HomeMy WebLinkAbout2008-11-17 (Regular) Meeting Agenda PacketI. Call lo Order
~-lnvoca 1ion.
Agenda fo r the Regu lar Meeting of the En glewood City Council Monday, Novembe r 17, 2008 7:30 pm Engle"ood C111c Cen ter -Counul Chambers I 000 Englewood Park\\ a, Engle\\ood, CO 80110
3. Pledge 01 Allegiance
4. RollCall.
5. Consideration 01 Minutes of Pm ious Session.
a Minutes 110 m the Regular Cit, Council Meeting 01 NO\ ember 3. 1008.
6. Recogn ition of Schedu led Public Comment. (Please limit your presenta tion 10 ten minutes.)
a Recognition of the 1009 Eniilewood Calendar Arusts
• Erm Petersen. a 3rd Grader at Charles Ha1• Elemen . •'I School
• Dan,in Po11vMaven. a 1st Grader at Bishop Elementary School
• Sofia Montova, a 3rd Grader at Charles Hay Elementary School
• Sara Hvde, a 56 C rader at Maddox Elemen lJr'\' School
• Kirsl\n l eCa,alier, a ;th Grac!er at Maddo, Elemental)· Sdool
• Zacl Bueno. a 4th Grader at Cla1 ton Elemen1ar, School
• Hall'\' Ebert a 3rd Grader at Cl a, ton Ei~mentat) School
• Nicole1gh Trampler. a 4th Grader a, All Souls Catholi c School
• Victor Rosal es-Garcia. a 1nd Grader al Clavton Elemrnl,lt) School
• Tess Bral', a ;,h Grader ,ll SI Anne's lp1scopal School
• M111uel Donohoo. a 3rd Grader al 01errelyn Elementa l\ School
• Patncl Constanuno. a 11d1 Grader a, Colorado·, Finest Alternatl\e High <;d1ool
• Ben Prado, a 6th Grader al All Souls Catholic School
• Natasha Prather, a 9th Grader a l Denver East High School
r .......... nole-It ,-ou h•\f' • drs..\l""' ,and nttJ .-u\AIW\ .uck Of ioef\l("'" (#JH" notrn dM-Clh 01 rn~\Of d
)Ol•-l ·!•:!-loi1 JI lt.l)I .a hours m,. hd1kr t\l \\hrn )et\lC~ .4if('I nftt"d,•r1
Enpe,;ood CJ!\ (OJO<oi 4-Jend> '"'ember 1 ° .?006 Patt, 2 7. Recognition o( Lnscheduled Public Commen1 (Please hmil vour presenlation 10 fi,e mlnu1e,. Tin·e ior unscheduled public comm enl ma1 be limited to 45 minules, and II limned s1,all be con tinu ed 10 General O1scussion.1 8. Communicauons, Pre d amauons, ar,d Appo,n1menis,
9. Co·,~en1 Agend~ l1ems,
a. Approval ol Ordinances on Frrsl Reading.
b. Approval of Ordina;xes on Second Re~ding.
Council Bill r-o. 74, appro11ng !he addrtion 01 a section to Tide 4. Chap1er 4 o(
1he Englewc,od Munlcip~I Code rel!.lrding Officers 01 Corpora~ons, Members 01
Partnerships, Limited l.hbrllty Companies.
II. Council Bill No. 75, au thori zing an l,1tergovernmen tal Agreement ent;ll ed "U.S.
Department of the Interior U S, Geologi~al S,'" ey Joint Fund ing Agre~ment for
Water Resources lnvtstlgationi."
Iii. CoUt ·cil Bill 'I:,. if,, 0cle~ng the current lang•Jage •n Trde 4 , Chapter 4, Sec11on
16 of the FnslC\\ ,>Od Mu~i~rpal Cod" and addrng ne,, L,nguage regarding
n,>uce. sen1 by man
11 , Council Hill No. ;;, approving th<' i\ddition of languJge 10 Title 4, ChJpter 4 of
the Englewoc-d Mu:ilc:lpal Code en titled "I ora11on C..u 1de," regard ing the
rem,11ance c! •ales ta~.
c. Resolul"lll~ anJ M otion,
Recommtnd11!011 rrom the I ' rv OPp trtment 10 apprO\ e a resoluuoo
authorizing the L1brdf\ Cepartm •11 to 1mplerne,1 hs 2008 Wimer Food tor Fine,
pro~ra~, from MonJa}, Dec em · .., 1 through Sund11•, December 14 2008
STMF SOURCE: H•nk Long, LJiru:to r of l.ibrary Services.
10. Publ ic Hearrng hems. (:-..o Public 1-'~arlng Scherluled.\
~-""" ""'" h•.e • :lo....,.I) ••d nN'd ••"lw\ .,ds o, ..,.,,c,-pi..,. noon 1h, (JII 01 [ng!Nood J
1JoJ.:-&1.~.1 os -1: It-a.st .as hourS wi ~ch,nctt, 0t ¥.h«t sef'lCl"S M~ ~
lngl,..\,ood en, ( 011'11 d ~-l•11rf,1 '-0\flllhl"I 1 -. = l('l8 P•s• l 11 Ordinances, RMu11ons and Motions •· Al'Jlro,Jf 0 1 Ordinances on First Read ing. Council Bill No. i9 -Recommenda11on 1,0111 1he Co,11mun11y De, elopmen1 Depa ,1men1 to adopt a bill 1or an vrdi na nce auth orlllng amendrn enis lo Title 11 (Public Ways and Property/, Ti tle I 5· Health (Sanitat ion ,10d Environmental
Protertionj, andTI~e 16 IUnified De,efopmenl Code) regarding hard wnace
,tandards, ant! ·.n amendment to Title 16 regarding ma~1mum commercial
vehicle" elgh· ~ residential zones Staff also requests t!tat Council set a public
hearing for D,. 'fllber I , 2003 to gather public tesnmonv oo this issue. STAFF
SOU RCE: Tricia L.in go n, Se nior Plann er.
b. Appro1 al of Ordinances on s~cond Reading.
Council 8,11 No. 69, amendi ng the Unified Development Cude pertaining to flags
In the Sou th Broadway Business Improvement .Jistr1c1
IL Council Bill No. i8, authoozing a sewer rate iocrease.
c. Resolutions and Motions
Resolution est~bl ,shing the annua l salary fo r th~ C111 Manager,
ii. Resolution establishing tlw annua, ~1lary fo r the CII) Attorney,
111 Resolution establishir.g the annual ~·•rv ior the Mun icip.11 ludge.
! !. Ceneral O,sruu,on
a. Mayors Cho ice
b. Cound l Members' ChJoce.
t 4. c,n Attorne\ ·s Report.
15. Adjoumment.
Plf'",11..t• lk1l~ II ,,,u h,,H' .l d1s.1.biLt\ t1nd nttd ~m1li.tl'\ -'•d~ n, st-ntCt-S, ple..1St• t1(>l1f\ 11~ C-,r-. 0 1 [nglei.,ood
30V'6l•24051 .lt lt',l\l 41.'1 houts in .ld\,1ntt nt \\hf'n '-C'MCM J1tt nttciM
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Callto O rder
ENGLEWOOD CITY COUNCIL ENGl.EWOOD, ARAPAH OE COUNTY , COLORADO Reg ular Session November 3, 2008
The regular nieebng ol lhe Englewood Cny Counc,I was called to ordel by Mayor Woodward at 7 43 p m
2 Invocation
The mocatlOft was grven by Counal Member McCaslin
3 Pledge of Allegiance
The Pledge of Allegiance was led by Counc;,t Member McCaslrn
4 Roll Call
Present
Absent
A quorum was present
Council Members Jefferson. Moore, PeM, Oakley, McCaslm, Wilson.
Woodward
None
Also present Coty Manager Sears
c,ty Attorney Brotzman
Deputy Coty Manager Flaherty
Deputy City Cleflt Bush
City Clerk Ellis
Dlreclor G<yglew1cl, Ftnance and Admonostra'ive SeMCes
Otrector Fonda, Utilities
01rector Black. Parks and Recreation
Direct01 Kahm. Public Works
Dorector Whrte, Com munity Development
Eng--.ingfCaprtal Projeds Adnwlistralllr Henderson. Publoc Works
Pol'oce Chier Vandermee
Fire Chief Pattaroz21
Police Commander Watson
5 Consideration o f Minutes or Previous Session
(a) COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER PENN SECONDED,
TO AFPROVE THE MINUTcS OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 20, 2008.
Mayor Woodward asked if lhete are any ~rrec110ns o, modifocations The!e were none
Vote results:
Mobor.camed
Ayes
Nays
Council Members Penn, McCaslon, Mome, Woodward. Jefferson,
WIison , Oakley
None
6 Recogn ition of Scheduled Public Comment
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Engl ewood City Council November 3. 2008 Page 2 (a) Mayor Woodwa rd said we are going to start tonight with a preseniat,on 10 the E:nglewood Pol,ce C11,zen s Academy Graduates There are a couple nr things that I would hke 10 say First ,s this ,s a c,I,zen Academy that ,s a nine week program I0Iahng 27 hours The obIecIrve of this program ,s to gel lhe cII1zens partIcIpatIng and having an acl1ve role ,n an acI1vE: partnership wilh lhe Pohce Department, lowards community poI,c,ng The class ,s providing lhese cIt ,zens with an overview or the Police day-lo-day functions The class ,s also showing the citizens how valuable their partIcIpalI0~ ,s as an informed c1lizen ,n keeping our commumty safe . The class cons;:·ted of Code Enforcement to uI1hzmg the shoohng s,mulal or al. I believe, Arapahoe
Communi ty College They slarted wIlh 14 members back in September and have ended with 14
members . 100% part,c,pahon WIlh Iha!, I would like lo turn ii over to Ch ief Tom Vandermee
Chief Vandermee sard thank you, Yo ur Honor and members of Cou ncil This ,s, ,n fact, the second graduating
class or the Englewood Pohce Cit,zen·s Academy And , 11 Is worlh nohng, as the Mayor me ntioned . that ,n both
of these classes there have been 100% graduations . 100% or the people that were accepted into ea:h of these
Academy classes completed the entire 9 week Academy session. And I think, that is quite a commitment for
citizens to make They do this simply because of their interest In learning more about the commun ity The
Englewood Police Depart ment and ,ts members are committed to the philosophies of community pohc,ng and
customer service. And by pr Jvid1ng these kinds of outreach programs , I lhmk it helps us to create a much belier
relationship w,th the membe rs or the community Fturteen citizens are graduati ng from this Academy class and
I would like to take the opportunity al this lime to introouce Toni Geier Tom ,sour Community Relations
Specialist ~nd she is the one who has been responsib le for spearheading both of these Citizen's Academy and
she puts in • lot of hme , r,ffort and energy to make zu,e that all or the classes are scheduled. Thr. classes are
taught by memb~rs or :I;,s Police Department sworn officers and other members of the Police Department
Code Enforcement personnel. Toni does the bul k of the work with that I would also like to havn Commander
Sam Watson step up Sam Is the Supervisor of the Ne ighborhood Services Divis ion or was unt il his recent
transfer to the Patrol Division So Sam has his hands ,n and making sure that this project gets completed and
done as well Al this time, what I wou ld like to do Is read off tne names of the graduates Ton i and Sam vall
hand them their certificates I v,ould invite each memoer that I ask to come up to pleas6 stand up he re and
accept the ir cert,hcates Mart,n Albrig ht, Victoria Eddy, Ken Haraldsen. Barbara Hodge, Julie Keeling Liz
Leone, Mary Lopez, Marty Mosman. Jern Myers .Chief Vandermee said it ,s worth noting that Jerri's husband
wenl through the first Academy clas s, so either he convinced her ,t was worth going through or she made h,m
go through the first lime to test the water ... Janet Simpson , Terry Spence, George Sullivan, Julia Watson,
Zachary Yon There was applause after each name wa,s announced Chief Vandermee sa id thank you I would
just hke to mention in closing tha t we already have the third C11Izen's Academy scheduled and you will be seeing
some more information in the near weeks on that class as well Thank you
Mayor Woodward said thank yo u There was applause.
Ma yor Woodward sa id I wo uld JUSI hke to further menhon that I believe the next course ,s coming up early ,n the
year like in February , 1f I'm correct Tom let me know ii that is correct Some of the mocules include drugs and
gangs, SWAT overview, patrol procedures, basic se ll defense, driving s1mulat1on, shooting simu lation, crim inal
InveshgaI,on. crime scene and forensics science and Code Enforce ment overview I thmk these are ci tizens
that are involved and will be c,hzen eyes and ears for our commumty I ~el,eve this group of 14 and the
previous group and our future groups are certa inly going to make a difference in our community So, again
congralulat,ons on completing this course and for what you do Thank you The re was applause.
(b) Gregg Miller sa;d I am a business and property owner here ,n Englewood and I am here lo
address the app hcahon for Conditi ona l Use for All Recycling South transfer sta tion I'll keep my comments
under ten minutes and 1f you have questions or comments, let me know I Iust want to present my concern to
the City of Englewood to pursue l he approval of the refuse transfer station without furt her review of impact on
the area and further not,f,cahon or the affected property owners and bus,nesses I don't think anyone is really
aware of what is going to be taking place there and not a lol or notification has occurred , so I think thal probably
needs to happen before 11 ,s approved I was made aware of 11 when they posted the first notif ication s,gns near
the site and I think the.re was an ad rn the paper a~ well I was not able to do anything, because I was out of
town at the hme or that two week durahon that ,t was posted. so I missed the public hearing that was he ld on
October 21", which I con'! think had any negahve feedl>ack at all because I don't think that many people were
aware or the s1 luatIon So me of the key concerns aboul the refuse lransfer stahon ,s one obviously the
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Englewood City Council November 3, 2008 Page J PfOl)elty values of a transfer stat10n going ,n the neighborhood history shows the propeny values usually don't go up when that type of bus,ness goes ,n the ne,ghborhood and so. for myself and for others there Is some concern for our property values More so ,s the effect of the traffic 1n the area that will affect all of the businesses there There was a Traffic Study done, however. I feel that 11 looked purely at numbers ot traffic coming ,n and out of the area. and at the particular coiners that they felt would be the route 901119 11110 the bu5tness I don't lh1nk It took a reahsllC perspechve v,ew of the streets and the businesses and the traffic ano how they work ,n that area 11 ,s an older area or Englewood and ii is designed for a certain amount of tramc In
the Traffic Study It relates numbers that are comparable I~ high volumes. but they are for banks and theaters
and last food, which are sman. pnvate-type vehicles This refuse center will actually be handhng a lot more
large vehicles .. trash trucks, semi trucks. much larger In size I don't think the numbers were that comparable to
what is really 901119 to be happening there The numbers suggest about 300 trucks a day to get rnto very big
specifics. but the poin t of the matter ,s It adds up to about a truck every minute and a half over the business day.
which lends to be a lol of traffic for that area. because it as not designed as high traffic areas There are no
traffic signals III that area There's some stop signs. but they are two-way stops not four-way stops When you
look al a refuse center, lhe trucks !hat are coming in there. it is goin~ to lake them more than a minute and a
half to unload and exit But if you've gol a truck com,ng every minute and a half. there wdl be s,gn,ricant back-
up, which is part of the concern. because the area 1s all sing le-lane tralfic There Isn't parking There's no place
for these trucks to go as they're waiting , which Is going to create a slgniricant problem. not only Just outside of
the area, but for several blocks rn the lwo d1rectlons that the veh!Cles wdl be coming ,n and I don'l lhlnk that has
been looked at slgnlficanUy at all It will also create. with all of that back-up, there will be a lot of access Issues
for the businesses. a lol of parking issues for the businesses Everything . parl!Cutarly between Danmouth and
Evans .. that is the access to that facitity, wm create problems because with the back-up with lhe traffic,
employees and customers of those businesses will have a very hard hme gettmg into those businesses.
because there •s no place for those trucks to go ,f they are not acces$1ng that srte So they are going to be
blockrng driveways . Since its ... lhere's no turn lanes really Involved ,n that area, it Is going 10 be a s,1 and wall
process, which I think is going to be significant and rt won't just be we understand that rush hour does slow
things down, but I think "'s going to be more of a concern of an all day prcicess The T raffic Study only
recommended four direct,onal signs to be posted That was the only recommendation So. based on that that Is
why I'm bnnging up some of these po,nts, because I think you can work with how ,t currenlly exists They did
point out that a ma10r area or entrance was Evans and Raritan and thal a turn lane m,ghl be effeclrve there and
probably required However, the site tocat,on doesn't allow for a turn lane, so It's 1mprac11Cal .show rt was
termed at conclus1011. So, that can't be placed there . so rt went ahead and said it can go ah~ad, but 11 was still
recommended lhat one was there So. I don't know how lo address that It says that II is going to be an issu e
II suggested a fix, but the fll< can'I happen. so I don't know how you address that That's kind of a concern The
area ,s very old There's not a place lo widen lhll streets; that type or th ,ng So. I don't know how the solutions
will be solved I think there needs to be some more research done In thal area There obvlously with all of
Iha: tralf,c, two-way stop slg11s and trucks there are already issues that we've had w,th polenbal accidents, lry,ng
to pursue through a two-way stop, trying to look around a corner, but If there are trucks sltung there, obviously
it's ver/ hard to see and rt presents a bigger problem for potenbal accodents There are two main entran..es
from erther side ObVIOOsly coming down Evans onto Rantan ls one approacn , the other Is off or Dartmouth
coming on Tejon One thing that the traffic research study dldn'l look at ls obviously a main entrance onto
Dartmouth is Dartmouth and Santa Fe where a lot of that traffic wilt be coming from There's already an Issue
where you have a double tum lane coming onto Dartmouth, going into a ~,ngle-lane, so ll's already a traffic
impact U you were to just take half of those 300 trucks coming Into that area and put them there . 4's gong to
create a problem that I don·t think Is going to be something that ,s very workable The other entrance. when you
are commg off cl Dartmouth onto Tejon. all those trucks coming in also have to exit, so coming back out ol thal
neighborhood, If you JUSl took half of them, figunng half of them would go and half might go the olher. you do
have the f,re s.al!On that 1s iust half a blcick off of that lnlersecllon. so II you had mult iple true~•-backing
up nothing was noted ,n lhe Traffic Study that you might be blocking, obV10usly, emergency vehicle cond1t10RS
I didn't see that addressed 1n there. so that might be a concern there Those are JUSI some of the issues thal we
noticed, as we looked at this .. that cou ld be some concerns There's obv,ously a lol more detail Impacted Into
those One of the things When you look al that neighborhood rt·s an rnduslnat neighborhood. and there are
alreaoy a lol ot trucks ,n there, but the trucks work because of lhe low tramc In the area There are sem••trucks
that go through that neighborhood. but when you look at how they work. a Traffic Study doesn't p,ck 11 up
because ,rs purely numbers When lhOse semi-trucks come ,n10 those businesses. they are actually using the
street to back ,nto therr docks, so the streets are actually cut off as these semi-trucks are loading Into the
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Engle wood City Council Novem ber 3, 2008 Page 4 businesses , which may not be a lega l th ing to do , but Irs worked for many years 1n that environment w1lh the low traffic It's not a problem because people can wa,I Bui 1f you put Iha! much traffic ,nlo ,1 and those trucks , they are not going lo access those businesses anymore , so again . anolher problem w,th that So we fust requesl lhal a llllle more tho rough research is done before lhe City Council approves that Cond1honal Use to allow Iha! And If ,1 were approved anyway I th ink another wise r.hoIce might be lhal they have a plao dro•,•m IIp for lhat This refuse stahon Is the whole block between Harvard and Wesley and 1t Is sugges ted lhal the entrance/exll to the property be put on Wesley versus Harvard And the reason for lhal Is that lhe company
apply ing fo r lh1s Is , All Recycling South business , Is on Wesley and so lhey wou ld be the on ly ones affected by
their own business : where sf you put It on lhe Harvard side , they are affectir.g severa l other businesses there
and the way that the plan is laid out , you could enter from either side . Righi now they have the entrance on the
Harvard side , with no entrance on the Wesley side So that mIghl be a I don·I think Irs the proper thing 10
approve it but 1f ii did , that might support some of the problems That's all I have Thank you for your lime
Mayor Woodward said thank you
Mayor Woodward said I Just might add , typically we do nol answer questions during this perioo of lhe meeting ,
however , this may be addressed under Council Memoers' Cho ice aI the end ol lhe meeting . Thank you
(c) Ka thleen McGowan said thank you for lhe opportun ity to speak before you agair, ton ight I
realize this Is not a co ntinuation of the Publ ic Hearing on Council Bill 65 , bul be fore you casl your vole tonight ,
please take a moment to consider these questions . Where does this bill come from? Where does this bill lead
to? And who does ii benefit? Is ii really good for the Cily as a whole? Though Cou ncil Bill 65 is not site
specific , Mr . Moore poin ted out last lime , that the Sou th Ogden St reet subdivision is the test case for this bill
City staffs own evidence presented to Council is only about the South Ogden Street subdivision This bill is
predicated on this case , Just as everything which has preceded this blll has been predicated on and driven by
th is case . As such , I corstinue to assert that all the facts regard1n~ the South Ogden Street subdivision are
relevant to this forum and lo this bill . I think the citizens of Englewood deserve all of the facts . Two weeks ago ,
my neighbor , Chris tian Mills , asked Council and the City Allorney if there was a lawsui t regarding Mr. Curnow's
property al 2919 South Og den Street Since no one chose lo answer that question , we did a public records
search and found that, in fact . there is a pen ding lawsuit by Mr Curnow·s company , suing the City of Englewood
and the Board of Adjus tment and Appeals regarding this property I have submitted a copy of that lawsuit fo r
each of you Basically Mr . Curnow, throug h Arapahoe County D1slncl Court , Is swng the City of Englewood for
both a financial sett lement and the subd1vis1on on South Ogden Street Th is lawsuit is another piece of the
behind the scenes process . which has been ignored and omitted from the public process I don 't think IIIs fa1r lo
the citizens of Englewood lo keep omitting facts regarding this tesl case Smee no one within lhe Crty seems lo
fr el respons ible to bring all of the facts forward , if we have lo be the one~ lo bring the facts to the pubhc forum .
tn en we will conllnue to do so The City of En glewood and the Board are the defendants m this lawsuit As •r J
representatives and agen ts of the City of Eng lewood, you are all party lo this lawsu it And on Ju ly 21" of this
year , Mr Curnow·s lawyer, Mr . Casebolt , appeared before Council seeking .. ·so. we would like City Counc il lo
dire~t the Allorney 's office or outs ide counsel. whoever Is handling this . to engage with us In te rms of finding
common ground here . because we want to settle th is. Or, In the allemat,ve , we respectfully request the City
Council give us the subdivision ·. II Is inappropriate for Council to be cons 1denng this bill lo codify th e 5%
exception, since the City Is be ing sued by Mr Curnow for his subd1V1s ion based on this 5% exception
Furthermore , I tnink ,t Is Iusl pla in wrong It's wrong to pass a bill affecting virtually all of Englewood, so Mr
Curnow can gel his subdivision . In light of this lawsuit , I contend Council should withdraw Council 8111 65 In
regard to Mr Curnow·~ lawsu,I, it contains many fallacies , but I will leave those lo the City Attorney 's office lo
figure out Bui there is one cnt,cal point in this lawsuit , and In Mr. Curnow's lawyer's statement lo Councll . which
relates directly lo this process . Iha! I would like lo clarify Mr Curnow claims to have bought the property al
29 19 South Ogden Street after the August 6, 2006 Study Session , which discussed this 5% reduchon in lol
width , and after assurance from Community Development that he could subdivide the property Despite Mr
Curnow's cla ims , the real facts , according lo Arapahoe County records , are that he purchased the propert y on
September 02 . 2005 I've also submitted a copy of that for you as well , from the County records . The real facts
are that he purchased the property one year prior to lhR 2006 Council Study Session , one year before there was
ever any d1scus~1on of changing the width minimum The rea l facts , according to sta•rs presenlahon to Council
are lhal lhe 2006 Study Session was actually pred icated on Ih Is property My point Is tha t the orsg1nai error was
Mr Curnow's, as was the ong1na l request for this 5% reduction He bought a property m 2005 , wh ich lhe UDC
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Englewood City Counci l November 3, 2008 Page 5 expressly states does not meet the 50 foot width requirement 10 subd1v1de Ong,nally Community Development told Mr Curnow no no , the property could not be subd1v1ded There are two neighbors who had conversations with Mr Curnow tn which he expressed h,s anger that the City was not granting the subd1v ,s1on Bui Mr Curnow wasn 't go,ng lo accept no as an answer , and since 2006 . he has relentlessly pushed City staff and City Council lo gel 11 He has pushed II to the po,nl of sutng the City lo get 11 Passing th is btll will put that process ,n place There ,s no evidence that anyone other tha n Mr Curnow has ever sought tn,s type of subd1v1s1on In fact , all the evidence mdtcates that use ,snot JUSI the lest case . but that ti was the ongin al and only one for this
5% reduct,o~ ,n the past three years Nor ,s the re any evidence that anyone other Iha,, Mr Curnow will benefit
from ,t Nor ,s there any evidence anyone else wants ii or supports it Al : other developers and homeowners
have had to fo llow lhe existing UDC There were also mistakes made by the City staff when they turned a
Council Study Session in to an admm,strattve change in the UDC Please do not continue to perpetuale the
series of errors that have lead lo this point Attempting lo legiti mize the errors and mistakes won't fix them or
make them nght It simply mitigates this 5% reduction from one case to all R-1 D1stncIs . That's virtually the
whole city Don't fUS I pass this hot potato lo the Planning and Zoning Comm,ss,on , a Comm1ss 1on which has
recommended th is bill They will make a decision Then either Mr Curnow or our cI1tzens group w,11 appeal that
decision Then ii will come bac k to Council , a Council which has already endorsed this bill In both instances ,
Mr . Curnow will only have to prove the 5% reduclton , whi le, again , the neighbors w,11 bear the burden of prool
According lo the bi ll, Section 5-C .. the ne ig hbors must prove that lhe subdivision has a ·s,g nifica nt negaltve
impact on those properties surrounding the subd ivis10n and the general health , safety and we lfare of the
community" Then Council wi ll make a decision and either Mr . Curnow or our ciltzens group w,11 appeal to the
Dis trict Court . Stop the domino effect. Is the District Court really the enti ty you want making policy for the Ci ty
of Eng lewood? Ju st say no to Council Bill 65 . Force Mr. Cu rnow to take the respons ibil ity and the
co nsequen ces of purchasing a property. wh ic h does not meet the re quirements to subdivide . Let Community
Development take the responsib ility for not following proper procedures and for making promises it shouldn't
have Let the City Attorney deal wit h the consequences of those dec isions , but don 't pe rpetuate the
conseque nces onto the City of Englewood by passing a bill which promotes creating sub-standard , non -
conforming lots throughout 75% of the City And don 't make our neighborhood suffer the consequences by
getltng the two smallest Ir.ts, with the two larg est houses , with two large front garages The answer lo the
question of subd1v1ding d property into lots le ss than 50 fee l ,n width ... as requi red by the UDC and supported by
the Eng le wood roadmap .. was no Tha l answer should continue to be no 68 citizens , 68 , signed a l~lle r
asking Council to say no .. no lo subdIv1s1ons less than 50 feet in width Withdraw Council Bill 65 Vote no on
Cou ncil Bill 65 . But please do not allow th e outcome of Mr. Curnow·s mistakes and this lawsuit , compounded by
Ci ty staffers ' errors, be thal he gels his subd1 vi s1on and perhaps a financia l settlement from the City What the
citizens of Englewood get are smaller and sma lle r lots . as well as the burden of that financial settle men t An~
ou r neighborhood gels unwan ted development. destruc ltve lo the character and the quality of ou, neighborhood
Please consider where does th,s bill come fro m, where does lhis bill lead to , who does this bill benef,t? Is ll
re ally good for the City or Eng le wood? Thank you for your ti me
Mayor Woodward said thank you
Recognition of Unscheduled Publ ic Com ment
(a) Chnst,e McNe,I1 an Eng lewood reside nt . sa,d I've come before the board before speaking on
lhts issue , again regardin g B,1165 And tonight I'm happy lo be the bearer of good news . I, m my httle self no n-
scie nI 1fic study, went around ou r neighborhood , as I ohen do wtlh my dog and my baby , and I counted ,n less
than a five block radius from where we live . from Downing to the Bates -Logan Park, and between old Hampden
and Yale, more than 28 new bu tlds That's not including the additional properties tha t have renovatio ns ,
add1t1ons , and upgrades lo them So the good ne ws ,s .. the current Code is working There are 28 new builds ,
probably since 2000. ,n that little square of Englewood What I wanted to combat , was the fac t that when Mr
Curnow spoke al tM las t me eting . he made 11 sound like 1f you didn 'I pass Bil l 65 you were dooming Eng lewood
to the dark ages of deve lopment I JUSI want you to know that that's not true and tha l you should not be
hamstrung Into approving this out of fear that . somehow, Englewood would no t be able to move forward and
prog ress and grow and develo p ,n a healthy wa y that supports sustainable growth and growth that's good lor the
Curren: neighbors and the landholders And so I would Iust hke you lo not be Inl1m1daled by a lawsuit , nol be
mI,m1dated by broad statemen ts about developers not being in terested ,n Englewood . or not w,lhng to deve lop if
you don't do this bPCause ob vi ously they are Obviously people are ,nvesltng ,n Englewood Obviously people
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Englewood City Council November 3, 2008 Pago 6 are upgradu ,; ,,. Englewood There has been absolutely nothing stopping Mr Curnow from bu1ld,ng on that plot since he purchased ,t in 2005 The only t~1ng that 1s slopping him Is the fact that he wants to build two buildings because 11 makes h,m more money And there 1s over 28 new properties thal say you don'I have 10 change the Code, it's working Englewood 1s just fme Congratulations (b) Mary Finch , an Englewood resIden1, said good evening and thank you for your t,me. I'm kind of a newbie regarding this b19 fat mess that we have on South Ogden Street Just because somebody can't follow
the rules, and then he wants to change the rules and I'm kmd of a rule person I was interested w.th Chnst,e's
stall$1ic: about the 28 new houses I've seen them too There are a lot of them on South Clarkson and Just all
over and they're JUSI lovely, lovely homes I just don't think what Mr Curnow has planned will be all that lovely
This Is a big controversy and I h:ipe that you'I lake 11 senously I :hink you are on a slippery slope to start
amending your own rules and tEgs I'd kke to thank Kathleen for taking this on I don't know that anybody on
South Ogden Street would really have known about ii unbl she got the ball roli,ng Im one of the n8 who signed
lhe pebtJon I'm concerned I'm concerned. I see thlS being the beg111ning of redevelopment that "m not aN that
In favor of I guess that's all I have to say tonight Thank you for your bme
Mayor Woodward said thank you
Council Member Moore said your honor, can I ask a quick question? Can I ask a clarlRcallon from the Cily
Attorney how this works with our Public Hearing process? Citizens are free to speak, but technica lly, we're not
supposed to... City Attorney Brotzman said yo u are bound by the Public Hearing process, so you're bound by
the sworn testimony that was given al the Public Hearing. Council Member Moore said ... so what we're hearing
tonight should not.. that's not what we should be factoring In our decision process. City Attorney Brotzman said
~·s Informational, but no . the sworn testimony ,s what you're supposed to be working on Counc1t Member
Moore said thank you. I'm trying to figure out how to deal with that difficulty Please proceed
(c) Jill E. Moore, an Englewood reslden~ said obviously I've been here before, as a few of us have.
One thing I did want to point out when Mr Miller was here talkilg about his sltuat10n, one of the fnt things he
said was well, t didn't reaDy know about It untM the public sign was posted, 1n regards to what was going to
happen to "•t property That never happened on South Ogden. Never happened Again, had Christian
M,11s .. Who aves directly across the street from the property ... not taken notice and Kathleen, who Is my next
door neighbor .. we never would have known that any of this Is going on We knew that the property was sold
but we weren't sure how this was going to Impact our neighborhood, so we didn't even have a leg up In the very
beginning of this process. That's been my whole argument th rough th,s. Of course, I'm not for this I live two
houses actually one house, away from the tot In discussion. This Bill is not and has nothing to do w11h, in my
opinion, th e whole City of Englewood II ,s predicated on this one lot, for th is one builder, a builder who does not
live In Englewood . He says that he Is so Interested In and In love with the Citv of Englewood We don't find that
the case There has been a very big tack of a lot of things In this situation Lack of transparency from
Community Oevelopmen~ lack or truth from both Community Development and Mr. Curnow and his attorney,
frankly, and a lack of trust ir. the people that we have put In place in Englewood, that should take care of these
things for us Processes have not been followed That's been my big beef and that . t think for an of us, ,s aN of
our concerns t, myself, am a homeowner that re-vamped my home, in keeping with the neighborhood I didn't
build a two-s\~ I built a ranch on one lol and t stiU kept my single car garage, because everybody said. wen,
you can put a two cat garage right out in front of your house That's not what I wanted my house to say Not 1n
my neighbortlood Wei, for resale, you should put a three car garage in there Where m the heck am I going to
put a three car ga.rage? I have no alley. Keeping 1n mind I'm one house away from said property I did it I
posted all of the things I needed to do. I got all of the permits I needed io t .ave, I went through the process
And frankly, I love my home. I love Englewood .. butt am , and I'll use ·.nis.,. ·' penUy, tam disgusted and
dismayed at some of the people that we have put In place to make thes&, " i . ,s going forward w•th progress
And I agree with Christie, Eng lewood is not going to fall apart because 1·· -: "',w doesn't get hi, subdivision
He certainly has a lovely piece of property that he can p\Jt one gors ou. 1umu .•n, It's boen don<i In our
neighborhood at teast 28 ti.:,es. The subdivision, In my opinion, Is ,1ot g •• : .. , to ~Meflt ~nvbody b:il Mr Curnow
and he has not been forthcom in g with many, many things in th is process ~•·· you
Mayor WOOl!Ward said thank you
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Englewood City Council November 3, 2008 Page 7 (d) Rock Gollit an Englewood resident said I have two thongs One ,s I am ,n support of 65. for the reason lhal the City needs to be progressive A tot of lh1ngs that v.ere built years back weren't built for the infrastructu re we have now some properties were taken parts of properties were taken and there are a lot of places In Englewood that aren't that perfect little box I thank you for cons1denng being progressive and understanding that although 11 affects them, II could affect other c,t,zens In the future and I think your dec,s1on would take care of that My second Item Is I'm understanding that the City of Englewood receives quote a chunk of cash from Comcast I know you can't comment and I have lo waI1 but one of the things that some of
us approaching you folks woth 1s open government II seems hke some of our other cities hnd II very easy to put
these sessions on their website , al no cost lo the public Yet 1f I want to hear what happens al one of the Study
Sessions or one of the Coty Council meehngs I have to pay anywhere from S5 00 to S100 00 for 1L I don't
understand why c111Zens are burdened for something that the City's already gelling a benefit from, from
Comcast Other cities use Comcast I believe 11 os Channel 8 lllat they can have the broadcast done on If you
could help explain to me . Joe Col!zen about how this realty WOlks I have paid the $5 00 for a tape and t have
helped some other people spend up to $50 00 to get something and ot Just seems petty I looked al the City's
budget. we went spent a lot of money on a tot of other things that havenl shown we are open govemmenl II
takes as much tin,e to update a website , as ot does to cut a CD. I am just asking as my Councilman .. as Mr
Oakley, my Councilman. I am your constituent, would you please let us citizens have access lo recorded items
without having to pay for them. Since the City is already receiving money for that Another lh1ng th£ question
aboul making the tape available lo lhe public. Is ADA. Some people can·1 aren'l ab le to read In my
community lhere are some elderly peop le that have a hard lime reading But they did have computers .. it's kind
of funny The family comes over... There is a way, where they can ... al their home tap In and stream this very
session and not have to pay for It I ask thal you please consider this II is 2008, going on 2020 It feels
like but we can do this very simply The Clly has a wonderful website great Information The City Clerk has
done a fabulous job of keeping all the Items on the minutes I guarantee you It takes her a lot longer lo put the
m,nutes up on-One, than It does to upload an audio tape or a digital disk So. I will ask you to cons.der that
And, again, thank you for your posibve vote on 65
Mayor Woodward 5:3.J thank you
(e) Donna Ne1son an EngJewo>d resident, said I am another citlZen here regarding Btl 65 I'm
sure you're gettmg tired of hearing about 11 at this poonl Bui lasl mght as I was trying to fall asleep, I slarted
thlnk111g about what I could say to you, lo 1nnuence you not to approve Councol em 65. And I started trying to
look at the facts, and look at things In different angle! and just try lo get my mind around this thing Why 1s th,s
so Important? Why is this being pushed so hard? A. id I started thinking why aren't there more lot owners tn
favor of this boll and why aren't they here to support II? Why hasn'I Community Development or Planning and
Zoning provided Council with Information about how many lot owners have requested a variance, only to learn
that there is no vehicle in place to do so And then I remembered lhat Mr Curnow had a plat showing a dovision
of the lol prepared and that the plat had been signed off on by Planning and Zoning The plat was like one
signature away from being approved and recorded and the whole nine yards. And then I started to have an
epiphany The reason no one Is here, other lhan Mr Curnow, is because everyone else who has ever
requested a similar subdMs,on has received II It has been signed off on by Community Development and
Plam,ng and Zoning They've been granting these subdlYlSIOlls al along, on VIOlabon of lhe current codes and
ordinances, creating illegal lots That's my opm,on, I could be wrong, but I beheve ~ to be true Thal s why
Communoty Development and Plannong and Zoning tned to pass this off as a housekeeping matter Just a llttle
m,nor thong. fUSI a WJe minor housekeeping thong, because they are trying to cover the mistakes that they have
made ,n the pasl At this pomt, I don't have any behef that anything I say to you wlll change your minds, butt
challenge 1•ou to Investigate this matter To investigate how many ~mes this type ol subdivision has been made,
because each one of those was Illegal I think this Council needs lo know who has been In charge of these
subdivisions and I think you need lo report back to the people \ our findings and also report back to us what
consequences will be eniJrced lor these illegal actions. Thank iOU
Mayor Woodward sa id thank you
(f) Matthew Crabtree, an Englewood resident, said I would loke to address a couple of ,ssues here
Pamcularly three different comments directed towards me and a few thongs I commented on during the last
Council mee~ng First off, t would bke to respond to John Moore 's comments And actually I dod go home and
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Englewood City Council No vom bur 3, 2008 Page 8 research the minutes and I did make a mistake wi th the characterozalton You are absolutely correct The charactenzatoon or your comments was incorrect I have been s·ttong on the back or the room and fOf some reason I had m,s,nterpreted what you had said To clardy what you dod say you said you do make decos,ons that need to be made ,n thos room ·1 make them In this room· I dodn t catch that part correctly Although 111s not nearly as bad as my 1nterpretat,on from the last meeting I w,11 say that 11 does allow for InterpretatIon that some dec:slons part,CU!arly the comment ·1 do make decls,ons that need to be made. 1n this room· allows 1nterpre1ahon to make crec,srons 1n Study Sess,on which can t be done It IS simply black and white After the
meeting, the last Council meeting I was questioned well what about ,t !here Is any gray area with this Well I
dod some resear~h and as you know there are other groups like ECOG. that have addressed this issue woth
other Councils and they have been soocesslut They fought s,mofar battles and I compared my notes and "Y
onterpretat,on of the Open Meetings Law is odent,cal to theirs And listen. I am not up here 10 ,mtate you I hope
you all take ,nto conslderat,on the Open Meetings Law and I hope you all take ,nto consIderat,on the fact that
decisrons have to be made on this room The sItuat10n that happened here woth the Ogden Street I would li ke
to say ~ agaon that s an ,ssue and II was caused by malung ;, dec,s,on dunng an Illegal process dunng
Study Session Now on 10 the next topic here, I wanted to respond to Joli Wofson's comments too regarding my
statements dun ng the Public Hearing You had stated that even though I sa,d I don't have a dog In this fight,
you had stated that I had taken sides In the past And I really haven't even though some members of our
group have taken sides 1n the issue I have chosen not to 1rs a tough issue There a,e some ,n1eres11ng
arguments on both sides But Just to clanfy with you Joli, I have not taken sides And to quote the public record
from my lorst presentat,on, back on August 4", I stated specifically towards the end of my presentation that I
would like to recommend that Council holds a Pubhc Hearing regarding this property And based on the
1nformabon from the publoc, make the decision to grant or nol to grant the vanance ol the lot Width Both
presentations were simply 10 cr11tclze the process the City had followed with this ,ssue Understanding that II
could easily blow up Now as for the last response ... Wayne Oakley's comme nts .. I apprecia te your stance on a
few open meetings things I think you and I do see eye lo eye on a lot of Issues although f am concerned that
you had stated that of all the dtscussoons were done ,n thlS room, not on Study Sessoons the meetings would go
on much later than they already do And there ,~ a bit of a trend here on Councol In the Coty of Englewood, to
rush through these meetings As an example, there was a mohon to vote , one vote for the resofutoons an d
mrolJOns I believe and approval or ordinances on second u seems that the Council wants to rush through t
have. over the last year and a half, seen very few Couna meeongs go past 10 00 Whereas, in lrttfeton, lheor
mee tong s often tomes go all the way 11111 ·00 am or 2 00 am. That may sound like a long tome, but 11 rt's a
requirement to bring these discussions before the public and have them on the record, that ,s what yoe have got
to do Study Sessoon has ,rs place and ,t ,s a r,ne tone bet,11een the two ,ssues Study Sess,on is tor e<"ucatoonal
purposes ol Council. I beheve, and d,scussoon EM there has to be doscuss,on on thos room loo So IS~ues l,ke
Ogden Street, again, can be looked back upon There Is no record of the meeting that Ogden Str~t was
discussed durong a Study Sess ion It might have been If that had been discussed during Counc!!, 11 would have
been JUSI as easy as IOOkong through the minutes of the presentatlOII and understanding what exacUy had been
stated So with those three partocufar comments, f'U leave you with that, aod thank you for your tome
(g) Chrostian MIiis, an Englewood resident, sa,d thank you for your tome ton ight I am also here to
talk about my oppos1110n to Councd Bdl 65 My ne,ghbors have covered most or this so I n kef'~ 11 boef I WIii
make three main points I second Ms McGowan's poonl that sonce July or this year there has been a lawsuit
against the Coty, regarding thos subd1vis1on ond that no voter decision should be made whof that ,s outsta nding
It ,s a great confhct of Interest Secondly. this amendment has been dnven by one property and one property
only that ,s 2919 South Ogden Street The deas,on to support thos amendment affects an cd Englewood II
potentially makes the smallest lots In the Coty smaner, w,th ve<y large footprint houses on lots that were
des,gned for 700 to 900 square feet Thirdly, Mr Curnow, the owner and would be developer of that property
has misrepresented himself to myself and other neighbors on our block, lo the Council, Community
Development and. alarmingly, to the Arapahoe County Dostnct Cour1 In a complalnL dated July 11 2008 Mr
Boll Cumow's company, Colorado Custom Constructron, brought a lawsuit against the C<ty of Englewood about
th,s matter My neig hbor, Kathleen McGowan , has already outlined this case, so I won't belabOr the deta ils But
I w,11 pomt out that ,t doesn't take a lawyer to see that there Is great and tremendous conflict or mterest to make
a deCISJOO whole there 1s something outstaodong The deciSIOII to uphold thos boll would remedy that srtuat,on
This conmct of interest smacks ol self-deal1ng ,r 11 Is somethmg that gets the City out from thos lawsuit that ,t ,s
already under So, I second Ms McGowan In asking that this decos,011 be put off unhl this lawsuit Is settled I
thonk that ,s the nght and Just thong to do and that ,s the sp,nt of the ta,, Secondly, despite the window dressing
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Eng lewood Ci ty Counc il November 3, 2008 Page 9 that this 3mendmenl 1s for the greater good of Englewood , all fa ctual ev1derce sugges ts that this 1s being driven by the property owner of 2919 South Ogden Street To give you a bne, 11mel1ne , th is 1s fac t, the County records sh ow tha t the purchase o, ~roperty was September 2 2005 Al tha t lime , there were no prorosals . no Study Sessions , there we re no mee t11 gs no thing that we could fmd , 1n the public records , th at suggest that anyone had asked fo r this su bd 1v1s1on ext.eplions fo r the 11 -1 D1stnct In late June and early Ju ly , Mr Curnow tells Dav id Westfa ll, of the 2900 block of Sou th Ogden Street and I think a cou ple of gentleman on Council met with him last week ex pre ssed his disp leasure to Mr Westfall and to myself tha t the City would not let h1m subd1v1de the
property My respons e to him at the ti me was shouldn 't he have fo und that out before he bought that properly
It 's a basic tenant of capita lism the caveat . let the buyer beware Since that time , Mr Curnow has been the
only one that we can fi nd, through our sea rches of public records , that has asked for this except ion The
process to gel to where we are tonigh t has bee n anything but transpa rent II has been driven relentless ly by Mr
Curnow and now his auorney and 1ncred 1bly , Community Developm ent 1s siding wilh him .. a developer , instead
the Englewood c1t1zens that are here to ni ght and that signed our petit1on .. 68 of them In that neighborhood I
might point out . Lastly, Mr Curnow has misrepresented himse lf to my neighbors and I, Community
Development , to you on this Council and alarm ingly to the Arapahoe County Distnct Court I'll address th e mo st
serious first You have a copy of this on page two of his lawsuit , item 11, unde r the general allegations It
states In 2006 , prior to pu rch as ing th e property, plain tiff s agents ... Mr Curnow an d Mr Doug Lillibrige ,
approached the City and in fact . it goes on to talk about that. In fact , you have a copy of this as we ll ... lhe
property was purchased in September of 2005 , as I point out , prior to any of this tak ing place . Why wo uld he do
thi s? Why would he misrep resent the date of purchase ? Now he did qu ick claim that property but ii stayed
within the same name There 1s no money that changed hands All he is doing Is align ing himsel f with the
t1mehne that benefits Community De v lop menl. This 1s a fal lacy at best. I tell yo u ... saymg that he purchased
somethi ng, when he did n't .. In a law su it. .. ,s either gross misrepresenta ti on or its strikes me as perJury He 's
sayi ng in a court of law that he 1s !lomg something that he didn 't do He either bought the property , wit ho ut the
proper due diligence , which he sh ovld he eld accountable for or he was arrogant enough to think he could bully
or ca jole us into his way into a subdivision . Al the last meeting . he made a re mark. He sa id he assumed he
cou ld do this, because he does th is mother counties , hke Denver , etc We all know the def initi on of the word
assume .. right ? He pu rports himself to be a fr iend of Eriglewood , but I think the Council mem bers that saw the
property , have that all he has done 1s remove all the vegetation . he has cu t down the trees ... ma ture trees I
mi ght point out .. and made th e plac e a construction dump I liv e directly across from th is property and he has
been anything but a good neighbor I ask you to think about all the Englewood signatures that you have
received that don 't want th is bill tu pass . And I ask yo u to support the c1t1zens of Englewood I'll conclude by
Just saying . I stand with this group of ne ighbors and the ne ighbo rs that signed that pet ition We ha ve been
unil ed in our oppos 1l1on to thi s amen dme nt and the subd1v1sion We 've respectfully come to meetings ,
submitted letters , subm itted ~ignatures and we have come to the meetings to speak Mr Curnow has lied ,
bulhed and he had hi s attorney threaten a lawsuit and no w he 1s su in g us to get this do ne I'm asking you to
re membe r who you support , who voted you into office , who you repres en t. .. and that is the citizens of
Englewood and 11 is not a de ve lo per who 1s trying to risk our home va lues for his own gam Th ank you
(h) Shannon Sturgen said I live in Dis trict 1 in Englewood . I had called Joe and Jim and the City
Clerk last week about a problem I have been having with garbag e, because my garbage company no tonger
services the District 1 area The City Clerk's Office faxed me a copy of the lis t of garbage places tha t are
licensed In the City of Eng le wood It was a 11s t of 10 businesses Out of all 10 businesses, I think the re were
only 4 that did res idential and 2 of the 4 do not do , I guess . D1stncl 1 ... which I th ink 1s kind of annoying .
Be cause they are the ones that aren 't asking for these extra fees , that the 2 tha t are goi ng to be able to do my
area , are asking for I either have to pay S25 00 to Eag le Waste Manag ement to gel the l1 garbag e cans , 1n
orde r for me to have their garbage serv ice or I have to pay $25 .00 to Waste Managemen t for them to come and
pick up my ga rbage Because Camelback , that does res iden lia l, doe s not do my section of Eng lewood And I
can't remember what Jim 's was .. ii was Pro something and they don't do that section of Englewood So, I think
1t is kind of funn y tha l the City of Eng lewood can license things and It 1s only good for certa in areas And so,
ba sically , people wh o live 1n my area District 1, are second class citize ns and have to pay $25 00 extra , ~lus
gas surcharges that both of these 2 co mpanies are charging me thal the other 2 companie s, that service
Englewood , don 't ch arge So I thin k tha t you know , when the C1ly of Eng lewo od puts into place the Code ,
which says th at we have to ha ve weekl y garbage picked up at our house . 1s now kind of hke pumsh1ng me
because whateve r the company was whoever brought them out afterwards and whatever ,s now putt in g me
in to the pos1l1on where I have to pay extra gas service charge , S25 00 either for a ne w garb age can or fo r
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Englewood Ci ty Council November 3, 2008 Page 10 administration fees to get my garbage picked up I think that Is an unfair burden on people ,n my area And 11 Is kind of, basically a monopoly too of these 2 companies to overcharge people In my area ,n order lo get our garbage picked up And then commen~ng on the recychng place s,nce t lrve nght in that a-ea too we already had extra traff,c In that area thanks to wh.ltever the RTD place Is now called With lhe buses C01111ng on Rantan TeJon and Zun, so you know you have aff this extra traffic coming on you have pnnong companies in the area you have Premiere Garbage that ,s nghl next to the greenbelt park So you the btg vehicles and diesels that are In that area that block trail,:, like with Busy Bee that Is right on the corner or
Baker and Teion So, whenever the lrucks come In to deliver paper to them ... they block tra ffic, since 11 Is one
lane both ways Th en the glass place that Is larther down , closer to th e Fire Department, that they had diesel
trucks pulling In th ere too to block the road. Then you have the Premier Waste Disposal people right by the
greenbelt that go in and out, across the street and over to them that are blocking with their trucks and then t1ke I
said , with all the RTD .so I don't see ... if you are going to be havmg 300 diesel lrucks In that area In one day ,
how that is going lo help property values or even the traffic sttuation In their That Is ndlculous I mean we
already have diesel trucks that park there al mght waiting for that recycling ptant to open up on like Wesley and
down the street So I am JUSt thinking the City really needs to think about whether they approve that about the
traffic situallOn, because one lane on Zun,. both lanes one lane on Te)on. both ways one lane on Ranlan.
both lanes. Just stop signs ,n some of the areas I mean Zuni and TeJOn you go zipping straight down and
there are problems already with speeders ,n that area , I don 't see the And then lhe last th ing I have to bnng
up is .. I called Code Enforcement about a property that Is right next to the property that the City of Englewood
bough t... that Is on the corner of Zuni and Wesley. I had cal led them because they had blocked my house with
theor refuse lrom their yard there. II took 2 months for the City Code lo take care ot It and I had talked to half of
th e City managemenl aher a week after sayb · •~s slill there It took 2 months to get that taken care of So. If
I wanted to walk on that block , I had to either nsk iwIsbng my ankle or stepping out of the way because of the
stuff If I can up Code Enforcemenl and the City of Englewood about a prob(em I think that it should be taken
care of with111 a reasonable amount of bme not 2 months And, in the past I had talked to Sanchez about these
thmgs and he got on my case saying I was n,tpiCk,ng when I was like bleeding because bushes were
overgrowing on the Sldewalk that I walk on and I got scratched up So, you know. I kind ol feel a lrttle frustrated
nght now with lhe Coty or Englewood. Thanks
Mayor Woodward said thank you.
8 Communications, Proclamations and Appointments
There were no communications proclamations or appo,ntrnenls
9 Consent Agenda
COUNCIL MEMBER MOORE MOVEC, AND COUNCIL MEMBER PENN SECO NDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (a) (I), (ii), (Iii), (lvl and 9 (c) (I).
(a) Approval or Ord inances on First Reading
(1) COUNCIL BILL NO 74 , INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 4 CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE
2000. WITH THE ADDITION OF A NEW SECTION 21, ENTITLED "OFFICERS OF CORPORATIONS,
MEMBERS OF PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES"
(II) COUNCIL BILL NO 75, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDI NAN CE AUTHORIZING AN INTERGOVERNMENTAL AGREE MENT ENTITLED "US
DEPARTMENT OF THE INTERIOR U.S GEOLOGICAL SURVEY JOINT FU NDIN G AGREEMENT FOR
WATER RESOURCES INVESTIGATIONS"
(m ) COUNCIL Bill NO 76, INTRODUCED BY COUNCIL MEMBER MOORE
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Englewood City Co un cil November 3, 2008 l'age 11 A BILL FUi-,•.OJ ORDINANCE AMENDING TITLE 4. CHAPTER 4, SECTION 16, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED "NOTICES SEN T BY MAIL' (iv) COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTION 4, AND ADDING A NEW SUBSECTION 8, "LOCATION GUICE" TO THE ENGLEWOOD MUNIC IPAL CODE 2000
(b) Approval of Ordinances on Second Read ing
There were no add1liona l items subm1ttad for approval on second reading (See Agenda Item 11.)
(c) Resolultons and Mollons
(1) RESOLUTION NO 76, SERIES OF 2008
A RESOLUTION ACCEPTING CHANGES TO THE CITY OF ENGLEWOOD'S l"''ESTMEN I POLICY PER
OROINANCF 45, SERIES OF 1995,
Vote results :
Motion camed .
Ayes Cour.cil Members Penn, .A~.::asfin, Moore, Woodward, Jeh, 'Son ,
Wilson, Oakley
Nays · None
10. Public Hearing Items
(a) Mayor Woodward said this ,s a Public Heanng to gather input on Council Bill No. 69, amending
the Unified Development Code pertaining to flags in the South Broadway Business Improvement District
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SE:CONDED, TO OPEN THE
PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 69, AMENDING TH E UNIFIED
DEVELOPMENT CODE PERTAINING TO FLAGS IN THE SOUTH BROADWAY BUSINESS IMPROVEMENT
DISTRICT.
Ayes: Council Mem.iers Penn, McCaslln, Moore. Woodward , Jefferson,
Wilson, Oa~ley
Nays. None
Motion earned and the public hearing opened
A, witnesses were duly sworn
Oire;10r White said this Is a Council BIii for a proposed ordinance amending the section of the Unified
Developmenl Code pertaining to flags As you know lrom ~t reading, the 810 has requested the displaying of
flags on certain days dunng the month to ann ou nce the event that they are calling a sale day As you are also
aware , the Code currently allows only the display of flags of cities. states and nations So. ,n o,der to
accommodate the BIO request, an amendment to the ex,sting UDC provisions, dealing wtlh fiags, ,s necessary
The Planning and Zoning Commission did hear this item back In September of this year and did recommend a
couple of minor changes to the ordinance I should mention that the ordinance as drafted , and as contained in
your packet, does not allow the type of flag that the BID actually wants to display There Is an Image of thlt flag
contained within your packet We have drafted this ordinance without the benefit of thl~ tmage and we are trying
to be very b•oad In giving the BID latitude In displaying nags. Whal would be necessa,y, In order to
accommodate the flag t·,t ts being proposed by the BIO, is to amend the ordinance on second read,ng There
was a lot of d1scuss10n abOut other bus inesses outside the BID disp laying or being able to display for "sale"
signs And, as noted In the Councd Communlcallon, there ,s the ab<hly of a non-BID business to display a short-
term advertIs,ng s,gn, which could be a ·sate· today type s,gn , for up 10 six. two week increments during the
year A permit Is required for that type of sign and they are bmIled 10 wmdow or waH signs There are alSO
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Englewood City Co uncil November 3, 2008 Pago 12 lrm 11a11on on coverage and size of thuse s,gns That bas ically concludes my brief presentation on wha1 this ordinance ,s aboul I would be happy 10 answer any questions you may have Mayor WoodWard said ate there any quest10ns for Alan al this lime? There were none Bob Laughlrn said I have a business at 3445 South Broadway I am 1usl br,ngtng a full s,ze copy a mock-up ... of what we are talking about for our banner lo display one day a month We have approximately 45 flag
poles on Broadway that we display the American flag, th rough the Lions Club, I th in. for 11 holidays a year We
have been using the Amencan flag on our Saturday sale just to create some kind of recognit10n when people
drive by that there ,s something g01ng on That is why we would like to use the banner that we have designed
here. that says ·sale" day II JUSt doesn't get the point across, ti 11 doesn't have the words on ~ So. I lhtnk thal
,s all I have to say about it We can leave this, If you need to look at rt a little more
Mayor Woodward said jus t a quick questio n Bob. We have a picture of Iha banne r here. Is th,s dimension
correct 24 inch width by 36 inches? Mr Laughhn said I believe that ,s what we have designed yes Thal Is
what this comes out to Mayor Woodward said okay, thank you
Councrl Member Wdson sa,d as I understand thrs • .it was gomg to be stra,ght across Was there a picture? Mr
La ughlin said I thought the pictures were 1n you r packets I can distribute some
Mr Laughlin said we had hoped to go straight out from the build ing, but I don't believe Iha! the exist,ng flag pole
holders are strong enough to be able to hang them honzontally So, we will probably hang them at an angle hke
a typical flag
Council Member Wilson said I am supporuve of this banner I feel the BID has done a trerm,ndous amount of
good for that area ar.d they have worked tog ether with the City and I feel that you do need something that
actuall y says something to Identify th e sa le
Mayor Woodward said do you have anything else to add Mr Laughl,n? Mr Laughlin said I don1 thmk so We
will leave ,t up to your good )udgmenL but we are trying lo make ,t tasleful and uniform. in an effort to bring more
attention 10 that section of Broadway to help the economy by conect,ng more sales lax. Thank you
Mayor Woodward and Council M :11ber Wilson said lhank you
Mayor WoodWard asked ~ there was anyone else who wanted to speak dunng the PubllC Heanng There was
no one
COU NCIL MEMBER JEFFERSO N MOVED, AND COU NCIL MEMBER WILSON SECONDED , TO CLOSE
THE PU BLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 69, AMENDING THE UNIFIE D
DE VEL OPMENT CODE PERTAINING TO FLAG S IN THE SOUTH BROADWAY B USINESS IMPROVEMENT
DISTRICT.
Ayes Council Members Penn. McCaslln. Moore Woodward , Jefferson ,
WilSOn, Oakley
Nays None
Motion earned and Iha pubhc hearing closed
Mayor Woodward said I would ~ke lo open It up for discussion nght now
Mayor WoodWard said I have lhree ,terns that I would ltke to bnng up that maybe between Alan and Dan can
be addressed I know that lhe BID originally, when they orlg1nally had this Idea, 1t was the Idea to have "sale"
day on that . what I will call pennant. or nag , or whatever we wan t to call ,1 And it is my understanding, al the
Public Heanng. somehow nobody showed up and that was nol conveyed lo P & Z or was nol totally clear And
lhere was not a picture hke this or. at thal 1,me. the paper photograph of the s,gn So, lhere are three ,terns thal
I wanl to 5U99est on lhts and I would hke lo see wllat the rest of CounaJ thinks about ,t A WOUid be to add
lettenng whlCh was ,n the ong,nal slaff suggesbon lettering lhat ,s SpeClfte and 1t says ·sate· today Only those
two words ·sale today 1ogether with lhe logo of the BIO My second ,tern would be to pul ,t anywhere ,n t+ie
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Englewood City Council November 3, 2008 Page 13 City, a11adable for any business So. that may mean not only that ti would be the BIO logo ~ might be Brookndge Shopl)lng Center AsSOCJalK>n logo, If there Is such a thing and I don1 know that tnere IS If there 1snl there would be no logo There would not be a logo for a pnvate business. It would Just be ·sale· today and blank And the third item I would want to add Is what the BIO had originally done ... a11d lhe ongin~I store owner who had been doing this for some lime was doing this ••g last business day the last business Saturday of every month and only that day dunng the month So, I would tote to suggest that we change what we have, by adding these three ~ems amending this and going f01Ward from there So, I would Ike to open that up for d1scuss10n
as far as those ideas
Council Member Mccaslin said well I guess, since I kind of took the ball last time and said that I think that
people south, that weren't part of the BIO, were kind of being left out I would like to see them open It up to the
business owners there. I app<eaate that And Ted, I eat at the Breakfast Queen at least two or three bmes a
week so f will not forget your area But I st1n want to make sure that the rest of Englewood Is .and I appr8Clale
those amendments you have added ... I think those are fair, My big concern was the people In the soulh area
that weren't part of the BID. Because if I was a new ov,.,er coming In with a business and I didn't know even
how to start a BI0 ... and they didn't come to me and I wanted to do somethlng ..• at least It gives me the
opportunity to hang a sign now So, t appreciate that Mayor Woodward said okay
Mayor Woodward said is there any comments on the lettenng that says 'sale today" Quite frankly, I see no
reason to have a nag up there unless it says that
Council Member Oakley said after sitbng through the long d1SCUssion, and reading the f!'lll'lutes today as a
refresher, I am of the opinion that IS why we decided to have a Pubhc Heanng, was so the 810 could come to us
and give us their preference Because ,twas said lhat. .. the way the ordinance stands now you could not say
'sale day" on the banner, And that was what we we re going to try to get decided tonight. Is that where we are
at or not?
City Attomey Brotzman said if I can help a l1tUe on Council B11165, there was a Counc,I shOrt-term request
And we prepared altemative languag e for you That is Whal you are talking about here, You are at a Pubhc
Hearing and there Is no second reading tonight So, what we are talking eboul Is prepanng altemate language,
similar to What you received on the other bill
Mayor Woodwatd said correct •. so what I am llying to find is .. d there Is consensus among Coonal to come
f01Ward with my suggesllons ... my three additions or something else.
Council Member Penn said I would like to speak to that before we make some suggest10ns. I really support
this I think this is a great idea for BIO. With what Bob said I really want ewry011e else to have the
opportun~ to do this But the third thing you did, was you put It on the last Saturday of every month And I
agree w~h llll:t, but I think sometimes there may be other tunes When they may need to display that and I think
there should be a process for them to be able to come back and say we have Englewood Days coming for a
week is there any way we can put this in? I don't know Ir that would happen, but I Just think we should put
something in there that would allow them to come back and maybe do ,t another time during the month. That
would be my only suggesbon
Council Member Mccaslin said thal is a good question How come it's Just the last Saturday of e9ch month?
Macy's advertises every day for a sate ... I'm like ... oh my God Macy's , Macy's ... ther advertise every sing le day
for Macy's So tell me the history of why it's Just the last Saturday Cou11cll Member Jefferson said that Is what
the BID feels would be most effectJve
Council Member Penn said I think the consistency of having the sale on the last Saturday of every monlh ... and
once they get that consistency I think their custome rs would get used to that But, again, I sl ate that
maybe there may be one or two other times during the year that they might want to display that Oag
Councij Member Jefferson said I would agree a, I generally feel that we shOutd allow some nex,bdrty to allow
for the business owners to promote their bus1nes&cs
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Englewood City Council November 3, 2008 Page 14 Council Member Penn said al least have a way for them lo come 1n a,d requesl lhat Council Member Jefferson sa id yes without having 10 go through lhIs type of process Mayor Woodward said I lh,nk Dress for less IS 1he one who started lt1s and they staned 11 some tome ago They did ,t through wo«I of mouth and handing out flyers They have been very successful with this and word has gotten around And I lhmk when the rest of the BID gel Involved and gol lhe idea thal lh1s may be somelh1ng and I think II ,s a pan of branding Eng lewood I can cena,nly see ,1 a year or lwo years from
now lhe poss1bihty of throughoul lhe melro area hey, Englewood goes on sale lhe last Saturday of 1he
month It Is 1he type of thing 1n my mind, lhat 1s pro-eoonomte develOpment bnng1ng people onto our
community 10 purchase things Now Dan, correct J11e 1! I'm wrong , 1f somebody wanted to come rn rf somebody
wanted 10 do lh1s nag more than once on some other day .. on a Monday ... on a Friday whatever .at other
Umes •. they could come In, iust like they do 1or lhe banner going over Broadway I think they could even go In
on perm1t11ng, couldni lhey? City Attorney Brotzman said not currentl / I !honk lhat Is what Randy ,s asking for
,s a mechanism to do someth111g sunilar Counc,t Member Penn said I don't want to stop th,s because ol that
But I think 1f we allow them .say that they have one day ,n the year that they might want lo put this out
extra I think we should afford them the ava1lab1hty to it But I won 't slop this from going through tonight
because of lhal Mayor Woodward said rt won't go through tonighl we are Just hav,ng a d1scuss10n Mr Penn
said I know but I mean just to contmue on
Mayor Woodward said I think part ol the discussion and the concern of Planning and Zoning was lha l they didn't
want something that would get out of hand And I think years ago possibly things hke sldewalk sales may
have been a J)(Oblem Coty Attorney Brotzman said we can use the same mechanism tha1 we use lo approve
sidewalk sales we can draft language on approving add1bonal days
Council Member Mccaslin said can I ask for clanfocalion on that? How can ... if I am a business owner and I
want lo have a sale today ... how ,s lhat gomg lo get out ol hand? I mean I'm go,ng to advertise a ·sate today"
and then I'm going to have one Fnday and then I'm 901ng to have one next Tuesday
Mayor Woodward said It isn't abOut that Whal lhIs is about Is hav,ng thts particular sign hanging out In front of
their business Mr Mccaslin said okay Mr Woodward said If you want to have a sale today anJ you advertise
In the newspaper or on the radio you can do thal
Council Member Mccaslin said right .. but what I am saying .• you sa,d something abOut 11 getting out of hand
And I'm Just wondering Mayor Woodward said no I'm saying the signs these nags hanging out or Mr
McCaslon said too many days tn the week or Mr Woodward said dlfferenl days and ti starts IOsing the effect
would be my
Cou ncil Member Oakley said yes, from a practleai standpoint. as I see it and I'm just one person for these lo
be effecbve, they have lo be displayed on a hmtted basis because otherwise they are going to become
convnonplace If you dnve down Broadway one day of the week and there are an or these yellow flags with
·sa1e· wntten on them 11 ,s going to get your attenlion. But 1f they are there all the 1Ime after awhile nobody ,s
going to pay any attent,on lo them
CouncU Member McGasJ,n said so irs more for effect then Okay I mean that is JUSI a questoon when you say
11 Is out of hand rm telhng y<JU there are businesses that have sales every single day So, I am trying lo
understand the dilemma of going some companies can do a sale every da y and we are on ly going to allow
them on the last Saturday of the week ... I mean of the month I am )usl trying to understand It and why 11 would
bea problem
Council Member Wilson said they are Just trying 10 bnng people to the City al that point .. and ti Is branding and
II ,s consistent. But the other thing , Counci l Member Jefferson said lhe business inside the BID Is free to have
a sate on any other day just like any business would Ms Wilson said yes Mr McCashn said right they Just
can't advertise II. Mr Jefferson said they JIISI can I have this sign Mr McCaslm said oh Okay I get ti
Counci l Member Oak ley sa,d obv,ousty this Is a subject lhJI we are all interested ,n and we have had a lot of
d1scuss1on about It ,n one session and we are beg1nn1ng to do the same thing here I might ma ke a suggesilcn
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Englewood City Council November 3. 2008 Page 15 that we 1ry to st,ck to what the 810 had asked for the one day a month and tr.e for "sale" on the s,gn and then 1f that goes good and they want to come back to us wrth something else later they can always do that Mayor Woodward said I would like lo add !he rest of !he City Mr Oakley said oh , yes I have no problem with that Mr Woodward said okay Mayor Woodward sald I think Dan was saying something about and I th,nk you were interrupted about how
you could handle you could draft some language .. which we would see at the next meeting and we could
either accept It or not City Attorney Brotzman said tha t is correct
Council Mem ber Wilson said I think the important thing 1s to move this forward , w,th the hOhdays corning So
they can start us,ng thlS sign nght away
Council Member Moore sa id I actually have d1fflculty with us mandating not mandating .. but dictating
marketing mate11a l and specifying which day of the month It makes sense I'm struggling with how to I fully
want to accommodate ... I respect the 8 1D's formation and their effort and I want to accommodate this rm
haVlllg trouble when we extend beyond . and now we are JUSI maJong general the City's stepping 1n and just
making general rules about marltet,ng in the City I find myseff uncomfoltable with that So, I'm actuaffy, oddly,
more comforlllble 1f we narrowing address this towa rds the BIO. Again, 1n my mind, ii is recognition of the effort
and the backing of that organiza tion. Now, the more we take off some of these res trictions ... the more we are
defining marketing material for the businesses In the City and that doesn't feel right lo me either So, I struggle
with that. I can't tel you why Saturday has to be the right day Maybe the nght marltebng thing IS Thursdays
I'm not . from my Council seat.. dictating what's the right day of the month So, I lean more towards .. although,
again ... I hate to add more adm1n1strabve burden to our staff and the resulling budgetary claims that that creates
bul, I wou ld rather we have basic guidelines where we are saying .. here Is the ballpark or what 1s
appropriate lndlv>Cluoliy review these requests and make sure they fil And then we could say .okay this nag
on this day every Saturday, Is fine When we start writing In that you can write "sale today" and you can hang d
on Saturdays In our City laws I don'! know I feel like I am overstepping my bounds
Coun cil Member Jefferson said I generally agree and I would say that, also, by allowing for mo re flexibility, I
think that just helps the private markets as well By allowing them nexit1l1ty to decide what Is best for their
businesses I didn't think we were that far off when we started off JUSt saying a BID approved flag can be flown
by a BIO business That's where we were ong nally and I'm not sured you are k,rd ot stepping back towards
that or If that means you are considering something else
Council Member Moore said Joe, to be honest, I am not completely sure I would be more comfortable If we did
Just obey the p11nc1ples and say these are our, kind of, three guld,ng pr1naples and then we want 1t executi!d at
an adm,mstrahve level Council Member Jefferson said okay I just kind of heard last time that we didn't want to
anow too much nexibll1ty that was kind of the feedback I was gelling and now we are kind of on the opposite
end of the spectrum .. right? Where we are say 1ng ... hey, maybe we are doing too much
Council Mem ber Moo,e said not exacUy Because, 1f we had a discussion about principles. I would sllll be
strongly advocahng I don't want anything that resutts tn this becoming JUSt a routine display across the City
randomly I hke the BIO's I hke what they are trying to do 1n this case There 1s a unity, they want to come out
in numbers. and this consistent message that I can sit here and say that makes sense Al the same time , 1n
defining those principles, I want to be clear lhat I am not looking to have these banners all ove r the
City everyone gets to chose which day of the month they use I am not sure exacUy where a debate :>n thOse
pmclples would come out I just think that that would be we probably would be pretty ck>se 1n terms of what
you have descnbed but t don't like putt1119 ·sate today' in the City .iws
Coun cil Member Wilson said so, whal you are saying 1s, let's approve this and then 1f other peop le want lo come
and do something similar, ll will be handled lnd1v1dually adm lmstrat1vely Counr.tl Member Moore said yes I
would hke to say If we could turn around and say that we would be comfortable that thd process was put rn
place that staff would approve this now how do we back lhat up to a pnnc1pl~ based lwet and say the
gu1dehnes Counctl 1s giving 1s that 1t hands over that adm1mstrat1ve decision needs to r.ay what to adequately
accommodate this but also restrict abuses that we might antocipale
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Englewood City Council November 3, 2008 Page 16 Council Member Jefferson said I guess I'm Just nol sure where lo lake lhal as far as you know I'm 1nteresled tn getting these flags up as soon as possible 10 help our partners ,n our commumly So whatever the rest of Counc,I Is feelmg as far as whal can we do to gel this mov1ng along In that dorecbon Council Member Penn said I will withdraw my need lo do ,t anolher day , so we can make tl good
Council Member Moore sa,a Mayor, do we have 1,me at lhe Study Session next week lo we ll, all right Joe I1as
jusl pul on the table Whalever ,1 lakes to get lhls done fair .. no, no I agree wI1h lhat My thought would
be If Council Is okay with this pnnc,ples based approach combined with lhe admmtslrahve discretion of
Commun4y Development can we try to squeeze some lime on al the Study SesSIOl'I nexl week? Mayor
Woodward said we don'I have a Study Session next week, we have an Execubve Sess10n on personnel matters
the whole l ime.
Counctl Member Wilson said can we move f01Ward on just this one and discuss olher businesses later?
Mayor Woodward satd we can have Dan come forward with the language that we are talking about that would
come fo,ward at our next regular meeting with a pk;k and choose . I think
Council Member Moore said the problem Is one approach mOdifies this language to sl art Inserting frequency
and banner language Inside of here .. lhe olher one Is more of a different approach . Perhaps, you can shll give
us both Dan I don't know c,ty Attomey Brooman said we should be able lo Mr . Moore said
okay alright so let's proceed With, basically, the app,oach where we have specific language to perm,t
thrs ... whatever the general consensus was .and then a second attemattve that would step back, give higher
level guidance from Counctl with an administrative procedure .
Clly Attorney Brotzman sa id you will see that language and you wil l have It on second reading and
lhen much like the presentation lonlght W lhey wanl to come back and kind of do a closing argument, since
the hearing Is closed and lhe lesllmOny ts over much hlle they dtd on 65 you could do the same thing Mayor
Woodward satd okay
Bui, Council Member Wilson said , can we approve this at the ne xt meeting on second reading? Seve r~I
comments were made al once. But, C,ty Allorney Brotzman said, as you change ll you have to keep exlend1ng
ll to one more reading lhat's the problem
Councd Member Jefferson said lhat s what I'm saying W11h the process we keep pushing bad( by havtng aN
these different issues In front of us
Council Member Moore said no one Is supporting lhis current language That's what I am heanng .. nghl? Th,s
doesn't aUow "sale loday• Council Member Jefferson said lhat Is whal I was lrymg to m0d1fy last time was to
allow for "sale today" and gel us fur1her along ,n the process So, I am just al a loss iust asking you
guys hey what will allow 11 to move fo,ward today?
Council Member Mccaslin said I lhink whal Jim proposed Council Member Moore sa,d we can'I vole
loday 11 has lo wall until second reading for us lo take any aclion So, we are laced wilh next week Is the
only ,,me we can propose any changes and I think lhere Is a 100% chance II will be changed from ,rs cuI renl
fonn So, therefore, we are in effect al r,rst reading nexl week rather m IWO weeks
Council Member Wilson said then that i~.ives ,t al a monlh and I think thal ,s 100 long I mean can't we go
f01Ward w,th 1us1 lhe BID, because they are tit~ ones who came lo us?
City Altorney Brotzman said lhe problem Is to move lorward and actually approve It on second reading you are
approving ti nol as their sign currenlly Is but as the Planning and Zomng rer.ommended 11 from then meellng
So, they can put up a BID flag but 11 can't say ·sate loday'
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Englewood City Council November 3, 2008 Page 17 Counol Member Moore said there ,s no way for us 10 we have to follow the ordinance rrocess for 1M nght? City Altorney Brotzman said nghl Mr Moore said the current rules proh1b1t 11 11 1s Just the nature ol government lh1s keeps us from doing things too qu" t and being accused or not going through due process Cou ncil Member Jefferson said we cou ld have allowed 11 to go forwArd today had my amendment passed Is that correct? City Attorney Brotzman said correct
Coone,! Member Moore said we weren't near consensus at that point but that 15 correct
Mayor Woodward said 1s there something we could agree on?
Council Member Jefferson sa id but now we are In consensus that we want to allow the BID to use this slgn , .. 1s
that correct?
Mayor Woodward said that ,s what I am trying to find out
Council Member McCashn said not only the BID. Counctl Member Jefferson said Whal 1s that? Mr McCashn
said I like what Jilt said ... not only the BID yes, I want the BID to use it, but I also the ava1lab1hty or other people
to use II
Council Member Jefferson said everybody Is okay with allowing the BID to use this correct?
Mayor Woodward said the lettenng ·sate today' the quesuon 1s ls that one thing that there is a consensus
here that we can agree on? Several Council members said yes Mr Woodward said just that one item?
Council Member Moore said lt depends on the llm,taUons placed around lhem I am generally supportive of
it yes ... but I went to make sure .. ,! can 't say I give it full support without knowing 1f we have packaged It
correclly,
Mayor Woodward said the three Items, to repeat my three Items .. and then 11 you can state your concerns and
Dan you can piCk that up Number one was anywhere III the C&ty, number two was the last bus,ness Saturday
of any month only and number three was lettemg that staled ·sale today" and nothing more other than the logo
or what has been proposed here
Council Member Moore said Jim, let me ask .. continuing that 11st, were there any concerns about the 15 square
foot size In this , as opposed to the 6 square feet they are asking for? Do you measure two sides of the flag?
Mayor Woodward said, from what I understood from P & Z and I ment10ned this to Dan today when I was
talking to him I was going 10 suggest t 5 square feet ~ huge I mean, that Is big that 1s goong to be
dragging over the sidewalk . people are goong to be goong through a curtain Counal Member Moore said they
are only requesting 2 by 3 6 square feet Several COUIICII members were speaking at once C~y Attorney
BrolZman said that they can adven1se on both sides Is the key and we will work that out
Counci l Member Moore said okay I want to be clear we don't end up with 15 square foot on one side So IJ 11 1s
understood lhat that Is what that means
Mayor Woodward said I think we can go with 12 I was goong to suggest changing that 15 to 12 and we are shl
covered
Council Member Moore said 11 we do that can we make ,t clear that 1s measuring both sides of the flag? That
,s what I would suggest
Mayo: Woodward said that 1s bigger than our American flags lhat we hang up lor L10ns
Counol Member Moore said okay So . I Will consider that a fourth on your hst Mayor WoodWard said okay
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Englewood City Councll November 3, 2008 Page 18 Mayor Woodward said John, spec1f,call y your concerns Councd Member Moore sa,d Dan Just bring a blank sheet ol paper There was laughter He said to be honest Im not sure beyond being able lo say agreetng on three or f011r pnnciples to guide the admin,sIratlve review process Im not sure what ,1 needs 10 be I lhink " would need to be well, pocking off ol what P & Z was trying to do I think rt would be someth,ng along the •nes of hm,ted to Business Improvement Oistncts C,ty approved Bus,ness lmprovemem D1stncts and perhaps ,1 would mctude to the extent lhe flags are going to ,nclude the language other than emblem and bUe of lhe o,ganizat,on such as ·sale today· thal they would be hmIled to we would del,ne some time hm,t
Mayor Woodward said okay Again, coming out of commercial real eslale and knowing abou I strip shopping
centers .. they have a marketing association that goes along wilh that Such as Brookrldge Shopping
Cenler ... I don 't know If they have an association they may Ors >meth,ng over al Centennlal...may And lhal
would be similar to a BID .. where they, as bus,nesses, pay for advertising together and dolferent things loke that
These, again being str,p meaning mat they are entered from the exteno,, ,nto the front door and out agaJn
Council Member Moore said I just thlllk that the more we talk about ~ that way we are )Ust moving 10 saying
thrs ,s JUSt a norma~ pennlss,ble means of advertising your bus,ness And th,s IS something that we have
dellberalely not perml!led ,n lhe past And ,n trying to ar.commodale whal ,s, arguably, a narrow request, we are
tum,ng around ... we Just keep broadening ii .. 10 be fairer we keep broadening ,t and now we are Just go,ng to
•ake ,t anolher permissible form of advertlsing .once we do that, I can't say why Saturday is better than
Sunday or Tuesday .. It's th e slippery slope Issue Mayor Woodward said okay,
Counc,I MemberW,lson said so we can't Just approve BIDS we have to make ,t .. I mean to approve this faster,
can we )USt deal w,th this SJgn and look at the broader v,ew later?
City Attorney Brotzman said you won't speed up you are going to have anemahves, but you have to
understand, you art going to be making an amendment rt looks flke. no matter what So the process ,s 9011\9
10 take the same amount of bme
Council Member Moore said le' me , .actually, let me ~Ian wha t Jill is getting at In Dan's eyes, we are shll stuck
with first and second rea~111gs yet to go, One approa.:h would be to narrowly put this ln ... narrowlng perm,t this
In the ordinance and get ii passed on first and second reading But, for me to agree with that approach .. for
Instance ... I am going to hold It to .. we are c nly permitting in the BID circumstance t know If we are going lo
start talking aboul broadening ,t I am goin!J to start talking about the other principle based 1Ssues So, ,r
Council really wants to say .. we want th,~ ~ s quiek as possible I'm wilhng to say . as long as we very narrOWly
wnte to this one and come back to the broader issue I'm okay wrth that The moment we start broadening It 11
thts first go around I'm going to push lor my version of rt, as weH And that IS what bogs us down
Counc,I Membe< Wilson said the thing Is 100. no one else Is co,mng to us and wanted to do anything So.
because the BID has taken this time and come to us and shown us something and have a prolocol that we
should try to work with them . when they a,e going to pay for half of our Chnstmas decorat ions, buying bike
racks you know really helping the City grow positively and pedestrian fri,mdly downtown ... Council Member
Jefferson said I agree let's not '.c>nvolute lhe ,ssue. with other issues thal may be Important as we ll to
discuss and I would be happy lo d,sc·Jss those In lhe future But we do have a very narrowly tallOfed requesI
and ,1 iust seems that, as a partner lo them , that we should be as accommodabng as possible Thal ,s what I
was lrymg to do lasl time with my amendment And that Is what I was 1ry1ng to focus on and that ,s. again wll.ll
I am trymg to locus on rs say,ng. hey, let's try to be accommodabng with our partners here
Councd Membe< Penn said I agree, but as ,t ,s wrrtten, lhey wouldn't even be able to put "'ISie today" on there
So, 11's still going to lake awhile to gel ,t corrected Bui I understand yes, we could pass 11, buI they stlil won't
be able lo pul any signs up
Council Member Moore said no, no we would do what we had to , 10 permit lhIs very hm,ted situahon And gel
11 done a! fast as the approval process allows us What we would be doing ,s deferring all the other assoc,ated
debales that go with it
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Englewood City Council November 3, 2008 Pag e 19 Council Member Mccaslin sa id deferring so they are shll going 10 be brought up? Mr Moore said as long as Council wants to keep push ing them .. Mr Mccaslin said absol tJlel y, absolute ly. Mr Pen n said I agree Mr Moore said I am w,lling to move forward , if we can wo rk with what Jrn, ~reposed , as long ,s you are w11!1ng 10 narrow .. Mayo r Woodward said fro~ anywhere elim inate anywhere ,n the C<ty Mr Moore sa,d rr~ht now we will Just do ii .. Mr Pen n sa id if we want lo get th,s lhrc,ugh , let's just gel it through and then we will come back Mayor Woodward said what I would suggest is that we tel Dan brmg forw;,rd these mod1frcations and m'!~h •
they can go in the packet ne xt week ... in th is week 's packet as a samp le ... it's one lhrng . So , we get to see It at
leas t
Council Member Wilson said would this be wntten up as Business District type of thing or .. I mean how will It be
wntten to just specify one ent ity? Council Member Moore sa id we shou ld still be ab le to ... l thmk .. the City
approved Business Impro vement Distnct.. that's In there . I'd hke lo propose .. aga in . what I said last week .. but ,
make 3 B number 4 ... get ii off , out of the flag and I don 't know ... I mean if we actually then use flag's, number
4 ... tha l's fine ... ! don't know .. Jim may have said banne~ear lier. .. I'm not sure . Bui number 4 would basically
still stay with Ci ty approved Business Improvement Districts ... limited in size to 12 square feet on a two sided
basis ... lim ited to display on Saturday , .. whatever the Satu rday was ... and would perm ii the language ... ,t would
be permissible to have the Bl D's emblem , "sa le today· on there , So, we just very narrowly accommodate this
sltuatlon ... get it goin g and then come back and approach it more holistically So , that's the language we need
to see fo r the first orde r.
Mayo r Woodward said so we are complete with that Are there any other remarks regarding that?
Council Member Oakley said I would support getting It moving Once we ge! someth ing goi ng , I couldn 't
imag ine us ... if Brookri dge or Centenn ial wo ul d come to us and want the same th ing ... that we wou ldn't let them
do it. It would Just be the individuals ... and we will have to address it as ii comes by . But at least this gets
something gomg .
Mayor Woodward said yes . Well , and to address Randy 's po int .. if the BID came and sa id we want to pu t up
the flags on Englewood Days ... we would probably allow tha t
Council Member Penn sa id I agree . let's get this through And the n let's come back and we can visit It as a
Council and hopefully we can make some modifications ... after we get this set get th ings rollin g
Mayor Woodward said okay So, does that co mplete the discuss ion? Okay , we will move on .
11 . Ordinances , Resol ution and Motions
(a) Approval of Ordinances on First Readmg
(i) Di rector Fonda presented a recom me ndation from the Util ity Department to adopt a bill
for an ordinance authonz in g a sewe r rate increase . He sa id we have gone over this wi!h the Water and Sewer
Board and with the Counci l at a Study Session , The increases for the sewer rates are , principally , lo pay for the
Inc rease in the bond payments that come due in 2010 along with capital improvements that we have identifie d al
the Wastewater Plant. In adddlon , we will have addit ional operating expense , principally due lo methanol that
we wilt have to purchase to meet new re qu irements , with the additional plan t processes that are coming on line
as a result or the last four years of cons truction . The p1 oposed Increases are 8% In 2009 , 8% in 2010 , and 8%
In 2011 .
COUNCIL MEMBER McCASLIN MOVED , AND COUNCIL MEMBER PENN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (I)· COUNCIL Bill NO . 78.
COUNC IL BILL NC 78 , INTRODUCED BY COUNCIL MEMBER McCASLIN
A BILL FOR AN ORD INANCE AMEf!DING TITLE 12 , CHAPTER 2, SECTION 3, SUBSECTION B, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 REGARDING SEWER FEES AND CHARGES
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Englewood "'!v Council November 3, 20Uo Pago 20 Mayor Woodward asked If !here was any discussion Mayor Woodward said I JUSI wanl to make lhe comment Iha~ even wrth lhas illClease our sewer rates rema,ns lhe lowest. or one of lhe lowesl In lhe metro area And In December. hopefully, our whole plan! comes onhne fully, wtuch ,s s1a1e-0f-the-ar1 for lhe ome II was over four years ago when I first came on Council lhat we approved that ma)OI' modification So, ii Is quite the thing
Mayor Woodward asked II 1here was any olher discussion There was none
Vote resufls :
Ayes
Nays
Motion earned.
Council Members Penn, Mccaslin, MOOfe, Woodward, Jefferson,
Wilson. Oakley
None
The meebng recessed at 9 32 p m
The meeting reconvened at 9:43 p m with all Council members present
(b) Approval or Ordinances on Second Reading
(I) Council Bin No 57, approving lhe 2008 Mill Levy for collection In 2009 was considered
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (l) • ORDINANCE NO, 65, SERIES OF 2008.
ORDINANCE NO 65, SERIES OF 2008 (COUNC IL BILL NO 57, INTRODUCED BY COUNCIL MEMBER
McCASLIN)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION
OF ALL TAXABLE PROPERTY WITHIN THI CITY OF ENGLEWOOD, COLORADO
Mayo• Woodward asked II there was any dIscuss,on There was none
Vote results :
Ayes Counal Members Penn, McCasfin , Moore, Woodward, Jellerson.
Wilson, Oakley
Nays. None
Moooncamed
In) Council Bill No 65, aulhorlzIng an amendment to Title 16 Unrfied Development Code
establishing an eicep1Ion to the mImmum lot w1dlh and area requirements for subdivision of properties In all R-1
Zone D,stricts was considered
COUNCIL MEMBER MOORE MOVED , AND COU NCIL MEMBER OAKLEY SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (II),
COUNCIL BILL NO 65, IN'fRODUCED BY COUNCIL MEMBER OAKLEY
AN ORDINANCE AMENDI NG TITLE 16, CHAPTER 8, SECTION 4, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ESTABLISHING AN EXCEPTION TO THE MINIMUM LOT WIDTH AND AREA REQUIREMENTS
FOR SUBDIVISION OF PROPERTIES IN ALL R-1 ZONE DISTRICTS
Mayor Woodward said lets open thas one up for drscusslon
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Englewood City Council Novomber 3, 2008 Pag o 21 Mayor WOOdward said maybe I should start s,nce I did the short term I, myself and other Council members have gone and looked at a p,ece or property that Mr Curnow had presented at one point With the garage ,n front We also looked at the property over on Ogden W,th that and being able to conceptually see actually see something more lhan Iust something on paper we ca me up with some allernat,ves We asked the City Attorney to write up some of the allernat,ve language The first one the first alternative would be to ,ncorporate this as a cntena when a request ,s made to the Planning and Zoning Commiss,on The f0Uo\\1ng language would be onCOJporated ,n the new language that ts being added This 1s under 16-8-4 (D) (1) (a) (5) (c) the
resulting subdivision will now have a s,gnlflcant negative impact on those properties surrounding the subdivld9d
property and that the general public health, safety and welfare or the commu"'IY are protected This Is the
tang, ·age that would be added Such cons1detatl0fl shai Include, but shall not be hmned to lhe number of front
!oao,, , ,arages on the block ,n which lhe property 1s located Now there is another one and the second one ,s
my p1dfdre nce The second alternative Is an outright restriction for any requests for an exception to minimum lot
width In area requirements In R-1 Zone Districts The following language mirrors the language for duplexes that
was recenlly adopted by Council So, In addition to the A, B. and C that are there under 16-8-4 (D) (1) (a) (6)
the other restricuons would be (6) (d) (1) property having rear alley access . (a) driveway access from the pubhc
streets shall be prohibited except for corne r lots where garage, carport or parking pad may be access~d lrom
the side street .. (b) parking pads within the front yard or front setbacks shall be prohibited (II) property without
rear alley access garages and carports shall be located a mm1mum of 20 feet behind the front building line or
the dwelling . (b) maxunum driveway and or parking pad width within the front yard or front setback shall be 1 O
feet Those are two alternahves th at were pu t forward I do have a question for Dan on U-'s He sa!d It says all
R-1 Zone Districts and I am wondering II that shouldn't be under the second choice R-1C Dtstncts?
City Attorney Brotzman sa,d ,t would be because that 1s what the ong,nal ordinance Is addressing . And that
languag e is explanatory to Council, not contained In the language lhat will appear in lhe ordinance I'm sorry,
the ordinance apphes to all R-1 Zone o,stncts. so k applies across the board
Mayor Woodward said It applies across the board, but I guess with the restrictions, does It make sense for a 75
foot lot frontage or larger to have this type of res triction on II That is my question Attorney Brotzman said then
you can narrow It to that one Zone District Mr Woodward said okay
Council Member Moore said can you clanfy for me ... the second alternative ,s intended , I'm sorry, 11 wou ld
provide no exceptions for lol w,d lh in what circumstances? As presented .. all R-1 A, Band C, right? Mayor
Woodward said nght This would be the restrictions would be for R-1C These restrlcilons with regard to
properties without rear alley access , because k Is a 50 foot lot whlCh could be 5% less.
Council Member Moore said I am sorry If I am missing 1l What I am reading here It ,s Iust saying, m R-1 there
w,11 be no exceptions to th~ 50 foot requrrement Attorney Brotzman said no What this rs d01fl9 ,s p!eventng
front loading garages If you also grant the 5% If you are granting a 5% adJustmen~ this proh1b1ts lront loading
garages
Council Member Jefferson said that first sentence on number 2 seems to be a lrttle m1slead1ng
Council Member Moore sa id the sen tence says It Is an oulnght restriction lllr an except,on to minimum lot width
on R-1 Zone Districts Attorney Brotzman said again . I'm sorry Mr Moore said that was nol what that was
meant to say? Mr Brotzman sa,d ,twas meant to relate to the front loading qarage issue Mr Moore said okay
Council Member Oakley said but tha t would mean .. a property with out an alley wou ld not be able to have a
garage, if 11 was g,ven the exception Mr Brotzman said correct . correct Mr Oakley said I don't know how we
can do that
Mayor Woodward said I'm sorry Wayno, would you repeat your question, I Just didn't near 11
Couool Member Oakley said the way this 1s worded, 1f the property does not have an alley , they cannot have a
garage Council t.,ember Jefferson said ,r they split the lot
Mayor Woodward said no, they can have a garage
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englewood City Council November 3, 2008 Page 22 Attorney Brotzman said tney can 11 Just has to be 20 feet beh111d the front build,ng line Mayor Woodward said under number (•I ta) garages and carpons shaff be located a mtnmwn of 20 feet behind the front bu1ld1ng hne of the dwelling Council Member Penn said I think ,: you go over to that propeny the said property that most of us are tafll,ng
abOut on that lot there ,s one garage III the front one garage even and the ma)Only of tne garages are 111 the
back, m the,r back yards I've been over there three bmes, I th111k this week looking at an that and I tlmk that IS
the way Jts setup for atl the hOUses on that block Now d you go one block south . there are qu,te a few f1~nt end
garages Mr. McCasl1n said 2 or 3 Mr Penn said probably more than that
Mayor Woodwanl said there are some new ones that ,n one of them that was presenled to us by Mr Curnow.
that t be lieve was his. which 1s a very nice looklng house. very mce looking garage but from the street appeal,
lo me. there was no street al)Pl:al
Council Member Penn said au you can see IS the SJde ol the garage
Mr Woodward said the side of the garage with two nice loolmg windows and an edge of a house And that is
wt,y I am pmpos,ng that. I do beheve that the 5% excepi,on IS in ltne wtth the Comp Plan Roadmap 2003 I clo
think It gives us the opportunity to provide a different type ol hous,ng Hous,ng stock ~ nnportant and I think this
addresses some ol 11-" problems espeaa:ly with hav1119 the problem o! looking at a garage
Counal Member Oakley said J,m. when we apply this to al R· 1 zoning. you can rllld places In this town In R-
I that front loading garages are the norm, cenain!y, maybe w,th 10 houses on each Side 90% ol them have
front loading garages. So a hOUse could be bulll III that area and be the norm If we are talking about how
something looks, you have lo apply rt to the whole City and not JUSt this one particular area
Mayor Woodwatd said I am looQ1g at that. because tlllS IS basteally changing the size ol that lot So. ,f you look
at a ne,ghborho~d ;,nd let's s&y, for example north of Kenyon on Galapago, there are later model homes there
wtth a lol ol lrOflt i.J.lding garages garages on the fronl If there was one that came along that needed to have
that 5~. wt,;:• •~•s IS saying 1s that to have that garage provtded that there osn1 an <1lley and I don't llwlk theie
Is an aUey t~e~ that garage ,s going to have lo be set bad(. so the houses, the majontf of what you are
5'!el"!I ,ro,,., the street $Ide not the garage
Counctl Member t.'oore said Wayne JU$1 to danfy. rt was only the ,~st altemahve that Jun is nc,t tatkwlg about
thal had a func tion of the neighbors The second alternauve 1sn'l boUnd by whether Of not the bloc!< JS
predomonalety front garage or nol d Iha! helps
Councd Member Qakley said I guess that would help to a certain degree, but I guess I can·1 see the advantage
d 90% of the houses on the bloa<. already have front loading garages, that the garage is even w4h the front of
l/1e house what good is It going lo do lo restnc;t one person lo put his garage back to the back of the house II
would take a hundred years tor that to ever balance out to where that would be the nonn on the ne,ghbomood
Mayo, Wooelwa<tl saJd ti may not be the norm III Ille neighborhood because the house we are discuSS1ng here
1s not the n?rm Council Member Oakley said In this partJcular Instance Mayor Woodward said wen., the
instance of ttus OllWla'lCe which IS a 5% admon<strallve Counal Member Oakley said okay, I see thal But I
submrt to you that you have a 50 foot lot, which IS basocaHy the norm ,n this town. that you can dnYe down any
block ,n this town that has some orregutar Siled lots or you can even walk down the block and ,f they are only
W1llm 5%, Y1SUaly you cannot tel the difference because the offsets of the1r houses are the same Ycu woolcl
have to take a tape measure an:! actually get out and measure the lot to know d ~ 1s a 48 foot tot or a SO foot lot
So 10 me.. that is what we are ~ at We are looking at try,ng to do some infils and tty,ng to redeveto~
some of our properties and doing 111n a manner that w,11 not restrlCl the values and W1U not deprade the
ne,ghbomood and I sut,m,t to you that a S'lrt IS not enough to do that Now in !hos one partJcular case up here II
may be different but when you are looking at the City as a whole that ,s hOw I see 1t
• Englewood City Council November 3, 2008 Page 23 Counc<I Member Wi son saod I guess I would hke 10 make a few commenlS nus has been a really 1ough srluatoon, because al first I was thinking the 5% wasn't thal big or a deal, then I was going to the fact that 11 we changed where the garage was l~al lhal would help with thal Bui I honestly believe lhe only ,ssue that has come bef01e us W11h this has been Curnow and I haven't heard anyone request lhat I know of 01 I guess that we have been told who have asked f01 a vanance I oppose 1h1s I am not go,ng 10 vole for ,t I don'l think 11 rs necessary I think that Ii was never put Into motoon to begin w1lh and codified I think I would have to hear more positive thongs about it I understand the people coming fo<lh and I understand their concerns and I hear them,
loud and clea1. I feel thal you know, how do we know that the ma)Ollty of the people don't feel hke that We
don't On heanng both sltles of It, I would have to vote against ot
Council Member Moore said your Honor, ma-1 t add somelhong Mayor Woodward said you may. Mr Moore said
actually Jill, I agree with you This has been very tough. In listening to the testimony I think the residents'
primary concern really relates to lhe UDC st'andards of the houses lhat can be built under our UOC One of the
neighbors spoke very highly of her 100 foot lol but the reality is that that neighbor has the r,g~I to splrt that Into
two lolS wrthoUI gelt!ng neighbor's approval, It is a nght that ,s already with that lot, so I personally struggle w,th
In', Ide a lhal the next door neighbor, who has a 99 fool lot, doesn't have that same right I think that
disadvantage that Is a result Just of essentially the natural platting of the land that doesn't feel right to me e11her
and I think that the adm111istrabve process that we are proposing would have made sense and also I tlo respect
the cmzen input that we get from Planning and Zoning But all that said, I respect when the citizens come out
and speak so passionalely about !heir cause and uniformly. So actually, despite the fact that I think this ,s a
posotlve ... would have been a posibve step In tenms of the redevelopment of our housing stock in Englewood, I
don' see enough mowation to push th11 forward We have clear representation of cdJZens opposing rt and I
think that we can extrapolate and expect that from other areas and I don't hear a st rong demand thal, you know,
that a 99 foot lot owner ... that there are a lot of them out there needing this right So, Hke Ms Wilson, I wiN not
be supporting lhis amendment And again, , ealy valuing the Input of the neoghbomood not fUSI wrth respect to
what It means for this property, but what I take from that in terms of what ,t would mean ,n other neighborhoods
as well.
Council Member Penn sa,d I too, wil not suppor1 the way It Is wntten herr I iust can't do that But woth one of
lhe things that I came on the City Councll v.llh .. , was to try to enhance th, housing stock In Englewood. I do like
some of the suggestions that Jim has made and I think we should take a look at that but I would not support ot
as written here. but I would look at the stuff that J,m ,s proposing
Council Member Mccaslin said I agree . My wife and I moved from Highlands Ranch and I have been accused
sometimes of trying to bring Highlands Ranch to l:nglewood whlCh I am not let me get th3t straight because
I've had an article wrrtten about that, that's not llue Bu1 I would also oppose thos as wntten. Now of we go back
and see if we can help out some of the develope;s that wanl lo bul right now I would oppose this
JOncil Member Oakley said ,I we getting the consensus that we feel that we should do something ,n this area,
bJI we can't support rt as written, can we pull It and try to come up wilh something we all can support?
Council Member Wilson sax! I don, feel that I can support the 5% vanance. I would like to see cer1aon
standards and not huge amounts of standards, but slmdar to what we put Into effect for the duplexes put ,n for
the Musing, because I do think that is an Issue and people don't want to see garages But there has not been a
stroog push for the 5% variance I have n~t heard that is a problem So. while I would loke to see the garages
not in the front I don't knoN that the variance is a problem I mean that I don't lh,nk the 5% variance IS needed
I don't see builders coming and asking for ,t or heard th&t when I had that housing comm,uee
Council Member Oakley said as I remember thlS, It was somelhong that we decided to lrf to be proactJve on and
thought this would be a way of doing tt Now, ~ we have changed our minds on that I think at one tome, we all
thought th is was a proactive lhlng to do.
Council Member Jefferson said I agree and I guess I sbll !honk thal you know, for a polocy for the entore Coty that
allows for small variances ,s not a bad idea That rs why I kond or like this a1terna1,ve one It allows for clllzen
feedback or a hearing on particular issues w~ere there ,s a problem and that can be used to allow lor c,t,,en
input
• Englewood City Councll November 3, 2008 Page 24 Mayor Woodward said you are saying, A1terna11ve t? Council Member Jefferson said correct and that 1s iust conslderatJon shall include and I 1us1 kind of like the fact thal 11 w,U take lhe eslhl!llcs of lhe neighborhood and lh1ngs of that nature into conslderabon 1n help1r,g make thal dec1s10n of to allow or nol allow a parucular vanance 111 any s,1ua1ion But. I am generally of lhe feeling that we do have some odd lo1 sizes in the City and lhat I agree lhal you can t 1en the difference between a 99 foot lot and a 100 foot lol And the footprint of the bu1td1ng would be very s,m1lar in those s1tuauons, so I Just don't see tha1 being such a problem everywhere like 11
1s 1n the situation that we've heard aboul So, I woul~ generally be supportive of allowing for the 5% rule with
allowing for citizen feedback and lhe opportunity 10 be heard
Cou ncil Member Wilson said and are you saying who would approve lhal because citizens.. Council Member
Jefferson said f guess lhat Is a totally separate issue, because t did read the memo from Mr Smtth , f think It
was, sayir,g tnat the Board of Adrustment and Appeals would be the appropriate body for those type of heaflr,gs
I feel like rt is a totally separate ISSue though Perhaps we can Just focus on how Council feels about generally
allowmg 5% variances and you know, where we an kll'ld of shake out on that first 1Ssue
Mayor Woodward said Dan, can you address Mr Smith's teller and the consequences of that? City Altorney
Brotzmar. ,aid pnor to the UOC, variances were ~IIOwed lo actually take lh1s 5% .. ,t could be any
percentage. Into account II was simply a lots,. variance Under t:,e UOC a lot size variance, Council
determined, was no longer appropriate. They didn't want that In the Code anymore .. much like this rl iscusslon
Is taking pface on whether that is appropriate or not ll was removed from the Code. So lot size variances
disappeared What Mr Smith Is recommending is allowir,g the Board of Ad1ustment, wtth their current cntena , to
consider lot size vanances So you have to meet the cntena set forth for the Board of Adjustment ond Appeals
But Mr Smith Is not lom1hng this to R-1 O1strtcts. he IS saying, 111 all d1stncts that should be a!owed as a variance
cntena Mlayor Woodward said and your opuuoo of that? Attorney Brotz=n said tt's neither good nor bad d
,s a poricy question The difficulty ,s. It 1s so radicaly different than what you have before you that that rea0y
needs to go back to Planni ng and Zoning, rather than Just trying to draft lar,guage to address that
Council Member Moore said that was a policy dec,s,on 10 move that out of BOA's . Attorney Brotz man said
right Mayor Woodward said ckay
Mayor Woodward said so, I guess what I have heard 1s wt!h regard to Council 8111 No 65 I beheve there ,s a
consensus .. not supporting ti as written
Council Member Wilson said I am not go,ng to support the 5% variance Mayor Woodward said as wntten
Several Counctl memben, spoke at the same time
Or, Councd Member Jefferson said, 1n any other format I think 1s what she ,s try,ng to say Severa l Council
members spoke at the same t,me
Council Member Wilson said I am not supporting It I don'I see thal there Is Other Counci l members have
men honed It .. that nothing has come forward And being en the housing committee with builders that, lhat was
never an issue They would much rather see the alleys paved So, I don't think 11 ,s necessary I do think that It
,s necessary to have certain standards, such as garages ,n fronl but to me that 1s a whole different issue than
the 5% vanance
Mayor Woodward said are there any suggestions on any changes or are we ready to vote? Is the quest10n
ready to be called?
Se,eral Council members said I am ready to vote
Counc il Member Moore said personally I am not opposed 10 Council con:tderlng these other issues. but I
personally think. at this point, we put this one to bed If we come back and s1;,,1 r,~.~ start ccns,denng such
1mp,ovements any improvements for our housing stoel\ and other cons1dera11ons. we JUSt do that with a fresh
m,nd some other time Mayor Woodward said okay
•
•
Englewood City Council November 3, 2008 Pago 25 Mayor Woodward said any other comments? Counc,I Me'Tlber Jefferson sa1d I heard maybe Wayne and I generally thought that the 5% variance 1s a reasonably good idea policy for the City Is there any des,re from any other Councll members ,~ , ,rsue that In any form? Mayor Woodward said now I would have a desire lo pursue It In some sort of form . but ,1,! .,IS Council Member Jefferson said so that being said then whal IS the Mayor Woodward sa1d well hi' ,t lhmg
1s that what I had proposed , there are no mol1ons on 11. Nobody has made a motion for either one , eave
had some discussion
Council Member Oakley said I th,nk from my standpoint, that 1s the reason I suggested possibly pullinq
this .. because If you read these and you read them again and yo u read again, It Is llke my confus ion on , ,. one
question t~ • I asked •. I am not sure that I can d8Clde now that, you know, my feelings are not being swayeo by
lawsutls or .inythlng el se And I sympathize with these people's views and their standpo,nL I am tryJng to look
al w!lal Is best for the City . If this was a proacwe thing and we all agreed on 1t six months ago, before this all
came up, then In my mind, It is still a proactive th ing and we ought to come up with some kind of a compromise
where we can do II. So, If 1t is voted down tonight, then n Is just dead and ll 1s not a proac1r.1e thing anymo,e I'll
sbU vote yes, because of that, not even fully agreeing Wllh It. but n Is a pnnc,ple thing we decided 1t was
proactive at one hme and I shll think 11 1s.
Council Member Penn said I think we need to put this to bed nght now and come back with some of the
vanances and some or the suggesbons that we have •. at a later bme and in a later form
Council Member Jefferson said Is that a Study Session topic? Mr. Penn said I believe It coulo be a Study
Session topic, We need to take care of this and then we need to come back and take care of 0·1r City later
Mayor Woodward said okay Please vote .
Vote results:
Ayes Council Member Oakley
MohOn defeated
Nays: Council Members Penn, McCaRlin, Moore, Woodward, Jefferson,
Wilson
(111) Council Bill No 73. amending the Englewood Municipal Code perto,ning to Concrete
Utility lees was considered
COUN CIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (Ill)· ORDINAN CE NO. 66, SERIES OF 2008.
ORDINANCE NO 66. SERIES OF 2008 (COUNCI L BILL NO 73. INTRODUCED BY COUNCIL MEMBER
MOORE)
AN ORDINANCE AMENDING TITLE 12, CHAPTER 8. SECTION 6 OF THE ENGLEWOOD MUNICIPAL CODE
2000, PERTAINING TO THE USER FEES FOR THE CONCRETE UTILITY AND CONCRETE UTILITY
ENTERPRISE FUND FOR THE CITY OF ENGLEWOOD, COLORADO
Mayer Woodward asked If there was any discussion
Councd Member Moore said I need a moment do we have the language 1n here about how did we end up on
the Increases for the next two years? Clly Attorney Brotzman there is a resolution , Agenda llem 11 (c) (II) Mr
Moore said thank you
May01 Woodward said 1f there Is no funher d1scuss10n. please vote
Voto results:
• Englewood City Council November 3, 200 8 Page 26 Molton earned Ayes Council Members Penn. McC asl,n Moore Woodward Je'ferson Wilson Oakley Nays None (c) Resolutions and Mollons
(1) D~ector Gtyglewicz presented a recommendation from the Department ot Finance and
Adm111Istra1Ne Serv,ces Department to approve a resoluoon authonzing a supplemental appropnat,on from the
Landscape and Fine Arts Fund tor h3hlin9 improvements, concrete and electncal repairs and holiday
decoraUons He said this Is a supplementa l appropna11on Iransternng money from lhe Geseral Fund , Fine Ans
Funds lo the Public Improvement Fund tn lhe amount of $63,000 00 , $6,000 00 of that is for holiday llghllng,
$12,000 00 Is tor electrica l and concrete repairs and $4 5,000 00 is tor globe rep lacements on Broadway
Ma7 a< Woodward asked d there were any quesoons tor Frank. There were none
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 77 , SERIES OF 2008.
RESOLUTION NO 77, SERIES OF 2008
A RESOLUTION TRANSFERRING FUNDS FROM THE LANDSCAPE AND FINE ARTS FUND TO THE
PUBLIC IMPROVEMENT FUND FOR LIGHTING IMPROVEMENTS CONCRETE AND ELECTRICAL
REPAIRS AND HOLIDAY DECORATIONS
Mayor Woodward asked tf there was any discussion
Mayor Woodward said I think on the actual reso lullon there are some blanks 1n there Mr. Gryglewlcz said yes,
Mr Woodward said It ls my understanding that the first blank, which is the third whereas, the number would be
$6 .COO 00, then Source ot Funds would be $63,000 00, Use ot Funds would be S63.0DO DO Coming from the
Publtt Improvement Fund . Source of Funds $63,000 00 and Use ot Funds S63 000 00
Mayor Woodward asked tf there were any quest,ons a< remarks There were none
Vote results:
Mononcamed
Ayes: Council Members Penn, McCashn. Moore, Woodward , Jefferson,
Wilson, Oakley
Nays None
(11) Di recta< Fonda presented a recommendalJOn from the Utd1ty Department to approve a
resolut,on authormng a waler rate Increase He said this was d1scussPd In detail 1n a previous Study Sess10n
The revenue increases are needed to do numerous capital projects for the Ullhty. 1ncludlng rebuilding some or
our waler mains, pa inting our steel tanks , rebu1ld1ng some of the piping around our overhead storage reservoirs,
and In add1t1on by getting us ready 10 install ultrav10let d1slnfect1on and repair the Allen Plant roof The ultraviolet
d1S1nlectJOn system will be needed to meet Mure requ11ements concern,ng cyst removal The recommended
increases are 7% m 2009, 7% ,n 2010 and 6% In 2011
Mayor Woodward asked ,f there were any quest,ons tor Stu There were none
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCAS LIN SECO NDED , TO APPROVE
AGENDA ITEM 11 (c) (II) -RESOLUTION NO. 78, SERIES OF 2008 .
RESOLUTION NO 78 SERIES OF 2008
• Englewood City Council November 3, 2008 Page 27 A RES0Ll1T10N ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE Cl!STOMERS OF THE CITY OF ENGLEWOOD. COLORADO Mayo, Woodward asked of there was any d1SCUSS10n Mayor Woodward said I do have Siu I menboned lhal we do hav~ 1h15 letter and I will iust read ,t ·Mayor and Slaff d water btlls are bes,g raJSed why IS the Water Department sending four people 10 las Vegas? Wiry not
send one o, two and lhen the rest can educate others Long bme resldenL Ben Madison· Mayor Woodward
said do you ,..mt lo respond? •
Dlleclot Fond3 said yes. Ga,y had, I believe, ~ out two memos and I wanted lo empMSIS lhal 1h15 IS
detailed training lhat we ,,ice."e from the supplier or our b1lhng system software We have a very complex
bjjhng system We were lhe fwst'ones to use this company We did a lot of research before we got them There
have been a lot of b1ffin9 systems that have failed around the country recently over the last several yea,s And
typically those are ones that weri!'buoll ike O,acfe or other large systems that ware budt for other apphcatoons
and then they 1ry to frt you InI0Ihetr mold This bill,ng system ,s out of Toronto and ,t ,s very fle)(tble, so that we
can adapt and change with ~ and gel all ol lhe llems lhal we need done In our btllu,g system completed Since
we were the first ,n the Midwest lo get thlS system and now there are numerous others. tnciudng Boulder.
Westminster and Alvada have a~ gone 10 1h15 system now lhal lhey have seen 1l II os a very good system. ,t LS
WOl1<Jng well. but • does req111re a lot of intense tra,rnng by lhe people who operate 1\. This company sets up
yearly .. In different cllles training and It Is a conslslenlly charlg•ng system also So. we are brought up lo dale
on the changes and we are also trained in the actual usage We p<0bably have far more capability there lhan
we can now actually do , so sending people hke th1S to training IS a very economical way to get lhem lramed and
start uss,g whal 1h15 .-,stem can p<Oduce We have been do,ng lh;s for several years and we believe that thts is
lhe mosl effective way to do 11 We have had people come ,n from Toronto lo do special training when we had
to get ~ so lhat we COUid do certain func:ions bul lhal ,sn I as good as where you go some place and • is all seI
up and you ,nterrelale w1lh other ctt,es thal are also doing ,t. We believe lhiS is l he most cost elfecbve way to
gel lhe lrallWIQ and lhe traJning IS an absoklte must for OU! people to funcbon Wllh lhis complicated system
Mayor Woodward said I JUSI wanl lo rerterate too somelhlng lhat Council was aware or as we've gone through
lhts With lhe Waler Board. ,s lhal our ,ncreases at 7% for lhe next two years and 6%., 2011. compares ID
Denver at 7 ½ '4. Aurora at 8'4 and lhen 7 ½ '4 Colorado Spnngs was tallung 40 lo 45'4 and we already start
out With one of the lowesl water rates ., lhe area And so, I dori'l know d lhos gentleman's concern was lhal II
was In las Vegas, which sometimes meetings are in Las Vegas and lhal IS JUSI what happens But I lhlnk our
waler rates are cenarlly some ol lhe lowest and cenainly envled by many cllles ,n lhe metro area and a,ound
lhe &tale Thal would be my only comment
Mayor Woodward asked of lhere were any olher commenls There were none
Vote rosuli.:
MotlOllcamed
Ayes Coonal Members PeM. McCam. Moore, Woodward, Jefterson
Wilson, Oakley
Nays None
(ml Engoneenng/Cap,tal Pro,ects Adm,mstralor Henderson presenled a reconvnendabon
from lhe Public Works Department lO awrove a resokrtlcYI aulhorwng a conctete utility fee increase He said
we have about 7 3 miloon square feet of concrete ,n Englewood 6 6 m1U1011 of lhal IS ad)SCent to pnvate
propert,es and lhe owners are responsible for lhe mainlenance of C The Concrete LIol,ty IS a volun teer p<0gram
adopled by Counal 1n 1997 and probably aboul 96% ol pmpert,es In Englewood pa:UClpate The fee has not
been ad1usled since lhe Incep~on of lhe program and costs have r is.!n subslarually In 2008 we are probably
oc-.y able lo do aboul one llaff the amount ol conaete thal we could ,n 1997 Each year our conaete staff goes
oul and rates all Ihe ccncrele In the City and we include lhe worsl ol lhe wo,sl ,n our annual conaete program
The lost ts pnontized II IS~ on CUilen comOlaOllls some standard cnteRa we :,ave and we also pay special
a11en110n 10 nigh Iraff,c areas such as schools Righi now a 1yp1cal resldenltal property w,lh a 50 fool frontage
pays $25 35 a year 01 $2 11 a rnoolh W,u, these n:reases ,n 2009 lhey ,..,1 see about a 54 cent per monlh
• Englewood City Council November 3, 2008 Page 28 1nc,ease And tor 2010 an add11,onal 67 cents a month Property owners pay based on lhe amount or square loot on lrorl ol lheor propeny and 1on1ghl s resoluloon would eslabhsh lhe lees tor 2009 at 9 8 cenls per square rool and for 2010 they would be 12 3 cents per square root So we ask lor Counc,l's approval or lh,s resclution and I w~ld be happy lo answer any quest,ons COUNCIL MEMBER MOORE MOVEO , AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE AGENDA ITEM 11 (c) (1111 • RESOLUTION NO . 79, SERIES OF 2008.
RESOLUTION NO 79, SERIES OF 2008
A RESOLUTION ESTABLISHING FEE SCHEDULES FOR THE CITY OF ENGLEWOOD CONCRETE UTILITY
Mayor Woodward asked ,r there was any dIscuss1on There was none
Vote results:
Motlon earned
Ayes Counci l Members Penn, McCashn, Moore. Woodward. Jefferson,
Wilson. Oakley
Nays None
12 General Discussion
(a) Mayofs Choice
(i) Mayor Woodward said first I would lolte 10 address Mr M1lle(s commenls and lhls ,s a
queslion , I believe tor Dan or Alan if he ,s still here This Cond1llonal Use, will this come 1n fronl of us? City
Allorney Brotzman said on ly If II ls appealed This maller was approved by the Planning and Zorlng
CommisSIOII The Findings of Facl actually comes befQre the Board tomorrow night II may be appealed to
Council If tt os not within I can't remember~ ,t ,s 30 or 60 days 1t becomes final and moves forward Mayor
Woodward said okay
Couool Membef M001e said who has standing to appeal? Atlomey Brotzman said Mr M•:oer could appeal thos
Any of lhe neighbors could ac1ually appeal 11.
Mayor WooOward said Okay
Atlorney Brolzman said one note of caulion , We don't have that many hearings where we aclually follow the
exact same cntena lhal the Board has but in lh1s particular case, you are gomg to be loolung al the exact same
cntena There may be different tesbmony before you, that didn't happen al the last hearing, but lhe etotena
remains the same Mayor Woodward said ok ay
Mayor Woodward said thos IS a new use, nght? I mean a new Conchloonat Use for this partlCUlar piece ol
property Attorney Brotzman said 11 was a iunk yard before, SOllY recycling. bul 11 was a iunk yard and thal was
a perm1t1ed use It was actuall y a former Cou ncil member's property prior to lh,s and now 11 Is proposed as a
wasle transfer fac1hty Mayor Woodward said okay
Mayor Woodward said 1h1s isn't lhe one that I have done the Council Request on a few weeks ago, from I
be lieve the Brandt's? City Manager Sears said I lh1n~ ii may be I don'I remember lhal Mayor Woodward
said regarding trucks 111 the neighboring sueets and Mr Sears said 1 know that the Brandi's may love tn that
neighborhood and I think that that ,s I dor't know exactly whoell property but truly, this has been ongoing as
a d1scuss1on for probably six months or a year so It 1s a change ol use, bul as the attorney has indlcaled. thal
has been at lr,e Planning Comm,ss,on and could move forward to Counc,I Mayor Woodward said okay al
nghl thank you
• Englewood City Council November 3. 2008 Page 29 (io) Mayor Woodward sa•d lhe 11em regarding lhe lrees Iha! were btoughl up on the Study Sessoon on Broadway The 810 has proposed to replace 10 lrees at 50% al thcor expense and 50% at the business owner's expense They are asking for our approval to move forward w,th !hat MAYOR WOODWARD MOVED, AND COUNCIL MEMBER PENN SECONDED, TO MOVE FORWARD WITH THE BID PrOPOSAL TO REPLACE 10 TREES AT 50% AT THEIR EXPENSE AND 50°4 AT THE BUSINESS OWNER'S EXPENSE, WITH THE PROPER PERMITS.
Mayor WoodWard asked If there was any discussion There was none
Vole results
Mol1on carried
Ayes , Council Members Penn. McCashn, Moore . WOOdward, Jefferson, Wilson,
Oakley
Nays None
(111) Mayor Woodward said I just wanl lo mentJOn thal I did have the oppoltunity to
participate, last Wednesday 0< Thursday, in lhe process of choosing the calendar art to be exhibited f0< the
2009 calendar the short list of 50. II is always fun being around a bunch of kids with a lot of energy, who are
proud of their stuff and having their parents there ... how proud they were. There Is some pretty amazlng art out
there. Regarding our calendar, I have received e0<nments from different people arour.d lhe counlry about lhal
calendar. How did we get it started and what to do about II and how to get It going? And 11 has really turned Into
something thal I think, Englewood should be pietty proud of ... these students doing thelt art work fOf our Coty
calendar.
(b) Council Member$' Choice
(I) Council Member Penn
1 He sa,d speaking of kid's exetlemenl they had the Kid's Fest over at the Englewood Assembly ol God
on Halloween night It was a great. greal entertainmenl fOf our young kids There must have been wett over
100 kids taking part. It was all safe and all Yer/ fun CongraMaloons lo them for having Iha! fOf our etbzens
2. He said I had a great ride-a long today with Code Enforcement Officer Larry Medina , We rode all over
Englewood and saw lhongs I have not seen for a long time and hopefuUy t can put thal togelhel .
3 He said congratulations I know most of them have left ... lo lhe citizens of lhe Police Academy
partic,panls That 1s a great program and a super way to keep actrve.
4 He sa,d I don1 know which one said this, bul I would like lo check in on whether we have granled lhe
variances before whether P and Z has granled lhOse Is !here any way we can find thal oul as a Council
Requesl? Gary is there any ·1a1• -Ne can find that out? Coty Manager Sears said sure, we can check
Absolutely, we won iusl list ti,.,, u< a Council Request and go back through the last 10 years or so and lake a
look al whal has been granled Mr Penn said , okay, lhank you.
5. 110 said I d~ 1.1v'! tlckets for 1M Englewood Education Foundation Fall Fling if anybody ,s Interested ln
going. It ,s lhe , s" of Nov.,moer righl here, so It is not too bad
6 He said if I have to rem,ct this I will, bul I really suggesl !hat everybody go out and vole lomorrow Do I
have to retract that? City Attorney Bro!Zman said no
(11) Council Member Moore·
1 He said I have a questlOl'I, the ondMdual !hat spoke to us 1omghl aboul lhe !rash collection and no1
having the opportunity for service In her area fr0<n a couple of the vendors I do recall wrth Qwesl or
Comcast Owes! I lhink 11 was we would nol granl them a license on certain thongs unless !hey serviced the
·• Englowood City Council November 3, 2008 Page 30 entire Clly I guess I would 1usl l•ke to verify lhat II sounds hke we don '! recuire that for 1rash collect1011 and 11 that 1s the answer then the nex1 queshon IS, should we? II m,gh1 make sense that If we are g0<ng to grant a license ,n the Crty, we make rt available lo all of the c11lzens Agilln , 1 draw the parallel we already have ,n place with Qwest, ,f I remember 11 correctly, where lhey wanted to serve 1usl the high margin areas for high speed lnleinet or 1elev1s10n or whateve, So, I would bke a htlle more on that 2 He said I had planned a lengthy retort to Mr Crabtree s allegations tonight, but I am bred and rather
than continue th,s personal debate .. 11 probably won't get to any productive end I am going 10 offer an olive
branch So, I am going lo give you the last word this week I will pass on my response and I hope that next
week we can move on to other top,cs for crmosm Thank you
Mayor Woodward sa id thank you John
Council Member Jefferson said so wi ll we see that trash issue on a Studv Session topic? Council Member
Moore said this Is Just a request for Information al this point
Mayor Woodward sa id ... Jusl for your lnfonmation we do have that coming up on our c,11zen Survey for 201 O
too and I had mentioned that lo her.
Council Member Jefferson said t feel that this Is an ,ssue though that we dtdn l re atty talk about °' reaDy oetve
into
Mayor Woodward said this ts a different Issue. but part of the ,ssue here Is that they are talk,ng about side
load,ng. so that Is why rt ,s $25 00 f0< their part,cular can°' whatever because she doesn't have an alley
Hers ,s a street But I agree that there should be some things that... you know I had referred 10 my l rash hau ler,
who I mean I've really ... l've never said this before but I am really Impressed w,th this trash hauler and I have
used him for a number ol years But any bme you have a trash hauler that lakes your recycle bins Jrom the
street and brings them up to your lront door every day, that's d1fferenl That 1S unheard of wen, she called
them and they don 't go up there either end that wa s a total surprise to me
(111) Council Member Oakley
He said I would certa inly like to get some more leedback along those lines. bul I do believe Comcast
being a sole source, 1s a lollle bit dillerent than severa l trash companie~ w0<king In the City and I think we might
be stepping on free enterpnse there lf we go there But certainty we should look at It and see
2 He said the second thong, I did attend the Fire Departments' 100'" year lun cheon la st Saturday
Unfonunately , I was the only Council member who was able to attend and I was asked to say a Jew words and I
did stale that that ,s generally the Mayo,'s Job and 11 ,snot m my Job descr,ptlOf\, so I didn't say anything on
behatt or the Crty However, I worked with the f ore Oepa1ment for 43 years and I did have s0<ne personal
thong s I wanted 10 say, so I did say a rew words
Mayor Woodward said I appreciate that Wayne Generally I get more than one day nOl!Ce on coming to
something and t, again, was with kids at a soccer game at 2 o'clock
3 He said carrying our d1scuss10ns about the EURA rrom the Study Sess1011 over into this I don't know
how many or you had a Chance to read the m111utes of October 8"' or the Englewood Urban Renewal Aulhonly
It was In our pacllets but someumes you don't have a chance to go through rt If you haven't, I would loke for
you to read that and I would like to propos~ that we bring these particular min utes of the meotlnp "P 1•1 a Study
Session, because II appears that there are still many bones or contenl1011 lhal need to be d,sc,,se<! As a
matter of ract, 11 was staled ,n here as such that Council shOUld be 111l0<med about some things and there we<e
s0<ne reasons for concem So I think we ought to address those and try to get them stra,ghlened out 1f we
can In say ing that, I would lik e for staff to prepare. and ,ncluue In Thursday night's packet before that, the
necessary material so we don t have lo go looking for 11 on our own In other WO<ds . 1ndude these mmutes arid
• Engtewot>d Cit y Council November 3, 2008 Pago 31 the memo lhal Jim sent ool aciually 11 was 1n an e-ma,t fonn that wa~ pul In a packet slating what our dec,s,ons were. based on our Saturday budget meeting because some of that is brought up in here too So, we need the material 1t takes to go wdh th,s. ,f we are gomg 10 bring ,1 up so we don't have 10 go back and dig 1n old packets Mayor Woodward said can I 1us1 add to that Wayne , that I had asked Alan when t came In today that I was somewhat surprised lo see that ,n the packet ThOse minutes are exactly why I w,11 not support minutes that hijve not been approved, go,ng out first until they have had the opponuntty lo be approved. which as far as I
know. they haven't t asked Alan 1f he was aware ,f there was a telephone poll or why these minutes were here
As you can see, they are not even a monlh old So EURA Is not even scheduled~o meet unltl next week and
lhere Is some facl\Jal stuff that ,s Incorrect there Startlng on page I with the Chaor being absent. but yet the
Chaor asked for approval of minutes. Chatr Weeks And there are some things that are said In there lhal are
,ncorrect I mean lhe substance there is correc~ bul I Just want to retlerale again, I w,n not support and I want
to make lhal realfy clear . m,nutes that are not approved by a Board being published before lhey are approved
by a Board
Cooncll Member Oakley said iusl from read,ng the minutes. I thought that you were put 01. a spot a couple of
times . trying to defend what Council has decio...>d and I thought we shook! Just discuss that Mayor Woodward
sard yes
(iv) Council Member WIison
I She said last Wed nesday I was with the calendar art group w,th all the kids. And ti you look al the art
wort< 1t is amazing, because you need to look al their ages th en you can see how short they are I mean. they
have these huge pictures and they are these t,ny lrttle ktds II tS amazing. They are all phenomenal and hats off
lo kids that at least try 10 draw.
CouncO Member Mccaslin said does shortness equate 10 Ms Wilson said well they go up, we can the ir
names and they go up and they point to their p,clure and there's this huge picture with this kltle bny girl So.
anyway I thought II was rule
2 She satd I did have questions about Greg Miller's whole the impact and whal 1s happening with
Planning and Zoning so yes. I would like to hear more about that and what they decided.
3 She said thank yoo to the people who caff\8 to the PublJC Hearing and I appreciate peop le that do this
mean. It shows that you care
4 She said also I believe Eagle. the garbage disposal peopte I beheve that they pick up only at the front
of your yard they have the blue cans So anyway , they are one . you know, lhal ptcl<S up even d you don't have
an aUey, but you do have 10 buy their thing .
Cooncd Member Jefferson said ,nterest,ng that you would have to purchase the can, is that nght? Ms W~son
said I believe so You know. I use somebody else because my garbage rs out back And I don't want to haul
the huge can lo the front yard . since they won 't go down the alley
Mayor Woodward said I think ti pteks tt up by the truck, the truck picks 11 up and that's why Mr Jefferson sa,d I
think you are nghl Ms Wilson said yes
M Council Member Jefferson
1 He said I just wanted 10 congratulate the Pol,ce C1t12en s Academy tor hav,ng that second class and
congratulate the graduates I think ti ,s an excellent program keeping Police ,n touch wtlh lhe community and
partnering logelhet lo get the results we want
2 He said I hope that Mr Miller has the opportunoty to appeal , so that he can get back m front of us Arn I
correct ,n the process? City Attorney Brotzman said correct Mr Jeflersc,n satd 1f he does appea l ,hen
• Englowood City Council Novombe r 3, 2008 Page 32 ultimately It will come back to Councd Mr Brotzman said It will come back to Council, correct Mr Jefferson said okay and hopefully he Is aware of that and then we will have an oppor,unity to team more about that 3 He said I too wanted to thank all the neighbors and folks who came to speak at the Public Heanng and agam today Theu 111put Is invaluable aijhough n didn't qu,te get me over the hump 10 convince me that the 5% rule ,sn't a good polcy It did remind me that we do need to senously consider community mpul when development ,s go ,ng onto neighborhoods And, I am not sure where ,t Is going to go from here, perhaps it's
dead perhaps the poht1cal will has died to push it foiward or perhaps It will move forwar~ in a different format,
but we will certainly keep you folks informed as we do that process
4 He said to Shannon I did want to thank you for bnnglng up the issue that I was totally un;r,;rA of that
we had hmlted amount of trash haulers In District 1, so we will see .. hopefuny we can have some d1scu,~n on
that. get some facts ., find out exactly what the situation Is and come up with a solution that worlls well 'or the
c,ty, Whether that Is changing something or not, I can't say at this time, but hopefully we at l~ust lhdn~ you for
bringing It to our attention
13 City Manager'& Report
(a) City Manager Sears said I Just wanted to bnng to your anent,on, a letter I passcld ou1 ea~ier this
evening I didn't put it In the packet In part, because I wanted to note that It Is from Swedish, from Mary Wh ite I
did talk to Mary White and to Julie and they wanted 10 sincerely express their appreciation to C,ty Counal for the
passion that the Council expressed on behall or the public rights v.i1hm our C,ty They are very sincere about
that They were very sincere in thal they really apprec,ale the comments and they ha ve taken a lot or action
amongst themselves to try to work through .on therr own propeny to deal with the smolung srtuatJon So, I
just wanted to note that trey really did have a very strong leellng of support for the Council and the direction
where lhe City is going
Council Member Jefferson said that letter was really neighborly of them and hopefully that will allev,ate some of
the concerns ,n the ne1ghbomood there I thought rt was very proacbve of them
City Manager Sears said 11 was very proactive and they ,eally are looking forward to doing 1hat Plus, 1'11 lell you,
the inside of their building Is outstanding. They will be orenlng that up, t think, In the oext month The atnum Is
Incredible It Is really going 10 be a very nice asset to Englewood, so we should get ao lnvltat,on
14 City Attorney'• Report
City Altorney BrolZman did nol have any matters lo bnng before Councd
15 Adjournment
MAYOR WOODWARD MOVED TO ADJOURN The meeting ad)Ourned at 10 47 pm
·~
Deputy Cily Cieri(
PUBLIC COMMENT ROSTER AuENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT November 17, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
• ORDINANCE NO. SERIES OF 2008 BY Al 'THORITY COUNCI L BILL NO 74 INTRODUCEU BY COUNCIL MEMBER MOORE .\N ORDINANCE AMENDING TITLE 4, Cl !APTER 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WITH THE ADDmON OF A NEW SECTION 21. ENTITLED "OFFICERS OF
CORPORATIONS, MEM9ERS OF PARTNERSHIPS. AND LIMITED LIAB!Lrn'
COMPANIES".
\\1-IEREAS. the add111on of the proposed Sec1ion 21, 10 1he Englewood Municipal Code is 10
insure complillllce "'it~ the C11y of Englewood's Sales Tax Ordinance; and
\\ 1 IEREAS, this language mirrors language included in the Colorado State S1a1u1cs;
NOW . THEREFORE, BE rr ORDAINED BY THE c m· COUNC!l OF TI-IE crrv OF
ENGLEWOOD. COLORADO. AS FOLLOWS :
~-The City Council of the City of Englewood, Colomdo hereby authorius amending
Tnle 4. Chapter 4. of the Englewood Municipal Code 2000, by the addition of a new Section 21.
10 read ns follows:
• 4-4 : SALES AND US E TA.'<
~= Offisra Pf f arppofioe, Mcmbcn of r.rtucnbiPc I lmitcd J iehmo: CemetPIFf·
In adtbtioo 10 the pcnalfics RmUded in SSGJion 4-4-20 EMC an offism ofa comorntion ona oil
mcmbcu of a oartnmHnor A limited liabilitx company reauirttl 10 collect acroun1 ror ;md nax
orq aux tax odminis.lQcd bx this Articls who willful ly fail to collect nssount for or nav over
such tax or who vo,ifu11v anSIDP\ in anv manner to mds ordcfe1 anv such tax or 1hc oawmi
tJacoC ors mbi~t 10 m addition to other PCDPhiss orovided bv law a pcoaltv eoual to one
hundred fifty oerccnt c1so,a) of1hs total aDJWnt of the tax not Mllmcd accounted for noid
oxer or othswisc cvRded Officers of o somoratioo or mcmhm of a oartnrnbio or a limi~
linbilhx compnox ahall be dSSJDM 12 be rubicct to Ibis Scction if the comorntion ononsrshi12, or
Hmi1cd liab1Htv sompanx is subisst to filin g retuw or PPvinv 11xn admioistsed bx this Anick
and if1uch offisw ofcomomtiona or mqnbers ofnaunershins or limited liabilitv compnn~
YOIWll?rilx or at the direction of their suPrnors assume tbs duties or rqponsibilitiCJ of
conmb in& »,sh the nm>isioni ofanv tax admioisrsrsst bv this Anicle oo beh:Alfof thr
coroorntion oanumhio or limit@ Habilit\' comnanv-
~ Sa[ct, Clauses. The City Council hereby finds. dctmnincs, and dcclnrcs 1hn1 this
Ordinance ,s promulgntcd under th~ general police power of the City of Englewood. that it is
promuli;a1cd for the hcahh, safety. 3nd wclf•re of the public, and 1ha1 this Ordinance is ncccssnry
for the preser\'a1ion of health nnd safety and for the pro1ection of public convenience and
welfare. The City Council funhcr dctcnnincs lhal the Ordinance bears n rat ionnl rcln1ion 10 the
proper \egislntivc obj :ct sought 10 be obtained.
9bi
~ Sc, cmh1h1y. If nn) clause. sentence, paragraph. or pan of 1h1s Ordmnncc or the • apphcation thereof 10 any penon or c1rcums1anccs shall for any reason be ad Judged by a C<lun of c1>mpc1en1 JUnsd1c11on mi nhd. such 1udgmcn1 shall not affect. impair or 1m'Olid:uc the remainder of this Ordinance or us apphcauon to other persons or c,rcumstances. ~ 1nc:onmten1 Qrdmances. All other Ordin.'Uiccs oo pon1ons thereof incons1s1en1 or con01c11ng w11h this Ordinance or any ponion hereof are hereby repealed 10 the extent of such 1ncons1stency or connict. ~ Effect o(repeal or modification. The repeal or modificauoo of any pro,1s1on o f
the Code of 1he Cuy of Englewood by this Ordinance shall not release, cxungulih. alter. modify,
or change in whole or m pan an) penalty, forfeiture. or liability. either mil or criminal, which
shall have been incurred under such proVtsion, and eaeh pro,,sioo shall be treated and held as
sull rcmairung in force for the purposes of sustaining any and all proper acuons. suns,
proceeding<, and prosecutions for the enforccme111 of the penalty. forfeiture. or liability. as well
as for 1he purpose of sustaining any judgmen1, decree, or order which can or may be rendered,
entered, or made in such actions. suils, proceedings. or prosccu1ions .
~ .em& The Penalty Provision of Section 1-4-1 EMC shall apply 10 each and
every viola1ion of this Ordinance.
bllroduced, rcad in full, and passed o n first rending on the 3rd day of November, 2008 .
Published as n Bill for nn Ordinance in the Ci1y's official newspaper on the 7~ day of November,
2008.
Published as a Bill for an OrJinance on the City's o llicial website beginning on 1he 51h do)' of
November, 2008 for 1h1ny (30) days
Read by 1111c and pa.iscd on final readmg on the 17th day of November, 2008 .
Published by 1111c m the Ci1y"s official newspaper as Ordinance No._, Scnes of2008, on
the 21 SI day of November. 2008
James K. Woodward, Mayor
ATTEST:
Loucrish1a A. Ellis. C11y Clerk
I, Loucmh1B A. Eilts, City Clerk of the Cny of Englewood. Colorado, hereby cen1fy 1ha1 the
above and foregoing 1s a true copy of the Ordinance passed on final reading and published by
111le us Ordinance No._, Series of2008.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 200 8 IJY AUTHORITY COUNCIL BILL NO. 75 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE A\JTHORIZING AN INTERGOVERNMENTAL AGREEMENT F.NTfilED
"U.S. DEPARTMENT OF 1llE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING
AGREEMENT FOR WATER RESOURCES INVESTIGATIONS."
WHEREAS, the City Council of the City of Englewood approved a Joinl Funding Agreement
between the U.S. Geological Survey by lhe passage of Ordinance No. 20, Series of 1996.
Ordinance No. 87. Series of 1997, and Ordinance No. 5, Series of 1999; and
WHEREAS, the Englewood City Council approved lhe Joinl Funding Agreement for S
additional one year periods wilh lhe passage of Ordinance No. 2, Series of 200 I; and
WHF.REAS, stream now gages located at Union Avenue and the South Plaue Ri,·er. are
oretated and maintained by the U.S. Geological Survey and have been in operation since 1990; and
WHEREAS, the datn provided by the gauging station is required by the State Water
Com111is .. ontt m order ID make releases from Chatfield Reservoir during low flow situations in
wl\,,I• i~•.fticient water is available 10 meet pumping demands at Union Avenue Pump Stmion:
ancl
,, 'I FREAS, the data provided by the gauging sta1ion and monitoring station located on Lhc
",. 1th Platte River in Englewood assists in dcicrmining state wattt quality pennit requirements for
the L1nle1on/Englewood Wastewater TreaLmcnt Plant; and
WHEREAS, this Ordinance will renew the" Joint Funding Agreement For Water Resources
lnveshgations" with Lhe Englewood Utilities Department and authorizes new Joint funding for the
period of October I, 2000 through September 30, 2009; and
WIIEREAS. lh<-UnletonlEnglC\l'ood WastC\l'aterTreatment Plant contribution is S2 1 ,700; aud
WHEREAS, the comribuhon of the Englewood Utility Department is $9,620; and
WHEREAS, the U.S.G.S. contribution is 519.795 under this Agreement: and
\VHF.REAS. 1hc EnglC\lood \Voter and Sewer Board recommended appro,•al ohhis Agrccmcnt
at their October 14, 2008 meeting;
NOW, TIIEREFORE. BE IT ORDAINIID BY THE CITY COUNCIL OFTHE CITY OF
ENGLE\VOOD, COLORADO, AS FOLLOWS:
9b ii
~-The mtcrgovcmmcntal agrccmcnt "U.S. Depanmcnt Of The lntcnor U.S. Gcolog1cal • Survey Joint Funding Agreement For Water Resources Investigations", for the period of October I, 2008 to September 30, 2009. attached hereto as "Exhibit A," is hereby accepted ll!ld approved by the Englewood City Council. ~-The Mayor is authorized to execute the lntergovemmental Joim Funding Agreement For Water Sources Investigations for and on behalf of the City of Englewood, Colorado.
~-The City Manager shall be authorized to fun hcr extend the Intergovernmental Joint
Funding Agreement For Water Sources Investigations between the Littleton/Englewood
Wastewater Treatment Plant and the U.S . Geological Sur"cy United States Department Of The
Interior for five additional one (I) year periods.
Introduced, read in full, and passed on first reading on the 3rd day of November, 2008.
Published as a Bill for an Ordinance in the City's officinl newspaper on the 7" day of November,
2008.
Published as a Bill for an Ordinance on the City's official website bcgiMingoo the Sth day of
November, 2008 for thirty (30) days.
Read by title and passed on final rct. :ling on the 17th day of November, 2008.
Published by titl e in the City's official newspaper as Ordinance No._, Series of 2008, on
the 21st day of November, 2008.
James K. Wood-..ard, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
~ Loucnslua A Ellis. City Clede of the City of Englewood. Colol'lldo, hereby ccnify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2008.
loucrishia h !;lhs
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U.S. Ocpanrn&n1 ol 1ho Interior US OC"OlOgk:al Sw-vey Joln1 Funding Ag,-FOfl WATER R:SOUIICES INVESTIG•TIONS Cu110mrr Nc:CO1 06 A9m Na:OIC4Cll0ll00400000 ProjoclNo: TIN r:8450000513 """'""-GJ, .. C),, THIS.:.GR58'1SNT~ •-td..:o.,.ol lllt 1•dayo.0-,2008 IJl'lllo U.S.GEO.O~ICAI.Su;!VEY, 1.NrrED ST•TES OEPARTJ.IEHT OF r ,e IN""EIOOn, p>ny o• 11'11 fRl poll. &I'() City ol l!nglowaad, pany al.,,. .....-dpa,1.
1 The p&'btS heretcl II~ INII ~Jea I) V"C l)\•QI~ ol apprcpM ~tn, 8~ In o:co«D~ Wlltl lllOf ~i U\Oflllt.,l tht,ci lrJ iai
hll rnDlklncid ~1 O:)()pSJ'All0n tor h cparat:loft and m1'1t4nanc11 of IUNmDCM ..,d wtlet-qu.-llty •'Mlon1 In lhe South Pient
Rlvo, 11o,i,,, hetl>nlll<• ---•-Tho USOS lap ... ...,. <3 USC :iec, <S U9C !!O. and 43USC 5!».
7 n ....... ,ng .......... 1h11 .. .....-.,.,,.., ol ol h<m! of,. -1111d and ...... --'"""'"' "'•""110 lln
prr,Qtllm 2(1>~ in:tlludv.. tr•KN ~iv!:e, 111 l')C ~ounl of $0,00,
111 $19,795.00
to)) $31,320.00
Unmal:hod 511 ,&25.00
IJl'N-dllle""'Po'l~lhlpo"od
~1.2D01 .. -:I0.2COt
Ill' 110 pony ol lho •00'-"<l p•n dl«Wi 1ho ponod
OCIObtr 1,2ooe .,s.p,-30,2W9
!<,_,.,._ .,,..,-.,i,,_...,.~ h """"""'bdor~poriodl a moy bo ..,.,_by .......
1g,c~on.1tellortirilll\l~tollcMnbtli\'Nf'IN~
~'l'noC>CNIO~P0tbG~beC'4nQOd t,,J.._..~andM1'°'911'1 al\~tJ.,...,bllwNt\lhlll~
3 n.o.-<1 .. ..._ ....... , .. """""-""""".-,,_.""""'°_....,~~---·
,, 1'ht lio~ ontJ w-.a~'fi:11 woo. ooni\1-"11'9 lD lh~ CM0781T1 Ghlll be tlllC!e'I' trie ttin!cM:n " Di roobJea lO Ptflorjic ~ ~· N'I auft'!)riitri
lftPl'l!!Slt'IIIMoftt~ DfU'lellqitper'I.
~ Tht .._.. m tie roa.ded "' fm ~ a:.~ !Ill ~ bf rr..Alw -.,i'Hllloffl ~ h _... he-flQ 0t .,_ ...,.>MIG
,c;,m,ncatms The tNhocn ~ In t1'II fit!O n ........ be niwc mt.lj)lr:d by ,., plC'lf o! N fire! PM » MCtmt NI JO~
a,an:11:u'Ol or or.:cvrDCy ~ ,c n,Cld.b:410n U)• ~a.11 oi,wmen:,
L 0-.m;.., co.... al .., -II l,olj onll .a,'loo -ol-po,1)•~•0.. ..,....,, _.,. _ ""' -
dllt-«wf'll',,1i11Ct._-ort.1Jto:bllr'9~cnti•".....,.fs:ial.:tllll)•fflid'U', lldlor~nrr~lti ~'9QI\ GOcors•--.. 0.-p>IJ.
7 Th> ....;,,1 r11<0,J1 , .. uit,g trom tis_,,, .,mi-, oc:,o,bod II d>o •• ol or,>0cl -nrc~-.. \.IJ">" _._ o,plu" '"' cnoMI
11WOG-d b.~ ID tit ofb °' d'• Clhttpa"l
t n.,._,-,..,-~lrom.,.__,,...i11o,...,., .. .,,.,.,...,pi.111c.,-l\•a~ Thornrr;,,. '"'"""'
or rtpo,11 nomiany will bo l,IUblntwO by 11,, port; od IIJO li.l'Dt f'Alt Hc7M11Yoc, I IC" pont cil 1ho s1):(lnCf PM ,~ tht ~ IO PIJ;uh ,..,
.....,.olt1~""'9'1m..a.1....,~~lo<lbyc-,po11ydl>llmp&111h1~--boi.Jolllhod~;llof'Ollloll■loolpo,1.II _ .,__""_"""""'"""'llt ............. ""' ... _____ .., 11,c._-..
-r,dal■dby-pon,,ohtl_,_,,,,.~-----
9, USG$"'""'' l\lfng< UI~ Cep,,nm,,. r>' N Nido, 811 loi Col"'1rnn (F .... Ol·1CMO}. amkl9 c1oc,,,,..,.. ....... ,......., lllllll2J!Y.
P•VfM!Uul bll1 are mJI "?lhin60 di),.,,., tho~-. n rot Dllidby ... duedlllC,lrurn:1 wl bu dllll'gOd G1 llDNNn f ,vouy,at.a 1., .. ,..30.,.,pcrioo,,xpotl<"la)M(j,""'"'..,.-•-,wbe)<l">..,M-ll1USC)717,C.,,.-Gft!ql"'-8·. ~,=..._n. ,9!3(
~Pon1.cr1consea
-"(~-' . ~ ~ ..;:---------Do -----______ Dfllfl
.,,, ----------
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Attachment 1
City of EnPIOWOOCW·S· GfokK]lt1I 511..vey Cgoptr,fly• Prpgmm fY2009
St11,0n St,tJe>n Nilrn. 06.M or Four J>.~m,w, St,ctmOow 9tallon
Hu11\bor W1tar.ou.,Jity Monitor
n~ldtlO UIG!i £n,gJtwooa u,oo ·-
ou102•1 Soufl'IPlallCIRIYOf u 15,430 $U20
Dlw IJruOtl """°
06711,0; South P•11t IW1lf ~ 110,ilO si: ,.eo 13336 s,;,o
,, En;f,twood
To11l1 110,U0 '17,<IO sues Sil.NO
COMBIN£0 ENOLl!WOOO ANO USO$ COST$ U ,111
EMOLl!WOOO SHARE o, l!XJSTING PROUUM COSTS w.u2
USGS FEOERAl MATCHING FUNDS $11 ,1515
Ooe half r:J, ,1r1&1n/Jow i!ollan ccsl Tho olnor half Is Ion-l!Yougb fh• Urbon
Ota~ & FlooO Conlrol llmnci,\J s Geol,oioal SUMy cooperot ... '8""'"""11
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I)\' AlmloRll y ORDINANCE NO. SERIES 01' 2008 COUNCIL BILL NO. 76 INTRODUCED BY COL'NCIL MEMl3ER MOORE AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECnON I 6, OF TIIF ENGLE\\'OOD MUNICIPAL CODE 2000, ENTITLED ''NOTICES SEJ\'T BY MAI L".
WHEREAS, lhc passage of this proposed Ordinanct' will reduce staff umc and out-of-pocket
com incurred by sending nolic~s by cenificd or registered moil :
KOV 1HEREFORE, BE IT ORDAINED BY THE CITY COUKCIL OF TIIE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-Th• f' •, c·,,uncil of the City of Englewood, Colorado hereby authorizes amending
Title 4, Chapter 4, S:ctiou 16, of the Englewrod Munidpal Code 2000, 10 read as follows:
4-4: SALES AND USE TAX
44-16: Nolim Scot by Mail.
,',II 11etiees 119E1ui1eil le he 11i.,eo 10 t>,e 1e1llil11· er eoder ueder the pre ~eiees efihi1 Gheplef
shall he in ·,,itiftll l!ftd, if11111ileil, pe51paid hy .enilled er ••(li&1ered eiail, -reeeip•
request ed , te hie,•• 1,is lost la,o 'II edd,ess. sltatl he sufHeie,n HJF the pufflese of this Chepter.
Anv notice rgruircd to be Rben to anv tunavs or the 1sen1 or Pm9DAI rcnrnen11uivc or tbs
estate of@nv 1axq1vcr shall be suffisiem if moiled oo3tnaid bv first-clau mail to the last·lmowo
addrcu of the tAiS®Yer or the 02cn1 or PSlQMI rmrMcntativc of lhc esase of 1he 1axpam The
fim-slou mni1ias Pf Pnx notice unds tbs Provisions of Title 4 Muoicmal Fioancs, and Iaxl\l.llm.
Chaater 4 Soles ood lJse TH trentcs o Prcsumotion Jbat such notice wos received bx the
lMPQYCC or @RCPI PC PCT§90PI rrnrcsCPtaliYS of the S:i\Ate ofths IPXPiYS if the Citv UJliOJ@ins a
r;scord or tbs ooucc and maintain$ a croificption thPt the notice was deoosi1ed in the Unum
Stales mail bx an cIDPlovcs of the Citv Evidence ofths record oftbc 001ics mailed to tbs IPst·
known addcrn of the tnnaxer or a@cnt or PSJl9Pil reorcsmt1tive of the mats of tbs taxRlm PJ
shovmbv the records ofths Citx and a emification ofrn,ilin@ bv first:SIDss rooU hv a Ci1v
emolavec is orimn focic nroofthat the notice was received bx the taxP@Y£C or assnt or Personal
ttOrCScnta1iw of 1hc estate of the taanaxcr
Section 2. Safely Clauses. The Ci ty Council hereby finds . detennincs. and declares that this
OrdiMncc is promulgated under the general police power of the City of Englewood, that II ts
promulgated for the health, safety. and welfare of the public, and that this Ord.nnnce is necessary
for the preservation of health and safety and for lhc protection of public convenience and
"el fare The City Council fun her determines that the Ordin:incc bears a ratioll31 relation to lhc
proper legislative object sought to be obtained .
9 b Iii
~ Sc,ernh1h1y. If any clause. sentence. paragrnph. or part of this Ordinance or the • apphcauon thereof 10 any person or cm:umstances shall for MY reason be adjudged by a coun of competent Jurischcuon m,11lid. such Judgment shall not affCCl. impair or invalidate the rcnwnder c,f tlus Onhnance or ns apphcauon 10 01her persons or circumstances. ~ lncons1S1enl Ordinances AU other Ordmanccs or ponions lhcrcof ine<>ns1sten1 or conniclmg "11h llus Ordinance or :iny pon1on hereof arc hereby repealed 10 the extent of such mconsistcncy or con01c1.
~ F.[ca or reoe;,1 or mochficauon. The repeal or modifica1ion ofany pro,ision of
the Code of 1hc City of Englewood by 1h1s Ordinance shall not release. extinguish, aher. modify,
or change ,n whole or in pan any penally, forfeiture, or liability, either ci\11 or crinunal, wluch
shall have been ircurred under such pro,ision, and each provision shall be treated and held as
still rem11ining in force for the purposes of sustai ning any and all proper actions, suits,
proceedings, and prosecutions for lhe enforcement of the penally, forfeiture, or liability, as well
as for the purpose of sustaining nny judgmen~ decree, or order which can or may be rendered,
entered, or made in such actions, suns, proceedings, or prosecutions.
~ ~ The Penally Provision ofSectic>~ 1-4•1 EMC shall apply 10 each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 3rd day of Noven1bcr, 2008.
Published as a Bill for an Ordinance in the City's official newspaper on the 1• day of November,
2008.
Published as a Boll for an Ordinance on the City's official website beginning on the 5th day of
November. 2008 for thiny (30) days.
Read by !Ille and passed on final reading on the 171h day of November, 2008.
Published by title in the City's official newsp:,pcr as Ordinance No._, Series or 2008, on
1he 21s1 day or No,crnbcr, 2008.
James K. Woodward. Mayor
AlTEST·
L oucnslt1 a A. EIits, City Clerk
I. Loucnsh11 A. Elhs, Cny Clerk of the City of Englewood, Colorado, hereby ccnify thal the
above and foregoing is a true copy of the Ordinance passed on final reading and published hy
title as Ordin11ncc No._, Series of 2008.
Loucrishia A. Ellis
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13Y AUTHORITY ORDINANCE NO. SERIES OF 2008 COUNC IL BILL NO, 77 INTRODUCED nv COUNC!l. MEMBER MOORE AN ORDINANCE AMENDING TITLE 4, CI-IAPTER4, SECTION 4, SUBSECTION 4, A.'<D ADDING A NEW SUBSECTION 8, "LOCATION GUIDE" TO THE ENGLEWOOD
MUNICIPAL CODE 2000.
WHEREAS, the S• , .~ of Colorado created rClailer databases for retailer. to rely on when
rcmiumg taxe~. a.."1
WHEREA~. l n• S1a1t ,,fColorudo holds retailers harmless when they rely on ccmfied databases
to remit sales 1axe,, 1f tl>c iuies are paid 10 the wrong entity; and
WHEREAS, the c ... ti -<!., Municipal League hat encouraged the City 10 adopl 1his Ordinance
h0Id111g rclailers hannle,• . they rely on ccnified databases when remitting taxes; and
WHEREAS , llu. \311gu••1c mirrors 39-26-104.3 C.R.S .. regarding elcc1ronic da1abasc ccnilied
by the S1a1e anJ relied on~., a retailer;
NO\\', TilEREFnRF BE rr ORDAlNED BY THE CITY COUNCil.. OF THE CITY OF
ENGLEWOOD, COLOkADO, AS FOLLOWS:
~-Tho City Couucil of the Ci 1y of Englewood Colorddo hereby authorizes amending
Title 4, Chapter 4, Sce1ion 4, Subsection 4 Paragraph D, of 1hc Englewood Municipal Code 2000,
10 read as follows:
4-4: SALESANDUSETAX
4-4-4-4: Lice nse for Reull,r Required.
A. II shall be unlawful for 311y person 10 engage in 1he business of making retail i,alcs, as the
same is defined bcrcin, without first having ob1amed a license therefor, which license
shall be granted and issued by the City License Officer, and shall be m force and cfTcc1
until suspended or revoked. A separate license i5 required for each physical location
wuhin the city limns of the City of Englewood .
B No li cense shall be required for :ll1y person engaged exclusl\ cly m the business of selhng
eommod111es which nrc exemp t from 1a,xa1ion under this Chapter
C. The license «quired b} subsccuon A above shall be gmntcd upon applicn1io11 as set fonh
in Title S, Chapter I of1his Code.
+he Ci11 shall 111111!0 a '8ilable to ony Fe~•esting ondoF A looo1io11 g•id• olw11ing 1he
hoYfldoriM of lhe City, Fe, IF&Asaetioll5 001151111'.flll!ted PA Of after JanUBFj' I. 198~. 1ho
Fel!•esting ender may .. 1y 011 e••h loootion g•ide end any wpdote 1heF<!of, a11ailahle 10
s•eh "ettder, 111 de1emiining l1e1her 10 eotleot o soles or 1158 11111 or holh, ~lo poH6hj
9b Iv
shall he tft1!!05oll er oeuen !er llolie1 on e1 "'8mleieoll against suoh a· oaller • ·he•• gee II lliill1 ee1¥1~1i•s "'ilh Ike ine,1 reee,11 laea1ian f!llille a· ailel,le ..i. 6 jl. No sales tax license shall be rcciuired for any person holding• gan,gc sale. as defined herein, so long as they ore not ,n , io lnti nn of 15-I 6-2 EMC. ~-The City Council of the C,ty of Englewood. Colorado hereby authorizes amending Title 4, Chapter 4, Section 4, of the Englewood Municipal Code 2000, by the addition of a new Subsection 8, to read as follows:
~ Losarien Gulde
a. $icees Qujd•.
The Citv shall wkc anilablc to PJIY g;gumtinrc xc:o4Pr a stwa RU1dc showins the
hQundnriss of th; Citx For tmnsa,tions consummated on or after January I 1986 the
wmcstio& vmdor max o:lv gp sh strttt guide and any undats thseof ovailohle 19 wch
vendor in dSJswinias whether to oo·ll ect a sales or use tM or both No RGDilhY shall be
iQJP9¥d or PPP Cor dcficiency;gajnJ11np;I asaio:u such n xeodor who in gopd faith
somoHcs with the most r;sceot streetguidc axailablc l'O it
a Electronic Database .. Addres J .gc;ator .
l · Any ccsails 1h11 G9llesn and rsmitl als Jal to lbs Citv of f.DRISWPP4 u rmYided
io this Section roov use 10 etectrooic da tabase of state addrsses cCISifis< ~
SMUc:PePNlJDePt ofRSYmus PYOYADI to 39 .. 2§:IOS 3 C,R S to dctsrn, i,i;,,lh;
iurisdictions to which tllX is owed,
2. Anv retai ler rbat uses the data ;gpraiocsl in oo slSSJIPnis database ccrtifiM bx tbs
Slm.Pmonmem ofRsYmus oursuant to 39 .. 26:JOS 3 CR S, to dcteanioe the
iurisdiSIIOP$ IP which tax is owed shall be held bPaulSH for IPV 1M PCPDI\Y or
intAAI owed the Citv of EnRlewood that would otherwise be due wlelv PS a rssuU
of an msr in the clectmoic databWa nrnxidcst tha1 1hs miler demomtmtes th:n
il used the most current iRfoPPAston @YAilabls in 3ucb electmois dotahass on the
date tbe elSOO esswmt frtcb emails $hall km and nIDc such rcoords os
orescribed bx the Citv MaooRsr or bis or her desiRPss to demonsto1c thft it usest
YlS omt surmu information ,wiJabls in 1hc eJecVPnic database on the data the
salehl occurred If an mvr in s2I ISSJioa and TSPittins i1 a mwh ofa dcccocixc
CCPtaGDl@don a £als mzmentatioo fraud or oevJigcoce the omxisioos of this
Section $bAtl not @2nlv
~-Safqy Claum. The Cny Council hereby finds. de1ennines. and declares thot this
Ordinance is promulgated under th e gencrol po lice power of the City of Englewood. tru11 it is
promulgated for the health, safc,y, and welfare of the public, and that this Ordinance is necessary
fo r the prcservolion of health and safety and fo r the protection of public convenience and
welfare. The City Council further determines that the Ordmance bears a rational rel ation to the
proper legislative object sought to be obtained .
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• Sccuon 4. Sc, crahi!.m. II nny clause. ,cmcncc. pamgrnph. or pan of 1lus Ordinance or 1hc
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applica1ion thereof to any person or circumstances shall for any reason be adJuJgcJ hy a coun of compctcm junsd1c11on m,·ahd. such Judgment shall not offoct, impnir or nwohdotc 1he remoindcr of this Ordinance or ilS appli.:nuon to other pen,'1lS or cin:umstances. ~ lncon,istcnt OrJmanccs All other Ordinances or portions thcttof 1ncons1s1en1 or conOicuns "ith 1h1s Ordinance or nny ponion hereof ore hereby repealed 10 the extent of such anconsistcncy or conflic.1
Scctjon 6 Effcc1 of repeal or modificaJIQ!h The repeal or mod11icat1on of any provts,on of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in pan any penalty. furfciture, or liability. either civtl or cnmmal, which
shall have been incurred under such provision. and each provision shall be l!Clltcd and held as
shll remaining in fon:e for the pwposcs of sustaining any and all proper actions, suits,
proceedings, and prosccu1ions for 1hc enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any jud!llllCfll, decree. or order which can or may be rendered.
en tered, or mode in such ac1ions. suits, proceedings. or prosecutions.
Sec1ion 7. P~ The Penalty Pro,1sion of Section 1.4-1 EMC shall apply 1ocach and
every ,·,olation of this Ordinance.
Introduced, read in full. and passed on lirst reading o n the 3rd day of November, 2008.
Published os a Btll for an Ordinance ,n the Cny's official newspaper o:i lltr 7~ day of November,
2008
Published as a Bill for on Ordinllnce on the, City's offie,al wcbsne beginmng on the 5th da)' of
November, 2008 for thiny (30) ~ays.
Read by title and passed on final reading on the 17th day of November, 2008.
Published by title in the Cny's official newspaper ns Ordinance No ,_. Series of 2008, on
the 21st day of November, 200S .
ATTEST: James K. Woodwar1... ~fayor
Loucn~lua A. Ellis, City Clerk
l. I oucnsltia A. Ell is, City Clerk of the City ofEni;lewood, Colorado, hereby ecnify that the
oho,e and foregoing is n true copy llf the Ordinance passod on li tml rending nnd published by
1111c ~s Ordi nnncc No ._, Series of 2008 .
I oucrislua A. Elhs
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COUNCIL COMM UN ICATION Date: Agenda Item: I Subject: No, ember 17, 2008 9cl Englewood Public Library's "Winter Food for Fines· Initiated By: I Slaff Source: Library Department Hank Lo ng. Direc tor of library Services
COUNCIL GOAL AND PREVIOUS <:OUNCIL ACTlON
The Library has sponsored this popular program since 1990, and each year the City Council has
voiced its suppon. In 2003, the annual Food for fines program was expanded to twice a ypar at
the req uest of the Libra ry Board. This was subsequently approved by City Council for two weeks
during the summer as well as 1\1 o weeks bel\veen Thanksgiving and Christmas as a way to mitigate
the Increase in overdu~ library Fines and as a way to encourage the timely return of EPL materials
so that they can be used by more people. The l\vo weeks o( the Summer Food for Fines program
covers the last week of the public school year and the first week of vacations, a time during which
students and teachers are deaning out their desks and lockers in preparation for the summer break
and numerous overdue Library materials are located, whereas the two weeks of the Winter Food
for Fines program traditionally covers the period in between the Thanksgiving and Christmas
hollda1-s. Historlca:!y, each of these I\VO biannual ""ents average!, S 1,000 10 $1,500 ln donated
fooc! Items for the In ter fait h Community Services food bank.
RECOMM ENDED ACTlON
The Library Department recommends City Council approve a resolution authorizing the library
IJepartment to Implement its 2008 Winter Food for fines program from Monday, December 1
through Su nday, December 14.
BACKGROUND, AN.4LYSIS, AND ALTERNATl\'ES IDENTI FI ED
For the past 18 yea rs, the fllglewood Public Library has provided Its "Food for Anes• program as a
way for those patrons \\ilh fines on their overdue EPL materials to "pay• them off through the
donation of non-perishable food items that are, in turn, forwarded to ln1erF.1ith C.ommunity Services
for their •food bank" d11tribution to financially disadvantaged families in the Englewood area.
Fol io" ing 2003's increase in maximum Overdue Fines from $2 10 $5, the Library Board requested
that lhP number of food lt~ms required to pay off a single Overdue charge also be increased
beglnnrng with the 2004 Winter Food fo r Fines program, e.g. it now takes two food !tems to cancel
out the late charges {not lost or damaged charges) on one overdue item. These food hems must be
presented to the library Staff at the Circula tion Desk In order for the fines h> be cleared from the
patron's computer record. TI1ls program has been warmly received and supported by the public
since its inception, and Library patrons now look forward to it as a way of helping others while
relieving their own financial obligations. TI1us, th e program presents a positive Image of the Library
and the City and Is a "win-win" situation for everyone involved.
Fl A CIAL IMPACT • Slncf: Its inception . 1h1s program has ra seo .lmos1 $35,000 in dona1ed non-perishable food uems to assls1 needv families in lhe Er>gle\\ ood area. • The mone> 1ha1 the library collects each monlh in ·ra re charges• {i.e. charges on books and 01her EPt Items returned pas1 !heir original "due date· and pas1 lhe 3 day •grace period•) goes to the Cicy's General Fund. These revenues traditionally drop about 50% during each
of the Library's l\\<Hveek Food for Fines programs, but lhe loss ,s mort? lhan offse1 by die
"good will" this progr•m generales among library palrons and by getting lhe Ubrary
ma1erials back on the shelves so 1ha1 others can use them .
LIST OF ATTACHMENTS
Resolulion
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• RESOLUTION NO.
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SERIES OF 2008 A RESOLLTION AUTHORIZING THE ENGLEWOOD PUBLIC LLBR,\RY TO IMPLEMENT THE ANNUAL '"WTNTER FOOD FOR FINES" PROGRAM FROM MONDAY, DECEMBER I. ~008 THROUGH SUNDAY. DECEMBER 14. 2008. WHEREA <;. the EnglewO<x' Public Libtll)' has sponsored a "Food for Fines• progrnm since 1990; and
WHEREAS, the "Fpod for Fines" program allows patrons \\ith o, erduc fines to "pay" them
off through the donation of non-perishable food items: and
\VHF.REAS. the food items arc then for-.•ardcd to the Interfaith Communuy Services tor their
.. food bank" distribution 10 fina11Cially diswh'antagcd fanulies in the EnglC\\ood area; and
WHEREAS, the program is a benefit to the communlly in that the disadvantaged are assisted:
the air cleared with respect to lines: and the City receives ,ts library materials back and the
program presents a positive image of the Library and the City.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CTTV Of
ENGLEWOOD. COLORADO, THAT:
Section I, The Englewood City Council hereby authorizes the Englewood Public Library's
1mplcmentation of the annual "Winter l'ood For Fines" program from Dccctnbcr I, 2008 through
December 14, 2008. The collcc1ed food will then be forwarded 10 lhc Interfaith Community
Seniccs for distribution 10 finllllCially disadvantaged fan11lies m the Englewood area .
ADOPTED AND APPROVED tlus 17th day of November, 2008.
ATI'EST:
James K. Woodward. Mayor
l ouc.rishia A. Ellis, City Clerk
I, loucnshia A Ellis, City Clerk for the City or Englewood, Colorado, hmby ccn,fy the
nb<.1, c ,s a true copy of Resolut,on No. __ • Series of 2008.
Loucrishia A. Ellis, City Clerk
l"or vour consider,llion Cou nci l Bill 79 I '' w,1ding of 2 sets of proposed amendments Amendme nt s regarding ha rd su rf.ice ~tanclJrcls ior p.uking are,1 to:
AND
Title 11 : Public Ways and Property
Title 15: Hea lth Sani tation and Environmental Pro tec tion
Title 16: Unified Developmen t Code
Ame ndment regarding maximu m comme rcia l vehicle weig ht in
residen tia l zones to:
Title 16: UDC
P & Z considered UDC amendmen ts at public hearing on ()ct 21 , 2008 &
recommended approval
Purpose:
cons istency throughou t all Ti tl es of EM C
Hard Surfa ce re lated to dri ve way and tJ.:rking pad s
similar bu t inconsis tent definitior•
Max Comm Ve hicl e Weight in Res. Di st ric ts
UDC allows 6,000 #
All other titles ,ind City traffic sigris us e 7,000 #
Ame ndme nt s reques ted for co nsistency ,111d to reduce mi sun ders tanding
among Ti tles
REQUEST:
Approve proposed ,lmendments on 1 '' Re;iding
Se t PH for Dec I, 2008
Ques tions/
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COUNC IL COM MUNICATION Date: Agenda Item: Subject: November 1 7, 1008 11 a I Amendments to Titles 11 , 15 and 16 Regarding Hard Surface Standards, and Title 16 Rega,ding Commercial Vehicle Weight Initiated By: I Staff Source:
Com munity Development Department Tricia Langon, Senior Planner
COUNCIL GOAL ANO PREVIOUS COUNCI L .~CTION
Th ere has been no previous Council action concerning this matter.
PR EVIOUS PLANN ING COMMISSION ACTION
·,e Planning and Zoning Commission opened a Public Hearing on September 16, 2008, to
consider the proposed amendments to lltle 16: Unified Development Code (UDC). The
Commissior, c<.>n~luded the Public Heari11g on Octob~r 21, 2008. By a vote o( 9 -0, the
Commis•a.;r re~ommended forwarding the propo$ed Title 16 amendments to City Council.
RECOMMENDED ACTION
This Is a recommendation from the Community De,elopment Department to adopt a blD for
ordinance autliorizmg amendments to Title 11 tpubhc Ways and Property), Title 15: Hea lth
(Sanita tion and Environmenta l Protection), and Title 16 (Unified Development Code) regarding hard
surface st.lndards, and an amendment to Title 16 regarding max,mum commercial\ ehicle weight in
resldential zones.
Staff further requests that Council set a public hearing for December 1, 2008 to gather public lnpul
on these amendments.
BACKGROUND
The proposed amendments are intended to coordina te terms and definrtion~ used rn various Titles
of the Englewood Municipal Code.
Hard Surface
Four amendments are proposed 1n three Titles dealrng "rrh 1 u• race dm e--, ay and parking pad
st,rndarcls Cu rr ently each Title uses similar but Inconsistent l,111guage to discuss parking surfaces,
Including allowed materials. ThlS inconsistency creates interpretation and enforcement conflicts
among die three Codes. l11e propos ed amendments coo rdina te the deunrrlon of l1ard surface and
Its usage In the (MC. With thP am~ndments, the term \\ill mean ·a durable surface of concrete,
asphalt bric k pa, ers, or similar alterna1e malerials appro, ed bv 1he CII\ •. TI1e proposed amendments support the objech,e 1hat drr.e\\a\ and parking pad surfaces be cons1ruc1ed oi materials lhal do not •'asily erode or de1erlora1e, or spread debris Into the public way as vehicles enler the street. Commercial Veh1de We1gh1 The EMC conlalns severa l refe rences 10 the maximum weight of commerc ial vehicles re lative 10 where 1hey may be parked, All references except 16-5-4.Olc( 1) of 1he UOC use a maximum we1gh1 limit of i,000 pounds. In addition, the Gty util,zes lhe 7,000 pound weight lim11 on posted traffic
signs" hen restricting truck trafric In certa in areas. The amendment to Title 16 is proposed in the
ln1erest of consis1ency, ease of enforcement and conserva1:on of resources since the lraffic signs
already use the 7,000 pound limit
FINANCIAL IMPACT
No financial impacts are anticipated from the adoplion of the proposed amendments.
LIST OF ATTA CHMENTS
Staff Report -September 16, 2008
Planning and Zoning Commission Mir:utes -September 16, 2008
Staff Report -October 21, 2008
Planning and Zoning Commission Minutes -Oc1ober 21, 2006
Planning and Zoning Commission Findings of Facl -October 21 , 2006
8111 for Ordinance
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'' T y 0 F E NGLEWOOD C O M i\l U i's I T ) DE\ELOPMENT TO :
THR U:
FR OM:
DATE
SUBJECT
Pl.1, 11n,1 an , Zon111g Commission }j
Alan \\'hue Dorector, Comrm111rt1· De1 elopment ,g'JJ
Tl! a LJng· Senoor Plann,•r AL
Sep:cmber 1 o, 2008 · I '
Case 2008-1 I· Tit le 16: unrt,ed De1elop111el'' Code Amendments
Related to Hard Surface an,1 Commerci.1I \ ehicl,• \\'e,ght
RECOMMENDATION :
Stair request~ that the Plannmg and Zoning Comm1ss,011 re\le-1,. 1.1ke public
1es11mom and 10",ard 10 C11, Counc1 1 a recommendation 1or adori11011 oi 1he
auached proposed amendmen1s 10 Title 16: Un ified Development Code (uOC) 01
the Engle.,·oocl ,\ 'u111c1pal Code related to hard sunace and commerciJI vehicle
:.eight
BACK GROUND:
Pursuant 10 1 &-c-1 6-1 01 1he Engle"ooJ Mulllctp.11 Coch• the C omm,s<ron 1s
au1ho11zed 10 re1iew and make recommendalmns to Col\ Council reg,11chng u1idates
10 Til le 1 ti: UDC. Please no te tha t recent "housekeeping" .,mrndnm111 revie,ved b\'
Planning and Zoning Commiss,on are nol 111c'uded 111 1hc 1e,1 01 lhc proposed
amendments as adopuon 01 proposed "housekeeping· Orchn.111ce ,s 1101 comple1e at
this 1,me
"'",·.~ 1oi: ,cs are addressed 111 this UDC amendment pooposal: 111 maximum \,e1gh1 01
a commerc1,1I vehicle allowed to h~ parked on rcsid~nual 1m1lert1· Jnd 121 h,ml
;Jrt.,o• ciro1e,1ar and parking IJ.ld s1and,1rds. 1he amendmer.1s ar,, ,ntendecl 10
oor.hn.,:e liDC terms and dt>fu1i11ons 11 th 01her T11l"s oi 1, "' [113le1, ood t-lunicop.,I
Code .
.,_N.\LYSIS:
\ eh1dP \ \ e1gh1
-,,c pooposecl ;,menJrn,,,. to 16-5--1D2c111 m,.cl111c1 11,e lll,1'1111rnn 1,eighl of ,1
,1111nerc,al 1rh1c,e 1101cd on proper1, 111 am r,:,s1den11.1I lone distro<t irom 6 000
pJunds to ,,000 pounds. Cha pier 6. \ ducl,•s 01 l11le i 1 PubhL W.11 sand Pro 1>~"
11,,,~t's se1er,1l references to vehicle weight 110111 of 7,000 pounds (-0 c.,1 t.).
a..id111c·'l. tht! Cll~ utrlrzes a -.ooo pound \\e1gh1 hm11 when re,1nc1111,: 1ruck 1r.11t1 ..
cert,1111 areas. TI,e amendmenl 10111le 161111roposed 1111he 111teres1 of consist('11<1,
eJse ol en torcement of regulations, and co11ser1 a tion of resowces smce thr lr,,ffil
,·gns alreJd1· use 1'1e i,000 pound limit
IOOJ fnsl•"ood P.uk\\a, [ngle-,ood, Colorado 80110 PHONE JOl 'bl ~J-•? FAX JOJ-78J.l,ll95
....... ~Ii:.."' ..,Oao-.v•
For m1orma110,1 .1I i:urpcses c ., .l ,s 1he abbre\tat,on 1or hu!ldred,,e1:;h1 :.I ere 1·.11> ,,e,:;ht anJ t SlJncis 1c,r one hundred, as in 1.1e Rom.111 numeral C lll'W,I equJI to 100 "n~ndred,,e1gi 1,s e.;uJI lo 100 pountls. H.ird S11r1.l(t:' The Com,mssion r.:centl,, c ,cussed dme,,a)s and parl-tng pJ(I mJtenals ,·.:t ,,n the UDC "House~~ep1•1g ,1n•e .. dments. The Comm1ss1on recomn•e11ded th,11 d11t. grJ,d and ~, •~s.r, t<' surfaces be proh1b1•ed k· drl\, .. ,,a·,s and par~t03 pads The
ml~nt "as lhat dm e,,a, and park111g pad sunaces should be 0 1 a h.ird mJterial so
not to eas,11 erode Tile malertal ,hould also be durable so nol t o readily delPnorate
or spread material 11110 the pubhc way as a , eJ,,cle enters the street
Thre~ propos'!d amenclme 111s rela1ing 10 hard sur1ace dm e,-,,y ancl parking pad
standards are pa rt of a set of ame ndmerts to T,1l es 11 , 15 and 16 designed to use
the same 1e r1m throughou t the Englewood Municipal Code Previously eac h Til le
u,cd sun ilar bu t 1101 the same language to discuss parking surfaces. This crea1etl
issues wi th int erp re ta 1io 11 as \\ell as enforcemen t of 1he ,·ario us Codes As pLtrposed,
each Tit le would LISl' 1hc same language for hard surface, a1 related to drive"a\S and
p.irking pads . The term "ill mean "a durab le surface of concrete, asphalt, brick
pave rs, or si rn ilJr al1e ma te materials approved by th e City". This language modili es
the re commended "housekeep111g" ame ndment lang uage wi th the mclus,o n oi brick
p.11 t:r). hu l rt•i.i111, the b~<ic 1111cm oi 1hat recent!\ recom1111mcled ,1111emlme111
PR OPOSED AMENDMENT~:
16-5-4: ACCCSS O') Uses.
2 Prohibited 111 Re denlial Zomng Districts. The iollo" 1113 actMties shall nol be
reg.irdcd a; acce, , to .1 res1dent1.1I prmopal use .,nd .Jre prolubited in all
r.:11dcn11•1 !RI c! sm-t
,1 A.utomOll\e Repa·r -\uto111ol1H• r._.p.111 1nclud111-; e11gu1•• l>uJ-,, ur olher
rt>pJir or repa,nllllg ol more th.111 one ( I . ~>h,cle at any one lime O\\ ne I b1
a 1wrson not rt!;1d,n~ .ll tlc1t .ddre1~. "'~.11dl"" 01 ,•.he1iwr co111pens.1t1on
\\J~ p.,,d 1,,r ti ,.. St'f'\ll.~
I, Outd,,or 51or.1;w ,1 l11oper.llt\(• \ d1 icles. The outdoor stor,1ge 01 111opcr.1hl~
, •h1cl~s 1•1,111 0111;,/1 "uh TIiie 1 5 [MC
I I) In no c,·C'nt ,h.1 11 morC' 1h,1n o ne ( 11 co mm ercia l vehicle be s1ored on
prop,•rt; i11 ,111y r,•sidrntiJI zon~ di strict, \\he the r in ,1 pm,1te gJrJgl) nr
, ,1rpcr t. 111 ,111 01 1-,tr•'C'l park111g sp,,cc. or 111 .111 opc11-sp.1ce ar~.1 Tlw
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3 1, of s-,ch comrnl'rci,11 \e!11cll!s sh.ill n~r e,ce .. d , 11cl,; \\1?1gh1 o.-,, ~l'to~-.,nd _ !Z.Q1K. pou, .:l; , 0 :._ ~ q . ~ J For r~e prpose o · this Secuvn. a road 1r.1c1or or truck trJctor sh.111 nor be dt:en·ed a commercial \ ehicle. and no road lfdctor or truck trJctor s'i,111 be J Jrked or stored in am res,denlial zone disrncr. 3 o comn,ercbl \ Dfi,de sfiall be stored on publi: pr open or ,n 111 µubhc ng.1t -ot-.\a1•
16·6•4: Ofi-Str ee t Park ing and l oadin g Requirerr ents .
0 Surfor:e Co1e, Oil •st reer pJrking and loading spaces shall be ol a ~flilEC:
ell~ ,1n!-i ast,halt, EeAe,e te er b,iel, 13 a1•e1s, e·ieet,t tlli¼t-l~l',-ffiay
a~',-(!-(he-us~1emate eh;st iree surhldBg ma terials fe.g., ·11113 seal Sllfhlattg¾
hard rjurr1b!e Mfase 0! c2arn1e. asphalt brick gmrs g, simjlar il~™
ma1grj,1ls aqru oyed by the Cjry to Strve a principal per mit ted res ide nt ia l use .
16-6-10: De ig11 tandards an d Guide lines.
B R1mdenli.1/ Desi~n SrJndJrds.
5. From Lot Co\C ra g /Res1d en 11al Dri\e"a\ a 1d Parking Pad Srandards.
d. SwndJrd tor R~sidenr,al Ome».1 ►-S and Par~,ng Pads wllhin rhe From 1;1rd 01 S1>tb.id Ar,,
( 1) Relati onship to and Co nflic t \1 ith Similar Prolisi om The general
res,denual drM!way SCJndJrds in Section 16-6-3 EMC, abo, e shall appl ·
to rcs 1den11JI developme11L except that if th is subsection's resid nual
dri C\ld} stJndards conrlic t 1\ith the st.mdards in Sec uon 16-6-3 [.\~C,
rh,s subs,,,:uon's stJ ndards shall con trol and ap pl)'.
(:? Zonmg Sue Pla11 Rf>\1,.\1 Reqwred All new construc11011, sur1,1c111~ or
resur fa cing altera11011, expansion, or re-i11 s1Jlla11on ot ,, resid1•n11al
dri1111ay or parking pad shall require Zoning S11e PIJn re\,e\\ (see
ec 1i o11 16,2-9 E,\.IC) prior to the start oi \\ o rk.
(J1 rhe Use 01 Parkrng P,,ds in Conjunction '"1th Drive"a,·s Th e us e ol
parki11g pa ds ill conjunc tion "i th dri1 ewa11s is discouraged bu t n ... t
p1ohib1ted. However, In no case sha ll the total wid th of an y
combi11~t1011 of pa1k111g pad and drivewa, e~ceed twenty feet 120') .
4 14 Perm1tt1:d Drue\\av and Park:i,g PaJ Pa,•11g ,\\,1tena 11. Res1de11t1JI dm e,, ays Jnd park111g pad s'1all be impro, ed '"th a ba!.P--~~ surface of concrete. asobah brick Pil' ers or shrnlar ahem~mi-ill} ~pproygd _b, lhe C!I) Elt1,abl: Rafa St1riace aµf)FOHa 13, [Re Cipt. St1,iaci1~g ffial erials ll.at-t\ia~~-lut~t'le:--.l<f.lrilll;-{',~ ~k.~rssc-retc. Prohibited materials 1nclt1d•~ dirt and ~ri-el, ™"~ "iner, norou:; rnslte(bll. Zo·1mg Sile Plan re e,•, bee Secuon 16-2-9) 1s requ ir ed prior to the StJrt or ,11\\ 1~,ide11tial dri,;:wa} or parking pad surfacmg.
/,\'Off· The remainder ci lo-6-10 contains no changes and is
cherefore noc indu,Jed here]
16-11-2: Definition of Words, Terms, and Phrases.
Hard Svriace: As related to dri••ewa,s. parkmg, and loading areas, 'hard surface'
means a durable surtace of concrete, asphalt, ~,,~ brick pa, ers, or
similar alternate materials approved by tile Cit y
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P.r.r..-;.r'iJ/,.r •t' P4il1 .. H:.u--r:1 l)(s•:111:1 , 11'1'!.!{.a •••• IZ :,!'P'C'':1~' 1 :1•1• P •• 1. J I cm o r ['\G I n, ()Q I) l'L A 'I I\IG AND ZO NI NG COMM!SSION Sep tem ber I r,, 200 8 I. CALL TO ORDER
ai
The regular mee1111s 01 1h1• l1h f'l,111111111, ,m.! 7.ornng Comm,ss,on was called to order at
7·03 p m. m the Counc,/ Lh,1111ht•1, 01 1ht• Inglewood C1\ic Cen 1er, V1cP Clnlr Knoth presidin g.·
Prese n1.
Ab sent
Staff:
Ro th. /\1t1~. \\ elk1•r, c-.ilond(•r "lll'!lcr, Kno 1h, Fish, Bnc k
Alan \Vhite. Com111un 111 DP\l•lopml'n t D1rec1or
Nan q Reid, AsSi)t,lll t Cil} A11 orne1
/\like Flah erty, Drpu1y (111 i\t,rnJgl'r
II. AP PROVAL OF MIN UTES
Sept ember 3. 2008
Fi sh moved
~oth seconded. TO APPRO\ l Tl fl \f I'll \18[R 3 : '08 \11'\l, TES
Vice Chair Kno th asked ,1 1herc \\Cit' ,1111 11111d111<,1•1on, 01 crir,,•c1,ou,
There ,, ere none.
AYES
NAYS,
ABSTAIN
ABSENT
Roth, Calonder Knoth. l\init Bn, k
l\one
Kneger Welker, frsh
Bled('
Mot,on ea rned,
Ill. PUBLI C HEARING S
Q
CASE #2008· 1 1
Amendment s lo Title 16 Relat ed lu Hard Surfa ce a nd Co111111crd ~I Ve hi cl e Weight
Rric~ moved:
Kri ege r secon ded . THE PUB LI C I IEARl:S:G O'\ C ,\f ~!Otl ll 11 Ill 0 11['\ll l
r .mnir.1 :ir.d Zmim1 c .... mm,ui.,n r ..hh, H<:mn, C ,bC\ 11:oos-11 lnd C -~c • =oo~ I.! ~i:pcctnb:r 16 :f)I')) r .. ~c :ot n AYES, I\AYS: ABSTAI:\; ABSENT: B"c~. Knoth Roth, \Vtcl~"' "Ill!! < .1lon1lt'I I 1\h •,r·••111•r ,,one !\one Bleile i\ 101,on carried.
M r. Whi te, Commu nity Deselopme111 Dirl'ctor, ".is S\\tHn m II, ,Ia1t I Inr 111,•
Comm1ssion·s consideration 1onigh1 Is ca~e ~2008 11 , 1\m!!11c11111•n1, 111 till' \ 11111~d
Deve lopment Code (UDC) o( the Englewood i\lu111cipal Cot!<' rel.11Pd to h,ud 1mtJ, t ,1111
commercial \ eh1cle weight. He stated he h,1d already subm111 ed for th,• rrcoI d prooi 01
pub lication of which the notice was published in the Englewood Her,1/cJ on Augu\t 2" 200!1
as \,ell as the Staff report. The request tonight is tha t the Commission rev iew, take public
testimo ny and forward to City Council a recommendation for appro\al of the proposed
amendment.
The Planning and Zoning Commission is authorized by th e UDC 10 review and make
recomme11da tions to City Council regarding updates to the UDC. The amendments are
intended to coordinate UDC te rms and definitions with other Titles of the Englewood
Municipal Code. Please r :>te that recent "housekeeping• amendmen ts revie" ed by
Planning and Zoning Commission are not included in 1he text o f th e proposed amcnclmen l s
as adoption of proposed "housekeeping" Ordinance is not complete at this time.
Two topics are addressed in this UDC amendment proposal, (1) maximum \,eight of a
commercial vehicle allowed to be pa rked on residen tial property and (2] hard Sllriact•
driveway and parkin g pad standards.
VEHICLE WEIGHT
The proposed amendment to 16-5-4.O2c(l ) modifies the maximum \\eight oi a comm<·rc1,1I
vehicle stored on property in any resldent l.al zone dis trict from 6,000 pounds In -000
pounds. Mr. White said the only place in the Englewood Municipal Code where ,ehicle
weight limits are res tric ted to 6,000 pounds is in Tille 16. Elsewhere 111 th!! Code J11tl 11affic
signs use the vehicle weight limit of 7,000 pounds. In add111on, the Coty u111i7t>s J -,ooo
pou·1d weigh t hmit v hen rest rictin g tr uc k traffic in ce rtain area s.
HARD SURFACE
Three p roposed amendmen ts rela ting to hard surface driveway and parking p~d s1andard1
are part of a set of amendments to Titles 11 , 15 and 16 designed 10 use the same terms
throughou t the Englewood Munici pal Code. Hard surface, as relc1tecl tu driveways ?t1d
parking pads, will mean •a durable surface of concrete, asphalt, brick pavers, or sir.1ilar
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alterna te mJterials approved by the City ." •
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P' ... "'l~i,g.J.1'1Z,.m;r~;t' 1m r, "'h~ lt:.iun£ r -~ .. •~00"·11 JnJC.1\.i.·•1\Yl~.1! :>.;,::n'l.:1 16 ~00· P .. ~~ ~ ·( 11 ,\ Ir \ \ h1tc 011ered to anm er ,1,11 quest1 0111 1he Co111111iss1on n11g'1 t h.1. ~ /1\r. I\ elker said the 01111 clJrmca t,on he had 11:is that the Com111,ss11m " t,,lk111g Jbout commercial •~hide, onl\. n.:it pi>rsonal recre~uonal , eh1cles, motor hom,·,. hl1ses ... tr. 1h.1t might weigh in excess 'li 7,000 pounds . Mr. White sl,lled that "as correct.
,\1r. King asked "lyt determines a commerc1ai I eh1dt!. 'vis. II.neg er said 1hc1 Me uw ,
comme1ciall1 ancl Mr. Orick said he thought they were l1cens~d commerc1all, 1hrough 1h~
Department of Motor Vehicles
Ms Reid said, In her personal opinion, commercial , ehiclts are licensed as such a11 d th~l is
usuolly wha t the police department goes \\1th if the)' ha,e a quesllC!n about "hetllPr a
1ehicle is or is 1101 commercial. Even 1/ a van was licensed commerc1all)', 11 probablr does
not weigh over 7,000 pour.ds A large moving van. evPn if it \\asn't licensed commerciall1
the police departm ent \\Ould consider it commercial for purposes of enforcement.
Mr. King said getting back to the issue of parking c.imme rcial vehicles the ampndment s,11 s
they cannot exceed 7,000 pounds and in esent shall more than one commercial vehicle be
stored on a property. If yo u had two commerdal vehicles stored on a property bec,iuse
they had a plumbing company sign on the side how does that fit into this . Ms. Reid said all
she can talk to is the enforcement of the commercial. Ms. Krieger said she also \\Onde,ed
how that would" ork, although th.it i; not really whJt we dealing with tonight. Technically,
we are only dealing with the change 10 7,000 pounds
Mr . Welker said he understands that, but feels it is something that should be looked at fhe
definition of commercial 1eh1cle is vag ue. ,'l.1s. Krieger s,11d she did not disagree. He s,,id 1i
he wer~ a plumber and had a vehicle loaded full of pipe it would definitely be over 7,000
pounds. It may no t have a sign on it and ma; not even be a large tru ck. There arc
discrep.mcies that are not enforceable b\ our term~.
Ills Krieger said she also wondered "hat storing 11 on the street means ... p,irkmg 11 011 l he
st reet, park in g 01 ernigh t on the stree t ... what is storing it on public propcrt\ or public i.1:ht-
of•\\a\ I
/llr \Vd~er said he \\3S disturbed by the section that states that an over 1he road tra~to,
trai ler wasn't considered a commercial vehicle. Ms. Krieger said they Jre not allowed. ~Ir.
Welker said he understands that.
11\r, Whi te read the definition for commercial vehicle from the Code book It reads: A,w
vehicle desig:1ed, maintained or used primarily for the transportation of propert\. He said
that de1111itio11 is fairly broad .
\Ir \\,•11,,•r ,J 11:e probk•m \\llh this p.irl 01 lhe Code 11 that 1111 so hl!JUC \\'111 make one \111,111 d1.11q,, 111 the Co1fo 10 lry 10 01,lkt! 11 cleJrer ,rnd lea, e huge g.ips 111 \\h,11 "e are ,1llo•,,111i; io lw parked/ ,\Ir Fish said ,ire 1ou asking Slaff ii they are prepared l<J re11e" and """''' lh,11 1u111gh1 ,\1r 1Velk1•r s.ird he does 11·1 bel ie1e we are read\ 10 h.11e ,1 public 1,,,.1ri11•; 11 \ ou ca11 '1 a11s·.1er 11111ple que11ions about what's a commNc 1,11 , .,hr,le, ,\ ts l\n,•q,•1 ,,1ld \Ir \\ l111e read the cl•,11111urm but 1t is JUSt exlremel1 ,ague. Mr !Irick said bJ\.,d on the dei1111t1on \tr \\'h11~ read, 11ould 1he Commission be willing to mo,~ ftom
<,.000 lo 7.Cl/\0 pounds/ He said hi also behe,es the definition needs 10 be chan3ed. bUl
1•,ould 111' be: comfortable makms the change 10 i" 000 pounds. ,\Ir. Welker said 1i he were
dri, 11111 Mound the Cit) II\ mg 10 enforce 1h1s particular p:o,ision, 7,000 pounds rs pretty
lwd 10 11~ur<• ou: 11 1'1e wh1cle ,, eighs that w11hcut a scale. Ms. Krieger said yes, but can
~ee 11h1 11 needs 1-l be changed 10 7,000 pounds t-.lr. Welke· said 11e are tr)mg to dan!)
<omc1l1111g, but are 01111 doing part ol the Jvb that needs to be done. As Zonmg
Cnmm1rnc,n ttus is one of the issues that we need 10 consider ... what vehicles are being
p.11~ed arou110 our City. Mr, Bntk 1sked 1i the Commis~ion could proceed by mak ing a11
amencl111c11t 10 the proposed language. Mr. King sa id he do~sn·1 see where it says 1hd t no
v~lucle c,111 weigh o, er 7,000 po un ds; rt says no comm e rci al vehicle CM1 weigh over 7,000
1,ounds, Mr \ Ve lker said tha t's wh\ I asked the first qu es ti o n about whe th er this pertains lo
01111 wmmercid l I eh1cles becauSI' I also know that mo tor ho mes can easi ly weigh 01 er
7,000 pounds. •.1r King said that\ not a commercial vehicle even though it weighs over
7,000 pound, \Is Krieger s,1id yol' could park it on your property. Mr. King said It's an
111terprcta11on of what a commercial , ehicle is. Mr. Rsh asked if the o~ly issue 1s that
con1merc1al ,t>h1cle is poorl1· dC'llned or arc there other issues Mr. Kmg said his point was
that th,~ amendment rs 10 ti\· to hm11 the \\t11ght of vehicles, but it really only speaks 10
co111merc1al ,Phides \f>I comrnC'rci,11 ,chicles aren't reall\' defined. If there becomes an
issue the p~rson "111 JUSI s .. \ n's not ,1 commercial vehicle a.id II will be up 10 e11forcernen1
to pro~e 111s
Mr . Brick sJ1d insteac! of tr1·1ng 10 decide this to nigh t th e Commission might 1lunk about
IJbhns 1his par t1Lul.1r r,<u~ fo1 furtlw r discuss io n al a stud y session.
Vire Ci1,11r 1,,noth ,11keu ,\tr \\l11t1• i1 h1• w,111 1ed 1he Commission 10 dlscus1 just the change
from 6,000 to 7,1100 11uur11h ,111d nmw h,1< k 10 the other issues that ha, c been brought up
at J late, 11ml'
Mr Wh1t1 said he b,•ht•1, d \01111' 01 till' 1><UC\ brought up were .iddresscd in other parts oi
the Codi', but he s,11d h,• oni\ h,111 Tult, 11· ,,,,h 111111. \\hat we are talkmg about is parkmg
of cornnrerc1al ,ehicle, en IHl\,ll~ prup,•,ty. In ans\\er 10 Mr. King's queslio11 •eg,ird111g
hav ing two commercial ,!'ludt,s p,,rl,.~d on 1our property, Mr. Wh ite said the Code states
"in no event shJII more th,111 urn: ( I Lo111111ercia l vehicle be stored on proµ~rty in a~y
residential zone d11tric 1, wlw 1hc1 111 .1 µma te garage or carport, In an off-street p,1 rkins
space, or in an open-sp,1ce ,11c.1" !'V~n 1f they are less th an 7,000 po un ds. YOl1 ca have
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zero if more than 7,000 p11rn1rl1 ,1nrl 11 11 ,, If l<.>;s 1h.111 7,000 po unds, He said he clicl 1101 •
believe the amendmen t \\,ls 1111•,11111,1 .1dd rt•s1 motor homes, RV's, trailers, etc,
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P:,11': ... n1 .ir.J Zo:.;M Comm•"~" ?uh . Ht.1n,, CJ\t:~ •200.,.11 a.r1J ca~= •:oos. t ~ ><rte ht1 lo. :OC, PJi;t ~ u( 1: \Ir \Vell..er said on a personal basis he has a nc?1ghbor across 1he <1iie1 uom him p,11k111g a ila1 bed truck that i, sometimes loJded, a \\Ood chipper and a trenching machine: all parked on pmate residential propert, The GI) has been c11111g another neighbor for parking landscaping equipment on public roads.\\ 1thout being able to define thal these ,,re commercial , ehicles parked on pri, ate properues we ha, e se\ era I, iola1ions al'd he doesn't bel ieve we have clear cldimtions of what the} are in the City's Code. He belie, es the\ need
10 be addressed. If 1he Commission makes 1hc one li t1l e cha11ge tonight we may never see
this, issue back again in m}· lifetime Ms. Krieger said tha1 also concerns her and she 1s also
concerned that the Code is 1elling yo u wha t you can park in your garage and doesn't
believe wha1 1s in someone's garage is anybodr's business . She said she iePls 1hat ii a
residen l has a veh icle iden tified as fo r bus iness and Is parked in the garage she doe,n'I feel
tha1 is impac1ing anyone in the neighborhood, but v.e don't \\an1 numerous large
com mercia l vehicles parked on th e street e ither. Mr. Welker said 1hat is what he basically
has going on in his neighborhood Nlr. Welker sJid "e need to define what is goin g on
here, because as a zoning issue it's a li1tle different than simply the weight. Mr. Fish asked
\Ir. Welker if he was prepared to put forth an ame ndm ent Mr. Welke r said he is 1101; he
wants Stafi 10 look into the issue further before they present it to the Commission as a
simple amendment so the Commission ca 11 deal with the issue of pJrk ing commercial
\ ehicles In our neighborhoods. Ms. Krieger said we need a definition at the very least.
Mr. Fish said \\e don't ha,e a solution so all we can do is reject II or pass 11. Mr. Welker sa,d
"hether we 1able the amendment fo r a future time or deny It, by bringing it up now 11 is
going to go back and be discussed.
1'\s. l\rieger asl..ed Ms. Reid what the Commissio,i"s options are.
\Is. Reid said you could table this motio11 as u is and ask Staff 10 look al it again or yoLI can
make a motion to reject the amendment based on the lact tha1 this is not sufficienl and 11"
,,hole issue as you have discussed tonigh1 needs to be addressed.
1'\s. 1-.neger asked Mr. White 1f 1he re was a ny press ing reason this amendment should go
forwa I tonight. Mr v\ hilt! said none other than for making the job 01 code enforcement
office rs easier. Mr. White said there will a lways be insta nces where you will have to do
interpret.itions of whether a vehicle is commercial or not.
1'\r \\elker said he feels 1h1s amendmenl ,s 1101 addressing the real probl em wit hin 1he
zoning ordinance about wh,ll we can have around our City. He doesn't belie\e it 1s a
,,eight issue because you can't ve rify the weigh t of most ve hicles. In his opinion the weight
i· not 1he rea l problem in Eng.ewood to 1he zoning ordmanre. He said if he d,esn'1 stand in
the ,, ay of it right now and try 10 gel al the point of wha t we have as an issue wid1i11 1he
City then he's not doing a good job for the Ci t)
P.~:-:~~, .inJ Zom:-:~ C,~n;.ma,:a.n f>Jt-'1,. Ht'.lnni \l.~,•~ 11.:IJC.H<~:OOS•I: St;"(a:mhi!-r 16.1ft), P.1tc6orl! \,Ir F,sh said tonights amendment \\JS rlll'ant to be 1ust 10, hou,eke~p11 1~. "h,,, , "U ar,• r,11s111g 1s a much larger issue thJt we hd\ e not been bneied on or d1s,u,s~u ht! said he IN'b /I.Ir , Welker is right in that th ere Jre mJny problems i,1 the Code, but didn't feel making the change to 7,000 pow1ds Is a problem. ,vis. Krieger said there isn't any reas on not to fix all of it 11 hile the issue is before tis, ,\ Ir . Fish said we would need Staff and we would need to look at other parts 01 th e Code and ,, e
haven't done that ,et. ,\,Is. Krieger said that is \\hy \\e want to ta ble th e issue. The
Commission asked /I.Ir. \\'hite v.hat is on the Commission's schedule for the ne,t month to
six weeks. He sta ted there is a Stud1 Session scheduled for October 7• and a Public
HPanng on October 21 ". He said this issue could be included in the Stud\ Session on
October 7" and the Public Hearing could continue on the 21 ". Ms . "neger asked ii that
was enough trme for Staff to prepare. Mr. White said tha t was enough time to at least
pro\lde the information from the other sections in the Code and see if that addresses your
concerns or not.
Ms . Reid expla ined if the Comm ission continues the hearing once it has been opened it has
already been pu bli shed, it's already been noticed a nd therefore it does not need to be
republ ished. If anyone is interested In the issue and are here tonight they have been
Informed that it will be con tinued.
Mr Knoth asked if the Commission wanted to discuss the issue of hard surface 1onigh1 or
continue that part of the amendment also. The Commission stal ed they wanted to continue
the amendment in its entirety as it is all one case.
Welker moved:
Krieger seconded: THE PUBLIC HCARING ON CASE ;;2008-11 BE COo\!Tlr--UED
TO OCTOBER 21. 2008
A\'CS:
NAYS:
ABSTAIN:
ABSENT:
Brick, Roth, Welker, King, Krieger
fish, Ca lender
Knoth
Bleile
Mr. Fish voted no because he s,,id he didn't feel the Comn11ssion needs to hold 5tafr
hostage in this \la\'· He said l•e fell the Commission could pass this amendment and deal
with the other issues separatel)'.
Mr Brick vote yes because he feels,, month's wait is not that crucial.
Mr , Welker said yes as he believes there some issues lo consider that there .uen't aim•. e rs
to 1onight.
Mr. Kriege r , oles yes and ag rees with ,v\r , We lker.
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P .... -n1n~ Jl\d 7 n1111 Cornm,htOM P· .. ~ :i: H.:.anai ( ,n:~ •~OOS-I 1 JOO CJ'-( •:1)0/'t.J; St?:<m!>e, 16. :008 PJi: 7.-,,, 11 Mr. Roth \'Oted yes as he feel s there are other issue, that need to be d1scuss<'CI. Hes 1101 e, en sure "eight is really the real 11,ue as it'1 something that cJn't be measured ! y Jn enforcement officer; you shou ld be dealin~ wi th height and \\e1gh1 ,\Ir Ki11g voted ~es and said he doe111 t feel the Comm,ss10111s hold111g S1.1ii hcst.1ge· ,,e·re )u,t trying to get some clarification.
Motion earned.
CASE #2008-12
Amendments to ntle 16 Related to the Sign Code and flags
Krieger mo, ed,
Fish seconded: THE PUBLIC HEARII\G O'J CASE #200812 BE OPE~ED
AYES:
NAYS:
Brick, Knoth, Roth, Welker, King, Calonde ,, Fish, Krieger
None
ABSTAIN: None
ABSENT: Ble ile
Motion carried.
Mr White, Community Development Director, ,,as sworn in. He stated for tne
Commission's consideration tonight is case #2008-12, Ame11d111enll to the Unilled
Development Code (UDC) of the Englewood "ltmicipal Code allowmg the d1spla1• of flags
connected to activities of a business district or mercha11t association. He stated he had
already submitted for the record proof or publication d which the notice was pubhshed in
the Englewood Herald on August 29, 2008 JI well d$ the Staf reporl. The request tom ght 1s
that the Commission review, take public teslimom and forward to City Col/ncil J
recommt!ndat,on for approval of the proposed amen dment
The Planning and Zoning Commission i1 authorized b1 the UDC to review ancl m,1ke
recommendauons to City Council regarding updates 10 the UDC.
This topic was discussed with the Planning and Zoning Con1111isslo11 al a study session on
August 5, 2008. There was some discussion about including merchant associations, but
upon further reflection by Staff they felt that should not be 111cluded 111 the Orcl1nance as
there 1s really no control of merchant's associations by the City.
The Business Improvement District wants lo displa1 •salt D,~• flags ,>ne day per monlh
• \\lthin the Business District. Currently, the Code does not allu,, the display of fl,1gs for
Pl.inmnJ .inJ bm1ni1 Cumm1\\~ln Pwblt c ll.:.2t:r.i C.1,.::-, •:om, 11 .ir.J C.1•c •:uo, I: ~,ptcm"Cf l6. 10C» P.i;e: S f.'lt I~ an, thing other thln C111es, sta tes or nations. This Code amencment \\OUld extend the ab1h11 to displa\ 1:Jg, to c1l) appro1 ed bu~mess impro,emenl diwicls. Flags of ci111~s stales or nauons .ire li.nited to 35 square feet in area and are 1101 subiect 10 any perm111mg process. Staii suggests the 810 "Sale Oa, • t1ags not be subject 10 a,,1· perm111mg proce1s as well, but Stafi did suggest the size be limited 10 15 square feet ThP\ '"" be displayed from tlag holders that '"" suspend the flags°' er the pubhc sidewalk.
Mr. \.\'hue offered to answer an\ questions the Commission might ha, e.
Mr. King said in an effort to make it eas ier on Code Enforcement, since II seems tl1,11 the
conventions in th is particular elect ion cycle are approximately 60 days from the election
day, the Code sa1s elections signs shall not be posted more than forty-ft1e (45) calendar
days prior to the election date, would it make sense to extend that date out to 60 days.
Mr. Brick said he also saw tha l and it is a violation and code e nforcement should go arou11d
and collect the signs. Mr. Welker said there probab ly have bee11 signs up continuous ly for
three months or more already this year.
Mr. White said it has been discussed at study session that the who le sign code needs to be
updated. Th e Commissio n decided lo leave corporate flags a11d other sign issues for when
the entire sign ~ode is discussed. H~ sJid he wou ld be happy 10 ta ke a recommendallon
back to Staff regarding the electiori signs, but tonight's discussion is in regards to the "Sale
Day• flags.
Mr Welker suggested m 16-6· 13 EJ(b) the name spec,fically of the business improvement
district or to require them to ha," ,1 lcgo thJt has their name in it be included.
Mr. Knoth ,isked if the 0ags were hmited to 15 square feet per side . Mr. White said th,11 was
correct.
Krieger 11101 ed
King seconded· THE PUBLIC HEARl1'G O~ CASE #2008-12 BE CLOSED
AYES.
l\:AYS:
Brick, Knoth, Roth. Welker, King. Calender, Fish, Krieger
None
ABSTAIN: i\one
ABSENT: Bleile
fl Motion carried.
Kri eger moved:
Welker seco nded: CASE #2008-12, _.,V\ENDMENTS TO TITLE 16 UNIFIED
DEVELOPMENT CO"lE RELATED TO TH E SIGN CODE AND
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P!J::r.;nt iil'IJ lor. :,• (l,r.'11:!l). :i PuM:..-llc;mr. (:J\(', -~OO!i-I1 ,t;;J C ,l~C -:00;, 1 ~ Si:r:c'.llN'r Iii. 200' P.i~cQ~tl: fl",GS BE RECO\I\IE.\DED FOR APPRO', ~l TO cm COUSCIL WITH " f,WORABLE RECO\I\IE\D~no, FOR ADOPTIO,\ \\l(H 1/-IE FOLLO.\I.\G A.\IESD\IE\T I. THE FIRST SENTE,\CE OF 16·6·/3 E Jib} SH~LL READ· fL ~GS OF CITY APPROVED BUS1,,ESS /,\IPROVE\IEM DJSTRICTS, PROVIDED THE fl.ACS DISPLAY 0,\'D THE ,\A.\lf
f\lBLE\1 ASD OR THE LOGO OF THE ORGA.\IZAT/O.\ A,D
/\0 /,\DIV/DUAL BUSI\ESS /\A.\IES.
AYES :
NAYS:
Brick, Knoth , Roth, We lker, King, Ca londer, Fish, Krieger
None
ABSTAIN: None
ABSENT: Bleile
Motion carried.
IV. CA PITA L IMPROVEMENT PRO!ECTS
{ii Mr. White stated there is a section 111 the Charter that requires the Plan111ng and
Zoning Commission to submit a list of recommended capital projects to the City Manager .
Mr. While introduced Mr. Flaherly, Deput) City Manager .
Mr. Flahcrly said one of his funct ions at the City is to provide for Initial review of capital
project requests and to make preliminary recommendations that go lo City Cou 11cil. Mr.
Flaherty revie\, ed the two spreadsheets included in the meeting packet One i~ a very
detailed and extensive spreadshee t that lisls all capital projects on a cil)•w1de basis,
including those that are proprielary, enterprise, special revenue and restricted funds. The
projects for which you have authority to recommend on rela le 10 r-unds 30 and 31. Fund
30 is the Publ ic Improvement Fund and Fund 31 is lhe Capita l Projects Fund. The second
spreadsheet identifies all of the projects th at were subm itted by dep~rtment directors for
2009 consideration. The total number of pro1ects submitted has a dollar figure o f neJrl)•
$8.7 million Unfortunately, the Cit) only has about S2 m11hon to spend. Re, enue
projections for 2009 are just slightly 0\ er S2 million, whir, is considerably lower than It has
been in most recent years . Slightly more than $4 million was approved m 2008 for public
improvement capital projecls funds. The source of funding for c~p1tal improvement and
publi c improvemen t funds come from the PIF or th e use lax fund s. Revenues for 2009 we re
pres en ted . Total proiects recomme nded at this time amount to $1 ,998,980. Council has not
acted on this yl't and could very \,ell make changes. The recommendeo proJecls were
re\1ewed.
Mr. Flaherly said the Plannlnij and Zoning Comm1s~ion's recommendations are cer1a111I)' of
value to Cl 1y Counci l an J to 1he City Mana ger's office and we appreciate your time. He
offe;ed to answer any questions the Commission might have,
Pl.uinmg JnJ /,111111g Cumml\\t(m l\1h.11 .. Hi!J.nn~ ('i l",•~00~-ll~iJCN.::oo, I.! ~rrct"r.--«1 tu :!OG., 11,.t(C 10 '-'I I'! \\r l\nolh asked ,f Jll\Ont' had .m, qucsltllns Mr. Welker said he belie, es 1his is a 1, ,,;te of our rime The 1111orma11on ,, ~ recel\ ed ,111d 111 the format 11 was in was 1ir tu ally ltnread..il,le 10 me, HC' aJt d l.t: ~;,e111 about a11 hour on ll and decrded it was completel1• a 1,aste. He didn't kno\\ \\hat th,, codes meant. \\hat funds 1,e "ere lookmg at that the Commission has an\ 111put on. 1he trmmg sucks and 1,e\ e had
better information tn the past.
Mr Brick seconded th at. He said the documen t was poor to read. He said if you really want
my recommendation I need to unders land the material. It probabl1 would be better
brought to a stud1 session and if "e 11eeded to do some1hmg officral \\e could do rt in a
publ ic hearing fo rmal.
Mr. Flahert\ said he would certainly accept those criticisms and try to pro,rde better
information in the future
Mr. White aske d the Commission if there was something 1hey h~ve rece ived in the past that
was in a belier format Mr. Wel~er said whe11 you look al a spreadsheet that each page is
two pages honzontally with no headings it is virtually a chore to try to straighten it out He
said he would rather see it in microprin t and use a magnifying glas~ to read, plus he said he
did no r know wha1 1he code, Jnd abbreviations mean t He said he virtua ll1• co ul d 1101
prepare for the meeting ,, 1h \,h_ was brought to him. He said he came to the meeting
wrlh only the expectation , 11 ·or ,ation on it and basically what I am hearing ,s we don t
have any money and we're nut going to do anything anyway so It doesn't mailer wha t you
say. Thal may be the truth, but it's not what I like to hear when I'm being a,ked to g,ve my
time lo the City for some~1ing like this.
Mr. White asked if a summary would ha,e been easier to understand Mr. Welker said
something that was decipherable, with a legend so th at the Commission could understa11d,
and identification of which ca tego ries we were loo~ing at.
Mr Flahert1 said the inclusion or all the City-11 ide funds probabl1 should not lia, e bc1•n
111cluded because you are no t laking ac11on on all of the funds. I le s,1id 1he Commrssion's
cri1i cis m is well founded a11d he will take it back with him for fu1urc rcfercncl•.
Mr Bnck said some of the columns cao be elim111ated from the materral presented to th~
Commission. Mr. \'\'elker also asked th.:it the spre adsheet show how a proiect m1gh1 be
funded over a period of yea rs.
'vis. Krreger s.:iid she has always felt it rs a "a,te or the Commissron's ttme to re, re" the
pro1ects. She said she doesn't ieel as most of what we are looking at has anything tn do
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Pl,lflning .u1J t...uurtt C'omrn1\\:un Pubh~ llc.v.nr C;J.c>•~•ll WC.l5t-'=~•1•1: ~,poemb<r I~ 100~ P.,, II ot I! Mr Calonder asked II the Clwter could be changed so thi s issue does not come b< for~ th" Pl.mnmg and Zoning (ommiss1011 .\I~. Reid s,11d clMnges to th e Chart er requir e an electi on Mr Welker said the idea of the Charter is that is h,1s some public input and this is the type of Commission that might pro\ 1de that Ms. Krieger said s'1e can und ers tan cl that, but shon of hours and hours oi stud\ we can't get anything out of this to give worthwhile 111pu1 /\Ir Welker said in past \ears we ha\e had be1te1 meetings \\here \,e actually made some recommendations and discussed some projects that people cared about such as the
pedestrian bridge across Hampden. There were issues that had something 10 do wuh lan d
use and patterns oi use in the City tha t nobo dy else in the Ci ty was looking a1.
Ms. Flaherty said let me tell you what I have heard and see if yo u agree .-ith 1111
assessment:
I . Don't present information that the Comm1ss1on cannot act on
2. Show rnformation !n a context that is more than one year.
3. Present in a form the Commission can understand.
4. Present information in a umelier manner.
Mr. Brick said on the 2009 Prehmina1r Capital Projects Recommendation Revised cha rt is
would be helpful to sort by department as it would be easier to read. Mr. Flaherty said they
were intended to be al least marginally prio ritized, but if you prefer by department we
could certainly do that. Mr. Bri ck said since the priority number was not Included 011 the
spreadsheet we did not understand that.
Mr. Welker said part of the Commission's role is to establish tha t prionty so 1f you give the
list to us in an order we have to look at It in I have a problem wi th that. He sa id he would
like to see the list before the City sets the priorities. Mr . Flaherty said if the Comm issio n
would like to see the iter.1, as they were submitted by each department he would be ha ppy
to do that. Mr. Brick said he would like to see 11 by departme nt and by priority.
/\Ir. V\'clker said next year he does not want to se e the same thrng. he would like to ha1e a
chance to look at the things the Commiss ion may be able to have some interest 111. Mr . Frsh
asked for a better description of items. Some on the current document didn't mean a 1h111g.
Mr. Fl,1herty thanked the Commission. Ms. Krieger thanked Mr. Flaherty for his time.
Mr. Fish asked if th e Commission needs to make any recommendations on this is<ue . Ms.
Reid said the Commission does n1>ed to vote. She offered several options.
Brick moved:
Krieger seconded: TH E COMMISSION RELUCTAi-:TLY RECOMMENDS THE
CAPITAL tMPROVEMEl\'T PROJECTS BUDGET AS PRESENTED
DUE TO THE FACT THERE WAS NOT SUFFICIENT TIME OR
P!.mmnll. imJ Zonm~ llir. • .t11\ llffl p .. hbc llt;u:ns -ra\eJ •100~-1 I anJ C,....e .1(~()1;1,,11 S~1"1~n.het ll,. :oos l'.;: l!al C "FOR\1-\110, PRO\ IDED FOR THE CO\IMISSIO's 10 REVI EW AND DO AN ADEQLATE JOB AHS: ,AYS Brick, l\11oth . Rrth. \\'e!ker King. Calo11der, Fish, Krieger :\one AB STAI,\/: None ABSE~T. Bleile
Motion carried
V. PU BLIC FOR UM
There wa• no public present.
VI. DIR ECTOR 'S CHOI CE
Q Mr. White had nothing further to repo rt ,
Vll. STAFF'S CHOICE
Q Sta if had nothing further to repor t.
VIII . ATTORNEY'S CHOICE
fl Ms. Reid had nothing fu rthe r to report,
IX. COMM ISS IO NER 'S CHO ICE
f1l Mr Brick said he would not be 111 ,lllendance ,H th e OctobN ,'" meeting
The meeting adiourned at 8:25 p.m.
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C ~, T y 0 F COMMUNIT) E NGLEWOOD DEVELOPMENT TO:
THR U:
FROM:
DATE:
SUBJECT:
Plann,ng and Zoning Comm,ss,on
Alan White, Director, Community Development :X,I})
Tricia Langon, Senior Planner .
October 21 , 2008 .,,.-•·
Case 2008-11: Title 16: Urnfied Development Code Amendments
Related to Hard Surface and Commercial Vehicle Weight
RECOMMENDATION:
Staff requests that the Planning and Zoni ng Commission reopen the public hearing.
review, take public testimony, and forward to City Council a recommendation for
adoption of the attached p roposed amendmen ts to Title 16: Unified Development
Code (UDC) of the Englewood Mur,icipal Code related to hard surface and
commercial vehicle weight.
BACKGROUND:
The public hearing for Case 2008-11 was opened on September 16, 2007.
Members of the Commission questioned the adequacy of the definition of the term
•commercial , ehicle" and other issues relat in g to the maximum weight of a
commercial vehicle stored on residentl,1I property. The Commission voted to
continue the public h ea ri ng to October 2 1, 2008 so that staff coul d research and
address their concerns.
During the O c tober 7, 2008 study session Community Development staff requested
additional time .o prepare a thorough analysis or the is Jes including commercial
vehicle definition, weight and. or size limits, conflict and compatibility \\1th other
Titles of the Englewood Municipal Code, and obtain Code Enforcement and Police
Department input. By consensus the Commission agreed to reopen the public
he,1ring and consider the proposed amendments on Oct ober 21, 2008. Staff will
bring the l,1rger issue of commercial vehicles in residential distric ts back to the
Commission at a later dJte.
Pursuant to 16-2-1.84 of the Engle1,ood Municipal Code, the Commission is
authonLed to revIe1, and make recommendations to City Cc.uncil regarding updates
to Title 16: UDC. Please note that recen t "housekeeping• amendments reviewed by
Planning and Zoning Commission are not included 111 the text ..,, the proposed
amendments as adoption of proposed "housekeepi ng" Ordin~nce is not complete at
this time, •
IOOO [ngl,-.,ood P,orkwa\ En,ile-.•ood. Colo••do 80110 PHOM J0J.762·2342 FAX 303-781-i,895
... .-.A f f1£1iNoodgOYOf8
2 T"" topics arc aJdress<·d m this LDC amendment proposal , 11 maxunum "eight of a commercial ,ehicle allo""d 10 be parked on re siden1,al propcrl\, and 12) hard suriace dri, e\\a} and parking pad stand,uds . The amendments are 1111ended to coord111ale UDC terms and definiuons with other Titles oi 1he Engle\\ cod Municipal Code. ANALYS IS: Vehicle We1gh1 The proposed amendment to 16·5-4.D2c ( 1) mod1i1es the ma\imum weight of a
commercial vehicle stored on property in any residential zone district from 6,000
pounds to i,000 pounds. Chapter 6: Vehicles oi TIiie 11 : Public Ways and Property
makes se,eral references to ,ehicle "eight limit of 7,000 pounds (70 cw.I.). In
addition, the City utilizes a 7,C'flQ pound "eight limit when restricting truck traffic in
certain areas The amendment to Title Hi 1s proposed in the interest of consistency,
ease of enforcement of regu lations, and conse" ation of resources since the traffic
signs already use the 7,000 pound limiL
For informational purposes, c.w.1. is the abbreviation for hundredweight," here wt is
weight and c stands for one hundred, as In the Roman numeral C being equal to
t 00. A hundred\, eight is equal 10 100 pounds.
Hard Surfpce
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The Commission recently discussed dri,e-,ays and parking pad materials within tne •
UDC "Housekeeping" amendments. The ..:ommission recommended that dirt.
gravel and grasscrele surfaces be prohibited for driveways and parking pads, The
in tent was that driveway and park ing pad surfaces should be of a hard material so
not to easily e rode. The material should also be durable so not to readily deteriora te
or spread material into the publ ic way as a vehicle enters the street.
Three proposed amendments relahng to hard surface driveway and parking pad
standards are part of a set of amendments to lltles 11, 15 and 16 designed to use
the same terms throughout the Englewood Municipal Code. Previously each Title
used similar but not the same IJnguage to discuss p~rk111g surfaces. ll1is created
issues with interpretation as well as enforcement of th e various Codes. As purposed,
each Title would use the same language for hard surface, as related to driveways and
parking pads. The term "ill mean "a durable surface of concrete, asphalt, brick
pavers, or sim ilar alternate materials approved by the City". This language modifies
the recommended "housekeepin g" amendment language with the inclusion of brick
pa,ers, but retains the basic 1111ent of that recently recommended amendment.
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PROPOSED AMENDMENTS: 16-5--1: A ccessory Uses. D. Prohibited Accessory Uses. 3 1. Prohibited in Residenual Zoning Districts. The following ac1ivities shall 1101 be regarded as accessory 10 a residential principal use and are prohibited in all reside111ial (RJ dis 1-;cts:
a. Automotive Repair. Automotive repair, including engine, body, or other
repair or repainung of more than one (1) vehicle al any one time owned by
a person not residing at that addr ess, regardless of whether compensa1ion
was paid for the se rvice.
b. Outdoor S1orage of Inoperative Vehicles. The outdoor storage of inoperable
vehicles shall comply wi1 h Title 15 EMC.
c. Parking of Commercial Vehicles
1 1l In no event shall more than one ( 1) commercial vehicle be stored on
properly in any residential zone distric~ whether In a private garage or
carport, in an olf-s lreet parking space, or in an open-space area. The
size of such commercial vehicles shall nol exceed vehicle weight of sil!
~lhousand fe;GOO,) (LQ.QQl pounds (£,G ZQ e,w+. ~).
(2) For the purpose of this Section, a road tractor or truck tractor shall not
be deemed a commercial vehicle, and no road tractor or truck tractor
shall be parked or stored in any residential zone district.
(3) No commercial vehicle shall be stored on pub Ii~ property or in the
public right-of-way.
16·6•4: Off-S treet Park ing and l oadi ng Requirements.
0. Surface Cover. Off-street parking and loading spaces shall be of a kar~
eiltter 1m et:! wilh-a~1mele ar eriek pavers, l!l!Eelll IRal the City may
allpre•,e the 11se ef ahernale t:li;st lree s11rfaclAg materla~i~FtilE~
bard durable surface of coocreu: asohalt bnck oavgp; or similar ahematr
materials approved bv the Ci!Y to serve a principa l permitted residential use.
16-6-10: Design Standards and Guidelines.
• 8. Residential Design Scandards.
4 5. Front Lot Co,erage Resi Jent1al Ori,ewa1 Jnd Parking Pad Standards. d. Srandards ior i<esidentia/ Dri,·e"ays and Parking Pads wi1h,n rhe From Yard or Serback Area (1 Rela11onship 10 and Con~icl .. i,h Similar Provisions. The general residential dm ewa) standards in Section 16-6-3 EMC, above shall app~• 10 residential de~elopmen~ except !hat if this subsecl1on's residential driveway !tandards conilict \\ilh d,e standards in Section 16-6-3 EMC,
1his subsection's standards shall control and apply.
(2) Zoning Site Plan Review Required . All new construction, surfac.ing or
resurfacing. alteration, expansion, or re-installation of a residential
driveway or parking pad shall require Zoning Site Plan review (see
Section 16-2-9 EMC) prior to th e start of work.
(3) Th e Use of Parking Pads In Conjunction with Dr iveways. The use of
parking pads in conjunction with driveways is discouraged but not
prohib ited. However, in no case shall the tota l width of any
co mbina tion of parking pad and driveway exceed twenty fee t (20').
(4) Permilled Driveway and Parking Pad Pa ving Materials. Residential
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driveways and parking pad shall be improved with a bard durable •
surface o( concrete a5Pbah brick oaxers or similar ahermue maJerlals
approved by the Cjty elt1rnele Rare S\lffaee a1313re¥eel e~· !Re Cit)'.
£tiff~erials !hat ma•t ee t1seel iHelt1ele EOAErele, as13kalt.~
aggregate, or Grasserete. Prohibited materials indude dirt and gravel,
&caucrete PC other POCOYS material-Zoning Site Plan revi ew (see
Section t 6-2-9) is required prior to the start of any residential driveway
or parking pad surfacing.
[,,OTE: The remainder of 16-6-10 contains no changes and ,s
therefore not included here/
16-11-2: Defini tion of Wo rds, Tenns, and Phrases.
Hard Surface: As related to dri veways, parkmg, and loading areas, 'hard surface'
mean s a durJble surface of concrete, asphalt, ei.f)&S-:el agg,ega1e, brick pavers, or
sim ilar alte rna!e matedals app rO\ ed by the City.
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P.~-•1 .,. .. Jz~~;Co~.;;.11, ;,.:-: riib .. ~ H: .• .r.r:;, r .. u~•· SE:OC~-0.~ .. r -.!Ccr !1 r:.\.:•.: · :t (k• .... :, :oc , • P.,::011 ·
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CITY OF E:-;GLE\\ 000 PLANNl:-IG AND ZONING COMMISS ION Regular Meeting October 21, 2008 I. Q CALL TO ORDER
The regular meetin g of the City Planning and Zoning Commission was called to order at
7:0 ~ pm. in the Council Chambers of the Englewood C,,ic (enter, Chair Bleile presiding.
Present.
Absent.
S1aii:
Guests:
Bleile, Roth, King, \\'e!ker, Calonder, Krieger, Knoth. Fish. Bric~
None
Tricia Langon, Senio r Planner
Nancy Rei d, Assis tant Ci ty Att orney
Haro ld Still, Manager
Au dra Kirk, Plann ing Tech nicia n
Gr ego~ Ta n, Green be rg Traurig
Ed Dolan, All Recycl ing
Chri stopher Neumann, Greenberg Traurig
Scot Uhrig, All Rec-,•cling
Lee Eisenh eim, Em irosure Solutions. LLC
II. Q APPROVAL OF MINUTES
October 7, 2008
Knoth mo, ed:
Krieger seconded: TO AP PROVE TH E OCTOB ER 7, 2008 MINUTES
Cha:, Bl~ile asked if there were an\ modificat ions or correct1ons.
There "Ne none.
AHS
:\A)S
ABSTAI\;,
A85E1''T
Roth,\\ elker. J,;neger, Calonder 1..noth. Fish. l..1ng
:-;one
Brick. Bleile
None
Motion carried .
P!.-nn.::"IJ .. r.d Zor:u-. .: Cornm1 s.on Pwl'l:ic Hunn,, CJ,.r•l'SE~OO .. •t>l~..u.JCor.:1r.u:.i'. nt!'C::.111:,:,c -Ii Ck: 0<r !I !t>'J P.i;i;r: :ot r· Ill. P BLIC HEARINGS • Q C SE #USE2008·012 -CONDITIO .\!Al SE PER IIT AT 1607 \ EST H RV RD E, E fish mo\ed ; Krieger seconded TH E PLBUC HE-\Rr,c o:-: CASE /:USE2008-0J 1 BE OPE,m
AYES·
\! YS,
ABSTAl ,s;
ABSENT.
Bleile, Brick, Knoth. Ro th, Well..er, Ki11g, Calonder, Fish, Krieg er , ·one
None
Non e
Mot ion carried
Plarrn :~g Technician, Audra Kirk, was sworn in. She stated before trc Commission tonight Is
Condillonal Use Case #USE2008-I 2. It was s ubmiued by the applicant All Recycling Sou th
for Conditiona l Use appro va l to allow a solid waste transfer station In an 1·2 zone district .
She stated for th e record the Notice of Publit Hearing was published in the Englewood
Herald on October 3, 2008 and the applicant provided certification that the property was
con tinuously post ed from October 6, 2008 Also included for the record is a copy of the • Staff Report.
The proposed solid waste transfer station will be located on six properties totaling
appro imately 2 ½ acres that will be combined through an adm inis trativ e process The properties lnvo l1 ed are ·
1607 West Harvard Avenue
1604 West Harvard Avenue
1 54 West \Vesley A\'enue
1 50 West Wesl ey Avenue
1744 \'\'e st \Ves ley A\'enue
1770 \ est Wesle\ Avenue
Tllese properr1es are bordered by West \Vesley Avenue on the north, \Ve st Har va rd
Avenue to the south and a \ aca ted portion of West Pecos Street to th e eas t
For the last forty ►·ears these proper ties have been used together as a salvage and wrecking
rard . Currently th ere are three buildlrgs located on the properties. Two of the buildings will
be demolished In order to cons truc t a new structure and a new concre te drive Isle. The
transfer station will be located on Lot 8 and will be approximatel y 15,000 square feet and
25 to 30 feet in heig ht. This size a11d bulk is not out of character with the adjacent
properties whic h are also zoned 1-2. •
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P ... r.~f .::i .... Z tr.I!"; Cur.:=i:,-.:~,::: PJ~ll,. Ht.1::".a C~•l"SE:.:~-01:J~COl'l:-.... 111n 1c:i,~•=x .. 11 Oc.wl'e: 1l :oos PJ.;: 3.11 r· Tile plan right no1, pro\ldes tor: 1 On-site stacking for se,en largi!-scale trucks. 2. Screening at mterior and exterior property lines to mitigate noise. tr, ,1sier station operations and to help contain lmer on the sue, 3. Land;caped areas designed to Cit} standards, and 4. The plan meets all Englewood Municipal Codes
The Planning and Zoning Commission review must determine if the request is consistent
with the Comprehensive Plan and meets the tlve criterion found in 16-2 -12 Conditional Use
Permits.
The plan does support the goals of the Comprehensive plan in the following ways:
I . The proposed use ,,ill create a balanced mix of businesses and
2. Improve the building stock in the 1-2 district.
The Five criterion tha t must be met are;
1. The use must be permitted as a Cond itional Use in the zone district In which
it is proposed to be located:
Table 16-5-1.1. Table of Allowed Uses, a waste llansfer statron is permitted within the/.
2 zone districl
2. The Cond itional Use will not create signifi cant adverse impacts on existing or
future development.
The transfer stdtion is expected to generate approximately 300 vehicle trips per day.
200 of tlt ese trips will be waste uucks. 50 semi-uailer (uansfer) uucks and 50 mixed
vehicles. The quantity of rrafiic generated by th e proposed transfer sldtion will be
dispersed fair ly evenly throughout th!! day. The peak oi rh e rrairic is expected to occur
dfler the morn 1g rush hour with a significant drop befo,e the evening rush hour. The
number of vehrc:e trips per day does not exceed trafilC generation beyond what
would be genen1ed by a u,e-by-right in the zone d,surct.
A tra11,c study 1Vas complet ed in June 2008. Per that trati'1c study, multiple routes are
avaifob/e /ead,ng to South Rar11an Srree~ which feeds the s,te via West Wesley Avenue
and Wes t Harvard Avenue. In order 10 avoid impacts ro the residential areas,
cusromers will be dir~aed to routes thar bypass South Zuni Street and 5oulh Tejon
Streets north oi Yale Avenue. The preferred and recommended rout es d11ea the rrucks
ro come into rr.e sire from South Raritan Street. South Raritan Street can be accessed
d11ea,'y from West Evans Avenue on the norrh or through various streets in the 1-1
d;strict to th e south.
P!:irm.1n1 Jr.iol Zonm~ C1)"iin:1,\1on Pubhi: I lc,1r:nJ) C.uc •L'SE:oos.01: lt.J Cor;:1:u.: .. uc:i cf c .. ~ •:·)1•~·11 Oi:":tl-el ~ 1, 1fm P .. ;:-' .... 3. Tne number oi 01i-stree t pJrk1ng spaces shall 1101 be less thJn the requirements of Section 16-6·4 of the Engle11ood Municipal Code. -I wa5te uanifer Slat on ,snot spec,tica.'.'> /,;1,,c/ 1here1ore Sec!io~ lb-6-4£.5 oi the Lnii,ed Development Code. Un/med Use; siate tha~ ·tn reviewing a developmen t applrcation ior a use no1 speClllcally ltsted, the Ctty i'v/anager
or designee, shall app/1 the standard ior th e use that ,s most similar 10 the proposed
u;e•.
!ndusuial Service and/or menufactunng require an area equal to one quarter the gross
iloor area occupied b) the use in a structure. Using this formula, the amount of
parking required wou ld be four spaces. The proposed plan provides for nine spaces
including one handicapped parking space.
4. Meets all other applicable provisions of the Englewood Municipal Code.
This project did go through th e Development Review Team and was reviewed and
approved by all C,ty deparunents.
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5. If the application is ior a Co ndition al Use telecommunications tower or
antenna, it shall al10 conform with any additi onal stan dards and requirem ents for such •
uses specified in Chapte r 16•7 of the Englewood "\unici pal Code.
This aiteriQn is not applicable as telecommunication use is not part of this application.
Staff recommends the appro, al of the requested Conditional U1e to allow a so1id waste
transfer station in an 1-2 zo ne dist11 ct.
Ms. Kirk offered to a1m,er a ny questions the Commission might have.
Mr. Brick slated he did not notice bicycle parking being included in the Site Plan. Ms. Kirk
said bicycle parking has not bee n iden tified ye t, but tha t will b e a requi rement before the
plan is approve d throug h the Building Depar1mer1
Mr Fish asked Ms Kirk 1i she could comment on the traffic anal\·si s on any level . Ms. Kirk
said she is no t a specialis t in the area oi trafiic, but It did go through the Development
Rcvie" Team and th e Public Works Division did approve the traffic stud y, which has been
revised. She said any ques tions regard ing tra fiic would need 10 be dir ected to Ladd . Mr.
Fish said )'OU have no comment as Staff on the inc rea se or decrease or issues of traffi c
surrounding this area Ms. Kirk said besides the fact there "ill be an obvious increase in
tra ffic, th e routes tha t have been laid out going through South Raritan are the routes that
will be recommended. The traffic study indicates there will be directional postings on •
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Pl,/·r.1r,1 Jr. Z11: JC -;:-ti .. "•" . H,.r-;, CJ,:-•tSC~~-.,1 : ..... C .... :r .... •, :1 fl.: .. ,c •!:,OS-11 Ock '.li:r ~I , :OOS PJ~: C 1: 1· mee11 d1rect1ng people to the :. aste tra1111 er station in order to ke ep the trucl.1 out of th e res ide ntta l areas. \Ir Fish said o.k. Chatr Ble,le asked ti t ~ere "ere an\ iun·1er questions There ,-.,:re not. I le thanl.ed \Is. l,.1rk ior her te1t irnon1 \Ir . Greg Ta~ oi t'ie ,a1, mm oi Greer.berg Traung, "as I\\Om rn. He stated he represents
All ReC)cling South i11 this matter . He sa id they apprec ia te the opportu .. ity to be hea rd and
expects his comments lo be fairly brief. He noted he also had a short shde presentation. He
introduced Mr. Ed Dolan who is President of All Recycling North. "hich is a transfer station
north oi Engle1,ood 111 Adams County. Ed ha s ten yea rs of expe ri ence opera ting a transfer
station and is e,pec ted to be the one to operate the Engle"ood facility \\e are discussing
tonight.
,\,\r . Tan stated this projec t has bee n a long time in the making. We frrs t approached the
Oe,elopment Re,ie-, Team back in September of 2007 to get their preliminary comments
on the project. Srnce that time we have con tinued our discussions with rn divid ual mem bers
of the tea m. \Ve have had meetings with Aud ra Kirk in zoning, Ladd Ves try in traffic and
Larr\ 1'immo In engineering. The purpose \\as to get their feedback and to put toge ther a
proposal that they could be comfortable ,,ith and that they would be comfortable in
recommending fo r your app roval. As you have hea rd tonigh t, Staff has recom mended
approval ior the proposal and "e belie,e that this is at least in part due to the time and the
though tful cons1deration that "e have pu t mto the proposal. The projec t docs meet the
Englewood Mur,ici pal Code requireme nts for ap proval of a Cond itional Use.
He stated he \\OUld briefly summarize what the use is we are talking abou t to clarify an\
misconcep ti ons tha t may be out th ere. We are proposing a transfe r sta tion. This Is
completely differen t from a landfill. The purpose of a transfer station is to provide a
destination for drop oi1 of solid waste. After it is dropped off ii is gathered and placed in
transfer trucks and transported to the landfill, which is the pe rman ent des tination. This
means that th• waste doesn't stay on si te for more than a maller of hours and by state la"
"ill not be on site for more than 24 hours. In addmon. it's important 10 point out tha t the
tramfer stJ~on will not accept any hazardous" aste or any liquid waste
-\t this time ,\'r Tan began his slrde presentation. He pointed out the subject property on a
cop1 of the Englewood zoning map. He noted the area 10 the east of the proposed project
is in Dem er and that too is an industria l area The neighbor to the eas, Is the Excel
Ar,1, ahoe CoJI Fired Po\\er Pla nt.
In order to earn app ro,al the proposal has to sa tisfy the crite ria set forth in the Englewood
Murnctpal Code As S:aff has poin ted out our application does satisfy the cri teria set for this
in t11e En3le1,ood .\ilun1cipal Code It is consistent wtth the Comprehensi,e Plan, promotes
• the health, safety and we lfare of the comm uni ty and it will not ca use significan t adverse
P :..'l.rH"'; 1.·.! ;" ..... 1:• C-.,;:::"" u.:.:-.. P .. ?>h ... ltrn;r.i) C.1.~c •' SE: "~-o:~ -c-.J C, r.1 :-..:wr. ,., r-•e •:•X.. ·-l I C .tobc': ~ I. :1JJ~ P!~cb :·l" 1r1pacts to the surrounding neig:ibor'lood He sa:d he "ould 11~~ to briell, touch on some ci the ia,·rv$ tha t \\O uld support the Commission's fi ndings The1 are 1. Nece ssary service. A transfer station will pro1 ide a nccessar1 se;vir~ t . the C11\ oi Engte,-ood . A tramier station provides a local des t1na11on for the collectors of 1-.aste to drop oii the \\JSle. It eliminates the need to tra,el long distances to dispose of 11 1,'t,matel\ m a landf,11. Curren tly, Englewood ha s one transfer stati on. This iacil ity will add an
additional disposal option bo th ior the general public and for commercial" aste haulers
2. Redevelopment. This p roject ~ntails pretty sig11ificant redevelopment
cf this property. Currently the property is more or less dormant. There is so me sto rage oi
au tos and salvage ma terials on the site and part oi this project the s,te will be rede1 eloped
hterally fr o m the ground up. It '"II be regraded, rep aved, a new sol id pe rime ter fence will
b: Ins talled around the si te, several old buildings \\ill be taken ou t and a brand ne"A transfer
build ing v. ill be const ruc ted. All of these in1p r01·ements will increase both the aesthetics
and the actu al value of •'ie propert,•.
3. Revenue. The Engle\\ood Municipal Code contains a surcharge for
v.aste disposed of at a tra ,1sfer stallon of 20 cents per cubic yard. Based on ou r estimate s of
the vo lume tha t will b~ processed at this iacihty 11e estimate the tipping fee \\ill generate
S200,000 to $300,000 in reve nues for the City an nu all y,
4 Jobs. All recycling expects to hire 15 to 20 employees in connection
wi th the opera tio n of this facil ity.
5. Traffic. Traii,c is certainly an 1mract we need to add ress. We a re
looking at whether the proposed use "ill cause a significantly greater impact than a use-by-
right. \Vha t Staff has iou nd and \\ ha t we have found is tha t that is no t the case with this
facility \\'e are aware there i a resid ,.ntial area a couple blocks to the west and as Staff
pom ted out "e will be req uiring our customers to avoid Zuni and Tejo11 Streets in thosP
residential areas and to hmit their ingress and egress to and from the City to the industria1
zoned area streets,
6. Building Heights and Bulk , A new 15,000 sq uare foot transfer
building 1, ill be constructed on the site. It will be approximately 2 5 to 30 feet in height,
metal beam construc tion, and "Ill have 111etal roofing. Basically. from the outside it will
appear as a ,,arehouse. This is in line \\1th the character of the neighborhood.
i . Screening, loading, Traffic Circulatio n. V\'e \\ill also be constructing
a solid perimner ience around the facil it), All of the operations and traffic circulation ,-.ill
be within the site and screened from , iew.
8. Noise, Light, Glare, Du st. There will be some operational noise as a
resJlt of the operauons. The processing 01 the '>aste \\ill occur 11nhrn the transfe r builclmg.
V\ e don 't anticipate an e,ccs sive amoun t of noise and cer tain!) not more tf-ian would be
appropriate in an industrial area The cmire site will be paved and swept da:1y and do 1101
anticipate dust will be an issue
9. histing Infrastructure. The re rsn't a whole lot of dema11d for
lnf,astru ctu re, there is not a lo t of 1,ater, eners, or \\aste \\ater demand from this use. We
do n't antic ipa te any impact on schoo ls or housing or on other go, emmental scrvires
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P .r.nin; .1nd z~,r.1:i; Cor.1rr.1~J: ~ PJ",hc H.:.1nni1 (;\e•LSE:oo.,.01 1.1r..!Cor.t.r .. J' :1~iC~e •:1X., I ·,)"'c:: :!1 :~3 P.;~·ofl . 10. Parking. The parking requirement is io~r spaces; 11c Me propos ing r ne \ \'e behe,e that 1·. 111 be mo•e than sufficient to co, er an\ par' 111g needs for the sit~ I summar,, "e behe1 e, as does Staff, that Lliis proposal mee:s all the requirements set io rth 111 the Municipal Code for approval of a Conditiona l L se and therefore, we re quest t'i at the Commission approve our applicalion without conditions . Mr . Tan thanked the Commission and offered to ta~e an\ questions the Commiss,0,1 might have.
,\\r. We lker asked ii he was the only one who was going to give testimo ny. Mr. Tan said yes
un less he needs assista nce with any of your questions. Mr. Welker said he had a number oi
<;uestions; some them ope•.:;,ional.
,\Ir. Ed Dolan, PresidPat of All Recycling South was sworn in.
Mr. Welker asked what "processing waste• means.
r.. Ir. Dolan said In this far,ltty the processing primarily would be to consolidate smaller loads
of waste into one larger load so it can be transported more efficiently through the City out
to a landfill . Also, at this facility we will be recycling metals. We will be using equipment to
p'iysically remove metals from the waste stream and divert thc,m from the landfill. With a
facility such as this, and in the future depending on commo<J1ty prices, landfill costs, fuel
costs, etc. we may want to explore diverting more materials out of the waste stream
I\ 1r. Welker asked Mr. Dolan to basically go through how the waste haulers dump and from
that point how it is consolidated, recy cled and loaded onto trucks.
Mr. Dolan said commercial haulers will be coming across a truck scale to be weighed. That
" ,I determine the rate that the\· will pay. When they come in they will untarp their loaJs,
0j)en their tailgates and dump onto what we c.ill the tip, ·,g Hoor, which is inside tlie
building. A tipping flo o r is a solid concrete noor. He pointed out u,e area on a slide.
Genera l public, pick up trncks and trail ers will be segregated !11 another area Some sc t of
physical barrier will be constructed so that they are not dumping \\here the comniPrcial
haulers are dumping. Once the load has been dumped onto the Upping Hoer some type 01
grapple n,achine, such as the one we use at our facil ity in Adams County, will remove
me tals 10 be recycled . After that a loader will push the waste to a loading area and dump It
o, er the top of sem,-lra,lers.
~•.r. \\'el~er asked if they crush the Y.asle . Mr , Dolan said ,twill depend 011 the mi~ture oi
the loads. We need to be conscious of not putting too much weight into the trailers . We do
use grapples 10 tap the waste down at our otlie r facility, but that is not Jlways needed. Ii
)Ou have a load or con,rete or asphah you may not even "ant to load the trailer 100% full .
P .:::.. ; .. r.J 2 ,r:,.n1 C\ln.:r.tu:.ln P • ..,i:.;H::~~; c .. ~ •l'SE:,,;.t. ,-01: .l."".i! r: vt...•·,1e ·'CH! •:oc .. ,11 c. ·l,,, )1, ::x,, P.;:! : 1· \'r \\el~~r s,11d ot!-ier t'un ·,•,hat ,cu call hazardcus or l,quld "aste, 1·ou don I distin3~i1h L~t"een other things like concrete tiat can oe rcc-,cled else,,,here or road debris You bas1call1 load 11 and haul it a.,a\ \'r Dolan said a t our current fac1lit1 \\e \\ill pull out large pieces oi concrete or asphalt 11 the, can easil, be idenw1 ed One "e can a,oid pa1ing a tipping fe e and ha, e those reC) clecl ard also it saves o n th~ wear and tear of the aluminum trailers T\ picali\, "hen we
see loads of that type coming in fr om job sites 1t is alread\ broki?n up prett) small so it's
hard to identi~ it and pull it out without pulling in a full blo\\ n sorting system, , •. hich 1s
extremely e~pensive . It's not practical ,dth the "a\' "e are goi11g to be loading at this
lacilit)
Mr. Welker said so \OU are not really a high tech operation, no t processing ,ia a come1or
belt or separating the \\aste magnetically or an\ o ther processing.
/\Ir. Dolan said that was correct Mr. Welker asked if they would be us ing the railroad . Mr.
Dolan said no they v. ould not be.
,\\r, We lker asked if the facility is continually supe" ised so that somebody doesn't slip in
some liquid or haza rdous waste.
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Mr. Dolan said absolute ly. The equipment operators are trained to identif) not allowed •
\\aste or potentially not allowed waste. Depending on the \'Olume "e are accepting at the
time \\e ma) employ ~potters, who are also trained. An example would bi:, 55 gallo n dru ms
that are sealed up. They would be segregated. Batteries are another item that would be
remov1:d. \ \'e would ha, e the customer take il to the proper disposal site or if that's not
possible we will do it oursel, es. Our commercial customers that are supplying the vast
majorlty ol the \\aste ~!ream sign agreements as to what we will take. Every single load that
comes in, when they ~ign their .,•eight ti cke t, th ere is a statement on there stating the) are
not br:nging those non allowed was tes in and ii the1' are they are either responsible to
reM0\ c it o r for th~ expense t::i remo, e it. At our other facility In Adams County the
commercial haulers are actually getting these types of agreements signed with their
cus tomers that are iiillng their containers. The\ are tr, 1ng to stop those types ol wastes
before they get into their conta:ners and true~;.
/\Ir Welke· sa id the supervi!;on 1ou r~,pond to is personnel, not remote cameras. Mr
Dolan said no. we want actual people ,isuall), inspecting the loads. 1'\r. Welker said he is
more concerned when the waste is bc:ng unloaded. He asked ,i Mr. Dolan has any concep t
oh, h,1t tne frequency of the o, er the roaci vehicles will be that you "ill take a\\ ay from the
1ac,l11\ per day. Mr. Dolan said approximate !)• 50 outgoing loads per day, Mr. Welke r asked
\\hat landfill "ill be used. Mr. Dolan said most hkely all v,aste "ill go to Allied's Tower
landfill b1 DI.._, Mr. Welke r sa id you talk about hours ol operati on of approximately 12
hours a day five days a week with a partia l dav on Saturday; I am 3ssuming tha t is to •
accejlt \\Jste He noted there 11 a requ est in the write-up that is requesbng no condition,
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P .i:, _ .r.J. ;;tnJ l'om,'"' \\! n p "'I 11.:J•·n.!, C ... -e •• st:" ~ -0:: ;:i:-J C :-:r.• ,-•: ,-. • C 1 ! •1,i•J • U O.w.',cr:t :1 , P .. ;: 9 Jf ,~ o,, hours oi operJ1·on H,, SJ d re 1s r1 0r~ con(erni:d about t ui hours ,ou acce1 , \\JSle a:1d \,h-,11, ,u haul 11 a .•.J1, nvl •,•.hen 1ou ma, "ork 011->He He \\JS retkent abol.t h.11ing a1 open-eo,d guJ, J•·:ee t'i ere .,on t be a cond1t1on Jdded. He h,1d co ,irems abou1 a rounrl 11'.e clock operation ,\'r \.\el~er said he realizes t~e b1.Jdmg has to be relathcly open to get big trucks in. but he is concerned about .,md and ,,at-:>r e~()osure and trash being blo"n and ,,.ashed away. He
asked if the re has bee,, an;• concern in this regard at other fJciliues. \tr. \\'elker stated he 1s
fam1hJr \\llh the prescnr [nglewood fJcili1y. 1-\r. Dolan said the design is similar to the
present Engle11 ood fa,;;,:,, the facility "e o» n and operate in Adams County and th e one
Waste M,tnagement opE •ates 111 Commerce City We "ill be dumping inside the facility and
the waste \\ ill be protected from mos ! precipi tation. II would take a tremendous amount of
rain or \\.lier to saturate the "aste and not hold it.
Mr. Welker asked Mr. Dolan rs they were processing mostly dr, material. Mr. Dolan said
that was correct Mr. Welker asked if Mr. Dolan had any Idea of what their ser1 ice area
would be. Mr Dolan said appro~ima1e:1 a ten mile radius. Mr . Welker asked if there is any
fire suppression in the building its"lf should something spill or a fire occur. Mr. Dolan sa 1d
there are h\ drants in the st re et on the north side of the bu il ding and All Recycling\\ ill have
the appropriate amount of extmgurshers, but we a,? not going to be training our employees
10 be firefighters. He stated at some time there \•i?I be a fire .... somebody will put their hot
coah irom the grill mlO the trash a,~d when it hits the floor ii may ignite. They ha\e the
necessary heJ\", equipment to be able to isolate that from the res t of the trash pile so that It
doesn't spread. Mr. \ Velker said your process woJld oe more to isolate rt and then have the
fire department put ii out Mr. Dola11 s,1id that was correct. He said 111 the past six years th~
North \\Jsh111g1on Fire Department has respo nded 10 Ollr north faci lity once or twice and
the\' \\ere both \ el) minor incidences
Mr. Welker said he is concerned abo ut ground \\Oler contamination. He asl..ed if All
Recycling is going to contain virtually everything you would wash down on the site-Mr
Dol,111 sJid ves. He pointed ou t the storm waler containment areas on the map. He said
lhev do plan on complying \I ilh all the C1t1's regulations regarding storm water. ,\.Ir Welker
asked ii the build out that will be done 111111ally is basically all that would be done 011 the site
or do you foresee any e\pansion oi building size or capacity, Mr. Dolan said the on ly th ing
he cou ld possibl\' see changing is part of the use of the building\\ e're proposing 10 build in
order to aci::ommodate more req cling, There shou ldn't be a need for a bigger facility Mr
\\'elk~, asked if the buildmg located on the south side of the sile Is for offices. Mr Dolan
said 1·e1. thJt's correct. That is an existing building we ,1111 retain. We \, ill als o be doing
mainte11Jnce of equipment th ere.
Mr Briel,, asked if All Rec\chng South will require all incoming loads be co,ered. Mr. Dolan
s~1d 1hc1· yes thc11 will be. Rates are doubled for any loads 1101 co,ered All commercial
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cus1omers "ill be required 10 cover lo,1d s in their serv ice agreement .
P.'.'":-;-;.i:1..!ZJr..:i;r :rn • n r,, .. H:.r ,;, C.::•L'Sf:\l ... '" ~r...!C.z-·• ;-: 13l(_e •:OC"1·,I Oc;tJti,·:-11 :ut1 .. P.c: ,f 1· . \Ir Ising as~ed 1· the•'· a·• a,·. curr~"• PmirormentJI issues on the site t',Jt 1he1 need to r ,rnga te , Ir DcLrn said re is net J\\ Jre ci a111 \tr. Welker asked 1i an asses,ment has be?,1 do1'.e ~" 1 ,e ; te. \\r Dolan sJ1cl he b,•lie\'ed a Phase I \\JS done \\hen it \\a; purchased. He sa •d r~ I\JS net ,moheJ m the pu,chase process and \\Ould ha1e to check "ith the m,ners ,\\• \\ eiker said he ,,ould ask the C11y that perhaps they should b~ informed of any prob', ·ms
Mr. Fi;h asked f',M Dol an about the los1 of matr-rials both coming to and from the iac1ht)
Ho\\ do \OU keep matena!s on the trucks lea,,,• t11e facilit1•I Mr. Dolan said all the srm1
loads are tarped. It's all done mecha111cally, Tl 1er thing we do is \\hen the truck is
finished loading it pulls up next to soiiolding an~ ! drivers go up and clean ofi the entire
top of the trailer There's about a 6 inch hp ; •:,d the top where small debris can
accumula te. Mr. Fis h said in 1our traffic anal\ sis . .:.u talked about the primary times at
1,hich your customers would be coming in woul,. b" between the two rush hours. Ho"
does that work! ,\Ir. Dolan said it is somewhat thoul. , design by tl1e hauling companies.
They want to be out on the arterial roads during the non-rush hour times . Most
municipalities now don't allm, for collection to happen until i a.m . By the time they fill the
vehicle il ,s mid-morning . The} ma\' go out and fill it again "ith the intention of getting
those trucks back in their yard around 4. \Ve can see customers at 4:30 or 5 in the
morning ... sometimes the1 have loaded the ir truck the day before and rather than drile
through rush hour the\ will park the \ehicle and come in early in the morning. Mr . fish said
your facility 1s open 12 1/i hours a day, !i:.t \OU are receiving m,1terials during this
concentrated period a'ld the rest oi the trne the\ are sorting and process ing. He asked
.vhen their vehicles "ou\d be leaving. 'vii ;)olan said they will be lea,ing pretty even!\
throughout the day. Mr Fish said you mention,,d in your report that If there is problem 1,ith
odor. a misting odor abatement system will be ;,,stalled If there are problems within the
neighborhood do \OU ha1e a process in place to take that ieedback from whatever source.
Ho\\ do you determine If there 1s a problem or not? Mr. Dola n said at their current faciht1
in Adams County "e kno1, our neighbors and it has been se,·eral years since anyone h,is
come to him "ith any concerns. but we have an open door facility. \Ve need to be good
neighbors to those around us There "ill be management there and the 01, ners are located
right across the Street \\ e also "ill be respomib le to the City: ii the City recei\l?S
complaint> "e "ill need to clear up those issues quickl1 . He said it is their intc11tion to
invest millions oi dollar; into th:s faciht\ 1,1th the intention or runni11g for J l011g time . VVc
unc.erstand the 0 111\ ''-JY that 1s going to h.1ppe11 1s ii "e are good neighbors to all in
Engle\\ood
Chair Bleill? as~ed ho., All Rec;clrng's rates foll into line "ith the currl!nt facility in
Englewood. Mr Do\Jn said the\ ha, e not been set but '"" be compctit11 e. Our current
facilit1 ls a little cheape• than \ Vaste Management up north.
Mr \\ elker asked 1i there are an\ other f,1cillties 1,ilh111 li~e miles or \\'aste Management's
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current facilil} on this pa·t oi the Citv. ,\Ir. Dol,111 SJ1d there is not. •
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P -'"':".ir; J:...! Z.XU::; Co :n.i-.:HiCln P.•'.: 11:::-.:-;, C ... ·:•lSE:OOS-O l:.:.~C ~w-........ noiC.:.\~•:or:-:I 0. ·,ocr: I :OOS P,;, llofl • ,\\r Ro th said one of the stat emen ts mane in 1our pJcket \\JS that the number of vehicle t ps per da1 does not exceed the trai'1c generation be\ond \,hat would be generated in a u;e-bHight HO\\ did \OU determine 1•.hat a use-bi-right number ,,ould be? .\Ir Tan said b1 us~b,-right we mean uses t'1at are allo\,ed in the 1-2 zone that don l need any l\,pe of appro,al in order to operate. There is a hst of uses-by-right and some standard traii1c g!:-neration tables that \\e used 10 ma~e that conclusion. o\lr. Fish noted 11 is in Appendix B oi the packet
,'v\r. Roth said exi t and entry routes have been se t up. He said although it is a very small
volume making the left hand turn jff of Rar it an onto wes t bound E, ans, I'm guessing a
truck driver wlll make that once before he looks for an alternate route. He stated he also
has experience with the other facilitv in Englewood and in doing river clean ups just west of
the faciloty theri! was a great deal of material that exited their site It t1ok several of ui all
da1 in that section How will 1·our P'Ocess eliminate some of that? Mr. Dolan said !he
design oi the building should help protect the facility from wind mo re than the Waste
Management facility's currently does. Beyond that, some paper is going to leave the
proper ty. In our curren t facility we emplo1• full time trash pickers who riatrol the inside
property and the surrounding two block area. Also, "e will have solid fenc ng that will he lp
prevent small pieces from ge tting through.
o\lr. Brick asked II All ReC\ cling is committing to policing a two block area surrounding the
Englewood fac1ht\ Mr Dolan said yes
Mr. Welker Jsked 1i the business is regulated or monitored .... do you have ,1 business license
from the state/ Mr. Dolan said no, there is no 1:cense from the state, but there are so lid
\',aste 1 °guliltions that the state has . We have touched on a few already such as was te
needs to l)e ren>~vcd within a 24 hour period and to create a separate dumping area for
tie public us opposed to the commerci,ll dumping \ ehicles. \Ve are subject to state
inspections. He st.,ted he has never harl the pleasure of a state comp1aint or had them
come to the /aciloty other than when It opened and thev came to see it.
,v,. Welker said he has a iollo\\•Ur, question 10, the City on the same issue. What 1s the
Cir-, ·s monitoring process for coll!cting complaints and deahng with iss;esl Ms. Kirk said
the Conditional Use Is good for a period of one 1•ear and during that period if \1 e do
recei, e complaints the Community Developme nt office will keep track of them . If th e re are
complaints Staff wil l review that when the year is up and their review 1s due. ,\Ir. \\'elker
asked if there is an annual redew every \eJr Ms. Kirk said 1es.
Chair Bleile askE:d ii there \1ere anv futher questions . There" ere none
PL;BUC TESTl.\10NY
Mr. lohn Hanser, w~s sworn in. Mr. Hanson said he has a sign comp,, 1y 011 the corner of
Har\ Jrd and Rarlt,111. In the pas~ during the winter nionths when we have a good
P:..r:r..nJ ltct ~w-.i Co~~.ih'OCl P ... ~'..~ 'lt.r.-:.p Cu::• ~·sE::OOS·O;~ .. rCCr:.•.ni..t .. c· C;.,: •:1.11'.•~·l I Oc:tob•:r ~ I . 100& PJi! ~o(I' sno,,slorm that stretch 01 road \\here rt lool..s hke 1ou plan on bnngtn~ \our tru cks out ,,Ill generally be snow co,ered and is untouched 61 th e Cit\. He asked ii 1here 1Vere an1 plJtlS to :!eal with tha1 by All ReC\chng or the Ctl\ \1s . Reid informed ,\\r. Hanson 1hat during a hearing the public can pose rhetori cal questions for the Corrm,ssion and the\ mav discuss or ask questions later, it is not a c;uestion and answer forum. ii.Ir. Hanson said o.k. He said the road issue may be sometiing
vou might wan 1 lo comider. He said he would no t want one of the trash lrucks lo slide into
one of his employee's ,ehicles.
Mr. Brick said he would 1hink that would be a concern to the wasle haulers as well. He said
he doubted there "ill be any changes from the City.
Mr. Hansor1 said he was more interested to know whal exactly was gol ng on and all of his
questions had been answered.
Chair Bleile asked if anyone else ,,ished to speak. There was no one.
Fish moved:
Knoth seconded : THE PUBLIC HEARING ON CASE #USE2008·012 BE CLOSED
AYES:
NAYS.
ABSTA IN:
ABSENT:
BleilP, Brick. Knoth, Roth, Welker, King. Calonder, foh, Krieger
/\one
None
i':one
Motion carried.
Chair Bleile asked if there was an1 discussion or comments
Mr. Brick said other than the public tPSlimony regarding th .. t one stretch of street he saw
no public objection at the hearing and believes the information we were gi\en more than
adequately shows that this use fits the Comprehensive Plan and also it's an opportunity to
Improve that area. He said he is a ltttle bit concerned about odor and agrees whh Mr. Roth
regarding the safety of turning \ehides off of Raritan. Other than that this is an opportunity
to create nel\ jobs and pro\ rde an opportunity for some competition in an area thal has
been closed to competition for a long time.
Chatr Bleile shared the same sentiments
Mr. Welker said he asked a lot of questions and receiverl pretty good answers to them
,v1thtn the realm of what has been worked out. The fact that the company operates another
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facilrty in the metro areas basically says they have encounte red most of the problems we •
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P,,1:·"·-·1 :ar.~ 20:-:1~1 Cc~ll\J\l'lln P.,,,.11,.r·11 Cuc •LSE:OOs-01: Qr.~ Cor.1.--;.;JU1.;r: }I C;h( .:1:.0~-t I Qc-: ... c~ 21 ZOOS P,,, P of 1· "ill 'me. The company seems equipped 10 deal ,\Ith issues that 111igh t come up and seem commi tt~d to being a good ci tizen. Mr Fish said there is bound to be an impact on traffic 111 de\eloping the area. but ,s an approp riate use for that area. The traffic stud1 Indicates it ,s a reasonable amount Mr. Welker said he (eels the road system in that area is capable of directing the trafi1c and
111 the couple of places where there ma y be a leit turn problem onto Evans the\ can use
Te jon where there Is a light. Mr King no ted Ran tan is a lightly traveled stieet.
Chair Bleile said the only mmor flag that caught 1 1s eye ,s that the appli ca tion stated no
conditions. Mr. King said you ha,e to co nsider '""· the landfills are only open du ring
daylight hours and who Is going to be bringing loads in during the night. Mr. Welker noted
All Recycling can monitor the ir delivery hours that they accept waste He said he didn't
believe that there is going to be any noise that will bother anyone because they are quite a
wa ys away from any resident ial. Mr Roth no ted they also will be located next to the powt:r
plat
Welker moved.
Brick seconded: CASE #USE2008-0l2, co-.:D/TIONAL USE PERMIT FOR A
SOLID WASTE TRANSFER STATION IN AN /-2 DISTRICT AT
1607 WEST HARVARD AVENU E, BE RECOMMENDED FOR
APPROVAL TO CITY COUNCIL WITH A FAVORABLE
RECOM'-'fENDAT/O/\! FOR ADOPTION.
Ther e being no further comments Chair Bleile called for a vote.
AYES:
NAYS:
ABST-\11\
ABSE-S:T:
Bleile, Brick, Knoth, Roth, Welker, King. Cale nder, Kri ege r, Fish
None
None
None
Motion carried
At this um? all public departed
~ CONTIN UATIO N OF CASE #2006· 11 -AMENDM ENTS TO TITL E 16 RELATED TO
HARD SURFACE AND COMMERCIAL VEHICLE WU GHT
Knoth mo'✓ed:
Kr ieger seconded. THE PUBLIC HEARING ON CASE #2008-11 BE REOPENED
AHS:
NAYS
Blei le, Brick, Knoth, Roth, Welker, King. Calender. ~,.:,, Krieger
,,one
P!.i,."ln,:,; .r"1 l r .. r.; C --;.h, ~ P. ... ~il( lfr.J1"'' C.u~ •l Sf_:or,,.Qi~ Jr . .! Cvr.•:r ... .l!t .. o'C ,;io: 11:0(-.;.1: Cx:ol::1-:r ~ I :O<)S P.i~cl-L uil-ABST "" ,one ABSE:--. T. '-oce Moti on carried. Senior Planner, Tricia Langon, \\JS s•.,orn 1n StJted for tlie Commission's consideration 1h11 evening 1s CASE ;:2008-1 t from September 16, 2008 for proposed Amendm_nts to the
L•nified Oe\elopmen1 Code l, DC) of 1'ie Engle\,ood \lumcipal Code per1a1111ng to Hard
Surface and Maximum \Ve,ghl oi Ccmmercial Vehicles 111 Res,denual D,stncts. Pre\ 1ousl) at
the September 16, 2008 hearing proof of publication of the Public Hearing" as submitted.
Thal publication was in the Eng/e...,ood Herald on August 29, 2008. The Staff Report was
also submitted. The request before the Commission is to review, take public testimony and
forward to City Council a recommendauon for appro\'al of the proposed Amendments
Two topics are addressed in this UDC amendment proposal:
( l ) Maximum "eight of a commercial veh icl e al lowed to be par~ed on residential
property. This proposed amendment to l 6-5-4.D2c( 1) modifies the maximum weight of a
commercial vehicle stored on property zoned residential from 6,000 pounds to 7,000
pounds. There are three purposes for this Amendment: ( l) for Municipal Code consistency,
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Chapter 6: Vehicles oi Title 11 · Public Ways and Property has multiple references to that •
7,000 pound limit and the traffic di\ision regulat ions are based on the 7,000 pound ,,eight
limi~ (2) to simplify enforcement of regulations and (3) conservation of resources since th~
traffic signs il1 the Gty already use the 7,000 pound limit.
(2, The second area deals with Hard Surface and they are abo made in the interest
of Englewood Municipal Code consistency. Title 16 is the area that the Planning
Commission is considering and Amendments to Title 16 are accompanied by amendmen ts
to Titles 11 and 1 5 They are designed to use the same te,ms throughout the Municipal
Code (or Hard Surface as related to parking areas.
EJch of Titles 11, 15 and 16 uses very similar. bi..t not the same language to discuss park111g
surface, so there are different interpretations ~nd eniorcement problems Title 16 (zoning)
says that no gra,el material is allo\\'ed for dri\'!Wa) surface. Tttlc 15 Health and Sanitation)
sa~s that gravel is an apprO\ed mat~rial, \,hich creates an eniorcement issue.
The three proposed amendments in th e UDC are 111 Sections:
16-6--l.O .: Off-Street parking and Loadmg Requirements
2. 16-6-10 B.5.d 4): Residential Drive\,avs and parking Pads \\lthin the From
Yard or Setback Area.
3. 16-11-:!: Defrnlt 1on of Words, Terms, and phrases. •
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11 .i:, .. •~, Jr.d /,,rW''lf C'om:n1n1 Jn Pihl" 11,.,,011 Ca,.•l F~00'-05!.irJCcm.n .1-. c cJC;n:•:r>C~ !t o.:. '°'el ~I :1)1 r .. ;! 11,,r 11 In 1hoso? three S •c li ons oi Tule 16 and in the anous sections of Titles I I dnd 15 throughou1 the \lum c1pal Coo~ ·he mm •Hard Surface· \ill mean a durable surface oi concrete, asphalt, brick. pa.,m or sim:la• alternate materials appro\ed by the Gt The mtent 1s tha t dri\ e-wa • an d pat~t"g suriace s throughout the C1tv would be hard surface so tha t they are durable, 1\ill not eas ily erode, \ill no1 readi ~· deteriorate or sprea d mat,.r ial in 10 the pu bhc I\J • This mendment also prohibits dirl gra\ el. and grasscrete surfaces for parking areas.
The purpose of all the Am<?n ci ment, 11 for consistent) throughout all Title~ in the
Englewood Municipal Code.
,\Is, Langon offered to answer an~ questions.
Mr. King noted In the Staff Report ii was noted the Public Hearing was opened on
September 17, 2007, it should be 2008,
Fish moved :
Kno1h seconded: THE PUBLIC HEARING ON CASE #2008-11 BE CLOSED
AYES :
AYS:
ABSTAI, :
ABSEl\'T:
Bleile, Brick, Knoth, Roth, Weiker, King. Calonder, Fish, Krieger
None
None
None
Mo1lon carried.
Mr . Knoth moved:
Mr. Roth seC'Onded: CASE ~2008-11 HARD SURFACE A D C0\1MERCIAL
VEHICLE WEIGHT Ai\.1ENOMEl\'TS TO TITLE 16 U 'IFIED
DEVELOP\IENT CODE BE RECO IME OED FOR APPROVAL
TO CITY COUNCIL \VlTH A FAVORABLE
RECO\,I,\\:, 0-\TIO, FOR ADOPTION .
, Ir. Br ick said he belie\'es the Amendment promotes the cleanliness of residen11al
ne ighb orho ods and also the integrity of the res idential neighborhood making sure 11 is easy
to enforce where there is abuse b1 commercia l vehicles .
Mr. "m g stated he would ~ote } es \\ ith the general understanding that Staff pursue the
dennilion of "commercial veh icle " in the future ,
AYES :
NAYS :
ABSTAI
ABS[NT .
Brid , Knoth , Roth , King, Krieger, Fish, Ca londe r, Blei le, We lker
None
None
None
P:::.r.~:~; •. J l1,r.•-; C.:::r.;:l\., .. PuM1: Hi::r.~.!, C~••sr:-~:-0::.i.!"d (or:' .. .nt rolCJ,:•:iJ1Jt.1t O..t.1l,\!! ;1 ~ens r•:~ tc, 01 l, \lotion carried. IV. PUBLIC FORUM ~ There "as no public present.
V. DIRECTOR'S CHO ICE
fl Mr. White was not present.
VI. STAFF'S CHOICE
fj) Vis. Langon noted in the meeting packet there was a mPmo re garding changes to
Board and Commission appointments. She asked the Commission to please review. Ms.
Krieger and Mr. Bleile's terms expire in February 2009 . il.t the No, ember 4" meeting we
will have applications and deadline for submittal if you wish to reapply. The deadline is
November 26•.
Future meetings include:
November 4: Priorities, Small Area Plan Update (john Vobonl) and landscape
Amendments
Mr Calender had a concern with that day being Election Day and members being late. Mr
Welker said he would like to keep tha1 meeung as short as possible. Ms. Reld said if we
have a quorum we'll move ahead and if we don't ,,e \\On'L
No,ernber 18: Landscape Amendments and Public Hearing for Planned Unit
Development Vacation for Engle"ood Estates off Quincy Avenue.
December 2: Wrap up for the year.
Dece:mber 16: The members all ..igre~d to cance l this meeting.
Ms Langon noted \\ilh all the Amendments ro the Uniform 0-?velopmcnt Code within the
last re,, months out of the 300 and some pages of the UDC more thJn half are affected by
changes. The copies of the UDC the members have now are outdated and the copy on the
web is Jlso not up to dale. She cautioned the members that if ,hey are using their UDC it is
not up to date. As soon as the changes have been codified you will be given a new copy of
the enllre code.
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P' ..nr.1!'tf .rJ 2.lr,;r J (..)ffl::\I.Ui(l:-t P1.1t-t.: H:~·"li C:i,c •L'SE:OOS-0:1.inJ Cor.m:u.:.:,nn o:' C.ui: •10'i..,·l 1 0,,;:.-1::ier 11. ~oo; P.;;: 1· of I'"' Cha ir Bleile ad ~d if an,one "ished 10 ha,e an electron ic 1ersio 111ersus a paper cop\·, Ms Krieger said \ ou can'1 bring 1iat to a meetmg. Chair Bleile sa,d he "ould much prefer II on a disk. \-Ir. Brick s,1id he 1, ould like bo1h VII. ATTORNEY'S CH OICE Q Ms Reid has nolhing further 10 rep ort .
VII I. COMM ISS IONER 'S CHOICE
Q Mr Fish asked , .. hal is happening al 1he BrO\, 11 house at S. Univer5ity and Dartmouth
Avenue.
Ms, Langon said lhe Joshua School, which 1s a schor,1 for autis 1ic chi ldren, has bough t the
property and gone through a variance. The school I~ .! use-by-righ t If the property has 200
foot of sireet fron1age. That property had 159 feet ·o they went through a variance and
public hearing and recei,ed their vari an ce for the lot width and also for the side se1back.
When 1he house was originally moved onto l,Mt property as a residential use It met the side
setbacks. As a school or a non-residential use '' ":d 1ot meet one of the side setbacks. With
those r-,o var iances they vacated all oth er v m,·, ,,; on the property, The use variance for
office use is now gone. Interior work Is currert:1 tcmg done. The number of children al the
school 1s expected to be approximately 16.
Mr. Brick asked about the property al 4915 S. Galapago or Fox, he isn't sure of the address
He said there is a condemned sign on the property
Ms. Langon said tha1 would be a building division, health and sal, 1 , 1·.r,, ,; s code issue.
She offered to look into it if Mr. Brick could provide the correct actc, ,s.
The meetin g a<ljourned a1 8,35 p.m .
t.£t~~
Barbara Krecklo1,,'Recorcl111g Secre1ary
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CITY OF ENGLEWOOD PLANN I NG AND ZONI NG COMMISS ION IN THE MA TIER OF CASE "2008-11, FINDINGS OF FACT, CONCLUSIONS ANO RECO\IMENOATIONS RELATING TO THE UNIFI ED DEVELOPMENT CODE HARO SURFACE A 'D COMMERCIAL VE HICLE\\ EIGHT AMENDMENTS
INITIATED BY:
Communil) Oe\elopmenl D epartment
1000 Englewood Parkway
En glewood, CO 80110
Commission \ \embers Present. Bleile, Krieger,
Welker, Fish
Commission \\embers Absent: .'S:one
FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION
loader, Brick. King. Knoth, Roth,
This matter ".1s heard before the City Planning ano :. <1i•1• Commission on Sep tember 16,
2008 and October 2 I. 2008 in ti,e Gty Council Chamuc , of the Englewood Ci\ic Center .
Tesumon\ \\as received from staff. The Commission recei\-ed nohcc of Public Hearing. the
Sl aff Repor~ and a copy of the proposed amendments to Title 16 Unified Development
Code which" ere 111corpora1Pd into and made a part of the record of the Public H earing.
A fter cons1de, ing the st atements of the witness, and re,11!\\ ing the pertinent documrnts,
the members of the City Planning and Zoning Commission made the following Findings
and Conclusions.
FINDINGS OF FACT
THAT the Pub~c Hearing .-in the Lnified DI!\ elopment Code Hard Surface and
fommercial Vehicle Weight Amendments \\as brought before the Planning
Comnussion by the Department 01 Community De\ elopment, a department of the
Citv of Engle,•.ood
2 THAT notice of the l'ulll :::: fl ~ring \\JS published in ,i,., fnglewood Herald on
·\ugusl ~9. :?008.
3. THAT the Sl aff report 1, as made pa, of 1he record .
4 THAT the L ,1if1ed De, elop111e11t Code "as ,1dopted 111 W04 and 11 was the first major re,"1te of the zo111ng a11d subdi\lsion regula tions in 01 er 20 \ ears. 5. THAT because oi the size of the L 'nified De, elopment Code, small o, ersights and errors \\ere ine, itable and would be addressed through updaung amendments. 6 THAT the amendments are designed to correct omissions a11d provide c!arity to exming regulations.
i, THAT the amendments are designed 10 provide consistenc)' to Titles 11, l 5 and 16
of the Engl"'' ood Municipal Code.
8. THAT the amendments to the UDC, previously reviewed at Study Session, were
presented
I.
2.
CO NC LUS IONS
THAT the Public Hearing 011 the Unified Development Code Hard Surface and
Commercial Vehicle Weight Amendments was brought before the Planning
Commission by the Department of Community Development, a department of the
City of Englewood.
THAT notice of the Public Hearing was published in the Englewood Herald 011
August 29, 1008.
3. THAT the Unified Development Code was adopted in 2004 and ii was the firs t
major rewrite of th'! zoning and subdivision regulations in 20 years.
4. THAT because of rn e size of the Unified D,evelopment Code, small oversigh ts and
errors were inevit:.ble and \\Ould be addressed through updating amendments.
5. THAT the amendments arc designed to correct om issions a11d provide clarity tc,
existing regulations.
6. THAT the amendments are designed 10 pro, ide consistency to Titles 11, 15 and 16
of the Englewood Municipal Code.
7. THAT the previo usly discussed amendments were forwarded t.::> City Cou,1cll.
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DECISION THEREFORE , it is the decision oi the C11y Plann111g and Zoning Commission that Case ~2006-11 Unified De, elopment Codt Hard Surface and Commercial Vehicle Weight Ame ndmen ts should be referred to the City Council with a fa, orabl e recommendat ion.
The decision was reached upon a vote on a mo tion made at the meeting of the City
Planning and Zoning Commission on October 21 , 2008, by Mr. Kno th, seconded by Mr.
Roth, which motion states:
AYES
NAYS:
ABSTA IN:
ABSENT:
CASE #2008, 11. HARD SURFACE ,\NO COMMERCIAL VEHICLE WEIGHT
AMENDMENTS TO TITLE 16: UNIF,r.D DEVELOPMENT CODE OF THE
ENGLEWOOD MUNICIPAL CODE BE RECOMMENDED FOR APPROVAL
TO CITY COU:-.ICIL WITH A FAVORABLE RECOMMENDATION FO R
ADOPTION.
Bleile, Brick, Knoth, Roth, \ Velke r, King, Ca londe r, Krie ger, Fish
None
/\one
None
Motion camed.
These r 1dings Jnd Conclusions are effective as of the meeting on O ctober 2 1, 2008 .
BY ORDER OF THE CITY PLANN ING & ZONING COMMISSION
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ORDINA:-.ICE NO. SERIES OF 2008 IW AUTHORITY COUNCIL BILL NO . 79 IXTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 6, SECTION 2; TITLE IS, CHAPTER
I. SECTION 2; AND TITLE 16. CHAPTERS 5, 6 AND 11. OF THE ENG LEWOOD
MUNICIPAL CODE 2000, REGARDING HARD SURFACE ST ANDA RDS AND
COMMERCIAL VEHICLE WEIGHT.
WHEREAS, 1he Englewood Municipal Code con1a1ns sc\'cral references 10 lhc maximum
""eigh1 of cornmercial , .. hiclcs rclauve 10 "here 1hey may be parked; and
WHEREAS, all references in lhe EnglC\\ood Municipal Code except 16-5-4(D)(2)(c)(I) use a
ma."mum wc1gh1 limit of7.000 pounds: and
WHEREAS, 1hc passage of the proposed Ordinance would make 1hc Code con, is1er :, case
cnforcemcnl and conserve resources since the 1rnffic signs already refer to lhc 7,000 po•md limil;
and
WHEREAS, =1ly each Tille use• s1milW' but mcon:;i~lcnl l~nguagc 10 di 1.-s p;:rk:ing
surfaces. including allowed ma1<rials "hich cn:a1es inlcrpretation and cnforcerncnl CllnOicts among
the three Tnlcs: and
WHEREAS, 1he proposed amcndrncnls coordma1c the •Jefimuon of hard surface and i1s usage in
the Englewood Municipa l Code: a nd
WHEREAS, the Englewood Planning and Zoning Commission held public hearings on
September 16 and Ocrober 21, 2008, regarding 1he Title 16 amcndmenu anJ recommended
forwarding 1he proposed amendments 10 City Council:
NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COU!\Cll OF wE CITY Of
E:SGLEWOOD, COLORADO, AS FOi LOWS :
~-The Ci1y Council of 1hc Ci1y of l:nglewood, Colorado hereby nu,horizcs amending
Ti1le 11. Chapter 6, Scc1ion 2, Subsc'Clion (C), Pnmgraph 2, of the Englewood Municipal Code
2000. 10 read as follows:
11 -6-2: Parking/Storage Rqiul1ti oos fo r Rtsl denti1l Distrim.
A. h shall be unlawful for any pcrwn to store a vehicle designed and used for rccrca1ion
purposes, mcludmg. bu1 no1 limned to, one or more molor homes, boats. campers, trailers
used for carrying boats, hobby or dcrclicl , chicles or racing cars, mo1orcyclcs and other
cquipmenl or mo1or vehicles upon 1he public righ1-of ,way .
l
The ,cltide ma) be parl.,-d m the ngl11-or-wa~ for no more th.in SC\"11l)•two (n) hours wnhm any one 1<·eek while being cxpcd111ously londcd or unloaded. 0 . Nn person sh:lr park the follo1< ing descnbcd, chicles oo pu' he or pn\'ate property rn rcs1den1ial areas except while making nom,al dchvenes or being used to perfonn the special opera1ions for which 1t is designed : I. Any vehic:e \\~th an empty weight ,r, excess of m·en thousand (1,000) pounds (70C.W.T.).
2. A road tractor. truck tractor or semi-trailer.
3. A lnltk constructed or adopted for the purpose of transporting or delivery or bulk
gasoline, petr0leum products, or hazardous ,ubstances or materials .
4. A 10w lruck o, au1omobile wrecker.
S. A church bus or school bus not used for school or church purposes.
C. No person shall park or store any vehicle on pm'ale property in violauon or the following
restrictions:
I . No vehkle shall be parked in such a way u 10 hlock the sidewalk or any portion of
the public sidewalk.
2. No vehicle shn II be parked in front of the front setback of the pnncipal S1ruc1ure
unless located on a a0ee,e1e. IIAelt pa"'•• asphalt 6111'r.eo, gfll'"P! er eJm ,,,,;1arly
lieisl.e~ he,r:t P.ed er ~us1 rree au,foee hard duClllJ)c surface qfconcrrtw ·:dl,
brick navcrs or similar @hcmats WAteriob eppmvs;d bv the CitY·
3. In no case shnl I more than one commercial vehicle be parked or stored on property
in any residential zone district. whether in o private garage or carport, ban oIT-
strcct parking space or in an open-space area, and the size of said corruren:ial
vehicle shall nol exceed empty vehicle weight of seven 1housand (7,000) pounds (70
C.W.T.).
4. Detached campcn shall be stored in the are.i iden1ificd ns the rear or side rard and
shall be stored on blocks or supports not more than six inches (6") in height, or 011 its
loading jacks or appan11us at their lowest limns. AJl lo.iding equipment sha,l be m
good repair.
S. No person shall occupy any vehicle in V1oln1ion or the following:
a. No motor vehicle or ,chicles shall be occupied or used for living or
housekerping or sleeping purposes or for the housing a.~d keeping of aruma!J,
except as pro,1dcd ,n subsection b below;
b. Upon the application of a resident of the City, A special penni1 may be issued
by the City for a nonrcsidenl jowncying in a rccrcatiQl1JII vehicle used for
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housekeeping purposes and who is visiting al the residence of the applicam, 10 •
occupy 1hc 1 e.;r,:a1 iona l vehicle al the applicu111's residence for not more than
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se\<'11 Pl da)'>, The sp,cc,al pcrmu ,hall specify the location of the applicant 's propcny or adjacent nghl-of-\\ay ,n \\luch th., recreational \'Chicle I\ ,II be parked while occupied This shall not be deemed 10 permit the parking or storage of a detached camper. trailer or small trailer in any public street or nght-of-way of any street desi~,na1c'<l as an ancrial or collcc1or SlrCCI. ~ The Cny Council of the C11y of Englewood. Colorado hereby authorius amending Title IS, Chapter I. Section 2, "Definitions" of the Englewood Mu11icipal Code 2000. 10 read as
follows, with unchanged dcfinitior.s;
15-1-2: Definitio ns.
Hard Surface: • 5llffaee es deAAed iR 1 fi 11 2EBJ EHC, A hard durable surface pfconcrC)C
asohah brisk AA\'m or 3imilar 11tcmatc materials annrovcd bY the CitY
~-The Cny Council of the City of Englewood, Colorodo hereby au1honzes amending
Title IS, Chapter 5, Section 4, Subsection (DX2), of the Englewood Municipal Code 2000, to
read as follows:
16-5-4: Accessory Um.
D. Prohibited Accessory Uses .
I. Prohibited in All 2.oning Districts. The following ac1ivmes shall not be regarded as
occessory 10 a principal use on any site and arc prohibited in all 7.0ning districts:
a. Use of Travel Trailer or Recreational Vehicle (RV) as a Residence. n,e u,e of a
travel trailer as a residence, permanent or temporary, with the exception of a trailer
approved as a temporary u,;c for security under Section 16-S -5 EMC, sha ll be
prohibited in all zoning hs1ricts.
b. Use or Motor Vehicl e or Trntler fo r Sales, Service. Storage. or Other Bnsiness The
use of any motor vehicle, tniler, mini -mobi le storngc container, or shipping
container as a structure in which, out of which, or from which any goods ore sold 01
stored, any sea ,ices performed. or other businesses conducted, shRII be prohibited in
nil zoning dis tricts. However. this subsec tion shall not pmhibit the folio" mg.
(I) The sale of goods or merchnndise nl n City-approved or sponsored c, en1 ; "'
(2) Use of a mo tor vehicle, trai ler, or shipping ~r storage container in connection
with :,n approved recycling operation; or
(l) Use of a trailer or shipping or slomgc contnincr in conj unc tion with construction
authorized by a valid building pennn; or
(4) Use of n trailer, shipping, or storage con1,mcr for 1~ temporary loading and
unloading or goods, provided that no inciividual trailer or container ism place
lonb'Cf than fony-cighl (48) hours .
' Prolubucd 111 Residential Zoning Districts. The folio\\ mg acth Illes shnll not be regarded as •~ce,,,,I)' "' a ro;idcntial pnnctpal u,;c anJ arc pr<>h1bned ,n nil rcs1dcnual (R) d1s1nc1> a. AutomoU\e Repair Automotl\e repair. ,ncludmg engine. body. or other repair or rcpnmtmg of more than one (I) velucle m any one time o\\11ed by a person not residing at that address. regardless of" hcthcr compcns:i11on was paid for the sel\1cc, b. Outdoor Storage of Inoperative Vehicles. The outdoor storage of inoperable vehicles shall compl) with Tnle IS EMC.
c, Par:Jng of Commen:ial Vehicles
(I) In no event shall more thnn one (I) commen:ial vehicle be stored on propeny in
any residential zone d1s1ric1, whether in a pnvate gange or carpon. m an off-
Street parking space, or in an open-space area. The size of such commercial
\'Chicles shall not exceed vehicle weight of sill~ thousand~ !la
pounds <60 m--~-
c2> For the purpose of this Section. a road tractor or truck tractor shall DOI be
deemed a commcn:ial vehicle, and no road tractor or truck tractor shall be parked
or stored in any residential zone district
(3) No commemal vehicle shall be stored on public propen} .-· 10 the puhhc rip•
of-way,
Section 4. The City CoUJ1cil of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6. Section 4, Subsection 0, of the Englewood Municipal Code 2000, 10 read as
follows:
16-6-4 : O rr-tr«t Parking Loading Rt qulrcmcnts.
0, Surface Co,·cr, Off-street par,:ing and loading spaces shall be of• hefd s•rfeee, uilkl!f
~·· 08' IHI ·•~heh, 89A8A!IO e, ,lliek po ... , "'""'" 1hel In• Cil)• may RppRl 8 Ike •s• of
nlteF110111 d~,1 t'm s1tFfeei 11g 1Ret1Fiale (e.g., ehi~ seal 6~Ffeei ngl hard durable surface of
ssmcrac mhalt brisk @\:m or sirrular ahema1e matcrials.APPmYcd bv th< CUx 10 scl"\~c
a principal pennined residential use.
~-The City Council of the City of Englll"ood, Colorado hereby authorizes amending
Title 16, Chapter 6. Section 10. Subsection B, Paragrnph S. Lc11er d. Number 4, of the
Englewood Municipal Code 2000. to read as follo"s:
16-6-10: Design Stan dards and Guidelin es .
5, Front Lot Co\'eragelResidential Driveway nnd Parking Pod Standards,
d. Standards for Residcnual Dn,ll"•ays and Parking Pads within 1he Front Yard or Sctbor!,
Arca,
\I) Rclat,onship 10 and Conflict with Similar Provisions. The general residential
driveway standards in Section 16-6-3 EMC. above shall apply 10 rcsidcnual
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de, clopmcn1. r.ccpt that if this ,ubscc:uon's rcs1do-nual dm ewa) S1Jnd.1tds ~onfl,e1 "uh the stand3rJs in Section 16-6-3 EMC. 1h1s subs«uon's standard;, <hJII control and apply. (2) Zoning Site Pinn Review Required. /\II ne\\ construction, surfnc111c or •11rfacin1 nheration. expansion. or re-installation of a residential drheway or parl..:"~ r•rl $hall require Zomng Sue Plan m iew(see Secuon 16-2-9 EMC) r-iorto the Iv, of work (3) TI1e Use of Parking Pads in Coniuncuon wi1h Driveways. The use ~ 1 ••~ing pads in
conjunc1ion wilh driveways is discouraged but 1101 prohibited. iiowcvc., 111 no case
shall 1he total width of any combin.,1ion of parking pad nod drivewa) •~• ced twenty
feet (20').
(4) Pcnn111ed Driveway and PJrku, Pad Paving Materials. Residential dn,<~ ·'l • and
parking pad shall be impro, eJ wi1h a hard durable 5yrfqcs pf COPSD?lt• ~"l'~
omrs or similor ohemotc mmccinh nooroved bx the CjLX, duF&Sle heFd '"''4Mie
epp10 ·ed B) 1he Ci 1y, hffe eieg AVll@Fiel s 1he1 tllAY l!e YHd ieelYae ee eoF.te. ospheh.
Mpesea agg!'egele, er GRl55efllle. Prohibued ma1crials include din, .,,,1 gravel,
eNSRed eenef'4te Md Grasscrctc QC pthq porous rpaJqipl. Zoning Site Plan review
(M:C Secuon 16-2-9) is required prior to the stan of any residential dri,·c1• ,y or
parking pad surfacing.
I EDITORS NOT E: Tbc remainder or 16-6-10, contains no changes and iJ tbert fcre not
lntluJcd berel
~-The Ci1y Council of the City of Englewood. Colorado hereby authonzc, amending
Tille 16, Chapter 11, Secti on 2, of1hc Englewood Municipal Code 2000, 10 read a \ foll,1ws:
16-11-2: De fi nition of Words, Termund Phrases.
/Jard S111fa,·e: As reln1ed 10 drive"ays, pa.king, and loading areas, "hard surface" means a
durable surface of concre1e, as phnh, e*pesed 88f1FB!!IIIB, brick onvers, or similar altemate
ma1crials approved by the City.
SCC1ion 7. Safety Clauses. The Cny Council hereby finds. dc,cnrunes. and declares 1h:11 this
Ordinance is promulgn1ed under the general pohcc po"er of lhe C11y of Englewood, th.,1 it is
promulgated for 1he hcal1h, s.1fe1y, nnd welfare of 1he public, and 1hat 1his Ordinance is necessary
fo r the preservati on ofhcahh and sa fet y and fo r lhe pro tection of pub lic convenience and
welfare. TI1c Ci1y Council funhcr de1ermines that the Ordinance bears a rational relation to 1he
proper lcg1sln1ive objccl sough! 10 be obtained.
See1ion 8, Severabili1y. If any clause. scn1cnce, parr.graph, or par1 of 1his Ordinance or 1he
apphea1ion 1hcreof10 any person or circumstances shall for any reason be adjudged by a court of
e-0111pe1cnt Jurisdic1ion invalid, such judgment shall not nffec t, impair or inva lid.to the remai nder
of 1h1s Ordinance or its apphciuion 10 other persons or circwnslnnccs.
~ lnconsistcn1 OrdjQMCCS, All olhcr Ordinances or ponions thereof incons1sten1 or
conflicting w,lh 1his Ordinance or any por1ion hereof ore hereby repealed 10 1he cx1cnt of such
111.:onsis1cncy or conflict
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Sa:uon 10. Effec:1 ofrq,ca) or modilica1jcm. The rcpral or mod11icauon ofan)' pro\lS1on or 1hc Code of1hc Cny of Englc"'ood by 1his Ordinance shall nm rdcnse. cx1inguish, alter. mod1fy. or change in II hole or m pan any penalty. forfei1urc. or hab1l11y. e11her cl\•il or criminal. "h1ch shall ha1c been mcurTcd under such pro1is1on. and each pro1os1<1n sh.II be 1rca1ed and 1.cld as SIIII remaining in force for 1hc pUJl)Oses of sustaining any and all proper ae1ions, sui1s. proc~ings, nnd prosccu1ions for 1hc enrorccmcn1 oi1he pmally. (orfenure. or hab1lil), ns 11ell as for 1he pul])Ose of sus1aining any judgmen1, decree. or order II hich cnn or may be rendered, cn1ered, or made in such actions, suits, proc~ings. or prosccuuons ~ ~ The Penally Provision of Section 1-4-1 EMC shall apply 10 each 1nd
every ,,olation of this Ordinance.
Introduced. read in full. and passed on first reading on the 171h day ofNo\'t111ber, 2008.
!'ublished as a Bill for an Ordinance in 1he Ci1y's official newspaper on 1hc 21~ day or Noveinbcr,
200S.
Published u a Bill for an Ordinance on 1he Ci1y's official websne beginning on the 19th day or
November, 2008 for thiny (30) days.
James K . .Voodward. Mayor
ATTEST:
Loucrishia A , Ellis. Ci1y Clerk
I. Loucrishia A. Ellis, Ci1y Clerk or 1hc Cily of Englewood. Colorado. hereby cenify 1hat 1lrn
above and foregoing is a 1ruc copy or a Bill for an Ordin.'IOCe, inuoduced. read ii. full. and passed on
lirs1 reading on the 171h day ofN01eir.ber, 2008.
Loucrishia A. Ellis
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BY AUTIIORITY ORDINANCE NO. SERl£S OF 2008 COUNCIL BILL :-10. 69 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE AMENDING nrn ENG LEWOOD MUNICIPAL CODE 2000 BY
AMENDING TITLE 16-6-13. SIGNS NOT SUBJECT TO PERMITS. TO ALLOW DISPLAY
OF A FLAG USED EXCLUSIVELY BY THE SOUTH BROADWAY ENGLEWOOD
BUSINESS IMPROVEMENT DISTRICT MEMBERS.
WHEREAS. 1he South Broadway Englewood Business hnprovcmcn1 District (BID) Is
seeking lo display a fwg to be designed and used exclusively by BID members; and
WHEREAS, Englewood Municipal Code allows the display of nags of na1ions, states, or
cities only; and
WHEREAS. Planning and Zoning Commission discussed the desire of South Broadway
Engl"" ood Business Improvement District 10 h.we us own nag and the Commission ·s
recommendation was 10 amend the Sign Code 10 address only the South Bro?dway EnsJewood
Business Improvement Dis rict or any fmurc City approved business impro,·ement distnct nag;
and
WHEREAS, the City belie,cs 11 1s desirable and bcncfictal 10 the City and Sou1h
Broadway Englewood Business Improvement District to display such Oags.
NOW, THEREFORE, BE IT ORDAINED BY THE en'\' COUNCIL OF THE CITY
OF ENGLEWOOD. COLORADO, AS FOLLOWS :
~-Title 16-6--13. Signs. Englewood Municipal Code, ,s hereby amended to rc:id
as follo"•·
16-6-13: Signs.
[Editor's note· 16-6-13 A through D remain unch.,ngcd and arc therefore no1 included m 1h1s
Ordinance.]
E. Signs Not Sub;0CI to Permits. The following signs, displayc-d for
non-commercial purposes, may be erected and maintained in all zone districts without a
"gn pcnnil as othcmisc required by Section 16-6-13. D. EMC, "Pcnnits," ahovc, Such
si11ns shall be in addition to all other signs pcrmiucd in any lOne district. providing such
sisns do not requtre dtrce1 clce1rical w:nng. and conform 10 setbacks and other physical
chnractcnstic rcqmrcmcnts of the designated zone districts. Even 1hough pcmlits nre not
r.-quircd for the following <1gns. wall s1.ins shall be located only m the signable area. and
window signs shall be counted to\\ ard the t\\cnty-five percent (25%) mllXimum coverage.
111is restriction shall not apply to ho:1day decorations. or 10 shon-tcrm advertising as
pro\1ded in subsection 16-6-13.J.5.fEMC .
No pcnnH shall ~c require,! tn carry out nt1mtc1~111,c 10 a c<111fonrnng siyn tf no ,1ruc1ural ~h:mgc-s are mac e Bulletin llo:11Js. Bulletin bo:tnls fnr pubhc. chantablc. or rchb•OOS 111.smuuons. which are not o,cr twcl\c {12) squ,. 'cet m area and which arc located on 1; e premm:s of said ins1i1u11ons. 1. Election Signs. 1:lcct ion si1,'11S shall not be posted more than forty-fi,·c (45) calendar days pnor to the clccuon to which the sign relates and shall he
rcmo,cd wnlun fifteen (IS) calendar days followinl! the clccuon to "hlch the
Sll!fl rel3tes Such sil!flS an: limned to wall, "indow, and ground signs; and shall
not be• banner of paper er cloth. Each election sign shall not exceed twch·c ( 12)
square feet of total sign area.
3. Flags.
ll· Flags ofn:11ions or an orgam.iation of nations, states, and cities.
provided such flag docs 1101 cxc~ tluny-th-e (JS) square fett in area.
b-Floss ofCi1v .. aoomYed business imnmvsnent districts omridcd...lhc
flass disalnv onlv the name emblem and/or loao of the organizn1ion
and no individual busincs, onms Such Oa @s ore limited to Oftcsn O~l
sgyarc.Icc1 in II[@,
[Editor's note; 16-J-IJE{4) through 16-J-13E(l7) remain unchanged and an: therefore not
included m this Orchnancc.)
~ Safety Clauses. TI1e Ci ty Council ~crcby finds, de1cm1incs, and declares that this
Ordinance is promulgated under the general poli, · power of the City of Englewood, that it is
promulgated for the health, safety, and welfare o. ,he public. and tlmt this Ordinance is nccC-"Sllry
for the preservation of health and snfcty and for the protection of public convenience and welfare.
1 he Cuy Council fun~ determines that 1he Ordinance bears a rauonal relation to the proper
legislative object sought to be obtamed.
~ Severnbjljly, If nny clause. setllence, paragraph, or pnn of this Ordinance or the
application thereof to nil)' person or circu mstances shn ll for any reason be adjudged by a coun of
competent jurisdiction mvahd, such j udgment shall not affect, impair or invalidate the remainder
of this Ordinance or us application to other persons or eircldllStanccs
~ lnconsistrnl Ordinances. All other Ordmanccs or pon1ons thereof inconsistent or
con01cting "ith this Ordinance or any pon1on hereof arc hereby repealed to the extent of iuch
inconsistency or conflict
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~ ~ The repeal or modification of nny provision of the
Code of the Cuy of Englewood by this Ordinance ,h.111 not release. extinguish. alter. m<>dify. or
change tn whole or m p3n any penalty, forfeuure, or liability, either cm\ or criminal, "htch shall
have been incurred under such provision, and each provision shall be treated and held as siill
remaining in force for the purposes of sustaining any and all proper aciions, suits, proceedings,
and prosecutions for 1he enforcement of the penalty, foriciture, or liability, as w~II us for the
purpose of sus1nini11g nny judgment, decree. or order which can or may be rendered. entered, nr •
made in such actions. suits, proceedings, or rrosccutions.
• Section 6. Penalty The PC113hy Prov1S11>n ofS«tion l+I E~IC shall orply 111 each and
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c, cry \"iolauon of this Ordinance. ln1roduced, read in foll, and pmcd on fors1 reading on 1he 20th day 11f0i:1ober. 2008 . Published a& a Bill for an Ordinnncc in 1hc C11y's official ncw.,paper on 1hc 25" dny of Oc10b•or, 2008.
Published a, a Bill for an Ordirnnce on 1hc City's official website begi1mmg on the 22nd day
of October, 2008. for thirty (30) days.
A Public Hearing was held Nover1ber 3, 2008.
Read by utle and passed on final rcadmg on the 17'6 day of November. 2008.
Published by 1ille in the City's official newspaper as Ordinance No._. Scncs of 2008. on
the 2 ht day ofNovembcr. 2008 .
James K. Woodward, Mayor
ATTEST:
Loucnstua A. Ellis, City Clerk
I. loucrishia A. Ellis. City Clerk of the City off .nglewood. Colorado. hereby ccn,f) that the
above and foregoing is a ll\lc copy of the Ordmancc passed on final rcadmg and published by title
as Ordinance No. _. Sen cs of 2008
Loucrishia A. Bilis
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MEMORANDUM TO: FROM · DATE:
REGARDING :
Mnyor Woodward t Englewood Ci1y Counctl M bcrs Dau Bro1zman, Ci1y Auome ~•ovcmbcr 6, 2008 '
C. 8. 69 Rcqucsb Amendmc:nls.
A rcqucsl was made concerning 1hrrnath-c language.
The current Ordinance that was appro"ed on first reading reads as follows:
16-6-13: Sign,.
3. Flags.
ii• Flags of nations or an organi1.ation of Mtions, stales, and cities,
pro,,;4ed such flag docs not exceed thiny-livc (35) square feet in area.
b-Flaa ofCilY:IQPrpygl busiocu iawIPYSPSOI di§JtiSJ§ proyidcd the
flea, disalax onlv 1hc name emblem nnd/or Ioso of tbs organization
ond oo iodividYAI businns names Such O@os are limited 10 fi ftem CI SJ souarc
feet in area
The first alternative addresses lhe issue of allowing the South Broadway Improvement District
proposed banners by Adding the term "sale today" nnd requiring that the sale be held on the last
Saturda)' of the month.
16-6-13: Signs.
3. Flags.
ii flags of nations or an organii.ation of nations, stales. and cities.
provided such nag docs not exceed 1hir1y-fivc (35) square feet in area.
lnl Sawrdax of the mgnth
The nex1 ahem~u,·c 1s 10 pcnnll the .. sale 1oday·· language lluoughou1 lhc C11y wilh lhe removal of • "Cll> ·•pproved bu11ness improvemenl dislricis .. and also pcnnits sales on olher dales in a maMcr surular 10 SldN alk sales 16-6-13: Signs. 3. Flags a-Flags of na11ons or an orgamzalion of nations, Slalcs, and c111es.
provided sucb Oag docs 001 exceed lhiny-five (35) square feet in area.
~-BudneH Dan w; R9JWttgl Rmvidcd the flags disnlav onJv the 1erm "ale rodax'\ bul no daai:155E&=!5❖!:'
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1ne both of1he ahema1ives the fifteen square fcc1 (15') area has been clarified 10 allow a Ong lhal is 3
fee1 by 4 fee1, and advcnising on 001h sides of the Oag .
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~IV SIIOPPIHG DISTRICT ll lKLIW00D 3476 S. Broadway Englewood, CO 80113 303.781. 1362
B OARD OF
DIRECTORS
PRESI DENT
T10 VA$1V.S
Tco'l Cl.01'HDI$
l-t16 $. 8RO.-OW,\Y 80~ 13
30313113!12
V ICE PRESIDENT
BoltVon-
Sfl &uo f PR1"4ff«)
3,160$. 8HOH!WA'f 801 13
• 76148'8
S ECR :TARY
RD.le ..r
oncss I QA Lns GLOTHICFW
XMS S 9111o-aM, 80113
303 761 0000
TREASURER
Bcol.Auetu.
AoOIISlC Muse Rcw,"'-
34•5 5 BAoHM,A't 81)11 ~
303144 1737
M EMBERS
euwiAHN\1
FliAAI" or Am u
3065S ~,,.,._, '4(111.\
303 722 1 52!>
B,l,noANI \IU
f.lMNQio low... ;o ~,If'
3A.'.J9 S ~ ....... "" 11
3031811662
• W11:,W(r.v.
lH11 ~11uicS•;q
3J98S ~.h 1;11. t1l
""J3 16." 1'18!,
'vt,ll'or lim \\'110,Jwnnl Cit\' Council Cit, nf Englewood , C11lor,1do 110 11 1 3 .,,, Cl'G!fWOOJ, COlO'l.400
Re: South llroa.dwJy l.ngkwond Bus m= lmprovcml•nt Distric t S.1 lc Day Flags
Dear Mayor Wood word and I lonorable Members of the City Council,
In regard lo you r questions and suggcshons regarding the use of .1 Sale Day nag
throug hout the City we h,ive a couple of thoughts
First of ail the 'BID is an independent d istric t apart from other neighborhoods in
the City and the merchants within the BID arc paying ext ra and working hard to
give the area a distinct look and feel. Our actions and projecls have all been initi-
ated by our members from the bollom up, as ii were. It seems if other merchants
in other areas wish to hook their cfforls with us they would get involved some•
how with us. So fo r that has not been lhc case .
l11e BID is not against tlw idea of other areas using :i flag, bul thC' flag we wish
to use was designed with the ,dca of bei ng identified with our BID area It is
bt-ing paid for by the BID using the assessments genera led within the Bl D so
we cou ldn't p,1y for the flag to be used in olhcr areas. We want to sec the LaM
Saturday Sa le become something of an e,•ent Melro area wide lhcrcfore we want
to use the flag on ly on I hat one d,1y a nd if till' use is limilL'll to I his area we will
have an effecllve means nf controlling when lhe nag is u,ed .
We hope that our wi<he;. ,ire not mi~onstrueJ lo mean we tlnn't want lo work
with ot her arc.is of the City and wi<h lo boo,I our ,irea ,11 the e,pcnsc of otlwr
areas. We w1111ld likl' to ,e>e otlwr BIi), lx-comc 11:.,lil ics ,1round the Ci ty and will
do whalcwr 1w c.in to help that ta~e pl,,rc when 1t 1s lhc nghl 11ml'. Bui we hnpc
that'"" c,1n gt•t ,,,mc proj1oet, finish,~! and <nnw pm)\rl,, m,1,k In show th,11 our
effort s ,ire pay111g off bdorc we i;,·t too c.irri.-d .,way with e,p.1ndini; this idea.
As alw.,y~ we ,1pproo,1,, tlw hdp ,,ml c11m•crns from Co uncil and w1• Ml' open to
dii:.cu,~i,m \\'ith you ,,I any ti1ne.
C,inc~n•lv .
~r;;f J/o., f c,J
h •d \,NI,,,
l'11•,11l,·111, l~•.trd 111 P m,·t.,r,
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ORDINANCE NO. SERlES OF 2008 BY AUTHORITY COL'NCIL BILL NO. 7S INTRODUCED BY COUNCIL MEMBER \icCASUN AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF 11-fE ENGLEWOOD MUNICIPAL CODE 2000 REGARDING SEWER FEES AND
CHARGES.
WHEREAS, the City Council oflhe City orEnglewood, Colorado approved a sr.,ver rate
increase with the passage ofOrdinnncc No. 23. Series of2003; and
WHEREAS. the proposed SC\ICr rate increases will provide adequate fwids 10 operate and
maintain the 81-Ci1y Plant as well as the Englewood ~·01 collec1ion sySl<Tn and allow comple1ion
of SC\ era! cap11al projects at lhc Bi-City Pinnt; and
WHEREAS, lhe W11cr and Sewer Board recommended lhc proposed increases 10 f,cs and
charges at lhcirOctoMT 14, 2008 meet mg.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS;
~. The City COW1C1l of the Cily of Engl.·wood, Colorado hereby authonzcs amending
Tille 12. Chapter 2, Section~. Subsection B, of1he Englewood Municipa l Code 2000, 10 read nJ
follows:
12-2-3: Fees and Charges.
B. General. Thcre u hereby IC'<1ed and charged on each lot, parcel of l~nd and premises served
by or hnving sewer connc.-.u ~ with the sanitary sewer of the City or 01hern•ise discha rging
sanitary sewage, industrial "' stcs or olher liquids, c11her directly or indirectly, into 11 : City
sanitary sewer sys101n an, •. •~l service charge which ~hall be computed and payable J
follow~:
IO . \II fees and charges hs1cd under 1h1s Secuon 12-2-3, sha,f bciub;cc110 a cumulative
increase for the nc~I ~ ~ (~ l) years(~ 2 lo 2008 ~ ns follows :
Qt, Ja11w1,y I, 200 I, 1he o,1is11Ag fe1 • &Hd 11ha,geg shall l,o 111eFii1S@d Bj' 1ho an1e\ffll..tt
~-••Ill om,) el,o•,·· the '"'"'"FY I, 200~. feoe anJ •llllf'j!OS.
OR Jal!YBf)' I, lOO~. 1ha OMiSliag k!O, ftftd 0110,ges .hall BO ,,, ...... J l,y th• 81MOWA1 er
IH½••• ~•reom ( I Sl,l aeo •• ~10 l•••&f) 11 200 1. feos anil ohef!;i!!i.
OR lRllY8,Y I, 2006. 1he OM ISli Rg feos BIid ehargoo shall ho mere~sod B)' the lllllOHlll af
Ii Aeon ~•N eon ( I ~q ,) abo•,•e 1110 Ja1111af) I, 200S, f,m ••J oharges.
OR JaRYAf)' I, lOO~. 1ho oNioliRg fees eAd ehargeg sha ll l,e 11mees od B)' tho 11nlOOOH)f
liA ee11 ~,reolll (!~%) al,o o tho lRRYBF)' I, l9'l~. r..es a•d eha'1!°"·
11 b ii
011 JollWAF)' 1, 2ijQ8, 1l;e ems1011g 1'@1!8 and eh•FS•• shall ho me,eas od h) 1h• ame.,,1 ol' ~••1·00111 (11',l aho•·• 1he Jon~af)' I, 200\ fe es ond elm,ge~. Qo Januno: l 'OM the existtov fees andsharncs shall be incrr;m;d bv tbs nmount ofeisht ~t <S%l obore the January I '00'Jm and shaatn. Ott Janu?o: l 2010 the exi$JiDG fc:;s and ch:u:m shall be JPStm\,-d bx lhc amoum ofeinht m-sem tS~tl ahovs the January t 2009 fm arnlchmcs.
On Januncy I 201 J the e;sist,ns fees nnd.charces shall he incrcnsrd bx the omoum ofei shl
ocrcea1 18%} pbqye the /anyary I 20 IP fees and charges
~. Sofety Clauses. The City Council hereby finds, detmmnes, nnd declares that this
Ordinance is promulgated under the general police power of the Cily of Englewood, lhal il is
promulgllled for the health. safety, nod welfare of the public, and that this Ordinance 1s necessary
for the presCMUon of health and safety ~:,cl for the proccclion of pubhc convenience and
welfare. The Cuy Council funher Jct ermines that the Ordinance bears a rational relation 10 the
proper legislau,e object sought to be obtained
~-ScvcrabjHty. If any clause, scn1ence, paragraph, or pan of this Ordinance or the
applica tion thereof 10 any person or circumstances shall for any reason he adjudged by a cou n of
competent j urisdiction invalid, such judgment shall nol affect. impair or invalidate the remainder
of this Ordinunce or its application 10 other persons or circumstances.
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conflicting \\i1h 1his Ordinance or any ponion hereof are hereby repe3led lo the extent of such
inconsistency or conflict.
Scct.i2!Jj, EITe<:t of repeal or modiljca tjon , I he repeal or modification of nny provision of
the Code .if 1hc City of Englewood by this Ordinance shall no1 release. extinguish. niter, modi fy.
or change In wi1ole or in pan any penalty, forfei1urc, or liability, either civil or criminal, which
shall have b.:cn incurred under such provision, ond each provision shall be treated nnd held as
still remaining m force for the purposes of sustaining any and all proper actions, suits.
proceedings. and prosecutions for the enforcement of the penahy. forfeuure, or liability, as well
as for the purpose o f sustaining any Judgment . decree. or order which Olin or may be rendered.
entered , or m.ide m such acuons. ~u11s. proceedings. or prosecutions.
Sec1;pn 6, Penalty. The Penalty Prov,s,on of Section l-4•1 EMC shall apply to each and
e,·cl')' ,·iolation of thi s Ordinance.
Introduced , read in full, and passed on first rcachng on the 3rd dny ,1 f November, 1008.
Published as n B111 for ar. Ordinance in the Ci1y·s official newspaper on the 7'" day of November,
2008 .
Read by lltk and passed on final readin:; cm the 17th day of November. 2008.
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• Publi shed by 1i1lc In 1he Ci1y's officml newspnpcr ns Ordinoncc No._. Scncs of 2008, on
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1he 21 SI day of Novemb.:r. 2008. James K. Woodward. Mnyor ATTEST:
Loucrishin A. Ellis, Ci:y Clerk
L Loucrisbia A. Elhs, Chy Clerk of the Chy of Englewood. Colorado, hereby cenify 1ha11hc
above nnd foregoing is o 1ruc copy of1hc Ordinance passed on fina l reading nnd published by
1i1le ns Ordinance No._, Series of 2008 .
Loucrishia A. Ellis
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RESOLtmON NO. SERIES OF 2008 A RESOLUT101' ESTABLISHING TIIE ANNUAL SALARY FOR TIii, ClrY MANA<iER OF THE CITY 01' ENGLEWOOD, COi ORAIXl. WlfEREAS, the City Council for the C11y of Eng lewood, by Section 49 oft~e Engle"ood 1 lomc Ruic Charter, has 1he rcspom1b1li1y of establishing the salary for the Cny
Manager; and
WIIEREAS, City Council reviewed the pc.-fonn:mcc of the Ci1y Manager; and
WI IEREAS, the City annually reviews salaries for all employees a,,d 11\llkcs at~ustmcnts
to reflect market salary levels, and
WHEREAS, the City Council has dctcnmned thn1 the salary of the City Manager shall be
adjusted to rcflecl market salary levels ofC,ty Managers in the Denver Metro Aren;
NOW, TIIEREFORE, BE rr RESOLVED BY ll!E CITY COUNCIL OF THE crrv
OF ENGLEWOOD, COLORADO, THAT:
~-The annual base pay for the City Manager shall be $169,540 commencing
Novemh<.-r I, 2008 .
ADOPTED AND APPROVED th,s 17th day ofNnvcmbcr, 2008
AliEST:
Jruncs K. Woodward, Mayor
Loucrishia A. F.lhs, City Clerk
I, Loucrishia A blhs, C1ty Clerk for the 'i1y of f:nglcwood. Colorado. hereby ecnify the
above is a 1ruc copy of Rcsoluuon No. __ • Scncs of 2008 .
Loocrisbia A. Elhs, C11y Clerk
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RESOLtmON NO. FRIESOf 200 A RESOLUTIO ESTABLISHING TI-IE ANNUAL SALARY FOR IBE CITY ATTORNEY OF TirF CITY Ol'F'IGI FWOOO. COU)RADO WllFRE,\ . 1hc Cuy Council. by cction 64 oflhc Englewood Home RulcCh.,ner, ha.~ lhc r pons1bil11y of •l'l"'mllnll and CSlabh lung compcma1ion of1hc Ci1y Anomey; and
\\ 'H EREAS. Cuy Council reviewed 1hc perfonnance of 1hc Cuy Anorncy; and
WH ·REAS, 1he Ci1y annually reviews salaries for all employees and makes adJus1mcn1s 10
rellcc1 market nlary levels; and
WIIEREAS, lhe City Council ha.1 dctermincd lh:!1 lhe salary oflhe Ci1y AMmcy shall be
adius1cd 10 rcOcc1 markel salary levels ofCi1y Allomeys m lhc Denver Mc1ro Arca;
NOW. THEREFORE , BE 11 RESOLVED BY THE CITY COUNC IL 01' THE CITY OF
ENGL ·WOOD , COLORADO, THAT:
~-TI1c annua l base pay for 1he City AUomcy shall be S 157,915 commercing
November I. 200
ADOPTED ANO APPROVED lhis 171h day of November, 200 .
Anl·ST·
James K. \l'lOdwanl. Mayor
l.ou n h1a A Eth . C11y !erk
1.1.oucr,shia A Ellis, uy lcrk fo,ihcC11yofEnglewood.Colorado ,hcrcbyccn1fy1hc
oh.l\c I n true cory of Rc:soluuon o. __ • Scncs of 2008 .
Loucnsl110 A. Ellis, ~lcrk--
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RESOLUTION NO. SERIES OP !008 A RE.rnumoN llSTABLISHINO THE ANNUAL SALARY FOR THE MUNICIPAL COlr,t f JUD(if OF TIii: CITY OF f,N(JI.FW(lOD. COLORADO \VtlEREAS. lhe Cuy Council. by Scc11on 6S of the Englewood Home Rule Chanrr. has 1hc n:sponsabolit) of cs,abhshmg ahc salary for the Municipal Coun Judge; and
WHEREAS. Cl1y Council reviewed 1he pcrfommnce ofahe Mun icipal Court Judge; an<l
WHEREAS. the City annually reviews snlnrics for all employees nnd makes adjustments 10
reflect mnrket salary levels; and
WHEREAS. di<: City Councal has dctcnnmed that thcsalaryofthe Murucapal Coun Judge
shall be adjusted 10 rcJleet marlcet s:dary levels of Municipal Court Judges an the Denver Metro
Area,
NOW. TH EREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OFTII E CITY OF
ENGLE WOOD, COLORADO, THAT:
~ The annual base pay for the Municipal Coun Judge shall be $121,635 commencing
November I. 21)()8
ADOPTED AND APPROVED this 171h day of November, 2008 .
A"ITF.ST·
James K. Woodwnra. Mnyor
Loucnshia A. Ellis, Cny Clerk
I. Loucri shin A. Ellis . C,1y Clerk for 1hc Cily of Englewood. Colorado. hereby ccnify 1he
above is n true copy of Resolution No. __ , Series of 2008 .
Louaishaa A. Ellis, Cuy Cleric
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