuhn Norah America, Inc., In 1he amoun 1 oi $6q,97~.61. STAFF SOURCE : Stewart H. Fonda, UtilitiH Director and Jim Tallent, Operations Divis ion Manager. Pl1•,1w note-If ~oo h,I\(• .l iJ,,,1bd11\ ,md nN•d ,ni,111,\r\ ,,id\ o, srf\1ces plr,lw no11t\ 1hr f1~ QI lnAl<..,,oocl lOJ.-b~-~-1 l;I .u 1(-.~1 J .al hour\n, .wh.wwro(\\IW"n 'W"f\kt"'t arf' ~Nf • • • • • • rnJ,\I",\ '(!\I f,I\ C1111n,1l ,\~1•m l,l Otttil •·r W. WOS r.,~,· J I 0. Publ ic He.1rlng Ite ms. a. Conunu,,uo n 01 d Public He.uing 10 gather input 011 Counc,1 Bill No. &5, a proposed .imendment to the Umfied De, eloprnent Code esl.lbh,hmg an e'Ceplloo to the minimum lot 111dth Jnd area requir~nwnts tor subdi\ ision ot properties in all R-1 zone districts. I I. Ordinances. Resolutioos and Mo11oos a, Appro, al or Ordinances on First Reading. Counci l Bill No. 57 -Recommendation from the Department ot Flna,,ce and Administrative Set\ Ices to adopt a bill for an ordinance appr01 ins the 1008 Mill Le-1 for coflectioo in W09. STAFF SO URCE: Frank Gryglewicz, Director of Fin~nce and Admini strative Services. ii. Cou ncil Bill No. 69 -Recomm e nda tio n fro m the Commun ity Development Departmen l to adopt a bill for an ord inance amend ing the Unified De, elopmen1 Code pertaining to flags in the Sou1h Broadway Business lmpr01 ement District. Staff also reque.ts that Cou11<.il St!I a public hearing (or NO\ emb;>r 3, 1008 to g.11her public tesrimonr on th,s issue. STAFF SOURCE: Alan While, Director or Com munity Development iii. Council Bill No. 73 -Recommendation from the Publi c Works Department to adopt a bill for an ordinance amending the Engle-,ood Municipal Code pertaining to Concrete Utilil) fees. STA FF SOU RCE: Ri ck kahm, Public Works Director. b. Approval or OrdiMnce~ 011 Second Re,1ding. Council Boll No. 61. ,1dopting the WO'l Budget lot tht> Oty of Engle" ood. ii. Council Bill No, 56, appropri,11h1g nonds fo r the 200'.l Budget for the Cit\ or [nglewood. 111. Counetl Btll No. SQ, aPi)tO\ ing. the 1009 Budget fo r thl' Littleton/Engle" ood \VJ~te\\at~, Tre,11ment Pl.lnt. ii. C/Jtmctl Btll No. 60, appropn,11i11g fw1d1 fo r tl w WO<l Budget ror the Llnl~ton Engie11 <md Wastew,iter T re,11111en t Pl,1111. 1°1r,N"OOI• 11 ,,,u h,nt" ,a ~11?1, ,"1,1,.,'l-tl ,,m.i11,u, ,11d> Of "('nt1 ~ 1.&t-,1~• rw."\J" IM' 01\ Of [n1'k .... \ood H1J.:"6.?•J-WS1 ,11 k•,,sl .ae horn~ ln .ul\,1n(t• Ot \\h111 Wr\lt 1•~ .u~ tk."('d,-'1"1 fn~,•\\tt.i I C 1h c 1t1clt '('"' 11 l'), 111l ,1·t .!,t .!1IU8 l'.tctt· ~ R1'( ,11111w 11d,,t11>r1 1n,m th,• D1•1>,ulmen1 m Fin,,nce ,ind Admin islrJ li,e Services 0 ,·1 ,,111111,·111111 .1pptnh' a ,..,,~u11-011 dulhonzmg a ~uppl<'1n11111ill appropri.ili<>n 01 $hq tKkl m1111 lh~ L.rncht Jpe .ind Frne Ans Fund for lightmg lmprm ements, w n<1t•lt• .111tl t•l,•l1111,1I ,~p.111, ,ind holod,l) decor,11 ions. STAFF SOURCE : Frank Gr)gk'\\ia, Director of finance and Administrative Services. R,'(ntnnwnrl,ulon 110,n the DepJrlmen l 01 Finance an d Adrnlriistratl\e Services Oep.irtnwnt 10 JPP"" e ,, resoluuo n authonzing an amendment to the City of Engle" ood Pnln.e Omcers Pemton Plan mcreasing contributoo ns 10 ten percent. STAFF SOURCE: Fr,,nk Gryglewlcz, Director of Finance and Administ rative Servires. I J. General Oiscuss1on. a. Mayor's Chnice. b. Council Member, Cho,r,• Mution to hrlng fo n, .ud -.c,s l LMC Unla\\ful Acts ,ind Assemblies, 13. City Manager's R~port 14. City Atto rn~,, Repo rt 1 5. Adjournment. Pl.rolSl' I 1Qf(' II ,uu h J\f.>" dr•.d M~t\ .M"11f n~~~1.,u\1b Ir\ ,titl, r-i ~-1\M '" 1.&.• 1~,· Iw,1,f\ tl u• t d\ <•1 1111:h•~\tv.<l JOl-:"t.2•24051 -'I lf.Jil -18 hc:N.tr,. in .1d\.1t., f' ()I \\f,...-i ~•n.tc'"' u,• 1.,....1, I • • • • • • Call to Order ENGLEWOOO CITY COUNCIL ENGLEWOOO, ARAPAHOE COUNTY, COLORAOO Regular Session October 6, 2008 The regular meeting cl the Englewood City Council was caUed to order by Mayor Wocdward al 7 ·48 pm 2. Invocation The invocation was given by Council Member McCasl1n. 3 Pledge of Alleglance The Pledge or Allegiance was led by Counctl Member Mccaslin. 4, Roll Call Present. Absent. A quorum was present Council Members Jefferson, Moote, Penn, Oakley, McCasfin, W~son. Woodward None Also present City Manager Sears Assistant City Attorney Reid Deputy City Manager Flaherty City Cieri< Ellis Deputy City Clerk Bush D~ect0< Gryglewicz , Finance and Adm1n,strative Services Director Fonda. Utllltles Direct0< Black, Parks and Recreabon Director Kahm, Public Worl<s Director While, Community Development Sen,or Planner Langon, Community Development Economic Development Coordinator Hollingsworth. Community Development Housing Finance Specialist Grimmett. Community Devel:>pment Eng1neertng/Cap1tal Projects Adm1mstrat0< Henderson. Publtc Worl<s Deputy Chier or Pollce Coll ins Fwe Chief Pattaroui 5 Consideration of Minutes of Previous Session (a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER McCASLI N SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 16, 2008. Mayor Wooctward asked ff there were any correcbons or mod1rica1ions There were none Vote resul15 : Ayes Council Members Penn, McCashn, Mocre, Woodward , Jefferson, Wilson. Oakley Nays None Englewood City Council October 6, 2008 Page 2 Molion earned 6 Recognition of Scheduled Public Comment (a) P1rateer Adv ise r Sheil a Jon es and some of he, Englewood High School jo urnalis m studer,ts were scheduled to ad dress Council with a request for funds to support co-cu rricular aclivllies al Engl e·vo od High School. They were not present. (b) De .~\ Bell , an !;nglewood re side nt , said bas ically I am he re ton ight just to talk a little bit about the proposal that you guys will be voting on and just to describe 3 little b11 about what life is hke now that Swedish has implement ed their non-smoking pohcy My wife Stephanie, and I .;re both non -smokers and we nave lived in Eng lewood for about three years now And up until now , Englewood has been a great place to hve . But the last two months has really put a hardship on ou r family and on our qua li ty of li fe . And tonight we are here lo discuss a problem that our neighborhood has had to deal with si nce they passed the ir non-smoking policy and began enforcing the non -smoking ordinance along the streets and sidewalks around Swedish property . But , before I go into that , I just want to thank the City Counci l for givi ng myself and others the opportun ity to comment on Swedlsh's non -smoking p!'licy and ord inan ce that you are going to be voting on ton ight. And , I just really appreciate you li stening to ho,. it has impacted our commun ity and our li ves I am speak in g tonight. for :iot oniy for myself , but for other neighbors as welt . We all feel that Swed ish has basica lly push'JJ th eir ~moki:ig prob lem into our Mighborhood and left ii up to us to deal wit h now. I have a pelition that inclu ,1es names and add re sses of othe r ne ighbors . who share the same concerns, but they were unable lo make it to night. So , I'm not sure if lhat is something that I can provide Into lhe record at a later date, but I will give you .~at when I finish up here , Thank you , Mayor Woodward sa id you can give ii to the City Clerk . Mr. Be ll said the petition essentially lays out the problems that we have had to deal with since 1he po licy went into effect and then ask fo r your help. What I would like to do ... and my in tent 1s really to jusl highl ight the personal specifics on how the non-smoking policy, and the proposal lhal you are voting on tonight, has really impacted my wife and my life . And just in case you are not familiar with my address , we are directly adjacent from the emergency room . So , when people come out and they are dealing , obv iously, wit h a lot of stress and pressures and have that cigare lle. they come by my house and smoke now . So, lhe increased loitering Is someth in g we have had to deal with . Every hour of every day we have Swed ish &.nployees , pat ients , guests and contractors smoking along ou r streets , our sidewalks, our alleys , ou r yards . We see employees urinating In our alleys and see pat ients vomiting in our yards and people laying aro un d and sitt ing in our ya rds . We have also seen a dramatic Increase in the litter Swedish employees , the palients , the guests and the contractors regularly leave ci garette butts , coffee cups and othe r tra:h in our neighborhood , We have also experienced a lack of privacy now . When my wife and I have a window open , we now can hear groups of people talking outside of our w,ndow when they come 0'ler from ~wed1sh to smoke . We have been woken up m the middle of the night by Swed ish smo kers smQki:ig ton J ou r sidewalks and we have als o had Swed ish pat ie nts., gi:ests , employees and contracto rs looking In our wi~do ws as they smoke around our house . Also , secondhand smoke is someth ing that we have to dea l w1lh. My wife is 26 weeks pregnant We are expecting our f1rsl child on January 6". We are very excited about that, bul we are very concerned tha t we now have to breat he In seco ndhand smoke of Swed ish employees, patients, guests and the.r contractors . Whe n we eat at our din ner tab le, we smell secondhand smoke When we make brea kfas t 1n the morning , we smell secondhand smoke Whe n we get out of our car , when we walk along our sidewa !~. when we are sitting on our cou ch reading a book , we smell secon dhand sm oke com in g throug h our windows and coming throug h ou r swamp cooler Env ironmen tal contamination is an Issu e that we are now having to deal wi th The drai n at the corner of Pennsylva nia and G;;.,,d I~ consis tently filled with cig arette butts . Th is is the sa me drain that says no dumping ... il drains in to a river . It is not simply a health concern , but we are dealing wit h an environmental concern as well too, The safety along Girard is also a concern that we have . We live directly across from the emergency room. You see am~ulances driving prelly qu ickly to get mto the emergency room and they now have to be concerned with all those patients , employees, customers , conlraclors coming over from Swed ish crossing ·Girard to smoke It is a very heavily traveled street and my wife and I and others have seen cars hav ing to slam on their brakes to avoid smokers from Swed ish com i~g over to our properties to smoke and into our nei ghbor hood As our Counctl members , we ask you to help us work with Swedish to Insu re the following problem s stop We fe el hk e that by designating a smoking area on then property , It wi ll eliminate all the proble ms that were Just presented It 1s a responsib le way fo r Swedish to take ownership of lhe,r problem and to stop pushing it into our neighborhood • • • • • • Eng lewood City Council Oc tober 6 , 2008 Page 3 We also feel lhat they should Iake an actove approach by curbrng the affects or smoking by provrdrng poss ibly educatronal material and a smok ing area lo help educa le I heir employees , educate lherr palrents , edu;;ale !heir guests , educale lherr contractors instead of the prohrblllonost approach by pushrng rt into our neighborhood Myself and my w,re and other nerghbors have trred multiple limes by e-mail and phone calls lo reach anyone al Swedrsh 10 talk aboul our problems and to respond to our crres fo r help And when we vrsd Swedrsh for help , we are routrnely told by the securrty guards that basrcally rl Is not the ir problem anymore Once they cross the street. rt rs our problem to dea l wrth and we need to ta ke II up wrlh the C11y And personally , speaking on behalf ol myself and my ne ighbors. we would rather our pohce force were oul there catchin g criminals rather than pohcrng smokers off Swedish property and onlo our neighborhood . We think 11 is a l ime belier spent. nol only of their time but our tax dollars as well too . Employees , guests . patients routinely tell us that Swedish te lls them that lhey have lo cross the street and go into our neighborhoods lo smoke when they leave lherr property . So, we jus t fee l rt is Irrespons ible for Swedish to basically push people Into our nei ghborhood to smoke . In closing , again I want lo th ank the City Council for allowing me to put my concerns on the record for lhrs issue , I recognize , as a non-smoker , what Swedish is try ing to do My unc !e died of lung cancer , so I am very sympalric lo the Issue that they are try ing to push , but qui te frank ly, they are doing ,t the wrong way and they are doing it at our expense . And tonight. City Council Members , you have the opportunity to help myself, help my wife, help my unborn child , help ou r neighbors , just have a peaceful life . Thank you for your lime. Mayor Woodward sa id thank you . (c) Teresa Heidrick said I live over by Swedish Hospital on olo Pennsy lv anra Street This problem with Swedish ... Swedish Hospital is located in a residential area . That's d,ff~renl from the olher hospitals that have issued this non-smoking ordinance That's because there is no one ar,un d there 10 complain aboul the other hosp ilals . Bui Swedish ts right In the middle of our residences . I th ink that th is is their problem lo clean up. The problem started around August 1 a" , or around thal time, !hat's when I noticed all of lhe loiterers , There would be 10 people on the corners and all or these cigarelte bulls .. I called to complain so many trmes lo the City I've ta lked to the pohce . I've la lked to numerous people al Swedish and Swedish says you need lo cal! the City The City says thal it's a Swedish prob lem . The police said there is nothing they can do unless lhe • -0ple are trespassi ng, which lhey do all of the llr,e, but you call and they are done smok ing their c,garetle ·, ' on 10-1 5 minutes so by the time anyone would get there, they're gone They Ires pass on the property all of u,e trme . fhey lrlter Swed ish has hired mairilenance people to come, da ily, to sweep up the sidewalk steps Tha t's hnw I know they are culpable in th is problem , because they have hired someone lo come clean up the sidewa lk~ It's caused so mant issues with safety, wllh child ren , cost issues with our property values It's nghl by the emergency room . so the emergency vehic les trave l at a fasl pace right past our ... meanwhile lhe people are crossing over, nghl there , to smoke their cigarelles I th ink lhal's a real safety fssue rig ht !here, for one thing . Pal ie~ts who come across ... rve seen palienls ... there's a pahent , ma gown, wilh an IV, she was ro lhng her IV across the slreet. and shP. sat !here and smoked her cigarelle , wh il e talking on the phone , sitlmg on property roght on the comer .. srllmg down, and smoking her cigaretle wilh her IV and then she was on the phone She was the re for probably one -half an hour and then she went back in lo the hospolal I see pahenl s in hospital gowns over there . I've seen em?loyees and I was told by Swedish t~at lhe rr employees are nol 3llowed over there , are not allowed to smoke , and they said lhey give !hem Nicoretle gum or pal che s when a v,s,:or or patient comes there , ,n place or smok ing , I do n'I think that really helps Some of the patients lhat do cc .ne . thai have a vIsIIor name tag , when lhey leave and they come back ,n , lhey aren't che.:ked aga in the second II,i, • fo r !heir v,srtor I think that is a safely issue for the hosprtal , also We have little children on our streeI rrght by the corner there a lo t of children and they are oul !here playing They 're walch in g .. first of all they 're walch,ng all of lhese people si lting there smoking They 're being exposed to the second hand smoke The people , they don 't Jusl stand there and keep to themselves . lhey talk lo people as the y walk by , making contact and talk ng to us and lalk,ng to l he children and I don 't lh ink thal's safe for our children It's lrke slranger-danger . I don 't hke that I don 'I like them looking on our windows and seeing when we come and go, makmg small talk with us I don'I wanl them looking ,n my window I don 'I wanl them to know where I am . The police said we should go up to them and tell them something I said I don 't want to have retribution against me . I don 't war,I them lo know ng hl where I lrve and they will come and do somelhIng and I don't wanl any re lribulron I worry aboul that Our property values , I think , arP. rea lly decreasing because of all lhe smoke of the people loilering around . s1andmg !here They stand !here and lhey come lo our alleys I jus l notice it all of the time now , I think thal Swedrsh shou ld rea lly handle l heir prob lem 1 lhlnk lhey need to address the issue They need to crea te their own Eng lewood City Council Oct obe r 6 , 2008 Pago 4 smoking lounge. someplace for smokers I don t thrnk a rs a good soIuoon :or them lo have no smokmg because lhe peop!e there are rn a really high stress s1tuaI10n The v1srtors 10th s hJsp1lal ,. they'll come ou tside and want to smoke somewhere and I thrnk Swedrsh should provrde a place for them lo smoke I ah:o would really appreciate 11 of lhe C1Iy were to ,ssue an ord,nance lo place some non-smokrng signs r,ghl along between Pearl and Pennsylvania Street for non smokrng all along that area I wo"ld love lo see that proposal I think lhal 1s one 9000 reSOlullOO Thank you Mayor Woodward said lhank you (d) Andrea Lacina was not presenl Mayor Woodward said Ms Lacina has provided a feller lo us • ,n our packets He introduced her letter onto the record ·To lhe Englewood City Council My name is Andrea Lacina, an EnglewJod resident , sa,d I ltve with my husband Brian about a half a block down the street from Swedish Hospital. I would toke to express on wntlng to the Englewood Coty Council, and by extension to the Admlnostrauon of Swedrsh Medocal Center, my disappointment with how the Admon,strahcrn of lhe Hospital has behaved with regards lo enacting their No Smoking Pol,cy . I am disappointed with the utter disregard and dos,espect towards thi residential ne,ghl>Ols surrounding their hospital, particularly those dorectty actoss the street from the Em ergency Room The staff and patients are sanct10ned by the Admfnostrallon to toiler on lhe two corners across from the emergency room to smoke their clgarelles, whereupon th ey leave cigaretle bulls. hazardous waste products, and on occas,on vomrt on the lawns and srdewalks of those neighbors I am astonished lo observe this standard of care given to patients. (Also. I am cunous how they boll Insurance comparies when lhe patients, for penods of time. are located across campus ) I am surprised that In this competiuve marl<el they want this to be one's first ,mpresston of the Hospital lack of supervis10n or palients, staff, and a dlStespect and disregard for It's neighbors. As an RN . I am very fam,tiar wllh a nearby hospital whrch enacted a simttar No-Smoking Pol,cy for the!r fac,ltty, I am struck by the contrast In lhe rendering of the policy It was done with a great deal of sensitov,ty to their res,dent,a l neighbors Staff was told ,n no uncertain • terms lhal this new pohcy would not permit staff or patlenls to smoke :n front of the houses in lhe ne,ghborhood It os nol keeplng with theor Commun,ty Values We ,n the ne,ghl>Olhood are especiaDy concerned about lhe effect l his blight, which I descnbed above will have on the home values of lhe neighborhood. It effectrvely ·sets lhe tone· for our block whoch ha s struggled over lhe years to improve and ma,nta,n property values. In a housing market where there are many varrables wh,ch cannot be conlrolled, we belteve controlltng thtS partocutar unfortunate consequence ol the No Smoking Polocy will aid In the preservation ol property value and resultant home ownershrp on the block We believe that Swedish Hosprtaf AdllllnlstraltOn has the abibty and must have lhe willingness to curb and contain the consequences of lheor No Smoking Polley Their overall all,tude or ondrfference towards thew reSldentlal ne,ghbOrs Is, as I said, disappoinhng It should be considered when they seek approval lor any future endeavors w1th1n our communtty Sincerely . Andrea Lacina· Recessed at 8 00 p m Reconvened at 8 11 p m with all Counci l members present 7 Recognition of Unscheduled Public Comment Mayor Woodwatd said I rust want to remind you that this IS not a conversatron with Counc1'. 11 Is a presentat,on to Cou nc1t Ir there Is a response 11 w,11 be under Councrl Members Chooce al the end or the meetrng (a) Jess Gerard,. an E.,glewood resident said I have lrved ,n Englewood for 45 years Tonight I am here lo represent the Colorado Bandmasters Assoc,at,on The Colorado Bandmasters AssocIatoon rs respons,ble for sponsonng and running the Colorado State Marching Band Contest lor all Colorado H,gh Schools. This Is a four day event tak ,ng place at r,ve different stadiums This year an the events are In the Denver metro area One segment, the 4A se mifinal contest. which will Include the top 14 Colorado bands rn that class, ,s scheduled to take place on Saturday, October 25th. from 9 00 a m lo 1 00 p.m in the Englewood H,gh Schoo l Stadium At lhe same lime. the fourteen SA bands w,11 be compet ing al the District Twelve 5 Star • Slad,um on Thomlon The e,ght hlghesl sconng bands from each ctass w,11 then compele U1al evening In F,nals at Invesco Freid al Mlle H,gh The event In Englewood will draw an estomaled audience of 2000 people, mostly parenls grandparenls and frrends Many w,11 be from out of town, especially from the Colorado Sprrngs area Because the main parl<,ng 101 at Englewood High School w1II be used for busses and trucks. parents and other • • • Englewood City Council October 6, 2008 Page 5 spectators will need to parl< on the streets near the school The Colorado Bandmasters Assoc,auon v .-v•· .~e to ask the Clly of Englewood Jf the park ing reslnc11ons around Englewoocl High SchOol could be resc1n<! and d the signs can be bagged from 6 00 am to 2 00 pm on lhal day Many of these people attenrt,ng ou, e• ,., will stay 1n Englewood for lunch and spend money ,n our communrty As an Englewood cll,zen. and a representahve of the Bandmasters Assoc,ahon. I would hale to see these peop le llcke!ed for parkmg 1n . , restri<:ted area The Colorado Bandmasters Assooallon 1s wiDlng to pay lhe cost of pnnt,ng Hyers for the t,,-~~s ,n this area 11 t City finds JI necessary to inform the residents He said I would be glad lo answer any questJOns you ha\18 Mayor Woodward said !hank you and there wid be a response dunng the Council Members Choice Vanous Counal members also thanked Mr Gerardi (b) Jeny Furman. said I do nol lJVe In Englewood, but I used lo be a citizen of Eng lewood and graduated In 1994 from Englewood High School My lh,ng Is property zone Oown at Flood Middle School Is a place where we closed down Flood Mrddle School and II Is sllhng empty , Wha' think ... because we are taxpayers of Englewood and we paid the money f0< lhal thing why can't we make 11 a museum? And my other thing Is for Bob Drinking and dr,vlng causes Injuries and It does hurt people, even family members , when you dnnk ... hke what you said when you talked about smoking Smoking hurts other people .. dnnk,ng does loo And I will slop there. Council Member Jefferson said thanks Jerry. Mayor Woodwa rd said thanks . (c) Matthew Crabtree, an Englewoocl reslden~ saJd good evening Council Last time I was before you I kind of cut off my presentaUon so I would like to conllnue It a little bit more about whal I was lalklng about before I had lo leave I would hke to start ott by saying thank you to members of Council for passing lhe extension period for the records bmelrame, extending lhe 1,melrame that those records are available to lhe public This 1s a great step towards open governmenL I would also hke to notate that during Study Session, both Jill and Bob commented about transparent government and I was really happy about that Thal s a good step. It seems like there has been a recent interest especlaUy In the City here. I would like to comment though , In response lo John Moore's comments from the last meeting , I was kind or concerned about something there .. you had commented that most consensus decisions, mos~ bul not all that are made during the Study Session are eventually brought into ,n !he Council Chambet$ And unfortunately, I don't beloeve that There Is a httle more to that story 111 could quote something from what he said at lhe Study Sesslon ... actually 11 was a questron that you had asked the C,ty Attorney ... ii d was actually necessary lo vote on a matter and reach a consensus decision there at Study Session The City Allorney had clanfied thal C,ty Council meellngs are for mak,ng dec1s10ns, and Study SesS1011s are an educa110nal process of Council So, that was a bit concerning there I also would hke to clar,fy that consensus decisions, of any kmd, dc·ng a Study Session are not legal I could certainly gJVe you a couple of examples hete For instance, some of the final declslons on the Infamous dog ordinance, those were actually decided as cornsensus dec1s10ns dunng Study Sess100. There were actually Changes to the Code Enforcement vJOlahons of posUngs thOse were made dunng Study Sessions or consensus on that matter made by Council dunng Study Sessions And exactly an of those issues are undisputable According to the Open Meetings law, there is no legal record of any of those decisions Are the records historic at this point? There's no proof tha1 they actuany happened or that the decis,on actuaNy happened Now, one could argue thal ,t ever happened To reiterate the Importance of the Open Meetings law, I'd like to say here too, that the local meetings law Is not an opt1011 The Open Meet,ngs law Is the law and has lo be followed And there have been officials, In this area. who have been violating the Open Meetings law This Isn't optional Four County Commissioner.; from Jefferson County had charges placed against them for violations of the Open MeeUngs law I don't want this to happen to you guys I would really hke to work with CouncJI regarding this JSsue It ,s an ,mportanl issue to me and I feel 11's an Important issue to the resldeels of the commun ,ly That all proceedmg, on all Issues re~ard1ng Councll. are bfought forth and not done ,n the PflYate sense The telephone conversations that occurred between you guys. they need to stop The decisions regarding policy that are important made during Study Sess10ns must stop Bnng the dec1s10lls ,n here bong Eng lewood City Counc il Octobe r 6, 2008 Page 6 the d1scuss1ons on here Keep them ,n the pubhc eye and keep them on the record . So anyway, so that I don 't lake up much more of your time here I would like to leave you with an ,mportanl quo te tonight. I staled il last time , but I like ii and ,, slates thal we canno t have a government for lhe people , by the people , unless the people are informed So , please consider looking at the Open Meelings law . Please consider taking further acllon lo keep governmenl open and prevenl lhe potenlla l for anylhmg worse to happen . I'd hate to have a si luation where City Counc il is charge: for the violation or lhe City for lhe Open Meelmgs law . I appreci at e yo ur lime Thank you (d) Pe ter Shapiro, an Englewood resident said thank you all fo r ta king lhe lime to hear whal I have lo say . I am nol going to take very much time at all . De re k and Teresa covered most or the poinls th at I already had . I Jus t wan ted to say lh al overall I wish yo u guys would force this issue back onto the hospital in someway and if they had to deal with the smokers on thei r si dew alks, I can 'I Imagine that it would be very long be fore they would decide lo co me up with anothe r solution . The Idea of the 20 0 fool perime ter ... I walked it off today , It will me rely move where lhey tell the smokers to go now ... two doo rs down, tw~ doors closer to the rest of us. It is alr eady a probl em for De rek and the rest of us at this point. It can only expand throug h the neighborhood So I would just like yo u guy s lo consider th at. Thank you very much . Mayor Woodwa rd sai d thank you 8. Communications, Proclamations and Appo intment s (a) A letter from Bri an Verbeck anno unci ng his resi gn ati on from the Allia nce for Commerce in En glew ood Comm ittee was cons idered . • COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO ACCEPT THE • RESIGNATION OF BRIAN VERBECK FROM THE ALLIANCE FOR COMMERCE IN ENGLEWOOD COMMITTEE . Mayor Woodward said I would just like to mentio n, having attended meetings of AC E over lhe last four ye ars, I cert ainly have appreciated Bri an's particlpalion and addilions to the ACE committee and reg ret hi s resignalion. Counc il Member Jeffer son said I would like to secon d that. He was a valuab le me mber of the commi tte e. Vote results : Motion carried Ayes : Counci l Members Pen n, Mccaslin, Moore, Woodwa rd, Jefferson, Wilson, Oakley Nay s: None (b) A Proclamation declaring October 2, 2008 as Lights On A/terse/Joo/! Day was cons idered. Mayor Woodward said also this will be celebrated nationwide October 16'" as Ligh ts On Afterschool Day . COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE A PROCLAMATION DECLARING OCTOBER 2, 2008 AS LIGHTS ON AFTERSCHOOL/ DAY . Mayor Woodward asked if there were any disc ussion or commen ts. Council Member Penn said I would like to say that on Oc tober 2"' they had a rea lty unique program over at Englewood Mid dle School. Each one of the groups pu t on a grea t presen tati on over there , If yo u missed it, ple ase lly lo ge t over there the nex t lime Those yo ung peo ple are doing a great job educating our youngsters • before and after school. Of course one of my daught ers is one of the people who do that , but it is a super program and if you haven't had a chance to go to one ol the KidOuest programs ... Just identify yourself and sit in on their prog rams . They do a great Job teaching our kids and prov iding extra hours of education, so it is a super program • • • Englewood City Council October 6, 2008 Page 7 Mayor Woodwa rd said !hank you Mayor Woodward asked ,f !here was any olher doscussoon There was none Vole reaults: Ayes CouncJI Members Penn. McC.isl'1, Moore. Woodward , Jellerson. WIison. Oakley Nays· None Moloon carried Mayor Woodward asked ,f lhere was anybody here from KidOuest IO accept this proctamallon 1onIght There was no one He said we w,11 make sure that 11 gets to the proper people (c) A Proclamation declaring October 5 through 11 , 2008 as Fire Prevention Week was considered COUNCIL MEMBER JEFFERSON MOVEO, AND COUNCIL MEMBER WILS ON SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 5 THROUGH 11 , 2008 AS FIRE PREVENTION WEEK. MOl!On earned Ayes. Council Members Penn, McCaslln, Moore, Woodward. Jellerson, Wilson, Oakley Nays: None Mayor Woodward said I bel,eve Chief Paltarozzi is here to accept this Chief Pattarozzl came forward to accept the proclamation Council Member McCaslin said Chier, I have a question. My w,re asked me when Smokey the Bear would be coming to the schools Are we doing any school programs? Chief Pattarozzi said we are do,ng SChool programs an of this week Smokey the Bear, we are not doing, as that Is a Forrest Service program. Mr. Mccaslin said but you will be coming to schools, so I w,11 let her know. Chief Pattarozz, said yes we are Ml McCaslin said thank you 9. Consent Agenda COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE CONSENT AGENDA ITE MS 9 (a) (I), (II), 9 (b) (I), (II), (Ill) and 9 (c) (I). (a) Approval or Ordinances on Fll'st Reading (1) COUNCIL BILL NO 68, IITTRODUCED BY COUIIIC!L MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, AND ARAPAHOE COUNTY, COLORADO , FOR 2008 OPEN SPACE GRANT FOR THE PLATTE RIVER BIKE/PEDESTRIAN BRIDGES PROJECT (i1) COUNCIL BILL NO. 72, INTRODUCED BY COUNCIL MEMBER MOOR E A BILL FOR AN ORDINANCE APPROVING SUPPlEMENT NO 164 TO THE SOUTHGATE SANITATION DISTRICT CON NECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES (b) Approval or Ordinances on Second Reading (1) ORD INANCE NO 52, SERIES OF 2008 (COUNCIL BILL NO 62. INTRODUCED BY COUNCIL MEMBER MOORE) Englewood City Council Oclober 6, 2008 Page 8 AN ORDINANCE APPROVING AMENDING TITLE 3 , CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTmED "CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREMENT PLAN ANO TRUST AS AMENDED ANO RESTATED EFFECTIVE JANUARY 1, 1999" (11) ORDINANCE NO 53, SERIES OF 2008 {COUNCIL BILL NO 63. INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE APPROVING ADOPTIN G AMENDMENTS TO THE CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN DOCUMENT (THE PLAN}. (iii) ORDINANCE NO 54, SERIES OF 2008 (COUNCIL BILL NO 64, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORuiriANCE APPROVING ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN DOCUMENT (THE PlAN) (c) Resolul1ons and Motions (I) RESOLUTION NO. 71, SERIES OF 2008 A RESOLUTION AUTHORIZ ING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2009 COMMUNITY DEVELOPMENT BLOCK GRANT. Vote results : Ayes Nays· Motion carried. 1 O. Public Hearing Item• Council Members Pem, McCaslln. Moore, Woodward. Jefferson. Wilson, Oakley None (a) Mayor Woodward said this Is a Public Hearing to gather Input on Council BIii No. 65, a proposed amendmenl to lhe Unified Developmenl Code eslabllshlng an exception lo minimum 101 width and area requiremenls for subdivision of properties in a; R-1 zone dislricts. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO . 65, A PROPOSED AMENDMENT TO THE UNIFIED DEVELOPMENT CODE ESTABLISHING AN EXCEPTION TO MINIMUM LOT WIDTH AND AREA REQUIREMENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS . Ayes· Council Members Penn, McCaslin, Moore, Woodward, Jefferson, Wilson. Oakley Nays· None Mollon earned and the pubhc hearing opened AH wiinesses were duly sworn • • Senior Planner Langon said for your conslderahon lhls evening is Council B,I No 65, Unified Development Code amendments eslabllsh1ng a subdivision exception for minimum lol width and minimum lol area requlremenls in R-1 zone dlslricls. I ~ave already submltled for the record Proof of Publication thal lhIs Public Heanng was noticed In lhe Englewood Herald on Seplember 19" and also on the Clly of Englewood web&lle • from Seplem ber 17 to October 5, 2008. And I have also submitted the Staff Report This is an amendment lo the Municipal Code affecllng all eligible R-1 zone district properties across the City. II is not property specific, lhereJore no property posbng or mad notJCes were required. As background. all zoning ordinances establish a mInunum lot width and lot area ,n all the zone d,slncts And lhe UOC has conhnued 1hat pohcy o, trad1t10n In • • • Englewood City Council October 6, 2008 Page 9 the R-1 zone d1s1ncts the sae of 1o1s are based on reIa1Ive IOI size R-1-A being large lot, R-1-B being medl\Jm lot and R-1-C small let Those sizes are also based c.n tustonc land platt,ngs the patterns of thOse htstonc plalllngs and e,e,i convnunoty standards Two UDC regulabOns maIn1,1In these standards First is 16-8-1 D LOI Design and Spec1ficat1011s, that states the m,mmum dunens,ons or lots shall be in accordance lo Chapter 16-6 EMC 'Development Standards' • And also 16-2-16 AS which p,ohtbtls vanances to a'klw addtt10nal dwe-rlgs beyond the number pen111tted by lot W!Clth or lot area standards Therefore. no parcels may be created that do not meet the mInImum IOI width or lot area standards That be,ng sad no vanances are ab-ed no rellef melhod for subdMsoon of prope111es that are almost btg enough to be subd,.,,lded into zone dlStnci stzes And larger propenie, that are almost large enough, wi• always remain just large p,opertles wrth stngle uses Over the years p,opo, . owners have come forward to request subd,.,,tS10f1 of parcels into lo!s that would be JUS1 shy ol the standard lot area or lot width In one partJCular case, there was a request in 2006 to subd1V1de a property Thal went to a 2006 Study SesslOll of Counal and Counal directed staff to allow the subdMSIOII Wlllwl S'JI. llvough an admnstratJve pobc;y and then to 11clude that policy In Mure UDC amendments. In January of 2008, the apphcat10n for that ~ubd1V1s10n. based on the 5% policy. was submrtled to Apn. the declSion to allow the subdMsoon was appea,.,<t by a neighbor of the p,operty In May of 2008, the Board of AdJuslments ove<turned the Community Development dec,s,on to proceed and allow the subdivision, so therefore, the subdivis10n was not alowed In June of 2008, dunng a P and Z Study Sesst00, the Convn1ssoon reviewed the pok:y and potenual language for amendments as part of the housekeeping amendments and then In June, also at a Council Study Session. determined that they would remove that request from ll>e IIOusel<eeping amendment and aDow the ordinance to move forward as a separate ordinance On August 19, 2008, the Planning and Zoning Commlss10n held a Public Hearn,g and that was published in the Eng.tewood Herald and also on the City web and no members of the pubhc attended that Pullfic Heating. So tnal is how we eome to this evenong The proposed subd,.,,,soon exception applies only u, the R-1 dIstncl. II p,ovides a rellel mechanism for the almost blg enough properoes to be subdivided It prov,des an opportunity fo, addlbOnal stngle-unlt residentral p,opett,es 11 the City Aga111, mullHmil dislncts are not affected by this amendment and no variances are allowed . So those two areas are not affected by this proposal The proposed subdMSIOll exoepllon WOIJld aJow up to a S% redudlon 11 either lot width 01 lot area or both, because in some sItuallon, if you vaned the one, you would have to also adjust the other So. in the R-1-A, the Width of a property, that Is a current requiremenl Is 75 feet and that wllh p,oposed reducbon, the Width of that p,operty could go down to 71 and a quarter feel The area ol 9,000 feet would go down to 8,550 square feel In the R-1-8, that would normally require a 60 foot width .. that property Width could go down to 57 feel with the lot area 90,ng from 7 .200 square feet to 6.a..o square feel And then rn the R-1-C, or the smal lol that currently requires SO feel the reduchon of 5%, the lot Wldlh could go down to 4 7 and a half feet and the 6,000 square foot lot area could be reduced by 300 feet to 5, 700 square feel The subdiYISIOn excepbon would require a public notice by property posting and pubficatJon through the web and the City's official paper, so that interested parties could be made aware of the proposed subdivision and reducoon. This ,s similar to what a variance would require The proposed subd!v1S10n exceptJon W0IAd also require a Public Hearing by the Plann11g and Zoning Commission and this provides an opportunity for public Input and the approval process and rt Is Intended to safeguard neighborhood u,tegnty The subchvis,on excepbon provides an appeal process for anyone who would be aggneved by the Planning and Zoning Commission decis,on -<rsI •o you to City Council and then a further appeal would be through the 01stnct COi.Wi. whlclt is a star .. Jr procedural process The subdMS1011 exceptoon p,ohiblts vanances 10 the excepbOn Tt,erefore, the 5% could not be reduced by anything more The maximum allowance would be 5% and also the z. ,e district ~ould not be varied So II would only be 1n the R-1 zone d,stncts It would nol be applicable 1o IITI'/ of the R-2 or 1. ~ zone d1stnc1s And also the subdl',lfSion exceptl0/1 proh1b1ts side se1back vanances or adjustments. •o !Ital th9 same distance between structures t,1 a standard lot. that would be the same as on the reduced size lol Ther ;'ore, the separabOn between structures would remam the same Community Development supports ine proposed amendments for the lollowlng reasons first ll provides iehef from a restndlve lot Width aud tot area standard when subdMd1ng property tt stmulates new residential de¥elopmenl, .mproves hous,ng stoek with new structures creates add1t10naf land or lots in a land-locked city, provides for smaller lots and therefore more affordable properties and more opporturubes for home ownership in R-1 zone dtstncts, ~ prov,des housing opttons that may better fit the needs of residents mclud1ng smaler yards, « provides City revenues by building permits use and property taxes, i1 prevents what we call zigzag property lines where someone subd,vtdes a p,operty rather than by ma!ung a stra,ghl lme between the propenies zigzagging around a structure merely to get the lot width or the lot area requirement Thal zigzag around structures only creates problems 1n tile long run generaly neighbor ISSUeS but • does creale Englewood City Council October 6, 2008 Page 10 problems The proposed amendmenls also suppo<1 lhe goals and Obtecl!Ves of Roadmap Engle\lOOd -lhe Comp Plan by p,omo~ng a m,x of housing opponunrt,es serving needs of all current and future Englewood residen1s II does au lh1s while providing a relief procesa to n91d lol Wldlh and lot area standaros for subdiv,s,on of property and It also provides an oppor1uni1y for public Input m thal relief process I would be happy to address any questions Mayor Woodward said there are no questions al lh1s lime • Bil Curnow, a Sedalia resldenl said I have been a p,operty owner ,n Englewood for someltung 011er 30 years haVe had var,ous businesses in Englewood for over 26 years I've been ~ to th,s community through many. many d11ferent ways I've actually been on several Englewood Boards , etc Bui I am not talking this evening about any specific property The property that was alluded to earlier In 2006 is a piece of property that I cu,rent ly own and many of you on Council are aware of that particular situa tion I am here to talk about Englewood In general and the growth of Eng lewood as a property owner, not only of that property, bul of many other paroels Iha! I currently have ,n Englewood The base of any city's growth ,s reaUy dependent upon two factors lhe people who live within the Cdy and the people who pass through lhe City The co:ndors lhat are here on Englewood on Broadway on Hampden. on the busier streets, p,ovlde sales tax re11enue Iha! the C11y desperately needs to maInta1n Its Integnty and its growth and the safety and services that need to be provided 10 businesses and citizens But on general, those businesses count on and rely upon the people who live w1th1n the c,ty and the Income that Is produced In those businesses comes generally from those people As Englewood moves foiward Into the future, that Is based upon, In large part, on the economic wherewithal of the peop le who l,ve here And so. It is ,ncumbent upon the City to help upgrade tr.e general housing In the City and many bmes lhat ,s based upon lhe rules and regulallons that are In place In Englewood and many other cities Englewood ,s an old town It has been around for a lot of years Many of the plat maps are a hundred years old and you as Counc;II and Community Devetopmen1 mhented some pretty odo shaped tots and a 101 ol lhIngs are fairly • 1ncons1slenl from neighborhood to neighborhood and block lo block This part,cular change would benefll lhe development of many of these odd shaped parcels and p,obably bnng inlo ae110n a more uniform neighborhood and it would allow developers. like me, who have built homes In Englewood, to upgrade the housing which, In ge nera l, upgrades the enti re City The housin g that is here, many of lh e homeowners are frankly frusl rated wI1h the fact thal their values may or may not go up unless there Is new housing around lhat allows the reinvention of neighborhoods Bul as I've said, I am not lallung about any spec,f,c parcel this evenin g I am lalk1ng about ,n general. lhe types of homes that I think Englewood would t,ke to have. As Ms Langon, I bebe11e that rs her name, alluded to, this ,s something that rs fairly slandard III other communities Currently, the cities of Llltleton. Lakewood, Denver and Arvada all do have this 5% rule ano ,t Is applied adm1mstratively And , you know, frankly as a builder ,n these c,ties. I have been able 10 count on purchasing a propeny and approaching 1he Community Oevelopmenl people and having II a fairly quick loo k-see to see If ii makes sense lo purchase property and to an ticipale cooperation with the city Bu t with thal. I would like l o show you a house lhal we built ,n 2006 This particular home Is a 2300 square foot house bull! al 3041 Sou1h Ogden Slreel This happens to be on a 50 loot Wide lol, bul <his part,cular home is only 36 feet wide It has got a front load garage as there ,s no alley behind lh1s home and I lhink, arguably ,IIs one of lhe more attrawve homes in the neighborhood This IS nol an obnox,ous struciure II met all lhe bu11d1ng codes ,1 meets aH the things that weie alluded to eari.er the selbacks and all of the other lh1ngs And lhrs Is really, I think , what Englewood could anllcIpale and look forward lo and builders would benefit by Council favorably looking upon hav,ng lhe lypes of admrn,Slrahve vanarices or those lypes of acuons In Englewood now and m the fulure Thank you very much Mayor Woodward said thank you Counc,I Membet Penn said B,I. could you bnng that p,clure by because some of us can't see lhal far There was laughler He said well one of us ean'I see that far Does anyone else want 10 look at 11? Mayor Woodward said I would like 10 see It Matthew Crabtree an Englewood resident, said I will keep lh1s really short I'm about as prepared as I was last time Wllh my lasl thing here, as I wasn't expechng to speak Bui I hke to reuerate something It seems that Ms Langon had menlioned somelh,ng aboul the mailer of Cornmun,ty Development being voted on as 10 g,v,ng • • • • Englewood City Council October 6, 2008 Page 11 lhem the nght to and of course I was s,tllng ,n th e corner but this goes nght In line with what I mentioned earlier It seems I,ke there was a d1scuss1on during Study Session to vote and give Commumty Development the nght to make dectsoons hke this And th,s ,s k,nd ol an example ol what I was getting at earlier Like I said I wdl be real quick. but this ,s one ol lhose examples where an ,l!egal deosoon was made that places the Coty ,n a real awkward deos10n So I believe that this falls ,n llne with some ol my concerns as I said eartoer Thal ,s al I have. thank you Mayor Woodward said thank you Laurett Sarrentone. an Englewood resident. said TncIa Langon JUSl lo add to lh,s and she did bring 11 up and Matt you are right It ,s a great example ol the problems that are caused when the taws aren·t followed and you don't follow process when something Isn't public Thal dec,soon was made in August or 2006 I voted m Study Sess,on about that I am wiser and smarter now and when we become awAre of problems that our processes are creabng, then we need to stand up and fix them It was that r,ocess that made Community Development believes that they had the aUlhonty to tell that man that he could go ahead anj build on prop,,rty .. • .e ,nvested on that word and now he ,s be1119 told by the C,ty Counc,1, well JUSI sue us because we are not going to keep that The locos of good government is constantly looking at the affect of government on the commumty If City Council passes legislation. even w,th the bt~l of 1ntent1ons. and that teg,slat,on ultimately fails to produce the intended results. it 1s up to our elected officials to be honest about these fa,lures and seek to Improve the legislation or remove II. not lo Ignore It because you don't want anyone to lhlnk you made a mistake. not to Ig nore it beca use Council worked on it really hard years ago. nol to Ignore it because you don't understand the problem Ignoring a problem doesn·t make it go away . being mad at the people who communicate a problem to you, doesn't make 11 go away The Untfied Development Code has problems Several have resulted from taking open public processes and making them admin1S1rauve When did that happen in this instance? During a Study Sess10n There ,s no record That ,s why your own Board satd that the deas,on was Illegal. That IS why we are here The process was meant to make ,t more hmety and user fnendly It was a great inter.hon However, on at least two areas that has not happened limited use and the issues w1th1n the 5% How r'lany. on this case. has successfully gone through the proces.s? We dor:t know because It ,s no longer a public process What were the issue, that triggered the adm1nlstrat1ve process? Were they approved, If so. why? Were they denied, 1f so. why? We don't know, because ,t was no longer a public process Pr10r to the Unified Development Code, the Board of Adjustments and Appeals ,, the appropriate board lo• these matters a Board of Englewood citizens appointed by City Council made these dccis,ons, but only attar a Publlc Hearmg. a chance for ~'le community to be able to votee their concerns with the pros and cons and the discussion on the public record The rules governing the dec1,,ons were ava,table for all to see and the petitioner knew. as weH as the public why they had been approved or der11ed What they can cause Mr Curnow, the owner of the property on Peart Street IS an example of what can happen He IS a vlciun of this closed door admm1strative process He purchased a rundown property. demolished a blighted bu11dmg. abated Ille asbestos. subdMded the land Into two lots, because he trusted that the C,ty of Englewood and Coty Councol had the authority and would always honor their word that he could build We don't know what happened because there ,s no recor:l The public Is den ,ed the 1nformat10n and instead of keeping your word, you told Mr Curnow lo sue you This ~roblem could have been avoided If you want people to trust the City, ,f you want people to be lieve in the Coty Counci l, of you want people to build and invest and prosper in the community, then stand by your word, keep the promise that you made lo him and then don't allow the process to continue Go baci< to having all of these 1Ssues decoded by the Board of AdJustments and Appeals In the open, m a public forum. where the ne,ghbors can v0tee their concerns on the public reco<d It worked well for the c,ty lor over 100 years Thank you Jeny Furman said and of you guys take property away from people who paid for years fOf that property are they gong to get their money bad< ,f they paid for taxes for the Coty or are you Just going to ten them. oh wash 11 off Because 11 they pay taxes for the Coty. the City owes all those people who were cuthng the 5% r~le You guys would be owmg maybe about two or three billion dollars Mayor Woodward said mank you Mayor Woodward asked of there was anyone else who wanted to spea k during tho Public Heanng Theie was no one Englewood City Council October 6. 2008 Pag o 12 Mayor Woodward asked If tnere was a mollon to close •ie l'llblc Heanng Council Member Wilson sa id I w,11 move to continue the Publ ic Heanng She said there was a time, about this propeny, that the cIt,zens went to the Board of Appeal ard the Boa rd of Appeal overturned it and these people thought that they won for this 5% that 11 did not go through I would hke to make a mollon lhal staff f01Ward a speaal not1rca1Jon leller to the people who spoke al the Board of Appeal I feel that they there would be no reason for them 10 follow this or look Inlo 11 fJrther If they thOught they won I want them to have the nght to speak al a Public Heanng Mayor Woodward sa,d okay so you have moved to conlinue the Pubhc Heanng and to nol1fy the people that spoke at the Board of Appeals Pubhc Heanng of th,s extended Publlc Heamg Ms Wilson said correct COU NCIL MEMBER WILSON MOVE D, AND COUNCIL MEMBER MOORE SECONDED, TO co:ITINUE THE PU BLIC HEARIN G TO GATHER IN PUT ON COU NCIL BILL NO, 65, A PROPOSED AM ENDMENT 10 THE UNIFIED DEVcLOPMENT CODE ESTABLISHING AN EXCEPTION TO MINIMUM LOT WI DTH ANO AREA REQUIREMENTS FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS TO THE NcXT REGULAR CITY COUNC IL MEETING. Mayor Woodward asked if there was any discussion on th is • Council Member Jefferson said yes, so generally ,s my understanding correcl thal ,f these peo;ite did want a Publlc Heanng that they would sbll get one under this current 01dInance? Counol Member Wilson said they would get one when that property, lhal actual property ... Asked, Mr Jefferson said, asked 101 ~ 10 be w1th,n the 5% rule She said correcl Bui I feel thal ii ,s more lransparenl 1f l hey are allowed to speak at this meeting • also 3nd to have them notified Because. Mr. Jefferson said, you fell that they maybe have some issues with the rule generally, not iusl spectfcally lo thal property? Ms Wilson said correct And I would like to hear from them I was not al the Board of Appeal. so I would tke to hear what they had to say, so lhal 1 could make a bener chooce Mr Jefferson said okay, 11 was JIJSt frotn what 1 heard from them. my thought was ,s tha t their problems were generally very specif,c with thal pan,cular property, bul having heard lhal frotn you, lhen I would be more than happy to extend ,t If Iha! is the general feeling, tha t lhey did have concerns about the 5% rule generally and nol spectf,cally Mayor Woodward asked ,r there were any other comments Mayor Woodward sa,d I tend lo agree wilh you .. llial we Ju st . In lhe mailer of being very open and making sure that these people are aware, I would propose that we do an extended Pubic Heanng at the very next scheduled Crty Council meeting Mayor Woodward asked If there wa~ any other d1scuss1on There wa s none Voto results: Ayes Counctl Members Penn McCashn. Moote. Woodward Jellerson. Wilson, Oakley Nays None Mohon earned and lh c pub lic hearing will be continued al the nexl regular C1ly Council meeting Council Member Wilson said the second motion would be to ask staff for a special nol1ficat,on letter to the people who attended the Board ot Aopeal And, Mayor Woodward said. lhose who lalked and spoke up at the Puhhe Hearing? Ms Wilson sa,d I ~aess I am a hllle b•I doudy on whelher ,t should be the ones you have lheir name and address th en Senior Planner Langon said I was iust gomg to ask for the same cian f,cation Those who spoke or those who attended? Counc,I Member w,1son said I would ,mag,ne lhose who spoke would lel everyone ~,se know So I lh1nk that would be sufficienl • • • • Englewood City Council October 6, 2008 Paga 13 Councrl Member Jefferson said al lhe Pubic Hearong of lhe Board of AdJustmenl ard Appeals? Ms Wilson said yes Counci l Member Wilson sa,d does everyone agree wilh lhat lhal 11 should be the people who spoke or the people who attended and spoke? Council M'!mber Jefferson said do we have lhe name and address of everyone who attended? I don'I believe so. Just the people who spoke ,s lhe only ones we have conlact rnformabon for Several Council members spoke at the same bme, Ms Langon said Iha. is why I wanted the clanficatton Councrl Member Jetter~ ,n said lhat will make It a fol easier d we said 10 notrfy the people who spokt' Mayor Woodward said so st. ff will nolrfy, by ma!, lhe people who spoke al Ore Board of Appeals F .Mic Hear•~ Ms W~son said yes. Mayor Woodward asked if there was any d,scusslo" COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO H,-V.0 STAFF PREPARE A SPECIAL NOTIFICATION LETTER AND TO MAIL THE LETTER TO THE PEOP LE WH O SPOKE AT THE BOARD OF APPEALS PUBLIC HEARING . Ms. Laurett Barrentine, (speaking from the audi ence) said •·hile lhe Public Hearing rs still open, may I ask a questton please? Asslslanl Crty Allorney Rerd said, I'm sorry bul the Publrc Hearrng Ms Barrentine said she continued the Pub lic Hearing Ms. Reid said to a date certain, which would be the next trme so ,t rs closed lor now Ms Barrentrne said you haven'! ctose l lhrs Public Hearrng yel Council Member Jefferson said we haven't voted to close It yel Ms Reid sa id okay, y '~ we did. You voled 1.o con11nue lhe Public Heanng to a dale certarn Ms Barrentine said bul they have not yal closed lhe Publrc Heanng Ms Reid said whal we are now dorng ... you voled lo continue the Publrc Heanng to ,; da e cet1arn, so the publlC rnput rs through You now have a motion on lhe table to notify people by ma,:. Y~s h,;·:d a second from Joe and so It up lor a vote now on Iha! one Mayor Woodward said please vote Vote results: Ayes Council Members Penn, McCaslln, Moore, Wondward, Jefferson. Wrlson, Oakley Nays None Mot,on earned Ms Barrentine (speaking from the audrence) said but you havenl closed th•• Public H 1nng and I wanted lo know 11. Ass1stanl City Attorney Re id said yes , we have If you want lo 11 this Publir Heanng then )OU need to come to the next scheduled hearing and you may, when they ,e Public Ht~ ou may speak then Ms Barrenhne said you sa id the Public Hearing was closed and public comment .,,as closed, does that mean the pubilC comment wdf be ClOsed at the next one? Ms Reid said no, that ,s nol what It means Ms Barren1,r.~ Englewood City Council October 6, 2008 Page 14 sa id you haven 't closed th is Pub hc Hea11ng ye t and the vote hasn't been taken and I'm 1ust trying to ask you a quesllon M<lyor Woo dward sa 11 we have closed th is po rt of the Public Hearing and opene d 11 up lo Counci l's d1scuss1on Ms Barrentone sai d I'm Just trying to ask a quesr ion Council Member Moore said the act of continuation closes the Public Hearing ton ight and allows it lo continue at the next session But , It 1s effect one step that moves the discuss ion ... d ends it for tonight and moves 11 two weeksoul Ms . Barrentine said so my question , John , JUSI has to do with the not ificatio n and whether Council Is now sett ing specitic po li cy to now not ify only specific people aboul Public Hearings and that was just a question that I had . Because that is not someth ing that I understood was po licy . Counc il Member Moore S3id tha t part Is r.ot up fo r ... there is not opportunity for pub lic input at this part of the meeting Ms . Barrentine said my taxpayer dollars are go ing to pay just to not ify certa in people , I want to make cle ar that that is what you are doing . Counc il Member Mo ore said you may talk to any of us after the meeting and ra ise your concerns . Thank you . Ms Barrentine s;iid maybe the Mayor could clarify what you just voted on then again . Ma yor Woodward sa id we voted on two items . I th ink ii is clear whl'I we voted on .. it is ,ery clear . Ms Barrentine said I w• •uld r."t have asked the que stion if it were sir. Mayor Woodward s ... id you know , M~. Barrentine , this is not an open forum here . You know that. Ms . Ba·rentine said I didn't th ir,k the meeting was closed ,..Mayor Woodward said I don't want to hear anymore out of you and if I do hear more , Commander Collins w,11 you please remove her from the room . Thank you Ms Barrenline said thank ~ ,u. 11 Ordinances, Res oh •i on and Mot ions (a) Approval of Ordinances on Firs t Read ing (i) Mayor Woodward sa id Agenda Item 11 (a) (1). Council Bill No 57 (a bill for an ordinance approving the 2008 Mill Levy for collection 11, 2009), has been , at the request of staff , pulled from the Agenda (11) Director Gryglew1c1 presented a recommendation from lhe Department of Fina nce and Adm1mstrallve Services to approve a bill for an ordinance adopting the 2009 Budget for the City or Englewood . He said as Council and staff knows , the budge t ,s a lo ng and d1ffocult process It starts 1n January and actually Is published 1n December. And the reason ii ,s so difficult is that the budget quantifies the doll ars for the City's priorities fo r its operat ions and Its plans . So t~ere 1s a lot of give and take . There is always more need than there is reve,11 e, so this 1s a long and d1ff 1cult proces s Council and staff met tog ether a numbe r of t,mes at Study Session s as well as a Budgel Retreat on the 22"' and again last Monday, the 2911', Council met and • • fi nahzed lh e budget Th is is a budget for all the City funds . but I wo.:''1 like 10 just elaborale on the General • Fund beca use that is the Fund thal provides Po hce, F,re, Library , tnform.it1on Technology , Public Work s and Parks and R~-c reauu~ The beg inning to tal reserves for the General Fund are S10.3 million Thal includes SJ 48 mllho r, l t1a11s ,n lhe Lon g Term Asse t Reserve To tal Revenues for 2009 are $39,050,721 00 But the total sources of funds are S40,532 438 00 Total Uses of funds fo r 2009 $4 1,445, 148 ,00 . Ending Tota l • • • Englewood City Council October 6, 2008 Pa ge 15 Reserves are S9 4 m1ll10r1. which mcludes S3 9 mdlK>n on lhe long Term Assel Rese111e Total Ending UnreseM!d/Undesignated Funds are $4 2 m,n1on 0< 10 8 percent of Revenues c, UNCIL MEMBER WILSON MOVED, ANO COU NCIL MEMBER McCASLIN SECONDED, TO APPROVE A' ENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 61. COUNCIL BILL NO 61 . INTRODUCED BY COUNCIL MEMBER WILSON A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO FOR THE FISCAL YEAR 2009 Mayor Woodward said I would like lo open lhe fioor for disc ussion Mayor Woodward said I would just li ke to say thal, in light of lhe economic slalus of lhe globe loday, C11y Council has commented Iha! we will be lookmg at and watching very closely, nol only the 2009 b<Jdgel, bul the 2008 budget the remainder of the year Currently. we are srtt,ng in a very healthy place bu~ as we all know, th at could change on a cfm,e 0< In a month as we gel our repQrts So, we have dtSCUSSed and are prepared to make changes lo thal Mayor Woodward asked if lhere was any further "1scusslon . There was none Vote results: Motion carried Ayes Nays Council Members Penn, McCasbn , Moore, Woodward, Jefferson, Wilson, Oakley None (Iii) Direclor Gryglewicz presenled a recommendabon from lhe Departmenl of Finance and Admlnislrative Services to adopt a blil for an ordinance appropriating funds for lhe 2009 Budget for the City of Englewood He said the budge! Is the City's plan for spending and its service dehvery. The appropriations 0<dinance aclually grves legal authonty to spend those funds F0< the General Fund for 2009, that amount IS $41,445, 1◄8 00 and the remaining funds are included 1n the Oldinance COUNCIL ME MBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVF. AGEN DA ITEM 11 (a) (ill)· CO UNCIL BILL NO. 58. COU NCIL BILL NO 58. INTRODUCED BY COUNCIL MEMBER McCASLIN A BILL FOR AN ORDINANCE APPROPRIATING MON 'ES FOR ALL MUNICIPAL PURPOSES IN TH E CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGI NNING JANUARY 1, 2009, ANO ENDING DECEMBER 31 , 2009, CONSTITUTING WHAT IS TERM to THE ANNUAL APPROPRIATION Bill FOR THE FISCAL YEAR 2009 Mayor Woodwa rd asked 11 there were any commenl s or ques tion, There were none. Vote results : Ayes Couool Members Penn, McCasin , Moore. Woodward. Jefferson. Wttson, Oakley Nays None Motion earned (Iv) Director Gryglewlcz presenled a recommendation from lhe Oepartmenl of Finance and Adm,nistrallve Services lo adopl a bill for an ordinance approving the 2009 Budget for the L,ttleton/Englewood Waslewater Trealmenl Plant He said lhe Llttlelon/Englewood Wastewaler Treatmenl Planl shows beginning Englewood City Council October 6, 2008 Pago 16 fund$ avadabte al S 115.674 00 The11 total sources of funds lor 2009 Is S16.274 ,612 00 Their uses for 2009 are $16 ,274 612 00 which leaves an end,ng funds ava,table ol S115.674 00 Mayor Woodward aSked If there was any d1scussoon There was none COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER MCCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (1) (Iv) • COUNCIL BIL L NO. 59. COUNCI L BILL NO 59, INTR ODUCED BY COU NCIL MEMAER PENN A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2009 Volo results: Ayes Council Members Penn, McCashn, Moore, Woodward , Jefferson, Wilson, Oakley I Jays None (Y) Dir~clor Gryglewicz presenloo a recommendallon from lhe Department of Finance and Admwll!"lra', ,e Services to adopt a bdl lot an ordrnance approprla~ng funds lot the 2009 Budget for the Llttlet.,nl f.llll'ewood Wastewater Treatment Plant He said the total appmpnatoon fot 2009 lor the LIUlell ,en~ •·,nod Wastewater Treatment plant is $16,274,612.00. ''t',{ • Wood·~ard asked If there wa~ any drscussion There was none COLtNCIL MEMBER McCASLIN MOVED. AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi· COUNCIL BILL NO. 60. COUNCIL Bill NO 60 INTRODUCED BY COUNCIL MEMBER McCASUN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENG LEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1. 2009, AND ENDING DECEMBER 31. 2009, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION Bill FOR THE FISCAL YEAR 2009 Mayor Woodward asked 1f there was any comment There was none Vote results: Ayes Council Members Penn, McCashn, Moore, Woodward, Jefferson. Wilson, Oakley Nays None Motion carried . (vI) Economic Development C001d1nalot Hon1ngsworth presented a recommendat,on from lhe Community Development Department to adopt a bill for an ordinance prohibiting smOking outdoors near medical centers He said before Councd ttus evening on first reading is an otd,nance that would proM• smok ing outdoors on public right-of-way ad101n1ng cenaI" medical hospitals This ordinance would an d Tttoe 6 of the Englewood Municipal Code, which Is ad ministered by lhe Englewood Police Department The coun<'il bill proposes three aHematIves AHemallve ( 1) would propose prohIbiUng smolong on front ol lhe medJCal • • hospital on the sidewalk adJOlnmg the hospital, option (2) would propose proh1blt1ng sm0k1n9 across the street • from the mooical hospital and oplton (3) would propose extending lhal to w1th1n 200 feet of lhe ownership of lhe medical hospital This ordinance IS being requesled by representatives from Swedish Medical Center Thal concludes my commen ts this eve ning Thank you • • • Englewood City Council October 6. 2008 Page 17 Mayo, Woodward asked 1f there were any quest,ons for Darren Mayor Woodward asked 1f th,~e was a motoon We have 1hree proposals ad1acen1 sidewalk Council Member Moorr, sa,d ,t I could get a point or clarification Whal I would like Is a conhrrnclmn from lhe Cdy Allomey for the s ike of myself and Council I would like lo make a motJOn on lh1s tonighl and receive a second fo, the sake ol getting d,scuss,on on the topic Sbl al Iha! pomt any Cooncil member would have the nghl to make a mohon to table 11, before we move to a vote Is that etirreci? So with !hat I wiU make a moben for Councll Bill No 66 with the 200 foot version, again hop,ng to gel a second. so that we can d,scuss this discuss the ordinance that Is in front of us COU NCIL MEMBER MOORE MOVED, AND COU NCIL MEM BER McCASLIN SECONDED, TO APPROVE AGENDA IT EM 11 (al (vi) • COUNCIL BILL NO. 66 • THE 200 FOOT VERSION. COUNC IL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SECTION 8, ENTITLED "SMOKING OUTDOORS ON PUBLIC FdGHTS- OF-WAY ADJOINING AND WITHIN TWO HUNDRED FEET (200') OF CERTAIN MEDICAL HOSPITALS". Mayor Woodward asked if there were any q, esllons . Council Member Moo<e said I will be happy D kick d off I'm not prepared to vote on an ord111ance tonighl While I am not happy about domg nothing ... I am very concerned about the impact I respect what Swedish is trying to do. They are trying to deal with the smoking issue around a hea lth facility, It is a critical issue. However. the hospital is ,n a residential neighborhood and every option in front of us .•. the ban Itself in every op11on In front of us pushes the problem Into our residential area And I don'I know for sure, but I would beheve that.. I Just can't imagine that alt the hospotal5 that have parbcipated 1n rnovmg towards a smoke free campus, have the residences surrounding the hospital like we do in our community Perhaps I'm wrong. but regardless. this ban ,s causing the residences around the hosp,tal to absorb a disproportionate share of the burden . So, I think fundamentally, the problem . I would like to encourage Swedish to strongly consider Is there any way to accommodate 1helr goals While considering the enwonment that the location of the hospital 1s 111 the middle of a residential community Rathef than aga111, the ordinances 1n front of us merely decide where the chalk hne 1s that these individuals will slamd over to smoke And the real ,ssue ,s the smokers that are usrng the Swedish campus The problem .. at least where I stand now .. the problem needs to be dealt with on campus . It cannot be tell for the neighbors to live with that problem We do not have a soluhon yet Lei's not ask the homeowners in that area, all of the residents In that area We don't have a solution that asks them to deal with this Ill a lau ma Mer I am not prepated to move forward and I am going to hor" Swedish, as a good neighbor, considers the concerns they have heard tonight and thinks about~ further Those are my comments Council Member McCaslm said and I would hke lo comment on Iha! You know. I Googled banning smoking In hospitals and you would not believe the number of ordinances I'm with John, I think there Is an ordinance out there that we can come to a comf)(om,se. wh-e,e ~ doesn't push the smoking 1n the neighborhood I really do I mean there has got to be I caned hosprtals that we have here in the Denver att!a that don1 have the residential effect that we do And so ,tis prelly easy, you Just put them on the sidewalk aid vou don 't have to worry about II, bu t I do to have a personal maller, not be ,r,g a smoker, that If I had people sr1okwg in rronl or my house I would have the same concerns that was brought up tonight So. I feel the same way you do John I hope th01 we, as a City and Swedish can get together and come up with something Iha! is In to everyone, and not just push the f)(Oblem 11110 the resldenbal area Council Member Oak ley said with thal being sa id, we have to decide whether we are willing to support anything that woold ban smoking on public property And I for one, will nol support anything that would ban smoking on pubbc f)<operty It Is not enforceable As I said before, e,ther I Just don't want to pass an ordinance ti-al we have no 1n1enbon o• enforcing or don't have lhe capabiMtes of enforcing It IS counter f)(oductrve So I w,I not support any one of 1hese Englewood City Council Oc lober 6. 2008 Page 18 Councol Member Penn sa•d I 100 go along w11h John I truly hope that Swedish becomes a good neighbor and keeps lhe smoking on their propeny I know thal Is nol whal they want We appreciale Ihe1r go~ls of where they wanl lo go bul pulling It out into our res1denttal area Is nol where It goes I can't support an 01d 1nance until I can find out 1f we can actually uphold th e ordinance and what would make 1t fa ir for lhe reside nts In lhal area So, rlghl now, I could nol support Ih1s Council Member Wilson said I support John and whal he said and I agree w1lh whal Randy said Mayor Woodward said well, I would hke 10 comment. as I had ui the Study Session, that not only movuig lh1s Inlo lhe neighborhood IS nol acceptable 10 me. but as Wayne had said movuig II pasl lhe publ,c r,ghl of way, IS not an acceplable move 10 me and I have a real hard lime consldenng voung on any of the three of lhese ordinances as they are presented as far as going over lhat ns·,t-of-way And I would like 10 encourage Swedish to take a look at some sort of arrangement on then campus, s,m,lar to Cra111, where at leasl arourid lhe emergency room, people have lhe opportunity ~ they are urider. as Wayne had pointed out lhe suess of hav,ng someone In the emergency room or lhemsetves bemg In lhe emergency room, a place to go out and al least perceptionally relieve lhal stress So that would be my comment Council Membe, Moore said I w,11 make a motton 10 table Council Bill No 66 ralher lhan voIe on 11 ton ight m hopes that we can continue to stnve for a solu tion lhat Is more lolera ble for both Swedish and the resIdenls of lhat area COUNCI L MEMBER MOORE MOVED, COU NCIL MEMBER McC ASLIN SECONDED, TD TAB LE COU NCIL BILL NO. 66. Counc,1 Member Oakley said John I would llke 10 commenl on that then 1f I may Unless this Council 1s W11hng to pass somelhong thal wlll make 4 illegal 10 smoke on C4y property, no mailer what kind of solution we 1/y to conne to, we m,ght as well decide II lon,ghl because unless you are saying that we win, m lhe future consider doing thal we m,ghl as well say 1on,ght th at we are ncll go,ng 10 do il arid lhen Swedish can do whatever they have lodo Council Member Moore said I personally would be wilhng lo consider an ordinance such as whol Is presenled. ,r I were convinced lhal 11 add ressed lhe needs of the residents So, I do not have an issue w1lh lhe public nght- of-way aspect. ~o I am wi lling to consider any solutoon, as long as I1 ,s addressing the nghts and needs of l he res idents In lhal area So, that Is why , I hear you and that Is why, for me, tabling Is a more appropriate solut 10· for tonight Wayne makes an extremely va lid poln l Councll Member Jefferson said I am gene ral agreemenl wilh Wayne I am generally nol supportive or banning smoking ,n public nght-of-ways However, ,t doesn't seem I mean, I lh1nk we are all hopeful that Swedish would reconsider lhe,r posibon I think that would be the best soluhon for lhe City and for lhe neighbors, however. 11 doesni seem hkely I mean I guess we can wait and see It seems that lhe bigger ,ssue for them was 1usl smoke free access, ralher than totally smoke-free right-of-ways Arid so. perhaps, I'm I isl thlOWlng lh1s OU1 lhefe as sort of a rheloncal question. of would we be wiUong lo support a smaller scope ban 0,1 partlCular areas next to lhe enl/yWay or those part,cular enl/yWays? Mayor Woodward said State Statute provides that pnmary enllances, I behave are t 5 feet and secondary are 10 feel. If I recall Mr Jefferson said It.at probably doesn'I reach the r,ghl-of-way Mr Woodward said I belleve lhe enlrances lo Swedish are all w1th1n lhe campus 1lself And again, getting Into that right-of-way Issue, for me. I agree with Wayne I would not support tabling 11 and look ing further ,nto tho 11gh1-of-way Issues • • Council Member Oakley said you know, Swedish Is one ol our la rger employers and we are cerlalnl1 glad lhey • ore here and suppon lhem In every way lhal we can I hope everybody understands lhat But al lhe same loken, these people have come be fore us lonIght and asked us lo help them And, we should be able to come lo a vote and say eithe r, we are going 10 not allow reslncUo ns on public property and Swedish will have lo make lhe,r dec1s101l based on that or not So, John's moI10n will do Ihat You know, 1f It 1s voted and ,1 s got enough • • • Engl0'NOOd City Council October 6, 2008 Pago 19 votes lhen 1nis will be continued and 11,e will see how ,t works out If 11 Is not then I guess then we wlll vote on whether we 'NIii do the o,d,nance at all Is lhal lhe way 11 will work? Ass1s1an1 C,ty Allorney Reid said, yes 1r he has a second, then you woul d vote on whether or 00110 1able ,t and If thal doesn t pass. lhen you would go back to lhe original motion, which 1s the mo1Ion 1n the affirmative to pass Council Member Wilson said when to table 11, would thal be 10 the next meeling or do you have a Assistant C,ty A11orney Reid said no, 1 ou table 11 until ,t Is brought back up off lhe table by one ol the Counc,I members Council Member Penn said so what I unde~land then, 1s 1r we table 11 then lhe public nght-of-ways are sbll open f0< everybody to smoke except f01 lhe entrances and stuff kke thal? Councd Member Moore said tabling would iusl leave things as they are today, unbl we choose to address ,t Mayor Woodward said Just for the purpose of clarity Swedish as an employer always has the nght 10 tell the• employees where they can or cannot smoke and that there may a consequence if they are caught smoking on 1he11 propeny They can also instruct customers 0< pabents or whatever that they cannot smoke on thetr property, but once they get on 10 that public sidewalk, and that Is what the issue for me 1s about lhe sidewall<, the alley the green space, whatever. They can't tell thal customer . they could tell their employees that there would be a consequence Council Member Penn said so as we table lhls, can we also ask Swedish not to send those people across the street? I know we can ask them , but encourage them not to send these people across the street, so that they go 1n the private sector Could we send lhem maybe a memo or something? Council Member Mccaslin said you know .. and I agree with Randy In talking to the adminlstraliOn from the hospital there are O<dinances out there I mean these are stin works in progress Denver ,s gomg to adopt It ,n November. but they said. you know, they sunset for two ye= and then come back and address rt to see ,f they have to tweak 11 or whatever I don't want to nass anything nght now lhal would put anything back ilto the reSldent1al area Senousty But I unde~t~na the hospital I mean I wouldn't want to take m, asthma tie father 01 SO<neone to a hosp,tal where they are smo..,~ all around me loo So, ,t is a tough dilemma and I don't think tonight I th,nk we need more ,nlormabon, I think tabhng 1t, we can shll have a d1scusston I think Randy brought II up, at the high school they started tickehng people and lhen all of a sudden they quit and kids are 1us1 doing what they want to anyway I don't wanl to be reactwe on this, I want to be proactive on this. because there are not a K>I or hospitals here who are 1n true restdent,al areas 11,at I have any studies that I can say, oh, yeah, this might work or this might work I think lntorvenhons and solutions are still out there tha t we haven't heard of and we can 't Just say forget It, we are not going to deal with it. Council Member Oakley said consider this, we if table this and it gives Swedish hope that we are going to come back and allOw restrrctJons on public right-of-way they are not going to do anything, they are going to wa,t for us to do that Mr McCashn said do you know that for sure through? Council Member Jefferson said spec,ftca"Y· one of these three 1sn't that what «s keeping 11 ahve, lhese three that we have 1n front of us? Councd Member Wison said well I think, «sn·t 1t the hope that they do come up with an altematrve and that rt ,sn't one of these th1e1:~ C".'lmal Member McCashn sa,d that Is wt, )11 would hope Council Member Jefferson said I think that ,s, I agree I think that Is all of our hopes Council Member Wilson said and then tabling ,t, hopefully lhey can come back with Council Membe1 Jefferson said what I am saying I think your effect tab ling Counc,t Member Mccaslin said Wayne 1f lhey don't , 1f they don t come back lhen we know our answer En glewood City Council October 6, 2008 Page 20 Councd Member Oakley said you are moss,ng my poinl As long as we g,ve them hope thal we are go,ng to res1nc1 smolong on our sidewalks and streels wothon wha1ever, that os lhe direction thal they are goong kl go If we teH them. that ,s not going lo happen lh8<1 they are go,ng to have to do something else Council Member Je fferson sa,d I agree Isn't In effecl tabling ii JUSI actually keeps these three ordinances auve whoch I !honk has gone down the line saying thal none of us support I don'I lhlnk ,t Is saying lhal .. • are not won,ng to address this problem ., the future Councll Member McCashn said but you know, even 1f they say okay, Council doe.•'! want to do anvo, mg, they are still going to pass It There woll be no smoking• n this campus you are still pushing the peopoe out Into the residential woth sbll nothing I mean, these people have nothing to hang theor hats on and we arD stoll where we arenghlnow Council Member O~k•oy said no, we are not If we don't ban smoking on public property an they've got to do 1s step outside of the hospital door and stay on that side of the street If we ban II there, th en they are going to have to cross the str1,.et Then of we ban 11 there, they are going to have to go down the blOck It is all based on v,h1t we ban Mayor Woodward said so aga,11 , .,.~ ~11n conll'Ot the customer I don't think we can control the employee . Council Member Jefferson said while the y are work ing? Mr. Woodward said well , if an employee , W Swedish has a policy much like the Englewood Publ ic Schools, that It Is a smoke-free environment, then nobody Is smoking there, that puts the people that smoke. that work lo< the School 01strict, across 1he street into the neighborhood But It doesn't put an indovodual thal Is walking down the public street. • Council Mem ber Jefferson said okay, ror exa mple then, so a guy on his break at the hospotal smokes on the • right-of-way In front of the hospi tal can be fired or terminated for that action? Mayor Woodward said well a ,s t,~,r pouicy, whatever theor polocy ,sand t don't know whal that fS Mt Jefferson said would l hat policy be legal? Assos1ant Coiy Attorney Rei.. said I am not their lawyer, I'm not gOfng there Council Member Jefferson said you're not going there, o'kay. fair enough But I don't know, It seems that once you are on public space that It has nothing to do with the hos pital. Thal Is my opinion, I guess Council Member M00<e said some employers actually have gone as rar as bann,ng smoking In off hours by theor employees II hasn't been fully tested on the courts If I may address Wayne Wayne , the togoc behNld my approach ... Swedish has the unilaleral right to cont inue the policy they have already started, which creates all of the problems, or contonues all of the problems that we have already hea rd tonight. Rather than us taking, exercising our unilateral nghl to vote this down, my goal was to send a message thal I really want to find some solution and the purpose of the tabling ,s to indicate that des~e to find some cooperatove SOiution Council Member Oakley said okay, but that does say that If you vote that you are wilting to gove up some public property , because there Is no other allerna l1ve Ei ther Swed ish does It on th eir property or we ban public property So, ,t appears lo me, that we can make thal decision It ,s time for us to stand up and make a decas,on Councd Member Penn said I agree Nllh Wayne I think if we make this decosoon and aUow people lo smoke on lhe public right-of-ways, we can alwa ys come back and v,sll th is, but al least, they get the message that we are not supporting this roght now and they can't send those people to the ne,ghborhoods Council Member Oakley said nght now they are telhng the people to call the City, because they think that we are gOlng to do that If we tell them, we are not go,ng to do that, they are not gOfng to be able to tell the people to call the City any more. Council Member McCasl,n sa,d but we are not telhng them that Whal we are doing Is trying to address lhe issue and say okay of they are go1r1g to pass ~. they are go,ng to pass ~ anyway Hopefully they care but rt os • • • • Englewood City Council October 6, 2008 Page 21 still going to be there the issue Is s1111 there You know, we are ttying lo hnd a s0M1on ns1ead of say,ng no lha!'s11 Council Member Penn said but Ir we keep II on 1he1r fronl door. maybe they will make a different decision And we can always look at 11 at a later hme at anolher ordinance later, maybe they will come back with something that John 1s hoping for, but If we keep it on the" front door they m19ht Just reahze that hey you know these people have lo do Is walk out the door Council Member Oakley said another thing that bothers me 1s they have got a facility on the" own campus, C1a1g Rehablhl.11Jon . 1s one of the most famous hospitals in the country, that has two areas v1here these people can go So, 1t is a different philosophy wnh1n the11 own industry It IS not going 10 help by dun:r<ng d or. the City Counctl Member Jefferson said d seems. you know that we are getung Into some semantics about what type of message we are sending 10 Swedish and you know, one approach, I think. is generally we say no then they will send them back to the drawing board And the other approach is If we send them no. they are not going lo want to communicate and eooperate With us again III the future Is that kind of what t am hearing from John and Bob? Counc1' Member McCashn said 1s there anyway we could sit down, I mean really s~ down and come to the table? Council Member Jefferson said I think we are all w1ll1ng ... I tn1nk that 1s my point 3S wen You know by voting down one of these 0/dmances. I v.ouldn't necessanly be saying tha t I am not open to further discussion with Swedish and not ttyIng to find son1e sort of solution that we are an Wllhng to ttve With Councd Member Moore said you are right I personally Just think It sends a slightly better sign of desire for cooperatton and to find something that wor1<s If we end this here. then the ne1ghbolhood will conllnue to suffer as they are right this moment If we do nothing .. Mr Jefferson said regardless of what we do they are going to conllnue to suffer Co"nc:il Member Oakley said and you are saying, if we end this right now and 1t stays like II is, Swedish is going to force those peoplo off o f tne public sidewalk , across the street? How can lhey do that? Council Member McCashn Silld because they did say there IS no smoldflQ on our campus Mr Oakley said we are talking about our sidewalk on the ir side of the street That 1s not dnv1ng them out into the ne19hbofhood. they are staying on the Swedish side Council Me mber Moore said every complaint we have heard tonight '" based on U,e law m effect tonight What we do here I mean, an these problems are a:ready happening Mr Oakley said o•ay, that is a good point That Is a good poinl Why are the people going across the street? Mr Jellerson said that is a good pomt Mr Moore said that Is because Swedish is sending them across the street Mr. Oa kley said ii we say you can'I do that we're not bannng on the1r side. they can't tell lnem they have to go across the streel Mr Moore said they can say 11 what they can't nghtfull y say . you can 't smoke on that sidewalk, because legally today they can So. we ~!ready have the issue that even w,thoul passing any of these the effect Is that they are already going into the ne,ghborhood All these ordinances WIii ;ust guarantee ,t WIii guaranlee what ,s already happening today Mayor Woodward said may I interrupt for a second We do have the Chief Executrve Officer of Swedish Hospttal here ton19ht Mary White I don't know if you would hke to address any of this . come up and say anything or Just listen to the comments Ms Mary White said I would be happy to answer any questtons Ms Wh11e said I think Jul,e has been very much Involved In the Study Session and has shared with y~u the history of this process and we have been plann1119 this with 40 other Colorado hosp,tals for the last 8 to 12 Englewood City Council October 6, 200 8 Page 22 monlhs Anet our goal ,s 10 have a good ne,ghbof policy as well I am Ulken by Mr Oakley w,lh his passion lor n.,1 wanting lo violale !he nghls of !he people of EnglewoOd and g,v~ away C11y property for !he but you really shoufdn I and so f a'll s1lbng here thinlong maybe ,,,e were wrong ,n asking you for this ord111ance because !he Denver Hospital has asked for 11 and we lollowed sull And maybe ,1 was n;,I1he rghl 1h,ng to do I am slnlCk by h,s passion for not wanting 10 sec a precerlen1 ror someIh1ng lhal you may not v.anl 10 do for other organ,za~ons in the future So, 11 may not be tne right thing to do Counctl Member Je~erson sa,d so amt heanng Iha! you may be wilhng 10 reconsider th is pohcy? Ms While said no, I may be w1lhng to not request !his ordinance. Mr Jefferson said I see So II sounds hke !hat answers a lot or what we were talking about h~re lhat their pohcy wouldn't change Ms While said I don't know If the other s,x of you feel the way Mr Oakley does bul he cenainly has enough passion for the rest o' you There was taughler Counol Member Moore s,1Id I .vis 1 ...,uld grab some or his pass10n, but believe me 11 Is under there somewhere, but ray pass•••n ,s ,.,e ,,-,µ~cl lhat you are doing 10 your neighbors Anything you can do to he lp me understand !hat • Ms White said I her you I have ,-r01",1Sed Julie I wouldn't say this. because II ts a pubhc meeting and Tom w,11 misquote me, bt:1I would prefer lo h, •'<! an ordinance !hat bans smolong., the City or Englewood completely But, so puf that oul lhere The re 11 .,,. ,ughter But thal Is my personal view, not lhe hosp11al's v,ew In the past three days, I rev,ewed video fro,,, ;,1 f ·-urs on Thursday, October 2"'. Friday the 3'", Saturday the S" and I reviewed It all yesterday and ,. e numt r of people that were videoed outside our ED, because that seems to be the biggest problem are.i ls around E:.'"1. versus the front entrance to the hospital or the foad,ng dock area The total number of people videoed in a ?4 hOur period w ,ed from 16 to 26 There were several employees, but mostly visitors and one to two pahenl s a day and most of .. , ,t divided half and half people that went across the • slfeet to smoke e1ther by the a1;=Y -r by G,rard on Pennsylvania and the others were people that you could see on the video that !he secur+ty guard that we post out there 2417 by the ED fo, this purpose, went up to and said please stop smoking and t hey stopped smoking and went back into !he hosp11aI So, the numbers might have been larger when we started th,s event 1n August blJt I was not struck because I kepi heanng from the s~curlty people who told me so many people an hour I said I must see that, because what I hear from the ne,ghbofs doesn't sound like one to two people an hour smoking out across the streel So, I wou ld be happy lo share that video with you 1f you want to look at three 24 hOur segments of video But 11 doesn't sound like one or two people an hour Is acce plabl~ or ten people an hour is acceptable. And you are nght. 1f you do not allow this ordinance and people can smoke on our Sidewalk they can also smoke on the sidewalk across the street I can't control that We had a person on Saturday night. and Juhe m,ght have shared lh1s with you'" the S!Udy Session !hat Is an employee and we probably can't fire them for standing on public property and smoking but we can cena,nfy ask them to be good ne,ghbofs and follow our good ne,ghbor policy The employee was told to slop smoking and they called the pohce They called Englewood PD and filed a harassment charge aga,nst our secur,1y officer who had come across the slfeet and said please don't smoke across the street In our neighborhood on our neighbor's property s, Wllhoul the ordinance we can'! do that, bu! I can respect your des,re not lo step over lhe boundary of what government should and shou ldn t do W1lh the ordinance we could, bu! ~ could be that the SP.CUr~y guard would have 10 chase these people hall way down the block 1f we extend 11 200 yards or 400 yards So I am no! sure what the nght answer ,s and maybe ,t Is that we JUSI say go to lne sidewalk ours, yours and thal m,ghl be whal we need to do Council Member Oakley sa id I apprec,ale your commenl s and I think lhal eventually this will work 1tself out We have seen c,gareue sales conttnually drop year after year m our revenues and I beleve 11 ,s going lo because the message Is gertmg out that th,s ,s what 11 ,s We all realize whal 11 ,s So, f think ~ you would maybe make a htlle more accommOdation outside of the building for the peop le that ,t wi ll eventually work ,ts way out Ms White sold 1hank you for yo ur passion I layor Woodward sa,d thank you Mayor Wood.vard said ,s the,e any funher dIscuss10n or can we can the quesf,on? • • • • Englewood City Council October 6. 2008 Pago 23 Counctl Me mbef McCashn said I seconded 11 Counctl Member Jefferson said Im sorry, whal was the quest,on on the table? f\SSIstan1 C11y Attorney Reid replied to 1able Mr Jefferson said 10 table thank you Ass1s1ant City Attorney Reid said and Bob seconded Maro, Woodward said okay so we are vobng on to table' Counctl Member Jefferson said can we have a hllle more commentary or ha, e we calte<l for the vote already It doesn'I seem, you know, just from hearing from her that they are wi lling to have an open conversation about !heir policy and Iha! betng said , lhen I'm not sure that tabhng It ,s gotng to do what Councff Member Moore, I lhlnk, lmbaDy wanted Council Member M'lOre said If I may Joe. to ,ne ,t Jusl changes the dynamlC I really appreciate Swed1sh's Input here. I think it 1s clear that any solution that may be fou nd Is go,ng to be between us and the citizens I think Ms White has made their position clear that the lnte11or of their property 1s not up for dlscuss,on So, I am still supporting tabling because with the residents haw,g heard Swed1sh's posit,on IS there a next best thing that we can do for the neighborhood or are we Just go,ng to end~ tonight w,th they're not willing to WOik w,th us and there Is nothing more we can do So that is why. I am just not w1llmg to take anything off the table ... l want to put things on the table I am just nol willing lo rule anything out, because I don't know what. .. I am not willi ng 10 concede right now that the answer Is lo tell those residents there . , sorry, but you are forced to deal with It Council Member Jefferson said I thmk that ,s what the mapnty or the people ,n the neighborhoods there are asktng us to do, Is to vote no on these proposals Council Member Moore said they are hoping lhal Swedish will they , like me, were hoping that · . re would be a solution we would find with Swedish And I th ink, part of what I wanted tonight was to find out if Ill~ message was what I thought 1t was. whch II appears to be. wh1;h IS a cornprormse Is not going be found vn'~ Swedish 111 terms of their own The.-desn for the smoke•free campus ,s a higher Issue for them than the i.. ·al issues It's where rt falls not to speak tor them .. but I think ,1 is clear that Is where ,t falls In terms of the Importance So I am stlll lett wi th, we have residents com ing lo us saying the way things stand today doesn't work. Council Membel Jefferson said I lhink by voting no on one of these otdlllances though, we can put that 111forrnat,on out there that peopr.. .;an smoke III front or the sidewalk. m front of the hosp,tal And that we can maybe conlaIn pan of the problem In their yard rather lhan the nelghoor's yard Council Member MoorP said that Is the way the law is looay so I don't see how tabling changes that Counal Member Jefferson said because they know that we have 901 an ordinance on our table that the Cou ncil 1s consldenng and that, rm sure. ,s what S.ved,sh Is lelhng their patients and the neighbors. saymg this IS where il Is gl)fng to be You know, I mean, I think that Is p:>werlul and you know, putllng that In formallon oul to the public saying no, we are not going to suppon banning that, I think gives lhem some ammo to put lhal inforrnat10r1 out there 10 fight that Council Member Penn said t agree w,th Joe We have got to g,ve them a message and I know we hke 10 be good neighbors 10 Swedish, as they have done tremendous th ings for us, but If we say no, I truly believe thal we can still come back, John, and discuss runher mallors But I think 11 allows the ne,ghoorhood 10 say, you know that is not true, they can smoke on their own side and I think that gives the neighbors at least something lo gel the people back across the slreel And then, I don1 have a problem w,th bnnging rt back up, Darren or whoever, could bong 1t Dack up and gtve us some d~feienl allrtudes about what is going on here. I would be w,lhng to listen but ngh t now, I thin k we say no and keep lhe people and the residen ts can tell them to go back across the street and smoke on the sidewalk Council Member McCasltn said but then you are havmg the residents havmg to enf0<ce something I mean, so the resJdents Several Council Members said they are already havmg to do Iha! Mr McCashn said okay and I Engle wo od Cit y Council Oc tober 6, 2008 Page 24 agree with you , bu t I thi nk we need to co me up wit h someth ing Th ere ha s go t to be other hospita ls on this cou ntry , be caus e 111s a nat ,on wi de thing It 1s no l Ju st De nve r, it 1s nol Just Engl ewood , 111s a nall on wine policy that 1s ha ppening Coun cil Membe r Penn said we ca n alway ·; come back and tal k abou l that later Bob Mayor•: 'oodward sa id as Randy says , we can come back to tha t. Council Me mbe r Mccas lin sa id that is why we ar e tablin g i: now so we can maybe sit down with Sw edish and say , okay , let's get ta the table and let's come up with some th ing. Counc il Member Jefferson sa id what we are tabl ing are the se ord inan ces Right ? Council Member Moore sa id I wou ld li ke to 3Sk the Cily Attorney a ques ti on . He sa id if we go to a vole on an ord ina nce and do not pass ii, is there any restr ictions on the timeframe or any othe r requ iremen ts before it can be bro ught back before Counc il? Does it need to be ... does it have to sit out fo r any pe ri od of time ? Does II have to be changed be fore we vote on It again ? Assistant City Attorney Re id sa id to give you a very accu rate answer . I will have to look into that. but to the best of my kno wl edge , there is not a particul ar timeframe before you can bnn g it up again Counci l Member Moore sa id okay, I just want to mdke sure that what we we re sa yi ng was true , that if we vote on it ton ight , we still have the fu ll range of freedom , I th ink It is lime to move fo,w ard on th o vote . In the end , all the option s are still going to be avai lable . Th is is all aboul the nuance . Council Member Jefferson sa 1~ I agree . So we are voling on to tab le? Mayor Woodward sa id we are vohng on tab hng Cou ncil B111 No 66 which was the 200 feet. So please vole Vole resu lts : Ayes Nays . Motion defeated . Counci l Members Mc c as li n, Moore Cou nci l Membe ,'S Penn , Woodward , Jefferson , Wilson , Oakley Counc il Membe r Moore sa id sin ce we will be proceedin g to a vote can I mak e a mo ti on to amend my own motion ? Assistant City Attorney Re id sa id that wou ld sound like a fri en dl y amendme nt lo me . Cou ncil Member Moore said in listen ing to Counc li , in te rms of what I think Coun cil wa nts ... wha t the majorit y of Cou ncil wou ld hke to accompli sh ton lghl , I would lh io • we should be votin g on Council Bill No. 66 In the first vers ion where It j ust dea ls wllh the sidewa lk immed iately outs ide or the vicinity , so tha t Counci l's message is nol mud died by whe the r it was jusl 200 foot part of th is that ca used the probl ems So if it is a friendly amendme nt, we don 't have to vote on that cha nge ? Ms . Re id said no . if you r second agrees with it Mr. Moore sa id ok ay, so If lht'! s~cond agrees wilh me , lels vo te on Cou ncil Bill No 66 with th e first ver sion wher e it ju st ta lked about th e si de walk lmme d,alely outs ide of the fac 1h ty . COUNCI L MEMBE R MOORE OFFE RED A FRIENDLY AM EN DMEN T TO HIS OR IGINAL MO TI ON TO APPROV E CO UN CIL BILL NO . 66 -TH E ADJACE NT SIDEWALK VERSION . COUN CIL BILL NO 66 , ll 4TRODllC ED BY COUNCIL MEMBER MOORE • • A BILL FOR AN ORDIN ANCE AMENDING TITLE 6, CHA PTER 1, OF TH E ENGLEW OO D MUNI CI PAL CO DE • 2000 , BY THE ADD ll'ION OF A NEW SECTION 8, ENTITLED "SM OKING OUTDOORS ON PUB LIC RIGHTS - OF-WA Y AD JOIN ING CE RTAIN MEDI CAL HOSPI TALS " • • • Englewood City Council Octobor 6, 2008 Pag e 25 Mayor Woodward said and r..at was Bob who seconded II Councol Membe r McCaslm accepted the friendly amendment Council Member Oakley said okay, we have got to unuersland exactly 1f we vote yes then we are 901119 to approve this A couple of counc,I member4 said yes Mr Oakley said okay Assistant City Aitorney Reid said and it would be lhe one labeled, the first 1n your packet, the one labeled Counc.l Bill No 66, Adjacent Sidewalk Mayor Woodward asked ,r there was any d1scuss1011 Mayor Woodward said for me, It d.Jes not take away the right-of-ways Issue I ·::1:1 be voting no on this There Is a part of this oo Gird!d that both sides of the street are covered It goes all the way over to llnCOln, so I'm sorry, I canl support tll1s Council Member Moo,; said I will also be voting no on this to send the n1essage It.at.,. with the statemen t that I am not happy about this problem being pushed on to the residents I hope we can ~d something more tolerable None of the solu:ions 1n front of us tonight seem to be il So, I also WIJI be voting no Council Member McCashn said I agree. Ma1·or Woodward asked 1f there was any further discussion There was none. Vote results: Ayes . Nays Mobon was defeated. None Council Merr.bers Penn. McCaslin, Moo<e, Woodw31d, Jefferson, Wilson, Oakley (vii) Deputy Chief of Police Collins presented a recom:,endation from the Police Departmenl to adopt a bin for an ordinance authonzing an Intergovernmental Agreement between the Police Department and the Internet Crimes Against Children Regional Task F'on:e ThlS bin was brought up to Council last year It Is a multl-junsdictlonal Task Force ... be n Federal, State and local enltt1es. It's sole purpose 1s to Investigate and prosecute the sexual exploitation of children T he Police Departmenl has reaped some very s,; ,iflcant rewards from our partlctpatlon in this. last year's ordinance had an expiration date and that has s~,ce exp~ed and so we are now bfinging this forwa!d aga111 This will conbnue unbl terrmnated per the provisions or the IGA So, hopefully this will be the fast time I have to bnng this up COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER WI LSON SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vii)· COUNCIL BILL NO. 70. COU NCIL BILL NO 70, IN TRODUCED BY COUNCIL MEMl3ER PENN A Bill FOR AN ORDINANCE EXTENDING AND AUTHORIZING THE EXECUTION OF AN "INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST CHILDREN REGIONAL TASK F'ORCE" BETWEEN THE CITY OF COLORADO SPRINGS ANO MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD, COLORADO . Ma1or Woodward asl<ed 11 there ,..~s any d,scuss,on There was none Vote results : Motion carried Ayes Nays Cour ~I Members Penn, Mccaslin, Moore , Wood• ard, Jefferson, Wilson. Oakley None Englewood City Council October 6, 2008 Page 26 (vI11) Housing Finance Spec,ahsl Gnmmelt presented a recommendauon from the Community Development Department lo adopt a bill for an ordinance authorizing lhe execullon of a Matching Granl Apphcallon ,n lhe amount of $5,000 and agreement for the 2008 Governor's Energy Office Insulate Colorado Program for exisllng homes She said this April the Slate had funded 43 programs , around the sta le 1Iself , as a malch,ng grant program lo encourage homeowners lo prope rl y insulate their homes, Including ceilings and walls It was such a popular program lhal there was a second round that was issued In Jene and 11 was asking additional cities and counties and ut,hlies to continue to participate. The Governor's Energy Office WOfkS closely with lhe Installation of insulabon m these Col01ado homes and is requesting lhal partneMg communllles malch the~ granls so lhal rebales can be offered to the homeowners With in those oommunlt,es The matching grants would be 20% of the cost of the 1nsulaI,on, provided ,t is done by an approved lnsulabon coniract01 and up lo the standards of the energy code 01 ~ would be up to a maxim~-n S300 00 rebale The malch tha l we are requesllng al this dale is S5000 00 and lhal money wlll be mat..ned with monies out of the Communtly Development Department The staff or the Communrty Oevelopmenl Depa, tment will admM11sler thlS program and It win be Immedial ely ,mplemenled upon the approval of the ordinance With the State So. hopefully lhls program will be going lnlo effect ,n November. Arly questions? Mayor Woodward said I have one . Is lhere a list lhat's going to be made available of the eligible Insulation contractors? Ms, Grimmett replied yes, This list Is pr~vlded by the Slate and ,t would be par1 or the information thal would bP given to the Individual homeowners I anticipate It would be information that they would be able to download from our website "~yor Woodward said okay Thank you . Mayor Woodward asked 1f lncre were any olher questions There were none. COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (viii)• COUNCIL BILL NO. 71. COUNCIL BILL NO 71. INTRODUCED BY COUNCIL MEMBER WILSON A BlLL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BEl'NEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE OF COLORADO, AUTHORIZING THE EXECUTION OF THE MATCHING GRANT APPLICATION AND AGREE<AENT FOR THE 2008 INSULATE COLORADO PROGRAM FOR EXISTI NG HOMES . Mayor Woodward asked 1f there was any dlscuss,on Mayor Woodward said hopefull y we are able to get this on the internet and advertisi ng th,~, dS lhere Isn't much time left, but this could be or value to lhe clbzens right now with some break in the cost of Insulating, which Is considered , as far as energy savings, a low nang,ng fruit So, hopefully this passes. Mayor Woodward said d there ,s no other discussion, please vole Vote results: MOIJOllcamed Ayes Councd Membefs Peon. McCastin, Moore Woodward . Jefferson, Wilson, Oakley Nays None (b) Approva l of Ordinances on Second Reading • • (i) Council Bill No 38, as amended, amending the Umfied Developme, • Code re lating to • bomdlng or rooming houses was considered COUNCIL MEMBER MOORE MOVED, AN O COUNCIL MEMBER WILSON SEC ON DED, TO AP PROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 55, SERIES 0 ~ 2008. • • Englewood City Council October 5, 2008 Page 27 ORDINANC;l:C NO 55 , SERIES OF 2008 (COUNCIL BILL NO 36, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AI.-IENDING TITLE 16. CHAPTERS 5, 6 AND 11 OF THE ENGLEWOOD MUNICIPAi. CODE 2000 RELATING TO BOARDING OR ROOMING HOUSES 'N THE CITY OF ENGLEWOOD, COLORADO Assistant City Attorney Reid said , Just ror ctar1ficatIon the Ordinance, as amended , was property posted and published The version that was In the Council packets was inadvertently the original ,. on first reading , before It was amended However, It was published correctly as amended and Council now has the amended version Mayor Woodward asked 11 there were any comments Counc,J Member Oakley said I have soma discuss,on In relallon to the attorney, Mr. Kuhn, I would like to ask the Attorney's op1111on on Whal was sard ,n this letter about I read thal in paragraph 3. under 16-5-2 How many of you have had quest10ns aboul this lelle<, other than me? Ms. Rerd sard 16-5-2? Mr Oakley saij I am trying to see on here where II states.. Ms. Reid said I'm sorry, I don1 have a copy of the letter. Mr. Oakley said oh, you don't? Ms Reid said no I think that was in your mailbox, I didn't get a copy of that There was discussion regarding how Council received the lelter. Mayor Woodward said I think ti was in the Council newslelter. Ass.slant City Attorne1 Reid said may I have a moment? Someone gave her a copy of the letter Ms Reid said and your question Is? Council Member Oakley said they are saying d ror some rijason they have not met one of the requirements. that their grandfathemg would be removed from them and I can't see that In there. If thal Is the case. I would like to know about II Ass.slant City Attorney Reid said what the grandfathenng prov.sion or section 6 says ,1 gives three cntena and whoever Is applying to be grandfathered In as an ex,stfng boarding or rooming house, must comply with those three things, They have ao days lo do that and to gel a final lnspecllon by the City, or final approval. .. depending on ,f ii is Bui lding or Zo111ng The Council seemed lo th ink that that was a reasonable amount ol time for anyone to gel those things done Council Mem!>er Oakley said okay I understand Iha! but d01:s their lawyer say anything about tJmeframe In there? He Just said. as I read 11, that ff there was something wrong that they would lose their grandlathenng Arid I oon'l think that was our ,ntenL Ms Reid saKI he says H sets forth. essent1alty, the same unreasonable requvements that were staled ,n the pnor version That's an op,mon about whether or no1 they were unreasonable Mr Oakley sard okay, alright Ms Reid said 11 suggests ,f any permits or l,censes required for the property or structures are ,nsulf,c,ent for any reason, the appficant will be dented grandlalher,ng under the ordinance Well. ii they are insufficient .. an that this ordinance would be requ,nng them lo do Is lo comply w1I~ the ordinances as they exist Mr Oal..ley said that Is my point Ms Reid said as they should have been doing ~II along II gives lhem 60 days If they are remiss on an1thlng Iha! they haven't previously been requ ired lo do 11 gives them 60 days to bring 11 up lo snurr, to be comphanl wllh :he •egular Mr, Oak ley said okay, I just didn't want them lo say that we are ,mmed,ately denying them grandfalhenng Mayor Woodward said I wanted to clanty in my own mind I don't feel that I am gomg to be threatenea by an attorney on somethmg hke that II rs p,etty clear I th,nk what Counc,t Member Oakley said I certainty wasn't threatened, I Just wanted clanficallon Mr Woodward said yes I lhtnk that H ts very important some of these things like final ,nspect,on or inspections on permltllng that sort of thing for the safely ol every body there has been approved • Mayor Woodward asked If there were any other comments There were none Vote results: Ayes Council Members Penn , McCaslln, Moore, Woodward. Jellerson Wilson, Oakley Englewood City Council October 6, 200 8 Pa ge 28 Nay~ None (h) Council Bill No 67, an emergency ordinance authorizing and approvmg the <Ssuance of Pnvale Ac!Jvity Bonds for capital improvements at various Boy Scouts of America slles was considered COUNCIL MEMBER OAKLEY MOVED, AN O COUNCIL MEMBER PE NN SECO NDEO, TO APPROVE AGENDA ITEM 11 (b) (II)• ORDINANCE NO. 56, SERIES OF 200 8. ORDINANCE NO 56 , SERIES OF 2008 (COU NCIL BILL NO. 67, INTRODUCED BY COU NCIL MEMBER OAKLEY) AN EMERGENCY ORDINANCE AUTHORIZING THE ISSUANCE AND SALE BY THE CITY OF ENGLEWOOD, COLORADO OF A REVENUE BONr. (DENVER AREA COUNCIL. BOY SCOUTS OF AMERICA PROJECT) SERIES 2008 IN AN AGGREGATE PRI NCIPAL AMOUNT NOT TO EXCEED $7,000,000 FOR THE PURPOSE OF FINANCING CERTAIN FACILITIES AND IMPROVEMENTS; APPROVI NG A RELATED FINANCING AGREEME NT ANO A BONO TO BE ISSUED THEREUNDER ANO AUTHORIZING THE EXECUTION OF SUCH FINANCING AGREEMENT. BO ND AND OTHER RELATED DOCUMENTS, MAKING FINDINGS ANO OETERMINA TIONS WITH RESPECT TO SUCH FINANCING AND THE BOND; ANO REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH AND DECLARING AA EMERGENCY Mayor Woodward asked If there was any discussion There was none. Vote results: Ayes: Nays · Molloncamed Co. icll ·.;~mbers Penn. McCaslin, Moore, Woodward, Jefferson , vv .~on, Oakley Nm1!) (c) Resolullons and l '; ,ons (I) Director Gryglewicz presenled a re=on" ,andation from the Department of Fmance and Adm1nls1rative Services to adopl a resolution approving the uansfer ol $75,000 00 from the General Fund to lhe Public Improvement Fund for improvements to the parking lot al Broken Tee Englewood Goll Course. He said, just a llttle bl of background on this . Back in 2007 , at the Budget Retreat, Counci, approved a $ t 5 mln1011 what they caned, at the 111118, Bnd!,e Funds But because 1007 revenues were bi.tier than expected, that money wasn't needed, so Council moved a million dollars Into the L TAR Funds , Long Term Asset RcseM! and $500,000.00 went into the unreserved, undeslgnated .. with the understanding thal the Goll Course may need some of that money I? complete some projects Eartier this year, Council approved the transfer ol $220,000 00 and this Is a transfer of $75,000.00 and lhal will be done to ove~ay the parking lot al Broken Tee Golf Course. COUNCIL MEMBER McCASLI N MOVED, AN D COU NCIL MEMBER WI LSON Si:CONOEO, TO AP PROVE AGENDA ITEM 11 (cl (I) • RESOLUTION NO, 72, SERIES OF 2008. RESOLUTION NO 72 , SERIES OF 2008 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR GOLF COURSE EXPENDITURES Mayor Woodward asked 1f there was any d1scuss1011 • • • • • • Englewood City Council Octobor 6, 2008 PageW Council Membe1 Penn sald Frank. lh1s IS only lhe ove<lay 11 doesn I onclude all the new addrt100al parlmg ,.e are going 10 put over !here D,recl or Gryglew,cz said lh,s 1s iusl the ov~rlay I know that Rick and Jerrell are both here but 11 IS 1ust lhe oveilay Mr Penn said !hank you Mayor Woodward asked ,f there was any further d1scuss1011 There was none Vote ros ults: Mot,on earned Ayes CoJncd Members Penn, McCasl1n, Moore, Woodward, Jefferson W,lson Oakley Nays None (n) Director Fonda presented a recommendation from the U~llues Department to approve , by moUon, an awaid of lhe West Union Avenue Pipe Rehabllltabon Project lo 1he only responsive bidder, lns1tuform Tech, in the amount of $414,100 00 He said the 16 ,nch water main at West Un10n ,s In bad condition. It Is a quarter Inch steel pipe and we have had to repair It nume,cus Umes We put our a performance spec to do no-dig technology, since there is no place in the street lhat you could possibly put anolher line We had 5 bidders, but only one actua lly bid . lnsituform I lh1nk 1he olher bidders realized lhey couldn't compete w,Jh tns11uform on their process, They came 1n wrth a bid of $414 ,100 00 and I believe we had budgeted $500,000 00. We 1ecommend doing this work since this is such a crilical mam If it really blew we would be in a difficult position COUNCIL M':MBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (11) • AN AWARD OF THE WEST UNION AVENUE PIPE REHABILITATION PROJECT TO THE ONLY RESPONSIVE BIDDER, INSITUFORM TECH, IN THE AMOUNT OF $414, 100,00, Mayo, Woodward asked If there was any d1scuss10n There was none Vole rosults : Mouoncamed Ayes Councll Members Penn, McCashn M00<e, Woodward, Jefferson, Wilson, Oakley Nays None 1•11) Eng1neenng/Cap,tal PrOJecls Adm1n1slrator Henderson presenled a recommendaUon from the Department of Public Works to approve , by mot10n, construction-related contracts for 1he bridge over the Platte River at Oxford Avenue at a total es1uro&ted construction cost of $726,833.83. He said this bridge will be located approximately 4 50 feet north of Oxford on City of Englewood Golf Course property II will be aboct 100 feel south of 1he ex1sllng pedestnan bndge that links thP. front and the back of the Golf Course Presently, our Golf Course bndge no t only handles the Golf Course traffic with carts and main tenance vehlCles and 9olfe1s but 11 also shares wrlh 1he Platte Rive< Trai System the Mary Carte, Greenway This new bridge w,11 separate these uses, so that the trail users w,11 have their own bndge II will be constructed in 3 sections The total spans about 220 feel The project also Includes about 300 feet of new concre•e palh And ii also will construct a roundaboul, where all the d1lferent users will merge We applied for Federal Funds back 1n 2003 and th e oro)ect sco1ed very well due to the safety Issues and due lo the large amount of traffic on the traU system for 1he Platte River The total r • mated cost for the prOJecl for constr,ction 1s $727,0!>0.00 approx,mately Fedeial Funds wllI ,1 10% of the cost Per our Developnw:,,t Agreement w11h Miller We,ngarten, they v.UI cover 20% ot me cost The rema,ning 10% ,s the Engle\\ood 'Tiatch Due to the efforts ol Community Development. they have obtained a grant from Arapahoe County that was approved earlier tonighl and that will cover that remaining 10% So, tonight's moltOn w.l award a construct,on contract to the low bidder Goodland Construc11on and It will award a professional services cont,act with our design engineer. Hartwig and Associales Construct,on would start ,n November and be completed 1n 1he Spnng of 2009 So we as~. for Council's concurrence to award this and I would be happy to answe r 0 111 qu estions Englewood City Council October 6, 2008 Page JO Mayo r Woodward said Dave , I have a question on the bid tabulation sheet The "DBE Goal %" .. what is that? Mr Henderson said that Is, t believe , the under-ut ilized Disadvantaged Business Enterprise Goa l When you use Federal money , they requore that you ut ilize a certain percentage of DBE contractors . In this case II is 7% or maybe 7 5% ... one Is 7 and the other Is 7.5 And the contractors met 11 That has to be certified at COOT , before they will concur with an award Mayor Woodward sa id okay thank you Mr. Henderson said you are welcome . Council Member Penn said Dave , are there go ing to be roundabouts on both sides? And kind or give me an Idea of how that Is going to work .. golf traffic . bike traffic , walking Mr. Henderson said ,t Is only on lhe east side As the trails coming up the east side, if you are south bound ... you will hit the roundabout, basically , in front ol lhe existing bridge. ll gives the option for the golfers to go across there and the trail users lo continue through the roundabout and go south about 100 feet to lhe new bridge . There will be a lot of signage that will help direct people and il will slow them down Mayor Woodward asked If there were any other qu estions for Dave . There were none . COUNCIL MEMS ER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (Ill)· CONSTRUCTION-RELATED CONTRACTS FOR THE BRIDGE OVER THE PLATTE RIVER AT OXFORD AVENUE AT A TOTAL ESTIMATED CONSTRUCTION COST OF S726 ,833 .83 . Mayor Woodward asked ii there any comments. Council Membe r Oakley it Is certainly a really big price for us . There was laughter. Mayor Woodward said It • truly is . There is a lo t of work that has gone Into th is for a lot of years and this is called leveraging our funds . • Great work . Vote results : Motion carried . Ayes: Counc il Members Pen n, Mccaslin , Moore, Woodward , Jefferson, Wilson , Oakley Nays None (Iv) Engineer ing/Capital Projec ts Administrator Henderson presented a recommen dation from the Department of Public Works to approve , by motion, const ruction-related contracts for the Bridge over th e Platte Rive r at Dartmouth Avenue at a total estimated construction cost or $765,638 .34 . He said this motion will sound very slm1lar to the las t one . It has always been staffs Intention to award both of these projec ts at the same time to take advantage of the economy of scale. And , fortunately , COOT has given their blessing to award these So, I am here ton ight to present a motion to awa rd the construction of the Brid ge over the Platte River at Dartmouth Avenue . This bridge will be placed Jilout 150 feet south of Dartmouth Avenue . It will be a two span bridge , about 173 feet in length and the project will inc lude about 400 fee t of either new or reconstructed trail. Some retaining walls will be required on the west side of the bridge where we tie into the Platte River Trail System . ~his will create a safe and conven ient link for the Little Dry Creek Trail System to connect to Mary Carter Greenway. The exis ting link requores people crossing the Dartmouth Avenue roadway bridge ... it has a narrow sidewalk and th is will help tremendously . We applied for Federal Funds for th is project in 2005 . It was apparent from our self-assessment on our scoring, that this project was not going to score qui te as well as lhe Golf Course Bridge , mainly due to the lower volume. fl is on the Little Dry Creek Trai l System . So , Communit1· Deve lopment. In an effort to win Federal Funding , recommended we uvermatch the proj ect Which we did and the project was approved DRGOG In 2006 . So , the total cost of th is bridge is approximately $786 ,000 .00 . Federal Funds will cov~r 50% of that cost Other grants that we have received from Arapahoe County and GOCO , will cover about 25%, which leaves 25% remainin g and those funds are going to come from Ope n Space Sha reback Funds . So , tonig ht 's motion would approve awarding the construction contract to the • low bidder of Goodland Construction and a Professional Services Agreement with Hartwig and Associates We have also included a 5% contingency for unfore seen conditions . Construction will be on the same schedu le as the ot he r bridge with starting in November and being complete next Spring We ask for your concurrence and I will be happy to answer any questions • • • Englewcod City Cou ncil Octob er 6, 2008 Pa ge 31 Mayor Woodward asked if there were any quest ions Counc il Member Mccaslin said 1s that the schedule .. .for November lo ne~I spring .. for both proi ecls? Mr Henderson sa id II 1s !hey w,11 run concurrenlly Mr Mccaslin said thank you . COUNC IL MEMBER McCAS LI N MOVED , AND COUN CIL MEMBER PENN SECONDED , TO APPROVE AGENDA ITEM 11 (c) (l vl . CONS TRUCTION -REL AT ED CONTRAC TS FOR THE BRIDGE OVER THE PLATTE RIVER AT DAR TMOUTH AVENUE AT A TOTAL ESTIMATED CONS TRUCTION COST OF $78 5,838.34. Mayo r Woodward asked if there was any discussion . Council Member Penn said aga in ... it is a great price . May or Woodward said I JUSI want to mention how important I thi nk lhis brid ge is . And the Leg acy Gran! from the Sou th Platte working grou p was lh e last little piece lha t I think helped us along there . Bui lhis provides for conneclivily from Mary Carter Gree nway lo CilyCen l er, lo light rail, lo a big part of Eng lew ood , And in a safe manner for bicyclists , walk ers , jogg ers , etc . I am rea ll y happy that we are at this point wit h lhis one . Again , great leverag e of City funds Mayor Woodward asked if there were any other comments . There we re none . Vote results : Ayes : Nays : Mo tion carrie<j Council Members Penn , Mccaslin , Moore , Woodward . Jefferson , Wilson , Oakley None (v) Economic Developme nt Coordinator Hollin gsworth pre sented a recommendation from lhe Comm unity Develop ment Department lo appro ve. by mo tion, the South Broadway Englewood Business Improveme nt District Operating Pla n and Proposed 2009 Budget. He said In accord an ce with State Statutes, lhe District f.led its Opera ting Pla n and Budget for 2009 This evening they are seek ing approval of Iha! by motion . Si nce the inception of th e BID in 2006, merr,hants in the District have worked diligently to accompl ish a number of goa ls .. , incl udi ng undertaking various marketing an d Imaging campaigns fo r the down town Improvements . Thal concludes my commen 's. I would be happy to answer any ques tions yo u might have abou t the packe t before you . Thank you . Mayor Woodward said are there any questions for Darren? Council Member Penn said I jus t want to comment Darren . I know we have worke<j on this before. but I wou ld really like to get with you and possibly Gary and try to gel the merchants south of 285 to gel more involved wilh lh is BID program , II seems li ke they are somewha t lett cul of the loop . I know they have been invited. bul I lhink we need lo venture back there again and try to gel the merchants sou th of 285 inlo lhis program and supporting this program . Council Member McCashn said I would like lo second that , because when BID came to us, ii seeme<j like it was all nort h and I knew a couple of lhe businesses up sou th ... and I was ·, • -, lhat they weren 't even approached on the BID . So, I would hope lhal you would expand y, r-· go soulh . I also agree w1lh Mr . Penn on Iha! Council Membe r Wilson said I would like lo make one comment Dar,._,n does a g,~aljob He has guided lhem well , so thank you . Englewood City Council October 6, 2008 Page 32 council Member Jefferson sai d Just to respond lo your gentleman's comments I reel hke 11 lhe people soulh of Hampden want to create thelf own BID, they are more than welcome to You know they don't pay the special assessment that folks north of Hampden do Council Member Penr. sa id you know Joe, I reahze that but f think lhal etther Irey could get with the South Broadway BID, or like I said create theor own I don't know why they couldn't .ill work together and pay Council Member Jefferson said I am Iusl saying thal as of now. t>e--..ause they don't pay the assessment they have lo vole on thal they can't Just include them Council Membel Penn said all I am asking is that we lonk back Into It nnd possibly gel those merchants lnvolved ... one way or the other. Whether it be with the ong1nal BID or creating theuown BID Council Member Jefferson said okay I just wanted to make sure that we weren't tryng to extend the benefits from the folks north that are paying ... to the folks south, that are nol paying . That's all I am trying to point oul Councol Member Penn sa,d no, no ... that's not whal I want to dt" I an· not asking for that, 1101 did I ask lor that Sure, Mr. Jefferson said, neither am I. I am just trying to clarify a point made COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECO NDED, TO APPROVE AGENDA ITEM 11 (cl (v) • THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT OPERATING PLAN AND PROPOSED 2009 BUDGET. Mayor Woodward asked if there was any further discussion. There was none. Vote results: MoUon carried. Ayes Nays 12. General Dlscuaslon (a) Mayo(& Cho1ce Council Members Penn, McCaslin, Mcore Woodward . Jefferson , Wilson, Oakley None (I) Mayor Woodward said I would like to address JP.Ss Gerardf s request that the park;,,g over near the High School that is restncted residential parking only ... that on Saturday, October 25~, from 8.00 am to 2.00 p.m . that It ls not enforced And the Colorado Bandmasters Assoc,~bon. as they have slated here is wiUing to pay the cost or printing Hyers for th~ homes in that area .,,,n pre-notifying them that dunng lhat date, there wUI a Englewood Hogh School extrac\lmcular activity, on that area, very, very close lo the High School Slad,um I know, and I have said on this Council for years now 1f lhose neighbors were Ju•' notified ,t would make all the difference and 1t hat 1T1ade aH the d1fference In the world, because ij gives them tne opportunity lo park or get the ir comes ur •,r whalevrr, to protect their driveways before all these cars come without nolIce Council Member Penn said can I add a •ri,"1dlv amendmenl lo lhal I would llke lo also add that lhey place some signs directing them to lhe Englewund I llgh :lchoot parking area MAYOR WOODWARD MOVED , AND COUNCIL MEMBER PENN SECONDED, TO APPROVE THE REQUEST THAT THE PARKING RESTRICTIONS AROUND ENGLEWOOD HIGH SCHOOL BE RESCINDED ON OCTOBER 25™ FROM 8:00 A.M. TO 2:00 P.M ., THAT THE COLORADO BANDMASTERS ASSOCIATION WILL PAY THE COST OF PRINTING Fl YERS FOR THE HOMES IN THAT AREA AND Will • • P~E -NOTIFY THEM THAT ON THAT DATE THERE WILL BE AN ENGLEWOOD HIGH SCHOOL • EXTRACURRICULAR ACTIVITY, IN THAT AREA, VERY, I/ERV CLOSE TO THE HIGH SCHOOL STADIUM AND THEY WILL PLA CE SOME SIGNS DIRECTING PEOPLE TO THE ENGLEWOOD H:GH SCHOOL PARKING AREA . • • • Englewood City Cou ncil Oct ober 6, 2008 Page 33 Mayor Woodward asked If tt,ere was any dIscussIon There was none Vo te res ults: Mo11on carried Aye.s Cooncrl Members Penn McCashn . Moore. Woodward Jefferson, Wilson. Oakley Nays None (h) Mayor Woodward said, as we discussed at the Budget Relreat and al Study Sess10n we have actually discussed 11 a numt)er of limes , the Resolut10n supporbng the Englewood Guttural Alts Cemer and Englewood Urban Renewal Aulhonty fOf the Englewood Cultural Arts Center Association, a pnvate, non-profit corporation, lo build this Cultural Center on Urban Renewal AuthOf,ty property at Acoma Street and also provide fo r the parking. This was In your packet and there has been one mino r change ... which CO(recled the name to read the Englewood Cultural Arts Assoaation So. f am ask,ng for a motion lo approve this Resolution (Clerk's note: This was listed on the Agenda as ,tern 12 (a) (i) I COUNCIL MEMB ER WILSON MOVED, ANO COUNCI L MEMBER PENN SECONDED, TO APPROVE RESOLUTION NO. 73 , SERIES OF 2008. RESOLUTION NO. 73, SERIES OF 2008 A RESOLUTION IN SUPPORT OF THE ENGLEWOOD CULTURAL ARTS CENTER Mayor Woodward asked ~ there any d scuss10n Council Member Oakley said yes your honor, I would ~ke something amended In section 3. where it says ·currently S197, 500.00', I would li ke ,t to read '1n the amount of $197,500.00" Currently Implies that there may be mOfe money avarlable and I don't lhink that's the case Assistant Cit1• Attorney Reid said so you want it to read "(currentl y in lhe amounl of $197 ,500 00)"? Councd Member Oakl?y said that's correci. Council Membl'r M00<e said I'm sorry, thars nol what I heard you say Wayne Did I misunderstand? You did not hke the word currently in there? Council Member Oakley said nghl, I wa~t 111 the amoonl of instead of currenUy Assist~nt City Attorney Reid said oh, mstead of Council Member Oakley said I'm so rry, I didn't. Mayor Woodward said so delele the word ·currently" and ,n rts place put ·m lhe amnunt or COUNCIL MEMBER OAKLEY MOVED, ANO COUNCIL MEMBER MOORE SECONDED, TO AMEND RESOLUTION NO. 73, SERIES OF 2008 • SECTION 3 TO DELETE THE WORD "CURRENTLY" ANO IN ITS PLACE PUT "IN THE AMOUNT OF ". Mayor Woodward asked if there any d1scuss1on on Wayne's amendment There was none Vote results: Mot10n earned Ayes Coonal Members Pmm . McCaslln. Moore, Woodward , Jefferson, Wilson, Oakley Nays None Mayor Woodward asked d there was any further d1scuss10n on the amended resolut;on There was none Vote results: Ayes Council Members Penn, McCaslin, Moore Woodward Jefferson Englewood City Council October 6, 2008 Page 34 Mooon earned Nays Wilson . Oakley None (01) Mayor Woodward said I wanl lo JUSI mention al leasl one th1119 on regard lo the Pubbc Hearing ton1ghl I !honk whal Joli had moved to do, was agaon to be more lransparenl To lhe posslbll,ty lhal a part of the com onunlly was unaware .. although all of lhe legal quallficalions were made lo, us lo go lhrough and approve 1hos 1omgh1 I think Jill fell, as well as others, that maybe there was a certain group thal needed to really be notrfied and IWO weeks wasn't go,ng to make tnal much or a 'lerence I commend you on lhal Jill (rv) Mayor Woodward saod In regard 10 Swed ish and the smokmg .,, the ordinance, I don't know whe,e we go from here, but I lhink the communily and the City are maybe going to be w0<king together know thal 11 win elomonate a cenain oart thal ,s lhal Swedish can't lell people 10 leave the sidewalk on the Swedrsh side and go lo your side of the street They may be able 10 lefl the~ employees They may even be able to tell their contraclors, I don't know lhat. Bui, I'm sure lhal this one osn'I over Council Member Oakley said they can leU them they can't smoke on that sode, but they can'I tell them they have to go across lhe street. May0< Woodward said correct Councl Member Oakley sax! I'm not so sure that they can even tell them lhey can't smoke on City property but I guess that's somelhing lo be decided (bl Council Members' Choice (i) Council Member Penn said I hope 1ha1 we con1,nue our dralogue w,th Swedish and I • hope it conllnues on 10 where ii appeases the neighborhood and also appeases the cillzens around there I • appreciale all or the great dla•ogue that we have had ton,ght There was some greal discussion and I hope thal 11 continues And we Wlll see everybody in two weeks (Ir) Council Member McCashn 1. He sald I'd also hke to thank lhe residenls that showed up and presented !heir concerns It Jusl gives us an ,ns,ghl and know how close we have lo worll logether to try lo resolve lhos wolhoul Jost p,ece-meaN°' rt I !honk we can come up woth somelhrfl\) 2 He said my wife, who's lhe principal of Bishop Elemenlary ... lonlght Channe l 7 came oul and al 5.00 pm . there was a p,ece about incorporabng arts on 11 e cumaitom and ,ts effect on learning and also Its elfecl on lhe stale's CSAP II was a really nrce anode !;a, d you gel a chance 10 see rt maybe I.hey wi" show rt somewhere else II os a really nice article on what EngleWOOd schools are lrying lo do for lhe kids tn Englewood lh1-ough art (•) Councd Member Mooce said just a qudt comment lhat despole alegatoons ID the conarary, I do make decisoons that need to be made 111 lhos room I rno~e them In this room My underslandong ol consensus decisions, as I staled last week, relale lo making decisions about whal we gel to vole on In this room and as was demons1ra1ed IOno~hl, !here a,e a lot of 1npYI and process So, I guess I'm Jusl repealing n1y5elf from lasl week, but I hOld lo ol (ovj Councol Member Oakley 1 He said along those same hnes, I think thal With the cusenl decisi?ns and lhe rec0<d1ng we're doing now ,n those meebngs, we are trymg lo go II lhal drrectoon $, , :l(?tmes -.-e rusl have 10 wo,k 001 the prewninary thon gs, bul lhey are voled on al th,s !able Bui I certainly suppotl recordings and I !honk we oughl lo have them 2 He said lo the people lhat showed up lonoghl aboul lhe smokmg ordinance, I hope lhal lh1s will g1Ve you son,e rehef Md certainly If you see Swedish 11y1ng to force people actoss the stree~ then II s your prerogalrve lo do something aboul lhal • • Enolev.oo d City Council Octobor 6, 2008 Pag o 35 (V) Council Member WIison said I Just want I~ tt>ank the ot&Zens that came about Swedish I appreciate their ,nput 11 helps us or 11 helps me on Counol (v1) Councll Membe r Jefferson sa,d I pe;t want 10 second lhal Derek. Teresa, Peter lhank y0<I for your ,n pul It was helpful 13 City Manager's Report (a) City Manager Sears sa,d I know the hour IS fate and I'm so«y to do th is Jerrell did stay here for lh,s and he was he·e earlier ton,ghl he had aooU1er Issue on lhe Agenda Because of the hohday hght,ng dIrecbon, I'm Just gc ,ng lo ask Jerrell to say a CO\Jple of words I know he will be brief, but I know he needs some direction to move ahead Director Black said I did want to g,ve you a bnef update. Our slafl has been WOfklng with the BID downtown and lhe BID has committed S7,000 00 to Iha holiday lighting to match the funds that we have . I th ink this Is a perfect example of partnenng with the different groups, different orga ,1izal10ns, for the beUerment of the community On e thing about the BID, the) put their money where lher mouth IS al They are committed to the businesses downtown. They are committ ed lo the community I think you will see a substan hal difference In the holiday llghbng this year, A lot of the cred it goos to the BID for that Council Merr,ber Je fferson said that Is fanta ••;~. Councll Member Oakley said thank you Jerrgll I see nobody better for us lo pa rtner w,th lh~n the BID. I'm looking forward to this • • 14 City Attorney's Report Ass1Stant City Attorney Reid did not have any matters lo h<lng before Council 15 Adjournment The meebng adJOUmed at 10 35 pm • • PIRATEE R l'\l,l l"'XJI) 111,,11 Scuon• 3800 s. l.o<"~ ht,lf\hlO 0, CO 80113 r11. 303.AOli.2!40 FAX 303.806.2296 To Whom II May Concern Brenda Folsnrn. one of the Porateer parents. has approached me Wllh the poSS1b1ilty of you and your business assisllng the P1ra1eer by pn1'1iding the meal ror the final proofing sesS1on that precedes publicauon of the P,rateer, EHS' awar!l-wmmng student newspaper This letter 1s to provide you with background mfOtlnalK>n about the Pirateer in order to help you belier understand how you may best assist us. WhITe journalism ls an academic class. producmg a schOol newspaper offers a different classtoom setung and expectations. Class time ls devoted to the producllon of the school newspaper in all aspecls. from reporting 10 photography to design and layout to editing. The P1rateer 1s completely student directed and student produced. The newspaper 1s pubrished seven limes per year, and while most of the work ,s accomplished dunng class. one final proofing session per issue runs after school from 3 p.m. unrn the issue ,s fully complete and proofread. On average. students remain at school until around 9 p.m. Because teen 1111nds function best when wen led , 1t has become a trad1t1on to stop the production process around 5;30 p.m. m order to refuel both m,nd and body, and students enjoy sharing the family-style dinner. For the last two years, this has been mostly il.12Ql1Uck dinner. Previously. we ordered przza, but when the annual tab came in al roughly 5600~ lo try the potlucks . which e§ve been less expans.'ve, bul not a~.·.-ays a reliable focd source. Any assistance you could provide for one or more meals will be greatly appreciated. The advantages 10 joumahsrn are many: • Your assislar,ce will help a program where sluder.ts develop usable 21st Century skills cnbcal to bol.'l college and career. • Students in )Ournalisrn can enter lhe,r work for scholarship and other award :ipportumties. P,raleer reporters earned SS.500 In scholarshtps for stones they wrote dunng the 2007-2008 school year! • Attached IS the abstract of a recent research student that proves; "High School Joumaltsrn Mai- lers,· results from a study released thts spnng that proves that high school journalism students ·earn higher grade poml averages, score belier on \he ACT I.Alllege entrance e113m and demonstrate bet- ter wntlng and grammar skills in college. compared Wllh students who do hot have those joumahsrn experiences.• Please know that the students and I appreciate your consideration If you need addilional 1nlormation please feel free to contact me. 1 am really e~cited about the awesome student talent we have this year that wtll be producing some great Pitaleers. and 1f you can help us in this manner. we will be very ap.. preaaUve ~J- Sheila Jones. P,r{ieer advtser A.303.806.2240 Wshe1la_Jones@englewood k1 2 co .us 6a ~· ~'IU{-.o\o ~~o \1' -• -I \ I el .,tu~ )? .:r ::;r-<!,< I-.> i!./ C/ -✓ / C.;:,, (,'. II <.,, ✓ f?-,,, d 11J; diJ,o -, Tc,, u r;;'L qi.,'y o/ ~~--:_:'<...,f., o-&-o...Jr.,;4 ./.-<-V Q <9#,,· u u .6 o <., T ../. u.-e. ~~ t7 9-e, d e&--7-,--,--e, /2 <::> 777 -e. {-, e7n .,t,,vo 7,£-ol ~~ ~ 7'<!.-('7-,,'-;;,-,.?' ~;,1 2;:,1_,:,, ✓-. jf-<! o c/-, 7 o-1 _,?c,/ 0 7 ~ fo--, -?J .~-,,er ~ o ~ ~-<--,-<-~ e--,-e__ /..c:..<.,,G-/,::,, ✓---· ~ 0//✓·Gt- <Co ??-? -<-7-e, -"??7 7 ~,,,. -c:.✓-c-e._ C1 ?-'1 d J.r.7: , T ~,,·?? 5 C? T .,-,n -e... d d -✓ d~, T ,/0,,,c:.-<-<.,, .,,t-u,,, Q r ~a ,;? ~--e -c::--(., T ;zl...e-.:,:i ../o /C/' ~ ~ &~~-"-A 0 711 ._ ,/07-n <.. 077-e../-~./,-~ d ~,, d ~;, .T ~,c/~ 0-77 Q -'h~ ~~ .I" ,., C,, ,I"-✓ ✓ ~ ,::; .., ~ --<b'L-jl' ,:;, :,-c_... _,.I ~e;, -/ ~ 0??-.Q. ,<J ✓ ·c:/-e ~ ~ / ;I!-C:'77 _,, .,,, _,,.p-?:; ...e.,, 7 .r-4)y ;i f] -v~ ..c! ~ / , d d ,,:d) ...7., ..;' d ,.,,i' -U1 ~ -n .:;-- ,:7 -t, c, 41!.-T d T, d -✓-,-,d ,A.;'..,.,.,,, d~...,, "(.,, 7 _,,· r c; _, d ~ ~ T /, o /? e, -n c/ c/ ,, 'c/ .AJ,, , c:/-e, I -I C<:>7n /1,/ 4 ,-A"'J O t ---,_,..::;,-/-<,,<,,O ,:;,off_, <.., CJJJc;;, C-c:;,-n,-,--0 O-<;..:r ,-1 .,. <:.;,:,..'2., ,;<IQ ·P' ('.... d4;j? 4 /2 "'--,r.,., ✓ 7G, .,/ e, / /4 /4-e o / />' -<-<.:. ,,u, c:;-aJ!_ ./-<-" C, n-. e. ..,., q -n c/ A' /2 ? -T /f ..:: -t,,' e ~ .r _,,,,,,, 5:, ,'J':l ic::, -c,f ,e.,, I ~o/ '1!?~ ~ C-,, fa ';5t /0 ~~ A,(_ °7;:, ~~ "'~t ~=-n ~ /-?~7.,,'.,,.$ /c:-~ 9'-e, '177 .,, ~ ._ d',,:r 4 --C/ .4 A ..e, ~ = ::r -0 ~ 07,,, /o 6 C7 -r o--<./ 1/ M--o ::r ,ff I .:,.c:;/ ,JD e..., ;J er-,,, _.,R,,.f c::... </° r '..,.. 7 d e.. _:e;.r,::; :,-, A ~~ -.:.,, -1; &" ? -<><.,,c:>O d'?!Jc.ra, 7 /,:;, ,. c/ PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT October 20, 2008 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS TOPIC October 7. 1008 Nicole Kelley 1048 Eichhorn Dnve Erie. Color3do 80516 To th Englewood Cny Council Board: This letter is to infonn you that effective immedia1ely Nicole Kelley will be resigning from the Keep Englewood Beautiful Bo:ird. • It has been a pleasure to serve on this board over the last year and half • Thank you. Sincerely, Nicole Kelle) 8a • • • r RO CL A \I AT IO'\ \\'IIEREA . the co I or rcur,'ITIClll conunues 10 ri em Liu., Cnued Sw1c, ruid the n,'Ctl for grc:iter . \'iogs grow : and W}LREA • man} employee may not be aware ortheir reLircmem s,1,1ngs opu ns or may nm be taking full advamage of Lhc1r workpla e defined contribution plans 10 the full extent allowed by 101,; and WHEREAS, nll workers , including publ ic an d privat e sector emp loyees. employees <>f rnx-cxcmpl organizo ri ons and se lf-empl oyed individuals can benefit from increase d owarcnc s of the need to save for retirement: NOW THEREFORE, I. Jomes Woodward , Mayor of the City of Eng lewood. Col rodo. he re by proclaim th e wee k of Oct obe r I 9•h through 25'\ 20 08 as: N T IO AL ' VE FO R RET rRE~IE 'T WEEK in the City of Englewood, Colorado. GIVE, under tn) hnnd nnd seal this w•h day of October, '.!00 . James K. \\\l(,dward, \fa: r Bb • • • BY \l"I IIClRll Y ORDINANCE NO. SERI! SOI-~CM)'-COU1'!C ll . Bil I 1'0. 6S 1)1.TRODIJCI I> BY COl :-:nL ~IDIBFR MOOR! AN OROINA:,cF ALTHORl7.ING A 'l l'TFRGO\'ERNM FNT Al GRANT AGIU ell X I BETll'El,:-1 Tl II~ CITY or l:l':Gllll'OOU. COLORADO. Ar--D ARA l'A HOE COL'\TY. COLORADO. FOR 2008 Ol'EN SPA CE GRANT FOR Tiff PLATTE RIVER lllKE PED ESTRLAN BRI DGES PROJECT. ll'IIER EAS. 1hc Ci1 y C.\1unc1l of 1hc C11y of l·nglcwood nu1horizeJ 111,ming 1hc S,,u1h l'lanc \\'C'rkll\M Group Panncrs.h1i, Ab,rr~mcnt 111 AuguM 1008 . which agreement \\as required to ttccrpl the Grcal Ou1doors Colorado (C.OCO) i;rant funds for the Sau1h Plane Comdnr: 311d IVIIEREAS. C11y Council approl'cd muil ip lc h11crgovcmmcn1a l ,11,trccmcnt s hcl\\ccn WOS and 2008 wi1h Grant and Sharcb.,ck funding for 1rails. trailhc.1d amcn11ic:s. land acqu1si1i<>n nnd park enhancements: and 11'1 IEREAS. Ci1y Council adnp1cd 1hc Sou1h Plane Ri, er Open S11acc l'lnn i n Augus 1 2003: and 11'1 l~R EAS. l 'lly Cou ncil adop1cd Koadmap l!nglcwo<1<l In June WOJ winch includes .,n ckmcnl on Rcg1onJI CllopcrJllon. induJmg go:1ls lor Open Space and 1:1,,ironmc111:1 I Qualil)' 11'1 IERF.AS. 1hb Ord,nnncc "ill .mth,,rizc the l111crgo1cnuncn1al Cira111 Agrccn1"nl bc111c-cn Arapahoe C'ounl) nnd 1hc ('uy fo r 1h c dcl'clop111c111 of1hc Sn u1 h Plane River Bi~e nnd Pc,lc~1n:1n Bnd~c-s: NOii', TIIERl·FOKE. BE If ORDAIN Ell BY fll E C'ITY COUNCIL Cl! 11 IE Cl t ·,• Of ENGi FWOOD. ('O1.ORAl)O. AS FOLi Oll'S: ~-The l111cr~"' emmc111nl Grom Agrccmc111 bcl\\l'Cn the Cuy orEngk'\,0.1<1, C<'lor:idn, and Am1mhoc l'oumy. Col,ir,,do, pcnni11111g 10 1hc S11u1h Pl1111c River !like nnd Ped, ... man Bridges. auachcJ as Exlnhu I. is herd>) :te<c'Jllcd and appr111 c-d b) 1hc l·nglcw,-,d Cil) t'ounc,I Scc11<>n._;:_ l'urs11a111 111 t\11 iclc V. Secl11'11 -10. of 1hc I ni:lc'""J I lnmc 1(11lc l'huncr. 1hc l'11) l ·,~111<1! ha-Je1cnmncd lhJI 1hc \(!rc'l.~11<111 shJII IK~ he puhh,11<-J lx,cau,c \If IIS we St.•1.·1ion ,'. I he fl.l a)or 1s authorucd to cxci.:u tc and 1h~ C11y Cll:rk lo att c!'ol und ~c;1I the h11cr;:<"cm111c111,1l lira,11 \grcc111c111 for 111,J nn hclmtr of 1he t'ity of rn,le\\c'<"1. t'oloradn h,.,oJucc,I. read 111 full. and pas,c-J 011 lir,1 r<admg on 1hc b1h day ofCl.:101>...,-, 2CKIS . l'uhhshcd a, ;1 Bill for ,111 Onhnancc m 1he C11)'°, unictal newspaper 11111hc 10" ,lay <>f()c10bcr. :oo . Puhli,h,:J J, o 1h11 for ~111 Ohl111.1u~,· ,111 the lll} ·, ,,111..:1.11 \,ch,uc bc~uuun~ nu 1hc \th Ja} ol t \:h•hcr. 1<KI~ for lh1") (Jtl) Ja~, lkatl h~ 1111c nnJ pos-<-<l ,,., lin.11 reaJmg on 1hc :o• Jay <'f Octolx.-r. :(KIR l'uhh,h<-J h~ 111le in the Cot~·• ,,mcial 11<'\h(',1Jl<'r a, Ordmancc No 1he :J1h Jay ,,r <>.:100..-r. :oos fame,, K. Woodward. Mo)or ATTEST· L,,ucrishoa A. Fllos. City Clerk I. Loucnshm A. Ellis. City Clerk of the City of Englewood. Colorado. hereby ccni fy 1h01 the nbO\'C nnd foregoing is n true c,,py of the Ordinance pnssed 011 final rending nnd published by 1111c as ()rdi,mncc No._. Series of 2008. L,iucribhia A, Ellib • • • • • • I'\ 11 IH;O\ rlt'\\11 :,,' \L ,\(;HFDIL'\ I lffC, \Rlll.'l;C ; ?OIIH G il \'\ I m \l!,\l',\llm ( Ol ·"T\ Ol'E:,,' :r.\ E l 'ROGllA~I I l '\ll l'IWJ .n '\\\I[: l'I XrfE Hl\·rn 131K[ 11•rnr:. 1 RI'·" IIIUO(;E', I 111 ln1:r~o , crn mcn tJ I 1\ r:emcnt r·Agr ·em.nf' l. 1s m,,.k J nd cnt ·rcJ m hJ I,) .m J ~l\\C n T llr 110 \RI) OF r m 'l;T\' CO~l:\11 10:--ERS m T IIC Ol :,,·1 \' OF ,\It \l'-\1101:, T 1\I ~; 01 COLOIL\UO . (the "Coumy .. J and rhc C ITY OF E. GLC\\ OOll, a muni,1pali1y and pohucal sul>Ji,·i ·mn of the rare of Colorado (rhc .. Grantee") \\ IIFRF \. , on !\o,·cml,,tr 4, W03 , the voters of 1\rapahoc Counry appro,cd a county• ,1i<le iales and use tJ, to be used for specified Open pace purposes as set forth in County· Kc ·olmi on 'o 030381, and \\'I IERCAS. Rcsolu11on No . OJOJS I authorizes the Coumy 10 award grants of funds from the pen pa c Soles and U e Tax ("Grant Fu nds") 10 be disrributcd 10 municipalities and spec ial d1s1rim. as more l'ully se r forth therein, WHERE/\ . on hly 20, 2008 the Couot) ,p pr ,•ed th e Grantee's Pr oject Application, which is anachcd heret o ~nd incorporate d by re f,re nce l1erc in ns Exhibit A, ("Projec t App li ation"), subjec t to the execution of an in1ergovemmcn1al agreement and wbjccl 10 1hc 1cm1s ~nd cn ndi tions contained hercm ; WI IERE/1S, the County dc~ires lo enter into intergovernmenta l agreemen ts, as a condition of grant appro,•al, with such municipalities and special district_; 1h;1t have been appro,cd for grants from the Coun1~·; and \\'H[~R.E.I'\ , these intcrgo\'crnmcnlal agreements are authorized by Article XIV , c ti n of the ColoraJ o Consllluti on and COLO :{EV. STA T § 29-1-203 . : '0\\'. TI IERl:.FORE . the County and the Grantee a_ree as follo,,s : .\mount of Grant. Tiic County agrees 10 pro,iJc Gr,mce with Gmnl l'unds m the aml•Unl not Ill cxn·cd 250.000 from the /lr.1p.ih 11c County Open :pJcc, !'ark s and I ra ils Gran t Program for the Plauc River Bike I Pede strian llnd gcs ("Grant Pnojccf'l 1. l ~f ~,rillll..D.t nJ;i . 1 he rantec ag rees that 1t s u ll c,nl y use the lirant runJs for the Grnnt l'r<1j cc 1, a, ,d forth in Exhihit .-\. I 1me Fnr Lise of lrrnnt FunJs . TI1e Gran tee agrees that sud1 Cir.int · unds ,, ill be c,rwnd,·J by no I.tier than one year fmm the date of this Agrccmmt, unle ss 11 llm ~cr p,ri ,,d of 11me is otherwise agrceJ 10 b) the Coumy in ,, ri1i11g . )J1 1~~!• Gr ;mt hmd s. ·1 he Gra nt ee fun her agrees that, ofter receipt or its Cir,m t, the ,rnnl~c wil l use any in1ercs1 earned on the Grunt only for 1h c Gran t l'r0JCCI as sci fo rth in il s a11provcd grant aprlica ti on . C '\ Ii l B l ·r Adminj•tralll'P of Gr3nt l'roiect . The Grant ee shall be rcsr<>nsible for the dir,·ct • supen 1s10n .md aJ111inima1ion of the Grant Projc.t l he LOUnl) shall not be hablc or responsible for any cost ove rruns 011 the Gr~nt l'roJcct. Nor shall the Count) shall ha"c M)' dut) or obligmion to pro\'IJe any additional funding for the Grant Project 1f the Grant Project cannot be completed with the amount of GrJnt r und~ awarded b) the Count) to the Gr:unce. 6. Grant Pmjec t Snc V1s11s. Upon ::!4 houcs "riucn notice 10 the Grantee, the Gm111ee ai:rees 10 allow the County to make snc \'I Sits before, during. at the completion of :mdlor after the Grart Project 7 Acknowlcdeement of Countv i,y Grantee. The Grantee agrees 10 acknowledge :he Counl)' ns a con tributor 10 the Grant Project in all publicntions, ne"s releases and other public:1y issued by the Grantee related :o the project and agrees to allcw the County 10 do the same. If nny events are planned in regard to the Grant Project, the County shall be acknowledged as a contributor in the invitation 10 such events . Grantee shall coopcrnte with the County in prcpanng public information pietts, providing photos of the Grant Project from time 10 time, and providing access 10 the Grant Project for publicity purposes. 8. Required Sign a1 Project Site. Grantee agrees 10 erect and pcrmnnenlly maintain a1 least one sign in a publicly visible area in recogni tion of the grant from the Arapahoe Count)' Open Space Program. The locauon, form, design, and wordmg of such sign shall be approved by the County, Such sign shall be erected prior 10 the completion of the Grant Project or its puhhc opening, whiche,er is the earlier. 9 Report Requirements. On or before January 31 , 2009 the Grantee agrees to provide the Coun1y with an annual updated report that describe s the amount of progress in completing the Grant Project, Grant Project milestones, and the use of the Grant Flmd£ 10 date. Upon completion of the Grant Project, the Grantee also agrees 10 submit to the County a final report, including a co,·e: lc11er that certifies what the Grant Funds have been used for and that the Grant Fund s hav~ been used m accordance with County Resolution No. 030381 The final report shall also incl ude n detailed projw su mmary along with high resolution photographs of the ,arious stages of the Grant Project dc,clopntcnt and its com pletion. The Grantee further agrees 10 provide the County with 1111 electronic copy of the final rcpon, including separnic high rcsoluuon d1g11al ph<11ographs. l he final report shall be suh111i11 cd within three /3) month s of project cnmplction unless o longer period c,f un,c has been :igreeJ 10 b) the Count)· m "riling. TI1e Cou111y shal l be allo\\ed 10 use information and pl1otographs from r.-po11s in publications, public information updates, znd on the Count) 's \\Cb sue. 10. Failure 10 Submit Required Repons. Upon \\Tlllen notice from the County's Open Space Manager, informing the Grantee 1ha1 it hns failed 10 submit any required annual update repon and/or final rcpon , the Grantee shall submit such rcpons 10 the Count) through the CoLmty's Open Space Mnnager within thin y (30) days, and, if ii foils 10 do so, the Grantee shall be deemed 10 be in violation thi s 2 • • • II 12. 13 . 1-t • 15 16. 17. 18. • Apccrncnt Tht Cir;,~tcc ,lull r~ in~h~i~le 1',r an, faurc Gran• I und;. unul Jnd unless ,uch reports h.;,·c been su::,mmcd :u th~ C,,ur.•} ·s Oren Sr.ice Manascr Record Keeping ReguiremCJllS The (irJmcc ,hall maint,11n a co mpktc set of books and re.ores d,,.:~m,nu11c !IS use ofth< GrJnt funds lnd ns supcr,isn•n and adminim1111;,n 01 the Gran1 rrojcct The Cou,ny or ,111) of its dul)· outhonzed represcntati-.es shall have reasonable uc~ess to an) book;. documents, papers, ond records of the Grantee \\hich are pertinent to the lJra111 Pre>jecl for the purpos~ of making an audit. cx:imina11on, or c~ccrpts. The Gmnt.e shall keep all books. documents, papers, and records, "hich arc pcnmcnt tu the Grant Project, fN a minimum of three ye:irs. Reimhursement oi Grant Funds. The ( irantce understands and agrees that if the Grant is not uscJ in aecordtmce with its approved Grant Application and/or this Agreement, the County may require the Grantee to reimburse the County in the amount of such Grant Funds that arc not used for the Grant Project. Remedies. Th~ rights and remedies of the Count) as sci forth in this Agreement shall not be exclushc and are in addition to an) other rights or remedies provided bylaw. No Waiver of R!itlil. A waiver by either pany 10 this Asrcemcnt of the breach of any tenn or pro\'ision of lhis Agreement shall not Jperat( 01 be construed as a waiver of clll) subsequent b1ouch b) cith~r party Changes to Grant Pro1l-.:t. The Gr Jntce agrees and understands that its Gram Project , once it ha1 been approved b) the County, may not be changed without the County's prior approval. Changes must be requested in wri ting and ma)' not begin until an amendment to this Agreement has been approved by the Count). lrnnsfer pf lnteres1 in Grant Project. The Grantee understands and agrees that no land or interests acquired wilh the Grant Fund s as pan of the Gram Project may be sold, lca.,;cd, traded, or othcf\vi se cc,nve)cd, nor may 3n exclusive license or pennit on said land or inte rests be given, wtthom prior oppro,·al of the Grantee's go,-crni ng bod) nficr cJnducung a public hearing . The Grantee further agrees if such ,ale, lease , tmJc or eonve:anec 1, made or an cxclusi,c license or interest has been g1~cn. the proceeds sh~II be de pos ited in an open space fund to be used fo r purposes consistent wi1h Rcso huion No . 030}8 I. ~laintcnnn _e; Gramec a5rccs to as,ume re,p<>11sibilil) fo1 .:ontinuous long•l(m1 maintenance and pub lic safety o f ()pen spac e land s, trail s, rcc rcauon facilities, amenities, si gnage or other projects funJed by this County Open Space GrJnt. Relati onihi p of 01c Panics , The Grantee shall pcrfonn nil du ties and ob ligations under this Agreement as an indcpcndcm contractor and shall not be dccmeJ b) , inue of this Agree ment to have cn1crcd into QOY plnnership, joint ,enturc, emplo) er/employee. or other relationship "ith th,· Couniy . 1c,. 'so Third Panv Bcnc1ici:1ries . :>:lllhing m tht , ,\grc;rncnl shall ~:\c nr ollo" any clutm or right of action whatsoel'cr b) ani tlurJ pany. including. bu! not limited to, an) agents or con tractors 01 the Gramcc W. Scvcrabil11v. Should any one or more pro1isionsof1his Agrccmcnl be determined 10 be illegal or unenforceable, all other provisions nevertheless shall remain cffecti,e. pro, ided. ho_.c,·cr. the pJrtics sha ll fonhwi1h enter into good faith negotiations and proceed wi1h due diligence to draft a provi sion that will achic\'C the original intent of 1he parties hereunder ; I. \\'rim:n Amendment Required This Agreement may be amended, modified, or changed, in who le or in part, only by wrinen agreement duly authorized and execuled by lhe Cour.1y nnd 1hc Gran1ec ~2. Venue . Venue for 1he !rial of any ac1ion arising oul of any dispu1c hereunder shall be in Arapahoe County Dis1ric1 Court, pursuanl 10 the appropria1c rules of civil procedure . 23. No1ices. Notices. as referred 10 in th is Agreement, shall be sen! 10; COUNTY: Board of County Commissioner of Arapahoe County 5334 South Prince Street Li11le1on , Colorado 80 I 66-000 I and Arapahoe County Allome) 5334 South Prince Street Li11lc1on, Colorado 80166-000 I and Arapahoe County Open Space Manager 10730 Ea~! Briarwood A•cnue. Suite 100 Ccn1ennial, Colorado 80112,3853 and ~I.irk Graham, Senior Planner En~lcwood Co mmunit y Development Ci1y or Englc\\ood I 000 Englewood i'arkway Engk ood, CO 80110 • • • • • • 26. 27 28. 29. .-\i,pii.:ahk I aw rh:s .-\gr~~r.1cn1 sha.11 be C(ln;trueJ and cnfurccJ in accorJJncc "uh the llws i,f the S1a.1c ol (" "lorado. h1cn1 or Agreement. This Agree ment cons1i1u1es 1he entire agrecmc111 of the rlnics hereto. The panics a.grcc that there hlvc been no representations ma.tic regarding the subJC,t maucr hereof other than those. if an). contained herein, 1ha1 this Agreement cons1i1u1cs the cnure 31,!rtcmcnt of the p.1nics with respect 10 the subjec t maucr hereof, and funhcr agree 1ha1 the ,·ariou s promi ses and covenants contained herei n ere mu.ually agreed upon and arc in consideration of one ano ther. Countcmans. This Agreement mai be executed in multiple counterp:,ns, each of which will be deemed ,~ be an original and all of \\h1ch taken together will constitute one and the some agreement. Incorporation of Exhibits . Unless otherwise stated in this Agreement, any exhibits, applications, resolutions, or other documents referenced in this Agreement shlll be incorporated by reference into this Agreement for all purposes. Section Heldjngs. The headings for any section of this Agreement are only for the convenience and reference of the panics and arc not intended in any way to define, limit or describe the scope or intent oflhis Agreement. Disbursement of Grant Funds. For land acquisition projects, Granl funds arc 10 be made avail~blc to the Gran tee by the County at the time of real estate closing. For all other Grant Projects, funds shall be transferred soon after the execution of the IGA. The preferred method used by the County for transfer of Grant project funds is by ACH Authorizauon. Gmntcc agrees 10 1hi, method . jQ Si!!naturcs, The signatories 10 this Agreement represent that they nre fully au1hori i ed to c"cute this Agreement and bind their rcspccti,c entities . 5 P.\ WIT!l!"SS ',\'Ill REOF, t!le Count) and the Grantee hJve executed 1h1s Ag reement as of th e da te set for:h bdow DA TED th:s :• 11 d:i) of Augu,i. 2008. ATTEST : By . _________ _ City Clerk Loucrishia A. Ellis ATTEST : By: ________ _ Nancy A Doty. Clerk to the Board GRAN fEE: By: __________ _ Name J ames K. Woodward Tille Mayor COUNTY OF ARAPAHO E STA TE OF COLORADO By: __________ _ Bob Toll , Open Space Manager, Pursuant to Resolution II 070462 6 • • • • • • 2008 Exh ibit A 1008 ArnpahtH.' Count~• Open S pac e Grant IC.-\ ARAPAHOE COUNTY, COLORADO Open Space, Parks , and Trails Grant Application City of Englewood Applicant Name: Project Name: Contact: City of Englewood Platte River Bike/Pedestrian Bridges Marl<. Graham , Senior Planner Phone: 303.762.2353 Email: mgraham@englewoodgov.org Community Development Department City of Englewood 1000 Englewood Par1<.way Englewood, CO 80110 r-:-=~----, f RJ~ ©~~Wtg r(i) JAN 3 I 2008 AtapahOe County Open Space, Parks, and Tra;'s Grant Apphcauon Page 1 ol 26 PUBLIC WOf.lK& Q:~~§f~-- TABLE OF CONTENTS Sect ion P age N umber • Transmittal Letter Page 3 • Part A -Contact and General Project Information Page 5 . Photographs . Part B -Trail Projects . Part F -Detailed Project Narrative . Part G -Budget Form • Letters of Support • Maps At3pahoo County Open Space, Parks, and TraUs Grant Ap;llicaUon Page 2 ol 26 Page 7 Page9 Page 9 Page 17 Page 18 Page 21 • • • • • • C T 0 F C I I ' Janu,uy 23, 2008 Mr. Bob Toll, Open Space Manager Public Work! ancl Dcv<elopmenl Arapahoe County Government IOiJO East Briarwood Ave. Centennial, Colorado Sou2 \\ 0 o I) C ' ' C Englewood's •ooS Open Space, Parla and ':'rails Grant Applicauon South Platte River Bike/Pedestrian Bri<lgcs Dear Bob: I am please to tran.,mi t Englewood's 2008 Application for an Open Space, Parks and Trails Cr11n1 thal "-ould cnoble Engle,,ood 10 construct two pedemian bridges across the South Plane ru,·cr in '.!ooS . While the delails arc in the opplication, I would like to point out that the project L5 highly lo,eroget' by Transportation Improvement Project funds pro,ided by the O,,n,-rr Regional Council of Gove•namcnts, GOCO Legacy Grant funding and Ciiy of Englewood Shareback fu nds. Wit h the other funding In place, the Arnpuhoe Open Space Grant funding bctomes key to mu,,ng forward "ith construction in 2008. We are requesting a grant for less thon is" of the proj<'(t costs. Tho locotion of the bndges 1n the Cui .. of Sheridon and Englc>,ood sp~ the bc,,cfiu along the river corridor that 1w bctn the focus oi the Somh Platte Working Gruup discussions throughout 2.007. As )'OU may be aware the Mary Coner Greenway is the primary bicycle nnd ped,-strian facility in Western Arapahoe County. With the opening or the newly re•bullt Englc,--ood golf course (rc•named Broken Tee Al Engle"-ood) near the proposed Oxford Uridge, the golf course b:,dge traffic Is c,pected to be up submnti.llr since crossing the ri,-rr multipl• t<mes Is r"'luin.'11 when 11laiin& the r'll1Jl3tion 18 h<>lc coune. The gnlfers ,-ith th•ir b.,go and golf earu mO\'t at 1 different p1« than the btcyde riden using the M•iy Caner Tr.111. Separating 1h, ~oliers from tht tr.nl 1..scrs is-sure co improH• sa(Ny and s.11b.fld.l0n Fu1 both group"i .. 1011 Arapahoe County O;,en Space Par<s. and Tra·ls Grant A;>phcat,on Page 3 ol 26 Page: January ~3. ~nos Connecting th• Uule Ory Crttk Trail ,.ith a bridge across the South Plane to the Mary Ca11er Gr,enway just south of Oa11mouth A,-.nue is anoth<,r impl'O'"meot for the h•avily used r<gional trail S)~tem. The Uule Ory Creek Trail allows users to avoid a highway, major street nnd roil crossings when moving ea5I and west toward or away from the South Platte River trails. The project is n,ady to go with finished plons, govcromcnt agency 1pprovals, ut;lity approvals and funding nearly sufficient to build these StNctur,s, With appf0\'11 of an Anpahoe County Open Space, Parks and Trail, Grant, these bridges will be built in 2008. Sincerely, -~t.J=-f ,es K. Woodward , ;:iyor Enc Arupah~ County Open Spoce, Parks, and Trail, Grant Application South Plane Ri\,:r Bikt/Pcdestrian Bridges cc: Gary Sears, Ci!)' Manager Michael Floherty, Deputy City Monoger Rick Kahm, Public \\'orb Director Jerrell Bbck, Parks and Recreation Director Alan \'/bite. Community o.v.lopment Din,ctor Dave Henderson, Capitol Projects Manoger Mark Graham, Senior Planner Arapahoe County Open Space. Parks, and Trails Grant Application Page4 of 26 • • • • • • Arapahoe County Open Space, Parks and Trails Grant Application Part A-CONTACT INFORMATION Prorect Type XX Trolio ~ Open Spoce □ Parks :::J MinlgemonV,.laintonance " Education : Plarrw,g o Olhcr (plea1e deaeribe/ Name of Protect. Platte River BlkelPedaatrian Bridges Date January 30, 2008 APPLICANT INFORMATION: Qty of Englawood Matl<Granam, Senio<Plamor 1000 Englewood Pol1<way Englewood, CO 80110 303. 762.2353 MGrrAMOEndl,:wapdGqy PP. Applocar.t Fedetll Employer 10 Number (FEIN) 84-600C).583 Signature of Authorized Agent: I. Jome, K. Woodword, Engle'N000 Mayor, hereby affom, 11\al I am IN! aulhonzed agent fo, Ille City of Engle,,ood, which Is applying tor the grant as dewibed hereu,, and Illa! I om legally authon:ed on bellal o1-:.1y ol Englewood lo a;,ply u •• agent to, 11n Arapahoe County Open Spaco. Pall<s, and Trails GranL ? y ,.\ ~--~ 9 GRANT REQUEST: (rounded to ncarul S 100): 1. Grant Roquost S 250,000 (lot.:i.l rtquostctd from Countyl 2. Matching Funds ♦ S 1,•60,&00(minlmum of2S% oflnt-1 ~bonl 3, Tot.at ProjKtCost • S 1,710,600 (IN l musl e,qu;al lines 1•2) Atapahoe County Open Space. Pa1cs, and Trads Grant Applieabon Page 5 of 26 _ _J ABSTRACT: I Name of Project: Platte River Bike/Pedestrian Bndges Brief Description: The Mary Carter Trail runs north and south along lhe South Platt~ River linking Chatfield State Park through Littleton, Sheridan and Englewood to Denver. This proiect installs two bridges across lhe river 101 the use of bicycltsts, pe{!eslrians and others. The Oxford Brldgo in Sheridan will be ins talled south of the bridge th at was historically shared with golfers. Recent reconfiguration of the 1,olf course increases golfer use of the bridge. The proposed bridge separates trail users lrom golfers. A traffic control circle will be Installed with th,s project lo slow bike and golf cart traffic and improve interseclton safety. The Dartmouth Bridge In Englewood links the Little Dry Creek to the Mary Carter Greenway Trail. The bridge replaces a route utilizing a narrow sidewalk on the Dartm outh Avenue bridge . The UtUe Dry Creek Trail and route runs south and east lrom the river providing grade separated access under U.S. Highway 85 (Santa Fe Dri~e) and railroad tracks to Englewood Static~. The route continues southeast through Englewood under U.S. Highway 285 and Broadway to City limits at Clarkson StreeL PROJECT LOCATION INFORMATION City c,ty or Englewood Dartmouth Bridge Section 33 ( 1971-33-4) Section/Towns hip/Range: Township 4 South, Range 68 West. City City of Sheridan Oxford Bridge Section 4 (2077-04-3) Township 5 South, Rang e 68 West County Commlss10ner District # LANO OWNERSHIP Name of Land Owner: public, right of way, or pedestrian easement Evidence of ownership or easements for trail corridor/ conservation easements : 7 Enclosed XX Will forward if requested 0 Not yet available (Explain) Arapahoe County Open Space, Purks. a'1d Trails Grant Appl.:allon Pago6 or 26 • • • • • • Photo #1 Dartmouth Avenue Bridge: exls1ing route between Little Dry Creek Tra n and the Mary Carter Greenway . Photo #2 Existing golf course bri dge where mowers, golf carts and other motorized vehicles shara the bridge with the bicyclists and walke rs on the Mary Carter Greenway. Arapahoe County Ope n Space, Parks, and Trails Grant Application Page 7 of 26 • Photo #3 Proposed conditions: new bridges wfll be simnar to the Big Ory Creek Bridge (shown) crossing the South Platte Rlver. • Arapahoe County Open Space, Parks, and Trails Grant AppllcaUon Pages of 28 • • • Photo .:4 T yp,cal 10 foot wide concrete path on Mary Caner Greenway hnlung to 10 foot wide bridge crossing the South Platte Rover. Part 8 -TRAIL PROJECTS USER INFORMATION Trails Users (Please check all that apply) XX Multi-Use Trail D Pedestrian Only !J Equestrian XX Bi king XX Non-MotonzP.d Only XX ln-fino Skahng XX Skateboarding D Equestnan Side Trails XX ADA Accessible D Trailhead TRAIL INFORMATION (Please Include the following) Feet of new trail (2 bridges) co nstruc tion Feet of tran ma,ntenance Size of new !railhead construction/reconstruction Miles or inler-connecling travel benefiting from project TYPE OF TRAIL SURFACE (Please check all that apply) [l Asphalt XX Concrete Other _______ _ 393 llneal feet 393 lineal feet NA 100+ □ Crusher-fines D Other (please specify,_ ___________ _ □ Natural/Dirt Eshmaled Cost Per Mile or Trail: ;1/// Part F · DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA 1. Project Description 20 Points D. Trails. The proposed oridgos serve bicydlsts , pedestrians and other users of the Mary Carte• Greenway and Lillie Dry Creek Trails . Both recreati onal and comm uter type bicycle riders use the trail systems that runs north into Denver. Al Connuence Park the Platte River Trails tie Into lhe Cherry Creek Trails with access to downtown Denver and south east 10 Chenry Creek State Park . North or Con0uence Park the Platte Trails continue through Adams Co unty lo Brighton. Many recrea ti onal riders also ride south through Englewood and Littleton Into Chatfield State Park. The Mary Carter Greenway Trail intercepts severa l significant easl/wesl trails. Including: Big Dry Creek, Bear Creek and C-470. The proposed Dartmouth Bike/Pedestrian Bridge crosses tha South Pia Ile River and links the Little Dry Creek trail directly to the Mary Carter Greenway Trail. The new bridge eliminates the use of a circuitous route via a narr,;w sidewalk on the West Dartmouth Avenue vehicle bridge. Thal bridge seems daunting to recreation riders and pedestrians because the road links a warehouse and commercial district lo U.S. Highway 85 carrying many trucks. Arapahoe County Open Space , Parks. and Trails Grant Appl,callon Page 9 of 26 The proposec Oxford Bike/Pedestrian Bridge crosses the South Platte River carrying • Iha Mary Carter Greenway users South or Oxford Ave~ue, the trail 1s built along the west side of the river North of Oxford Avenue, the trail transitions to the east side of the n,er The proposed bndge connects the main trail a~ 1•,ill exclusively serve users of the Mary Carter Greenway thus separating them from the golr course traffic. H storically, Mary Carter Greenway users shared a brtdge with the Englewood Golf Course. Over the past year. there has been a detour In place as both sides of the river are rede·,elopc-d. City of Sheridan imitated redevelopment of the area that results in relocating other bridges on the Mary Carter Greenway and also reconfigures the Englewood golf course. The re-designed golf course puts many more golfers and golf carts on the existing bndge since playing either set or nine holes wm now require crossing the river. 2. County and Community Benefits 25 P oints Describe project obj ective and need. Objective: Install bridges serving Mary Carter Greenway Trail and Little Ory Creek Tra il users. Need: Increased golf course traffic on shared bridge create s congestion and safety concerns . Golf course owns exishng bridge. Separating trail use from golf course use with inslallatlon of new Oxford Bridge enhances safety and function of both bridges. The new Oxford Bndge ;,rovides a qualilelive improvement lo lhe Mary Carter Greenway experience. The • current ~hared golf course bridge mixes motorized vehicles with bicycles and pedestnans. That situation ls unique lo this location. The resulting congestion is especia lly unwelcome for bicycle commuters using th is route . Less skined recreation riders may also have difficulty riding with motorized vehicles. Th e new Oxford Bridge al levia tes those confilcts. Need: Linking the Little Dry Creek Trail to the Mary Carter Greenway Trail enhances one of most heavily used commuter and recreation trails in Englewood. The current route uses the narrow sidewalk on the Dartmouth Avenue vehicle bridge that may discourage less skilled and recreatio nal riders. The Little Ory Creek Trail con tinues along Clarkson Street Into Cherry Hills Village where it connects lo an off-road hikbg/biking trail that runs easVwesl along Quincy Avenue . Thal path continues as an on-ttreel path via Monaco and Union Avenue lhru the Denver Tech Center lo where it meets Cherry Cree k State Park east of Yosemite Street. Ne ed : While the re are a few on-street parking pla ces along the west side or W. South Platte River Drive, the Dartmouth Bridge will provide a link lo the Cushing Park !railhead on the Lillie Ory Creek Trail. Cushing Park Is less than a mile east of the South Plalle. There are many parking places and other !railhead amenilies including: picnic shelter. restrooms, bike racks, benches and way-finding signs to the Mary Carter Greenway. The next closest !railhead Is al oxrord Avenue . Include Information on how the project benefits va rious community activities, and provides benefits to local communities. o Community surveys completed in conjunction with the Parks Master Plan 2006-07 indicate trails and open space are among the top five recreation demands by • residents Trails provide access to the open space areas , Arapahoe Cou~ty Open Space. Parl<s aed Tr~•!s Grant Apphcau..n Page 10 of 26 • • • o Enhancing east/West pedestnan and bicycle access between the n '·• tl1ver Trails and Englewood C1tyCen1er atds commuters library patrons, muse, ,,sllors. pubhc meeting attendance and use of the pubhc lransportabon system. Tr . r nglewood Civic Center and light rail stauon is located one block south of the LI' a Dry Creek Trail along South Inca Street. o Clean Air Act goals for reducing VMT (vehicle miles traveled) are se~,, ' with enhanced pedestrian connections in TOD (trans11 oriented developmen;1. Good pedestnan roules may encourage walking/biking instead of dnving to and around Englewood Lighl Rail Station. Englewood Slation is the fourth busiest light rail station In the syste m. Eng lewood Sta tion is multi-modal, servi ng 400 buses per day in addition to over 1000 park n ride commuters, bicyclists and pedestrians. Discuss the urgency of the project and w hy funding Is nee ded now. The proposed Oxford Bicycle/Pedestrian Bridge would reduce congeslion and conflicls on the golf course bridge. The gol f course was closed In 2007 for re-design and construction. The go lf course re-o pens in 2008 wi lh a reconfig ured hole la yout that requires golfers to traverse the river for either the front or back nine holes. This increases the demand on the existing bridge which is owned by the golf course but hisloricalty shared by Mary Ca rter Greenway Trail users. The proposed Dartmouth Bicycle/Pedestrian Bridge makes a direct con nection lo the Mary Carter Greenway. The current route Is circuitous utilizing sid ewalks along a busy commercial stree t and commercial properties. o Englewood City Council prioritized the bridge projects . o Bridges and associated trail links are designed and ready to bid pending CDOT concurrence. o Project has DRCOG TI P (Transportation Improvement Proj ect) Funding, Grea t Outdoors Colorado (GOCO) funding and Englewood Open Space (Shareback) funding. o Project has State Department of Wildlife permit, approval by Urban Drainage and Flood Control District (UDFCD), Army Corps of Engi neers 404 permit, and Enviro nmental approval from Colorado Departme nt of Transpo rtation (COOT). Describe the scenic, historic, and/or unique fea tures of t his property. The proposed Dartmouth Br idge is situated In the area on the South Platte dubbed "Placer Camp· in 1858 when gold was discovered by the William Green Russell party. Loca l historians have writte n that the Initial go ld find was worth $800. Colorado Territory was established in 1859 and about 50 homesteads were staked along the South Platte in the area that was initially called Pelersburg later Incorporated (1903) as the City of Englewood . Estimate the number of residents or households this project could serve annually. Several hundred thousa nd peop le use th e Mary Carter Greenway annually . Arapahoe County Open Space, Parks, and Trails Gran! Apphcalon Page 11 of2G 3. Planning and De sig n 25 Points • Describe how the project will be developed, designed, built , mainta ine d an d managed for lon g-term sustainability. Bridge construclion documents for bolh bndges were prepared by Hartwig and Associates of castle Rocle They were developed to meet the requirements of the TIP Program for use of Federal transportation funds . This process included coordination and review by several agencies Including Colorado Department of Transportalion (coon, Department of Wildlife (DOW) and Army Corps of Engineers. The project will be bid out with construction 1nspectIon by consultant and oversrghl by Englewood and COOT staff. Long term maintenance of lhe Structure will be by City of Englewood though the maintenance of the path, such as sweeping and snow removal, is provided by South Suburban Parks and Reaealion (SSPR) Cite the name and date of any relevant plans. o Englewood 2003 Comprehensive Plan o Englewood's 2003 South Platte River Open Space Plan o Englewood Bicycle Plan 2004 o Englewood 2006 Pa rks Master Plan o 2007 GOCO Legacy Applicallon Indi cate what priority Is give n t o the pr oj ect In plans or agency doc uments. The 2006 Parks Master Plan describes the Dartmouth Bridge connection on Little Ory Creek as ·a critical missing link". The Oxford Bridge suppo rts the main South Platte River Trail that runs • from Walerton Canyon to the City of Brighton. In the section entitled Trail Projects and Crossing enhancements, the Mas ter Plan recommends that: ·engIewooo·s focus Is on complellng gaps In and extending off-street urban trails. Very hltle space Is avalable to ~ulre corridors to add lo the existing off-street tral system in Englewood. however, key connections that ar,o missing should be vigorously pursued. Once these connections are comple:ed, a core commuter, primariy off-street system will be In place that forms lhe backbone of altornatlve transportaUon opportunities within the city and helps to get peo?le to park and recreation lacilibes • ProIect Priorities consider the following o Health, Safety, Welfare nnd Codo Compliance. Reducing confficts between Mary Garter 1>reenway users ond motorl:ud vehicles enhances trail safely Creating a safe and attractiv e trail enc0I1, r,-ople lo walk, skate, bike and other activities which enhance their health o Ease of lmptoment.. , hu pro1ccls occur on City owned land or nght-of-way so no land ac.qul s1t10n Is 11 .. -:i, uruJ The proposal ,s to build the bridges during the winter when the fewest 1ro1I users wil l be ln convcnionced. The winter is also the low-now penod for the nver. so cons1ruct10n is easier Loco!, stale and federal approvals have been obtained or are forthcoming . o Economy of Scale The engineering, trail connection design. environmental approval s. funding , bidding. construction. inspection, oversight and reporting were done or will be done for two bridges al lhe same lime Ar3?3hoe (;()l;n1y O;xin S;ioce, Porks. ond Tm,ls Grant Apphcolion Page 12 0' 26 • • • • Community Sognoficai1ec l.J~ .. ns Little D,y Cree, Tra ,•a Da!llT'louth Bndge to the Uary Carter Greenway Is ar exlremely s,gmficanl connecIIon. The bndge links to the ~lary Carter Greenway to the northernmost Arapahoe County tra !head, to public transportation, to the h~rary, eourts, Museum of Outdoor Arts, as we ll as Downtown Englewood, Englewood High School and to Cherry Hills Village on Englewood's east boundary. o Commu nity Balance. The L1ltle Dry Creek Tra il via the proposed bridge provides river access to th o nort h half of residential Englewood east of the river. The proposed brid ge north of Oxford Avenue serves people moving north and south on the Greenway The Oxford Bridge Is a regional resource. o Partnerships for Funding There are several partnerships m place thal make building more than $1.7 million worth of bridges possible . Tne Federal lSTEA funds provided through DRCOG are the largest single resource . Neither would the project be possible without Arapahoe County Open Space Sales Tax Funding. The GOCO grant and Developer Participation make up the balance of the resources needed to build the bridges. o Urgent Need. With the reopening of the golf course in 2008, bridge congestion from the golfers combined with the Mary Carter Greenway users is expected to Increase. Safety wo uld be Improved with the proposed separat e bridges. o Comp letes Pha sing of Cu rrent Projects. Previous projects enhanced trallhea ds at Little Dry and Big Ory Creek. The Big Dry Creek Bridge over lhe South Plalle was insta lled about two years ago . Bu ildi ng the Little Dry Creek Bridge is a key com ponent In that tra il. Discuss how this project fits Int o the adopted open s pace, parks, or trails plan • The proposed Dartmouth Bridge, linking the Little Dry Creek Trail with lhe Mary Carter Greenway, was funded by DRCOG and Englewood in 2007 for construction in 2008-09. Trailhead Improvements were installed along the Little Dry Creek Trail at Cushing Park in 2007. Signs directing trail users to and from the South Platte were installed with that projecl The Ira~ south and east or Cushing Park was installed In the late 1990s In conjunction with the redevelopment of the Cinderella City mall. The Trail between Little Dry Creek Plaza and S. Clarkson Streel was completed in 1989 In conjunction with drainag11 improvements fu nded by a partnership of City or Englewood and lhe Urb9n Drainage and Flood Control District. Building the Da rtmouth Bridge places another cntlcal segme nt of off-street trall into service. The propo sed Oxford Bridge on the ma in Mary Carter Trail was al so funded by LlRCOG for construction in 2008-09. Building lhls facility now is timely because of lhe increased golf traffi c on the existing bridge owned by the golf course . Bui lding the Oxford Bridge maintains the main Mary Carter Greenway Trail whlle Improving the safety and expenence of Ir ail users by minimizing conflicts with molorized vehicles at the golf course. Discuss the planning, design. and management t hat will minimize Impacts to the environment. The Bridge plans were prepa re d with Input from the appropriate agencies including. Denver Regional Council of Governments, lhe Almy Corps of Engineers, Colorado Department of Wildlife , The Colorado Department of Transportation and the Urban Drainage and Flood Control District. Arapahoe Counly Open Space. Parks, a1d Trails Grant Appl,cat,on Page 13 of 26 Timeline 2008 ACTIVITY Ma Jun Jul A 100% Construction Drawings Complele Assemble Bid Docs (30 days) Grant Application Review (Arapahoe County) Grant Award IGA Ordinance (90 days) Advertise Bid (30days) Bid Opening Council accepts bid Notice to Proceed Construction Project Compleled Fi na l Payment Assumptions : COOT provides an IGA for Construction by May 1, 2008 City Counal Approves tGA by July 1, 2008 COOT issues ·concurrence to advertise" by July 15, 2008 COOT issues "Concurrer,ce to award" by Oct 15, 2008 • Arapahoe County Open Space. Parks, and Trans Grant Applica~on Page14ol. 2'109 Se Oct Nov Dec Jan Feb Mar Ma Jun Jul A Se Oct • • • • • 4 . Partnerships 2 5 Points Please see attached letters of SJPP0f1 from Engle\',ood Parks anc Recreation Commission. South Suburban Parks and Recreation, and C,ty of Sheridan Support and contributions for lhe Soulh Plalte Bicycle/Pedestrian Bndge project came from the following · City of Englewood, Open Space Shareback DRCOG, TIP Funding, '30CO Legacy Grant: Developer Contribution Requesled. Arapahoe County Open Space & Trails Grant Sublolal Total $ 210,600 S1 ,030.000 S 50,000 S 170,000 S 1,460,600 S 250.000 $1,710,600 The City of Englewood is managing the South Platte River Bike/Pedestrian Bridge project. Englewood budgeted Open Space Shareback funds from the Arapahoe Coun ty Open Space sales tax for lhis project. Englewood also applied for and received funding from the Denver Regional Council of Governments (DRCOG) for Tran sportat ion Improvement Project funds which are federal transportation funds (!STEA) • The Trust for Public Lands wrote the Great Outdoors Colorado (GOCO) Legacy Grant for the South Platte Working Group (SPWG) Englewood actively participated in SPWG effort to deve!op a cooperative vision for lmprOV1ng the South Platte with open spaces, habitat. improved water quality and trail connections for transportation and recreation. South Suburban Pa rks and Recreation (SSPR) provides trail maintenance for the Mary Carter Greenway through Sheridan, Littleton and Englewood. SSPR has recently Implemented safety enhancements along the Mary Carter Greenway including the use of lraffic circles al busy trail lnlerseclions with favorable results SSPR will be maintaining the surface or the bridge lnclu11ng sweeping and snow plowing . Tho C .. , or Sheridan worked closely with Englewood on golf course redevelopment that supported their commercial redevelopment (R iver Point) proiecl Sheridan is supporting the pmposed new Mary Carter Greenway Bridge in Sheridan and successfully negotiated o, ,eloper P~rtlclpation in the new bridge 5. L ong-1e ·m Maintenance 15 Points Englewood Public Woos Department maintains the bndge structure Trail surfaces are ma1nla1ned by South Suburban Parks and Recreabon . Ar.1;,.1t10P County O;,,,r Space Parks and Tra!s Grant Appl,cat•on l\i;c 15 o! 26 6. Connectivity 10 Points Tho Dortmouth Bridge Improves access between the Mary Carter Greenway and the Little Ory Cree, Tra,I lha: connects to Cushing Park. Englewood Light Rail Station, Downtown r.nglow,.,,d and Englowood High School. The trail is used for both recreatio n and commullog since 1t 1s grade separated from several arterial roads including U S. Highway 285 . Broadway and U S Highway 85 (Santa Fe Drive) arid the railroad tra cks including light ra il The O.wford Bn<he IS a key hn~ tn the approximate 8 mile long Mary Carter Greenway linking Chotllold Stole Pork to lhe Donvor trail system. Maximum Scor e= 120 Points Arapahoo County Open Space, Porks, and Tratls Gran t Application Pago 16 of 26 • • • • • Part G -Project BUDGET-Sources of Funds Dale Grant Reoues t Englewood Open Space 7/1/2008 Shareback Arapahoe Coun ly Open Space 6/112008 250,000 Grant Great Ouldoors Colorado legacy 12/2007 Grant Develooer Conlr1butlon 1/2007 DRCOG Transportahon 1/2007 lmorovemenl Proaram Grant Totals Uses of Funds Date Grant Request Professional Services/Oe~n 1/2008 Construction 1112008 • 412009 250,000 Professional Services 11/2008 -4/2009 Construction Administration Required Sign: Arapahoe Counly 4/2009 OSPT Grand T o tals 250000 TOTAL PROJECT COSTS: Cas h M aleh 210,600 50,000 170 000 1 460,600 Cash Match 240,000 1 091 000 129,000 600 1 460 600 $1,710,600 • ln-K i nc:[r.,!_lc':!.._ r Tota l -S 210,6 00 00 000 00 00 - - In-K i nd Male h - s 250,0 s 50, s 17QJ) St,030,0 0 $1,710.60 Tot al 's::._ 2.1.0,00 . SJ_,3~ 1,00 S 129,00 $ 60 0 00 $1 710,6 Date: __ /_·_.J_/_-_.z_o_o~Y ____ _ AtapahOe County Open Space, Parks and Trails Grant Applicallon Paga 17 or 26 (lrlOl 1\HCltln\' ◄ :ifcdefi.l!,.: ~u. ros: ,.,, )(J.·•: ~:..-, :\ "\I u; OfflCL OfTUL \l.\HlR A1.ap..11oe(u1,.rll.1 Orm Sflihc-~nd Tr.iah S,urd 1~:~11 E 8~1~0,-.J o\,to\.lC' Cc:11cnn1~I.CO ~1111: RE ~up,-\f'I r,,, ltM • Gr.an1 Arpl11.:llu.1n fC'lr ;I bt.:~-rlc anJ ('C'f,,, ... UlJI' .,nJ,c ni.,rth (~f O\ford A, ct1u~· ,,ubn111tcd }\) C It~ ,4 Engle" ood I A1n ,11;unf ,n 1-urr-,n ,,f 1ht Cn~ ('I I f.ni;l,·\\Ck.~J"s ~tlO~ Gr.m1 ,""''·""'· 1111 t.•nh.1n1.cmi:nu 1r; tht M.i.!'\ C'a.ncr Grrcn,,.,a~ 1:1.nd m p:1n1i.:\lbr th::11 p '.'l~,·~I l\' build ,1 nc\~ hnJu.C' ChUStn~ 1lti: s,,u1h Pl:111e Rt\CI' neM O:..ford A\/cnuc (ot bicy,.-li....., Jt1J ttcdl:'llruni. O, er 1hc l;1~1 (cw ye-a"'· the Cir~ or S hc:nd:m h:1S b.:'en n.-de, eloping the arcii amund 1he ~,M,•nu,~i.' ran of 1hc ri:dc,cl,,pmcn1 nccc,;511::nc:d th.11 En,lc\\~"ld rC"•dC'SI~ thl:' ~c.ir c:our,c.• 11\1.I 1n dt,mij ~''-snmc llf 1hc hnks \\ ere rcl(\Catcd 111..-rtJ:>5 the rl\ ct As a rcwh. t:Lilr\:r, pl,1)1n~ rhc rci:ul.u t.llUJ~c nuv. ha\.c: 1n cnin 1he mer on 1hr: o\C: bndt:e S.ifciy hJ., h.:i.:1111,t" ,in l'ti:ff:J""lt1~~ 1mponJnl 1:-.\J t; Ji tr.ul u .. c mcr1:;1tb H1:u1 1n1:•II, th" 1r.i1I u~tf\ ,-hJrtd th, nl.,! Md~c-1,111h lhe i:ol lc:n. kut \\ 1th 1hc cor.tbm.111\,n !l( 1nl.'.rc::tM"Ci ~~ l'(lht C~:n"•} rr.nh llrld 1hc u·-des1~n ot"d1e ~"If rou~1c o,npcmon \\Ill be i:-rc:1tt'd .irl.unJ llh ,,11~11:i ~,1.',_. hl!h:\woJ·._ rniJttt \\1Jl 1nclud,: J trJ:·.:..-rntlt \\htrc the l'li. . .,.,;\c, 11.r-J Jill! Ulb .:In "-lfC'I~ pohS one anothcr I ~Pf"l"t Fn~k\\'ooc!·s P,dl(tl thlt 1\ 1\t k"f'J~ ,.,, rr:111 UY" hcim ~,l1i:1, thtTroy rech.t,:.111:: c1'Clt,-n~1on and ..-n.~.:in, !4(tt~ Tt1,,,u.;h t,,.,.1c\\ot11◄ I~ ~JIIJ&tn.£ tl,c "''ljt"l:I. 1hc-bnd1c win be' )r~trd in th< C'n) or SbmJ.in 11nJ U\al ~ r,:c,plc f1Nn 1hc f."ftUrt' rc£r''" For lf:C' 5iift1) Md r,"'f\,cn1(n(:c ,,f 111 thn-k UtlOI th.( l:"l.ll al'ld L°Nf mursc. I urrc thJt ~()U rrn,11k lbt'r~cJ L,"f'ilnt lwnJ111~ b" b-.i11d lht< nN 0,(nrj b1l'~,:-?, ~nd J'lll"(l~:run hnd~-c / ,._,..,,./r nd \ll\\,._ '-I ,C-1htir~}.tr,J.i.n Arapahoe Coonty Open Space, Parks and Trads Grant Application Page 18 of 26 • • • • • • C T 0 r-\\ 0 0 IJ P•,-,1~ 1 "\0 ~!(ff"f!O~. (f"Mf.l l"• Ar.sp,.1h;x \.'our.!~ ~~cmJl~11 &a,d 1o·Jn E Rno1Nood A\c Ccnstn.":J.ll.C"O SOI I~ ~ M E.r:-.;k',."ocfi ;,~ ();.,ca. St""'c ..t lr.11b Cirllll A.i'flh"',"'' • 1 Oartmou1h 11nd O·dord OnJwcs Ik.1J A.~-.c County~ Spiti: and Trails Bo.ud 1 '-rbalfnfthc-Cst) offnr:e11.ovd's Piuks: and Rcm-11t10n Comrruu1on. I a.m ~ntm; •"' :k, por1 ,·1 r.r.~le\\·ood"s 2009 App(ICDllC'.11"1 rot fw\Ju1; to t,,.i:Jd 1"'0 ~~cit mi!J!Cdc,,&Na hnd.~ q,.;.n:_,nr' SNllh Ptauc Ont rok o(tbc EftrJt,t,ooJ r.ns and R«n.:1lionComnuu10n 21 li>rC\iC"W p:rop05Cdtccrc:n 1on r.,-:1httu and rrngnv,u and h> ~l..c tc-:on,me:1.d'luoru: 10 the-En;lewood C11) CO\.lncil m 4 comprcbtnu\'t whil"fl The Cor.ttNU10n ~dc:lf:"l • hrb a."Xf Rc-:.tea1iotl Mi\Slct Pb.n •·Ntb is ui 1n~cruory of .all or ou..r tl.~1n~ fac-Uiuts a11d pro;r1ms anJ ln.c.ludd 11n ;tlkffintnt of rqu1pmem and f:ml111cs ~ nttd 10 be added. axicMi~ or~ Tiic \1.:stcr Pbn tid..·••n11f1<1 lbt netd for tht O•.forJ a.'\d D:anmnuili Rrid~e• as pnN11y uwc:~-nu &n the rc.ior.1l Lr.ii! S\'$1ClT' .. , Ensli:wood la a }Ut'l.c)· of rutdcrus 11,ha Ulc rn_:k\llot'Od ~rr:.1,l,n f1i::1hue, 1h.11 w.is condu:icd m C'Of\ll,ln,;t1ttn w1Ch ""illnl the 200.,. P.arb M;1:"n Pbr .. rc:1,,Jcnu med the 1ri1ls rn.!orror-..ai.·•ta ti' •~Uc." and °""')-de C · the lop of thcv h" ti IJ1$cinl 1.J ltlti: pel'Sl):ul Jtttei11on nri:d\ r.,c ~ Dar.r.11C!\lb Bndr; c:1man:11:1 an awl.\\Jrd rowC' hnk1r., 1LI! Lml: l)t) Creel. 1 r-.111 tu the ~br') Cl\m·, Grt-~\\1)' The new bnJ1e nu\.<:J I d1m:'!.ctlftOC'~bd'!\ttnthc C'.ttet1"--.) .and the l..ndt °" ''"l T Dll The Pfflr()kd o,ford Rn~c •"Ol.lw! tC'd!M:t cooi, •• :,on '-1\d ,.,....nn,c, bc1wce1, tr:1111 USCl1 .1nJ ~l'1rC'r\ Aldk'ujhlhc gol(c:Q'\U1t bnJJt si;-.-vt\l tr~it UKr1 fo. ma1t1 )~l. 1hrC'it) fC"Cathll the 1oot .. hcd ai.. ln holb l"illUp'\ tm ,~ Ulc' rou,a •t-.crc kpl,r:.i d·.!Ggn .are .,.,,mHUtd. The (\'lflfflloll'fl ,ppb,,d,, ,~ m..<tt~'W:'d ufd~ ~nd c,,-,,\'(Tl:1..n h,,t t~ bndft", • ill plO\'ide IC! pcc,ple \\bnu,elhe ,~~K'r.11 ~1ls \\bctlu:1 lvr ~~mmuur r,.or ffflC-'IU'nl \, .. sur('\M\ )'OUr 1r,1~mc · m U~ 1Ct?11ir.J! :nncruhn 7 •\:.N111 Gcn1t.c:i, l h.11111Ctwn l' .. t:1.i-.11tc-.:n-r..-,,;C~ C"tl) nff:n1k\\L1t,"\i It \\ (.hJc,t •'""'-If f dfwuu.d. Cc.ii Arapahoe County Open Space. Par,s and Trai's Grant A?phcabOn Page 19 ol 26 4J> South Suburban PAU$ ANO HCIUtlO. Mcmbcn of lh: Boaro Ar>pahoc Coun,y ()p<n Spa., llOd T rn!, Ad• iso,y Bom S3l4 Soulh PriDCC S11«1 !.inlcu,n, Colorado 80166 RE; Cny ofCngle"ood's gnu,1,pplic,11on, Damnouth and Oxford bridaes along the M"') Coner Greenway Ladies and Gentlemen: South Suburb.in ts wri lina lhis leuer or suppon for Engic"wood's apphc:mon (or 2008 open SJ)IICC ~ks a.nd trails monies. I undmtand the ny is npplyin1 for funds 10 bu(ld two hridaes ~long the Miu)' C11rtcr Greenway. The fim bridae will be jUSI norlh of Oxford and has been on 1hc looa-rllngc r.1:uter plmn since lhc early 1980s. This brid;c ;fl impor13nt due ta the safety concerns of mMna ;o!rcrs W Crccnwa.y •bers. Cu.'Tcntly. a.II users u.uliu one brid,e, \11.hich w,s really intended 10 be used only by lhc golfing public. Go lf caru and bikes really don't mix "Welt, and neither do the pcdestri.1ns who w:ilk or jog 1he Greenwa). South SuburbJn folly endorses the irtll1t m,:,ruc, towtltds construction of 1his bndac n .. second bridae .. ;11 be 1111 COSl•WCSI feeder from Englewood 's unlc I ..,. Creek Tr.til Currently tr.ail UlC'rs mUSI ,·cnturc onto D:irtmouth AvC"nue: IO IC'Cct .. tht Gr«ft"'-"IY, lhis VffY" bUS) S:ttct tw lots o!ttud; activity The bridge will crrJtt sep.u-atior. bct""-cm 1utomobilts. uucb, eit. and the rtttt3ll0NJ b1lcrsllnkcni"JO;;crlo'11rollcrsl rollcrbbdcn. Soulh Subwban u.~cs Anp:,hoc COIIIIIY IO SUPf rt lhu >ttOnd bnil&c p,ojcd .... di .• Stn«ttl), ~Waoj_uu;,(_ · II William WooJcoc, ASLA Mir', tT of Pl:irinms-Cons-.nx:1wn Arapahoe Counly Open Space, Parks and Trails r .,1 Appllca 1ion Page 20 of 26 ...... ,. ... t'k., V !~W ~a•:1:,1; ....,._..,_ ...... ,_ -·-..,,_ ..,,._ _, .. --......... • • • COLUMBINE v,e R CHERRY HILLS VILLAGE GREENWOOD VILLAGE • ,-----, CENTENNIAL --, Ar•p•ho• County Op,ri Space O flh;11 I • 1111111 Ar.1p.,l,0C1 rount) o,,.~,. \{hi(.(', 1•.1rh-.. '""' lr.,il .. C.,r,u-11 Apf1lk,11ifJ11 •'-t-n Ppde,,ri.m ,wJ HK.Jc le IJrultt.«! 0\ t.•r llw 5t,utl, f'l,111'" Rn,., ,If O ,fr,r,/ J\\ t.'Ul.ll" Vidmty \l,1p ",th Orn inJ.: lfoutt.• LEGEND -L-r,v,ngRc,i.;ftt -~nPLl1'flhovt-i CJ Ara~"""'~•v&oun,;J~•• t.i,11a..uv lUOl'I Onr>1r>,t ....... ,,,,_,..,.,.. ... c-' t)pe,-,!.l'liK-•0~,c• bn~•-.....-st Mlt ,v,.. .. ",J !.'.-•••""'"-""' ........ -~ ..... .,,,, .. ..,,.,.- ~-.... -......... -.. ~~/Vlllt;J---~ .. V~ .... , ...... b,,fl, .... -t'\..,_.l ,.._ff Z,, t.µ.,,,.,""""""""'·· ,u:1 .......... -M;I,, .. . lo!fll'!-1U••-'a _..,.., 1"'-"....,.-A.,.. 1.;1~•1"91te111"'-00l!M~ r•J1,.,.~1U$A' f••~o\ ...i me,~ OritO '-_,.Ui J"e Un.11' ...... ,... ............ , ........ ,.. .. ,_..._...,~aM.....,._....,..,.H,,_.,e,,.,._,.. ... .,,,,,,.. ...... 0-Uxtl>•-t.-~, ..... 0 • • City of Englewood, Color,,du 2 008 Arapahoe County Open Space, Parks, and Trails Cr.,nt Application N~ Pedntri.1n .ind Bic,,,clf' Bridx~ Over th~ South Pl,ttt e Rii er .it Oxford Av~nur Street Map wirl, Drilling Row~ LEGEN D --Ortl,lng J:{oule --~,, ... J.mu.a,v2009 ,._...,..,...AW~let.....--$1 ..... nghWla!Wewra-~.....,_:u MIU•WI.._..V"DnlO-.~N.,,._,Ro Mill.••~ 1..rftCINO-~ lr\l@f~lol l) TaAe ... ...,....Aw...(US)ts)td.,,._• .......................... ~,,,~ T.-h~S-F■O.-.(VS.,,111: ... _ ....,.o,es.ntahDlw, T.t. • '9'1,,ri.f'ld -..,n .. OdOtd Aw. ~--o.,...s.w..Plan.P1~11tdfot ._."9"111 .. ._0.....~h-.i,-WIIIM D aoo 2.400 Fttr • • • • City of Englewood~ ColarJdu 2008 Ar,,pahoe County Open Space. Parks. and Tr,,if< Crant Application New Pedat,i,111 omd Bic,-cl~ BridKe Ovtr the South P/Jtte RivPr Jt Oxfurd Avenut' Site Pldn .,nd Topogr.-.pl,> M.,,, LEGEND -EmMQ F'edHlnanlB,cyde Tra•, _,.....lkkJge._.,1,N ~ -Topogniphlc:a)Con'4ul'Uf'!fl"S J.1.nu;,1y 2008 ,so J2S J:" 80WMAR COLUMBIN!: LITTLETON HIGHLANDS RANCH • V '-E R CHERRY HIU.S VILLAGE GREENWOOO VILLAGE CENTENNIAL • Arap.aN• Couflry c,p.,n S,i,ace Office C,ty of I n,;lewuo,I, Culu,.u/,, 200U Ar,op.1/tue Cuu11fy Open Space.•, l'~uk .. ,. .u,cl Tr,,il" C r.:,nt ApJJlic~1ri,m New Pe,lestri.iu ;mt.I Bin, Ir llrul,:r o .. L'r the South PIJIIP Rn,•r .,r D,1r1moutl1 A, (•1111,• LEG El'! D ----~,Oi1U11'1,,Ut> U•vi•f CJ Alap,ahoeCc,u,ry&ounu-11, O"""""U.91;t0'\sl,.,1A1~t.-.. ., °""SJl,aCltC-a , .... ~~ _,..,.u..-.,t,• U..i'l'.1t"9"•l ~llof"o,,t01',o,1!1~tU,-.M v.-.... ...,._. ---~____.......,.,. ... , -....u ............ ""90~--~:Mfol"I J■•e ii: .. •tti"'OO't'!A~e tut ~1'51 ■•"I ~ ""1•• 11 ~----~.....,..Hai ....... ~ s. .... ~_,.__...,..,.o-..1V5, .......... -iil•-"""S-V..'•°"-,.~ I .. II i...., 1..-.... 0••1--...1,. A~t> \.lf•••""'.-t . ., ... ,.,1,l~---.. ~ ~ .. -~, ..... -•-.-.--., r-oci•P•1\.ww;J ~1&1;1n9.,.....,.,.,...._,,.,..,.o<:11 0 • • • • City of Engl~wood, Color.ulo 2008 Arapahoe County Open SpJce, Parh, ,md Trdil< Grant Application New Pedestri.m and Bicrcle IJridg e O ver Iii~ Soul/i PI.Ut~ Rive r at D•rtmoulh Aven·.1 Strttt M•p with Driving Route LEGE N D --OrMt,oROUk --Pl!!IOU&rl9N8c:yc:le 11•'5 f,•mu.1ry JOOS Tll,"-~" ... -.-.. ,~St. ..... ~..__.._._ ....... ._lot .... ..........,..,. ... ~,._---111:ct ,....._ a ~I""'"'°""'" Of1'llt MllltMIDt.N'la ~lfe-tiWII 25 ...._.._........,. __ (USta51•~---...... ~ .... -------~ ...... 1-14~~S...h0.-(USHl•dllfod _.,. ........ ,.o,.. ............... ..,..0........ .... ,.__,.allll-lWldlllfl'I Mb ~ ... __,,~ CE-~RiwSDfMI ... Mbe ... ,_~ ,-.~ ........................... .... e o ■---6co=o ==='·::i2■00--•'•·8•0 Fnl • • City of Engleivood, Co/or,1,/0 200/J Ar,lp~l,oe Cou111y Open Space, P.irks, .tnd Tr..wils Crant Application New Pedestri.,11 cmd Bicycle Or,"Jge Over tbe Soµlh Pldtte Ri, er .it D•rtmouth AtTnu~ Sit~ Plan •nd Topogr,,phy M,,p LEGE ND -&..lintP~r,aa -New .' ldoe,and'Trd5eCIION, -Toppg~IContou,U,"'~ J;l, llili,Y 200ft 0 7S ISO 11S -----====--- • • • • II\ ,\l I HORII Y ORDINANCE NO SI RIL Sor 2(MIS L'lll '\(IL BILL '\O. •u 1,1 RODU'FD RY COL \UL \11:\IDl:R Pl·\:'\ \ \ OROl' . .\Nl'I l:X 11 \DISli ,\\D \UTIIORIZl:S:G TIIE 1:Xl:ClTION OF A\ ··tNTERGOVER.\IMENTAL AGREEMENT FOR THE l\'TERNET CRIM ES AGAINSf CIIILORI:,. REGIONAi TASK FORCF" l3ET\\'l:EN TIIE cm· or COLORADO SPRl'IGS A\D ME.\181:R PARTIES INCLUDING THE fin' OF ENGLE\\'()OD. COLORADO. \\'111:Rl:AS. llll<'llll1 cnmc Bgn1m,1 children is an c,ngomg prohkm 1111he Cot) anJ Stale a, \I ell J < amund 1hc \I orld : nnd \\'I IEREAS . lhc pUl'fX'SC of 1!11s i1110-rg0\cmmcn1nl agrcc111c111 is 1<1 rrovidc a task fon:e to comba1 in1cmc1 cnmes ngnms1 chi ldren: nnd WI IEREAS. govcnune111 s hn ve the nu1hori1y "' Join 111 agr,·e111e111s "' fight these cri mes p11rsun11110 the Colomdo Con,1111111 un. ,\n,clc XX. Sc-c1ion 6: Colnrad1, Cons1i1u1ion An1c lc XIV. Sl-c lion IS: Scc lion 29-1-103 C.R.S .. Tulc IV of lhc federal Ju,·en ile Jus1icc and Delinquency l'rcvcmion Aci 1,f I Q74. ns nmcnded: nnd WHEREAS. 1hc mis,ion of 1he I nsk Force shall he 10. share inielligcncc gn1hcrcd by 1hc l':arllc, rcl:iimg lu i1ilcmcl trianc, co111111 i1tcd ogoinsl ch ,ldrcn. make 1111cr-jurisdic11onal orTcsls of ~u,pcc1s: conducl 1rainmg: prO\ 1dc riubhc cduc:111011 on mh:mct ~IC:1y anJ prc\l!nthc mca.:,uro. condui:t J<'IIU open nnJ und .. ·n:o\cr m,~,,~atmns pertmnmg to m1emet crimes ag:iin~t c.h1ldrcn: .md \\'lll:Rl:1\S. ,,n ,o, :mb<r'I. 200 7. l'ny Council. h> Onlmancc :--:o. <'3. nppn"l'tl and outlk>n1cd on lntcrg,l\cmmcn1;1I Al.'r<cmem tor 1hc ht1<'Tllt.1 l'nn11.'< .-\g.1111>1 Cluldrcn Regional l ask F,,rcc. ond \\'111-Rl,AS. the pmpo-ed llll<'l,'<'H'Tll1nen1ol \~rCCllll'!ll 11ould co111111uc the fa<l For« and he cffa:11,e ,,n \lo) \I. WO~ ,1nJ 1• II c,,m1nue u111il 1enn111:11<,J under the J'<""'"'IL' of tlw •'l!'"-"'-1111."tll !'<OW. 1111:RH ORI . Ill· ,r OR ll\1:0-1-1) R\' 1111 UITC<>l ,rn lll 1111-l II YOI I \Glf\\'()01)_ t'OI OR.\110. nt,\I ~ l11c"lntc'!!"'Cm111c111.,I A~rccnw111 I ,,r llie ln1<·mc1 Cnmc, \gmtLSI l111ldrc11 Kcgwnol ra,i; I orcc", 011:a~hed hcrch> as I ,h1b11 .\. 1> hcrcb) ,1cccp1cd .md app1t>\l'\l hy 1hc l·ngk11ood C'H) l ",,unctl ~ l'ur,uam 10 An ,dc \/. Scc1m11 ~O. of 1hc l:11gle11ood I lomc Ruic Choncr. 1hc Cu~ t'fluncll ho• dc1cm11ncd 1h01 1hc Agrccmcnl <hnll no1 he pulilished hec1111sc ,if ns site. ~ The ~la},tr 1, hereby au1h~ri1cd '" sii;n and 1he Ci1 y Clerk 111 allcst 1111d ,cal ,11l d \i;rccn1cn1 for nnd ,,n hch11lf of 1hc Cny ,,r l:11glc11ood. Colorado. l'ubh~--J .,, .1 Boll r,,,-an\ lrJm:mcc Ill the l'II) '' ,,11ic,.,1 IIC\\>J'Jl>Cr ,,,, 1hc 111th Ja) "f 0,whcr. 2tX)\, l'ubh.Jt..-tl a, a 8111 for an Onl11l.11>Cc on the t II)·• ,,llk,al lh-h>11c l>..'J!IOlllng '"' 1h.! , .. da) ,,f ( )cu,hcr. 201\S for tlmt) (30) Ja) ,. Puhhsh<,d b) tuk ,n 1hc Cu}°s oOk,al nc-..,,paper a, Otdmancc 1'11 _. Scncsnf 200S. on the 141h Jay "1' October, 200, Jame, K. Woodward. Ma)or Al7FST: Loueroslna A F.llis. Cuy Clerk • I, Loucnsh1J A. Ellt,. Cit) Ck-rk of1hc Cuy of Englc\\ood. CnloraJo. hereby cen1f) 1hat the • ubci1c :md forc~1•ing is a 1rue ct•py of1hc OrJ111ance pa,sc-d nn final n:admg •nd puhh;hed by litlc a< Onlinancc N,,. _. Serie, of 200S I t'ucn,hia A. Collis • • • • r,;,-E;:• ,_ \:,i1 •:,:~!,·:t.: !.. i :::.-:_•.:. :-r :-::"~a.;::., .. ::T i: l f•"'i_l.. .... :1~ -CHL: l•;~h i.=Gl :,AL"'.' !.SK ?Oi{C:. Tms lm~~g0,e:nmen:~: Apee:r.:01 ::"•ed w1 :eierenc: :.1.s : J.;: an} of;,".:~: :·1:1t. 1s ma~,~} .m:I i>e:w~er. :.'le (11y ~f 'obr~:b S;,:1ngs. ~ Colora:i: :nu~1:1;,al c~:-pon,:,or, a11d ho'TIC :ul: city "Cry'' :.nd the r.-.:mher Pa."":)· o: Par.1es :?S mCi~::~ r~· s:gr.:.itu:-e :le::.:10 SECTJ(l', l • .•.' lTHOPJ TY· 11us Agreement is made under autho:1t)' of Colorado Constitullon, At:1.1cle XX. Secuon 6, Colorado Co:tSUtUUo:: Article )JV, Se:;tlon : S; S::cu::m 1Q. J .2Q~ Colorado Revised Statutes, Title IV oft'ie federal Juvenile Justice and D!iinquen:y Prcvenuon AC! of 19i<. as amended, and a Cooperauvc Agreement bctw~en the City and the U.S Department of Justice, Office of Juvenile Ju,..ice and :)elinquency Preven:1on. SECTION 2 • PUJU>OSE: The pWJ>O~= of this Agreemem is to provide a tas~ force to combat internet crimes agamst children Task force oemi>en may~ munici;,al, c. ·n'.)', o: fede:-al agencies. SECTION 3 -AGREEIIENT TERM: The te:m of this Agreement shall commence at 11 :59 pm on the:; 1• day of May '.!008, Md shall connn.ie until te:mmated ;,er the ;,ro"is1ons of this Agreement S'SCTION 4. EXPEND!-:-URES· Expenditures and Fees of Ea:h rart)' Deemed Expend11ures of Thnt Party: The parties to this Agw.n,en: ag~ tut the ;iurpos~ of thi~ Agrecm!:!11 1s to Jointly :u:comp!ish pursuant 10 C.R.S. Sec11on 20.J-203 acti\'llies which cou!d he p::rformcd separ:l\eiy by each Party. Accordin£:'Y, it i! .,gr"...ed und understood for purpos~s of the Colorndo Constitution. Article X Secuor. 2C. and the Colorado Springs City Chane:, that an~ f::e.s contributed or paid. or otherwise pro\'1deci by any Party to this Agreement 10 another Party to this A~rccment arc and n:main a.-expe11d1:ure of the contribmini;. ;,aym&, "r otherwise prcw1dmi; Partv and are not revenue o· expcnri::Jre! c,f the rc~~l\'mg l'i::-:y. SEC rlON 5 • -:-H E T /-.SK rORCE. ~ I Tne Tasl. force · BJ The u.,l01ado Internet !"rimes Againsl Children Re~1onal Task Force ts hereby created Each l':t."'.V to this Agre~i:ient ~ha!l be a member of tlie Task Force Tile Parues agree thnt the City sha!1 be the le~d agcn,, :hroug_h the t.:olorado Spnnp Police Department r s:>')1 A t, Add::1 :t:11..1 !::.:i::-~~-::-:;~.,::;'£.., an~ :~:;ia·y ~g~n:a~s 1:1:.) b::~·n:-J•ar::..::: ~-±:~ • Agr::emem W1:t the =01:<e:1 : : 1.1~ CS !'D chd N~" ::ic:nbers shall o':-um, appr~,~I {)f ti:,s ·'•IITT'emcm by :beir gc·ve:nir.i; h~..!) m ac::ord w:!h Se::uo:i ~9-1 -'.?C: CJ , .. S 01, if fe:!era!, in ncwri wnh federal •egula:wn U ;,or. upp~oval, a signamre sheet sh!,11 b~ at:h:h:d and oj:ied 10 this Agreem~nt, signifying membership. ar,d the Chy shall not:iy all Parties of the nu Pony mcm:iersh:p 5.2. The mission of the Task Force slmll he 10 , a) Share intelligence i;athe:-t:d by the Parc1es relating t~ mtemet c"rr.es committed a~amst children. b) t.1ake inter-junsdic.uonal arrests of suspects; c) conduct trammi;. d) p:ovide public education on mtemet safe:y and preventive m:asurcs; c) co:1dUC1 JOlnl Oi)".ll and undercover investigations penaming to internet crunes againsl children. 5.3. Meetings: Meetings of lhe Task Force shall be scheduled by the City, which will provid: adequate notice for ume, date, and location. Each Party will send a Designated Representauve to attend meetings . Each PJrty ~hall ensure that it is represented at least t,110 meetings per year. The purpose of the me~cings shall be to share information, coordinate investigations and facilitate accomplisl,mg the Task Force's mission. Each Party shall cooperate 1,11th the City to provide mform1111on needed for City repons to the U.S. Department • of Ji.slice. 54. Operations -The Parties may ~ mvcstiganve information on a dail) ba•;s in accord with Colorado Law. Peace officers from the l'anies m3y engage m C<'rporauve mvestigations. bo1h or-a and und=ve:, involving each others jurisdictions, with the coru.,nt of the chief peace ofiicc.-s of jurisdictions involved Howe1•er, when physically operenng in a Jurisdiction other than th~ officers own juriso•ction, an officer shail be ac::ompamed by an officer of the jurisdiction in which the investigauvc activities are occurring For purposes of this Agreement, "accompanied " in the physical presence of for purposes of open investigations, and shall mean an officer within supporting distance of the investigating officer and nctively participating in the investigation activity fo r undercover operations. ID the event that a mid or arrest is carried out hy Task Force C1fficers, the lead officer and orrcsung officer shall be un officer of the jurisdiction in which the raid or arrest takes place: the officers of other Jurisdictions may :iss1~t 5.5. Fundin~; Fede:<1I funJing 1s not required for participation in 1his Agreemen;_ However, the Cny has rccc:ved Office of Juvenile Jusuce and Delinquency Prevention (OJJD!') funds from the fcdwi govcnunen:. The City may conunuc 10 apply for this fundmg i ne Ci!)• may. at ns sole deu:nmnauon, make sub-srants of these federal funJs to vanous TllSk Force members. In doms ~. th: Cny shall determine what en,1:1pmen1 and cash payments will be provided 10 a memh:r A~d the use oftba1 cash or equipment 111e City shall provide the grants and or c:i~h by an annual letter. No further act10n or Agreement will be required by the go'lernmg body of the C11y or the receiving pa11y IO effcctunte lhc gram tmnsfer. The Cit)• ::'1r '• retain ownership of the equipment, with !he beneficial use beiug held • • • • ;.) ::1 .. P;..--:) Ir tli~ t:\l~:l.l :.1t us:q:-pa..,.) w1:!-dri::w, ::-rr. t: .. t 1.;:":-:-:,::11 ,, c··~\::S. 11 th~ C.:y ~ .,uie ,,~1:11or., tt u::i"~l~ p,rJ:::?Jt: in ::i~ 1-.;::-~=-n~r:i. th:~ fr1: ~guipm::'"-:t J''""' 1~~d und:: :l:,i p:;,,~s,on or a::iu:'."!:d w,th ::sb prol'lded unde: !Im pr~\'lSIO:l shDII be reiu:-nd to Lli: C1:} w:Llim :::my r:;o :le:·! of W':J:J~n k:·.c.,d D) ill~ C::), ~:il!:l:3 the Cl!) othe.·w:se c'.:.:L~ 1c L=sfer ownershir ~: me egwp:ne.,: u; !h: :.!Sl~g pa.":)' ':l) w:1:l!:n nou::.:. All le:u::s p:o,.i:!:n~ grant! of :::pi;,:nent or cash, •nd a:I iet1e:-s :.-a.'l..SJer.::ig owne:shi; of e:iuipme:i: ll1 Par-Jes. sh:.11 ~ a=iu:d t:l ::-.1s O.i;:r.e::i~: J~ s~uen::all) nur.:~-d Ana::hments. 5.<>. Equ1pm:m L!pon :e.,nmauon of :.liis Ag:eeme."l~ cil vehi:ies !!!le! other personal p:ope:-:y equip:n::nt pro:urc!l by an, Pa.'1y p;i:suant m sub-grant funding b} tll: Cny purniarn tc• this Agreement shall be and rcmam the ;>rop-..rt) of the City unless the C11y othel'\11~ d1recL~ m wmin~. SEC110N 6 -GENERAL TERMS AND CONDITIONS: 6.1. Assignment: A Pu::y shall not assign or otherwise 1..-ansfer this Ag~eemcnt or nny right or obligation hereunder without the pnor written consent of the City. 6.2. Law: This Agreement is subject to and shall be interpreted under the law of the State of Colomdo, and me Chaner, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, Colorado, a Colorado Home Rule City. Coun venu~ and jurisdictior. shall exclusively be i l the Colorado District Court for El Paso Coun:)', Colorado . 6.3 Approprinuon r•' Availability ofFunds: al. Appropriation a.1d availability of funds -The Cn; In nc.:ord wttb the Co lorado Cons:ituiion, Article X. Section 20, and the City C:.a.'l~r, performance of the Citis obhfnuons under this Ai;rc:,,,ent are exp.cssly subject to ippropriation of funds by the Colorado Springs Ci?)• Coun:iL Furtb:r, rn the event thal funds arc not appropriated in whole or m pa.'1 afiicient for pcrfonnance of the Citis obligations under lhis J-.greement, er appr.i;>nated iunds may no! be expend~ due 10 Consuruticmal u; C1ry Chaner spending ::m1:3tions, then the City may 1ennina1e tills Agreement wiLliout compensauon 10 the oth::r P:im~s ii). Appropriat1(•r, and availability of fun:!s -Colorado g<>vemmcntal enutlcs: in acconl with :he Colo:ado C.mst1tution. Anicle X, Section '.!O, pe:fo:mance of each Party's ohlirauons ~ndc: this Agn.:em"nt n:-e expr.:ss'.y subject 10 ap;iropnauon o: 1unds by the "a.'1)"~ gove:-mng bod) Further. m :he ~vent that funds arr not appropriated m whole or in pnn sufficient for pcrformonce t•f the Purty's obhgnmms under th·s Ab-reemenL or appropriated funds may not be i·xpc::ideJ du~ to Cons:itutional ~;:ic!e X spending hmtlltiom,. then the Party m~)' trrmmate 11s part1c1pa110n in this Agreement without compensation 10 the other Pa:til:s. c). ApJm1j.)riat1on nnd availability of funds -federal arcnc1es· The performance c,f n federal agency's oliligntions under th,s Agreement 1s expressly subJect to uppmpriuuon and nvoilabiht) of funds fo1 1ha1 purpose t -. ~_. ·\~·· ..... 1 !•: j":-. r...:.i!. l!,. :~,A;, . .:: .,t:::r~, ... :, ......... 1.:1 '"•~~~ :gt. ::"u1t J,1 ;,rri=iuc:• .. n::n~ v.-:-m:1:!S, d::s1,t,:1s.. :n·dd~, ::>;;.~ip1~, cI: r::1e~ W\1~1. pr.,:.i:.i;;: p~(,ou:.ed pu:-su:;in: • t:, :..":is !:ne:~ovc::,rne:-,:..l \Jtt!::ncn: art ..;nC .,h ... '., i,~ L¾!· ?r:,;,~:-t) of tht· C1:y, and thl'. th~ Ci:; ciw:1s. ~as. _--id ;,os~e .. 1es. any and ~:! c1\\':,::.:::l1p :-ig~:3 an:t !nt~r:.:~:r Lr any :;1teile~tua! p:-o?ert~ ma:i: o: pn;iJc:.-J.n:i:: Dr ?!.l~~an; t:l fr.:!' lnte:-go"~--nm::ita A~reem:::il 1:1:h.:.:img ~'1)' and ail :oy: ~gh:., .t~.ie:na:'t., :,: . ;,a·::~:_~£~·:_~· J.'1~ ~-:~ :on~~l?('r. l~ . .: ?ar:y {:,: /,g:-~tr.!:.'11 "-'1:1 •~1:nc·..-1e::g::m:n: o: am J\. ::.L_:£1"L .'-.!.. PiW?::.f.n Rhm I S::Cll0:1 o: :his lme:go, e:m:1:nu ' Asreemcru is m:l:.tded in 1:1: Cons,rie:-a:ion n:ndt:ed tot~: P:uues by tht City in agree:ni; t. tins lnte,gove:nmemul Agre:me.~:. l: is th e intent of th: Pan,es that the Ci,) shall hev, full owne:ship and :ontrol of the projuct1 produced pursuw1 to this Jmergovemm cn'. .. A~rcem:n~ and each Part) spe~1ficall) waives and assigns 10 the City all rights which the Party may hllve under th~ I O{)Q \":sual Anists Ri~hts Act, fetkral, and state law as now wrin:n o: late: ame.,de.:l or pr:1v1ded ln the event any pmduc:s, items writings, designs, models, exlllllples. or other work produ:: ?roduced pursuant to this lnte:goverrunen:a! Ag:eemem is deemec by a c~un of :;ompetent junsd1cuon not 10 be trar.sfccr.:d 10 01 owned by :he City, :h1s ::NTELL~CTUAL PROPERTY RIGHTS provision shall ac: as llll 1rrevocabl: assignment I.Cl !he City by th: Parties of any and all co;,yrights, traderna.--k rights, or patent eights in 1he products, 11:ms writings, desii;ns, models, examples , or o:her work product produ:ed F ;nt I.Cl this l01ergovernmental Agreement, including all rights in perpetuity. Under this irrevocable assignment, each !'a11y hereby assigns to the City the sole and exdusive right, title, and interes: ll\ and to the products, items writings, designs. models, examples, or other work product produ:ed pursuant to this lntergovernmemal Agr~mem, "ithout fu.-the: cons1dera:ion, and agre'.!. tc> assis! tile C1:y in repsienng and from ume to ume enfor:mg all C()J!y:Jgbto and oilier ri:;l::s and ;i:01:::ions rel:mns to tie products, • it::r::s wntini;s, designs, models, eKamples. or othe: worl: produ::t m any and all countries. It 1s ea:h Party s specific mtenl to assign all ng.ht, ti:lc, anJ inte1 1 wbats~ver in any and all copy:igi11 nghts m the products. items writings, designs, moL 1s, CKamplcs, or other work product produced pursuant to this lntcrgovemn.ental Agreement, in any m:dia and for any p~rpose, includin£ all rights of renewal and extension. to the Cny. To that end, each Part)' u~'fees to execute and de!i,,cr aU ne.:essary documents requested by the City in conn-,c;ion therewith and hereby gmn:s to tbe Cit) all ngh~ to execute, register, and file any such app:1cau:ins. and t-> do all oth:r lawfull) p:rmmed a;ts to further the registration. prosecu:ion. 1s.~uance. rer.ewah. an~ e~tenstons of cop)'rig.h:s o, ,,ther prolecuons 1Y1th the snme legal forlt and e!fe:: as if cxe::utd b) each Pa.'1y; fu:-:he:. tilt ;,ar:ies eqr::ssly agree tha1 the pn.wis1ons of th!S P,TE:..Lr.rn.;AL Pl-:OPERTY RI G! !TS se::i,m shall be binding upon the pames and their. su:::esso:-s1 .. nd c.;s1µt:s. C..5 Tcrminat1~n The Cny ma) tcrminntc :hi9 lnic: ;ovemmamal Agrcem:-nt for c.onvcme11cc t•;,'lr. thi::y d2ys r:ior wntt~n n11t1c~ to tht ['(U't1~s. without comp~nsa110n tt1 the l'urt1es An) f-.i::: ma~ tc:-:nm.t~ It' p:ir,1cipation llns /.i:rr~mcnt fo, ce>nveniencc upon lhiny days prior vmncn n;mc: to tile C.:y and re-payment 1, tt~. l 1:) of nil U!l"..Xpcndcd fund.< provided to the P:ir.y un:le; 1h1~ Agreement • • • • :....,~.i.. C ,n::~~:"i. I; ;:a:--_1!.:: .11;n:: ~1:-, ... J;i~:1CH-'l,;if:;. :.in: :m.· ;;1 .. :1\';:p.:~ ·,r.: .. ~:1~: 1n :h:~ .~.fT:::~a: ~:: m ... :-".~:-!-' "f ;-.~: ~'l!". ::,. :1.L a:1C! Lt'iJ", tn~ PJ.--:1e\ !':_,,.. ::,u:~alb :om~o ~ •~et!'ler :.:ir tht ;i:.::-fo:-:.1::m:_. o: th: m ... ::.!"' o: b:a.; .:.:1n_;;~ .•. n .... :h ,. no::un~ ir. .~:r _!,fr:::n71~~ shill or :,~ (;.(1:s~~ Jed a5 m-l.i:1f ;.m~ 'Jf the b:~l ~:1:1c~~M cF v~ red herein mutl::n :,! m:xec ... -,n~:!:'r. o: stat~v.10:: -."ln:::..-r. :, -tn~r~ Ag;-e:ment This .~.gr~::::,:~:. togeth~ wnt. al! ::.h1~its an . .:~:h~d nerc-:~ cocsututes the ~:i,ire Agr2emc:1t b:tween the parues hereto, and all ,,thcr reprcse:-:tatmns or s:aiemems :i::retolore mad:, v:~bal or w:men, are me~geo hllretn, a.'ld this Ai:re=erit rr.ay he amended only m wn.mg, and exec:.neri by dJly au:ho:izc:d re;ir=sen:a::ves of the par:ie. hereto. 6.8 l,onww,e:-of Righ:s !\o waive: of d:fauh by :he City oi an)' of !he 1e:ms, covenants, and condiuons hcre:,f tn be performed, kepi, and obscr"cd by any Pany shall be construed, or :;)iall operate, as a wai ver :,f any su::sequent default of any of the terms, ctwenants, or conditions herein contained 10 he ,,erformed, kept, and observed by that Party. 6.9. Force Majeure. ln the e"ent of e:tner pan) bemg rendered unable wholly, or m rr~ by force majeure to carry out its obLigations under this Agreement, other than its obligations to rJake p.i)mems of money due hereunder, th:n on such pa.-i) s giving no:iet and full paniculars of such force majeure in wmmg to the other party as soon as possible after the occu."TCOCe of the cause rel:ed on, then the obli·ation of the pany givir.g such nouce. so far as it is affected by such force majeure, shall · ; suspended during the continuance oi any inability so cw.sed, but for no long:r period. and such cause shall, as for as possible, be remedied with all reasonable dispaicr. Tne term 'for:ce majeurc• as e:nployel! her.:in shcll mclll1 acts of God, at.ts of the public enemies, wars, blncl:ades, insurrections. riots, epidemics, landslides, lightning. ea."lhqtcl:cs. fires, storms. and floods. ~.IO Headings ".'he hc:idings of 6: s•:vcral anicles and sect•o:is of tli1s Agreement are inscned only as a matter of conv~nience and for reference and do not d::fine or ltmn the set,pe or inten: of any provisions of this Agreement and shall not be constru~d to affect in any m:mn::r the terms o.nd provisions hereof or the mterprel!ltion or construcuon thereof t 11. Integration This i! a tomplete!y mtegrate.i Agrc:ment an:l ronuun~ th~ cntir.: Agrezmem between the po.:-ties, Any prior wrmen or on ! t .grccments or representauons refar.:!ing this A~:ecmenl shall b-. Qf no effe::t and shall not be bindmg on auy Puny or tbe Cny . Funhcr. cuch Party and the Clly acknowledge and agree that this 11 e n~go:,mcd text .tq;=~=nt. a:,d thJ, as such no term shall Ir. cons:rucd n:;ainst thr Cit) as the autho1 thereof. 6 12. No TI1ird !'any Beneficiary: It 1z cxprcssli• undcrswod and agreed thut enfort:!!mcnt of the 1em1s and c. r,diuoll!. Jf :h:s Ac,c,,m~~l. and all nrhts of a.::ion relaung to such cnft•ccemcnt, shall be stri,:tly reserved to the Panic; hereto, and nothing r.olllatned m 1h1, Agreement shall i:1ve m allow any su·h claim or rii:ht of action b) any o ther or thud pc,s.,n or emit) on such Agreement. It is 1he express mten:ion of the Panics hereto that an) pe:son or en!lt)', other thnn the Pames lO !his Agrerment, r~cciving sen•ic~ o• benefits undet tlllS Ai;reement shJII be deemed 10 be 1~:1denial beneficiaries on:y b. I 3. "''a1vc1 7h: ;,:-onsw~ l'Jf ie=-\"J..,:: uuoe: tins 4.~:-e:mm: 1~ foi ~h:! b::a~f,· of the mc:nb:! :•an1:s Aetordin~!v, £ach !'an) does here~\' w.1ve, rem11e, and rc!cJse an) clam:, nghL, or causr of ~:tmn 11 mu) h~vc, or whd mll) a:::· ,em !he fu!llre. ag?m,t ,he CH) a.ismg m who,c o~ m p:i-1 from thr. Ai:reem,:m 6.14. Compensauon bcep1 as othc:-w1se s:.:t:d :n th:s Agreement, no Part)' 10 llns A.grcemcnt shall be reqmr~d 10 pay any compensauon 10 another Party '" anothc, Pany's personnel for any scn·1ce; rendered hcr~under Nothtng m this agreemen: shall be oonstrueJ to place the personnel of any PaJty under the cont' I or employment of another Party. Each Pany remains responsible for all ;1ay, cnutlement, employment dec1s10M, and worl:cr's comr,nsabon habihues, fo1 its own p::rsonncl. NoU1ing in tl1is asreement ts intended lo create or grant to any thtrd pany or person any right or chum for damages o~ the right to brmg or maintain any action at law, nor does any Pany waive its immumucs a1 low, including immunity granted under the Colorado Governmental Immunity Act. 6.15. This Agreement has i>een approved by the Parties in accord with Section 29-1-203 C.R.S by a Colorado Springs City Council Resoluuon, and appropnatc governing bod) resoluuon of each Party as provided under Section ~9-1-203 C.R.S., or federal authorization, 10 be attached for referenc~ hereto as Exhibits A, which resolu110ns authom.c the s1gnamres ~low FOR THE CITY OF COLORADO SPRINGS: _A~ B)' ~//, V ~ ~=., 1·111s 1,.2;1,{ da)' of a~ . ions . .JA';,:;-i,1 Rr·f-'---'-----• - M.yor • • (Sea!J FOR THE CITY CF LNr.LLWOOO : • By: ____________ this __ day of ____ _ James K, Woodward, Mayor 2008 . Attest: Louct·ishia A. Ellis, City CleLk • • • • ORDINANCE NO. SERIES OF 1008 BY .-\l lllORITY COL t\CIL BIi I '\O. -1 l:>:TRODL'CED BY COUNC'IL \ll \113ER \\'II SO'.\: .-\'.:ORDINANCE AL THORIZl:-JG AN 11\TERGO\'ERJl:MENT.-\L AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLOR..\D0. AND THE ST A Tl:. OF COLORADO. ALTHORIZl}.:G THE EXECl'TIOX OF THE t\lA TCHlt-:G GRA:--T APPLICATION AND AGREE MENT FOR TIIE 2008 INSULATE COLORADO PROGRAM FOR EXISTll\G IIOMES. WI IEREAS, the Gol'cmor's Energ} Office (GEO) launchc'II the Insulate Colorado progr~m in April 1()(18 hy awarding S416,000 in funding to 4:1 progr,un sponsors, and GEO has issued Round II t-.1atclung Gram Aflplication to all Colorado cities. counties and utilities I\ 1shmg to jmn the existing program as a panicipming 2008 sponsor: and WHEREAS. GEO works close ly with Colorado par1ners to ~upp<lr1 the proper msta\lauon of insulation and air-scaling measures in Colorado homes. to increase consumer awareness of rcsidcnual energy efficiency options and acu, cly promote the ins1allm1m1 of additiunul "hole-house energy sa, ing measures: and WIIEREAS. homc..>l\ncrs mu.st rc.1dc within a par1tcipaung f1Jr1ncr·s uflicial Jurisdiction and wrn k with an chg1hlc insulation contrach•r "ho mu<I currccll) 111<1all insulation 10 a dctcnmncd R-volue us r.:-.:ummcndcd by the 2006 lmemationul Energy runSCI'\ ati11n Cooc: !'\OW. THEREFORE. BE IT ORDAINED BY 1 HE cm· COUNCIL OF Tl!E c1n· OF ENG LEWOOD. COLORADO. AS FOLLOWS: Scc111m l . The lnt•'l'gU'<'ffimcntal Grant ,\gn,,nc.111 hct1\<-cn 1hc C'uy of Ln!!lc'"'<xl. Colorado. und th,, Stutc of c,,lorado. pcr1.11111ng lo the Gm cmor·, Energy Oflicc Insulate Colorado l'roi;ram. unuchcd a, "falubil A". is hereby uc,cp1~d and apprmcd hy the fnglc"ood City C1>u1ml. Sce1111n 2. 111c ~ta)1•r 1, autlu,n,cd tu c.,ccutc ,1nd the ('11y Clerk Ill anc,t :utd sc.il the lntcrgo, cmmcntul Grant Agreement for a11d on hclrnlf 111' the City ,,f Englc11·1•11t. C11lorml11. Pubhshcd as a Bill for an Ordinance in the City's oflicial ncwsp:,pcr on 1hc IO'" day of 0.:1,>ber. 1008 . l'uhli,hcd us o Hill 1hr un Ordinance on the City'~ 1•l'lk1ul wehsne hcginn ing 1,n the Xth day of O.:h,hcr. 2rn>x for th1ny (30\ day, 9 b iii Read by 1111c anJ p.1;><-d ,,n final rcaJ111g "" the 10~ da~ !lf<lctobcr. }OOS l'uhh,hl'll b~ 111k in the Cn) ·, 1•flic1al """'paper a.Onhn:in.:e '" _. Scnc;;<'f ~00~. ,,n the l~th da) of Oct1>licr. ~IMI~ ATTl:ST · Loucrishm A. Ellis. Cil\' Clerk l, L(lucrishia A. Ellis. Chy Clerk of the City of Englewood. Colorado. hereby ccnify thm the nbo,e ond foregoing is a true copy of the Ordinance passed on final reading and published by tit le os Ordinance No._. Serie, of 200 8. Loucrislun A. Ell is • • • Matching Grant Application (RII) The "In sulat e Colorado'' PrograrT' -Matching Grant Application - ROUND II Funding Th e 2008 Insulate Colorado Program For Existing Hom es ~rie c;~~•f,..,;tO"·• ·s~ u-p,1'1 "'"' $WoW ,ix. :_. :01:-:i» Eligible Res ponders: All Cobrado Cities , Counties ft Utilities QJm {/_§y:. The Governor'. 1.. ,::·::'.' Office Pfl ll03)16[ :'100 hl>Ol116'."ll0 ,.,.._. .. .,..., • • H ~ I T A Matching Grant Appli c ati o n (RII ) Th e "Insula te Colorado" Program Sectlon I: A licant lnlonn311on: • This section should inctudo all cities, counties ond othor organizations applylng for the matching granL Parlnorshlps are not required, as a city or county may request consideration for matching funding Independently; although for reasons of cost-sharing as well es creating a stronger regional presence, forming strategic multi-city and county partnerships are encouraged, City ol Eng,owood N>me Janel Grimmett l.lolingA<klrul 1000 Englewood Pkwy c,iy Englewood Pt,o,,o 303.762.2349 CllyiCouruylOclJ>MIIJon Nlml Cor,t•ct RtptHtnlsng ~ Name __________ _ PhOne __________ _ Name MQlrlng Aod•tH Clly __________ _ City __________ _ !'hone iN G.'.'.-..-,.0-1 llrf\ :"at• t$IO\C"Ql!'1 Sllffl Si.at 100 o.,-.,.. C!>IW~l ..., Till HOUS1ng Finance Spacialost l~Caot_S0_1_1_0 _______ _ E""' jg(ll1Vll6tt Oenglew:ioclgov.org Jot·~----------- ZJIIC.O, ----------..... ------------ Jot Tee _________ _ Zll>Ccdl ---------- lipCOOe-__________ _ tm.,, ------------ Pn 1)021 aa.:100 , .. ~>Cl)) *·2tl0 "'P t$rl9'0:9P:tt 'll.:C Matching Grant Applicati on (RII) The "Insulate Co lorado" Program , Sectlon IL Im lomentlllion Prannln Chllcidlst . ', : • • '·· .:,z,~•~ F:ir :"' .s c_t.~ck ~l. ;ra.nt~at":>licants rl'ul~ nent rl their pta--'\ed a ·irv1t1es for 1he :?:>JS n~:1Late :~ :,r, 1-Pro~·am GEO recognt.!es that ea:~ :.t1 cou"":, o• ... ~ "'1' .. 1 r.a:e lin,que '11:d•-'1 ::,r: :,D"S an:, Oe"!1ogra:,t,,,:.s, a~ a·: t:ie.refo,·:! ~-c~~•:,g-!< _ t:-i l Jte a tu!.to,t;iza ,rnr,tl, mci: l:1:,r; p,;"1-Ca!.,!:f on avai!3ble resourtes and b.,.jge: Tne OJahty of t"ll! pa"\ pr:,pose..f 1n ~~ ct J~r,l·s' \', be a dat~·..,1-, :ig fa:.tor tor fu.,:f'1'tg c:.'1s,ce.--a:1.:1s If appr.oved th'! applicant's pro:)OSe d plan w,11 bo incorporated 1n:o the Purcl"'-a!:ie Q:ije• to a.::ompany fJn.:,113 J. ,ocomm!'.:ri~e1' i.$1 of a:uv,:,es ha.s be!! .. pralljed altncugh propos ng \l"lr\O\a:-ve a:.i.1" ~es"' p,3te c' \•,'°lat 1s presanteC 1s recommended Ma1,n1ng gran: funding •• ,mended t.: oe ;:,ma·dy us~ to :::·slnb\Jle ·rebates· cirectty 10 hOl"eowoers w,v-n 3pprove:l junsdoctions A por:,on o' the appl•cants r:>alchmg funds may be ollocaled toward any adrr,1n1strahve costs the "'lty or eoun:> may exper.en::a W"ten sektcting or pmposmg acuw es. anphta:"l!S sho,ald he awate ol lhe lctal budge: :ne~ are prepnng so as to not under or over estimate resources The total budget is equal to ant funo ,ng amoJnl pl\Js the eqarvalent city or coJnty match Please chock 11·hich of the /o/1:,w,ng acfrvr:,es the c,ty our cJtmt1 w,, be 1mplc1nen/mg m s.ipport of ,ts rog,:ma Insulate ~ Program 0 Wor.,ng v. ,1h GE O's ;eg.onal represe,iaL••• to o:ler.:.'f local insu1a11on conlractors lo e<>mplete the elig1bMy seminar and part1c~a1e on the Insulate Colorado Program O He'?•"ll t~ coordinate a half-day GEO-sp,nsored seminar for local 1nsulat1on contractors 10 learn about the program's techn ical and adm1n,s1rauve part,cipa~on requ,rements (th,s may inclu~e fac•hty ,:ien:1Jea:,)n a nd re:Jte-d lh'em .ogis:,cs} [j Serving as a reg,ona 1n!o·ma:,oe so,n:e for all l:>eal ms.lahon contractors and ho~owners oar..clpat,ng In the lnsu:a1e Col oraoo Program EJ Promolll'; the progr~ v,a the :uy or county's web111e to .. Jnteowners, as '"'II as pro11:!1n9 hom9ovmers w1th contact 1nfo"ma: :r. of e'1~ibie msw a~ con~act, ~ E) Pnnung and d1slnbcl1ng Insulate Co,orao o Program rebate forms f.x hOffl'!!>\,'!le,s. these fo•ms ,nay alsD be p:>steo for homeowner dcr.·. iioac on the partner c,ly or county's website ;J Pro:ess:ng an reba:e p3ymcc:s lo· ll<)(\'101!Wllers su~i-.u'.Ir,g conplcied fo'fl\S and rcqu11e:l do:::une .. 15 0 Tra:r.mg ,V13 supplied spreaas'iee: hoTl~wner na Ties and addre~s f,:,r ali issuc:0 ret3tes, and suomIt1mg to GEO on a montr,y .,s fJr ,ncf,..,,.,,, m the stalewdc orogram □ ii oartne•sh 1p w<lh GEO. sup?on a reg1Jr.J rMasur,, 6 Vcnf.:J'.,on ;,,:,gram p1a10.::ol otanr.ed 1.lt ;•~ to 1 ~ ~: hone~ that v.·ere assued ·e:,a:as 1 ... c;.,,,.tl\OflEne,g, it,., •uo ,,i So•'P1 S-.'i!C ;, .. ,c, ,...,,;~-, h (l:l U6 :'10) "• tJ:,l ~ :-13? ~ -4 • • • Matching Grant Application (RII) Tho "lnsulato Colorado" Program ?tease Of~f.; :esc•1be h:>. •,~ c ~i :,~ .. JUity ~tends ·a"':a;;_acm.."' sl!-r -~:.3.· .... s ·: hr .. 1 .. ·s suU~i:.t.ng: cor.-::>t61~d re:l-at~ req _s.: f.lm"'s. ar~ pre-. :fr'S .,,.y,.. o~me,ra:,on The ex1>tio,i &:eff o' t•19 Commuruty O< ,el'JP'TlDOI Oap~ o' the C.t) o: E'lg'ou:>Od , ... ad....,,sier and menage Ult reta·ts 10 h:>meownars A sepa'Jte a=un: ,., "1 es~1s'>Od ,., u,,n 1119 fil\8/ICe d-,i,a1men1 for the rabate funds CD stall wtll r;.:aive t'I\I d:x:uments from IM homoowners es<ablisllin; lilat an requ,reil docu'lants are propel1y comple:ed N:tmes "" b4I tras<ed on the supp,ad G:O spreads~'9et to be reported mon!hry Hon,eowner re!und checks wtll be proc6SSe<I and maiJ•:J tor e•;giblt hOllll!OWners thrO'Jgh t"te Cly's ex,s~ng rcquislbon s1'>1""1 based on the 20-,. raf ,nd or S300 mwffl\Jm t,,nl( CO staff Wtll also request reim:iursement from the GEO tor Iha ,ssued relund checks to homeowners Marl<eting of the program w·II b4I done through the bi•monthly otizen'& newsbller and through the Ctty's v,. s,te 1, Will the Insulate Colorado program/reba te be up•rat-.d rn partnership v. ·•h •nether ex,shng home energy emc,ency program or rebate offenng (such as Horne Performanr.e wifh EN:::RGY STAR)? O ves (:]no 2. II yes, please bneny describe the program and how the city our county plans to ,nc ~rporate the Insulate Colormd~ Program Into this affiliated program J Dws the C>ty or county plan to ,lbst-tute tne GEO-spoosored ha~ day progr;im t,a,rung for r.u;t.;t,on contractors w,th a a,fferent traomng or contractor certdcation requc-ement O yes E]'lO • ff yN. please b(i0ny descnbe the traru,g o• cert,ticauon the c.ty o, county wi.l be us.,g 'Tne c,o.,.,,., Eneio, Otk, 1$~ i,.Cl;•11 St-1.'tl 5i.'1it 1~ o.,,,.., co I01,) Ph ll1)1 '"--2100 Fl (3,a H6-2'fl0 tra,,.;r;f91ttt X'i'•C'l"'iiX Matching Grant Application (RII) The "Insulate Colorado " Program , · , · , ' · Section Ill. Mab:hln Grant Calculation · -, , , :;,,ll#Vi~ .;;;R; A combined matching gran t reques t up to 525,000 ?Cr application is available . Applicants may request matching funding in any amount. so as not to exceed th e S25,000 . This section sl,ould include the matchir1g contributions from all cities, counties , ar,d other organizallons apply ing for the matching grant C1o1 ylCOUn lflOrgarn.z atlon r,..ar,-e City ol Eng tewood C11y1Couri'Vl::>rgam::at1cn Name C1tylCoun1y!Ofgilnlz auon Nome (C .) Planned Mat t:rllng FlrlanClal Cantnotl1ion Cily!Coun1y/0fgarn:.::ati0fl Na~ (d) Plumed Matching Financial Conitmui10n (e.) Total Como1ncd Matching C11yfCoun1y Con tribution (a • b + c +d) (f.) Tota, 1.1atefllng Grant Arnoun1 Request!d li'0lll GEO, (= to am Dunt rl e) (g) Totol tn-sul,U! Program Budget. (!,. f} (h) E!illmatcd 200! Reb~ll1$. ("' to g/200 , assume e:vg: o! S200 per home) 1 5,000.00 1 s,000 .00 ___ _ s 5,000 .00 1 10,000 .00 50 ·.-·,,, 1 •., •• ' ~ ..... ,~sectJonlV.SJgnature · ' ' .~rJ~, ... ~• ... ~~ .. .,. Sin co all ~ubmis~lons of this applicatlon will be made ~lo-ctronlc:illy, no ofnclal signa ture Is required . For this section, ploaso Indicate the no,ne or tho tndlvl duat completing th o application and the date Is was prepared. Ni111J:amm:ee:s.i:-::::ic=t:x:::::11'1'io.tilDi:lfilillQ'.!aiI•:Z:dt;,::::1•m1 atty~oorr---Joo Tille ~---'o"'a"-t,..e...,_: _ M.11hng Addres.~ 1000 Englewood Pkwy Cuy · Englewood Phone 303 762.2346 Z.p Code _80_1 _l D ________ _ E.mau awhile@englewoodgov .org Th:rnk You for Sut>mlttmg rh o M:Jrclllng Cram Applicatro,11 Tnt Uo~f'rn ol', Energ-y Ort,:e ,s.10 l09ar. s-.,!!l et Suite 100 C\9:nvl!'r. CO !O;'DJ PPI {JDJ)IJU:•co h {JC31 !!i&-29J0 ~:.S~!IU!lg:rl~ • • • • • • URDINANt'I' NO. Sl:Kll:S OI :011~ II\' \l llU>KII\ l'f l l 'l\l II BIi.i. 1\0 ': INI Rt)l)L nil 13\' ('<lllNl'II m\1111 P \IOORL \N llRl>l-.:Al\CI: \Pl'RO\ I\Ci SLPPI ~\11.l\ I Ml lh-1 Ill 1111-SOL t i ICi1\ f L SA!';I r A I ION DISTRIC r CONNl:CTOR"S AuRLE~!El\ r FOR THI: INCLLJSION OF I J\]\1) IVrrIIIN TIIE ntsm1CT noul'-m,,Rms \\ IIEREAS. the C11y ofFniiic,H>Od pr11\ldcs "-"'age 1«a1111<11110 appro"m:lld)' J~.000 nccounts out:,nlc 1hc Cit~ 1hmu~h , .. omracts \\ uh numerous c,lmh..<ctor tlisircts: nnJ WHFREAS. the C'll)' of En~le111w,d 111u,1 appn11c nn) :1d,1t1io11, ofland 10 be ,cr1c,I hy the districts hy co111r.1c1. an,1 \\ 111:KL·\S. ad<"qUale CO!'"Cll) hos be<~> pro'1dcd m the U'callncnl plalll 10 accommoda1c all such future mclusions so BMC<alion of 1h,. ;,:in:cl of Jund "111 1101 mcrcase the lop allocation of the S11u1hga1c Sa1111a11on Dis1nc1; and \\'HERl:AS. 1he DRCOG sewer 1rca11ne111 scr11cc arcn mnp needed 10 be amended 10 rdlec11he inclusion before the pn,poscd mclu,inn 1111,, 1hc Sou1hga1c Sani1011on D1mic1 could be considered. ond the rcqucs1 for consb1tnc) "uh the Clean Waler Plan \\3.< n:\lcwed and npprm cJ: and \VI lf:IU',\S. 1hc rc,1ucs1 for c,clusion from the Parker scr< 1cc "as nppmvcd hy IJKCOG on 0.:1<1hcr IS. W07 and then nppro-:cd 111clusinn of the site 11110 the I i11lc1on l'n~kw,•><l s..'f\ ,cc ,uca on July IS. 2(XlN : and WIIERE,\S. Colon) lnvc-1111cnts rcqu,-sK-d mduston of 53.59 acres 1n101hc Sou1hga1c Sa1111a11on Di,1nc1 t,,r rcsidcnunl and co111111crcml use. which parcel is loc.ued h<111 ,-.:n I-JS and Ynsc11111e, south ofl.inenln Ave: \\'I l~Rl:AS. s.11J annc»uon uf 1his rared nf lm,d "11! 1101 mcrcasc the 1ar allnc,uiun 10 the So111hgatc Sanuauon D"tncl NOW. flll·Rl:l ORF. IIF IT ORDAINl:I) llY 1 II E r n ,. ('Oll!\('IL OF 1 IIE l'I I y 01' l:NCil l·\\IOOD. COLOR1\l)O. AS FOi.i 01\1S ; Section I. ilK' Agrcct11<111 bm«""' the Cny uf Eni;lc",ioo and Sou1hga1c San11a1111n D ,1ric1 -11111lcJ "SuppkllK'lll :,lo 16-1. 111 ('on1K-c1,,r, A~'1""'11K.111". \\hich mclud,-,. ~359 ncr~, l1..:a1e1t b,:11<ccn 1-25 and Yo,c111i1c s.iu1h of Lincoln i'«c .. " hcreb~ accept<-d 1111<1 apprmcJ h)' the Engle"ood C11y l'<1un<1I. ,\""I')''" said Agrcc111c111 ,s anach<-d hereto ns "fahibil I" :ul<I i11wrpormcd hcrc111 hy rct'crcncc , Secuon 1 Inc ~layor and Ctl) Cieri; ore hcrcl>) authon1-<.-d to <tlffi and a11cs1. rcspecu,cl). 1hc ,.,.J Agr,,'111<-nl for nnd on hch.,lf of the Cuy Council ond 1he Cuy of f:11glc1< 0<>d. C11lomlo -l. 9 b iv Puhh,h,-<l n, ~ 11111 1\,r ,111 \lr,hnn n,,1111hc t'11y·, 11flk1al 11 c\\ ,paper ,>n 1hc lilth day nl' l)c1,1hc1, 1(X)S. Puhh,hcd n~ a 8111 for an OrJmanrc nn 1hc C'i1;-'s oflicial ,..,t,,i1e h..'1!1111111\~ ,1111hc ~th d.i) of 0-.1ubcr. 1C~lS fM dun) (301 days Read b) lltlr and pas,<'<! <>n final rcaJ1n~ on 1bc lo"' da) ofOc1obcr. 1tMlS Publi,ht-il h)' tnlc in the C'11)'0 S oflicrnl IIC\\Sp,1pcr as OrJ111a11cc N11 1008. on the 141h dny of Oc tober, 1/I0R. Loucrishln A. mtis. Cny r lcrk . Scncs of I. Loucrish ia A. Ellis. City Clerk of the Cily of Englc"ood, C'olorndo. hereby cenily 1h.1t 1hc above and forcgomg is n 1rue c<>py of 1he Onlin.1nce passc-d on final reading :md published hy 1i1lc as Ordinance No. _. Sens'S of 200S. l.uucrishrn A. Ellis -2- • • • • • • :.UPPLEMElff NO. !..:!...:f_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entorod 111l0 by and between the CITY OF ENGLEWOOD, acting by and 1/lrou~h its du•y su1horlaeo Mayor aod City Clerk. hereinafter called the "City," end SOUTHGATE: SANITATION DISTRICT, Arapahoe and Douglas Counhes, Colorado, herelnaffer ca lled the "District," WtTI~ESSETH: WHEREAS, on the 20:hdayof June, 1961, the City and the D,sfntl entered onto an Ag1eement In which the C•y agreed to ueat sewage originating from the Oaslllcl's sanitary sewer &)'$tern wllhn the area served by the Ofstricl, v.tik:h Agreement was mosl recenlly renewed by C.onnectots Agreement dated November 16, 1988; and WHEREAS, said Connector's Agreemen t provides that the district may not enlarge its •ervice area witho ut the written consent of lhe City: NOW, THEREFORE, in consideration of lhe mutual covenanto and undertakings herein •et forth, the parties agree •• follows . 1. The Chy heret;y consenl5 lo the Inclusion of certain additional area located In Oouglai County. Colorado, ovmed by Colony lnveatmants and more fuly clesctlbed on Exhl)lt A attached herelo and lncorpcn1ec1 herm by reference, info Southgate SanHalion Distric:t The Chy agrees lhal said addilxlnal area may be served with lhe sewer facllhies of lhe Dlslrlct, and I/lat the City wta troal lhe sewage discliarged lnlo the Clly's trunk line from uld addltlonal area, all In accordance wtth the t:cnnector't Agreemenl dated November 16, 1988. Accordingly, Exhibit A referred to In Paragraph 1 of !he Connector's A~roemenl dated November 16, 1988, Is hereby amended to include such addltional area. 2. Each and eve;-y ether provision of the said Conrrectots Agreement dated November 16, 19811. shaP remain unchanged IN WITNESS WHEREOF, !he parties have set their hands and seat, lhla __ dayof __ ,200_. CITY OF ENGLEWOOD AmsT: By:=~=--....,,..----,--- MAYOR -J ... mes K. woouward ~~ .oucr1~hid A. Lllis (SEAL) ·······• .. : .. ,. SOUTHGATE SANITATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES, COLORADO • LEGAL DESCRIPTION IW. 1 ,,. EXHIBJT "A" Po go I of2 LEGAL DESCRIPTION -DISlRICT SANITARY SEWER ll~CLUSJON BOUNDARY A PARC£!. OF LANO LOCATED IN THE NORTH HALF OF SECTION 22. TOWI JSHJP 6 SOUT!i, RANGE 67 1\£.ST OF THE 6TH PRINOPI.I. MERIDIAN , CITY OF LONE TREE. COUNTY OF DCXJSU.S, STATE OF COlORAOO MORE PARTIOJLAAIL Y DE:SCRIBED AS Fa.LOWS: BEARINGS FClR THIS l£CAL OESCRJPTIOII ARE BASED UPON THE NORTH UN£ OF THE NORTHwe:sr QUARTER OF SECTION 22. TOYMSHIP 6 SOOTH, RANGE 67 Wc:ST OF 61H PR!NCIPJ.J. MERIDIAN YIHICH WAS I.SSIAIED TO 8!:AR NClRlli 89'26'42" Wc:ST ANO IS MONUMENTED BY A 3-1/4" 1.1.UMINUM CW' STAMPfO IS 69J5 FClR THE NOR1HW.:ST CORflER ANO BY /.. 3-1/4" ALUMINUM CW' STAl,/P(D IS 10945 FOR THE HORTli QUARTER CORNER: !IEIJHNIHO AT THE NORTH QUARTER CORNER OF SAID NORTHWc:sr OU/..RTER OF S.CTIOH 22: TliENCE SOUTH 89'26'53" EAST 1,1.0,IG THE NORTH LINE OF 'THE HalTHEAST QUARTER OF Sl'JO S.CTIOH 22 J. OISTANCE OF ~64.17 FEIT: THENCE SOUlH 00'26'29"' EAST A DISTANCE OF 598,37 FEET: THENCE NORTH 82"44'42" 'EST /.. DISTANCE OF 97,89 FEET; THENCE NORlH 69'49'07' \IIEST A DISTANCE OF 275.« FEET: THENCE SOUTH 70"25'12" I\EST A DISTANCE OF 201.98 FEET: Tl1ENCE SQUTH 2911'23" Wc:ST A DISTANCE OF' 358.94 FEET; THENCE NClRTH 15'48'17' I\EST A DISTANCE OF' 389,17 FEET; 1HENCE NORTH 50·43•32• W.CST /.. DISTANCE OF 418.38 F'EET: THENCE SOUTH 8018'06" l\CiT A OlsrANCE OF 471 .59 FEET: THENCE NORTH 2J'll2'51" I\EST A DISTANCE OF 263.57 f,EtT; THENCE SOUTH an7 45• \IIEST A DISTANCE Of' 191.55 FEIT; lHENCE SOUTH 2518'38" Wc:ST A DISTANCE Of' JOJ.53 FEET: lHENCE SOUTH ~·4g•2s· I\EST A 0IsrANCE OF 1238.80 FEET: lHENCE SOUTH 48'1l2'22" Wc:ST /.. DISTANCE OF 329.04 F'EET: THENCE SOUTH 65'55'53" Wc:ST A OISTAflCE OF 205.10 FEET: THENCE NORTH 6813'45" WEST A DISTANCE OF 172.37 FEET: THENCE NORTH 39'23'43" WEST A DISTANCE OF 264.55 FEET: THENCE NORTH 63'27'08" WEST A DISTANCE OF 200.20 FEET: .----------------------·--------LEGAL DESCRIPTION NO. 1 LEGAL DESCRIPTION (CON'T) Tr!ENC£ ~Orrl 33•42•42• WEST ;.. OISTANC£ OF 121 .31 F'EET: THENCE IIO'iTH or~·oa· \\£ST A OISTANCE Of 124.17 ru"T: THENCE NOllTH W59'49' EAST A DISTANCE Of 130.92 FEET; THENCE NORTH 82"24'38' EAST A DISTANCE OF 169.JB FEET: THENCE "111TH 5y.5•5g• EAST A DISTANCE Of 208.J4 FEET: THENCE NORTH 22i5'52' EAST A OISTANCE Of 132.94 FEET: THENCE SOUTH 84"2B"J6. EAST A DISTANCE Of 17+.JO f"EET: THENCE NOl!lH 45'01'15. EAST A OISTANC( Of 284.82 F'EET: THENCE NORTH 14•4s•1a· EAST A DISTANCE Of 219. 75 FEET: THENCE SOUTH 83'09'45" EAST A DISTANCE Of 281.SJ f"EET; THENCE NOR'!H 63"27"04" EAST A DISTANCE Of 125.12 f"EET: EXHIBIT ·.~· Page~ ni _ THENCE NOR'!H 17°24'15" EAST A DISTANCE Of' 201.J2 f"EE:T TO A PCINT ON SAID HORTH LINE Of' THE NORlHWEST OUARTER or SECTION 22: THENCE SOU'!H 89"26'•2• EAST AL.ONG SAIO NORlH lJNE Of' 1HE NOR1H\\6T QUARTER OF S::CTIOtl 22 A DISTANCE or 254.76 f"EET TO 1HE POINT OF BEGINNING: SAID PARca CONTAINS SJ.59 ACRES, MORE OR U:SS; I. THOWAS 0. STAAB, A SURVEYOR 00 HEREBY CERTlF'Y THAT THE BY ME OR UNDER IIAY DIRECT SU ¼ TiiOMAS D. STAAB, P.LS. 25 FOR ANO CII BEHALF Of C .• , \\_,-;,· /0~7:-<:?5: . . DA TE • • • COUN CI L COMMUNICATI ON Dat e: Agenda It em: Sub ject: October ~o ~0011 q Ci Memorandum n1 UnderslJnding '"th th~ GO\ ernor's Energ\ Omce Penvrma11te Contracting Progr,1m Initia ted By: I Staff Source: Cir. Manager's Omce Mrchael Aaherr.. Oepur, Cir. Manager CO U NCIL G O A L ANO PREVI O U S COUNO L ACTI O N City Council has e,press ed interes t In pursuing en ergy conserva tion programs through the Co\ernor's Energy Oftice (CEO). Earlie r this year th e City Ma nager's Office provided Co unci l with inlorn1a1ion on ·Green City lnitiati, es.· Included in the ,nlcmna tion \\as material on the GEO Performance Contracting Program. Ourrng the Council Study Session on October 13, 2008, staff prese nted a Feasib ility Study for Energy Performanrp Con tracting for the Ci ty 01 Englewood, as prepared by Triden t Energy Se1vices on behalf of the CEO. RECOMMENDED ACTION Stan recommends appro, al 01 a resolution supporting the Memorandum oi llndersranding "ilh the Governor's Energ\ Office Penorn1 ance Contrac ting Program. BACKGROUN D The Gove rn or's Energy Offi ce. th ro ugh Trident En ergy Services, has compl e ted a Feas ibility Study !or Energv Performance Contracting fo r the City of Englewood. The fi ndings of the study estima te a potential reduction m energy use oi 10% on a crt,'I, Ide basis, 11hicl1 ,. ould amount to approximate!, $300,000 per year. The study recommends that the C.1ty pursue perfom1ance co n1rac1ing to achieve comprehensi\ e and timely energy efticiency h·,,prove menl s. The MOU. \\1,ich Is a non-binding agreemen t, ",II pro, Ide the Cir,• "ilh continued access 10 the ser,lces and support of the CEO in dt'\ elopmenl .md unplementalion of Energi• Perf0fm,1nce Contrac11ng wnh one 01 the S1a1e pre-apprO\ ed ESCO contr,,c:tors. ANANCIAL IMPACT Th ere Is no cost lnvol\'ed. LI ST O F ATTACHMENTS Propowd Resolution Memor,mdum m l/nders1Jnd1ng • • • RESOl tmON NO SFRIES OF 100R A RESOLUTIOI\ AUrHORIZJNG A IIIEMORANDU~I OF UNOLRSTA,'1;O1:SG DITITLI 0 "FACII rrY OWNER'S MEMORANDUM OF UNDERSTANDING FOR TIIF GOVERNOR"S ENERGY OFFICE FJ\:l:RGY PERJ'ORMAI\CE CONTRACl ING PROGRAM" llE7WEl:N TIIE COLORADO GOVERNOR "S ENE RGY OFF ICE AND THE CITY OF ENULEWOOD. COLORADO. WHERE.\S. 1he Go,crnor·s En~ Office((iLO) used a slate-apprmed Rcquc;t for Proposals (RFP) procc,s 10 sck-ct Energy Scn·,cc Companies {f:SCO's) 10 prm ,de as -needed cncq~'Y pcrfonn:mce co mracti ng services; and WIIEREAS. GEO '"II mainlam a h:.1 orprc-quahlied ESCO's 1h31 arc chg1blc for final sclccuon by Colorado· s S1a1c and lc,c:al go,·crnmcn1s 10 pro,ide performance contmcung scn•1ccs; and WI IEREAS, the Cnyof Englewood would like access to 1hc smicesand Sllppon pro,ided by the Ent.-rgy Perfomuncc Cootracung (EPC) proicc1s: and WI IEREAS. 111 considemtion for the services rendered by 1hc GEO under 1his agreement 1hc Ci1y shall engage inn good faith cffon to reduce its e nergy consumption 1hrough panicipmion in 1hc GEO EPC Program and follow and generally adhere to i1s guidelines. rules and pro,is10ns: NOW. THEREFORE. BE IT RESOLVED BY TIIE Cln' COUNCIL OF TIIF. CITY OF ENGLEWOOD. COLORADO, THAT: ~ The Memorandum o(Undenianding t:1t1illed "f:N:ihly Owner·s Mcmomndurn or UndC!Slnnding for 1hc Governor's Energy Office EnCt\!y Pcrfom~1ncc Con1mc11ng Progr:m1··. a11nch.-d hcreio as F,lubil A. is hereby acccp 1ed ond appro"cd by 1hc Englewood C,ty Council . ~ The Mayor and Cil)' Clerk are hereby nu1honto-d 10 sign and n11c>1 snid Agm:mcni for nnd on behalf or 1hc C11y of Englewood. Colorado. ADOPTHJ ,\ND APPROVED this 201h day of October, 2008. Al11:ST: James K. Woodward, Mayor L,,ucnshia A. Ellis. C1I) Clerk I, I oucrishia A. Lllis. Ci1y Clerk for lhc C'ity nf Englewoo<l. Colorado, hereby ccnify the ab<n t is a INC ,-opy of R,-soluuon No __ . Scn,-s of 1008 . I oucrishia A F.llis. Chy Clerk • • • FAC ILITY OW ER'S ME:\1OR.\.NDUM OF UNDERSTAJ~DING FOR THE GOVEMOR'S EN"ERGY OFFI CE ENERGY PERFOR.I\IIANCE CONTRACT! 'G PROGRAM THE GOV ERNOR'S ENERGY OFFICE 1 580 Logan Street , Suite 100 De nver, CO 80203 PLEASE SIGN TH RE E t:11 COP IES AND RETURN TO· GOVERNOR'S ENERGY OFFICE ATTN : SEAN MANDEL I 580 LOGAN ST, SUITE 100 DENVER, CO 80201 • X H I a ' T A FACILITY OWNER l\lEMORAN Dt.:M OF UNDE RSTAND J 1G rI I IS MEMORA1'DUM OF L'NDERSl AKDL'<G (MOU) is made tlus _ day of __ __ m 1hc year 2008 between the State of Colorado Governor's Energy Office, hereinafter called GEO, and ._ _______ hereinafter c.11lcd lhc Facility Owner. Wfl EREAS, GEO. 1hrough its Energy Performance Conrracnng Program, l1SCd a suue- approved Request for Proposals (RfP) process to select Energy Service Companies (ESCOs) to provide as-needed energy performance contracung services, and WHEREAS, GEO will ma.mtam a hst of pre-qualified ESCOs !bat arc ehgiole for final selec1ion by Colorado's sme and local governments to pro,•ide performance contracting services. NOW, THEREFORE, 111s agreed that: I. Purpose of MOU. The purpose of this MOU 1s to provide Facility Owner access to the services and support provided under the Colorado Governor's Energy Office Energy • Performance Contraeting Program to assis1 in the development and 1mplementanon of • Energy Performance Cono-acting (EPC) projects and to encourage the Facility Owner to follow and adhere to the guidciincs of the program. ?. Term of MOU. This MOU becomes effective on the date signed by the facihty Owner and shall 1ermmate on June 30 2010. unless the Facility Owner elects to terminate it sooner. 3. Consideration. In cons1dcration for the: sen•ice.~ rendered by the GEO under this MOU, the Facihty Owner shall engage m a good faith effort to reduce its energy consumption through participation in the GEO EPC Program and follow and gcnesally adhere to its gu1dehncs, rules, and provisions. 4. Re,pon,iblliries or Facilitv On ner. 1ne responsibihues of the Facihly Owner include: a Agree to program participauon by etecuuog a Facib1y Owner Memorandum of Understanding and engage 01c GEO EPC Program for assistance in project de\'e)opmcnl b. Select an ESCO from GEO's current pre-qualified hst, usmg a secondary selecuon process that fulfills Facility Owner·s procurcmen1 policn:s. c. Assign members to the facility proJcct tc:un mcluding opcrnt1on~, maintenance, financial and upper management personnel d Ensure appropriate personnel aucnd project dc\'elopment meetings dcpc11den1 upon the subJect mauer to be d1sc:usscd c. Provide access and cscor1 10 bu1ldmgs under reasonable conditions Colorado Governor's Enorgy Office Colorado Enorgy Porformance Contracling Program Faclllty Ownor's MOU Pago 2 • • • • l'ro\'lde miom1a11c-n as necJcJ f<1r the leJs1b1h1y s1uJ). :he Tcchmc.il Lr,crg) Aud it. and other project dcvelopmelll i!Ctl\ 111e, g. Work with ESCO 10 de"elop1rcfinc pr.->J ect parameters h Review/approve ESCO proposals, designs, nnd reports Ensure recommendations of the GEO EPC Program dur111~ reviews arc uddrcsseC: to the extent that such rccom111cndutions nrc reaso11able J· Make payments for ESCO ser ,•ice.~ per Cvntract terms k. Make arrangements for project finuncmg I Provide project managcmc111 m. ProviJe information as needed for measurement and verificauon acuvmes 5. Re~oon5ihilities of GEO EPC Program. The rcspons1blli1:1es oflhc GEO !::PC Program include, but arc not ncccssanly lim11cd 10: a. Actively promote the program and educate potential pamcipant~ about the benefits and implementation of energy performance contracts. b. Work with Facility Owners 10 become program participants and 10 commit 10 a Facility Owner MOU c. He lp Facility Owner procure services of an ESCO from the pre-qualified list d. Provide information on the website for currently pre-quali!icd ESCOs, as provided and updated by the ESCO. providing a link 10 the ESCO's webs11e for more detai led information . e. Help Facility Owner develop lllld initiate a perfonnance contracting project f. Focili1a1e the performance con1111ctmg process, 10 help ensure comm11men1S arc met by both the Facility Owner and the ESCO g. Provide technical guidance to the Fac-ih1y Owner, auendmg on-sue meetings between the Facility Owner and ESCO 1s needed h. Help develop the GEO EPC Program Standard Technical Energy Audu and Energy Performance contracts with facility owner amendments as needed, for each project i. Rc,•icw audits, proposals, calcula1ions, contracts. and measurement and verification reports j . Monitor project implemcmution k. Iden tify solutions 10 mediate any conflicts between Facil ity Owner 1111d ESCO . Colorado Governor's Energy Office Colorado Enorgy Performance Controcllng Program Foclllty Owne, ·s MOU Pogo 3 6. TIIIS ~IOU 1, NOT INT';NDCD TO CRE.o.TE. NOR WILL Tll!S MOU E\'ER BE CONSTRL'ED OR INTERPRETED AS CREATING, A BINDING A:-.'D LE GALLY ENFORCEABLE CONTRACT BETWEEN THE PARTIES. THERE \\'ILL BE NO LEGAL OR EQI.JiTABU:: REMEDIES AVAILABLE TO EITHER PARW IN TIIE EVENT EJTIIEi,. PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU. THE SOLE REMEDY FOR THE FAILURE OF A PARTY TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU WILL BE TERM!NATION OF TIIIS MOU . 7. Signnmrr<, In witness thereof, the paities 10 this MOU, either personal!y or through their duly authorized rcpresen1atives, h~ve executed 1h1s MOU on lhc days and dates set out below, and cert, ry that they have read, understood, and agreed 10 the terms and condnions of this MOU. COLORADO GOVERNOR'S ENERGY OFFICE Thomas Pinnt, Director Date Joel Asracl, Program Manager Dale FACILITY OWNER Gllr)' L. Sears, Cny Ma'lagc1 S1gn,1ture Dale PLEASL SIGN AND DATE TIIREE (3l COl'ff'8 AND RETURN TO GOVERNOR'S ENERGY OFFICE ATTN, SEAN MANDEL 1580 LOGAN ST, SUITE 100 DENVF.R, CO 80203 Colorado Governor's Energy Office Color3do Energy Performance Conltactlng Program Facility Owner's MOU Pago 4 • • • • • CONTACT l1'iFO SHEET Plcnsc complet e t he following form und include with your MOU. This Information is for GEO u5c only nnd will not be shared. Prlmnn• Contact Info Name ____________ __, Tille _____________ ., Phone ____________ ___. Email ____________ ___. Address ___________ __, Priuect Info Type o f faci lities included in your project I. 2. 3. 4. 5. Ha,•e you selected an ESCO? Yes _______ _ (ESCO) No_ Pl ease list an~· immediate needs y o11 have related 10 your performnnce contra cl. Colorado Governor's En orgy Olflco Colorado Energy Porformanco Contracting Program Facility Own er's MOU Page 5 Please list any immediate needs you ba\'e related to your performance con1ract. Colorado Governor's Energy Office Colorado Energy P~rformanca Contracting Program Facility Owner's MOU • • Paga6 • COUNC IL COMMUN ICATION Date: Agenda Item: Subject: October 10. 2008 9c ii L/E vVWTP l\\anure Spreader P11rchase Initiated By: Staff Sou rce: L;E \\'WTP Super\ ISOf)' ComMillt'e Stes,art H. Fonda. U11li11es OirKtor Jim Tallent• Operatrons DI\ ,soon M,inager COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION Counci l apprO\'ed the capita l replacement o( one manure spreader in the ~008 budget RECOMME NDED ACTION The action recommended Is 10 approve, by motion, the purchase of one new manure spreade r nom Kuhn North Ameriu, Inc. in the amount of 569,972.61. • BACKGROUND, ANALYSIS, AND ALTE RNATIVE S IDENTIFIED • The L,ttleton/Engle,'°od W\-VTP beneficial use biosolids program uses a manure spreader 10 appl1 domes tic waslew,ller biosol ids lo farmland. One spreader is scheduled for replacement in 2008. Invitation 10 bid "as sen I out by the City of Englewood purchasing department and one bid was recei\ ed from Kuhn North America. l11e bid uOII is technically acceptable and the brd price "as bel ow 1he amount budgeted. A technical evaluation and purchase recommendation Is attached. FINANCIA L IMPACT 1 he funds for th e llllrchase of 1he manur e spie,rder .11~ con1,1111ed 111 the 2008 budget Purchase prke is under the budgeted amount ror this unu The Cl ties of Englewood .ind Littleton "ill share 1h,, cos t of this e,pendi1ure 50/50. UST OF ATTAC HMENTS Biel Propns,11 T,1bul,11ion Technical E\'aluation Recommendation for Purchase C,1pl1,,I Ou d,1y Request • City of Englewood Bid Tabulation . heel Bid Opening Dale: September 4, :?008 10:00 a.m. ITTM BID: Bid Manure Spr.-ader Vendor IJ<uhn North Ameri~ Inc. i701 Cherry Aw. Greeley, Co 8063 1 970.351.0444 N/R = No Response M~nure preader $66,127.39 • CV type Drive Shafts (2) 3,845.22 Tola.I $69,972.61 • Erceplion : Stt exceptions seciion or bid doc ument. -- I Specifi cation Manufa cturer Model Minimum capac ity fstruckl 62 5 cu ft Ma~lmum height 115 inches High floatation under- carriage and tires, utilizin11 tandem axles PTO speed 1000 RPM Interior coating. capable of withstanding material oH • Excepti ons Warranty Delivery 3 References Total Price • Kuhn Non h America In c. Ku hn Kni2ht 8 150-TR Yes -668 103 Yes Yes No Provided Interior coating Is standard (acceptable) 1 year on unit 7 year rust- thru 45 days fo llowing acceotance Yes !3 1 $69 972.61 Teclmtcal E\ alu.,t1 011 Manure Spreader Bid Sep t1•mher 4, 2008 Vendor • • • MEMORAl'!DUM To: From: Date: Subject: Denn is Sto11 e, Plant Manager Jim Tallen~ Operations Divi,ion Manager October 7, 2008 Purchase Recommendauon for Manure Spreader On August 11, 2008, a request fo r bid was sen t out for purchase of one, manure spreader for the Littleton/Englewood Wastewater Treatment PlanL One ,endor responded 11ith a bid. Submittals were revie" ed and a technical evaluation is completed. One unit, as bid, is technically acceptabie. I recommend purchase of one, Model 8150-TR ProT\\m Slinger Spreader from Kuhn North America Inc. In the amount of $69,972.61. This purchase will be charged to account number 90-1702-6 130 I for th e l /E WWTP. Cc Alicia Stutz, Acting Purchasing Admlnistrat0< Kevin Engels, Accountant • W08 OPERATING CAPITAL OUTtA, REQUEST I Department or Fund . I.IE W\ VTP I Di1ision: 11 -03-14 151 Description of equipment or object e,penditure: Manure spreader Explanation of necessity or benefits of this e,penditure: Used tn apply biosolids to permitted fam1 sites. Repla,ement schedule 6 years due to heavy use. Total costs of placing equipment in full operation: Estimated Costs Unit Cost Total Cost Purchase Price iOOOO 70000 Installation Total 70000 70,000 less Trade-In Tota l Net Cost Annual Operatin2 Cost Total First Year Cost 70,000 70.000 • Is this e'(l)enditure necessary because of increased personnel/ No Recommendation for equipment displaced: Trade or heavy equipment auction Approximate date of purchase: Summer ~008 List and describe similar equipment In department: 2 ea -Knight side discharging manurt spreaders Purchasing Agent's Comments: City M,1nage r's Rel'lew: Approved: __ Not Appr01ed: __ • City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: October 20 , 2008 Continuation of Public Hearing to gather input on Council Bill No. 65, a proposed amendment to the Unified Development Code eatablishlng an exception to minimum lot width and area requi rements for subdivision of properties In all R-1 zone districts. PLEASE PRINT NAME ADDRESS ){//}/! /TIM !> Y: #~"'"'"'~'"' f A~~ Ci ty Council/Community Development k.A THL/4.{IJ I October 11, 2008 /YI!,, {;()l.(}A /1, ~ 1000 Englewood Parkway ~ \ Englewood, CO 80110 To whom It may concern : We are writing to document our concerns regarding Counci l Bill 6S and the proposed amendments to 16-8·4.0 Lot Desi gn and Specf/ico11ons . To begi n, we would like to thank you for the opportunity to express our concerns and for the notice that was given to the Englewood citizens who originally contested the propo~d subdivision of the property at 2919 South Ogden Street (property) on May 14, 2008. Context: The citizens that have signed this letter continue to oppose the possibility of a subdivided lot at 2919 South O~den Street. We believe that such an action will denigrate the neighborhood's character and will have a negative impact on the valu e of our homes . We oppose the Increase In density and the idea of two of the largest homes with front garages on the two smallest lots on the block . We understand the current proposal is a aty wide measure, but we will be di rectly affected by this bill If i t ls passed. We are opposed to the amendment as i t wlil create smaller lots throughout the city. Furthermore, It has come to our attention that legal action has been threatened aga inst the city if they do not grant the subdivision of the property (per City Council minutes. July 21 ", 2008). We believe that such action compromises any decision made by the Council until any such legal action has been settled. Facts: When the property was purchased in 2005 by Colorado Custom Construction, represented by William Curnow, It was a known detail that the property could only be used to build a single family uructure under the Unified Development Code (UOC) as it does not meet the minimum lot width requirement for subdivision Mr. Curnow expressed h,s displeasure to at least one resident of the block, 0 . Chrosllan Mills, that the City of Englewood will not let him build two homes on the property. Mr MIiis responded that a prudent business pe,son would have checked this out before purchase of the property. Several residents on the 2900 block of South Ogden Street called Code Enforcement about th,> status or the property due to weeds that measured In feet. Mr. Curnow was forced to act and proceeded to "brown out• (1 .e poison) the vegetation on the property so no landscape maintenance was needed Construct10n debris from other l)fojects conti nued to be dumped on the property. Residents were surpri sed In the early spring of 2008 when II appears that the property will be subdivided. A call by 0. Christian Mills of 2952 South Ogden Street on March 13, 2008 to Community Deve lopment In Englewood conrnrning this Issue was returned by Audra Kirk lo Mr. MIiis' voice mall on March 14, 2008 (sec auached record,ng) Ma!lng IhaI. yes the proprrty ha s been subdov,ded and two homes will go up on Ihc property In fact, no such decision had been f1nahzcd Englewood Cit11ens concerned aboul Ih1s issue protested Ihe subd,v1s1on al a mee11og on May 14, 2008 w1Ih details abouIIhe make-up of the nclshborhood and 46 slsnaturcs opposing me proposed subdivision of Ihe properly. The Board of Appea ls and AdjusImenIs IBOAA) sided wi th Ihc C1Ilzens of Englewood and Ihe grant 10 subdivide Ihe propeny was overlUrned . On October 7, 2008, Englewood Cllizens I haI spoke al Ihe May 14, 2008 BOAA appeal we re notified that lhe amendment 10 16·8•4.D had been resvrrecled. Mr. Curnow has already been given the opportunity 10 spea k before the Council Clti ,en's Response: We arc not opposed 10 development in our city. We are opposed 10 developmen1 Ihat will negatively impact our home values by reducing large lots 10 small lot.s In light of wha1 is happening 10 the financial system our naI1on's leaders are saying stab1hzatlon or home va l~es are key•~ the recovery of our economy. We are very frustrated that the desi res of an out• of-town developer are being considered above those of 46 Englewood Cillzens thal have already voiced thei r opposition to this type of subd iv ision. We believe our i nIerem are besl served t o have a single family dwelling on I he property and thal we will be ncgaIlvely Impacted both socially an j ?Conomlcal ly If this amendment is passed . Wh ile lhe City Council has now properly given notice 10 the Englewood Citizens. Ihe history detailed above strongly suggests that the fity has predeIermined the outcome of any hearing on Ihis matter. The JOb of Community OevelopmenI, Plann,ng and Zoning and the Council Is not merely 10 provide a fa~ade of "process• lha1 reaches the predestined conclusion, but instead to protect the development ol Englewood as a communhy. We request 1haI any decision reached by Ihe Council be supported by wntten factual conclusions explaining why the council believes this decis,on Is best lor the community as a whole. Clearly, 1he Council's decision on this matter has immediate lmpacl for Enslewood Citizens. Development so lely for the sake of prof1I Is reckless and will cont inue to add to our economic problems. We respectfu lly ask that you consider Ihe ramifications for those Englewood Citizens that l ,ve In the city and own propertv lhere. We ask ~Ou to preserve the character and va lue of our Eng lewood neighborhoods. Please uphold the current UOC code and do not pass Ihls bill. Respectfully subm1t1ed, Englewood Citizens Englewood Cltlzeni opposed to Council Bill 65 Address Signature (~/.,(/1 /J'Lbt,,.v•1n .:l · ' <;, (2 r/4-n 51 --;f"~o'7,A-.., ~..ll~\',11 .11,f ,, ... ,, li52. 5 oc,Jcµ 51 . J~'C.L/Jv 'l1'At.K. 2 R-rtrl<."s 213~ ~ 5<-itJ,-A., ·,,. -1;11J R/4/4 i:E.1"ER... .5.I.u..fuJ &.. -=7-'o=t'--'-"___;_~'-'-.-'-ll.l---=---'------"~.µ'u.i~~ . I s-I Enstewood Citizens opposed to Council Bill 65 Name Address Sl1nature En1lewood Ci ti zens oppo,ed to Council Bill 65 4o ~~LlJ ii\ /~i Address Signature 1~[ "fJ..UL'blt,.1....-i:~~~"d=2· (hlM\5 Enalewood Citizens opposed to Council Bill 65 Name Address Si1nature c,iv or (nglewood c,ry Council/Commun11v Development 1000 Englewood Parkway Englewood, CO 801 ID To whom 11 ma/ concern; j{;(j_ )(tj))/ /T/UJ f> Y: .. 1 kA TI-/U.£/./ October l l, 2008 (n t t;ou;A fv We are wrmng to document our concerns regarding Council 811165 and the proposed amendments to 16·8•4.0 Lor Design and Speclf1cotions. To begin, we would hke to thank you for the opportunity to express our concerns and for the notice that was given lo the Englewood citize ns who originally contested the proposed subd1v1s1on of the property at 2919 South Ogden Street (property) on May J4, 2008 Context: The Citizens that have signed this letter continue lo oppose the poss,bihty of a subd1v1ded lot at 2919 South Ogden Street. We believe thal such an action will denigrate the neighborhood's character and will have a negative impact on the value of our homes We oppose the inaease in density and the idea of two of the largest home s with front garages on the two smallest l ots on the block. We understand the current proposal ,s a city wide measure, but we w,11 be directly affected by this bill 1f it is passed. We are opposed to the amendment as it will create smaller lots throushout the city. Furthermore, It has come to our auenuon that legal action has been threatened against the oty if they do nor gran t the subdivision or the property (per Ci ty Council minutes, July 21 ", 2008), We beheve that such .;ict10n compromises any decision made by the Council until any such legal action has been settled Facts : When the property was purchased in 2005 by Colorado Custom Construction, represented by W1ll1am Curnow, it was a known detail that the property could only be used 10 build a single family structure under the Unified Development Code (UDC) as It does not meet the minimum lot width requirement for subdivision. Mr. Curnow expressed his displeasure 10 al least one resident of the block, 0 . Ch rl st1dn MIiis, thal the City of Engl ewood will not le\ him build two homes on the property. Mr, Mills responded that a prudent business person would have chec~ed this out belore purchase or the property. Several res,de~ts on the 2900 block of South Ogden Street called Code Enrorcemrnt about the status or the property due to weeds that measured ,n feel Mr. Curnow was forced 10 act and proceeded lo "brown out• (1.e. poison) the vegelatlon on the property so no landscape maintenance was needed. Cons1ruc11on debris from other projects continued to be dumped on the p,operry. Residents were surpnsed In the early sp,lng or 2008 when 11 appc,1rs that lhe proJ)(!rty w,11 be subd1v1ded. A call by D. Christian Mills of 2952 South Ocdcn Street on March 13, 2008 to Community Development In Englewood concerning this ,ssue was returned by Audra Kirk to Mr Mills' voice mad on March 14, 2008 (~e auJched 1rcord1ng) statmr, that. ye1 the property tia , been subdivided and two homes w,11 go up on the property In fact, no such deciSton had been f1nal1zed Englewood C11,zen1 concerned about this issue protested the subd,v111on at a me~ung on May 14, 2008 with details about the make•up of the neighborhood and 46 signatures opposinc the proposed subd,vis1on of the property The Board of AppNls and Ad1us1mcn1s (BOAA) s,ded with the Ctt11cn, of Englewood and the grant lo subdivide the property was overturned. On October 7, 2008, Englewood Citizens that spoke at the May 14, 2008 BOAA appeal were noufied that the amendment to 16-8-4.D had been resurrected. Mr. Curnow has already been g,ven the opportunity to speak before the Cound. Citizen's Response: We are not opposed to development m our city We are opp osed to deve lopment that will negauvely Impact our home values l>y reducing large lots to small lots. In light of what 1s happening to the financial system our nation's leaders arc saying stab,lizatlon of home values are key to the recovery of our economy We are very frustrated that th e desires of an out• of•town developer are being considered above those of 46 Englewood Citizens that have already voiced their oppoSttion to this type of subdivision. We believe our Interests are best served to have a single lamily dwelling on the pro;>erty and that we wi ll be negauvely impacted both socially and economically if this amendment is passed. While the City Council has now properly given notice to the Englewood Cltilens, the history demlcd above strongly suggests that the City has predetermined the outcome of any heanng on this matter. The job of Community Development. Planning and Zoning and the Council ls not merely to provide a fa~ade of "process• that reaches the predestined conclus ion, but instead to protect the development of Englewood as a community. We request that any deciSlOn reached by the Council be supported by written factual conclusions explaln,ng why the council believes this decision ,s best for the community as a whole . Clearly, the Council's dects1on 1n this mat\er has Immediat e i mpact lor Englewood Citizens. Development solely for the sake of profit ,s reckless and will continue to add to our economic problems. We resp('ctfully ask that you consider the ramificat ions for those EnRlewood Citizens that live In the city and own property there We ask you to preserve the character and value of our Englewood neighborhoods. Please uphold the current UDC code and do not pass this bill Rcspectlully submitted, Englewood c,uzens Englewood Citizens opposed to Council Bill 65 Name Address Signature Englewood Citizens opposed to Council Bill 65 Name Address Signature ;fo~{.IJ1 lf 1~1 '""" ,,,~ .... 1t ~j:!t kg~~:/: ~.t::~: ,_~tJ J Englewood Ci tizens opposed to Council Bill 65 A ' I~ -"-cc....!.:~~l ~-..4-1--_ ;,.~~~~V~tlt' ---' '-=---· --"--_..:._,, ~ t1 ~:() s. 1=!11 ~ , ~ ~, ~ -~it tif f{)[;, i~ 1t~ ZrtJJ <: ~;~ Jffi . / -"----'>,~ ~,, (~ [9'IB . ~ j f!rAg ~~ t.. Hoi'<Jc. mL......i..,=-.!L:::::..L.L___: .fl , b ~ - !~ r,11 a1u =!£'';({' -~d-n I /,,___ <. r -.____.,.,. 3 c. 4(. Lc:i <---y l _. L k. ~ f'.,, "1 J.!:'1 C,-, ~k J f\A ,11 I ~ o/Jh; J.JS 't J. c, j ~ O{,J) ?,J s;; ()j.it~r.i?~ 0,1Jf/ 1l/_1o s ~-'L..li fR_~I K I GNE:!; _2gJJ_S _:__Oy_0 .Sa,CA ~s.~W\ ClLA.~ _&L_~~ Englewood Citizen, opposed to Council 8111 65 Name Address Signature ~~~---=u-L~~~~~,1, ~ ~V\ lll>l E . ....!....!....!...::;.,:,c::_.;_~e::::.:,__..l....____..!.,.=..:..~_;_,/ ~~=+--t-...,.a.-U:~~~--l --V.-"\-l.c-\---7'=~-_a ?._(;~1¥1'11.l.....~4,11,1.1&'!'-!___;__lj!'.D..J,..,''..l,!!'.l.~ I. (~J JJ1r~ tJe/<on .---2...W:, (,>(J,,.,r{ f',1:i•~ f..D__ , -,,111..lAA c", I ,f;y;._ {.,.,,.,,,, l< l~0,, .-:1:..fl ';t..5.a.iu~ , , , 4-< .. ~" {) ,,,r-ft-1 /r.:Y.-r,; i'Z,.. &_..2~ ,2i~ct s cJM~ ~ ,ut>1cc1 I Ille Ill I '1111i,·J lk,d1•r111,·n1 c-.>Jc \mcnJ111cnt, l',·na111ing 111 KI /one 1>i,1rk1 ,ut-.lh i,i,m I ,,-.,11111111 Io \\ 1111111 II \l,t) ( 'nm:.:m : \I) ,wnw i, < hn,1in.1 I .nmm·nnann. I am• nc,ghl'<>r of on,· uf 1hc pmpcr11c, 1ha1 \\nu Id~ :iff1.•c1cd h) 1hi, pr11[1i•-cJ dmng,: ,uhkcl pR•p,:n) • 2<Jl9 South Ogden . \\'c li1c 111 27 .,o S11111h C lgJ,·n and lit one lime 11\1111.•d 1h1.· prnpcrl) a1 21J2() Snulh Ogden (ne,1 J,~1r lo the ,oulh 11f1h,· ,uhjcc1 parcel). I hah· hccn a Kc:1hor 1,,r 29 )ears in 1hc metro arc:1 und ha,e >11ld _111,1 umlcr u d,ucn h,1111c, "i1hin a 6 hlod raJiu~ of 291 IJ Snulh OgJcn. I lm1 ,. u '"" ,-.,i111, 111 mah· in 1hi, m:iller. I. i\pparcull) 1hc 11\\11crul'2'1l'l purchuscd 1his propcn) \\il h 1hc i111c111 ufspli11i11g tl.c h11 aml huilding '"" sin~lc fomi I) 1111111,·,. I le 111:1<k I his purchase "ilh 1hc curr.:111 :ipplicuhk 11111i11g ht\\, 1m1hihi1ing suc h a :·rlil. I crnrnul 1,uhom. us a llcahor. 1hc 1hu11,;':- ur ci1 hcr huyi11g II prup,·rl) 11ith sud, a g:u11hlc. sel ling a propcrl) for a selle r "ith11u1 di;.clo,ing 1hc csb1ing lcg11l limi1u1 im" or dcvch•pm,·111. ur rcprcscnling u huycr in Ihm l)'Jl<: ufri,~y purchusc. hi, h:1rd lo ~lic,c 1h:1t an i11\cstor/dcvclopcr would hU)' such a parcel 11ilh Im· ~"""kdgc 1hul he "oulJ h:1\c lu 1,,,,~. for a ,ariancc or mncndmcnt lu c,is1i11g 11111inl,! rcgul111i1111,, I 11111 ,urpri,cJ tha1 he i, ,urpriscJ. ~-l1'1he llnilkd lk,cl1•r111cn1 l 'uJe ,111J l'ompr.:h,·n,i,e Plan ha, l,!11als:1nd ohjccti,esuf imprm ing the ('it)·, hm1,in!! ,1,1<:l. I 411,·,1ion 1lw pmposcd hccrtion. ullo\\ing the 5°0 "mi nor" m11Jiticu1111n, to currmt ,1.11111,irJ,. a, fomardin!! said goal, anJ ohjccti,e,. pan,cul:irl~ in 1he ca,..., \\hc•rc prJgc, \\ould n,,,,d t11 he rlaccd in from ol'thc home. ('urr.:111 rc:il c,tu1c 111,1rl,·1 1,. ;1,I, un,I mml) rlanning g,1:1b all 1!\er uur mctr11 urea un: trcnJing c,actl) the "Pfli"''•· 11a~. I hght.mJ, K:rnch st~ le Ii, ing. 11 lwrc th.: g:iruge i, the lirst :111J fon:11111,1 rrc-..·111.,ti,1111tf :1 lk>nl\' ha, rnmpk·1d) 1:illcn uut 11f Iii\ ur. ',ucec-.slitl urlx111 pl.mning in rlace, h~c I "'' ri. ~1.1plctun. the 11IJ I li1chc, ,ite. mid 11111.' 111' the· main thru,is ,,fl>cn,er", ()uic~ \\'iii-I 1111 include front [li•rche, and frunt .1rcJ, or home, 1lwt 1m 11c 11c1ghl'<1rline,, :111<1 c,111111111111,·a1i1111 Vui<'~ \\ in, gh cs lll•nu, ....;uaw 1,11,t Jtl1111:111c,·, li•r 01"-'11 lh•nt r11•n:h .,rca,. I ~lkH·. Ilic idea 11:i., h• get :Illa) from 1hc ,uhum:m ,·uldnc" ,111J 1'111,1111111 1l~11 ,·,1111c lrum foll, Jri, ing into th..-ir i:,1ruiic,. g11ing ,1migh1 111111 thdr h11111e, .• 111J ha, ing , 1.'I') liule ru111.1c1 "ith their neigh1'<1rs. I h:l\c ,-old 111111-c, li11 '"""""' Ill ,uch g,,r:ig.: first ,lrC,h 1h:1111cr,· 11,·,·ing 1ha1 s.:11,e ,,r 11111 lllll\\ing th,.-ir 111.•,1 t.l1x1r n~1ghhnr-,, 1hat l'nl,l11i:~, Our m.·ighht1rht1llJ. 111 gn:at 11 ri:m. \\Ondi:rful ~,uuni,t. lw, \1.•r,. \ 1,."I ~ r~\\ h,,01,::i-\\ ilh g:tn1µi:, up fn,nt. I hcri: i~ U lin\. ,1,•n~· ,,r lklrrhc,. chu1i-11ut fr11111. , i,itint,? hac~ und forth . I thi n~ ii is a hig mi,tal, tu ulllm thc,c c~,·cp1i1111s 11lll•rc th,·re i, 111, ullc·) li•r garage, 111 he placed in 1he rear. t·uur I thal 11111 ~ an c,c,·p1i1111 tu the e,ccp1i,111'.' 1,11111·11hinl lhat ncigh1'<1r, r.:alh ,1 hicc111111,,• ~", mlju~IIH\.'111 rroro~al. ti\ '"".l! "' 1/1,• hu,h /la,·or 11/ tltc m•(i:,hh111 '1/'t'\('/Ti ,, l I ha,,· ,.,Id 11111rc than 111:111i r,·111 est:11e ,1ge111, in 1hi, ar,·a. "" ,u 1ha11hc lrng,· pnll ,,1 ""r llng,1<1,.,11-hlc 11c1ghl>orlk><1tl i, the lwl ul co111;1ri -111 -thc-.it). hmering tree,. hig ),mt,. ,aiJ fr,1111 r-•rch,·, :111d t'ri,•nJ I) appru.,che, '" 11111,w,. und J,111 dC11 ~il). i\lk111i11 g fo r larg,·, l11•me s. frnnteJ h) fot garage,. 1111 ,,n.,lkr 1'1h i, nnl in the hc,t intcre,1, ur uur Jrea I h-·rc ,, ., l"",J <lcal ,,r JJ,ling on .• 111J -...·raping un.1 l>uilJing 111 nc" home, 111 ,,ur 1mmc<li:11c area 01111•11 full ,i1c·,I lu1,. and "ith garage, in 1h, hac l , /\, for as I am ;111:irc. 1111 pr.11c,1, h111c h,·e11 rnmk ,1h11111 '"') ufthe 11,·11 huilJ, and ,i J d-1111, in the areu. "ilh the exception 111' ~IJ l<J South Ogden . 4. I here i~ a unca,) li:cling ,,l'lacl 11ftr.msr-m:nc) in 1hi, m.iucr 11f2'll•l South Ogden . When 111) husl:,and 1111d I did an mldi1111n. all"l-cting onl) one c11ntigu11u, ncighhor. 11c had 111 g11 tlm•ugh 1hc cnlirc pro,:e» ur pulling 11111 a huge \\t1odcn 1101icc sign fo r several "eels 10 allo" our ncighhur, 1,, umkrs1and \\hat"" 11crc doing. and gi1c them ampk timc 10 register prntc,t,. or come 111 the puhlil; hearing"" had to ha,c. I here has ~n a d,-anh ol 1.-ommunicuuon "'g.irdin11 1!1i, pn,pos.-d Jc, dopmcnt. ar.J cenoinl) no sign, or notices. I heard thnt 1lwrc 11u,, some ··1crhal .. upprmal or this jc,clopcr's plans fo r 1wo home,. rhm just Jocsn • 1 sound right. I ustdul inlill build ing. \\ilh g:1mgcs 10111<: rc:1r. u, llw; arc in the ,~1 mujoril) of our nci11-hborhood is 11ekomc. \\hen in h-cpin)! \\ith the scale and friend!) fed of the place. Please don·t sacrifice our ,mall 1m1 n. cuunll") •in-cit). ndghl:,i.1rl). no 1-car-lirs1 for one disgruntled builder. If )UU must pu,s th is a111c11dmcnl/cxecp1i1111 !hr whul yo u fee l is the greater l!ood for our Cit). plc:1sc put Jl<~lplc lir.1 und gamgcs and machines in hack . II 11ould he :111 unfonunalc path to incn'asc dcn,il). Mcrilil). und isolation. Let"s keep our neighborhood \\am1 and frkndl) ! '1 Christi nu Lummcma1nn /; /. • / • , Ne ighbor (I\ Jul Ct, rJ Orolcr Associate. l'anncr l (icrTCl,-on Rc•Jit). Inc. '--/ / 0 Il l 11\.('. l \ \I l/, J \ •I'\_.., / Quulilicmiuns: 211 )cars as u Realtor i11 g,,,,J s111nding. the mujorit) of 11hich camini; m e I lcm er Oo:ml of Realtors Ruu11d1ahk of heel knee A 11urd lor c,1r.iorJinal} Jehie1cment in Ilk! wiling listing and leasing of real propcn). Expcn 11i1ncss in real c-,tale ,oning mailers in l·nglc1\11t1tl l111c,111r11ml lncumc l'wpcn) ll\\llCr I, Loucnsh1a A Ellis, City Clerk, for the Cir, or EnglewOOd, do •ofemnly swear that the attached legal notice (NoUce of ContinuallOn or Public Hearing \11111\\IICll l'I III IC \l111' • "1"11 11, ..... 1 ~· -.. ___ ,_, ...... , 10120/2008 I •1 ..• , SAIW liKllAAS NOINIYP\alC tTAll CfOCIL~ -···--··•"''"• .. -····· I-... -··---·· ._,_ ...... ,,,. .... ... .,. ____ ., l~tiEi; -.......... .. __ .... __ , .. , ..... r .. ·•·•••·'•"''' §ii.>~~ i!..-7"'_ • ...,.. ..... ·-····--._ .. ,._ ..... _ ·-·--·-~-I ;.,:=:.~':'.'::· - Page 2 of2 • • • C ~, T ) 0 r E G L E \; 0 0 C 0 ,\\ u ,, I T , D E \' E L O P T 1-.. 0 tobrr i , !008 pedal 'olice of Continued Public H earing 011 Monday, October 6, ~008, C11y Council opened a Public Hrw111g 10 cons id er proposed amendments to 16 -8•4,0 Lol D sign and Srecuk.uion; o f the [nglc>woocl Municipal Cod , The amencl111 nts ~llow the sub di, ision of property in R I ·A, R-1 ·B Jnd R-1,C zone dis trrc ts provlcl d the width of each ne\\ll' created parcel is not red uced b1• 111ore th,1 11 fi\'C p rCL'lll (S~o) of the zone di str ic t's 111im111w11 lot 1,iclth or lo t area rc>1uiremen ts. Col111cil con t111u ed the Public H ear111g Jncl direc t d Commu111ty )cvclopmcnt DrpJ rlrn en t to 11011ly all pe rsons who spnke at the 111.i 14 , 2008 , Bo.ird of Ad1u>1me111 and Appeals Public Hearrng tor Case ",AR~008-001, J ll appeal of the subd1vi~i ,11 o proper!\ loca ted at 29 19 South Ogden Street. Th co11 1111ued Public H .irmg proddes Jn opporluni l \ for anyone i11tt'1l'sted 111 thl' pro1>osed ,1111 ndm ·nt to address Council The public he,mng 1s scheduled ror October 20, 2008 7:3 0 pm Cit Council Chambers (2°" Flo or) 1000 Englewood Park\ a A cop ot Council Bill o. Ci3 1s ,l\ail.,bll' on the C:11 ·s 11 b~11e at englL', ,odgo, org und r l11~1dl' C11\ Hall" .incl tlwn clicl. on Le[lal Pubhc r-:c,11re, Ir ,ou h.1,, ,1111 que 11011 reg.ird111g the conunu J 1,ubl,c he,mng please call TncJJ Langon. 111or Pl,111nrr 301-76~-~348 D 1000 fngtr"ood P,uk"ay fngl ewood Colo rad o 601 10 PHONE 303-762-2342 FAX 30J-763,6695 v.. W" ~nal~oodgov Of& • PROO F OF PUBLIC ATI ON City of Englewood , Colorado Official Website www.englewoodgov.org I, Loucrlshia A. Ellis , City Clerk, for the City of Englewood, do solemnly swear that the attached legal notice (Not ice of Continu ation o' Public Hearing • Council Bill No. 65) was published on the Official City of Englewood Website from October 8, 2008 • through October 19, 2008. • State of Colorado County of Arapahoe ss Subscribed and sworn to before me on this 20111 day of October , 2008. My Commission Expires: J / · o1,0 J 0 SEAL kL .. R kL,,b Notary Public • CITY OF ENGLEWOOD NOTICE OF CONTINUATION OF PUBLIC HEARING October 20 , 2008 at 7:30 p .m. Notice ls hereby given that the City Council of the City of Englewood, Colorado, has scheduled a Continuation of a Publlc Hearing, at a Regular Ci ty Council Meetlng on OCTOBER 20, 2008, at 7:30 p.m. in tho City Council Chambers of Englewood Civic Center, 1000 Englewood Parkway, to gather input o n AN ORDINANCE AMENDING TITLE 16, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUN;ClPAL CODE 2000, ESTABLISHING AN EXCEPTION TO THE MINIMUM LOT WIDTH AND AREA REQUlREMENl'S FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS. (Council Bill No. 65) All Interested partles may exp111ss opinions in person at the Publlc Hearing or in wrltlng to be received by the City Clerk by 6 :00 p.m. on October 20, 2008 . Anyone wishing to spoak at the Public Hearing may call the City Clerk's Office, 303 .762.2405 or 303.762.2407 to schedule their p111sentation or a sign-up sheet will be available at the door. By order of the Englewood City Council. Loucrishia A. Ellis, MMC City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 PUBLISHED: October 8, 2008 Offlcl1f Website of the City of Englewood, Colorado • • • ORlll:-1 \M r :,.o ~I RII 'WI ~l~I\ BY AUTHORITY COU:-:C'IL BILL NO 65 INTRO!>UCED 8\' COL"ll:C'II MEMR," ____ _ A BILL FOR i\N tlRl>IN,\Nt'I, AM rNDl'sG IITLE 16. CHAPTER S. SECTIO,, ,. OF THE l·NGI E\\'001) MUl\lCIP \I l \!Of· ~000. ESTABLISHING AN EXCEPTION TO TUE \11\IMUM I or \\'ID'I II AND AREA Rl;..UIRb\lENT~ FOR SUBDIVISION OF PROPFRIII , I\ Al I R-l /0:-..1: DJSfRICTS. \\ I ll'Rl·AS, 1hc L;n~lc" ooJ Plnnning ond Zoning Cununission recommended forn nrdmi; 1hc pn>JKhed nmcndmcnl< m l'ny t'1>unc1I; nnd \\'111:Rl :AS. I he l,n~lc11nod Un11icu Development Code dis1inguishes bc1wecn 1hc 1hrce R-1 di,1ric1s by rclnll\'c h~ ,1,c, and WIii ,tEAS. 111 1()04 1hc l'nglcwood Unified Development Code prohibited 1•nria ncc upr licmions for cllhcr 101 wid 1h or IOI nren, 1h c proh ibi tion was inte nded 10 prevent 1he crenllon or smnlkr loi) 1lm11 wnc dlstritl s1omlards would allow, especially in mulli-unit dis1ric1s; nnd \\'l II· RJ;,\S, the C1•111111u111I) De, cl11p111c,11 ,1arr reviewed 1he issue nnd n01ed 1l1n1 nppmxunmcl)' I.I', of nil cx1s1111g R-1 p11,pct11cs do no1 01cc1 zouc districl dimensional rcquircm,111<; nnd \\'lll·Rl:AS. allo11in11111111,,r mod11ica11on 10 101 wid1h and 101 nrca smndards suppons 1hc l'omprchc1N1c l'l,1111'113!; and ,,hJcrll,c> b) 1mpro,ing 1hc Ci1y's housing s1ocl; nnd \\'Ill RF.i\S, 11t,, mncndmcni \11111ld nllow <ubdl\1s1on ofan R-1 P3rccl 1f1hc rcsuhing p:,rccls ' ,11d1h, or orca, \\ere 11,,1 nl"rc 11~11, ~•• ,mailer 1han 1he 1.011c dislrict s1oildard: and \\'Ill RI AS. 1he cu-q,t,on prttluhn s :ldJUSUncnls or ,ananccs 10 side se1b;icks and m:11n1a111s lhc m111111111m ,,Jc -.:tb.,ch h<1\I ccn ,1nH:1urcs. lk' man er 1hc "1d1h or area of the p.,rccls: NOW, 1111 Rll OR I·. Ill 11 llltll\lNI U II\' 11mcrrv COUNCI L OFTIIH'll Y or l-NGI I! \\'000. l'OI ORAL>O. \S IOI I 0\\ S ~. I he CU) l '1,un,11 of 1hc l'II~ ul l·111Jlr\\l><>d. Colorado hereby au1hori7.(S a111cnd1n~ l'i1lc 16, rlupl<I 8. Sc-.1, .. 11 4. 1•f1hc I 11gk11 1k ~I ~lumcip.11 Code }00010 read as follo\\s: 1<>-k-~: Suhdh hlon Jlr,l~n u,d ll11 11roumrnt,. :\, ApJ>lk11/11/11v. Lh,tc,, 01hm11>C c~prc;,ly ,rn1cd 111 a \'Ohd appro,·,-d Development A~rccmcnl ,,, n1111c1:111on •~rccmcm, 1hc prm "'""-' of 1l11s Scc1ion sha ll apply 10 nil ~uhdi visions . ll Io,,,,,, ,111,/ '" \IL'II '" ,r, ,,u,, \,, ,uh II\J-.11111 .. 11.,11 h"' ,1rrwH.'ll u11l1.·, .. 11 (11111phc"" \\ 1th .,11 ,,1 1h1.• h1ll,1\\ 111~ ,1,11kl,11,l, ,111,d t.llh."11,1 t. ~,,mph,u"-t.' \\ 11l11h\' l 11, ,,1 I llf!h-'''"iJ l'l.11h I h1.· lk"'1J:n ,,1 ,utx11 , hH'l\\ ,I\JII he t:011,1,tcnl \\ uh 1hr ( 'I\ ul I n~l\."'''"tJ l l 1lllf'h.-h(.1\,1H" 1•1.,n ,Ubl .,II ,,1h'--r aJ,,r1t.-d pl.uh ,mJ J'•h,11.·, uuk,, 1.ehc1,,1-.c ,1pp,,.,,1.,J h, 1hc l II~ ~ c,,mrh,ll"h.C ,, 11h ->1111.·f l'h•\ htt'II' ,,, tin, I Ille \11 ,uhJ,, l'lll\11'1 ,h,111 \.·,•mrl~ \\ 1th Jll ,,1hcr .,,,,,th.,lhk /111\UI~ 111.',ll,ltl .. 11w.l ,t..-,1.·l11rm,·1111ci:ul.,111•1h -.ct hint~ Ill 1h,, I Ille. 111,;luJ111µ J.u11~•1 l111111c,l h• a n,c 1,·,1u11c11,c11i-,ti Ilk',,,,,,."' -lfl,I 11' \I 111,h ,1,., Pfl'J'"fl~ ,, k,.Ji.-J (Sc-c l h,ttllet lb-.11 ~ll'. "/,111c Oh1n<1,l. h. n,c IC~UIMI\Cllh rclc,.1111 ht ,pc-.,fic u,c, tSt-c l"h.,pi.·r 11•-~ L~ll'. "l',., Rcµuln11,,11, "). nnd c. Gc11cr.1lly apphcoblc dcvcl1•pnw111 sronclarcls 1Scc Chaprcr 16-6 E~IC. "Ocvclnpmcnl Srnndnrds"), including Scc1io11 16-6-3 EMC. "S1rcc1s ond Vchklc Access and Circulaiion". 3. Plans for Rcnmmdcr Pnrccls . Where an cnlirc parcel under 1hc opphcal\l's cumrol or ownership is nm subd1vi,k-d, 1he npplicanr sha ll sub111i1 plnns for 1hc rcmnmdcr Clf1hc parcel. 111clucling major ro;id connec1ions and illlcndcd Ju nd uses. C. Rt11/m11d R/g/11.1,11/-W(I_\' \\'h~rc ~ SYl>dlYision is adjacent IP or adJOlllS D rn1lmad ri,thl·Uf· \\OY, pro,1sion of sp:.ce for ~radc scparmions. buffer s1nps and 01hcr pro1ec11,c lr<'llmc111 shall be made 10 1hc cx1c111 and 1ypc as shall be <lctcnmn<!d hy 1hc C11) Mnn.t~cr or dcSt!,!llCC 111 coord11m11on "uh lhc r.11lroad I) Lot J>.•.,,~1111111/ Spnl/1«1111m, I. lhc n11nimu111 d1mc1,s11,n~ 11f101, ,1.,11 he 111 accwJJ1wc "11h t'l•1p1cr IM1 HIC, "De, clopmcnl S1a11d.1rd, • Ul M11Jtcab1hu:., 11~.&l Subd1\f<~ffi'1121l..'hall arJ•I> tQ Pl\•~ru~n R;.l-;;).Jhl.:Jl mid.R.:.IS mm; dJs\oill.AAlY, The Sul!d111swn l;.~c~ia.l'.killlJ>hcdJl!..lhc muumum lot ,,1~1lt t'f rllllllUlumlot nrcad1mens1on..-,ctfonh III Tnble l6-(;•1 .I S~mnml) t>r D1nw.1s1onal RC1111!rofillllUWJ!lil1cjp_fil.S1™-c111rc,., (2) )1111ia11~'ll, • .1\n !lJlJ1.hca11,>n li.>r R: L.Siiwfu.J~~cru1,n Jll(I)' he 1n111mcd \•) 1h01'c_i1anies 1dcn11fid m S('ttion 16-~·J(/\) l:Mt'. 1.I.) )'IQJ1cc: The <:.'ilY~~!!ir.l;.ll!i!1Jlllli~ of r~~u1r1-d.Jl.lllllil:..lmmn1: L!!:J:i.1:tu l1x prQ1Xc1tY.JIJl.ilin~ml\lJ)Jll!lic~1ion in accordanc~ wi1h Scction~LQ)J;hK, • • • • • • 'l'OUD1,,n111 "•111,>.0.. J lw Cv1J1m1>.aciuh31[ cclJ.Whc..B.-l Subd11.1>wn ~a1111hclllWILill<f thu,'l:~dati~'lll'(Cltr ~t.ul ruid shall hold a nuhhc hcarinUJUhe ap.l'Jicati"ll, ($j Cr.i.LwQJn s;onsidmru! an ~uon t.:&£~1~ !:.sl.olmlssi~•~-lll'Jlrnl < • proposed ~ophca1j,,g if ii finds that lbLJubd11 !'!PP m,;ru,ihe ~ Lfil ii. All parcels rcsu1ti11i:lilllllJll1 B· I Sub<J11is,on EmpllWUlwJ 1101 be n:dllmt,brnorc!h•o fiye p~rccm w .1 of 1hqonc distrjct's minimum 19\ width rrouir,~mcn~ b. All e?rcels resuluow frpm an s~ I Subdw1s100 E,smuop sb?U potbc retuced bx nNrs than fi yc omcnt rs~,\ oftb£ ams distric1·1 minimum lot AC£3 reg~ " Th, resulting subdiYision wilt not ha\'t a sisnificnntncsotiYe UURAGI on rhos nmoertiS§ SumlYPdinP ths subdl\'ided PffloertY and lhPI lhc qc;nml PUblic health, Hfc;w ppd wslfors pf lhC communitv 3cc; nmt«tcd. 01her RcstrictiQm. ~-l:l.0 yprippces shall ht pcnnined 1° any PAO 0[ iH➔<PXIMo> b. The resulting oartcls sh1II not be somidrud sm?U lntN-u dcfm;d and shall be dcYclopedµsilll! lhc zone district·,, m1e·unil Wlliruulimensionol rmuirements. ~ No adiYSlm£DI$ or XAciPPSes to PriDCIPe11 SlD1£1WS $Ide $Clbacks 1hall be oernuucd PP oorcsls s@sd through an R·I Subdivision ~ {'l.l Post Aooroxal APolicotion for Subdivision Anoroval A Minor Subdbision aooHcation ond olnt for Pmocnv OPPIPYcd tbroush an R;l Subcli\iSiPP Exceotioo shall be subruiuq;i lO lhc CllY wj1hm PPS hundred tjgh1y 11 sm dm of 1bs Cogurussiop · 5 fin.ii dccisiop. final \imsion shlln wsan.Comnussion app!U\'.lllo[ Findings of fact, lB.l ~\QP.l'•h of1htl'.01mnission decjsiQn.efan B·i Sub<liyision lacentioP PPPlieUiPP shall he P\.1dC 10 the <:~uou:;a_~~- WO.J:MC. !EDITORS NOTE: T he r emainder of 16-8-4(0 ) co ntains no changts 1 0d is thcrt fo rc not Included hr rcJ Section 2. S3(cty Cl3USCS. The City Council hereby finds, dclenrnncs. and declares tlial this Ordtnancc 1s promulgated under the general police power or the: C11y or Englewood, that 11 1s promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the prcszrvntion ofheahh and ;ofe1y and for the protection ofpuhlic convenience nnd ,q:lt.m: I he t·n) l \'tmcil fun her Jc1crnm1c., tltlt thl' 1 Jrdmam:e ~.u·, a r.tll\11\31 rdllll<lll I\• th4: rn>r<r i,1'"'·"" C '"'Jc'CI .. ,u~h• 10 he ,m,ain,-d ~ lli.!.!!!!:?!IJU. If any c'.,usc. ,cmence. p:,ragraph. or pan of 1h1 Jmancc ,,r 1hc ;,pph<nll<'n 1hcn'\lf 10 ony I'<'™'" or c1-.:un~-Jncc< shall for an) r,aS(I<) bc adJud~ed hy a coun ,,f «»np<.1e111Juri"11c11,1n m,ahJ. suchJ11tlb•nen1 .h:lll 1x•1 alTe,:1. 111,p.,ir<>: "" J.11c 1hc rcn~undcr "' 1h1, OrJ1n.111<:c <'r 115 •rphcalK~I ,,, Olh,-r "'"'°"" ,,r ClrCWlhlJllCC, Sww•n ~ incnn.,1<1cn1 Onhna1i,;cs. All other Ordm:mces or ponions 1'1c--n.'llf ,ncuns1Stcn1 or con01c11ng "11h 1lus OrJ1n.1ncc or ::iny pomon here.if arc hereby re;,eale<I 1n 11,c ,,.1en1 of ~uch 11ic1>n<1,tcn.:) "'ct>nOic1 ~ l;[e<:1 o( rcoe,11 or n'IOdjfica11on. The repeal or mod1fica11on of nn) pro,is1011 of the Code of the Cit)' of Fnslc"ood by this Ordinance shall nc1 release. e."ingui,h. niter. moo1fy. "'change m \\ hole or m p~n nny penally. forfeiture. or liability, either ci,il or criminnl. "hich shnll have he-en incurred under such pro\'ision. and each provision shall be 1rca1cd and held ns ,1111 mm111111s III force for the purposes of sus1ami11g any and all proper actions. suits. proce,,hn~s. nnd prosecutions for Lhc cnforccn1c111 of1hc penally, forfeitu re. or liability. as "ell ns for 1hc purpose of susmi11111g nny judb,nc111. decree. or order which can or may be rendered, cmc1cd. ,n nwde in such act ions. suits, proceedings. or prosecutions. ~ ~ 'Die Pcnnh y Provision of Section 1-4-1 EMC shall apply 10 cnch nnd c1 cry violat ion of this Ordinance. hu rtiduc,'tl, rcnJ 111 fu ll. amended nod passed on first rr"<li ng on the 15 th of Sl'JllCmbcr. 2008 . l'ubli;hcd ns n 11111 for an Ordi1tnncc 011 the City's official website bcgimung on the 17'' day or Scp1cmb«, !OOS. for 1hiny (30) days. \I I I S r-fames K. \\'ood,.aro. Mo)or I I ,,..,n,tua \ I lh,. CII) Clm. (\f the CII) of Englewood. Colorado. hcrd•y ·.:n1fy 1h.11 lhc ,11-.\\c nnd h•1rg1•111j! ,, a true mp) of a 8111 for an Ordmancc. introduced, read III full. and pa,.._-d on lihl 1,•.111111~"" 11,., IS1h Jay ofS<-111cmhcr. !(IOS I oucn,hia A. Ellis • • • • COUNCIL COMMUNICATION Dale: Agenda Item: Subject : Oclober 20, 2008 11 a i Bill For A,1 Ordir1an ce Establishing 11,e ~008 Mi ll Levy Collected in 2009 Initiat ed By: Oepar1men1 oi FinarKe and Adminis1ra1 i•,e Ser. i(es I Staff Sour ce: Frank Gl')glewicz, Director COUNCIL GOAL ANO PKEVIOUS COUNC IL ACTION City Council held a Goals Wo rksho p on January 28, 2008 and discussed goals al lhe Juni, 2, 2008 and July 28 , 2008 study sessions. On Augus l 18, Cily staff presen ted a 2009 Budge t upda le to Co unci l, and proposed Cap it al lmproveme nl s Projec ts for 2009 were presented on Augus t 25, 2008. City Counc il received a 2009 Prcposed Budge t on Seplember 5, 2008. A public hea ring regarding the proposed 2009 Bud ge t wa, he ld on Sep tember 15, 2008. The opera ting bu dge ts an d Muhiple Year Capi lal Plan fo r all City de part men1s and funds was reviewed at a budge t re lreal held on Sep tember 20, 2008. Counci l finalized bu dget discussions at 1he study ~ession hel d on Se~tember 29, 2008. • RECOMMENDED ACTION • Staff recommends Co uncil app rove 1l1is bill for an ,;rdi nance estab lish ing lhe 2008 mill levy to be coll ecled in 2009. BACKGROUND, A ALYSIS, ANO ALTERNATIVES IDENTIFIED TI1e City of Englewood assesses properly tax for lhe general operalions of 1he g0vernmen 1 and for 1he General Obligation Bond Debi Service <u 11d. TABOR res1rlc ts the Cil)I :om raising the mill levy wil hou l a vole of 1he cilizens. This yea r's Ge neral Fund mill levy is uncl r,mged frorn 2007 (5.880 mills ). The 2008 levy is cerlified 10 Arapahoe County b Decemlm 15, 2008 for co ll eclion in 200 . FINANCIAL IMPACT Based on the assessed valua 1ion for 1he Cit) of Eng lewood dS cerl ified by 1he Arap,1hoe Co unty Assessor, 1he estirna1ed nel assessed va lue of all p ropert ies in Englewood for 2008 is $510,609,610 compared to $5 11,624,330 for 2007 . The 2008 mil l for General Fund opera lions is 5.880 mill and 1.947 mills for General Obl igal ion Bond Debi Ser.•ice Fund . The Io ta! mill levy is 7.827 for 2008 collecled In 2009. The to lal amoun l budgeled o r 1he Ger.eral Fund Is $2 ,952,000 lnel of uncollectib les, aba temenls, etc.). The amoun l budgeled for lhe Genera l Ob ligalion Bonds Deb t Service Fund i $990,000 (nel of uncollec lib les, aba temen ls, elc.) . A homeo" ner "11h ,, S~00.000 home ,n Engle\, ood "oold p.t1 1he 10110\, mg 10 1he Cil\ or Engle" ood: Market \'aluP Assessmen t Ra tio Assessed Value General Operahons Mill Le-y Taxe s Paid for General fund Operations Market Value Assessmen t Ra tio Assessed Value General Obl1ga11on Bond Debi Se" •ce Fund Mdl Lew Taxes Paid for General Obligation Bond s Market Value Assessmenl Ratio Assessed Value Total Mill Levy Total Taxes Paid to City of Englewood LIST OF ATTACHME NTS Proposed Bill for an Ordinance S100.000 i.96% S 15,920 5.880 S93.61 SW0.000 7.9M• S 15,920 1 947 S31.00 S200,000 7.96% S15,920 7.817 $12.J.61 • • • • • • ORDIS,\.WE NO. SFRIES OF 2008 BY \l' 1110 1(11 Y COUNCIL BILL NO. 57 INTRODUCED BY COV:-:CIL ~IEMllER A BILL FOR AN OROINru'-CE FIXIXG TIIE TA.X LEVY IN MILLS UPON EACII DOLLAR OF TIIE ASSESSED VALUATION OF ALL TAXABLE PROPERTY wm IIN THE CITY OF ENGLEWOOD. COLORADO. WIIEREAS. it is the duly of1he Cny Council o l'the Ci 1y or Englcll'ood, Colorndo. under 1hc En~lcwood Home Ruic Chancr and Colorado Rcl'iscd Statutes. to make 1hc annual propcny lc,y for Ci1y pulJ)Oscs: and \\'HEREAS. the CH} Council has dul}' coru.1dcrl!d the csumatcd ,-aluauon of all the ta,co~le propeny within the City and the needs of the Cny nnd of each of said levies and has detmmncd that the levies as heretnaflcr sci fonh. are proper and wise: and WI IEREAS. the follow inK levies are penn iued under Art icle X, Section 20 of th e Colorndo Cons1itution without a \'Ole by the citizens: NOW. fHEREfORI:.. Ill! fl OR 1' ''IED BY ntl: CITY COUNCIi Ol'THE CITY OF 1,'NGLl·\\'OOD. COLOR,\D0. AS, _ows ~-Thal 1hcre be nnd hereby is levied for the ycnr of 2008, due nnd payable ns required by s1n1u1e in the yc.ir 2009, a tax \lf 5.880 mills 011 the dollar for the Gcncml Fu nd of the Cily of Englc1l'ood, Colorndo, and I 947 mills on the dollar for the General Obligation Bond Debi Scr\'1ce rund of the Cny of Enl_!IC\\ood. Colorado. Thal the tc,'Y hcrcinnbo1c s et fonh shall be le, ,cd upon c.,ch dollar or the assessed ,-alunt,on or nll 1oxablc propcny with,n the COIJ>Orate limit, or1hc Cny orEnglc11ood. C'olomdo. and the said lel')' sh.ill be ccnified by lnw . Introduced. read in roll, nnd passed on liN rend mg on 1he 201h d 111' <>ctobcr. 2008. l'uhh,hcd as a Bill for an OrJ111ancc 111 the Cny·, official m,,1,pafX-r '"' the 24'" da~ orOch>hcr. 2()08 Puhhshcd ns a Dill for un Ordinance on the City', ,,11icinl weh,nc hcginning cm the 22nd day nf Ocioher.1(KJS for 1hiny (.111) dnys . . , rn:s 1. Loucmhin A. Ellis. Cny C'lcrk-· -- I. Lu ucri1h1a A. Elhs. C'ny Clerk of 1he C'II)' of Englc\\n(XI, t'olomdo, hcrch)' ccnif)' 1lm1 1he obo, e and foregoing is a lruc c"PY of a Bill for an Ordinnncc, 1111roduc<~I. read in fu ll , nnd passed on liN rcoding on 1hc 201h dai ,,f Ociober. 2008 Loucri,hin A Hlis • • • • • • CO UNCIL CO MMUNICATION Dale: Agenda l l e m: Subject: Ot1ober :!O, ~008 11 a 11 A Bill for an Ordinanc~ A111e nd111g Section lb-6-13 E 01 the Umiied De,elopmenl Code Perta1111ng 10 A.1gs Initia ted By: Staff Sou rce: Communitv De, elopment Depar1men1 .. .:a n While, Co rnmur111y Deve lop111 en1 Dlrec 1or COUNCIL C OAL AND PREVIOUS CO UNCIL ACTION The South Broam,ay Englewood Business lmprO\ ement Dismc1 ,s seeking to display a •sale day" logo flag. This proposal "as presented 10 Council as a scheduled public comment it'!m on May 5. :!008. TIiis Item was also discussed as a Council Mem l1er's Choice al a study session 1h1s summer. Council directed stan to proceed with preparing the necessary amendments to the Unihed Development Code without holuing a study session. RECOM MENDED ACTION Recommenda1ion fr o m the Commun ity De, elopmen l Department lo approve ,1 bill (or an ordina nce amending Section 16-6-1 l E of thQ Lln10ed Oe\'elop111en1 Code pert,,lnlng 10 flags. Staff also requests that Council set a public hearing 'lr N,wPmber 3, W08 lo consider pubhc 1estimon)' on this issue. BACKGROUND, ANALYSIS, AND ALTE RN;IT)\.f.S IDEN TIFI ED Th ~ Sou th l:lroad\\ay Englewood Business lmp,,,,ement District is seeking 10 display a flag to be used e•du,h eli by BID members l11e flags "111 contain only d,e BID lo~, and lettering and "ill not ad, e r11se specifi c businesses Flags are ,,ddressed under the sign code section o( the UOC, Secuon l f>.6.E-3 n,e code allows the displ a1 ol flags 01 nati ons, st.lies, or cities only. The sice 1s limit ed to 3 5 ~qu.ue feet. The UDC as currend1 "rrtten does not allo\\ th e displa1 o( this I\ pe n( flag. When re-rewed at study session, the Plan nmg ,,nd Zornng Comrn1ss1on 1eh 1hat the code amendment should ,,ddress the request of d,e e\lsllng BID as \\ell as pottnli al future requests hy BIDs or merthan1 associations not yet form ed, Th e proposed language author izes the d,splay 01 tlJgs by City ,,pprm ed business impro, emen l districts. City appro,al ,s rt!<Juired tor Business lmpro, ement District forma tion. No Cil) appro, al or 0\ e rslght Is required to 1orm a merchanl associ,111nn. The prorosed ,,mendm ent rl!!fi fil!l include mercha nt associations as en tities .1ble 10 display flags. As with other fl ags, no perm it or rl!, le" h\ the City is required. TI,e fla gs I\ ill he lim ited 10 I 5 squ,11e feet m s,ze This uem \\ as presen1ed 10 Planning Jnd Zoning Commission at a s111d\ session on August 5, ~008. The Co111m1ss1on consensus "as 10 mO\ e ron, ard \\id1 an amendment to authori ze 1he displa1 oi rlags bl' rhe BID. The Planning and Zon,ng Commission conducted a public hearing on rhe propc:-1ed code amendmen t on Sep tember 16, W08. Staff recommended deleting lang11age aL1tho11zing merchan t associati ons to display rlags as th ere Is no City con trol O\'er the formatloll ol iuch associa tions. The Commission ionvarded to Council a recommendation for approval "ilh the following amendment: • n,e first sentence oi 16-6-13 E J(b) shall read: Aags or Col) appr01 ed business districts, provided the flags display only the name emblem. ~or logo or the organization and no lndr. idual business names. The attached bill for an ordinance contains the am~nded texl Attached is an image or the proposed flag recei, ed by 1he Department on Oc1ober 8, 2006. An image was requested severa l weeks ago when the original language or the code amendmen t was being d raft ed fo r Plann ing and Zoning Commission conside ration. The sale day flag, were described as ·a10 logo flags" on a1 leas1 1hree otcasions al ACE meetings a nd ,lt City Council on May 5, 2008. 11 was 1,ilh this in fo rm ation tha : the ordi nance was dra fted. • As ,1pp roved by the Planning and Zoning Commission the code amendmen t wou ld no t allow the Inclusion or the words • Sale ToJay: Inclusion of these "ords on 1he Oag would require anod,er hearing on a revised ordi ,ance by the Planning and Zoning Commission. • FINANCIAl IMPACT There is no financial Impact to the City. LIST OF ATTA CHMENTS Image of Propose d Flag Plann in g and Zo ning C.ommoss lon S1aff Report -September 16, 2006 Planning and Zoning Commh,lon Minu tes Planning and Zoning Commission Findings of Fact Bill ior an Ordmance • NOT PERMIT'l'ED • 24" • • • • • TO: FROM: DATE: RE: MEMOR AN D U M COMMUNITY DEVELOPMENT Plann ing and Zoning Commission Alan White, Community Development Director September 16, 2008 Case No. 2008· t 2 Sign Code Amendment -BID •sale Day" Flags RECOMMEN DATION Staff requests that the Planning and Zoning Commission review, take public testimony, and forward to City Council a recommendation for adoption of proposed amendments to Title t 6: Unified Development Code (UDC) allowing the display of flags connected to activities of a business district or merd1ant association . The Bit' is seeking to display a flag to be designed and used exclusively by BID members. Our current understanding is that the flags will contain only the BID logo and maybe some lettering. but will not advertise specific busin esses. Flags are addressed under the sign code section of the UDC, Section 16-6-E-3 . The code allows the display of flags of nations, states, or cities only. The size is limited to 35 square feet. This topic was discussed with Planning and Zoning Commission at a study session on August S, 2008 . The consensus of the Commission was to amend the sign code to address only the BID flags. Corporate anrl other flags should be addressed when the entire sign code is amended. ,:\NA LYSIS • The UDC as currently wnuen does not allow the display of this type of flag. When reviewed at study session, the Commission felt tha t the amendment should add,.,~s t.he existing request as v,ell as potential future requests by BIDs or merchant associations · ""· The display of such flags would not require a permit, but would require a l1ce1 t below . The proposed language indicates the BID must be City approved. Tti:s i~ required for Its formation . No City approval or oversight Is required to form a merchant associJti -:>n. Two adjacent businesses could decide to form an association and start di sp laying flags . This is not intended to be permi ued by the amendment This unintended consequence could be deah with by deleting th e referen ce to merchant as sociat ion s. The propo sed amendment does not • include merchant asso ciations as entities abl e to di spla y fi ags . As wi th oth er flags, no permit or review by the City is requir ed. PROPOSED AMENDMENT 16-6-13: Signs . E. Signs Nol Subie cr 10 Permits . The following signs , disp layed for non -commercial purposes, may be erected and maintained in all zone distri cts without a sign permit as otherwise required by Section 16-6-13.0 EMC, 'Permits,' above. Such signs shall be in addition to all other signs permitted in any zone district, providing suc:1 signs do not require direct electrical wiring, and conform to setbacks and other physical characteristic requirements of the designated zone distr;cts. Even though permits are not required for the following signs, w1II signs shall be located only in the signable area, and window signs shall be counted toward the twenty-five percent (25%) maximum coverage . This restriction shall not apply to holiday decorations, or to short-term advertising as provi ded in su bsec tion 16-6-13.).5.f EMC. No permit shall be required to carry out maintenance to a conforming sign if no structu ra l changes are made . 1. Bulletin Boards . Bullet in boards for publ ic, charitabl e, or religious in;titutions, which are • not over twelve ( 12 ) square feet in area, and whi ch are located on the premises of said ins,· ·tions . 2. Elec. ,n Signs. Election signs shall not be post ed more than forty-five (45) calendar days prior to the elec tion to which the sig n relates , and shall be removed within fifteen ( 15 ) calendar days following th e election to which the sig n relates . Su ch signs are limited lo wall, window, and ground signs; and shall not be a bann er or paper or clo th. Each elec tion sign shall not exceed twelve ( 12) square feet of total sign area . 3. Flags . ~Hhltioris er an ergaAizatieA er natiens, slates, an e! c,tie,, preYidel'-stiEh flag does nel eKeeed tl'lir-ly live (35) SEjwre feet in area, a. Ela.es of nations or an Pr Kao izat ioo or nati on?, stat e; an d cities oru ·i ~ su ch fl ag doe s not exce ed tbirtv·Ove (3 5l sou ar e fee t in ar ea, b. Flags of Ci tv aooro ve d bU5 iness im oro vemenLdistd cls Provided tbf!..flags diso lav onlv the emblem or loso of the orsutioo and no indiv idual business names Su ch OaITT are li mi te d to fifte en l 1 Sl sauare feet in area • • • • P!~r .-:, :.:.J Z.,:i,•1 C :?:o.-.a n P .. ~.u. H:,mns: C~st1 •!OOS-1 1 3nJ C:a,-e •~OOS· l: Scri1cMber 16, ::.oo~ P.:~: h,f 11 CITY OF ENGLE\\'O O 0 PLANr-.'ING ANO ZONl,\/G COM,\IISSION September Hi, 2008 I. CALL TO ORDER ~ The regular meeting of the City Planning and Zoning Commission was called to order at 7:03 pm. in the Council Chambers of the Englewood Civic Center, \'IC~ Cha,r Knoth presiding. Present. Absent: Staff Roth, King.\,\ elker, Calonder, Krieger, Knoth. Fish, B,ilk Ble ile Alan White, Community Development Director Nancy Reid, Assistant City Attorney Mike Flaherty, Depu ty City Manager II. AP PROVA L OF M INUTES September 3, 2008 Fish moved: 0 C1th seconded: TO APPROVE THE SEPTEMBER 3, 2008 MINUTES Vice Chair Knoth asked if there were any modificauons or corrections. There were none. AYES : NAYS, A8STAl1': 1\BSENT: Roth, Calonder, Knoth, King, Brick None Krieger, VVel~er, Fish Bleile Motion carritd. Ill . PUllllC HEAR INGS Q CASE #2008-11 Amendme nt s to Title 16 Related to liard Surface and Commercia l Vehicle Weight Brick moved· Krieger seconded: THE PUBLIC HEARING ON CA~E #2008-11 BE OPENED P' ... ,n::--i .nJ Zonu-;; Co::-.. -r u1<.:, P,~li, He.11,ni CJ.1oe~ •:tJO!•I I ;inj C~>C •:oo~ 1: S~t'{C~.,,.er 16. :OOh P .. ;;e: •I 1: 'IHS :-. ... , s ABSTl\1:-. ABSE'-.T Brock Knoth, Roth. \\e!ker. King. Calender. Fish, K1.e;er :S:one i'-one Bleile \\ot,on earned. o\lr \\h,te, Commulltly De\elopment Duector, was s"om m He ,:ato:!J 1c• t~e Commissions considerat,on tonight i> case ;,}008-1 ! . Amendment> to the L 1111 ,ed De\ elopment Code (UDC) of the ~nglewood Municipal Code related to 11ard surface and commercial vehicle 1\ eight. He stated he had alread1• submmed ior the record proof 01 publicauon of whic h the notice was published in the Englewood Herald on Augu,t 29. 2008 as \,ell as the Staff repo rt. The reque st tonight ii that the Commission review, take public testimony and forwa rd to City Counci l a reco mmendation for approval of tre proposed amend men t. • The Planning and Zonin~ Commissio n is autho ri zed by the UDC 10 review and make recom menda tions to City Council regarding updates to the UD C. The amendmen ts Me int,;;nded to coo rdrna,e UDC terms arid defin itio ns with othe r Titles of the Englewood Municipa l Code Please note t~a t rece,H "housekeeping" amendments revie\-ed by Planning and Zon,ng Cl)mmission are no t incl uded in the tex t of the proposed ame,,dme,111 • •S adoption of proposed "housekeeping• Ordinance is not complete at this t,me. foe topics are addressed in this UDC amendment proposal: (1) maximum \\eight of a commercial vehicle allowerl to be parked on residential property and (2) hard surface dm eway and parking pad standards. VEHICLE WEIGHT The proposed amendment to 16-5•4 D1c(1 modifies the ma.,1mum \\eight or a commercial ,chicle stored on property In an, resiciential zone district from 6.000 pounds i, ,,000 pounds Mr White said the onl, place in the Engle,, cod ~ .. m1c1pal Code ., here \ fe 1 ,1cle \\eogl11 hmits are restricted to 6,000 pounds is in Tide 16. Else,\here m t,ie Code and 1rai1,c signs use the \ eh1cle weigt,t ltm1t of i ,OOC pounds. In addition. the Cit y utrhzes a ;,ooo pound weigh'. l1m1t when re , ,c.trng true~ tr ,;ffic in cer:ain areas. HARD SURFACE Three proposed amendments relat·ng to hard surfacer ,,,·,1a1 and parkmg pad sta11dard1 ar~ pa rt of a s~t of amendments to Titles 11, 15 and l o ciesigned 10 use the same rernts thro ughou t the Englewood Mu nic ipa l Code. Ha rd surface, as rela ted to dnvewa1 s a11d parkin g pad1, w,11 mea,1 •a durable surface of co ncrete, asplia lt, b ri c~ pavers, or similar alterna te ma teria ls appro~ed by the City." • • • • P-.... ~ ... ~Z.-:i:;C ==..u1,, P.Jbi1~ lie.inn; c .. ~,•100::i-11 il."'.!C .. ,c11:or, 1~ s~~n~~ ·~: ~ PJSC j o: 11 \ ,, \ \ h11P oi:ered 10 J111.-. er an, ~ .,m,ors the Cornm,;;,on m:s~t ha·. e. \Ir \\ el"er said tne onl, clJnf .at.on r.e ha~ .,as '"Jt t'le Comn•,111011 11 1111-m!s 11:>out comrrierc,al , ehicles oi.11, no t pdsonal recr, .o nal, ehicles mo:or homes, buses, e1c. 1ha1 might ,,eigh ,n excess of -,ooo poul"Js \Ir \\ h,te stated t'.1at "as correct. ,\Ir 1-.mg asl-ed \\hat determines a commercial ,eh,de. Ms Krieger sa,d the, are used commercia lly and Mr. Brick said he thought they "ert licensed commerc1all, through the Department of Motor Vehicles. Ms Reid sa:d, in her personal opinion, commercial , ehicles are licensed as such and that is usually what the police departmen: ~oes >'ith 1f they have a question about whether a vehicle is or ,s not commercial Eve, ,r a van was licensed commercially, it probably doe1 not weigh over 7,000 pounds. A lar, moving van, e,en ;f 1t wasn't licensed commerc,all, the police department would consider ;1 commercial ior purposes of enforcement. Mr. King said getting back to the Issue of parking commercial vel1lcles the amendment sa11 they cannot exceed 7,000 pounds and in event shail more than one commercial veh;cle be stored on a property, If you ha d two commercial vehicles stored on a pro perty becau1P. the\ had a plumbing compan1 sign on the side ho" does that fit 110 this. Ms. Reid said ~II she can talk to is the enfc.rcemP.111 of the commercial. Ms. Krieger said she also wondered how tha t v.ould work. although that is not really what \\e dealing with tonight Technically, wt-are onl y dealing with the cha nge 10 7,000 pounds. Mr Welker said he understands that, but feers it is 5ometiifllg that should be looked a 1. Th'! definition of commercial vehicle is vague. \\s. Kriegs• said she did not disagree. He said if he "'ere a plumber and had a v~hicle loaded full of pipe 11 would definuely be over 7,()()1) pounds It may not ha, e a s • 011 11 and may no, e, en be a la ;e truck. There are disc repancies that are not enforct 1ble by our terms. Ms Kriege· said she also wondered \\Ml storing 11 on the street means. parking it on 1!1e street pa1l-.'11g o,ernight on the street .. what is stormg ll on publ;c prcpenv or p11bl:c nghl· 01-,,a,? Mr Welker said he \\JS disturbed 1,, the s~lion tnJI states that an , •r the road tractor trailer ·.,~;11'1 considered a commercia l ,el,,cle. Ms. Kneser said they ar~ 1101 allowed i\\r \\ e!ker ,a,d he understands tnat Mr \1 hite read the defimoon for commeroal ,eh,cle 1rom the Code book. It reads: Any vehicle designed, malntain~d or used primaril; for the transportauon oi property. He said that de1111111on 1s fa ir!~ broad. Pt.:-.r.:r:i: .mJ Z-.n•ti C :':\r.i.\\1.:>r. PuM1c He.mnll C.1.\c\lll:L'll'l( 11 ~c~ i:-•::i0s-:: St;r.:::-~:r It, :<w:, P .. jcJ o: I! • \Ir \ \ .:?l~er sa ic the prob lem ., :th this part cf the Code 1s t' ,Jt it 1s so . ag~e \ \ h, mJk.? on~ small cha nge in the Code to tr\ to make 1t cleJrer and lea,e ii uge !PPS ,o ., ~Jt "e J re allo\\ir1g to be ~arked? ,\\r. F,sh sa,d are 1ou askmg Stdff i( thev are prepared to re,iesv and ,faetJSS that tcr,ght. M, \\'e:ker said he doesn't belie,e 1,e are reach to h;11e a · uo!ic h0 aring if 1ou cant ar,s •,,~r srmple quesuons about "hats a comme•ci al ,eh1cie \'.S Krieger said />.'r . White read the defin it ion, bu t II ,s just e,tremef\ 1ague i\tr. Bri ck sa,d based on the cehnrtion \\r \\'hite read, \\Ould the Commission be .,rlilng to mo ·, e irom &,000 to i,00G pounds/ He said he also behe, es the detimuon needs to be changed. but "ould "e be comfortab ,e making the change to 7,000 pounds. Mr. Welker sard 1f he "ere drivrng around the Cit) ti') ing to enforce this panicular pro, isi on, -.ooo pounds is pri!II\' ha rd to figure out if th e vehrcfe "eighs that without a scale. Ms. 1-.rieger said I es, but can see 1,hy it needs to be changed to 7,000 pounds. Mr. Welker said v.e are try ing to clarify something, but are on!)' doing pan or the l-'b that needs to be done. As Zoning Commission this is one of the issue s that 1,e need to co11sider ... what ~eh,cles are being parked around our City . Mr. Brick asked If the Commi~sion cou ld proceed by making an amendment to the proposed language. Mr. King sard he doesn't see ,vhere II says that no ve hicle can weigh over 7,000 pounds; ii sa)'S no commercial vehrcle can weigh over i,000 pounds. Mr. Welker said that's \\hy I asked the first question about "hether this pe,tains to onl) commercial vehicles beC.1use I also know that motor homes can easrly ,veigh over 7,000 pounds. Mr. King said tha t's not a commercial vehicle even though It \-.elghs 01er 7.000 pounds. Ms . Krieger said you could park it on your property. Mr King said it's an • interpre tati on of what a commercial vehicle is. Mr. Fish asked 1f the onl1 issue rs that commercial vehicle is poorly defined or are there other Iss ues. Mr. King said his pomt was that this amendment is to try to limit the , .. eight of vehicles, but 11 really only speaks to commercial \ eh1cles , et commercra l vehicle s aren't really defined. If there becomes an issue the person "ill just say it's not a commercia l vehicle and II will be up to enforcement 10 pro\e 11 is Mr Brick said instead of trying to decide this tonigh t th e Commission might th ink about tabling this particular rssue for forther discussion at a study session. \ke Chair Knoth asked \\r. \\'hile if he wanted th" Commrssion to discuss just the change from &,000 to 7,000 po ur1ds and come bJck to the other r;sues thJt ha, e been brouiiht up at a later time. Mr. \-\'htte sa:d he belie\ ed ~mE: of the issues brought up 1-. ere addressed rn other parts of the Code, but he sa id he only had i,tle 1 & with him. What we ar~ talkin~ about 1s par~mg o f commerc al ~ehicles on pmate property. In answer 10 Mr . King's question regarding ha, ing two commercral \ ehicles parked on your property, Mr. White said the Code states "in no event sha ll more than one ( l ) commercial vehicl,; be stored on property In any residentral zone district. 1\hether m a private garage or carport, 111 an off-street parking space, or in an open-space area• even if they are less than 7,000 pounds. You can have zero if more than 7,000 pounds and one if less than 7,000 pounds. He said he did not • behe,e the amendment \\as meant to address motor homes. RV's, trailers, etc. • • • r ..:'JJr.,i l:".! Llr,,:-,, Cl ""!'".=t'\ii :) P.h ... H::4"',r.S C11t1 •:fX.,,1 1 .... ·Jl!C~.e•:'1; 1: "itrt:~'16 :o:., PJ)C 'd:: \Ir \ \ e:~e r said l)n a personal basis. he has a re1ghbor across the alle} from ~1111 par l..ing J flat bed 1ruck ti-at is someumes loaded, a \\OOd chipper and a trenching 1T1Jch111e; all 1ml..ed c,.1 pri, ale residential property The Cily has been citing anot he r ne,ghbor ror pa•l..ing landscaping equipme111 on public ro a:1s Witho~l being able to define that these are commercia l veh icles parked on pri, ate properties "e ha, e several viola tions and he doern't believe we have clear definitions of what the\ are In the Cit)'s Code He belie,e, thev need to be addressed. If the Commission mal..es the one little change tonight "e may ne, er see this issue back again in mv hiet1me, Ms. Krieger said that also concerns her and she is also concerned that the Code is telling you "hat you can park in your garage dnd doesn l belie,e what is in someone's garage Is an1body's business. She said she feels that 1i a resident has a vehicle identified as for business and is parked in the garage she doesn't feel that is impacting anyone m the nt:ighborhood, but we don't want numerous large commercial vehicles parked on the street either. Mr. Welker said that 1s what he basically has going on in his neighborhood . Mr. Welker said we need to define what Is going on here, because as a zoning issue it's a little different than simp ly the weight Mr. Fish asked M1. Welker if he was prepared to put forth a 11 amendment. Mr. Welker said he is no t; he wants Staff to look into the issue further before they present It 10 the Commisslo11 as a simple amendment so the Commission can deal with the Issue of parking commercial vehicles In our neighborhoods. Ms. Krieger said we need a definiti on at th e very least. Mr. ~1sh said we don't ha,e a solu11on so all "e can do is reject it or pass it Mr \ \'elker said whether w~ table the amendment for a future time or deny it. b~ bringing It up now 11 is going to go back and be discussed Ms. K11eger asked Ms. Reid what the Commission's optic-ns are. Ms. Reid said \ ou could llble this motion as it is and ask Staff to lo ok at II aga111 or you can mal..e a motion to reject the amendment based 011 the fact that this is not sufflclen l and the whole Issue as you have discussed tonight needs to be addressed, Ms . Kriege r asked Mr. While if th ere "as an / pressing reason this amendment shou ld go forward ton igh t Mr. White said none other than for making the job of code enforcement officers easier Mr. White said there \\ill al\\a\S be instances \\here \OU '"II ha,e to do interpretations of whether a ,ehicle is commercial or not Mr \\ elker said he feels this amendment is not addressing the real problem w,1h111 1he zon,ng ordinance about \\hat \\e can ha,e around our City He doesn't bel1e,e 11 1s a "eight issue because you can 't ,enfy the 1~e1ght of most ,ehicles. In h,s opinion the ,,eight 1s not the real problem in Englewood 10 the zo111ng ordinance. He said 1f he doesn 't stand in the wa y of it right now and try 10 get a1 th e point of \\hat we have as an issue within the Cit\ then he's 1101 doing a good job for the CII\' . P . ..:.r.ir.lj .anJ Zlinm, C"1'r.,ir .. u n, P.~:,e He>r.nJ C .. >a•:00£-ll .rndC.1.r•:rfJ -~~ Se;•:m"c1 16 :!00~ ? •• , 6ot I, ,:,. Fish said ton1sht's ame ncime,1 1 ,as mean t to be Just ror houseke.-ing, \\hat ou 1,e ra;sing 1s a much larger issue that , !! ha, e no t be~n briEied on or d,sccssed He ~aid he eels \Ir . Welker is right in that there are man; problems in the C' ode. but d1c!11 I ·I mJking the change to i.000 pounds ,s a problem . \•s 'rieg.:r ~a,d there 1sn I an reason not to fix all of 111,h1le the issue 1s be ore us. \ r Fish sa id 1,e 1,ou!d nePd Staii and 1,e would need to look at other parts of the Code and 1,e ha en t done that yet. Is . 1-neger said that is , hy we \\ant to table the issue . The CommissiOll as' ed Mr. White what is on the Commission's schedule for the next month to si 1, eeks. He stated there is a Stud) Session scheduled for October ;" and a Public Hearing on October 21•·. He rnd this issue could be 111cluded 111 th e Study Session on October 7" and the Public Hearing could continue on the 21 ". Ms. Krieger asked ,r that "as enougn time for Staff 10 prepare. Mr. White said that -,as enough ume 10 at least provide the information from the other sections 111 the Code and see 11 that addresses your concerns or not. Ms. Reid expldinPrl if the Commission continues the hea ring once it has been opened it has already been p1.1 ushed, it's already been noticed and the refore it does not need 10 be republis hed. II anyone Is In terested in the is,ue and are he re tonight the y have been informed that it will be continued. Mr. Kno h as~ed if the Commission wanted to discuss the issue of hard surface tonight o, continue that p.1rt of the arnendmcnt also . The Commission stated they wanted 10 contmue the amendment in Its entirety as it is all one case. 1/1 elker mo, ed '. Krieger seconded THE PUBLIC HEARING O CASE #2008· 11 BE CO, TINvED TO OCTOBER 21, 2008 AYES '. r-.,WS '. ABSTAIN BSE:-.;T 13ricl Roth. \Velkcr Kin!!, 11.rieger Fish, Calonder 11.noth Blc,le lr. Fish voted no because he said he didn't feel the Commi,sion needs 10 hold S1a1i hostage in this way , He said he felt the Commission could pass this amendment and deal 111 1h the other issues separately. 1' r. Brick vote 1es becaL1se he feels a month's 1,ait is not that crucial. 1'\r. Welker said 1es as ne be!iel'es the ,e some issues 10 Cllnsider 1ha1 there aren 't a s11ers to tonight. Mr .11.rieger votes \'eS and agrees with l\lr . Welker. • • • • • • P1.-.n-:.~r .1,-:; Z r g Co:=-.. ":" .. u . , Pu.bl+C Hc:Jr:".j <.::i.~c• •:00!· 11 ,lnd C :i ~! •:00~-1 ~ Septcm~r 10. WO~ P,,, • of J: /\Ir Roth voted }es as he feels there are ocl1er issues that need to be discu ssed Hes 110 1 e~en sure "eight is reall\ the rea! issue as il's something that can't be meJ su1ed b1· an enforcemen t officer; \ ou should be dealing \\ith heigh t and "eight. ,\Ir King ,o te d 1es and said he doesn't /eel the Commi ssion 1s holding S1a'1 hostJge. ,·,e·re Jus t trying to get some clarification. Mouon carried. al CASE #2008-12 Amendments to Title 16 Related lo th e Sign Code and Flags Krieger moved : Fish seconded: THE PUBLIC HEARl'-IG ON CASE ;:2008-12 BE OPE'-ED AYES: NAYS: Brick, Knoth, Roth, Welker, King. Calender, Fish, Krieger None ABSTAIN: None ABSENT: Bleile Motion carried. Mr \I\ hite, Community Developme111 Director, was sworn in. He stated for the Commission's consideration tonight 1s case #2008-12, Amendments 10 the Unified Developmen t Code (U DC) of the Englewood Municipal Code allow ing the display of flags connected to activities of a business district or mercham assodation He stated he had already submi• the record proof or publication of which the notice was published in the Eng/ewe '· did on August 29, 2008 as well as the Staff report. The request tonight is that the r ,1ssion review, take public testimonv and foMard 10 City Council a recommen, ,ton for approval or the proposed amendment. The Planning and Zoning Commission Is authorized by the UDC to rev iew and make recommenda tions to Cit\ Council regarding updates to the UDC. Thi~ topic was discussed with the Planning and Zon in g Commission at a study session on August 5, 7.008. There was some discussion about including merchant assoc1a11ons. but upon further reOection by Staff they felt that should not be included in the Ordinance as there is really no control of merchant's associations by the Ci ty. The Business Improvement District wants 10 display "Sale Day" nags one da1 per month ·.•ithin 1he Business District. Currently, the Code does not allow the display of flags for P.Jr.::,i lt..l L>nir., C,>rr"~11,,1C1n P-~ .. ~ He!:'lr.l C.Jot, «:QC,£.\ I .mJ C.M •:OO~-1: S:;:tem.b.er 16 :cm P~;cS011~ an\ thing other than cities states er nations. Th,s Code amen dmei,i ,·.ould e>.t~nd 1"•1 ab,l:r. to displa,• tlass to cit\ appro, ed business 1rr.pro, ement districts F;ags 01 ~mes. states or nations a•e I: ,1,ted to 35 square iee1 m area ard are not sub1ect to a'1) perm1111ng process Staff su~gests the BID Sale Da, tlags not be subiect to an\ permitting process as "ell. but Staii c,d su;;gest the size be limited to 15 square 1eet The1 .,ill be displa1ed from nag hclders that will suspend the flags o,er the public side,,a!k . Mr \\ hite offered to ans1,er an\ questiom the Commission might ha, e. ,\I r. King said in an effort to maf..e it easier on Code Enforcement, since 11 seems tha t the conventions in thi s particular election cycle are approximately 60 days from th e election day, 1ne Code says elections signs shall not be posted more tr.an forty-five ( 45 ) calendar days prior to the election date, v. ould it make sense to extend that date out to 60 days. Mr. Brick said he also saw that and 1t is a violation and code enforcement should go aroun d and collect the signs. Mr . Welker said th ere probably have been signs up continuously for th ree months or more already th is year. • Mr. White said it has been discussed at study session that the whole sign code needs to be updated. The Commission decided to leave corporate flags and other sign issues for when • the entire sign code Is discussed. He said he would be happy to tak e a recommendation back to Staff regard in g the election signs, but ton ight's di scussion is in regards 10 the "Sale Day· flags . Mr. Welker suggested 111 16-6·13 E3ib) the name specii1cal!y of the busine ss improvement district or to require them to ha, e J logo that has their name in ,1 be included. Mr. Knoth asked if the flags were limited to 15 square feel per side. Mr \\'hue said that was correct Krieger mo, ed King seconded TH E PuBLIC HEARt:S:G 0'-1 CASE ~2008-12 BE CLOSED AYES: NAVS : Brick. Knoth. Roth, \Velker, King. Calender, Fish, 1-.neger "one ABSTAl:-S ABSENT: None Bleile Q Motion carried. Krieger mo, ed: Welker seconded: C~SE #2008·12, AMENDMENTS TO TITLE 16 UNIFIED DEVELOPI\\ENT CODE RELA.TED TO THE SIGN CODE A:S.D • • • • Pl.uin:ns .ind Zan.:-:r Ccrr .. ":"' .. HKl'!'t Publ" He:illr.S C.ae• •~· 11 ~.J Cllt •:!.!OS.: 1 Stp1cmber 16 :ovs PJtt9 '1!1 1 FLAGS BE RECO,\l,\IE.\DED FOR ~PP~O\:\L TO cm COL,,\(IL \\/TH -\ F-\\'OR.-\BLE RECO'.l'.lf.\D-\T/0\ FOR ADOPT/Of\/\ '.'/TH THE FOLLOWl,\C A,\IE:S:D\IE,\ T· 1 THE FIRST SENTENCE OF /6-6 -13 f JrbJ SHALL READ FLAGS OF Cl1Y APPROVED BLiSI\ESS I\IPRO\E"vlE,\ T DISTRICTS, PRO\ IDED THE FLAGS DISPLAY OM Y THE :S:AME, EMBLEM A.\/0/0R THE LOGO OF THE ORGA,\'/ZAT/0\ A\0 t,'O INDIVIDUAL BUSINESS NAMES AYES: NAYS: Brick, Knoth, Roth, Welker, King, Calonder, fish , Krieger None ABSTAI~: None ABS ENT: Bleile Motion carried. IV. CAP ITAL IMPROVEMENT PRO(ECTS fl Mr. White stated there is a section In the Charter that requires the Planning and Zoning Commissio n to submi t a lis t of recomme nded capital projects to the Gty Manager . Mr. White introduced Mr, Flaherty, Deputy City Manager. Mr. Flaherty said one of his functions at the City is to provide for initial review of capital project requests and to make preliminary recommendati ons that go to City Cou ncil. Mr. Flahe rty re view ed th e two sp readsheets included in the meeting packet. One is a ver, detailed and extensive spreadsheet that lis ts all capital projects on a city-wide basis, inclu ding those tha t are prop rietary, enterprise, spec ial revenue and restricted funds. The pro1ects for which you have authority to recommend on rela te to Funds 30 and 31. Fund 30 is the Pu bli c Improve ment Fu nd and Fund 3 I is the Capital Pro1ecls Fund. The second spreadsheet identifies all of the projects that were submitted by department directors for 2009 cons ide ra tio n The total number of projects submi ned has a dollar figure of nearly SS.7 milhon. Unfortur.ately, the City on!y has about 52 million to spend. Revenue projections for 2009 are just slightly over S2 million, which is considerably lowe r than it has bee n in most recent years. Slight!,· more than $4 million was appro,ed rn 1008 ior public improvement capital projects funds The source of funding for capital lmproveme11 t and pub lic im proveme nt funds come from the PIF or the use tax funds. Revenues for 2009 "ere presented. Total projects recommended at this time amoun t to $1,998,980. Council has not acted on this ye t and co uld ve ry well make changes. The recommended projects "ere re\le"ed. Mr. Flaherty said the Planning and Zoning Commission's recommendations are certainly of value to City Co uncil and to the City Manage r's offi ce a nd we apprecia te your time . He ofiered to a1m..,er any questions the Commission might have. P::.."' .,r.i;: J:-.d z_,:-::if C :'i\l:-.:,s1or, p_-• H:'-'.•i C.i.,e, •:OO• L :i:-JC ... t" •:.fJ~-1: S,p!O:c.o,r lb. :Oo, P.J;e 10w: ;: /\Ir i,.noth a,1-.d ,i anyo:1e bd .i~. c;uestions /\ ·,r \ \'ell,.er sa,d he b.-ilcH•s this i; a \uste oi our t;me The inf--mat io11 11 e recei, ed and 111 the format 11 "as in \,as ,irtJalh unreadable to me. He said he spent about an hrur on 11 and decided it was comple1 el1 a w~ste. He didn't know what tre codes meant, 11hat 1unds \,e \,ere lool,.ing at that the Commission has an\ input on. the ,.ming sucks and "e\e had better information in the past. /\ Ir. Briel,. ,econded that. He said the document was poor to read. He said ii you really "ant my recommendation I need to understand the material. It probab l~ "ould be better brought to a study session and if we needed to do somethins official we could do it in a public hearing format. Mr. Flaherty said he would certainly accept those criticisms and try to provide better information in the future. Mr. \\'hite asked the Commission if there was something they have received in the past that was in a better format. Mr. Welker said when you look at a spreadsheet that each page is r.vo pages horizontalll' with no headings it Is virtually a chore 10 try 10 straighten it out. He • said he would rather see 11 in microprinl and use a magnif) ing ;lass to read, plus he said he • did not !,.now ,, hat the codes and abbreviations meant. He said he virtua lly could not prepare for the meeting "ith ,, hat \, as brough t to him. He said he came to the mceung with on ly the expectation of information on it and basically \\ hat I am hearing is we don t have any money and \,e're not going to do anything anY',ay so it doesn't matter what you say. That may be the truth, but it's not what I like to hear when I'm being asked to gi,e my time to the City for something like this. Mr . White asked if a summary would hav1i been easier 10 understand. Mr. Welker sai d something that was decipherable, with a leg::nd so that the Commission could understand. a11d identification of" hich categories \\ e were looking al. Mr. Flaherty said the mclus,on of all the City-wide funds probably should not ha, e been 111cluded because you are not taking acti on on all of the funds. He saiu the Commission's criticism is well founded and he "ill take it back with h,m for IU!ure reference. Mr Brick said some of the columns can be elim111ated from the material presented to the Commission. Mr. Welker also asked that the spreadsheet show how a prc1ect might be funded o, er a period of, ears \ls Krieger said she has always felt it is a waste of thl Commission's time to review the pro1ects. She said she doesn't feel as most of "hat "e are looking at has ant1h111g to do \\ith the Planning and Zoning Commission . • • • • P~J.."'.ning :md Zr.'.'l.:rn:s Cc;-mm:sswn P.bl:cH=.r.r C.:i.u-s •:OOS,11 ;i.id C.n~ ,:oos.1: Srp!ember 10, !005 P1ge II 01 I~ Mr Calender as~ed if the Charter cou ld be cha,,ged so this issue does not com<! be1ore the Planning and Zoning Commirnon .. \Is. Reid sJ1d ch.111ges to the Cha ter require an elec11on Mr. Welker sa id the idea of the Charter is tha t is has some public 111;:ut and th,s ,s the t\ pe of Comm,ss,on t'iat might pro\lde that. \\s. l,.rieger said she can underst.ind that. but short or hours and hours of study "e can't get anythir,g ou t oi this to gl\ e , .. orth" h,le input ,\\r \'\'elker sa,d in past \ears "e have had better meetings "here \\e actually made some recommendations and discussed some projects that people cared about such as the pedestrian bridge across Hampde n. There were issues that had something 10 do w,th land use and patterns oi use in the City that nobody else in the C11) ,, as loo~lng at \Is Flaherty said let me tell ~ou what I ha,e heard and see ,i \OU agree with my asses sment I Don't present information that the Commission canno t act on 2. Show information in a context that is more than 011e year. 3. Present in a form the Commission can understand. 4. Present infor mati on in a timelier manne r. Mr Brick said on the 2009 Preliminary Capital Projects Recommendation Revised chart is wo~ld be helpful to sort b;• department as it would be easier to read. Mr. Flaherty said they were intended to be at least marginally prioritized, but if you prefer by department \\e could certainly do that. Mr. Brick said since the p11oritv numbe r was not included on the spreadsheet we did not understand that. Mr. Welker said part of the Commission's role is to establish that priority so if you give the lilt to us in an o rder we have to look a t it in I have a problem "'ith that. He said he would like to see the list before the City sets the priorities. Mr Flaherty said if the Commission would like to see the items as they were submitted by each department he would be happy to do that. Mr. Brick said he would like to see it by depart ment and by priority. Mr Welker said next year he does not want to see the same thin g. he wou ld hke to ha, e a chance to look at the things the Commission ma~ be able to ha, e some interest 111. Mr Fish asked for a be tt er desc ri pt ion of items. Some on the cur rent document didn't mean a th,ng. Mr. Flahe rty thanked the Commission. Ms. t-:rieger thanked Mr. Flaherty for his ume. Mr Fish as~ed ii the Commissio•1 needs to make any recommendations on this issue Ms Reid said the Commission does need to vote. She offered several op tions. Brick moved: Kneser seconded THE COMMISSlO1' RELUCTANTLY RECOMMENDS THE CAPITAL IMPROVEMENT PRO)tCTS BUDGET AS PRESENTED DUE TO THE FACT THERE WAS NOT SUFFIC IENT TIMt OR Pl.i.r.r.1r:1 ..ir.J 1. ,r,:· • C: rtr..i, n r~h ~1 .. Hc.ir inJ Cnc\111:0 Ll ~•l l J .!t':.i:•: •1~ St;"l!:r t-:r ltt :<11 ~ PJ;e I~ I t: l"-fOR, -'.TI O, PRO 'IOED FOR THE CO'.\'.:I SS IO TO RE 'I EW-\ D DO>\. -'.DEQL'·'ITE JOS . -'.\ES : , ... ,s Bric k not " Rot \\t:l ~er. 'm g. Cal onder. Fish , Krie se r , on e '\SST I'-: -'.BSE:-.:T .,one Ble il e /1. o ion carr ied. V. PUB! IC FORUM Th ere wa s 11 0 pu blic prese nt . VI. DIRECTOR 'S CHO ICE liJl M r. White had noth ing furth er to report. VII . STAFF' CHOf l"E ~ !>taif had nolht ng furt her 10 report. Ill . ATTORNEY'S CHO ICE 31 M s. Reid ha d no thing furt he r to repor t. IX. COMM ISS IO 'ER ' CHOICE 0 Ir Bnd. said he \\Ould not be in allendance at the Oc tober 'i mee~ng. The meeting adjourn ed at 8:~5 p M . • • • • • CITY OF E LE\ 000 PL 'ING A D ZO I. G COMMI 10, I THE MATTER OF CA E #.!008-1 2, FINDI G OF F CT , CO CLU 10 S A 'D RECO I IE DATIO S REUTI G TO SIG CODE A D FLAG IE , Do\lENTS ) TO TITLE 16 OF THE IFIED DEVELOP IE T ) CODE ) ITIATED BY: COMMU ITY DEVELOPME T DEP RTMENT 1000 ENGLEWOOD PARKWAY E GLEWOOD, CO 80 110 ) ) ) ) ) ) Fh D"GS OF F CT Ai\D CO , CLUSIOI\S OF THE CITY PL ING AND ZO , ING CO IMI 10, Commi ss ion Memb rs Pr esent: ls.rieger, Ro lh , Br ick, Knoth, King, Cale nder, Fish, Welke r Commi ssio n 1\1 mb ers Ab sen t: Bl ei le This mailer was heard before the Cit} Pla nnin g and Zoning Commission on Sep tember 16. 2008 in th City Council Chambers of the Englewood Civic Cen ter Tes111no11y was rec ived from st.Jif and th e Commission receh ed notice of Public H Ming. the Staff Repor t, and a copy of the proposed amendments to Title 16 Unified De1elopme111 Code v.h1Ch were incorporated 111 10 and made a part of th e record of the Pu blic H Jr111g. After considering the sta tements of Stali and re1iewing the perl!nent documen ts. th ~ members of the City Planning and Zoning Commission made the followms f111d111g ,1ncl Conclus1ons Fl DI GS OF FACT 1. THAT th Public Hearing on the Sign Code and Flag Amendments I '.l Title 16 ol lh Unified Development Code was brough t before the Planning Commission b, th Dep.irtrnenl of Community D q~lupment, a depJrtment 01 the City of En~le\\OOcl 2. TH T noI1 ce of the Public He,uing \\J published 111 the fni;f,,wood I IC'r.i/,1 011 Aug ust 29, 2008. 3. THAT th e staff report wa mJde par t ot the record. -l . iHAT the Unified Dev elopme nt Code was ad opted in 200-l nnd it wJs th e hrst majo r rewril of the zoning and sub didsion reg ul ations in 20 yea rs . 5 THAT the /\m .hnenl 11 dto1gned to pro\lde cl.rn11· to e\lsting r;,•~ul,111on, .rntl • pe rn111 the display of n.,gs of business 1mpr0\emen1 d1strllls 6 THAT the current Lrnfied De,elopment Code onl\ allO\,s the d1spl.1Y al tlags 01 nations, states, or citie; in a size limited 10 35 square iee t I• THAr !'1e Broad,,a1 Improvement District is seeking 10 displa y a flag 10 be designed and used exclusively by the Broadway Imp rovement District. 8 THAT the Commission recommended that one change bP added as follows· THE FIRST SENTENCE OF 16-6-13 E 3/bJ SHALL READ FLAGS OF C!TY APPROVED BUSINESS IMPROVEMENT DISTRICTS, PROVIDED Tl-IE FLAGS DISPLAY ONLY THE NAME. EMBLEM AN010R THE LOGO OF THE ORGANIZATION AND NO INDIVIDUAL BUSINESS NAMES CONCLUSIONS 1. THAT the Public Hearin g on the Sign Code and Flag Amendments 10 Title 16 of the Unified Development Code was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. • 2, THAT notice of the Public Hearing was published in the Englewood Herald on August 29, 2008. 3, THAT the staff repo rt was made pa rt of the record. 4. THAT the Unified Development Code was adopted in 2004 and it was the first major rewrite of the zoning and subdivision regularions in 20 years. 5. THAT the AmendmPnl is designed 10 provide clarity to existing regulauon, and permi t the display 01 flags of business improvement distrim. 6. THAT no permit or review by the C11, 1s required 7. TIIAT the flags will not advertise specific businesses. 8 THAT the flags will no t e~ceed 15 square fee t in size. 9. THAT the flags or City approved business districts display only the name, emblem Jnd/or the logo or the organization. 10. TH AT the amendm~nt does not include merchan t associations as enti ties able 10 • display flags 2 • • • DECISION THEREFOR E, it ,s the dec,s,on of the City Plann111g and Zoning Comm,ss,on th,1t Case •2008-12 Public ,,o tice Amendments to TIile 16 oi the Unified De1 elopment Code shoulcl be referred 10 the Cit~ Co uncil wuh a fJ,orJble recornmendat,on. The decision was reached upon a vote on a motion made at the meeting of the Cit\ Plar:ung a~d Zoning Commission on September 16, 2008, by Ms. Krieger. seconded by Mr. Welker, which motion states: AYES: NAYS: ABSTAIN : ABSENT: CASE ;;2008-12 AMENDMENTS TO TITLE 16 UNIFIED DEVELOPMENT CODE REALTED TO THE SIGN CODE AND FL'\GS BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATIO N FOR ADOPTION WITH THE FOLLOWING AMENDMEI\T : I. THE FIRST SENTENCE OF 16-6-13 E 3/b) SHALL READ Fl ,GS OF CITY APPROVED BUSINES' IMPROVEMENT DISTRICTS, PROVIDED THE FLAGS DISPLAY ONLY TH£ NAME. EMBLEM AND/OR THE LOGO OF THE ORGANIZATION A/\D NO l1''DIVIDUAL BUSINESS NAMES. Krieger, Roth, Brick, Knoth, King. Fish, Calender, We lker None None Bleile Motion carried. These Findings and Conclusions are effecll\ e as of the meeting on September 16, 2008. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION • • • BY :\L'TIIORITY ORDl:-IANCE :SO. SERIES OF 2008 COUNCIi. BILL NO. 69 l}HROOVCf:D BY COl1:SCIL ~lt~!UI R A BILL FOR A.'< ORDINANCE A~IE1'01:\G TIIE F1'GLE\\'OOD MUNICIPAi CODE 2000 13Y AMENDING mLE 16-6-13, SIGN S NOT SUBJECT TO PERMITS, TO ALLOW DISPLAY OF A FLAG USED EXCLUS IVELY 13Y THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT MEMBER S. WHEREAS, 1he Sou1h B=dway Englewood 13usmcss lmprovcmen1 D1s1nC1 (BID) ,s scekin& 10 display n nag 10 be designed nnd used exclus,vcly by 131D members: nnJ WHEREAS, Englewood Municipal Code allows the display of nags of nalldns. stales. or cm,s only: and WHEREAS, Planning and Zon111g Co1111nissio11 discussed 1he desire of Sou1h Broadwt1y Englewood Business lmprovcmenl Dis1ric110 have i1s own llag and 1hc Commission's rccommcnda1ion was 10 amend 1he Sign Code 10 address only the Sou1h Broad"">' Englewood Business lmpro,·cmenl D,suicl or any fu1urc City appro, ed business 1mprovcmen1 district Ila!!, and WHEREAS, 1hc Coty bcli<•vcs 11 is desirable and beneficial 101hc Ci1y nnd Sou1h Broadway Englewood 13u,mcss lmprovcmenl D1S1nc1 10 display such nags. NOW, THEREFORE. BE IT ORDA IN ED BY THE CITY COUNC Ii. OF fl!E CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS : S££limL!. Tuk 16-6-13 S11ms. f:ngl\.'\\ood Mumc1::il Code. is hereby amended 10 read as follo"s: (Ed11or's no1c: 16-6-1 J A 1hrough I) rcmam urn:hangcd and an, 1h..-n:forc nm mclu,kd m 1l11s 0rdm;incc ] I:. Signs No t SubJcc110 Pemnis lhc following signs. disployeJ for n<'n-commcmal purposes. may he ,-recu,d and mlllmaincd mall zone d1S1nc1S without a s,~n pcnni1 a, othcl'\, ,sc requ,r.-1 h1 Sec, l 16-6-13. D. EMC. .. l'erm11s, .. alxwc. Such sii;n, shall be in ndd1110n to nil <>II,,· sign, pcn1111100 many ,one dis1ric1, pro, ,ding such signs do not require d1rec1 clcc1r1c11I wiring. nnJ c1111fonn 10 sclhacks and 01hcr physica l chamc1eris1ic requirements of 1he dcsigna1cJ Lone d1s1nc1s. I ,·en though pcnnits are 1101 r<'<juircd for the follo\\ing signs. wall signs sh,111 be I0011,'CI onl)• m the s,gnablc area. and \\llldO\\ signs shall bc counlcd 10"11rJ 1he 1we111y-fi,e f"'rccnl (15••> ma~imum cmerai;c. llii• resiric1io11 shnll 11 01 app ly 10 hohday d,-com11ons. or lo shon•1em1 adscnisin~ ,1' prov ided in suhscction 16-6-13.J.51' E~IC. I. Bulletm I3oards. Bu lletin boards il,r pubhc. chantnble. or rcl i!,'il'uS 111s111u1ions. "hich arc 1101 over tWcl\'C ( 12) square t'cct in area and wluch arc located on the premises of ~id 111s1i1u11ons. _ :lecuon Sign, !lccuon '11,!llS shall not be JlOSlcd more than fony-fi>e 45) calendar da)'l' pn<'r to the ckmon 10 ,, h1ch the s1~11 rclalcs and shall he ·moved within fifteen ( 15) calendar dnys followi ng 1hc election 10 which the s m rcla1es. Such st~ns arc limi1cd 10 "nil. "mdow. and grou nd sii;ns: and shall n I be a banner of p:,per or cl01h. Each election stgn slull 001 exceed twelve ( 12) re feei of 101al sign area. 3. 1' ogs. Flags of nations or an orgo111z:11ion of notions, sintcs, and cities. pro,idcd such nag does no1 exceed 1hiny-!i,·c (3S) square feel in area. -I{ Ew es oCChv-nnnmvcd busiosss imPr"'r£DJ£nl u,idric1~ omvided ~ • X61Jt.... Ont.s disotnv cnlv the oam~ emblem a,~r Jogo oflbwlt~ -t ~ -" and no ipdjyjdynJ business nnmes S\lil.C.\JlrJi.liwil.rui fi.llwlW.l wim.futinnrea, ~ rs note: 16-3-13E(4) throul!h 16-3-IJE( 17) remain unchanged and are therefore not ed 111 this Ordinance.] Section 2, Sofctv Clauses. l'hc City Counc1l hereby linds, dctennm<'S. and declares that this Ordinance is promulgnted wider the general police power of the City (1f Englewood. 1h31 II is promulgated for the health. safely, and welfare <lf 1hc public. and 1h31 this Ordinance is necessary for the prescrvauon of health and .afcty and for the protection of pubhc: c:on\'enicncc and welfare. n,c City Counc:11 fun her detcnnincs that the Ordnmnce bears a rn11onnl relation 10 the proper legislative objc.:t sought to be l'btoincd. ~ Sc, crnhtlitv If any clause. sentence , p:,rnJl1llph. or pan of this Ordinance or the appltcation thereof 10 any pcrwn nr c:m:umstances ,hall for any reason h., adJudgcd hy a c:oun of competent 1un,d1c11on in,·alid. such Judgment shall not affect. impair or 11walidn1c the rcmamder nf this Ordinance or 11s applicn11on 11, ,,1hcr persons ,,rcircumst:mccs. s.-.:1ion 4 l,WOl)SISlent Ordmn1h;(,'S. All other Ordinanc,'S '" ponions ther,..,r uiconm1c111 or c<'nntctin~ wnh 1h1s Ordin.1ncc or an) pon,on hm-'Of arc hcreb) r<'f)CJkd to the extent o f ,ud1 11i.:onsis1enc:y ,,, conn1c1. • • Scc11<in 5, l'[ect of repcal or mod1flcatio11 1 The repea l or mo<l11ic:u ion of any prul'isiun or the (.'ode of1hc C'ily of EnglcwtlOd by tins Orthnance slmll no1 release, cxti llk'llish. alter. modify. or change in \\lll'ie or m pan an) penalty, forfc11urc. or hab11i1y. c11lu:r ch 11 or cnminal. \\hich slmll h:ive been incurred under such p10\'1>1on. and each pro, ision shall be treated and held as soil rnnaming m force for the purposes of sustauuns nny nnd all proper acuons, suus. proceedings. and prosecution~ fort he enforcement of the penalty, forfeiture. nr liahil ny. ns well M for the purp0sc of ,ustaming any jud11mcnt, Mcree. or order which cnn or may he rendered. entered. or • made m such ni.:t101h, suils. proc~1..-din~s. or proS,(..-CUlh'ns • Sect1on 6. ~ fbc Pcnah) Pro1i,1c,n ofSectl(>n J--1-1 I \IC sh:111 apply to each and • • c1 Cl)' 11ola11on of this Ord ma nee. Introduced. read m full. and passed on first reading ,,n the 20th day of Octob...-r. !OOS. Published as a Bill for an Ordinance in the City's official ncw,papcr 0 11 the 25• day of Octobc-r. 100S. Published as a Bt!I for an Ordinance on the Cny"s official II cbi.ttc beginning on the 22nd day of October. 2008, for thin y (30) days. )rum,; K. Woodward. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis. Cuy Clerk of the City of Englewood. Colorado. do hereby cc111fy that the abo, e and foregoing is a true copy of n Bill for an Ordinance, nurodu~. read in full. and passed on fi rst readi ng on the 10th day of October. 2008 . Loucrishia A . EIits • COUN CIL CO MM UNICATION Dal e: Agenda 11cm: Subject: ow,her 20. ~008 11 a iii Anwnclmem to MunkipJ I Code regarding Conuele Ulih1, Initial ed By: I Slaff So urce: Department oi Public \ \'arks Rick f..ahm . Direc1 or COUNCIL GOAL AND PREVI OUS COU NCIL ACTI ON Council apprO\ed Ordinance No. 36, Series of 199;, creating the Concrete U11hrv and Concrete Utili ty En1 erprise Fund. RECOM MEND ED ACTION Staff recommends Council adop 1 a bill io r an ordinance amending the "User Fee· sectio n of the Concrete Ulihty and Concrete U111i1y Enterp,ise Fund • BACKGRO UN D, o\NALYSIS, AND ALTERNATIVES ID ENTIFIED Per sec11on I I •i• 18 01 the Englewood I\ lunlcipal Code (EMC,, proper11 01, ners are responsible for 11,e mai ntenance of concre te curbs, guners, a nd sidewalks adjacent lo their properly. The Concrete Utili ty \\JS formed in 1'!97 to creale a funding mech,,n lsm 10 help 0\\ners wi1 h 1h ei r financial respons,hihty for concrete maintenance. The Utihl\' prO\ldes a l)Pe of ·concrete repair insurance· Jnd a con, enierll "ay tor 0\\11ers to pa\ (96% of the fees are collected \\1th the \\,1ter and sewer bills). The Cit\' par1ldpates in the cosis for ln1ersection corn ers, ,,ll ey e11 1r,1nces, drainage cross pans, co1,cre1e ,1lle1 s; additi,,nally, lhe C,ty pa1·s ;I)",. of 1he ,11 enue com. Se..11011 12-8-& (Us~r Fees) 01 1he EMC e<l,1bhshed die fee a l se-en ,md e1gh1-ten1hs cents ISO.0i8) per square foo l or conc rete and req uire, an ordm,llKe lo change the lee. S1,1fl recommends clu11g1ng 1he e\l~tln~ rnd1nann• 111 ,1 llm, Cil\ Counci l lo establish foes per City Resoluti on. FINANCIAL IMPACT No 1mrned1a1e t11l,1r1C1,1I unp.id "'II resuh 1mm this ch,1nge 10 the £MC. Hn\1e-.er. peod111i; .,ppro,al 0111111 th,,nge 10 dw nrd111,111,e. 11.111 \\111 pre,ent a resolu11on r.ico111nwnd111g ,, 25",, ,ncreasp in the fees for 1he Cor1tMe U1ili1y tor 20(Jq_ UST OF ATTACHMENTS • Bill rm ,ln Ordin,1111 e • • • ORllL' \'\CE Ml SI Rll:S OI 100\ llY \LI IIORI IY A BILL FOR COUNCIL BILL NO. 73 11':TROOl.CFD UY C'Ol ;-.:rn ~IEMIJFR AN ORDINANCE AMENUL'\l, frrLE 11. CHAPTER S. SE<.TIO:-16 Of Tiff ENGLEWOOD MUNlCTPAL CODE 2000. PERTAINING TO TliE USER FEES FOR TIIE CONCRETE lITILln' A.'ID CONCRETE lITILIW EJ\TFRPRISE FUND roR THE CITY OF ENG LEWOOD. COLORADO. WI lt:REAS. lhc Lngk\\ rod Municipal Code ,cb fonh .. propcny own<'fS arc n-sponsible for 1he mn1ntcna ncc of concreie curbs. gullcrs. and side\\ al ks adJnccnt lO 1hcir propen)' .. 11-7-18 FMC: and WHEREAS. 1hc C11y Council of the Cily of Englc\\·ood. C'olorndo approved Ordmoncc No. 36. S,'lics of 199" cs1nblishing lhe Concme U11li1y and Concrclc Uulily En1,-rprisc rund and created a fundmg m,-chanism 10 help owners "ilh their financial rcsponsibihl) for ~oncrctc maintenance: nnd WHEREAS. the Co ncrete U11 l11y provides a 1)1'C of concrete repair insurance and a con,·emcnt way for 0\\1l<rS 10 pay lor 1he cost of concrete maintenance (%', of the fees arc colk-cted \I 11h 1hc wn1er and se-,er hills). and \\'l-lFREAS. the C11y p.1nic1p:11cs for m1e,s.,c11011 <-om,-rs. alley cn1ranccs. drauugc cross pans. c1111crc1c alleys. and pays for 70", oflhc aHnue coSI<: and \\'lll!REAS. Onhnanc,· No 36. Senc-s 11f J'l97 cstabh,hcJ 1hc f<-c a1 SO 078 Jll.'f ,quarc foot of cn11crc11:: nnd WHLRl:i\S. 1hc passage ,,f1lus Ord11111ncc will allo\\ 1hc Englc\\OOd Ci1y Council Ill ,'\labhsh fees p<r Ci1y Rc.,plu1ion; NO\\', rlll'RFl'ORL. IIE IT ()l(UAINl·O BY I Ill: Cl rY COl!NCII nr TIii: CITY or r~GI F\\00D. COLOR \DO. AS FOi 1.0\\'S SMiM I. ·1 he ('ny Council pfllw City <1 f 1:ng lew,~l<l. t'nlura,ln hcrchy authori,cs ,1me11dmg rule 11. Chaplet~. s,..,1111n 6 ,,f1hc I nglr"nod Mun1<·1p.1I Co,k ~000 I<' read"' fol lows : 12-8: CONC RliE UT11,1n · A:-;D CONCRt:TF. UT 11.1n · t:.VTERPRI SF. ff'\I) . \ lllcrc is hereby mtpo,cd 011 c\'cry IOI or p:1rcd of lnntl "i1h111 1hc Cit)' a co11crc1c u11ht)' (e,: The concrete uuluy (ee <hall I>.-re, ,.,.,,-d armu.,11) and -.et from llmc IO lime by~-r~s,>11111011 t•f1hc C'ny Co,, .. ,,nd shall he hns,~I upon lhc area o f C<'ncMc onun .. --J1:11cl~ :odJac,~ll Ill 1hc 1111111· parcel ·1 - n. All momcs recd, ed h) 1hc Cil )' under 1l11s Chapter shall he plnccd 111 n sepa rate :iccNIIII nnd expenditures thcm,r shall be made only for the purpose of: (\,nstrui:tion. UlSh11hnwn. repair. m.,mtcnnn\!c, 11nprl"l\~"1ncnt. replaccmt:nt nnJ re,:onstrueuon of pubhc concrcte in the Cit) and all other facilitie, n,-CC>sar) 10 adt'quatcl) P"" ide for 1ranspona1100 111 1l1r Cit), Funding of all CllSIS. including hut 001 hmnc-d 10 ndmmistrau,c costs. ,1udics. equ1pme111. cnn,ulln111s. laboratory testing. personnel coSIS . and system improvements. needed 10 complete the studies nnd manngemem programs ncccssnry 10 hring 1he co ncrc1e wi1hin the riglu-of-wny of the public streets into complin nce wit h all Stole a nd Federa l regu lations and the requirements of the Cny as contained herein. 3. Reimbwsmg of other Cny fund di,isions for expenses incurred in the operation. repair and mai111rnanec of the concrete withm the nght-of-way of the public streets. All rcimburst-ments must be pmpc,n1onal 10 services rendered b) other dcpanmcnts. and. likewise. pmpon,onal credits shall be received for services rendered to other depanmcnts b:, the concrete utility. ('. TI1c Englewood Cit y Counci l hereby gives approval for cs1nbli shmen1 of a concrete utility users fee ef!ll"'8R aH~ eight l~Hllts ee1'1s f,0.018) per s~s•re feat af ee 1,ere1e per a1tt1uttl which shall be fixed hY resolutlOO gf C'itx Council, D. Tite Cit} may pledge Concrete U1iltty En1C1pnse Fund fees collec1ed under this Chapter. and those an1icipa1cd 10 be collcctrd. 10 the retlfcmcm of the pnncipal and mtcrcst of rcn:nuc or 11eneral obligation bonds issued b) the City for financing ony of the acti,·itics of this Chnpter. E. TI,c City may pledge Concrete Utilit y Enterprise Fund fees collected under th is Chapter. and those anti cipntc-d 10 be colk-ctcd. 10 pnnicipntc with other public c11111ics. hnving a conunon int erest . in concrete utility proJccts. ~ Snfetv Clau.<s.'<. The C11y Council hereby linds. dcternuncs. nnd declares that tins Ordinance ,s promulgated under the general poltcc po"er of the City of En{!lewood. that it ts promulgated for the health. s.1fe1y. and "el fare of the public. ond thnl this Onhnancc is necessary for the prcserva11on of health and s.1fety nod for the protccll<'n of public con,cnicnce and \\el fa re. The Cny Council fun her dc1cm1mes that the Ordinnncc hears n rn11onnl rela11on 10 the proper legislative obJCCI sought 10 be obtnined. ~ Severnbilitv. lf nny cl(I U<e. sentence. parngrnph. or part of this Ord inance or the apphco11on 1hcrcof10 art)' person or circumstances shall for any rc:i.,on be adjudged by a Cl'un of competent jurisd1c1ion invahd. such judgmc'111 shall not affect. impair l'I' 10\'ahdate the ren1o1inJcr ,,f 1h1> Ordmaoce or its applica11on 10 other persons ,,r ClfCUll\Sl3UCCS. ~ lncnnsis1cn1 Onhnnnccs. All other Ord111nnct$ or ,x,nio1Ls thereof mcons1s1en1 or con0ic1111g with this Ordmance or any pon,on hereof arc hereby repealed 10 the extent of such inconsistency or conllic1. -2 - • • • • • • Section 51 Ffft."CI uf re1wr.l ('[ m,,d1Q .. ·allfll), n1c rqtt..\ll ur n1<'thfo.:a1iun ,,f ~tn) pro, 1S1nn uf 1hc Code of 1hc Cuy of En~l"''",d by 1h1, Ordma"'c ,hall not release. e"<tmgui!ih. alt~r. modify. or chlnge m "hole t'r m p,1n :m~ penally. forfcnun:. nr hnb1hl). cnhcr Cl\ 11 or cnn11nal, "h1ch ,hall ha-,~ incurred undcr i;uch rrn\'ision. nnd each provis ion shal l be 1rcn1cd and held ns ,ull rcn;aming ,n force fi,r tht• purpu;cs of sus1ainmg any and all proper ncuons. sui1s. pr.'.'CIX'llmgs. and pmsecu1ion~ l\•r the cnforccmem <•fthc pcnnhi·. forfeiture . .-r linh1l11y. n, "ell as for 1hc purpose of su,1aininy any JuJ~'l1lCnl. d,-crcc. or order wluch can or 11~1)' be rendered. entered. or nrnde m such 3c1ions, suns. procet..-ding-i:. or prosecu1ions. Secupn 6. ~ The Pcnnhy Pro,ision c,f Secuc,n 1-1-1 !'.MC shall appl) 10 c"Och and C\'Cf) ,iolation c,f 1his Ordmance. lnuoduced. read in full. and pa>Sed ,,n firs1 rcadin~ on 1hc 201h day afOctobcr. 2008. Published as a Bill fonn Ordinance m the Cuy·s officinl nc" spaper on the 2-1'11 day of Oc1obcr. 2008. Published ns a Bill for nn Ordinance on 1hc Ci1y's 11fficinl wchsite beginning on 1he 22nd day of Oc1obcr. 2008 for 1luny (30) days. J•= i.... Woodward. Mayor AITES'r: Loucrimio A. Ell is. City Clerk I. Loucrishia A. Ellis. City Clcl'k of the Cll)' of f:nglewood. roloratlo. hereby cen ify 1hn1 1hc abo,c and foregoing is o lr\lc copy of• 8111 for on Ordinan,;c, m1roducro. n:ad in full, and passed on first rending on the 201h day of Octohcr. 1008. I ~ucrbluo /\. Ellis -3 - • • • BY ,\L1 I IIORI I Y ORDNANC'ENO Sl:RIES OF :!llO~ COUNCIL 1111.l. NO. 61 l:S.'l RODL'Cl:D BY COL'NCIL ~11:~IBER WILSON AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF F.NGI.E WOOD. COLORADO, FOR THE FISCAL YEAR 200'I. \lllEREAS, pursU3nt 10 1hc pm, isions of Pan I. Anick X. of the Chancr of lhc C'il) of Engle" ood. Colorado. a budget for the fiscal year 2009 \\'3S duly submiucd by the City \1anager 10 the City Council before Sq,i.-.nber 15. 2008: and \111EREAS, a public h<:inngon said budget was held by the Cily Council within 1hrec weeks nficrns submission n11he meeting of the C11y Counci l on Scp1cmher 15. 2008. Regular notice of the time and pl3Ce of said hearing was published within se,·en days afier submission of the budget in 1hc manner provided in the Chnncr for the publicnuon of on ordinance; and l~llEREAS, the Cny Council of 1he Ci1y of Fnglewa<>d has studied and discussed the budget on numerous occasions: and WHEREAS, ii is the imcm of the City Council 10 adopt lhc 2009 budget os now subm111cd. NOW, THEREFORE. BE IT ORDAINED OY TI➔E CITY COUNCI L OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: ~-That the budget of the C'iryof Englewood, Color3do. for the liscal year 2009. as suhmittcd by the City Manager and dul) considered by the Cny Council af,er public heanng. be and hereby is adopted as the budget for the Ci ty of Englewood for the fiscal year 1009. ~-GENERAL FUND Total Fund Oulancc. Januory I. W09 S:i !cs 1Jse Ta., l'rnpcny and Spec, lie Owncrslup To, Franchise Occup,1t1C1n C1g.arc11c ra, l.iccnsc..Pcnni1s hllcrgO\ cmmental Re, cnue Charges for Sm·\'iccs Cultural & Recreation Fin,-s & Forfciturc-s l111crcs1 Mtscellancous 2009 BUDGET S I 0.362.859 C\'I! UCS 23.632.500 3.343.000 2.879.56-l 576,907 991,448 3,058.177 2.334.265 1.584.349 372.6 11 m.QOO 11 b I rota! RcH:nucs s 39.1150,7~ I • Other hnan<mg Snul\:c·, 1,481,717 ·1 n1nl S<'urcccs llf Fund~ s 40.531.4~~ E"<12eml11urc!. I cgislat inn 379,853 Cily Manager's Oflice 707.145 C11y Anomey's Office 799.9.17 Mu111c1pal Coon 1.026.917 lluman Resources 560.898 F111 011ce nnd Administrnti,c Ser.ices 1.764.772 lnfonnnuon Technology 1.448.147 Communi1y l)e,·clopmcnl 1.639.615 Public Works 5.523.010 Police 10.538.437 Fire 7.487,169 Libr,. ·,crvices U98.558 Pnrk, nnd Recreauon Sm ices 6.1 17.008 Con1ingencics 60.000 Debt Service 1,993(,82 Tomi Uses of Funds S 41.445 .14S 1'otal Fund Balance. Dc-ccmbcr 31. 2009 s 9.450.149 Section 3. SPECIAL RE\IENUI: FUNDS • CQnscryn 1io 11 Trus1 Fund Fund Ba Ian<:<, January I. 100'9 s 340.241 Rc,a1ucs s 375,000 Expenditures s 464.500 Fund Bnlnncc, D«cmbcr 31. 1009 $ 250.741 ron1mun j1~ QJ:velonm£nt Euml I und Bal ance. Januari 1.1009 $ -0, RC\enucs s 190.000 Expcnduures s ~'!O.IKXI ~unJ Bal31k."e. IJ<-c-,nbcr 3 I. 100Q s ◄•· • p,,,~10, Fund I und llnlnncc. Januai, I. :c Kl'I s ISJ.057 R1.·H"1lUCS s 10-1.600 I \!'<'11'htun.-s s 1~=-7\1 Fund Balnn.:c. D"'cmbt.-r 31. 21Nl'l s .11.S7S Mnll~ C!;n1g: [!y<1 Fund Fund Balanec. Janwiry I. 2009 ~ 252,0~7 l\c,·cnu(.'S s 20.000 fapcndnurcs s 50.000 Fund Bolaocc. December 31. 2009 s 222.087 encb,• ~ll!l Rmi;~1ism !!!!SI Eund Fund 13alnncc. January I. 2009 s 435.641 Revenues s 2S.OOO Expenditures $ 30.000 Fund Balance. December 31. 2009 s 430,641 Onen Spncc fund Fund Oalnncc. January I. W09 s 239.679 Revenues s 758,000 • fapcndi1urcs s 946.955 Fund Bo lance . December 31. 2009 s 50.724 ~ DEBT SERVICE FUNDS G£D~ml Obl!~a1ion ~nd Fund Fund Oalanec. January I. 2009 s I-WA02 Rcwnucs s 995.000 1_,pendnurcs s I.I I0.32v Fund llnlaocc. December 31. 2009 s 2S.OS2 ~ CAl'I I AL l'I\OJl:CT fUNDS l'uhh£ lmcm,~llh'"' tu1!!1 Fund llnlancc. January I. 200~ s 286.688 Rc\cnucs s 2.098.000 bpcndnurcs and Transrcrs s 1.QJ2.0S2 Fund Onlancc. December 31. :0<19 s 4S2M6 • 3 C:t[!irnJ Proj~~I'.\ Fu1)ij • l'und Dolancc. Janunl) I. 1009 s 410.S:IO R~\ cnuc:s and I rnn~(c:r., In s 154.370 r-,pcnd11urcs s m.100 l'und Oalnnce. December 31, 2009 s 150.000 ~ El\TERPRISE FUNDS \\'a1cr fund fund Ou lance. Ja nuary I, 2009 s 2,973,635 RC\"C11UCS S 10,045.,106 fapendnures s 9,578.1 15 Fund Balance, 0<-c?mber 31, 2009 s 3.440.92~ Sewer Fund fund Bnlancc. Jununry 1. 2009 s 5,953,984 RC\'CllUCS S 13.487,619 Expendilurcs S 15.231.64S Fund Balance. ~.mber 31. 2009 s 4.209.868 ~,omi '2!!1!ll!Q~ Fu!J!I Fund Balance, Janunl) I, 2009 s 862.103 • Re,enues s 358.724 fapendi1ures s 346,154 Fund Oalancc. December 31. 2009 s n4.773 Oolf Course Fund Fund Bnlnnce, Jonunry 1. 2009 s 515.285 Re,enucs s 2,252.596 Expcndnurcs s 2,0%,470 Fund Balance. December.' I. 2009 s 671.411 Co!!!iretc U11l1t~ Fund Fund Balance. Janual)· I. 2009 s H6.342 Revenues s 771.200 Expend itures s 720.095 Fund Bnlancc. Da:cmbcr 31, 2009 s 397.447 1:lousj1111, R~h11bilitn1i~D Fun~ Fund Balance. Janual) I, 200? s 731.123 Rc\'COUCS s 1.343.937 Expenditu res s 1.752 .240 • Fund llalan·:c. Oeccmbcr 31. 2009 $ 322,920 4 • • • Scc1ie11 7. 11\Tl:RN.-\l SER,"ICt, I Llt\DS C\ptraJ Service, Fund Fund Balance. Janual)· I. ~009 s IH.287 Rc,cnuc~ s 386.400 Fxpcnditures s ~56.JS'l I und Balance. December 3 I. 2009 s 77.298 5cn1cc0Jcr Fund Fund Balance. January I. 2009 s ~27.271 Revenues s 1.215.901 Expcnduurcs s 2,321.815 Fund Balance. December 31. 2009 s 321.357 Cpnital E.guin111en1 RgilDccmc111 Fund Fund Balance, January I, 2009 s 1,124.282 Re,enucs s 751.229 Expenditures s 1.637.164 Fund Balance, December 31 . 2009 s 23S.347 R1~k Mm1ageme111 l·und Fund Balance. January I. 2009 s 1,00 1.996 Rcscnues s 1,130.407 Expenditures s 1.232.688 Fund Balance. December 31. ~009 s 1,o<J9.7l5 Emotaycc Benefits Fund Fund Balance. Janunry I. 2009 s 614.701 Rc,·enucs s 5.345.923 Expenditures s 5,799.265 Fund Balance. December .11. 2009 s l61J59 Sc,1io11 ~-That the said budgl1 >lmll he a puhhc reconl in the office of the Cuy Cl,:rk and sl~,11 he oren 10 public iru.p..-ction Suflicicnt copies thcrc.,f ,hall he made av:ulablc for the use l1f the City t"ounc,I nnd the public. the numhc, of cop,c. to be dctemurn:d by the t 11y MaMitcr. lntroducal. rc;id III full. and p.1sscJ on fir.I read in~ on the 6th do~ ,,f Ocrnlx:r, 200~. l'ubhshcd as a 8111 for an Otdmance m the City's official newspaper on the 10'' day of October, 200~ . 5 rubh,hed as a U,11 for an Onhn,,nccon lllc C, C1ltic1al \\L-bsile bcg111mngon 1hc 'Ith Ja) ,,f • Oc11'1,cr. 100S h•r 1lun) 1,0l Ja>•· Read b) 111k 31tJ pa;><.-d on final radmi,, on 11., . day of October. 2008. Puhh•hcJ b> rnle m 1he t'11)'·• ,,fficial ne\\spaJ><'f as OrJinan.:< No._. Serie, of !OOS. '"' the !~lh da) or Oc1oocr. lO0S fames K. Woodward. Mayor A1"rE5T: Loucrislu11 A. Ellis. Ci ty Clerk I. l.oucri~hio A. Elli s. Cit y Clerk of 1he Ci!)' of Englewood. Colorado. hereby cenify 1hat the abo\'c and foregoin g is a 1rue copy or 1hc Ordinance passed on liital reading ond published by 1itlc ns Ordinnncc No._. Series of!00S . Loucrishia A. Ellis 6 • • • • • ORDINANCE NO sr:R1r:s OF wos HY ,\l I llllRI I \' COLNCIL BIi i ~O 5S INTRODlJCrtl IIY COUNCI L ~11:~lllER ~kt'ASLIN AN ORDINANCE APPROPRIATING MONIES FOR ALL MUN ICH AL PURPOSE:, IN THE CITY OF ENGi E\\'000, COLORADO, FOR THE HSCA I YEAR Ol·GINNINCl JA.,UARY I. 2009, AND ENDING DECEMBER 31. 2009, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPR IA rlON Bil L FOR TIIE FISCAL YEAR 2009, \\'1 IEREAS, Ctt)' Cooncil and -raff held • 2008 hudgct and i;rol setting mcctin~ on January 2S. 2008: and \\ IIERE.\S, o pubhc hcoring on the PropoS<.-d 2()(1'1 Budget "as held September 15. 2008: and WIIEREAS. the operating budgets and ~lulliple Year Capi1nl Pion for all C it y dcpanmcnts and fund., were re,·1C\\ed at a budget retreat held on September 20, 200S: and WIIEREAS. the Chancr of the Ci1y ofEnglcwood requires 1he Cily Council 10 odopt bills fo r ordinances adopting the Budg,1 and Appropnotion Ordinance no later 11~,n thi ny days prior 10 1hc first day of the ne" fiscal year, ·ow. THEREFORE, BE IT O RDAINED B\' T II E CIT Y COUNC IL OF TII E CITY OF ENG LEWOOO, COi.ORA DO, AS FOLLOWS: ~-I hal there be: and 1hcrc hcrd,y is nppmpriai.-d fmm 1he rc,cnuc dcm·•-d from ta~a11on in the Cny of Engle" ood, Colorado. from collcc11on <1f hccnsc fees and from all other sources of rc\'Cn11c including a\lulablc fund balnnce!I dunng 1hc yt-ar bcgnuung Jnnunry I. 2009, and ending Dccct:tber 31, 2009. the nmoums herc ina0cr set fonh fo r 1hc ohjcc1 nnd purpose SJ><.-C11ied and Set oppos11c 1hcrcto, specifically n, follo"s: L<-g1slmio11 City Managds Ollicc CU) ,\nomc)"s Onicc Municipal Coun llunmn Resc,un.·c~ Finance anJ Ad11unistr.i11,·c Sen 1c,.,. lnfon11at10n rcchnolo~y Co111111un i1y Dc\'dc,pmcm Puhhc Works l'ohcc Fire Library Sen 1cc; Parks and Rccreauon Sen ices Cont1n~cncic~ GENERAL FUND 37'>,S5) 707,145 7Cl9,'137 1.026.917 5(J(l,S98 l.7~.772 1,-1-1~.l-17 1,639,615 5,523,010 10.538,-137 7.487, I 69 1.398.558 6.117,00S 60,000 11 bii Dehl s ... 'r'\lt..'l' c,, IC Center Debi Sen ,~e 01her <ii \FR.\I OBI JOA 1 ION rm:s:p rc:-ip s Total Consenaiion Tru,1 Fund C'ONSFR\',\J ION TRUST [UlsD s CQMMUNITI' l>fVELOPMENT FUND Tolol C'ommunily De,clopmcm Fund DONORS FUND Toial D,,nors Fund s MAI.Liff Cl:N] l·R [R UST FUND Toial Mnlky Cenicr Trus1 Fund PARKS AND RFCREATION TRUST FUND Tom i !'arks nud Rccrcuuon ·1 rusl fund s Ol'EN Sl'AC'F l·UND l'o1ol Open Sp.ice Fund l'Ullt IC IMPRO\'EMI t\"f I \rND To1ol l'ublic hnpm,cmcnl Fmkl s CAP) [/\I. l'ROJEC] S FUNP s WATER !·LIND 2 U7~.0CII I 41~ tt,1_ 1.110.J~ll 46-1.500 290.000 255. 7~2 50,(kXl 30.000 l.9}2.052 525.WO • • • fo1ol S10011 l>ram3gc I und T01a l GotrCourst Fund Tomi Ct•ncrctc U111i1 y Fund s S roRM DRAIN;\GI; fl':,,.D s GOLF COURSE FUN D s CONCRETE UTtLm' FUND s HOUS ING REl!AfllLITATI ON FUND fotal Hou,ong Rcl111bi li1111ion Fund S To1ol C:<inml Scnices ~und l ,,1al Scn·iCcn1cr Fund CFNTRAL SE RVICES FUND s SElt\'lCENTER FUND s CAPI l AL l:OU IPM l·NT REPLAC'H\IHff FUNQ 957Kl 15 2.0%.-170 720.095 1.752.2 40 456,3S9 T,~.11 l'op,101 rqu1p111c,11 Rcplaccmc,n Fund S 1,6.H , 1(,.1 RISK MANA<iE~IHfl FUND TNnl Ris , M:mai;cmcnt Fund S 1.m.6SS HIP! OYEE Bl;NFFITS) l ''sD T,,101 l'mployec Bcnelil< l·und Scc\ion 2. The foregoing appropri111ions shall be considered to he appr,,pnM1nn1 10 gwups "11hm a program or dcpanmem w11hm the fund mdica1cd bu1 ,hall no1 be con,1rucd 10 be appropnnic'II 10 hne ucms "i1hm an)' ~roup,. C\ en 1hough such hne uem, 111,~~ he SCI fonh •• the adop1cd budget for 1he fiscol )ear ~009 . ~-All morues m the hands of the Director of Fmancc and Admimstrall\'C Sm ices, or to come m10 1he Direc1or's hands for 1hc liscal year 2009. may be appheJ on 1he ou1,1anding claims now due or w hccome due in 1hc sa,d fiscal year of 21)09. s,:i:1ion 4. All uoappropna1cd mon,o lha1 111:l) •-.,me 11110 1hc hands or lhe Dir.-clor of Fmance and Adm111istrn11ve Services during the year 2009, may be so dis1nbu1cd nmong 1hc respec1ivc funds herein as 1hc City Council may deem best under such conirol os 1s 1no\'idcd by law. ~-During or n1 1hc clo,c of 1he Ii seal year of WOS. any surplus morn:y m any of 1hc resp<.-c tive funds, niter all cln,ms for 2008 against 1hc some have been pnld. nl:ly be dis1rihu1ed 10 any 01hcr fund or funds 011he discrc1ion of1hc Chy Council. ln1roduccd. rend m full, nnd passed on fir..1 ro:.1d111g nn 1he 61h day ofOc1obcr. 200S. Published as a Bill ror an Ordinance in 1hc City's or1icinl newspaper on the IOd' day Oc1obcr. 200S . Puhlishs-d as a Bill for an Ordinance on 1he Cily"s '1fficia l wcbsi1c bcl!innml! on !he 81h day of Oc1(1bcr. 2008 for lhllt)' (30) 113)'5. Read h)• 1i1le and pn»t-d on fina l rcadmg on the 20'1' day of0clobcr.100S. Published by llllc in 1hc C11y's C1fficinl newspaper O> Ordinance No._, Scnes of 2008. on the 241h da) ofOc1obcr. :oos. James K. \\'c.xh.ard. Mn)"or ATTEST · Loucnslna A Flh,. CU) C'lcrk I, Loucrishin A. Ellis. Cil) Clerk t'f 1l1c C"i1y or EnglcwtXxl, C'olnrnd,,, hcrchy ccnify 1hnt 1hc nhmc and foregoing is a 1ruc cor} of1hc Ordinance passed on final reading and published hy 111k as Ordinance 1'0. _. Series of 200S. Loucnslua A. Hhs • • • • • • II\ \l 11101<1 I Y ORl)INANCE NO. SI 1(11 S nr 2(~1S cm ,rn nu 1 ~o w 11' IIWDlTI I> l!Yl Ill :--:UL \II \1131-1{ l'I ,,;-.i AN ORDINA:-lt'I, AIXll'TIJI.G I I It Bl DUE i I OR I I IE 11 n I I· I ON ENGLEWOOD WASTEWATER TREATMENT Pl.ANT FOR THE FISCAL Yh\R ]009. WI IFREAS. pursuam w 1hc promi,ms nf nn ngrccmcm bet" ccn th~ C'tl) of Lmlc1,,n. c,,lorado. 1111d 1hc: Cn} ,,f Engk""',J· Colomuo •• 1 budge! for 1hc fiscal year 2009 was duly nppnwed 11> 1hc L111lc1,wl:nglc"11od \\'o,tcwmcr Trc:almcm l'lam Supc:rn,o<) C<1mmmcc on Au~'USI 20. WO~ ond suhmiu,,J 10 the Cny Council: ond \\'IIERl'AS. o puhhc h,-armg on said t>udgct was held by 1hc Cny Council within three weeks a lier 11s ,ubnuss1011 ,,11 Scptcmb.:r R. 100N. The hcarmg "·as held al the mccung ,,fCII) Council <111 September 15. 200S. regular no1icc of the tune and place of .nid hearing having been published \\ i1h 111 seven days after the submission r,f lhc buJg,1 111 lhc manner pro, 1tkd m the Chan er fur the puhlicatiM ofan ordinance: ond WIIEREAS. 1hc C11y Council uf 1hc Cily of Fnglc\\'(J(,d, ns 1hc ndmin1>1cring au1h.-r11y for 1hc l.111lctott Engkw,..,,d \I ,l>IC\\ alcr Tro:n1m:n1 Plnm. ha, siud1cJ 1hc hudg<1 t•n 11u111crou, occas1on, • and \\'II FREAS. ii is 1hc inlcnl of lhc C'i1y Council 10 ad,•pt 1hc 2<X19 hud~cl fori he I 111kmn.l:11glc\\1"-xf \\'n;1c\\:IIL-rTn.-.111ien1 l'la111 as 111>\\ ,ubm111,-J. NO\\'. 1 I IEKEFOKE. Bl: Ir ORDAINLD IW Tl II C'ffY COUNCIi. OF 1111: CII Y 01· l'N(il l,\\'()01). C'OLORAOO. AS l'O I LOWS: SL'Cli11n I. l'hnl 1hc hud gcl of1hc Li11lc1on/Fngb-c1<.•J \Vas1cwn1crTrc.111n,111 Plam for 1hc fiscnl ycnr 2009. as ,uh111111cJ by 1hc l.111k1on l'ngk'\HKKI \\'asicw:1u,rTreatmc'ftl Pl:1111 Sul"'l'\iS<•I') (\>1111ni11,•c nnd July c1•1L~idcrcd by 1hc l'ny Couuctl nllcr puhltc hcarmg. is hereby ad1•p1c-J n, the bud~cl for 1hc I 111k1nn I ng!c\\ooJ \\'aSIL'\\3IL'< I n:;11111<.111 Pl,11\1 for lhc fiscal }car 1(~19. as fi,lhl\\s· Li11h•rn11/t:11r:lru.,,,,d U a'ftl'H'Utrr Trrutm,•11r Plallf l'unJ ll31an,:c J.111U3<) I. ~IN~) Kl'\C.1\Ul'S I ,1>erid1111rcs FunJ ft1l:111cc llccc111hcr ~I. 2011'1 115.1,7.J lb.]7.J,612 l/,.2".J.612 115,67.J 11 b iii S<'Ct11111 !. Th.it th< ,,;uJ huJge1 a, :i..,q,i,-J "'311 be• ruhh.: r,,wJ ,n 1hc Ollke <'1th,: CII) Ck-rl. and ,h;ul l>e ,,pcn to pubhc in.,PL"CIK'II Sufficient c,,p1,.., 1hc«'<'r ,h.ill he nwc a, atlahlc for the use 0(111< C:ui c,,unc,1 .ind the public. the number of cop•<>-i., he J,1mmn,-d h) the t·nr Mnnager lnuoduc,ed. read m full. and passed on fir..1 rcadmp on the 61h dJ) ofOc1tw. ~IOS. Publi,hed ns a 8111 for on Ordinance m 1hc, Cu) ·s offic,ol 11e\1Sp:lpel' on the Jo" dny o(Octob..'1'. 1008. Pubh;hed as• Bill for an Onhnancc on thc Ctt)•'s o0icial wcbsnc bei.,mnmgon the Sth day of October. !00S for thiny 130) days. Read by mle nnd p;,ssc:d oo final reading on the 20• day or October. ~oos. Pubh,hed b) mlc in the C'uy's officul ncwsi: per JS Onhnarn:c No _. Sen,.,. onoos. on the !~th da)• ofOctobcr.100S. Janl<S K. Woodwanl. Ma)or \TIEST: Loucn>hia A. Ellis. C'ny C'lm I, Loucnshm A. Elhs. C'uy C1m of the Cll) of Engl~ood. Colorado. hcrcb)' ccn,fy th.it the nbo,c nnd f<>rq.-omp 1s I truc copy of the Ordi1~11lL'C 1msscd on final rending and published b) title as Onhnancc No ._. Series of100R. I oucmhia A rll15 • • • • • • ORDINANCF NO, SERIES OF 200S 13\' \l I IIORI I\' t'OU~l'IL Bil I I\( 1 bO 11\'TRODUC'Hl IW C'OU'lil'IL Ml:~IBER \k("ASI I~ AN ORDINANCL Al'PROl'RIATLNG ~I ONl~.S IOR TIIE LITTLI: l(>N ENGLEWOOD \\'ASTEIVATER TREATMENT PLANT PURPOSES INTiiEFISCAL YEAR BEGINNING JANUARY I. 2009. AND h\JDING DECEMBER 31, W09, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR Tl-Ill FISC' AL YEAR 2009, \\'II EREAS. the C111es of Englewood and' i11k11,n cntctcd onto a contrnco to build. nmin1oin. and operate n j,,int Wns1cwo1crTreatmcnt Pli.1ot fnc1h1y: nnd WHEREAS. the opcrauons. mclu,hn~ b<klgCI n1J1tcrs. oflhisJntnt foc,lit> ore o,m..--.:n by the Supcr"'SOCJ' Committee: and WHEREAS. the C'11y of Englewood vpemtes the Lm lct:m/Engle\\01.>d IVn,1c,-ntcr Trc.11111en1 Plant under the control of the Supervisory Comm11tcs: nnd WH EREAS. the Littleton Englewood Wns1ewn1cr Treatment Plont has its own fund for operatio ns and m .. 11ntcnance: and WII EREAS, 1hc Supeni..il) Conumnc,; ~ppn,i.-d the frt•, • m~ •· th• 2009 nrrropnauons al the Au!!IJSt 20. 2008 mcctmg. NOW. Tlll,REF()RE. DE rr ORDAINED BY 1 IIE CITY C'OUNCIL ()I 1111: ("IT\' OF FNGLEIVOOO. COLORADO. AS FO i LOWS: Wl!!IJ.. Thnt 1mrsuno1110 the Li11lc1001 l:ng lcwood Wastcwo1e rTrca11ncnt Pla111 agrcemc111. there be and hereby ,s nppropriated from the rc1'cn·1c dcril'rd from operation or the Liulcton/1:ni;lewood Wastewater Trca11uc111 Plant III the Cny of Englewood. Ct>lomdo. aixl from all other sources 11f rc1enue in the 1.i11lcton Eni.lC\llllxl IVaslC\\'Ol<T T rcatmcnt Plant Fund includini: available fund l,1lancc during the >·car bc~n111111g Jamury I. 1009. and <.1xl111g O.,,;unbcr 31. 2009. the amounts hercin.1ficr set fonh for the obJect anti purrose specified a, follnws foial I 111k1nn L·.nglc11,>0d \\"a;tc\\,ttcrlrc.11111c111 l'la111 I und S 11,.174.b 11 lntwduced, rea d III full. uud pas,-,J on lirsl rc:1d 111~ 1111 the 6th day ,,q l\:tobcr. 11~1$. Publ"h<.-d ns n lhll li>r an Ordinance 111 the l"1t)°s ofli<ml nc~•,pap<.T 011 the Ill'' <l•> of Octoocr. 1tMIS 11 b iv Puhh,hcJ as a 13,11 for an OrJmance on 1hc CII) ·s ,,11k1.1! \\Chsi1c 1,eµinning 11111he S"' da) of • Oc1ob..-r. lOO~ for 1l11n) {30) da), Rend hy ti1le nnd p:isscd 011 finnl readi ng on the 20~ dn)' ,,fOch >~ .r. 2008. Published b) 111le m 1h: C1I) 's ofli<:,al """'•paper a, OrJmance :-:o _. Scncs of 1008. on 1hc ~~lh day of Oc1obcr. 100S. James K. Woooward. Mny11r ATTEST Loucrishia A. Ellis, Ci1 y Clerk I. Loucnshia A. Ellis, City Clcrl of the CU) ufEni,.l<\\ood, Colorndo, hereby m11fy that the nbo, e nod foregoing is a true copy of the Ordinance passed on final read mg and published by title as Ordinance No._, Series of 2008. l.oucn•hia A. Fllir • • • • • COU NCIL COMM UNIC ,HION Date: Agenda Item: Subject: Octoher :,1, :n08 llu Supplemental App,opn,,uon 111 Funds ror Ugh1111!( ln·prO\ ements, Con .. ri:te and Electncal Rep,11r1 and Hc>lrda, Dec oratrnns rrom 1he L.tndscape and Frne Ar1 Funds lniliated 8): I Staff Sou rce: Department or Finance and Ad111inls1ra1ive Se" rces Frank Grygle\\icz, Di rector COUNCIL GOAL ANO PREVIOUS COUNCIL <\CTION The Crt) Council has discussed this ,ssue at Stud) St<sions on F~brual'\' 11 and Aprrl 14, 1008. At the Budget Re treal held on September W, W08, C11y ,ouncd dilected st,,tf 10 prepare a supplemental appropriation oi $69.000 1or llgh1lng lmpn,ements (globes). electric,11 and con,,ete repairs an c: holiday decorations. RECOMMENDED ACTION Staff recommends Coty Council app,O\e the ,llldched Supplemenldl Rt>solution appropnatrng 569,000 from the Landscape and Fine Arts Fund tor hw,trng rmprO\ ements and holiday decorations. BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The Lan dscape and Fine Arts Fund ,, ,11 crealed to account for funds collecled from properly O\\ ners in heu ol prO\ iding 1,mdscaping ,,s re<1wred by Ordinance 1, Series of 1984. The funds accumulated can he used 101 ·beaullfteatron ol the public dreas dS detenrnncd b1 the leg,slat" e bod\ The funds" ,II be used 101. S 1 ~.000 tor hol1d,1y lightrng. S 17,000 lor elt'clrkal .,nd concrete rep,ms. and $~7.000 ror globe repl.1eeonen 1s 0r1 8ro,1d\\a) The Sou th Engle\\OOd 8road\,a1 Business lmprO\ enwnt Dl1tric 1 wi ll suppo rt tl1e prnj~c t h1 providing up 10 Si,000 In 1undh1g. The fotlow,n~ 1llus1r,1 1e1 the 11,msler and use of fund,: GENE RAL FUND SOIJRCE OF FUNDS: Land1cape and Fine Arts Fund Balance S69,000 USE OF FUNDS: Tr,,n11e r ()u 1 to 1he Pu blic lmprm emenl Fun d $69,0(1() PUBLIC IMP ROVEMENT FUND SOU RCE OF FUNDS: Tran,ier In Frcm G~neral Fund USE OF FUNDS: Llghung. Concrete, Eleclrical Repairs and Holiday Decorauoru FI NANCIAL IMPACT S&q_ooo $69,000 T'1issupplemen1al appropriation \\ill lea\e S6.011.14 In lhe Landsc,1pe and Fine Arts Fund, LI ST OF ATTACHMENTS Proposed Rl'Solution • • • )/~;· • llliSOLUI ION l\O SrRII S OF :oo~ • • \ RESULL:TIO' TR.\\'SI l:RRll'-111 U'\DS I RCl~I I II E L\\'DSC.\PI· A:-.D I !NI .\Rl S FUND TO TMF. PUBLIC IMPROVEMl:.N I l·UNU FOR LIGHTINU IMPROVl,MEN'I S, ('()\'CRE IE A)\0 El l·CTR IC\I REPAIRS ,\ '\I) 11 0 1 IOAY Ol'COR.\1 IONS. I\ Ill REAS. the I anJ...:Ji'"' and I me \n, fund \13> cr,-at,-d 1,•.1<«1un1 for hmJ,coll,,:t,'tl lnmt pr,'11CM) l"' ners m lieu of rr01 ,dong land,.,-apmg a, n."lutr,'<i h) Or-J,n.1ncc 'lo . 2. Scncs ol I 118-1 ; nnJ \\1 IFREAS: the funds nccumulated can he used for "hcou11fica 11on nf Ilic public ,rcas ,, dct cnni ncd by the lcg1>loti\c h<ldy". and \\11EREAS. the pn,sngc ofllus Resoluuon "111 allow for o supplemcntnl apprr ,iii,on of 569.000 for hghtmg 1mpro, cments (globes). ell'l!tncal and concrc1c n.-pa1rs and h, ,:,, u·,nr:ttl(ln<; nnd 11'II EREAS, the fu nds 11111 be used for: $12.000 for hohJ;,y h~h1 111g: $17.000 (or ckctncal and concrete repairs: and $47 .000 fo r globe replnccmc111s 1111 Broadway: nnd WHEREAS. thcS<'uth Fngll-uood Bm.idwny Business lmpr<ncmenl l),~nc1 will surr<>n 1hc rmJecl hy pn1'idmg fund< 1n ,h.irc m the co51 for holtdo) hghung: NUW. rH EREFORE. BE IT RESOL \·En BY Tl II' Cm ' COUNCIi OI I I IE cm· OF l·Nlil.EWUOI). COLORAIX>. I Iii\ I : ~-I he City Council ofLhe City ofl'ngk11,~,d. Coloi.11 I,. a ·i ,., the 1mnsfcr cf fund, from the General Fund 10 the l'ublic lmpm,cm,111 l'und. a, folk"'•· GEN t:RAL I UN O SOURC'f. OF FUNDS: I nnd,capc and rinc An, l'unJ Balance l'SF. m· FUN DS: Tmnsfen Out 10 the l'uhhc lrnpro,c111<111 lu1>d PUH i.iC IMPR OVEMENT ►Ul>D SOL'RCE OF FU NDS : rrnnsf,-r, In from 1hc <,cncml Flllld l!St: a.· FUNDS: I 1gl11ing. Concr,1,·. rl<\Clncal Rq,ai" and llolnl.i) J'l,,,:,,, ,n, $(19.IXk) SM.()O(l ~ l he CH) \lmui~c'f .md 1hc Oarec1or of ru-,ncc and Adnum,1ramc Sm 1cc, Jrc herd•) • authm11.J ln ni,lc lhc .11i<ne ch.1ngc>s 10 the ~OOS lludgc1 for the CH) uf Englc~"",J ,\DOPTFO AXD .\PPRO\'CD this !0th da) ofOct00<.-r. ~00\ ATTLSI. James K. \\"oocfoard. Mn)Or Loucn~hi• A. Fllis. Coty Clerk I. l..oucnsh1a A Elhs. City Clerk for 1hc CHy of Englewood. Colorado. hereby centf) 1hc nbO\c ,s n 1ruc copy of Rcsoluu~n No. __ • Sen cs of 100S. Loucrishin A. Ellis. Cny Clerk • • • • • COUNCIL COMM UN ICATION Dal e: Agenda Item: Subject: OLtoh~r ~,1. :008 11 C II Re,oluhon Adopting -\nwndmenls to th,• C1t\ nt lnglewood Police Omcers Pt>ns1on Pl,1 11 Documen t (P lan! Initiated Bi: I Staff Sou rce: DepMtment 01 Fmance and Adm1nis1rall\ e Se" ,ces Frank Gl')gle\\tcZ. Director COUNCI L GOA L AND PREVIOU S COUNCIL ACTION The Cir-, Council approwd Resolution 66. Seril of 2008 app,o, mg the Collect" e Bargaining Ag,eement bel\,een the Englewood Police Benent Association and the Cit\ o{ Engl.-, ood for the l ears 2009 and 2010. RECOMMENDED ACTION Sta fl recnmmend, Cit\ r """'" arpro, P the Mt,,cherl ,,,.,oluhon tor ,,n Adnpt,on Agreement th.it increases thP Cir, of Engl ,, nod ,md employee contnbution to dit> Plan rrnm nine to ten percent BACKGROU rm, ANALYSIS, AND ALTERNATIVES IDENTIFIED TI1e changes proposed increase th e Cir, and emplo1·ees required contrlbu1lon to the Plan The increase \\JS proposed bi the EPBA and ,1pprr,-l'd h1 Gt1 Council IRl'solu tior, 66, Sl'nes 01 2008). FI NANC IAL IMPACT TI1is change lo 1he Police Officers Plan "ill cos1 appro,in1<1 teil $39.000 In 2009 and 111<r~,1'e ,1s \\ages increase o,er time, LI ST OF ATTACHMENTS Proposed Re,ol11t1on ICt,.tA Adoption Agreement • • • RESOLUTION NO. SERlf:S OF ~1-1~ \ RI .SOI LTIO:-S Al,1 IIORI/IMJ .\:-. .\\11•:-0\tll\l t O 1111 K'M \ RI I IRl:~IE:-r CORPORATION GOVERNMENT.\L ~tONFY PURC"IIASE PLAN~ !'RUST ADOPTION AGRl:1:W:Nr FOR fllL ENliLF\\'llOO l'OLIU OI I ll"I RS 401,1 ~tON I-Y l'L'RCHAS I· PLAN (PLAN). \\ I ti Rl:.\S. 1hc Englc\11~,J P,•11« Rcncli1 \,,o,:i.nu•n (l:PIIA) Ct1n1r;1c1 n~'011a11ons pni\lJt.'d for a ,me perccm cmpt,•i•'< con1nhu11on mcr,'.1-.e for F-PH.\ ~mbcrship: and \\'ll~REAS. 1hc EPB,\ mc111bcr.h1p ha, rcque,1cd 1hc cmpk,icc «1111nbu11on he mcr<ascJ b> one pcn:cm: 011d \\ I l~RE.\~. 1hc Plan mc111l.,,:r,l11p con,his of 1'1'131\ members anJ p;•hcc mana£CIIICOI >1aff: and \\11FREAS. a ,01eof 1hc r.PUA mcmb,:rship appro,cJ a Comrncl h>r 20!l'l and 2010 \\h1,h pro, idc, for nn increase ,,f 1•. 111 cc,n1ribu1i,ms dfccli\'e Jnnua') I, 1009. ru,d \\'111.:REAS. 1hc passage of this RcS<>lu1ion nmcnds 1he cxi,1i11g Pinn hy pro,·idi ng o 011c pcrccn1 employer increase (lcn perccnl 101al) and none percent emploicc incrca;e (1cn pcrccn1 1<1t.1I) for Pla11 nicmhcrslup; 1\0\\', IIIEREfORE. IIE Jr RES L\"LO U\' 1111 en Y COL1:S:Cll OF THE CIT\' 0 1' EN\,I FWOOO. COLORAOll, 111 A I · SeC!ion I. TIie Cily Cci(mc1 l nf the Ci1y of Englewood. Co lorado hcrcb) au1hori1.c, an a111cndmc111 10 Ilic ··J('MA Rc11rc111cnt Col]l0ml1M Go-.mmen1al Mone) Purchase Plan & Tru~I Adop11on A~-et11t:n1" for 1h,· l'ni;lcwood Police Olliccrs 401a Mone> l'urcha,c Plan. a cop)' ,,f which ,s mar~ed as ··t:.h1b11 ,,·· and au.ichcJ hc«10. S,·cl)pn ~. The Oirec1or uf l'mancc and i\dnun1>1ro111c Scf\•ie<-,; and t"11y Clerk an· hereby :m1hnr i1cd 1,, sig n nn<l :Uh.'>! ,,ml /\mcndmc111 w 1hc ··fl'MA Rc1ircmc111 ('11~•om1ion Gmeri uncnrnl ~h>nC)' l'urchasc Pla n & f"ru,1 ,\doplion /\µrccmcnl"" ,,11 behalf of the C11y uf Fnglc\\li<'tl \l)Ol'n:o ,\SI) \Pl'RO\TD lh1' lOlh J..y ••fCklohcr. l(l(I~ ,\ I 11.S I · I. I oui.n .. 111,1 \ I ih,. (. n~ l kr~ fr,r 1hc tny t•f l·n~h..,.,l,'4.1. t\,h,ratl,,. hcrch, i:cr'•t~ 1111 Jl'k~\C h :i ln!l' C<'J'I~ ,,1 Kc"'lutn,n !\:o ~,:nc, of ~OOS. • • • • ICMA RETIREMENT CORPORATION GO VERNM EN TAL MONEY PURC HASE PLAN & TR UST ADOPTION AGREEMENT PLA N NUMBER 10-8370 The Employer hereby establishes a Money Purchase Plan and Trust to be known as :ITY <£ !;NGLEWOOD/POUCE (the "Plan") in the form of the ICMA RC Governmental Mone! Purchase Plan and Trust. This Plan is an am endment and restatement of an existing defined contribution monel purchase plan. __ x_ Yes Na • If yes , ple ase specify the name of the defined contribution mo.iey purchase plan wh1:n this Plan hereby ame nds and restates : • CITY OF ENGLEWOOD POLICE PENSION Pl.AN I. Employer. CITY OF ENGLEWOOD II The Effective Date of the Plan shall be the first day of the Plan Year duringwhict the Employer adopts the Plan , unless a•, alternate Effective Date ,s hereby specified _Q1101/19_§§___ Ill Plan Year will mean: IV . ( ) The twelve \ 12) consecullve month period which coinc,d• · ·,r.th the limita tion yea r. (See Section 5.03(g) of the Plan.) ( X) The twelve (12) consecutive month period commencing on 01/01 and each anniv-irsary thereof Norma l Retirement Age s11all be age~ {not lo exceed age 65). V ELIGIBILITY REQUIREMENTS The following group or groups of Employees are ehg1ble to part1c1pate in the Plan All Employees All Full-Time Employees Salaned Employees Non-union Employees Management Employees Public Safety Employees General Employees other (specify be low) ALL POLICE OFFICERS HIRED AFTER 4/711978 The group specified must correspond to a group of the same designation that is defined in the statutes , ordinances, rules, regu lations, personnel manuals or other material in effect in the state or locality of the Employer. • 2. The Employer hereby wa ives or reduces the requi rement of a twe lve (12) mon th Period of Service for participation. The required Pe riod of Service shall be • t:!£8.. (write N/A if an Employee is eligib le to participate upon employment). If this wa iver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3 A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is _l1J1Q__ (not to exceed age 21. Write NIA 1f no minimum age is declared ) VI CO NTRIB UTION PROVISIONS 1. The Employer shall contribute: as follows (choose one). (X) Fixed Employer Contributions With Or With out Mand atory Participant Contributions. The Employer shall contribute on behalf of each Participant _JQJ)_% of Earnings or$ ___ for the Plan Year \Subject lo the limitations of Article V of the Plan). A Participant is required lo contribute (subject to the li mitations of Article V of the Plan) (i) _JQJ)_% of Earnings, • (ii) $ ___ , or (iii) a wh ole percentage of Earnings, as designated by \he Employee in accordance with guidelines and procedures established by the Er.1ployer • • () • () for the Plan Year as a .;0nd1t1on of participation In the Plan (Wnte "O'" 1f no contribution Is requtred ) If Panic1panl Contributions are reqwed under this option, a Participant sha ll not have the 11ght to disconltnue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory/Required Participant Contribution. __x_ Yes No (Note to Employer: Neither an IRS advisory letter nor a determination letter issued lo an adopting Employer is a ruling by the Internal Revenue Service that Participant cont ri butions that are picked up by the Employer are not includable in the Pa11Iclpan t's gross income for federal income tax pu,poses. The Emp loyer may seek such a ru ling. Picke d :.., contributions are excludable from the Participant's gross income un der sectio n 414(h)(2) of the Internal Revenue Code oi 1 986 only if they meet th e requirements of Rev. Ruis . 8 1-35 and 81 -36, 1981-1 C.B. 255, and 87-10, 1987-1 C.B. 136. Those requirements are ( 1) that the Employer must specify that the contributions, although designated as employee con tributions , are being paid by the Employer in lieu of contributions by the employee; (2) the employee must not have the oplion of receiving the contributed amounts directty instead of having them paid by the Employer to the plan: and (3) the required specification of designa ted employee contributions must be completed before the period to which such contnbutions relate.) Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant-~• of Earnings for the Plan Year (subject to the limltations of Article V of the Plan) for each Plan Year that such Parti::ipant has contributed __ % of Earnings or$ __ . Under this option, there. is a sing le, fixed rat.e of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer conlribution will be made on the Participant's behalf in l hat Plan Year. Variable Employer Match Of Participant Contributions . The Employer shall contribute on beha lf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan). __ % of the contributiors made by tne Participant fur the Plan Year ('lot including Participant conhibutions exceed•'lg __ % o' Earnings ors. ___ .., PLUS __ % of the contributions made by the Pa1icipant for the Plan Year in excess of those included in the above paragr~ph (b ut not including Part1apant contributions exceeding in the aggregate __ % or Earnings or s ___ _, Employer Contribubons on behalf of a Participant for a Plan Year shall not exceed $ ___ or __ % of Earnings, whichever 1s more or less, 2. Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan . 1_ Yes No 3. Em')loyer cc.11lrlbutlons and Participant contributions shall be contributed to the Trust m accordance with the foliowing payment schedule: Bl.WEEKLY VII . EARNIN'.;S Earnings, as defined under Section 2 09 of the Plan, shall include. (a) Overtime Yes l No (b) Bonuses Yes L No VIII UMlrATION ON ALLOCATIONS If the Employer main tains or ever maintained another qualified plan rn which any Participant in this Plan 1s (or was) a participant or could possibly become a participan t. the Employer hereby agrees to limit contributions to c1II such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contnbuhon plan maintained by the Employer, the provisions of Section 5 02(a) through (f) of the Pian will app!y unless another method has been 1na1c::ited below. • • • • • • ( ) Other Method (Provide the method under which the plans w,I limit total A'1nual Additions 10 the Maximum Permissible Amount. and will properly reduce any excess amounts, in a manner tha t precludes Employer discretion.) 2. The limitation year is the following 12-consecutive month period: __ IX VESTING PRvVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting req.iirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Comoleted Zero One Two Three Four Five Six Seven Eight Nine Ten Percent Vesting ..Q.QQ_ % 0 .00 % ..Q.QQ_ % 20.00 % _40.00 % 60.00 % 80.00 % _j.QMQ% 100.00 % 100 00 % 100.00 % X. Loans are permitted under the Plan , as provided in Article XIII. ___x_ Yes No XI The Employer hereby attests that 11 IS a unit of state or local government or an agency or instrum,in tality of one or more units of state or loca l government. XI I. The Plan Ad1'1inlstrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abando nment of the Plan . XIII The Employer hereby appoints the: ICMA RC as the Plan Administrator pursuant to the • terms and condrltons of the ICMA RC GOVERNMENTAL MONEY PURCHASE PLAN & TRUST The Employer hereby ag, ees 10 the prov1s1ons of the Plan and Trust XIV The Employer hereby acknowledges rt understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XV An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified unde· section 401 of the Internal Revenue Code. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this __ day of ______ • 200_. EMPLOYER ICMARC By: By: Title: TIiie: Attest: Attest: • • • Rocky Mountain Rail Authority C~y of Englewood A~minis1n11ion Building 1000 Englewood Parkway Englewood, CO 8011 U ubj cc t: Reminder of anticipated 2009 contribution Dear Member of the Rocky Mountain Rail Authority , Oc10bcr I 0. 2008 As chairman of the Board of Directors I wou ld like to thank you for your pm1icipation in the Authority" activities and financial suppmt during the last two years . We have accomplished many things and your ronlributions have been invaluable. I would like to provide a gentle reminder that the Authority's missi:m has not been completed yet and there is approximately 9 more months of work until completion of the high speed rail feasibility study. At this point in time, our reserves are in good hapc but ifa few of the members do not contribute in 2009, we will be in 1r0uble. The draft 2009 budget has been prepared and I. and all members of the Authority, are hoping that you can ontributc SSOO for the 2009 fiscal year . Thank you in advance for oil of your 1'ard work and cooperation in mal(ing the Authority o ucccss and helping it 10 accomplish its mission. Re pectfully submiucd, I lorry Dale hoin11an of th e Board Rocky Mounlnin Rail o\uthority cc : Fimmcc Dcpnnmcm • Rocky Mountain Rail Authority City of Eng lewood Ann: Finance Department l000 Englewood Parkway Englewood. CO 80110 Subject: Reminder or antici pated 2009 co ntribution Dear Member of the Rocky Mountain Rail Authority, Octo!,cr I 0. 2008 As chairman oflhc Board of Directors I would like 10 thank you for your participation in the Authority's acth ities and financial support during the last two years. We have accomplis1'e f nuny things and your contributions have been invaluable. I would like to provia: a gentle reminder that the Authority's mission has not been completed yet and there is approximate!) 9 mo"-montl•s of work until completion of the high speed rail feasibility study . At this point in time, our reserves arc in good shape but if a few oflhc members do not contribute in 2009. we will be in trouble. The draft 2009 budget hns been prepared and I. and all members of the Authority. are hoping that you can contribu te SS00 for the 2009 fiscal year. Thank you 111 udvuncc for all of your hard work and cooperation in making the Authority a success and helping it to accomplish its mission Respectfully ~ubmincd. llnrry Dale Chainnun of the Uoard Rocky Mounrnin Rail Autliorit)