HomeMy WebLinkAbout2008-12-01 (Regular) Meeting Agenda PacketAgend a for the Regular Meeting of the Englewood City Councll Monday, Dec.mber 01, 2008 7 :30 pm Englewood Civic Center -Council Chamt.ers 1000 Englewood Parkway
Englewood, CO 80110
1. Call to Order. 7:47 p.m
2. Invocation. McCa1lln
3 Pledge of Allegiance McCHlln
4. Roll can.
Pment Jellerson, Moore, Penn, Oakley, Mccaslin. WIison. Woodward
Ablent: None
5. Consideration of Minutes of Previous Session.
a Minutes frcm the Regular City Council Meeting of November 17, 2008.
Motion : To approve the minutes of November 17, 2008
Mond by: Moont Seconded by Penn
Vote: Motion Approved (summary: Yes = 7 No=0)
6. Recognition of Scheduled Public Comment (Please limit your presenlatlOn to ten
minutes.)
None
7. Recognition of Unscheduled Public Comment. (Ple?.e llmil your presentation to five
minutes. Time for unscheduled public comment may t,mlted to 45 minutes, and If
fimited. shall be continued to General Discussion.)
a Jerry Furman --Speaal Olympics Basketball denial by ERC
b Matthew Crabtree • -response to Jim Woodward -Open Meetings
8 Communications, Proclamations. and Appointments
None
9, Consent Agenda Items.
Motion: To approve Consent Agenda Items 9 a (I) and 9 c (I), (ti)
Moved by: Moont Seconded by: Mccaslin
Vote: Motion App roved (summary: Yes,• 7 No = 0)
Englewood City Counal Agenda December 01 2008 Page 2 Approval of Ordinances on First Reading. Councrt B111 No 80 Recommendat10~ from the Finance and Adm1m strat1ve Services Department to adopt a bill for an ord inance removing or amend ing sections ol the Englewood MunlCJpai Cod-! pertaining to massage therapy effective Apnl 1, 2009, STAFF SOURCE: Frank Gryglewlcz, Director of Finance and Admlnlatrallve Services. b Approval of Ordinances on Second Reading
None
Resolu tions and Motions.
RESO # 84
Recommendation from the Finance and Administrative Services Department
lo approve a resolution regarding miscellan eous license fee Increases
STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Admini strative Serv ices.
ii.
RESO #85
Recomm endation from the Finance and Administrative Services Department
to approve a resolul!on tran sfemng $50,915 from the General Fund to the
Pu bhc Improvement Fund for improvements to the Golf Course. STAFF
SOURCE : Frank Gryglewlcz, Director or Finance and Administrative
Services.
10 Public Hearing Items
a. Public Hearing to gather input on Council Bill No 79, authorizing amendments to
Tttle 11 (Pub lic Ways and Property), Title 15 Health (Sanitation and Environmental
Protection). and Trtle 16 (Unified Development Code) regarding hard surface
standards, and an amendment to Title 16 regarding maKimum commercial vehicle
weight In residential zones
Motion: To open the Publte Hearing.
Movod by: Wllaon Seconded by· Jefferson
Vote Motion Approved (summary Yes = 7 No=0)
Senior Planner Tricia Langon
Motion: To ctose the Pubtte Heanng.
Moved by: Penn Seconded by: Wilson
Vote Motion Approved (summary Yes = 7 No=O)
11 Ordi nances, Reso lu tions and Mot ions
a Approval ol Ordinances on First Reading
None
Englewood Coty COP101 Agenda Otcember01 . 2008 P,ge 3 b Approval of Ordinances on Second Reading Council BIII No 69. as amended , amending the Unified Deve lopment Code ORD # 72 pertaining to nags In the South Broadway Busmess Improvement D,stnct Motion: To approve Agenda Item 11 b (I) Moved by: Wilson Seconded by Oakley Vote· Motion Approved (summary ' Yes = 7 No = 0)
c ResolutJons and Mouons
Recommendatron from the Englewood Enwonmental Foundatlon to approve
RESO I 86 a resolutron of support for pursuing an agreemenl with the Regt0nal
Transportatron Dtslrict on expanS10n of partcing al CllyCenler
Englewood/Englewood Station STAFF SOURCE: Rick Kahm, EEF
Director, and Alan White, EEF Director.
Motion: To approve Agenda Item 11 c (I)
Moved by: Penn Seconded by Mccaslin
Vote Motion Approved (summary Yes= 7 No= O)
12 Gen~ral Discussion .
a Mayor's Choice
b Council Members' Choice
13 C~y Manager's Report
14 City Attorney's Report
15 Adpummenl 815pm
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 17, 2008
The regular meeting or the Englewood City CouncU was called lo order by Mayor Woodward at 7·35 pm
2 Invocation
The Invocation was given by Council Member Mccaslin
3 Pledge of Alleglance
The Pledge of Allegiance was led by Council Member McCasltn
4. Roll Call
Presenl
Absent
A quorum was present
Couneil Members Jefferson, Moore, Penn. Oakley, McCasltn, Wilson.
Woodward
None
Also present City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk EJflS
Deputy City Clerk Bush
Director Gryglewlcz, Finance and Administrative Services
Director Fonda, Utdlties
Director White, Community DevelOpment
Senior Planner Langon , Community DevelOpment
O,,;My Chief Colltns, Pol,ce
5. Consideration of Minutes of Previous Sessl vn
(a) COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 3, 2008 .
May01 Woodward asked 1f there are any correcliOns or mod1ficat1011s There were none
Voto results:
MoliOncamed
Ayes· Councll Members Penn, Mccaslin. Moore, Woodward , Jefferson,
Wilson, Oakley
Nays None
G Recognition of Scheduled Publlc Commonl
(a )
Calendar
City Council recognized the student ar11sts whose anwork 1s ,nr•.;~ed 1n the 2009 Englewood
Mayor Woodard said tonight we havo the honor of recogn1z,ng the students whose artwork ,s featured In the
Englewood Clly Council November 17, 2008 Pago 2 2009 Englewood Calendar Each year. the C1ly holds an art con1es1 lhal 1s open lo all students who live or go lo school 1n Englewood We chose 14 pieces from lh1s year's sludenl art conlesl to showcase 1n lhe 2009 calendar I had lhe pleasurp of serving on lhe Seleclion Panel, along w1lh my fellow City Council Member Jill Wilson, who Is a Cultural Arts Comm1ss,on liaison and Cultural Arts Comm1ss,on Members Jennder Enger Kate Dulaney. Donna Schru12er, Maggie Stewan. and Tim Var.ca, PrOjecl Manager foe the Museum of Ouldoor Arts We would like to offer a special thanks 10 the art teachers, school adm1mstrahon and the parents for their support of lhese lalented artists All of these young people have now become published artists I would also like to acknowledge some people from lhe Englewood School District here tonight our superlnlendent of
schools, Sean McDaniel, President of Englewood School D1stricl, Heather Hunt. Board Member Vickie Howard,
and Board Member Karen Miller. With that, I would like to turn It over to Leigh Ann Hoffhiries Leigh Ann IS our
Public lnformat,on Officer and she has done all of the work on the calendar and made 11 another very successful
calendar I had the opportunity to see rt a little earher, at Study Sesston .
Communications Coordinator Hoffhines said thank you Mayor I would also like lo thank the generous sponsors
of the 2009 Calendar: L & M Pressworks, they gave us a big discount on the prlnling, Jerry's Artarama, A & B
Custom Framing, Frame de Art, Englewood Ms, the Museum of Outdoor Arts, the Englewood Lions Club. the
Englewood Cultural Arts Commission, Millennium Bank and Cornerstone Books We are returning the arusts'
artwor1( this evening, matted and framed. The artists wil also receive a $25 00 ]lfl card from Jerry's Artarama.
which Is Englewood's art supply store, localed at 3473 S Broadway and tickets for 4 to an upcoming Englewood
Arts concert, here at Hampden Hal l. here at the Englewood Civic Center. After lhe recognition this evening, we
would like to take a pho to of all the artists, with their artwork, out In the atrium area. I'll remind you again when
we are finished . Mayor Woodward and Council Member Jill Wison . If you would come forward, rn announce
each artist I would tike you to come to the front as your name IS caffed.
Communlcaboos Coordinator Hoffhines said the 2009 Calendar artists are.
Erin Petersen , a 3"' Grader at Charles Hay Elementary Schoo l. Erin's artwork appears on the cover of the
calendar
Next ,s Darwin Ponx-Mayo,, a 1• Grader at Bishop Elementary School. Darwin's artwort<, "In the Doghouse: IS
featured in Jan~ary
Our next artist ,s Saha Montoya , a 3'" Grader at Cha rles Hay Elementary. Sofia's artwo rk, "Girl Turtle.' appears
In February
We have two artists II Marcil The first IS Sara Hyde. a s" Grader at Maddox Elementary Her artwort< is
ent,tled "Can I Come to Your C1tyr The second Marcil artist 1s Kirstyn LeCavaller, also a 5"' Grader at Maddox
Flementary Her artwork 1s entitled 'City Block".
Nexl 1s Zackary Bueno, a 4th Grader at Clayton Elemenlary School Zack's artwork Is featured 1n Apnl
Our next art,st 1s Haley Ebert. a :f" Grader at Clayton Elerrientary Haley's artwort< appears In May
Next ts N1COle1gh Trampler, a 4'" Grader at All Souls School Her artwork, "Pollinator," appears In June
Our July artist is Victor Rosa les-Ga rcia, a 2" Grader at Clayton Elementary School Victor's pa1nling 1s entitled
"Fish Friends"
Next we have Tess Bray , as" Grader at SL Anne's Episcopal School Tess's "Dog Dreaming· appears dunng
the dog days of summer ln August
Our next artist 1s Miguel Donohoo Miguel Is a 4" Grader at Cherrelyn Elementary Schoo l His artwork.
"Giraffe," IS featured In September
Our October artist IS Patr,ck Constannno. a recent gradual~ from Colorado's Finest Alternative High School
Patrick's artwofk is ent,tled "Into the Passing Colours F1rs1 aorn·
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Englewood City Council November 17, 2008 Pago 3 Ben Prado 1s our next amsl His Sltll IJte· appears 1n November Ben ,s a 6' Grader at AH Souls School And our final artist 1s Natasha Prather , a 9"' Grader al Denver s East High School Natasha's "Moonlit Mirac1e· appears 1n December There was a round or applause after each name was read and after the receipt or thev artwotk and gifts
Ms Hoffhines said we have loved having your ar1Work on d1spl~y ,n the C1v1C Center for the last few weeks, and
now, will , the calendars, we're lucky enoug h to be able 10 lobk al 11 all year dunng 2009 There are plenty ol
ca lendars available on the table 1n the back ol the room Thanks lo all ol you for coming this evening to help us
recogn,ze these talented artJsts Lei's g,ve them another round of applause And don't forget, I want p!Clures of
everybody out back
Several Council members offered their congralu lat,ons
7 Recognition of Unscheduled Public Commen t
(a) Doug Cohn, an Englewood resident, said good evening . I have three short th,ngs to 1alk about
tonight The first one, is along the same ~Ind of line as the arts th ing Ne had ton ight Last week there was lhe
most amazing concert here In Englewood. On Thu rsday night. the Strings Attached kids got to gel lhe violins
and cellos out And I didn't ~el lo go, bul I've gollen calls from the folks who did. who said the mus0ans had a
great lime, all the kids danang on the floor had a great time and the parents had a great time I think we ha•11,
two treasures in Jean and Janel It's a great thing to have Stnngs Attached 1n our town That'R a way cool thing
we have here . The second thing ,s Sam Hills Barber Shop I don't know of you have ever been there This ,s
the 100~ anniversary or his com ing to town In 1908, he came out here and said folks need to have a bath and
a haircut and this seems as good a place as any 10 put a barbe<1hop together and he did In 100 yurs, thert
have only been three owners or Sam Hills. I think 1t might be way coot. of you all as a City Council, woul<l ..r~e
him some kind of a CQngratulatory proclam ation to say thanks for being around for 100 y ea!$ Rock , tloe guy who
runs the place now. 1s cut out of the same piece or cloth tha t Sam was I think they'd be worthy And the other
point I've been reading in the notes ... you all have been struggling over th~ 50 root frontag e ru le and what to
do with that and trying to decide If Planning and Zoning or you all as a City Council or adm1nislra1Ne
ad1ustments could do that or the Board or Adjustment and Appeals 1 guess I'm corning as an advocate for the
Board of AdJustment and Appeals It seems hke of the Planning and Zon,ng guys did •l ,t could be that they
would end up with a precedent that others could argue and say wel l, we now have a rule that you can gel under
the 50 root frontage and It would just be more complicated than II needs to be The Board or Adjustments
makes Indiv idual kinds or adJustmenls, keeping the rules intact I'm advocating for that pos1hon That's all I
have 10 say Thank you
Mayor Woodward said thank you
(b) Jerry Furman, an Englewood resident, said Flood Middle School I think we should have a vote
on 1t because 11 ,s lo.sing money for the City and lhe school d1stnct What 1 think we should do Is toss about
Ideas about Flood Middle School What we should 110 is to take rt down and put up a plaque saying Englewood
High School was here and Flood Middle School was here We need to make 1t something that makes money for
the C11y The other thing 1s teachers, who have bee n leaching for years, they should get to come up here and
be recognized for being a teacher for the Ci ty or Englewood Because Englewood right now If we are trying lo
get voters 10 come 1n, I think we should get the teachers involved and have a once a year thing for 18 and older
to come here and hear more informahon about the govemment of the Crty of Englewood and the Slate of
Colorado
• Mayor Woodward said thank you Jerry
IC) Malthew Crabtree an Engie,,ood restdenl said t would hke lO take a moment here to respond
to Counc1lman John Moore's statement from the last meeting Counctlman Moore, I appre iate the e>Ctens,on of
the ohve branch regarding what was stated as our lltlle debate Although I don't think 11 Is really necessary
Englewood City Council November 17, 2008 Pag e 4 The reason being Is ,1 Is nol my ,nlenl 10 engage In personal debale w1lh lhe lopics I bring forth And for ctar1fica110n, 11 Is nol my ,ntenl lo •ntale any of you either I'm srnply shanng concerns lhat I shared with lhe public shared with members of our group, and one of the concerns, at this point, ,s transparency In governmenl Now. John. you had menlloned lhat you hoped lhat I would bnng another Issue loward Counol thos IJme and I cenamly woa, but the thong to remember here ,s for n ,.J ~top presen~ng on the Open Meetings Law, I'd hke to see tha l Councll 1s opera1Ing more w11h 1n lhe Open f.•~~: .. ,gs Law I'll slop commenllng on lhat when 11 ,s no longer a problem And I was really hoping before I r, ~ •· \<>d ton,ghl thal I wouldn't have anything lo present on recent hrslory regarding open meelings, bul I kind of d [here was an ,ssue that wllh the last Sludy
Session there wasn't a Study Session last week, lheu •·-:s an Execuhve Session Although ,t 1s not
partJCUlarty dearly wntten In the Open Meetings Law II~• ~,s, I didn't see anything ,n there When checking with
ether crlies, ,rs customary lo provide openness of gove ,,·,,onl It's customary 10 hold a publrc meet,ng, for
instance a Study Session, and then extend, from the S~od: ~~sslon , to an Executive Sess,on at that pornt, 10
provide a descnptlon to the people that are rnterested or to ,.,~ reco rd, why th e Execut,ve Session Is occurring
A little bit longer than what the def1111t10n is on the agenda. That Is customary That's what Littleton does
That's what other cllies do. Holdrng a Study Session and then maki ng a decision to go Into Executive Sess10n
after that. Now, the topic tha t I wanled lo bring forward has a dlffeient concern at th,s poinl Most other c1bes
aJso have two-way communication between people lhat pubhcty comment In Englewood they seem to
reserve ... the Council members reserve their comments towards the end of the meeting
Whereas somebmes ... lt appears that certain people, who present, are lost at lhat point. I remember a few
hmes in the past where people have come up and presenled and they have received ne> response from Council
afterwards If there Is more two-way communication , as other cities do, I think that would be a hltle more open,
and a little more access1blP. !or the people of the oommunoty. So John, that's my other concern that I bring to
you. Once again I would like to say thank you for the olive bra nch, but lei's work toward more open and
transparent government al the Crty of Englewood Other dl18s have gone to that point Groups s""llar to
ECOG In other 01ies, aner those issues, or after Issues ,n general, have gone away ... they have not had much to
present at that poinl If we can work toward openness and transparency in govemmenl I might not have
anything else lo presenl There might not be other Issues A lot of issues stemmed from this transpa rency
Issues. Thank you
Mayor Woodward sa,d thank you
8 Commun ications, Proclamations and Appointments
There were no commun1ca110ns, proclamabons or appointments
9 Consent Agenda
(a) Approval of Ordinances on Ftrsl Reading
There were no ordinances on forst reading
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WI LSON SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I), (II), (Ill), (Iv) and 9 (c) (I).
(b) Approval of Ord,nances on Second Reading
(t) ORDINANCE NO 67 SERIES OF 2008 (CO UNCIL Bill NO 74, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AMENDING TITLE 4 , CHAPTER 4 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, WITH
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THE AOOITION OF /l. NEW SECTION 21, ENTITLED "OFFICERS OF CORPORATIONS. MEMBERS OF •
PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES"
(tt) ORD INANCE NO 68 SERIES OF 2008 (COUNCIL Bill NO 75 , INTRODUCED BY
COUNCIL MEMBER MOORE)
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Eng le wood City Council Nove mber 17, 2008 Page s AN OROINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U S DEPARTMENT OF THE INTERIOR U S GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS . (t•) OROINANCE NO 69 SERIES OF 2008 (COUNCIL BILL NO 76, INTRODUCED BY COUNCIL MEMBER MOORE )
",N ORDINANCE AMENDING TITLE 4, CHAPTER 4, SEC TION 16, OF THE ENGLEWOOD MUNICIPAL
CODE 2000, ENTITLED "NOTICES SENT BY MAIL".
(iv) ORDINANCE NO . 7n SERIES OF 2008 (COUNCIL BILL NO 77 , INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AMENDING TITLE 4, CHAPTER 4, SECTION 4, SUBSECTION 4, AND ADDING A NEW
SUBSECTION 8, "LOCATION GUIDE" TO THE ENGLEWOOD MUNICIPAL CODE 2000
(c) ReSOlut10ns and Motions
(I) RESOLUTION NO 80, SERIES OF 2008
A RESOLUTION TO AUTHORIZING THE E'NGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL
"WINTER FOOD FOR FINES" PROGRAM FROM MONDAY, DECEMBER 1, 2008 THROUGH SUNDAY,
DECEMBER 14, 2008 .
Vote reaul ts:
Motion carried.
Ayes
Nays
10. Public Hea ring It.ems
Council Members Penn, McCaslln, Moore, WOOdward, Jefferson,
Wilson, Oakley
None
No public hearing was scheduled
11. Ordinances, Resolution and Motion■
(a) Approval of Ordinances on First Reading
(1) Senoor Planner Langon presenled a recommendaI10n from lhe Community
Development Department to Jdopt a b,U for an ordinance author121ng amendments to Trlle 11 (Public Ways and
Property), Tille 15. Heallh (Sanitation and Environmental Protection). and Tille 16 (Unified Development Code)
regalding hard surface standards, and an amendment to Title 16 regarding maximum commercial vehicle weight
In residential zones Staff also reqU8$ts that Council set a public hearing for December 1, 2008 lo gather public
testimony on this issue She said we have IWo sets of proposed ordinances . FIISt Is amendments regarding
hard surface for par1<.lng areas, basically the definition, In Trtle 11, Tille 15 and Tille 16 Secondly, amendments
regarding the maximum vehicle wetghl III re-stdential doslncts and that IS an amendment in Title 16 The
Planning Commission held a public hearing on October 21 , 2008 and recom: .ended approval ol the UDC
amendments. The purpose of these amendments Is for oonslstency through all titles throughout the Englewood
Municipal Code Hard surface as related t<> driveways and par1<.ing areas in these three ~Ues have similar, but
1ncon s,sIenI deflnot,ons and this amendment creates a single definllton, a uniform definlt10n The second
amendments, on the comme,cial vehicle weight In residential districts. that's a change only In the Unified
Development Code , because all other htles and City traffoc s19ns all relate to a 7,000 pound vehicle weight hmIL
The UDC had a 6,000 pound limit So in making that one change, now all lltles and size would be at the same
7,000 pounds So the amendments are des,gned for consistency and to reduce misunderstand,ngs across the
Tllles. so we request that you approve the amendments on hrst reading and sel the pubhc hearing for December
1 rll be happy to address any questions
Englewood City Council November 17, 2008 Page 6 Mayor Woodwa rd asked d anyone had questJOns for Tncia 1,t lh1s tlffle Mayor Woodward said I have one on the enforcement of th,s There are currently numerous dnveways that are gravel or crusher fines or something simila r to that As far as en forcement goes, Is there a grandfathering of these? Is there some sort of time period that's being suggested or recommended to change? Senior Planner Langon said ttus doesn't change any exisllng dnveways or require anyone to come up to the hard surface definition. II ,sonly when there 1s development Mayor Woodward said so new permit a nd new construction
Ms. Langon sa id righL A new garage that would require a driveway or lhe installation of a sohd surface ... a hard
surface driveway .
Mayor Woodward asked ff there were any other questoos for TriCla They were none
COU NCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER MOORE SECO NDED, TO APPROVE
AGENDA ITEM 11 (I) (It· COUNCIL BILL NO. 79 ANO SET A PUBLIC HEARING FOR OECEMBER 1, 2008.
COUNCIL BILL NO 79, INTRODUCED BY COUNC IL MEMBER WILSON
A BILL FORAN ORDINANCE AMENDI NG TITLE 11, CHAPTER 6, SECTION 2, TITLE 15, CHAPTER 1,
SECTION 2: ANO TITLE 16, CHAPTERS 5,6,ANO 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000
REGARDING HARD SURFACE STANDARDS AND COMMERCIAL VEHICLE WEIGHT
Mayor Woodward asked ff there was any othe< discussion There was none
Vote results :
MoliOn carried
Ayes·
N ay&.
Council Members Penn, Mccaslin. Moore. Woodward , Jefferson,
Wilson, Oakley
None
(b) Approval or Ordinances on Second Reading
(I) Council 8111 No. 69 , amending lhe Unified Development Code pertaining to flags 1n the
South Broadway Business lmp<ovement D1stnct was considered
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I).
COUNCIL BILL NO 69, INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AMENDING THE ENGLEWOOD 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.
Mayor Woodward said 111 open ~ up for d1scussoo
Council Member "1cCaslin said so If we approve lhls, lhe fiag s are for the BID, right? They will be able lo fiy
their flags on lhat last Saturday and no one else will be able to fly a flag?
Mayor Woodward said well, there's lhe ong1nal amendmen~ and lhen there's a memorandum attached lhal has
three different options
Council Member Mccaslin sale' so which one are we vobng on? Mayor Woodward said we are discussi ng 11
nghl nzy,; Mr Mccaslin said o~ay
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Englewood City Council November 17, 2008 Pago7 Mayor Woodward said let's see 1f !here 1s a mo110n to amend by any of these three Personally I hke opt10n number 3, the last one on the last page He read 'business flags are permitted. provided the flags display only the term ·sale today·, but no ind1v1dual business names Such flags are l1m1ted to three feet by four feet the 'sale today' term Is permitted on both sides of the flag Such flags may only be flown on the last Saturday of the month or on such other days as authorized by the City Manager or designee' I would add one thing there and thal would be on the second to the last line, right after the last word 'lasl' and I would add the word 'business· Sa turday of the month, which would then provide for holidays that may fall on a Saturday, such as New Year's,
New Year's Eve, that type of thing
Counctl Member Moore said your honor, I thought our compromise , discussed at the last meebng was that we
would try to address this very isolated Situation and come back and figure out the broader policy From that
perspective, I think we should be Including language, maybe ~•s a blend of these two, but we should be
eluding language that ,t ought to be flags of City approved Business Improvement D1stricls as opposed to I
think It needs the time constraint 1n opt,on number 3 and I think 1t should have the Business Improvement
D,stnct ltm1ta110n 1n opbon number 2 Coflecbvely I'm sorry .. option number 2 does have the Saturday already
In 11 That would allow us lo keep 1t narrowed, address the specific situation now, and still c ome back to
consider What 1s the nght policy going forward I would favor number 2 jusl to make su re, again, to make sure
we are deallng with a very limited case.
Council Member Jefferson said I guess, having heard that , I would be In favor of a combination of lhose two,
where It wou ld say Business Improvement flags are permitted and then continue nn like we discussed on the
last opllon, that third option there, if that makes sense to every~ndy.
Council Member Wilson said as far as the time Council Member Jefferson sa,d yes, I prefer the designation of
the last Saturday or other such days as designated by the City It Just adds a whole fol more ffexlbihty for us
Counctl Member Moore said I'm good with that Counal Member Jefferson said so you're okay wtth that as
well? Cound Member Moore said yes Council Member Jefferson said so that number leaves us with
that they're being called Hags of City approved Business Improvement Dlslricts and then the rest of the
verblage as in option 3
Council Member Wilson said we don't want to lnc:ude all businesses because? Council Member Moore said
lhere were a lot of different paths we could take, thal we discussed at the last meeting and as an effort ,twas
my lmpress10n to avo,d having to resolve all of those Issues and one of them was how broadly this Is
available to avoid having to drag out this immediale Issue and to resolve those broader Issues. Ii Is my
impression that we agreed just to keep this very narrow to the BID. We wa 11t to pe rmll the BID to do lhis and
that's why I would like to retain the Business Improvement Dis trict languape here. I'm sti ll open to that broader
discussion, but I lhink that there is a lot more to lhat discussion than we can resolve In this tlmeframe
Mayor Woodward said and I recall that loo Just one question ts there :.nybody that is In favor of number 1 or
can we ehm,nate that? Council Member Jefferson satd K just doesn't inc ,ude the sale term Is that nght? City
Attorney Brotzman said nghl The flfSt opt10n Is the current language p,oposed by the Planning and Zoning
Depanment before they saw the BID flag
Council Member Penn sa1d I ag,ee with you John I reaffy do not want to leave other people out of this and I
know lot d1scuss10n and to get this done 1n a timely fashion, I will step back on 1l but I really, really encourage
us to come back and look at thts I Just can't believe that we would exclude othEir places tha want to do this
Council Member Wilson sa,d my Issue ,s lhat we are not excluding them. We are allowing them to Oo It anytime
they want, ,n other areas Where I think the continuity and having people coming lo Englewood for this sa le
date would be more appropnate or more beneficial to the City, as opposed to having. lhe BID can have it one
time, but we are not really limiting it lo any other business . They can have It whenever they want, correct?
Several members said no Mayor Woodward sa id ,t ,s for the BID only Council Member Jefferson sa id that 's
when It got ahttle bit dicey Remember, you can have a S"!Jn in their wmdow that says sale, but you can'! have a
Englewood Cit y Council Novembor 17, 2008 Page e banner hke the BIO showed us Council Member Wilson said okay then I'll go along with Randy I'm for 1h10 but I would bke to come back to It Council Member Jefferson said I don't see this as a huge issue myself I'd be w1ll1ng to proceed either way Council Member Wilson said I'd Just like to see this get moving for good CounCJI Member McCasun said I spoke wrth Ted Vasilas I explained my concern about it If I was a business
owner either south orwesl, and I couldn't hang a flag and I couldn~pn the BIO, because we don't have one 111
our area, I think that ll's unfair As a small business owner, why because t can't get into the BID, why am I
g01ng to I'm a part of Englewood I want Eng lewood lo survive as we ll as everyone else. I have an 15sue with
lhal So we are Isolating the 810 and that's rt That's Englewood for you Ted told me thal he would be w\lkng
to have the Board of Directors to come and have a Study Sess10n with us and I thought tha t we couk! talk about
th15 I really have an issue with this
Council Member Wilson said where are the other business peop le lhat have an Issue with It? Counclt Member
Mccaslin said I'll be honest with you, I don't think they know 1'1t bet 1f I go walk the street. . I wish I had the time
to go talk to some or those business owners
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Mayor WQOdward said wail . going back lo ... we do have the BIO on our 11st to come forward for a Study
Session Council Member McCasl,n said thank you and I do appreciate that Mayor Woodward said but going
back to what John initially said was that we did discuss It at our last meellng about narrowing this down To
provide for the immediate need and the immediate request of the BIO and that we would ... and I think that most,
if not au of us, understood that we would come back to this again and discuss U and try to gel it narrowed down
to something probably In a Study Sesston, where we could really discuss all or !he different pluses and minuses •
of any type of arrangement and then start putting 11 together to bnng 1t forward 1n something revised
Council Member Penn said I agree with you Bob. I really agree with you, but I think we need to get this through
so lhal we can gel BIO going and then it could be a showcase for other companies to come and say hey , you
know what, I kind of like this and have that discuss10n later on But we have to gel II started, so that something
happens.
Council Member McCashn said so are we going lo wait around for other businesses to complain about 1t before
we do something about It? If we do this, I want It addressed I want 11 addressed as soon as posslble I don't
want lo wait and see Like Jill said, where are the people south and west? Weff maybe there 's not a concerned
about them but Mayor Woodward said I think we will address it We can get 1t on the agenda, get rt going right
away but I think. Counctf Member McCaslrn said 11 you do tha t I'm willing to go with It 1f you're w,lhng to
address It
Counc,I Member Penn said also I think thal 1f we do go that way Jrn, and I think that's the way we need to go, I
think maybe we send out a note to, .. or however we can convey this to some of the non-BID members so that
we can get some of thew suggesttons also
Council Member Moore said so your honor, for the sake of being exped1l10US on this par11cular issue. I'll make a
molton that we take the first two sentences of opUon 2 and the third and final sentence of opt,on 3, Which simply
just adds, essentially, the Crty Managefs discretion and use that language for the Councd BIii
Mayor Woodward asked If I could just make a fnendly amendment. and add 0 bus1ness' Sa turday, so d that last
Saturday ends on a holiday .. Counc,I Member Moore said I'm sorry I'm finding 11 so whal's the ... Mayor
Woodward said such flags may only be flown on the last "business· Saturday of the month Council Member
WIison said so are you saying that 1f there was a hohday •. Council Member Moore said so kke 1f Chnstmas Day •
was on a Saturday Mayor Woodward said correct Coone,! Member Moore asked d that was a legat term So
the Idea 1s lhat 1f Chnstmas was on a Saturday , so the stores are closed on Salurday. how would you say the
Saturday before? I've not heard the lerm of "business· a non-Saturday holiday Mayor Woodward replied well
I guess I've used It many hmes 1n leases There were several okay's from the Council members Mayor
Woodward said Dan , you're the legal authonly City Atto1ney Brotzman said you can do 11 one ol two ways, you
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Englewood Clly Council Novombor 17, 2008 Pago 9 can either do 11 this way or you can simply say the very lasl senlence. which ,s manager or des1gnee lo back 11 up Mayor Woodward sa,d or accephng holidays, in whtdl case II would be the prior Saturday, and 11 gets wordier Council Member Moore said I'm fine with the proposal whaleve, ti 1s however we best accomphh that Council Member Jefferson satd I'm not even sure like you said, maybe lnal the edit ,s not even totally necessary your honor If the City Manager does reta,n lhal authonzat10n to designate other days, or do you think thats still necessary? I don1 know Council Member Wilson said would they have to come to the Ctty Manager though and get approval for than Several Council members said yes Council Member Wilson said so that, lo rr.e. would be like an extra step so If ti Is already specdied Councd Memb£r Jefferson said thats
true but couldn't the City lvianager proacbvely approve a day? Mayor Woodward said the City Manager has
other things going on City Manager Sears satd just so lhere·s nOI an ,ncons,siency and that Is one of the
assets w,th the BID actually promoting that. because they have an assoctallOn that then works in conoert with
each other so we would not fUSl say one business gets 11 up and the other doesn't gel il It has to be 1n a
consistent manner But I would see us worlung with the BID to come up with that schedule for what that
consistent manner would be That's how I would perceive approvlng this Council Member MOOle satd plus. rt s
possible that they don't want to take that Saturday off, I mean, typically, maybe they re closed Christmas. but
lhey think 4" of July ,s a great day, If ,t fern on a SaturdJy so Mayor Woodward sa,d I guarantee that lhe 4" of
July would never be the last Saturday or the month. Council Member Moore said rather than ltmlling lhaL
maybe just the C~y Manager's d1scre110n WIOUld be enough I mean. that would be a reasonable request lhal
came in .. the BID comes ,n and says the final Saturday doesn't work. can we JOSI move It up, for th,s reason?
Counctl Member Jefferson said I don I think lhal's too much of a burden on them because they are 90"'9 to
have lo look "1!0 when they are going to have lhelr sate days, at least a couple weeks ,n advance.
Council Member McCaslin said iust to clanfy things. If you read this letter, dated November 12• Ted even says
that the BID Is not against the idea of any other areas using a flag But the nag they w,s~ to u,-"as designed
with the Idea of being ldentlned with their BID area I hke thal I want them to be ldentiftet' .;: !!tb:r !!ID. because
there are seven to eight businesses But he also agrees w,th us that we shou ldn't be excluding throughout the
City So. I don't know where our discussion 1s going to be /Ve we g01ng to wart unlll people complain? Council
Member Jefferson sa,d I'm willing to open 11 up to the rest or the City, personally Mayor Woodward satd we can
start ,t pretty dam quick Bob and start the d1,cuss10n real qu,ck Counc il Member Mccaslin said why wouldn't
we open ii up now? I mean the BJO 1s not against it. CouOQ Member Jefferson s11d who else ,swilling lo open
11 up now? I'm will,ng 10 open ,1 up. Council Member McCasl,n said I don't know why we wouldn't open 11 up,
Just to make It f31t I don't see why not
Council Member Moore said there are issues about 1f you open this up we have not used this lorm or
advertising across the City unltm,ted 11's been something that's been proh,bIted In the past If we are going 10
open ,t. I think we have lo consider all of lhe aspects about doing It Havmg flags al every business 24f7, 365
days a year II requoes careful consldera!Jon. The comprom ,se ,n front or us was lo get this one Issue dealt
with and allow us to lake proper bme on the broader issue This ,s what was pul m front of us If we are going
lo reopen this whole d,scuss,on. then I know I need more 1,me to consKler all of these ,mpttcal,ons, because th,s
Is something we have p,eciuded m the past So 1us1 to make 11 a blanket new form or advertising that we
support that's why I agree. personally My lake on this was that there was an urgency with this to rac1lt1ale
Council acting quickly This ,s the one lhIng that we could all agree on Let's gel this done Let's get the
broader ,ssue on a Stuldy Sess,on topic, rather lhan reopen lhts whole debate and do ,1 again tonight Counctl
Member McCashn sa,d what you're telling n e ,s ,rs alnght even lhoug~ we haven't looked ,nlo ,1 as al the first
reading we do, ,rs alr,ghl for the BID. bul no1 for anyone else I have a hu3e issue with lhal Coundt Member
Moore said because we have a vPry langib~J request In front of us Very specific This ,s what we want lo do
This 1s when we wanl to do II and we've al. agreed that thal Is okay What I don't know Is how far you keep
go,ng when does ,t slop being okay? This we can all narrowly agree 1s okay Let's gel this done and then let's
move on and have careful dtSCUss,on about the rest of rt Counctl Member McCasltn said what I don'I
understand. why Is 1t okay for the BID, but nol l0t anybody else in the C,ty? That's where I have the disconnect
Mayor WOOdward satd I think what John 1s saying ,s that 1f we. we as a Council have the opportunity lo dlSCuss
such things as logo on their whether ~ ,s a shopping cenle<. shopping center assoc,at,on. 11 11 Is a pnvato
bus1nes~ There are plenty of lhmgs l hal expand into this in my op1mon the he,ght of this Thal SOf1 of thing I
know there's a flag flying nght now ,n O,sl11<:I 3 or a pennant Iha! does not even meet ADA requttements much
less C11y Code and ,ts a hazard So. some of those things have to be I think ,s what John wants 1s to gel a
btgge, p,cture, viewpoint ol l hal Righi now. during this season right now nobody else has come frrward w,lh
Englewood City Council November 17, 2008 Page 10 this. The BID 1s the only one Whal I am seeing and I lh1nk what John Is seeing Is the people that are pulling lhe agendas together. we will gel lh1s on the agenda We W111 get, t thank, what you want the City . bul 11 ,s going 10 be ,n a lhoughl oul manner and I would assume probably things like Dan and Gary Council Member McCashn said see 10 me tt sounds like a double ~•'9at111e or whalever you want to see We want lo be able lo lh1nk 3boul al bul ,rs alright for th,s group of people lo do 11 and I'm going Couool Member Wilson said but they spec '•ed exactly what they want We know exaclly what 11 is go,ng 10 look like We have specified size Council Member Jefferson said we all agreed rt's a good Idea Counc,t Member Wilson said yes
Because I thank they are broader pictures We would want 10 see other logos lo make sure they are appropnale
I mean we know what their nag 1s going to looll fike So we can move foiward on this and maybe 11 will catch on
where other businesses will come and say hey, what can we do or help with logos or somelh11VJ But, you want
II to be appropnate. Mayor Woodward said I really hope 11 calches on, because I1Is such a powerlul branding .
economic branding type of thing. Council Member McCashn said if~ os a branding rt should be the City of
Englewood, not a certain I mean I'll vole for It, but because I want BID .. I mean I want the City to survive I
want us to be a very fruitful as much as we can I )US! th111k we are leaVJng people out To me, it IS almost
unconstitutional when you talk about other things ii would be like me saying okay In one area we are going 10
allow pit bulls and the rest we are going to, but we are go,ng to try to see 1f rt works ,n th,s area and If it works ,
well maybe we'll expand 11 Council Member Wilson said well then we'll also have to get nd nf the sandwich
boar~, that they are selbng up ,n the middle of the sidewalk. I mean there are things that people are already
doing Council Member Mccaslin said I think we are only addressing ftags on the last Saturday of the month
It's the same sale Council Member Wilson sa id do we want to have any say about how they IOok or logo?
Council Member McCaslln said you know to me it's lixe and I managed an ice arena I'm going to try lo give
you a scenario where we had Ice skaters and hockey players going lo for the same amount of Ice The loudest
voice got the most ice Or the ones with the most money got the most ,ce t,me . Some of the other people
suffered. I didn't think that was fair I still don't think that was fair And I don't know how to make h more fair , If
t had a business either south or west that I could put out a sale s,gn. and we are try,ng to promote the Coty of
Englewood, on the last Saturday of the month and I can't put a sale sign up I Just don't understand 11. You
guys have told me that we are going lo try ii, that this Is kind of a pilot program and I'll go Into II. but I re~Uy have
an issue with It So I'll vote yes, but t really want to I really want us to bring this up again
Mayor Woodward said okay I am going to remove the fnendly amendment lo your amendment utilizing
business, so Bob did you want to second the amendment?
Council Member Jefferson said I'm sorry One other qU1Ck housekeeping item was the difference between 1
and 3, ul1l1zlng both sides of the Oag ... us ,ng the sa le term on both sides Was the BID's on both sides? t don't
even remember Mayor Woodwaro said the BtD's was on both sides Council Member Jefferson said do we
need to specify both sides? City Attomey Brotzman said they re-descnbe the flag, so you are gelling the
specdic size flag with a limrted amount of so you can advertrse on both sides The original one the first one
Is actually a bigger flag , but the way the UDC worked, tt was a b,gger nag There is only so much
advertising Council Member Jefferson said sure I'm Jus t saying ,n our new ordinance here, should we say
both sides? City Attorney Brotzman said 11 does Council Member Jefferson said I thought you were taking lhe
first two . I thought John your amendment was . okay I apologize Councol Member McCaslin said can you read
lhe whole amendment Councol Member Moore said rn do that Just 10 be clear. So on the bollom or the first
page, I'm going lo take the first two sentences 'flags of City approved Business Improvement Districts
p<OVlded the flags dJSptay only the name, emblem and/or logo or the organization and th e term sale today, but
no Individual business names Such flags are lim~ed to lh<ee feet by four feet but the emblem anil/or logo and
sale today term are perm1lled on both sides of the flag • Now from there I Jump over lo the option on the next
page and steal the f111al sentence 'such flags may only be flown on the tast Saturday of the month or on such
other day as authorrzed by the City Manager or deslgnee • That's lhe motion
Mayor Woodward asked If there was any further discussion
Council Member McCaslln said I 1ust want to be on record that I'm not against the BID I'm nol against any
business owne, ,n Englewood I Iusl hope lh1s doscuss,on goes further than this
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Englowood City Council November 17, 2008 Page 11 Council Member Jefferson said and I'll say aga in that I'm more than happy to extend the same privileges that the BID has, In many ways, on s,gnage and stuff like lo extend that to the rest ol the community I think lhal's fair I m more Iha,, happy lo WOik on lhal 1r1 the future Mayor Woodward 5.'lld I think we are all kind or the same mind there ll's how to get there ll's shaping It Councd Member McCashn said and that ,s kind or what bothers me ,s we're doing 11 and we're saying now we're
going to shape It and see what maybe this 1s the way we Iron the ordinance out, I guess Is that what you're
lry1t19 to say? This is the way we work through the bugs, bero,e we offer ,t to everyone else Is this what you
are kind of telling me? Council Member Jeffet son said I don·i think that's true
Mayor Woodward said that is not what I'm trying to say, no 1''11 !°ylng to say do we say logo, do we not say
logo, do we say we need to get 1n10 a lot or things Do they h•ve to be a cenaln color, does It matter? Whal Is
the lettering? An Optima lype of font? There are all kinds of th,ngs that you could g et Into and I thin~ thal's
what John IS trying to address Some sort of standardization that helps the branding of what we re trying to
accomplish here Now we know Iha!'$ already set up for the BID. We know It We've seen ,t, They've
presented it ll's set up.
Council Member McCasbn said so basicany you're b1an:J,~ t:.1D right now You're branding BID. We're not
branding Englewood . Mayor Woodward said we're not branding 2nythlng. We're having a sale day. Until we
have all of this other ... and it's going on every Saturday. that's when branding kicks In Counc~ Member
McCashn said you keep us,ng the term BID though We're branding BID, because we're not branding any other
pan of Eng lewood . Mayor Woodward said wel l, unlit we have cu; m1,eting and go lorward .. Council Member
Mccaslin said okay, I just want to make it clear
Mayor Woodward said okay . Any other discussion? There was none.
COUNCIL MEMBER MOORE MOVEO, AND COUNCIL MEMBER JEFFERS.O'. ~'ECONDED TO AMEND
AGENDA ITEM 11 B II) TO READ" FLAGS OF CITY-APPROVED BUSINESS IMP,ROVEMENT DISTRICTS,
PROVIDED THE FLAGS DISPLAY ONLY THE NAME EMBLEM AND/OR LOGO OF THE ORGANIZATION
AND THE TERM •SALE TODAY", BUT NO INDIVlOUAL BUSINESS NAMES. SUCH FLAGS ARE LIMITED
TO THREE FEET BY FOUR FEET BUT THE EMBLEM AND/OR LOGO ANO "SALE TODAY" TERM ARE
PERMITTED ON BOTH SIDES OF THE FLAG. SUCH FLAGS MAY ONLY BE FLOWN ON THE LAST
SATURDAY OF THE MONTH OR ON SUCH OTHER DAYS AS AUTHORIZED BY THE CITY MANAGER OR
OESIGNEE.
Mayor Woodward asked ,r there was any discuss,on There was none
Vote results on amendment:
Ayes
Nays :
Molion earned
Council Members Penn. McCaslin, Moore, Woodward. Jefferson,
Wilson, Oakley
None
Mayor Woodward asked ,r there was any discussion.
Mayor Woodward said I have one quest10n I guess for Dan . Dan, whO enforces this under Tille 16? City
,,ttorney Brotzman said actually Communily Development works with the Police Department on enforcamenL
Mayor Woodward said okay I had mentioned It at the meetlng bero,e and ra menlion It aga,n tonight Broadway
needs some police enfo,cement on s,gnage
Vote rc,utts on approval of Council Bill No. 69, as amended :
Mot,oncamed
Ayes Council Members Penn. McCaslm, Moore Woodward, Jefferson,
Wilson , Oakley
Nays None
Englewood City Council Novr.mber 17, 2008 Pago 12 111) Counc,t 8111 No 78 authonz,ng an amendment lo Tolle 16 Unified Development Code eslabhstung an exceplJOn 10 the m,n,mum IOI Width and atea requ•emenIs lot subd,vosoon of p,openoes ,n all R-1 Zone D1s1ncls was considered COUNCIL MEMBER OAKLEY MOVED, AN D COUNCIL MEMBER PENN SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ii)· ORDI NANCE NO. 71, SERIES OF 2008 .
ORDINAN CE NO 71 SER IES OF 2008 (CO UNCIL BILL NO '/8, l"ITRODUCED BY COU NCIL MEMBER
McCASLIN)
AN ORDINANCE AMENDING TITLE 12. CHAPTER 2. SECTIO., ,. ~.•BSECTION B. OF THE ENGLEWOOD
MUNICIPAL CODE 2000 REGARDING SEWER FEES A"IO C~RGES
Mayor Woodward as~ed If there was any d,sc:uss1011 There ..-as 'lone
Vote results:
Mellon carried
,,yes Council Members PeM. McCashn. wo,e Woodward. Jcffe,soo,
Wilson. Oakley
Nays None
(c) Resoluloons and Moloons
(I) A resolullon eslabhsh,ng the annual salary for the City Manager was considered
COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER MOORE SECONDED, TO APPROVI:
AGl:NDA ITEM 11 (c) (I)· RESOLUTION NO. 81, SERIES OF 2008.
HESOLUTION NO 81, Sl:RIES OF 2008
A RESOLUTION ESTABLISHIN G THE ANNUAL SALARY FO R TH E CITY MA NAGER OF THE CITY OF
ENGLEWOOD, COLORADO
Mayo r Woodward asked ,f there was any d,scusston There was none
Voto results:
Mot,on camed
Ayes Council Members Penn. McCashn . Moore. Woodward Jefferson
w,tsnn , Oakley
Nays None
(I,) A resolution estab:,sh,ng ti ~ annual salary for the Coty Attorney was considered
COUNCIL MEMBER PENN MOVED , AND COU NCIL MEMBER OAKLEY SECONDED , TO APPROVE
AGENDA ITEM 11 (c) (II) • RESOLUTION NO. 82, SERI ~ riF 2008.
RESOLUTION NO 82. SERIES OF :
A RESOLUTION ESTABLISHING THE A Al SALARY FOR THE CITY ATTORNEY OF THE CITY OF
ENGLEWOOD. COLORADO
Mayor Woodward asked 11 there was any d,scussoon There was roone
Voto results:
Ayes Councol Members Penn McCashn Moore. Woodward Jefferson.
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• Englewood City Council November 17, 2008 Page 13 Wilson ' Oakley Nays Non e Motion carried (JO) A resolution establishing the annual salary lor the Mun1C1pal Court Judge was considered
COU NCIL MEMBE R PENN MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (1111 • RESOLUTION NO. 83, SERIES OF 2008.
RESOLUTION NO. 83, SERIES OF 2008
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE
CITY OF ENGLEWOOD, COLORAOO
Mayor Woodward asked If there was any discussion There was none.
Vote result.I:
Mo110n carried
Ayes· Council Members Penn , McCaslin, Moore, Woodward, Jefferson ,
Wilson, Oakley
Nays· None
• 12.
(a) Mayor's Choice
General Dlscu11lon
•
(I) Mayor Woodward said I just want to mention that I know a number of us attended the
E:nglewood Education Foundation's Fall Fling on Saturday evening, here at CltyCente· I think it was probably
the largest allendance ever. Hopefully they raised money. This supports the Englewood schools and It also
supports scholarslups and teachers, so It's certainly for a good cause.
(1i) Mayor Woodward said I just want to address Matthew Two waeks ago, at the meeting.
you had mentioned Littleton and their late meetings; two o'clock. one o'clock Election night, which was the day
after that meeting night, I was talking to Peggy Cole, who is a Council membef at Littleton, and I menboned to
her that I understand 1hal you have pretty late meebngs. She klnd ol glazed a bit and then said wel not too bad
I said, wen two o'clock? She looked at me and said two o'clock? W6 don't have any until two o'clock Well I
said one o'clock? She said no, I think th e latest meeting we've ever hacl was a quarter to twelve. Now she's a
new Council member and that's the latest that they have had We continued on, discussing Counc~ stuff,
formats and stuff like that, and one of the things that was pointed out w. s that they don't have a Study Session
before they have a Counc,I meebng like we do. And so, when we were .~lk1ng about being drained or feeling
like at 9:30 we need to take a break, they haven't had anything prior to that So typically they would call an
Executive Session after Council meetings and go rorward there So for the record, I just wanted lo .larily that
that in the last year. at least since Peggy has been there. they have had no later meetings than what we have
had and their Study Sessions are at different bmes Sometimes they have their meetings, hke was reported by
the press. where two members show up to entirely separate meetings.
(iii) Mayor Woodward said I would like to congratulate the calendar artists I realy enjoy
the calendar and I gel comments from ,I over the country on our calendar, on what a nice piece of W!lfk It is
(b) Council Members' Choice
(1) Council Member Penn
He said I happened to attend the meebng after the Englewood Transportation Authonty .. I went to the
meo,~•I district presentation that they had he re Community Development . It was an excellent presentation. I
Englewood City Council November 17, 2008 Page 14 would say 95% of the infonnat1on they got back was really pos1t1,e John did a great Job presentJng and 11 was ,ery weU done I don I ~.now how many people they had on VJednesday, but Thursday night they hBd probably about 25 people So, 11 was a rea lly good presentation 2 He said the Fall Fhng all ol the people from the City of Englewood that helped with the Fall Fling the people who helped set up for tile Fan Flmg for the Englewood Education Foundahon 11 was tremendous The auctioneer was outstanding II was really good and, hopefully. we can continue doing that and continue worlung with Englewood Public Schools
3 He said to all of the young artists that's one thing that I never had any talent In al all was an They are
to be commended Again. I hope ii expands I would love lo see an Englewood High School student on there
one of lhese days Maybe with Sean here we can do that Hopefully that happens
4 He said Chamber news The Chamber ,s coming around We have a holiday party on December 12"',
al the Alexan. from 5 10 8 We truly need support II 1s not rust for Chamber members Hopefufty people
understand that If you need extra mvrtabons, I will gel those to you We would like to lnvlle every Englewood
bu siness tha l we possibly can to get to lhat party II ,s a great soelal evenl We have some good people
sponsonng ,1 I would hke to request that the Ctly of Englewood be a sponsor for the holiday party and I'd uke lo
request $1 ,000 00 We do have over SS,000.00 In our budge! for the Chamber that we have not spent yet this
year. so there ,s shn money there. I checked. Mayor Woodward sa,d Just to clarify thal. There was S2,500 .00
for the Tasle of Englewood , which was Englewood Days, which last year and the year before was Englewood
Days And then there was an add1t10nal S2,500.00 for service awards. Council Member Penn said I think this
would help, not only just the Chamber, but ii will help the whole comrnunlly of Englewood We get people
together, get them networ1<1ng
COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO DONATE
$1,000.00 TO THE ENGLEWOOD CHAMBER OF CO MMERCE HOLIDAY PARTY.
Mayor Woodward asked If there was any discussion
Council Me,1ber Jefferson said what was ~ you said? MayorWoodwand replied $2,500 00 that was nol spent
for the Taste of Englewood, Iha! was Englewood Days and then another $2,500 00 that was appropnated by
City Council out of the City Council's budgeL It was not expended and the other one Is for the servi.;e awards,
which happens al the gala. Council Member Penn sa,d bu t the gala. we did not do the gala We Will be doing
a gala In 2009 though Cound Member Jefferson said I thonk ,t Is Important fo, us to support rt and have a
successful event.
Mayor WOodward said I want lo stress what Randy said. This Isn't 1ust for Chamber members this year This
Chnstmas party is for all of lhe business commor,ity Within Englewood I hope, maybe, if possible, we could
even put ,t on the webs,te as the Englewood business Chrl~tmas party
Mayor Woodward said ,s !here any olher discussion on the motion?
Council Member McCashn said aga ,n, I would hke to see that we are 1nclud1ng all of Englewood I appreaale
that
Vote results:
Moboncamed
Ay es· Council Members Penn, Mccaslin, Moo,e, Woodward, Jefferson,
Wilson , Oakley
Nays None
(H) Counc,I Member Mccaslin
1 He said I worlced last Satu,day, IWO Saturdays ago, at lhe leaf and Tire Round-up, the last day and II
was huge If ,t Is as b,g as It was this year next year we are going to need mofe volunteers There was kke
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Englewood City Council November 17, 2008 Page 15 four of us We had a mountain II was so high II took "s five hours 10 move It and I guess, KEB , even after lhe truck left he left around 4 30 p m there was still people bl,ng,ng them and dumping them on the lot So, Commumiy OevelOpment had 10 go get another dump truck, the nex1 day II was huge I am gomg to be asking for an of your support next year Thank you 2 He said I do want to send my condolences to lhe Code officer. and I don'I know how we can do this o the City of Aurora Bemg on Code Enforcemenl and know,ng how tough that )Ob Is, that we don't realize I JUSt
wish that !here wa~ ~ way that we could send our condolences lo Ute City of Aurora Whal happened wa, very
tragic that someone In their line of duty .. 11 was sad, a very sad lh1ng
C,ty Manager Sears said, In talking w,th Chief Vandermee, we are sending the Code Enforcement people le tne
funeral. along with two of our swom olficers I know we've been In conIact with them over there. Maybe Oepuly
Chief Co llins could relay that Chief Collins Is there anything thal you want lo add 'o that comment? Crty
Manager Sears continued that t know lllat we've had our own people rneel with our vlCbm's ass.stance people
and Wlthm the police department to discuss alternatives assoc,ated w11h where we are and how we approach
things He said Chief tf you would like to add anything
Deputy Chief Collins said I agree with you and you are oorrect There are" number of people attending the
funeral tomorrow. We addressed the Issue wrth the Code officers t1or fi•~t thing the next momIng after the
incident, because we anticipated, and correctly so, that they were • -n~llonally upset over it They raised some
concerns abo11t what can happen to us. So we will sit down and a Jrcss t 1ose concerns and see what we can
come up with Counc~ Member McCas!in said I appreciate lllat .. thank you so much
3. He said I also attended the Fall Fling and spent quite a lot of money, just to help the school district
Thank you for showing up Gary. Jim, Jill and Randy We, and I'm saying that because my wife's part of the
admm1strabon, and It really helps the school d1slrlct. So thank you .ary much ea, •,cd Member Penn said I
believe they gave out $96,000 00 last year to students and teachers.
(Iii) Council Member Wilson
1. She said the party for the foundatton was very nice on Saturday
2 She said I also attended StMgs Attached ann it w ,s ucellent They had twice as many people they
had set up chars, I believe , fOl 250 people and ove, 400 .,. ,ct .a-.io You had parents danc,ng You had
brothers and sisters dancing The music was great Peupl, ,,do 'Nd They were selling t•sh1rts. Very well
attended Lots or pictures parents taking pictures I was talking with Sean. the supenntendent, and It was
truly, s,gnif1canl of being part of the commuMy working together, doong something fun and the families were
111volved. I reaay en;oyed ~
(1v) Council Member Jetterson ·
He said I just wanted to again congratulate the artists, and congratulate Leigh Ann for doing a great )Ob
on this calendar It does Iust seem to continuously Improve and this is just fantastic. It gels a lot of Information
out there
2. He said to Doug, hopefully we can work on doing something for the 100 year annrversary It's a tong
t,rne to be tn our community I appreciate your commen'ls on the 50 foot and Board of Adjustment and Appeals
Hopefully, we can consider those as we go forward
3 He sald Jerry , I think you are nght c ,JOUI Flood Middle School I think the board IS well aware and
trying to make sure that they do the nght tr J for the City and get something that will generate some money for
the City there
4 He said Matthew, I would agree that generally our public comments system mayt-can be re-evaluated
I think that Bob, you had made some comments that maybe this kind of concerns you as v,ell Perhaps we can
throw that into a Study Session in the future, where we can discuss how we can be a htUe more
Englewood Ci t y Council November 17, 200 8 Paga 16 accommodaling to some people who come 1n and try lo have a conversation .. ,th us and may be l\Jmed off by lhe facI lhal they may have 10 wait a cou pie of hours 13 Ci ty Manager's Report (a) C~y Manager Sears saia I Just wanted to remind Counal lhal we ate doing Englewood Shines Carol McGu,gan Is working aW11y on that Wllh the tree lighbng. We WIii be gMng you more infoonaI10n. along with our staff, aboul that evening and the activ,bes lhal WIii be associaled With lhal Mike, is there anything that
you woukl like to add?
Deputy CIly Manager Flaherty said 11 w,11 be on Salurday, December 6" and I lh1nk the start time for the evenls
Is around 4 30, w1lh the lighting and the fireworks al lhe end of lhe event approx,malely 6 00 Again we w,U
have, as Gary sai d, additional Information on lhat prior to .. probably in your packels lhis week
14 City Attorney's Report
City Altorney Brotzman did not have any matters lo bring before Council.
15. Adjournment
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT December 1, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS
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COUNCIL COMMUNICATION Dale: Agenda 11cm: Sub jecl: Oecembt-r I, W08 q cl I A 8111 1or an Ordinance rem o, ing or amending ,ec11ons of 1he EMC Pcr1,11mng 10 Massage ThcraP\ lnilial ed By: I Slaff So urce:
Depar1m~n1 of Finance and Adm,nislrall\ e Services Frank Gryglewicz, Director
COUNCI L GOAL ANO PREVIOUS COUNCI L ACTION
The Ci1y Council discussed thi s issue al lhe study session on November 24, 2008 and d11ec1e ' taff
to prepare a bill for an ordinance deleting Titl e 5, Chapter 5, Massage Thc r Jpy, from ,~ fng1t,, 1,.,;d
Municipal Code effective April 1, 2009
RE COMMENDED ACTI ON
Slaff recommends City Council approve lhe atiached bill for an ordinance that removes or amends
sections of 1he Englewood Municipal Code pertaining to massage therapy effecti'. c April 1, 2009 .
BACKGROUND, ANALYS IS, ANO ALTERNATIVES IDENTIFIED
The State of Colorado , ,s deemed regul ating mas,age therapis ts to be of statewide concern. Per
12-35·5· 118 CRS, "Nu CII)', county, city and counly, or other political subdivision of lhls Slate shall
enact or enforce any loc.il o rdinance that regulates the praclict> or profession of mas5,1ge therapy."
This "ill go ,nm ettect on and after Aprn 1, 2009.
To ensure unhormily m hc,msmg, persons wishing 10 practice massage d1erapy in lhe State of
Colorado must be registered with the Department ol Regulatory Agencies (DORA), Oiv~ion or
Regislratiom
Senate Bill 08-218 sets 1he minimum educational and training slandards for persons 10 be registered
massage lherapists, including
• A 111 lnhmm1 ol 500 hours of education and training from an approved school.
• Pass one or several offered examinations
• Submit lo a Cnm1n,,I History Record Ch ecl
FINANCIAL IMPACT
Dele1ing 1h1s 1icense from 1he Englewood Municipal Code will reduce revenues by approximately
$6.500 annua ll y.
UST OF ATTACHMENTS Prop~ed B,11 for .,n Ord,nar,cP •
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ORDl'l:ANCF Ml SERIES OF 200~ 13YAt:rllnRm· C:OUNC!L BILL NO, 80 ll'ffRODUCED RY COl ':'ICII MEMBER ____ _ A B!LLFOR AN ORDINANCE AMENDING TITLES, BY DELETING C'IIAP1. • AND AMENDING
CHAPTER 8, SECTION G, OF ms SNGLSWOOD MUNICIPAL CODS 2000, PERTAINING
TO MASSAGE THERAPY
WHEREAS. the S101e of Colorado has dccmcd regulatong massage therapis ts 10 be of sta1cwide
concern; and
WHEREAS, ll-35-5-1 IS CRS ll3S bc,:n amended 10 read "No cny. couniy, city nnd coun1y, or
01her polilical sulxliv1sion of 1his State shall cnac1 or enforce any local ordinance tha1 regulates the
practlcc or profession of Jl\11Ssage therapy" effce1ive on and after April I, 2009; and
WHEREAS, 10 ensure uniforrnily in licensing. persons wishing to practice massage therapy i.o
1hc S1ate of Colorado, mnst comply with the Dcpanmcnl of Regulatory Agencies (DORA),
D1,>is1on ofRegis1ra1ions S1a1c Rules;
NOW. THEREFORE, BE n ORDAINED BY THE CITY COUNCIi OHHE CITY uF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~. The City Council of the Cny of Englewood, Colorado herby authorizes ame;,ding Title
5. of the Englewood Mun.icipal Code 2000. with the dclclion ofChapler S in its entirety as follows:
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~. ll,e pYfjl0Se efll1i8 C:heph!r lhe fella, i11g detteili0AS apply • •-r•: .•.11~ 11,e1hod or pFetiSYR! UH OF lfleueA agamsl er otml,1t1g. lm0ftdi11g, NheiAg, 1eppi11g.
po,,ndieg, .. ieraliAg or &lilm•l•liRg ef 1he l!illl!Allll seA li&SYO orthe llod~ •ill, tho h&Rdo er Olh8F
p;,As of the h•m•• liedy er oui1h 1he 01d ore11y meehonieel or •lee1rieal op1••Ml11s or applie110e,
with or 1o11he•1 &Yeh 61tppl e1111nlllf) a,ds lfi A1bbieg 11001,ol. h111mools.1•11septi8a, mis, po 1·der,
o,eame, le1i011s, oi111me111e o, 01her slmiler prepera1ieos •&ed 111 lllis r••e11ee
!hssAge+hl!filpist: A peRM!R •he hae t1Ad•a11<1 from• message 1herop;o &ehoel aoered11ed b)
1ho eleto odu .. 1ionol board er d111isieA eha,ged • ith 1he respe11!libih1~ efappw·~og pA 'BIO
oeS11pRlieP,el sehools, ar lica11, • seheol ·y11h oomperohle app•e"al or aooreairn1ien fro,.; ana1her
e1010 • ilh 1Fl!R511Fipls i11di11111ing oe,nplelieH ofal least (iue hlffldrod !SOOl h ,..,., .,r IRliRiHg m
AIOSSOge lhompy, ~Of the P•fllOSOS ofthie Chap le,. 8 HIB55ilg@ 11u,rep;o sel1eel 11111) inel•d• BA
"I"' ,aleney prag<&ll\ apprnuee by !he Stel e 0011581101!81 eoar.l or d1uisiell ehe,ged • •ilh !ho
resp8H8ibilill' era~pr.iuing pri 'Ill@ e•••11a1i0118I sehaols
bieensed Pr•oo~: 'R,e pFBR!.15'!5 speeilied ia &• appr.i llil applieouee fer e lieeHse •11der 1h1s
Cl1epll!F 1h1eh is a, 11ed e, in 1he pnssessiee ef 1he llee11see 1111d wi1hiA u•hielu•eh lieen,;ee is
l
.,,lk,••17 •J h cilff' II th • f 1,1e11,, ,'I n1,c•~~-1he1 .. r: l F ... ,, < f•~·-I ft I the .,~ """ •8• ,h,rar: . l◄ao,a~• l li<Far: Chll1 0· ,\n) est•hh .,lm,ciu • >Iler,"'') J'cFSeA. ~nn. r •. til<f. 11111. ••· ee,a11e,1, r ~11nn e11ga_g:eu m. L1Rmt.,f t•n Ar 1,eHn1~bi! e11i_:!a~i::d in er oe~ied, n RUY 1•f1ht1 mllP 1t1t,., t+Htler th~ t:leAmtion e,f "meb.sll~d" m 1h11 Chap1eri
It shall be Ynla,.·illl fer BR!• pers01, 10 effer or perH!FRl a 1Hassage fer ••Y lee er "'mm1emt10• nf
Oil) J;iod ••e ii sllall be YHloo•fd l 10 0pe11111 • lllil,;,.oge therap:• elin,e in the Git) ef 6Rgle,·eed
, uhe•t l1rs1 oh1a1rnag a lieeas• le••••h ooh ·•t) BH"l'I fer Ille fella "'"!! elassN efperseRs:
,\ Ph1·s1eiaes. oS!eel"'lhs, ph)'sieal 1harap1s10. ehi1epedis1S. pedio1r,01s. er ohir,praoien;
liaensed in mis State. tlmr ellloes and ahnies , and •II peFreRs erl~•g i• thei, elllaes a•e
oliml!!l ••d•r 1hoi, ••peP'1 &1en a•e d1,oe1ie11.
B, llespitale 0110 all pers011s e11111l01ed by 111s1i1•1ie ns &!18 es1eelish,nen1s lieo11sad by 1110 Ste'.O
as hespilals hile peffenninl! 1haiFY5YDI 0•1ies ,«i1hi,11he hespilel er ins1.i1y1ion se
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G. Reg-ist@f@Ei ntJf!.ies and lieo,,sed praetieal nurses fJSFfa FFAing lflllSBOt;e ser •1ees in l:lte eeyrse
eflheir •s•el RYFSIRf! d•til'!I.
Q . Gesme1ale~••• ... d hefh@fs dYI) lieons•d ~,.der !he l;1• ef1hi -S1J1•e . oe1in11 m 1ho eay,a;e
aflh•i• llSllfll dYll@s as ees1ni!lel eg1s1< 1•d haFl!el!l.
b, Trainers ef a•: ff!aeg,1,;.ed HIHillOUF, semi p,efos:lienal. er pre~,101101 ethleu PF a1hle11e --
F. Ae•p•••11tFis1s lieeRned h~· !ho SIMO ef C'elArade ,,e,Hinrnng 1110,,age lherap) se,,,.ee,; '"
1he eeYFSe eftheir •••Al duli•s es ae•~-
G. ~tlftti!lilinnere lieens ed 10 perfem, reAe11el01:Y u1""'"'4l,i,;
C'ede. "'""" li111i1i1111 t➔1ei r 1,rnoiiee 10 ,eAe•eleg) 11s dolinod in Ihm Till•.
~: .',pplioalien fer bieense
A The apphBiltien fer e 11assag• +lmep,51 b••••s• er Hassage Therapj C'l111ie shall ho 1nad•
'" a..,erae••• ·ill! 1ho p,e•>i~•BR! efTi1le S. Gkapler I ,
B l.11 odd11,on !Ji• arrheent slWlll he A!quired le p,e i~• 1he l<,lle .. mg.
-1-. lrts•ranee R•~•i,.,d! b,eeRse l,alael!l..., ""l"'"'d 10 "'"'"'""' 1ho fell e u•1ng Jooel s ef ~-
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b . l•rc ,,f' I' r•M• s,e,ial 1,e1!1I01 IR
MpeFia1rnt &s 8 ll'RS58ge lfle 1:lte ef1r,1s o, her adtteation ood • Fi1p1sl,
+he epplilllRl mu5, p,e iile oon1ple1e du,eles
+o eh 1ein • > lese•g • Thorn jsl4,w . M&550g• +flef&pj' Seh9BI e:eroflill:•~; :~• ;ppl•ee;:1
IAI~ "•"• greduetooi ffeRHI
eh<ugee ·1•11h the re5peesihiht . era ,/ 181.~ lo uealleA•! 8oard er di, isien
selleel willl eon'l'•"'hl• app,.;•al e ppre :ig PA "'" e1awp111enal seheel1 or frem a
• ,1 • ~ • Fl&8F -1lahen ft:o '-. '
ieu,eet,eg eoA!plMien efet leo5l "" h !l,ffl
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• ,qth IRIIIHRp16
lll•~Pl'• I-er 1h1 purpes~ of this Gil •·•11 •: ESOO) ho"'11 er u &ifliHg in mes&ege
•~•" eloney pregram epp•o"ee B)' ~~:~;;,• 8~95
•~• +hirepy &bhoel e111y inalude an
"'''" tho iespenell!ilil) efnppre"' .,, • •••
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~nel 8en,d e, ~'v~ ,ng pr, ete eeeupa1,enel seheels.
g CAII\IRAI 8aeli@fetlfld
+he apphBtAI 0111,11 he ·•~UIFIQ 19 h eflhe eppheetie-ilff161!56 SU A½II IB. peheo hae~gRJURd IR '<!Sllf!llb Al-fi111H'
i/,:~il~:,:~~•~~•:.~i~:::::! ~:~::li1~RS ef1ho, b,e_ense.
·•~UIFel\1:RIS shall apply p r I oflfllS T,,, •• '"" felle 'iRg additieool lioeRSOO
A. rnrp11ude ,hell he allowod 10 elllain a >4 ••• e011 •1e1ed RI• •lta.'!e n,gaod111g n>oRII
~. 895888 Th @1up1s1 01 lhssage TheR>pyGli!!ie
>lo •p~heafll 0 1th a (elPn) n,eofd 0 , he IWI> h
B. +w<l'7 l4Msage Tho,01,r CliAJe lieen;,ee-•h•I · . . ~• 14awi;e R1e1up) CliAJe •o ll tlllly~IS• '" 8 eenspiauous plaeo ,,,_ 6••11 l p01s.11S elllering the
G. ~."•'Y heensod a111ssoge lherapisl shall"°"' • Git 14 . Ii•• eenilue1111~ b11sinoos outside ef·he r d )' Msaga+heR1p161 ,den1illee110• ee,d ·180Rfi0 4~.
SlinilBI')' R.•~•1F•1111,111s : ll sball e, 111110"•1\11 fer 8 ' lo r..,110 RIOiRlRIII IAo el 1111e er rR!IIIIS.: 111 8 I R} '~•sso~e 11mn~y Cli11ie er 81>1Pffll't!t! 8 ea,~ &A se111tef) nwum@F.
Tl!• C:111 1'.ols 1ne••~• 1110.I Tille 12. Am,I• IF ? ul th· Cale,aJp R•• 1 ,,1 S,a1•1•• rh, ,tandaf\l< re, Alil!hll~• 1h•@~) l1e•tblft!!sel fi!RI, IA 1111, Cha~l•f ,,,. lflll'ftdod IP ~e .... ,e !ilRAg:l!IH titan 11,. 111i111n,u111 olilnda,Js ""' AlRh 1R T11le I~.,, R1ele IU .r,i,. CeleA!Ja Rot i,ed SlulYIOS, 11,. r••, ,sie1,s ar tlu: Cha111or shall 1he,e~j!el'~'lll~llg Sli11Yl 81)' ~ftt• i '""' '" Tulo ~ 48.5 C.R&, ~-:1.: Ctl) Council of 1he Cuy of Englewood, Colorad11 bcrby authorizes nmend111{! Tulc
5, Ch.pier 8, Sechon G, of1hc Englewood Mumcipal Code 2000, 10 read as follows ·
5-8: REFLEXOLOGY:
S-$-2: Lktnse Required.
G. Massage lhcropis1s, licensed 10 pcrfonn massage therapy under 11,is Gedo b) Li1',SlalC..ll.l
~. when pcrfonning such services in the course of I heir usual du1ics
(EDITORS NOTE: The rema inder of S-8-2, cootainll oo changes and is ther efore not
included here!
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~ Sa((lv Clau<;es. The City Council hereby finds. determines. and declares thal this
Ordinance 1s promdgatcd under the general police power of the Cuy of Englewood, that II is
promulga1cd for lht heahh. safety. and welfare of the public. and thnt this Ordinance i, necessary
for 1hc preserva1io•1 of hrnhh and snfc1y and for 1hc pro1ec1ion of public convenience nnd •
wclrore . The City rouncil further dc1ennincs thnl the Ordinance bears a rntional rclnlion 10 the
proper leg,slativ< obJccl southl to be obtained.
~ Sevembl)uy . If any r laus,. sentence, paragraph, or part of tlus Ordmnncc or the
upplicot1on 1hereof 10 ony person or circums1ance11 shall for any reason be udJud~cd by a court of
compctem jurisdictilm invalid. such Judgn1c111 shall not affcc1. impair or mvahdmc lhe remainder
of lhis Ordinance or us appltcation to 01hcr pcrsom or circums1nnces.
~'lll!. lncons1<1cn1 Ordinances. All other Crilinances or portions !hereof mcons1s1cn1 or
con0i c1ing wll h this Ord1nnnce or any portion hereof nrc hereby rcpcalcd 101hc cx1cn1 of such
inconsistency or con0ic1.
~ Elfec1 o[rcpcal or mo1hfjca11on. The repeal or moc.hftca11on of any prov1S1on of
1he Code of the Ci1y of Englewood by 1his Ordinoncc shall no1 release. cx1inguish, oiler. modify.
or chnn~c in whole or in part any pcnohy. forfei ture, or liability. eit her civil or criminal. whidt
shall h;ivc been incurred under such pml'ision. and each provision $l~,II be trcatcd and held ns
still rcmaming in force for the purposc:s of sustaining any and oil r mper actmns. sun~.
procecdtnl!S, and prosrc:u11011s for 1hc enforcement of 1he pcn3hy, lorfciturc, Jr hab1!tty. as well
as for the purpose of sustuinmg any Judgment. dcc"-c· or o rd er which can or moy be rendered.
cnicrcd, or made in such ac1 ions. su i1s. prncC<-dings. or prose<:ulions.
~. Penally, The Penal!) Provision ofScclKlll 1-4-1 EMC shall apply to each and
every viol~llon of this Ordinance
lmmdurcd. rend III full, and pa, ,,d 1111 first rc:idtn~ on !he l>I day of December. 2008.
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l'ubh;hc,J, n 11111 ,,r .m Onhnancc m 1he CU} ·s offi ,al new paper on 1h~ S'" do) of December, 200 . ruhhshcd as a Bill for an Ord1n:incc on :he Ci l) ·s offic1al websnc heg,nnmg on the rd da} of December. 100 for llHR)' (JOI do)
ATTE ST: James K. Wood ward, Mayor
Loucn shia A. Elli , Cuy Clerk
I, Lou cri shi a A. Elh s, Cily Clerk of the Cily of Englewood. Colorado, he reby ccnify 1hn1 lhc
obovc and foregoing is a 1ruc copy of a Bill for an Ordinance , inlrOduced , read in full , and passed on
lirs1 rending on th e I st doy of December, 2008 .
Loucrishia A. El lis
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COUNOL COMMUNICATION Date: Asenda Item: Subject December I, 2008 9c I A Resolution Setting Various Miscell aneous License Fees Effective January 1, 2009 Initiated By: Staff Source:
Department of Anance and Administrative Services Frank GrygJewlcz, Director
COUNOL GOAL ANO PREVIOUS COUNCIL ACTION
The Council discussed miscellaneous lkense fees at !he November 24. 2008 Study Session.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution setting various miscellaneous
license fees. The folk,wing fee Increases, If approved, will go into effect on January 1, 2009.
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cu .... nt PropoHCI luued
u.:.-,_ FN om...nc. l!atlmated Revenue
Atwnllon Fee $1 $1 s 12( s 600
M>orlst '" ~ $1 e1 s 510
~/Annual $2 $2 : s 15
Auc1JonM:n11neran1 .. , ... s s 80
Chrtatmas Tree Vendors/Season S1 S2 $1 s 30
Direct Sellers/Annual Fee NIA S1 H f $ 375
Food Vendor/Three Month l.'? $! 12 ") $ 50
Food Vendor/ s-1 Evenl S1 s $ 10
£,~•rd Inn $1[ s
Canine Breedernnttlal 12 s, !2 $ 225
Canine Breeder/Renewal $1 $! S3 $ 315
PINlnlAJJto Pawn Annual FN S1 .... S12liC $25( I S 1500
Telecommonlcallons Facllltlea $2 $5l $2 11 $ 250
Telecommunications T~ $21 $50 $21 11 S 250
Annual Fee
Trash Hauleral Per Truck -~ $7 u• 1 ◄1 $ 3 .;25
Total 313 s 7115
FINANCIAL IMPACT
• The proposed fee increases will generate $7,815 In additional revenue In 2009.
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9e1 RESOLUTJO 0 SERIESOI 1011 RF OLUTI N SETTC-G \'ARJOU IISCELLANEO LIC 'SI:FEES FOR 1111 t ·m Of NOLEWOOD. COWRADO . \\'PEREAS . Tule S. Chapter I. EMC requites thnt Cuy Council set the hcense foe by n:solu110,: on o aMunl ba<i • and
\\ 1-IEREAS . s13fT recommended an increase in license f= :is lhe cost of admm,stenn g such
hcer,ses continues 10 1ncrc3Sc.
NOW, THfREF RE, BE IT RESOLVED BY THE CITY COUN IL OF Tiff CITY OF
f'N LE WOOD,1'' LORADO, TIIAT:
~-The C11y Council of the ity of Englewood hereby approve s selling the following
various mi scc llnm:ous license fees c!Tec1ivc January I. 2009 :
Amusement nnd Publi c Dances Annual Fee
Applicmion Fee
Arboris t
Auctioneer/Annual
Auc1 ioncer/11mernn1
Ch11 s1mn Tree Vend ors/Sea son
Direct SellerslAMunl Fee
Food Vcndorfl'hrce Month
Food Vcndor/Spccinl Even t
Guard Dog
Canine Breeder ln111al
Canine Breeder Renewal
Pawn Auto Pa\>11 Annual Fee
Telecommunicauons per Facility Annual Fee
Telcc.,mmunicauon per Tower Annual Fee
Tm h Houlcrs/PcrTruck
S 60.00
S 15 .00
S 60 .00
S 25 .00
S 50.00
S 25 .00
S 75 .00
S 50.00
$ 10 .00
S 100 .00
S 50 .00
S 50 .00
Sl .250.00
S 50.00
50.00
S 75.00
AOO lrl Ell D APPROVED th,s 1st dayofDec=bcr, 200 .
ITFST·
Jam es K Wo.idwnrd. Mnyor
Lt,ucm l11 n A Ell is. 1ty Clerk
I. Loui:nshin A. Elhs, 1ty Cl erk for 01c Cit y of Englewood, Colorado, h~rc by ccn ,fy the
nlxlve ii n lnt c c py of Resol ut io n No . __ , Scri<.-s of 2008.
Loucrishin A. Ellis , City Clerk
• COUNCIL COMMUNICATION Date: Agenda Item: Subject: De:ember I , 10011 q," A R~oluhon Translerrong ~50,'115 fmm Ihe General Fund 10 1he Public lmpro,, rnen1 Fund 1or Goh Course Expend11ures lniliated By: Staff Source:
Dep.irlment of Fmance ;ind Admonis1rative Services Frank Gryglew,c,, Dorector
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Th e City leased a portion of th e Goll Cmorse to th e Sheridan Redevelopment Agency by approving
Ordinance ~8. Series of 2006 on final read ing August 8, 2006. City Council approved the 2008
Budget by passing Ordinance 57, Series of 2007 on October 19, 2007. City Council transferred
$220,000 for Golf Cou rse improvements on Jun e 16, 2008. Council approved Resoluti on 72,
Se ri es of 2008 transferring $75,000 to the Publi c Improvement Fund for the Golf 1.ourse parki ng
l ot.
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• RECOMMENDED ACTION
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S1aff recommends Col) Council ap:,rove 1he attached Resolution transferring $50,915 from the
General Fund to Ihe Public tm prc-, ,~1ent Fund for improsements to the Solf Course.
BACKGROUND, ANALYSIS, A,-., ~LTE RNATIVES IDENTIFIED
Dunng the 2008 Budget rerrea~ Cit) Council agreed to 1ra~s•r· S 1,500,000 from the Public
lmprm,ement Fund (Goh Course Proceeds) 10 the General Fund 10 'bndge" the revenue/
expendnure g.ip ,n the budget. Because 2007 re-enues were higher and e~pend11uoes lower than
expected, Council detennoned S l million nf the bridge funds could be transferred to the long Term
Asset Reser\'e (LTAR) and S 5 m,lhon co,.ila be used for Golf Couse improvements, equ,pmen~ and
con t,ngencies. Th,s tr,1nsle1 is lor [ngle-.,ood's share for turf growan and signage on Santa re .
The lollow111R 1llus11a1es the 1ransfer and use of 111nds:
GE NERAL FUND
SOU RCE OF FUNDS:
Unresen ed/Undeslr;na1 ed F~nd Ba lance $50,915
USE Of FUNDS:
Tr,mslers O ut to lhe Public Improvement Fund $50,915
PUR LI C IMPROVEMENT FUND SOURCE OF FUNDS: Transfers In from the General Fund USE O F FUNDS: Goll Course Turf Grow,ln: Goll Course Signage on Santa Fe: To1,1I Uses
FINANCIAL IM PACT
SS0,Q IS $50,000 i.......lli SS0,9 15
This lrans(er from the Genera l Fund lo the PIF will reduce th e fund balance by SS0,9 15.
LIST OF ATTACHM ENTS
Proposed Resolution
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RESOLI.JTJON NO SFRII· OI 1(~1 A RE L no. TRAJI; FcRRJNG FU DS FROM 111£ G • 'l:RAL FU D fO TIIL PUBLIC IMPROVEMENT FUND FOR GOLF COURSE EXPENDITURES . l\'111:RlA . the CU) or EnglC\,ood leased a pon,on orlhe Golf Course 101hc Shendan Rcdc\clopmcn1 ~ency by the passage or Onhnancc 28, Scncs of 1006; and
ll'llcREA • 111 the 200 8udge1 Council agreed 101r.111Sfer S1,-oo,ooo from 1hc Public
Improvement l·und (Golr C<111ne proceeds) 10 the General Fund;
NOW, THEREFORE. BE IT RE O VED BY THE CITY CO
E GLEWOOD. OL RADO, TIIA T·
ILOFTIIECITYOF
~-The Cuy Council of the Ci1y of Englewood, Colorado, authorizes the tran sfer of
funds from th e ,cncml Fw,d 10 the Public Improvement Fund, us follows:
GENERAL FUND
0 R EOFFUNO
Unrcscrvcd/\Jndesig nn1cd Fw1d Balance
EOFF ND :
Trnnifcrs Out to the Public Impro vement Fund
PUULI IMPROVEMENT D
'OUR EOFF O :
Trans~ In from 1he General Fund
EOF ND ..
ClolfCoum: furfGm"•lu
~ Sign;u;c on Snnta Fe
To1al
$50,915
$50,915
SS0.915
SS0,000
S Ill~
SS0,915
~ The t'uy Manager and lhe Director ofFmance and Admiru>1rn11vc erv,ces arc
hcrcl>y 1uthontcd 1(1 Ol(lkc rhe above ch:111gcs 10 lh: 200 Budget for the City of Fnplev.ood
AOOl'Tl·.D A l> APl'ROVCD1h1s ls1 <by of December, '.?00 .
ATI 'FST
James K. Wo odw,1rd, Mayor
I. Luucrishrn A Ell es. Cny Clerk forthc City of l:nglewood, ColorJdO, hereh} cen,fy the above is a true CClp) of R=luuon ?so. __ • Scnc,. of 1008 Lo ucrishin A Elli s. City Clerk •
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City of Englewood AGE NDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE : December 1, 2008 Public Hearing to gather input on Council Bill No. 79, author izing amendmonts to
Tille 11 (Public Ways and Property), Title 15: Health (Sanitation and Environmental
Protection), and Title 16 (Unified Development Code) regarding hard 1urf1ce
standards, an d an amendment to Title 16 regard ing maximum commercial vehicle
weight in residential zones.
PLEASE PRI NT
NAME ADDRESS
For 1 ,1ur .:ons1,kra11on P 11 on Council Bill 79 Submit lor record Prooi that l'-otice ot this PH published Council Bi ll 79 2 sets of proposed amendments Eng Herald Nov 21 , 2008 Cit\' Web~i ll' Nov 19 -30
Amendments regarding hard surface standards for parking area to:
Title I I: Public W,1ys and Property
Title 15: Health Sanitation and EnvironmP.ntal Protection
Title 16: Unified Development Code
AND
A m endment regarding maximu m commercial vehicle weight in
residential zones to:
Title 16: UDC
P &. Z considered UDC amendments at public hearing on Oct 2 1, 2008 &
recommended approval
Purpose of Amendments:
consistency throughou t all Title~ o f EMC
Hard Surface rel ate d lo drivewa y and parkin g pad s
similar but inconsistent definition
Max Comm Vehicl e We ight in Re s. Di stric ts
UDC allows 6.000 #
All other t itles and City traffic sh:ns use 7,000 #
Again,
Multi-Title housekeeping or clc,m-up A111endn .u11s
consis ten cy and 10 reduce misunderstandi ng among Titles
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PROOF OF PUBLICATION City of Englewood, Colorado
Official Website
www.englewoodgov.org
I, Loucrishla A. Ellis, City Clar1<. for • 'ity of Englewood. do solemnly swear
that th e attached legal notice (Notice of Public Hearing , December 1, 2008 • Council
Bill No. 79) was published on the Official City of Englewood Website from November 19,
2008 through November 30, 2008.
State of Colorado
County of Arapahoe
ss
Subscribed and sworn to before me on this 1" day of December. 2008 .
My Commission Expires: November 8 2012
SEAL
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CITY OF ENGLEWOOD NOTICE OF PUBL IC HEARING December 1, 2008 at 7:30 p.m. Notlce is hereby given that the City Council of the City of Englewood, Colorado, has scheduled a Public Hearing at a Regular City Council Meeting on DECEMBER 1, 2008, at 7:30 p.m. in the City Council
Chambers of Englewood Ci vic
Center, 1000 Englewood Pa rkway, to
gather input on AN ORDINANCE
AMENDING TITLE 11, CHAPTER 6,
SECTION 2; mLE 15, CHAPTER 1,
SECTION 2; AND TITLE 16,
CHAPTERS 5, 6 ANO 11 , OF THE
ENGLEWOOD MUNICIPAL CODE
2000, REGARDING HARD SURFACE
STANDARDS AND COMMERCIAL
VEHICLE WEIGHT. (Council Bill No.
79)
All Interested partlea may expreaa
opinion, in person at the Public
Hearing or in wrftlng to be received
by the City Clerk by 5:00 p.m. on
December 1, 2008. Anyone wlahlng
to ■peak at the Public Hearing may
call the City Clerk's Office,
303 .782.2405 or 303.782.2407 to
schedule their presontatlon or a sign-
up sheet will be available at the door.
By order of the Englewood City
Council
Loucrlehia A. em,, MMC
City Clerk, City of Englewood 1000
Englewood Parkway
Englewood , Colorado 80110
PUBLISHED : November 19, 2008
Ofllclal Webelt.e of the
City of Englewood, Colorado
I, Louettshia A. Ellis, City Clerk, for the City of Englewood, do solemnly swear that lhe attached legal IIOCice (Notice of Public Hearing • December 1,
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I. Loucrishla A Ellis Clly Clerk. 101 the City of Englewood , do solemnly swear that the attached leg al notice (Notice of Public Hearing -December 1, CITY OF , ENGLEWOOD NOTICE OF PUBLIC HEARING December 1, 2008 117:30 p.m. Nollet la hereby given that the City Council of the City of Englewood, Colorado, hH
1cheduled I Public
Hearing et • Regular
City Council IINtlng
on DECEMBER 1,
2008, at 7:SO p.m. In
the City Council
Chamberaof
E~Clvfc
Centlr, 1000
Englewood Parttway,
to pthef Input on AN
ORDINANCE
AMENDING TITLE 11,
CHAl'TI!R 8,
SECTION 2; TITLE 15,
CHAl'TIR1,
SECTION 2; AND
TITLE 11, CHAPTERS
5, I AND 11, Of' THE
ENGLEWOOD
MUNICIPAL CODE
2000, REGARDING
HARD SURFACE
STANDARDS AND
COlalERCIAL
VEHICLE WEIGHT.
(Council BIii No. 71)
AU lntereeted part.lea
may pPl'NI oplnlonl
In pe110n at the Pubic
Hearing or In Witting to
be,-lvedbylheClly
Clel1( by 5:00 p.m. on
Dticember 1, 2008.
Anyone wlahlng to
ll)fllkatthePobllc
Hearing may cell the
City Clerk's Offl::e ,
303. 762.2405 or
303. 762.2407 to
schedule their
pretentatlon or • elgn-
up aheet wlll be
avalable at the door.
By order of the
EnglNooclClty
Council
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MMC City Cltrtl, City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 PUBLISHED: NoV9IIINI' 21, 2008 l!NOl!WOOO HERALD CPAXLP
NOTICE Of PUBLIC HEARING Decombe, 1, 2008 al 7.l0 p.m. • Nol/co I• htrt by given th1l lht City CouncM ol the Clry of Englowood, Colonido, hll tchodultd I PubUc Ht.1ring at I Rtgular Chy Councff M .. llng on OECEMBER 1, 2001, at 7:30 p.m. In lho City Covncll Ch1m.bort of Englewood Civic
c,nter, 1000
Engle,-d Parkwlly,
to 91tfMr Input on AN
ORDINANCE
AMENlllNG TITLE 11 ,
CHAPTI:Rt,
SECTION Z; TITLE 1 S,
CHAPTER 1,
SECTION 2; ANO
TllLE 1', CHAPTE RS
5,I ANDll,OfTHE
ENGLEWOOD
MUNICIPAL CODE
2000, REGARDING
HARD SURFACE
STANOARDS AND
COMMERCIAL
VEHIClE WEIGHT.
(C011ncll BIH No. 79)
All lnleretttd 1>11rtle1 • __ ... ..,_,.
ln petl(IOlllho N>loc
Hearing or in wntmg to
1>< received by lhe c,iy
Clli1< by5.00!>11l on
~1.2008
Aoyooe w,.Jhlng 10
apeak at the PLblic
Hotring may ell the c..,Cle11<'l 0fllce.
303 762 2◄05 Of
303 762 2•0110 --presens.t.on 0t a Mgn•
up sheel wdl be
IVlilable al the door
By order or tht
Englewood City
Council
Loucri1hl1 A. EUfl,
MMC
CIOyClert<, City or
Entlewood 1000
Englawood Part<wey
Engt,wood, Color1do
90110
PUBLISHEII:
November 21, 2001
ENGLEWOOO
HERALO • CPAX LP
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COUN CI L COMMUNI CATION Dale: Agenda llem: Subject: Oe.:.ember I, 2008 10 a Amendmenls to Tides II , 15 and 16 Regarding H1rd Surface Standards, and Tille 16 Resard,ng Commercial Vehicle Weight
lnili.ated By: I Staff Sou rce:
Community Development Department Tricia Langon, Senior Planner
CO U NCIL C OAL ANO PREVIO US CO UNOl ACTION
Council conside red proposed amendments 10 Tides 11, 15, and 16 al first reading on November
17, 2008 and set a Public Hearing IOI' December 1, 2008.
RECOMMENDED ACTION
Recommenda tion from the Community De velopmen t De partment to consider tesrimony dunng a
Public Hearing on a bil for an ordinance amending the Englewood Municipal Code as follows:
1. Amendments reganmg hard surface standards:
Tide 11: Public Ways and Property,
Titl e 15: Hea lth Sani1ation and Environmental Protection, and
Tide 16: Unified De\ elopment Code.
2. An amendment reiprding ma><imum comme1dal ,ehicle weight in residential zones,
Tide 16: Unified Development Code.
BACKGROUN D
The proposed amendme nlS are in1ended to coordinate terms and definitions used in vanous Tides
of the Englewood Munocipal Code.
HardSuiface
Four amendme nlS are proposed in three Tl1les dealing with hard surface driveway and parking pad
standards. Currently each Tide uses s1mdar but inconsistenl language to aiscuss parking surfaces,
including allowed ma terials. This inconsistency creales interpretation and enforcemen l conflicls
among the three Coda The proposed amendmenls coordinate the definition of hard surbce and
its usage In 1h e EMC. Wllh the amendmen lS, lhe term will mean •a durable surface of concre le,
asphal~ brick pavers, or similar alternate materials approved by the City". The proposed
amendments support di e objective thal driveway and parking pad surfaces be constructed of
nl.llen,1ls 1ha1 do 1101 ~asil1 ~rod~ nr de1enora1e, or spread dehns 11110 the puhhc ",11 as I eh,cle1 • ~n ter the str~e,. Commnoal Vehicle \Ve1ghJ The EMC contains several references 10 the 111aximum weight or comn1emal , ehicles relauve to where they may be parked. All references except 16-5-4.Dlc ( 1) or the UDC use a maximum weight limit of 7,000 pounds. In •ddi ti on, the City utilizes the 7,000 pound \\eight ltmil on posted traf.k signs when restncling truck traffic in certain areas. The amendment 10 Tide 16 is proposed In the interest of consistency, ease or enforcement, and cunservall on of resources since the 1raffic signs already use the 7,000 pound limiL
FIN.t.NCIAl IMPACT
No financial Impacts are andcipated from the adoption of the proposed amendments.
UST Of ATTACHM ENTS
Staff Report -September 16, 2008
Planning and Zoning Comm ission Minutes -September 16, 2008
Staff Report -October 21, 2008
Planning and Zoning Commission Minutes -October 21, 2008
Planning and Zoning Commission Findings of Fact -October 21, 2008
Bill for Ordinance •
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T Y O F E NGLEWOO DEVELOPMENT D C O /\1 /\\ U ,\; I T Y TO:
THRU:
f1WM:
DATE
SUB JE CT
PIJ11ning a11d Zon111g Commission -·., \
,dan Whne, Director, Community Development r}vN
Tricia la11gon Senior Pla11ner ....-rj_
September 16, 2008 f
Case 2006-11 Title 16 Unified 0el'elopment Code Amendments
Related to Hard Surface and Commercial Vehicle Weight
RE COMMENDATION:
Staff requests that the Planning and Zoning Comm1ss ,on rev ,ew, take pL1blic
tes timony. and forward 10 City Council a recommendauon for adoption of the
attached proposed amendments to Title 16: Unified Development Code (UDC) of
the Englewood ML1n1cipal Code related 10 hard surface and commercial vehicle
weight
BAC KGR0U'<D:
Pursuant to 16-2-1 B4 of the Englewood Municipal Code, the Commission is
authorized to revil?\, and make recommendations to City Council regarding updates
to Tille 16 UDC. Please note that recent "housekeeping" amendments reviewed by
Planning and Zoning Commission are not included in the text of the proposed
amendments as adoption of proposed "housekeeping" Ordinance is not complete at
this ttme.
Two topics are addressed m this UDC amendment proposal: (I) max11m1m we ight of
a commercia l vehicle allov,ed to be parked on resrdenual property, and (2) hard
surface driveway and par~111s pad standards. The amendments are intended to
coordinate UDC terms and definitions with other Tides of the Englewood Municipal
Code.
ANALYSIS:
Vehicl e Weight
The proposed amendment to 16-5-4.01c(l) modif,es the maximum weight of a
commercial vehicle stored on property 111 any res1de11t 1al zone dist rict from 6,000
pounds to 7,000 pounds. Chapter 6, Vehicles of T,tle 11. Publoc Ways and Property
makes severa l references 10 vehicle weight limit of 7,000 pounds (70 c w.t.), In
addition, the City utilizes a 7,000 pound weight hmit when remicung truck traffic in
certain areas. The amendment to ntle 1 6 i1 proposed in the interest of consistency,
ease of enforcement of regulations, and conservation of resources s111cL the traffic
signs already use the 7,000 pound limit.
1000 En~•ood Parkway Englewood. Colorado 601 l0 PHONE 303-762•23 42 FAX 303-783-6895
.... _."i~oodf.O"-Cll'i
For ini..,rr:1,wonc,I purposes, c_vv.t 1s the abhrr.\iJtior1 1or hL1nclr,-ic,;\veigh:, where \\,r < , .. ei3111 a~d c stJ:1ds for on<: hundred, as :1 the Roman numeral C being eqllal I J 100 A hundreJwer)!ht is equal 10 100 µounds Hml St1ria.;e The Commissron rccentlv drscussed drive"ays and parking pJd m~terials wi~1m the UDC "Housekeeping amendment~ The Commission recommended that d1r1 ~rave l and grasscrete surfaces be p,-ohibited for driveways and parking pads The
mtent was tha: driveway and parking pad surl,ices should be of a hard material so
not to easily erode The material should also be durable so not to readily detenorate
or spread material into the pubhc way a s a vehicle en te rs the streeL
Three proposed amendments relating lo hard surface driveway and parking pad
standards are part of a set of amendments 10 Titles 11, 15 a11d 16 designed to use
the same terms throughout the Englewood Municipal Code. Previou,ly each Title
used similar but not the same langllage to discuss parking surfaces. This created
Issues with interpretation as well as enforcement of the various Codes. As purpo~ed,
each Title would use the same language for hard surface, as related to driveways and
parking pads. The term will mean •a durable surface of concrete, asphalt, brick
pavers, or similar alternate materials approved by the City". T'H la~%uage modifies
the recommended "housekeeping" amendment language wit~ thr inclusion of brick
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pavers. but retains the basic intent or that recently recommenO"O ..endment •
PROPOSED AMENDMENTS:
16-5•4: Accessory Uses.
D Prohibited Accessory Uses
2 Prohibited in R~,idencial Zoning Districts. The following act'v1t1es shall not be
regarded as accessory to a residential ptlllcipal use and are prohibited in all
residential (R) districts:
a Automotive Repair. Automotive repair, mcluding engine, body, or other
repair or repainting of more than one ( 1) vehicle at any one time owned by
a person not residing at tl1at address, reg.udless of whether compensation
was paid for the service.
b. Outdoor Storage of Inoperative Vehicles. The Ol1tdoor storage of inoperable
vehicles shall comply with Title 15 EMC.
c. Parkrng of Commercial Vehicles.
(1) In no event shall more than one (1) commercial vehicle be stored on
property in a11y residential zone dis tric~ whether ir, a private garage or •
carport, in ~n off-street parking space, or on an ope,1-space area The
• 3 s Ie ui sucn con1merc ,al verncles sh.il l 1101 e, eed ,,,h,cll! "e,;;r: cf s--~thousand~~ pounds (bG :,Q ~ ~, 1l For tne purpose oi th,s Secuon, a road tra cto l' or truck tra ctor shall not be deemed a commercial \ehicle, and 110 road tractor or truck tr actor s;,all be parked or stored ,n any resi de ntia l zone d,stric t. (3) No commerc ial vehicle shall be sto red 011 publoc property or on the publoc right-of-way.
16·6-4: Ofi-Street Parkin g and l oadin g Requirements.
0. Surface Cover. Olf,streel parking and loading spaces shall be of a lwcJ sllrface,
ei ther i;a,•ecl ·yi!l,i as 13hal~ ceAcFete er bFiCIE 13 aY eFs, e1ec q H lhat t'1e C i ty may
a1313m,•e the Ille er al terAale dllst free sllrlaeioig mate,ials (e.g., ehi13 seal s1,1rfaciAg)
bard durable surfa ce of concrete ;ugbalt bri ck oaxers or similar altern ate
ma,erjajs approved by the Cjty to serve a principal permitted residential use.
16·6· 10: Design Standards and Guidelines .
• B Residential Design S:andards.
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S. Front lot Coverage/Residential Driveway and Parking Pad Standaros.
d. Standa rds for Residential Driveways and Parking Pads w11h,n the Front Yard or
Setback Area
(1) Rela tionship to and Conflic t with Simi lar Provisions. The general
residential driveway standards 111 Section 16-6-3 EMC, above shall apply
to res idential development except that if this subsection's residential
drive,o. ay standards conflict with the standa rds in Section 16-6·3 EMC,
this subsection's standards shall control and apply.
(2) Zoning Sile Plan Review Required. All new construction, surfacmg or
resurfacing, allerauon, expansion, or re-insta ll ation of a residential
driveway or parking pad shall require Zoning Site Plan review (see
Se cti on 16-2-9 EMC) pr ior to the start oi work.
(3 ) The Use of Park ing Pads in Conjunction with Driveways. The use of
parking pads 111 conjunction wi th driveways is discoliraged but not
prohibi ted. However, in no case shall the total width of any
combination of parking pad and dr iveway exceed twenty feet (20') .
4 4/ Pe,irnt·ed Dri,e.-.ay a, d Parking Pad Pa,ms \1ateraa's Res, •. e ,t al d·,. e\\a, s and parl<ing ;,ad shall be improved With a hard d1irable ~unacc of cs2aCfele asori alt bnck oaxen or s1m1t u1•·rnate mJtc· ,;;11 approy 0 d by l,\P QI\ um!J!: P1,d sttr1.3(C a13p,e•,ed e, 1he GIP,' Su,foe1R g ffia1e,ials t!cia1 F1'1a) ae used 11elu!le eeAe rele, as13h,alt_ e .13esed agg•ega1e, &• Grassoe1: Prohibtted matenals include dirt and gravel, srasscrete PC Ptbe:r P9£0ll§ maten.11 Zoning Site Plan revu,-. ,see Sec1ion 16-~-9) 1s required prior to the start of any res1den11al driveway or parking pad surfaang
{NOTE: The remainder of 16-6-10 conrains no changes and ,s
therefore nOl hduded here}
16-11-2: Definition of Words, Terms, and Phrases .
Hard Surface: As related to driveways, parkin g. and loading areas, •ha rd surface'
means a durable surface of concrete, asphal t. eu11esed aggregMe, brick pavers, or
similar alternate materials approved by the City.
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P . .1nr.1r. .!'cl Zo ,n Clll'l\mlnu,n P .. 1>11, Hc;mnl! C.isei•1008·11 U'll.i~•!~-1~ S,p«.10k 16, ~OOI P.Jlc I or 1: CITY OF ENGLEWOOD PLANN ING AND ZON ING COMMISS ION Septe mber 16, 2008 I. CA LL TO ORDER ~
The regular meeting or the City Planning and Zoning Commission was called 10 order at
7:03 p.m. in the Council Chambers of the Englewood Civic Center, Vice Chair Knoth
pres iding.
Present:
Absent:
Sta ff:
Roth, King, Welke r, Calo nde r, Krieger, Knoth, Fish, Brick
Bleile
Alan White, Community Development Director
Nan cy Reid, Assi stan t City Attorney
Mike Flaherty, Deputy City Manager
II. APPROVAL OF MINUTES
September 3, 2008
Fish moved:
Roth seconded: TO APPROVE THE SEPTEMBER 3, 2008 MINUTES
Vice Chair Knoth asked if there w.-re any modificauons or corrections .
There were none
AYES :
NAYS:
ABSTAIN:
ABSENT:
Roth, Ca londe r, Knot h, King, Brick
None
Krieger, Welker, Fish
Bleile
Motion carnPd.
Ill . PUBLI C HEARINGS
~
CASE #2008-11
Amendments to Titl e 16 Related lo Hard Surface and Commercial Vehicl e We ig ht
Brick moved :
Kri eger seconded· THE PUBLIC HEARING ON CASE #2008-11 BE OPENED
~;.r.r l .. ,n; Comm1u,.,n f'uoh, Cn:1, •!(.el .1 a C;i~e -.:.1GS-1! Scpu:mnt1 lf1 loo~ Pas: :011: '\YES NAYS. "BSTAI\:'. ABSENT· Brick, lsnoth, Rot, 1/\elke· 1-:ing. Calonder , Fish. Kneger None None Bleile 'vlotion carried
Mr. White, Community Development Director, was sworn in. He stated for tlie
Commission's consideration tonight is case i!2008-11 , Amendments to the Unified
Development Code (UDC) or the Englewood Munlcip~I Code related to hard surface and
commercial vehicle weight. He stated he had already submitted for the record proof of
publication or which the notice was published in the Englewood Herald on August 29, 2008
as well as the Staff report. The request tonight is that the Commission review, take public
testimony and forward to City Council a recommendation for approval of the proposed
amendment
The Planning and Zoning Commission Is authorized by the UDC to review and make
recommendations to Oty Council regarding updates 10 the UDC. The amendm ents are
Intended to coordinate UDC terms and definitions with other Titles of the Englewood
Municipal Code. Please note that recent "housekeeping• amen dments reviewed by
•
Planning and Zoning Commission are not included in the text of the proposed amendments •
as adoption of proposed "housekeeping• Ordinance is not complete at this time
Two topics are addressed in this UDC amendment proposal, (I) maximum weight of a
commercial vehicle allowed to be parked on residential property and (2) hard surface
dr iveway and parking pad standards.
VEHICLE WEIGHT
The proposed amendment to 16-5-4 D2c(1) modifies the maximum weight of a commercial
vehicle stored 011 properly in any residential zone Jistrict from 6,000 pounds to 7,000
pounds. Mr Whtte said the only place in the Englewood Municipal Code where vehicle
weight limit~ are restricted to 6,000 pounds is in Title 16. Elsewhere in the Code and traffic
s,gns use the vehicle weight limit of 7,000 pounds . In addition, the City utilizes a 7,CJO
pound weight hmit when restricting truck trafh c in certain areas.
HARD SURFACE
Three p,oposed amendments relating to hard surface driveway and parking pad standards
are part of a set of amendments to Titles 11, 1 S and 16 designed to use the same terms
throughout the Englewood Municipal Code. Hard surface, as related lo driveways and
parking pads, will mean •a durable surface of concrete, asphal~ brick pavers, or si mi lar
• alternate materials approve d by the City." •
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P:~n1nJ Jn.! Zon1nf CoJT'Jlll', ion Pvoh< 11,,r"I C:a\.e~ •:OC'-,11 ar..! Ca,: •?t'1~ · .Xpt.::~r i6 ~00! ?.iJe; at 11 \Ir ,". h1te o!rr:red lO ans., er a,1y Ql ~sl1ons the Commission might have . \Ir \". elk er said tne only clarii,cauon he had \\JS 1ha1 :•,e C'lmm1ss1on 1; tal~ins about commercial vehtdes only, not personal recreational ,eh,cles, motor homes buses etc . !hat might weigh in e~cess of 7,000 pounds. Mr White stat-id that was correct.
Mr King asked what determines a commercial vehicle. 'Ills. Kneger said they are used
commercially and Mr Bnck said he though! they were licensed commercially through 1he
Department of Motor Vehicles
Ms. Reid said, In her personal opinion, commercial vehicles are licensed as such and that Is
usually what the police department goes with if they have a question about whether a
vehicle Is o r Is not commercial. Even if a van was licensed commercially, 11 probably does
not weigh over 7,000 pounds. A large moving van, even if it wasn't licensed commercially,
the police department wou ld cons ider it commercial for purposes of enforcement.
Mr. King said getting back to the issue or parking commercia l vehicles the amendment says
they cannot e~ceed 7,000 pounds and In event shall more than one commercial vehicle be
stored on a property. If you had two commercial vehicles stored on a property because
they had a plumbing company sign on the side how does that fit into th's. Ms Reid said all
she can talk 10 is the enforcement of the commercial. Ms. Krieger said she also wondered
how that would work, although that is not really what we dealing with tonight. Technically,
we are only dealing with the change to 7,000 pounds.
Mr. Welker said he understands tha~ but feels it is something that should be looked at. The
definition of commercial vehicle is vague. Ms. Krieger said she did not disagree He said ,f
he were a plumber and had a vehide loaded full of pipe it would definitely be over 7,000
pounds It may not have a sign on it and may not even be a large truck. There are
discrepancies that are not enforceable by our terms.
Ms. Krieger said she also wondered what storing it on the street means parking it on the
street, parking overnight on the street. .. what is storing it on public propert\ or public right•
Of•WJ\'/
Mr Welker said he was disturbed by the section that states that an ove r the road tractor
trailer wasn't considered a commercial vehicle. Ms. Krieger said they are not allowed Mr.
Welker said he understands that.
Mr. White read the definit ion for commercial vehic le from the Code book It reads, Any
vehicle designed, maintained or used primarily for the transportation of property. He said
that definition Is fairly broad.
M• 1/\ elker sJ:d :ne prob iem witn ti,s part of the Code is that 111s so ,ague \Vh1 make o ,e srcall chans~ ,n tne Co.P to try to make 11 clearer and leave huge gaps in what we are allowing to be parked? 1-'r Fish said are you asking Stali 1f they a·e prepared 10 re"e" and d1s:uss that ton:ght Mr Welker said he doesn't belie, e ,, e are ready 10 ha, e a publ,c hea•ing if 1·ou can't answer simple questions about what's a commercial ,ehide /1.'s. Kreger said Mr. Wh,te read the definition, but it is just extremely vague. Mr Bnck sa,d based on the defin ition W White read, would the Commission be willing to move from
6,0:JO to 7,000 pounds? He said he also brheves the defmiuon needs to be changed, but
wou ld we be comfortable making the change to 7,000 pounds Mr Welker said 1! he were
dm mg around the City trying to enforce this parucular provision, 7,000 pounds 1s preuy
har d to figure out if the , ehicle weighs that without a scale. Ms Krieger said yes, but can
see why it needs to be changed to 7,000 pounds, Mr. Welker said we are trying to clarify
something, but are onl\ doing part of the j"b that needs to be done. As Zoning
Commission this 1s one or the issues that we need to cons1der ... wha1 vehicles are being
parked around our City. Mr. Brick asked if the Commission could proceed b11 making an
amendment to the proposed language Mr King said he doesn't see where 11 says that no
vehicle can weigh over 7,000 pounds; It says no commercial vehicle can weigh over 7,000
pounds. Mr Welker said that's why I asked the ficst question about whether this pertains to
onl, commercial vehicles because I also know that motor homes can easily weigh over
7,000 pounds. Mr. King said that's not a commercial vehicle even though it weighs over
7,000 pounds. Ms. Krieger said you could park It on your proµerty. Mr. Kiug 1aid it's an •
1nterpretat1on of what a commercia l vehicle is. Mr. Fish asked ,r the only issue is that
concmercial , ehicle 1s poorly defined or are there other issues. Mr. King said his point was
that thi s am endmen t is to try to limit the weight of vehicles. but it really only speaks to
cormercial vehicle, yet commercial vehicles aren't redli\ defined. If there becomes an
1m1e the person will Jus t say it's not a commercial vehicle and it will be up to enforcement
to p,ove it is
Mr Brick said instead or trying to decide this tonight the Commission might think about
tabhng this particular issue for further discussion at a study session.
Vice Chair Knoth asked Mr. White if he wanted the Commission to discuss just the change
from 6.000 to 7,000 pounds and come back to the other issues that have been brought up
at a later time.
Mr. Wlme said he believed soi 1e of the issues brought up w~re addressed in 01her parts of
the Code, but he said he only had Title 16 with him. \Vhat "'e are talk111g about 1s pa•k,ng
of commercial vehicles on private propert\· In answer to Mr. King's question regdrchng
having two commercial vehicles parked on your property, Mr. White said the Code states
"in no event shall more than one ( 1) commercial vehicle be stored 011 property 111 any
residential zone distric ~ whethe r in a private garage or carport, In an off-street parking
space, or in an open-space area• even if they are less than 7,000 pounds. You can have
zero if more than 7,000 pounds and one 1f l~<s than 7,000 pounds. He said he did no: •
belie. e the amenoment "as meant tc address motor homes, RV's, trailers, etc
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P,.~r.m r Jn.1 Z. )r .. ng C'rimma\1or. P .. ,11 ~ Ht.um, C.).l.~~•~Xl~-l l ;l:,d C.1 r•11'X;f. ': s,;•,mhor 16 :~• f ,.1,: ! o! 1; Mr Welker said on a personal ba;is, he h.is a neighbor across the alley ir om him parking ,1 flat bed trwck tha1 1s somrn,nes loajed a wood chipper a11d a tre11chrn g machine; all parked on private res1denual pr ·peny Tn l? Crt) has been citing another nPighbor for parking landscaping equ ipment on public roads ',,\,1t1oo1;, being ;ible to de, r1e that these are commercial vehicles parked on p,1vate propertres we have several violatio ,1s and he doesn't belreve we have clear de11nitions of what they are rn the City's Code. He believes they need
to be addressed. If the Commission makes the one little change tonight "e may never see
this issue back again in m\' 1./etime. Ms. Krieger sa,d that also concerns her and she is also
concerned that the Code is telling you what you can park in your garage and doesn·t
believe "hat is in someone's garage 1s anybody's business. She said she feels tha t 1f a
resident has a vehicle iden tified as for business and is parked In the garage she doesn't feel
that is impact ing anyone in the neighborhood, but we don't want numerou~ large
commercial vehicles parked on the street either. Mr. Welker said that is what he basically
has going on in his neighborhood Mr. Welker said we need to define what is going on
here, because as a zoning issue It's a lntle differe nt than simply the weight. Mr. Fish asked
Mr . Welke r if he was prepared to put fort h an amendment. Mr. Welker said he Is not; he
wants Staff to look In to the issue further before they present it to the Commission as a
simple amendment so the Commission can deal with the issue of parking commercial
vehicles in our neighborlioods. Ms. Krieger said we need a defini tion at the very least
Mr. Fish said we don't have a solution so all we can do is reject It or pass il. Mr. Welke r sa id
"hether we tab le the amend'Tlent for a future ume or deny it, by bringing it Lip now rt is
going to go back and be discussed
Ms. Krieger asked Ms. Reid what the Commission's options are.
Ms. Reid said you could table this motion as it is and ask Staff to look at it again or you can
make a mouon to reject the amendment based on the fact that this is not sufficient and the
"t\Qle issu~ as you have discussed tonight needs to be addressed.
Ms. Kriege r asked Mr. White if there was any press ing reason this ~mendmen t should go
forward tonight. Mr. Whi te said none other than for making the job of code enforcement
o'ucers easier. Mr White said there will al\,ays be Instances where you will have to do
iot~rp,etat,ons of whether a vehicl" is commercial or not
Mr. We lker said he feels this amendment 1s not add ressing •he real problem wi thi n the
zoning ordina11ce about what we can have arou nd our City. He doesn't believe it 1s a
"eight issue because you can't verify the weight of most vehicles In his opinion the weight
1s not the real problem in Englewood to the zoning ordinance. He said if he dr ,sn't stand in
the way of it right now and try to get at the point of what we have as a11 issue within the
City then he's not domg a good Job for the City .
f'!.inr. r,g ;.r.. lonir.g C1 ,,~.:11. ir,u Puol,, He,-·; ca.~~ •!OC· 1: .i.ic c. : •::x:-1: 3.i:pmr.~r : 200~ P.i~e-ll --:· I~ \Ir Fish said to111ght's amendment v,as meant to be just for hoi,sekeeping, what you are ·a,swg i; a much larg.',!r issue t•i.1t we have not been briefed on or discussed said he •0 els Mr Wel~er is right in that there are many problems in t,e Code, but o,dn't feel f"ldl,irg t~e change to ",000 pounds is a problem. \o\s. Krieger said there isn't any reason not to f,x all of ,t while the issue ,s t>efore us. Mr Fish ;a,d we ,:ould need Staif and "e would need to lo-:ik at other parts of the Code and we
haven't done that yet. Ms. "rieger said that is why we want to table the issue. The
Commiss,on asked Mr. Whrte what is on the Commission's schedule for the next month to
six weeks. He stated there is a Study Session scheduled for October 7• and a Public
rlearing on October 21 •. He said t~is issue could be included In the Study Session on
October .,., and the Public Hearing could continue on the 21 ". Ms. Krieger asked if that
was enough time for Staff to prepare. Mr. White said that was enough time to at least
provide tie information from the other secoons in the Code and see if that addresses your
concerns or not.
Ms. Reid explained if the Commission continues the hearing once It has been opened it has
already been published, it's already been noticed and therefore it does not need to be
republished. If anyone is interested in the issue and a re here tonight they have been
ic,fo rm ed that it will be cu11~11ued
\1r. Knotn asked 11 the Com mission wanted to d,swss the issue of hard surface tonight or
continue that part of the amendment also. The Comm;ssion stated they wanted to continue
me amendment in ,ts entirety as it is all one case.
Welker moved:
"rieger seconded: THE PUBLIC HEARING ON CASE #2008-t 1 BE CONTINUED
TO OCTOBER 21, 2008
:..YES·
·;AYS.
-'.BSTAII\
l·,BSEi'.'T
Brick Roth, Welker, King. Krieger
Fish, Calender
Knoth
Bleile
'>1r hh , oted no be~ause he said he didn't f('el the Commission needs to hold Sta fl
hostage In this wav. He said he fe lt the Cornmiss,011 cou ld pass this ame ndm ent and deal
.·• ith ~,e ther issues s paratel1·
·.1r Brick vote yes because he feels a month's wait is not that crucial.
,·.\r Welker said yes as he believes there some issues to consider that there aren't answers
to tonight
'.Ir. Krieg~• votes\ es and agrees with Mr. Welker.
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Ptln, ,,:e Jr.(. :Jftl,.,J Co ... -UIOC. Publ" He:u1r.j ClS:1 •:otb lt ;in.;.CUt •:00:.•t ~ September 16. :oos P;ige; r..r 1l Mr . Roth vo ted yes as he feels there are other issues that need ;:, be d1scuss?d He's 1101 even sure weight ,s really the real issue as ,ts something that ca,•'t be measured b, an enforcement crficer, you should be dealing with height and weight. Mr. King voted yes and said he doesn't feel th'? Con:m1s!•?n 1s holding S1aff hos1age, we're just trying 10 get some clarilrcation ,
Motion carried.
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CASE #2M8-12
Amendments to Title 16 Related to the Sign Code and Flags
Krieger moved :
Fish seconded: TH E PUBLIC HEARING ON CASE 112008-12 9E OPENED
AYES :
NAYS:
Brick, Knoth, Roth, Welker, King, Calonder, Fish, Kr ieger
None
ABSTAIN: None
ABSENT: Bleile
Motion carried.
Mr. White, Comm unity Development Director, was sworn in. He stated for the
Commission's considera tion tonight is case #2008-12, Amendments to the Unified
Development Code (UDC) of the Englewood Municipal Code allowing the display or flags
connected to activities of a business district or mercha11 t associa t,on . He stated he had
already submitted /or the record proof of publication of which the notice wJs published in
the Englewood Herald on August 29, 2008 as well as the Staff report. The request tonight ,s
tha t the Commission review, take public testimony and forward to Cn.y Council a
recommendation for approval of the proposed amendment.
The Planning and Zoning Commission is authorized by the UDC to review and make
recommendations to City Council regarding updates to the UDC
This topic was discussed with the Planning and Zoning Commission at a study ses,,on on
August 5, 2008. There was some discussion about including merchant associations, but
upon further reflection by Stall th ey lclt that should not be included m the Ordinance JS
there 1s really no control of merchant's associations by the City.
The Busines lmprov •ment District wants 10 display Sale Day• flags one day per month
within the Bu!• ,s C'•strict. Currently, the Code does not allow the display of flags fo r
P! .. ~nrnt ~ .. :o:-...1n1 C rr.ra.• ot PMbkH'!Jrl:'I~ Cl-\:1, t~ X:· : ! :.."\d Lr: •:ooa St;xc::.,cr !~ 1<X I r,~eSofl! an1 th111g otrer lhan <-•lits. sta:es or nall,ns T111s Code amendr,ent Y<Ould , ,tend the abil111 10 d1spl,1, flags 10 c,11 apprm ed business 1m pravem~111 d1slricts. Flags oi cities, sta tes or nations are l1m11ed to 35 square feel in area and are na1 suL,1e:1 10 any permi11ing process S1af1 suggests lhe BID "Sale Day" fiags not be subject to an1 permit1111g process as v.e!I, but Slaff did suggest 1he s,ze be lw11ted 10 15 square feet. The1 will be J1splayed from flag holders lhat will suspend th e flags aver the public sidewalk.
Mr. VVh1te offe1ed to answer any questions lhe Commission m,gh1 have.
Mr. King said in an ef/o,1 to make ii easier on Code Enforcement, since II seems that the
conventions in this parlicular election cycle are approxima1ely 60 days from the election
day, 1he Code says elections signs shall not be posted more than forty-five (45) calendar
days prior to the election date, would ii make sense to extend lhat date out 10 60 days.
Mr. Brick said he also saw that and it is a violation and code enforcement should go a1 ?und
and collect the signs. Mr. Welker said there probably have been signs up continuously for
three months or more already this ~ear
Mr. While said It has bee~ discussed at study sessio n that the whole sign code needs to be
updated The Commission decided to !~ave corporate flags and oth~r sign issues for when
the entire sign code is discussed. He said he would be happy to take a recomme ndation
back 10 Staff regarding the election signs. bul tonight 's discussion is in regards to 1he ·sale
Day" Rags.
Mr. Welker suggested m 16-6· 13 EJ(b) the name specifically of 1he busines\ impro,emenl
distnct or to require them to have a logo that has their name in it be in clude d.
Mr Knoth asked 1! the flags were limited to 1 S square feet per side. Mr \-\'hae said that" a:
correct
Kriege, moved
king seconded: THE PUBLIC HEARING ON CASE #2008 -12 BE CLOSED
AYES
NA\'S:
Brick, Knoth, Roth, Welker, Kins. Caloncler, Fish, Kri eger
None
ABSTAII\
ABSENT:
None
Bleile
Q Mot,on carried.
Krieger moved.
Welker seconded: CASE #2008-1 2, AMENDMENTS TO TITLE 16 UNIFIED
DEVELOPMENT CODE ~ELATED TO THE SIGN CODE Af\D
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Pl~.;n., ..nd Zon r.1 Ci:T.m t Uur. Pubhr Hc:mt1g; C:~t •100f ! l WC .. : •: '-OS-t: S,pc:mhc, 16 20< • Pws~91>fll FLI\GS BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVOAABLE RECOMMENDATION FOR ADOPT/O's: WITH THE FOLLOWl,<.:G AME'IOMENT 1. THE FIRST SENTENCE OF 16-6-13 E J(b) SHALL READ FLAGS OF Cl1Y APPROVED BUSINESS IMPROVEMENT DISTRICTS, PROVIDED THE FLAGS DJSPLA Y ONLY THE NAME.
EMBLEM AND/OR THE LOGO OF THE ORGANIZATION AND
NO INDIVIDUAL BUSINESS NAMES
AYES·
NAYS:
Brick. Knoth, Roth, Welker, King. Calender, Fish, Krieger
None
ABSTAIN:
,-,BSENT.
None
Bleile
Motion carried.
IV. CAPITAL IMPR OVEM ENT PROIECTS
0 Mr. White stated there is a section In the Charter that requires the Planning and
Zoning Commission 10 submit a list ol recommended capital projects to the City Manager .
Mr. White introduced Mr. Flaherty, Deputy City Manager.
Mr. Flaherty said one ol his !unctions at the City is to provide for initial review of capital
proiect requests and to make preliminary recommendations that go to City Council. Mr.
Flaherty reviewed the two spreadsheets included In the meeting packet One is a very
detailed and extensive spreadsheet that lists all capital projects on a city-wide basis,
including those U•at are propnetary, enterprise, special revenue and restricted lunds. The
projects for which you have authority to recommend on relate to Funds 30 and 31 Flind
30 is the Public Improvement Fund and Fund 31 is the Capital Projects Fund. The second
spreadsheet identifies all of the projects that were submitted by department directors for
2009 consideration. The total number of projects submitted has a dollar figure ol nearly
S8.7 million. Unfortunate!\, the City only has about S2 million to spend. Revenue
projections for 2009 are just slightly over $2 mill ion, which 1s considerably lower than it has
been In most recent year1. 5hghtly more than $4 million was approved in 2008 ior public
improvement capit.il projects funds The source ol funding for capital 1mproveme1ll and
public improvement lunds come from the PIF or the use tax lunds. Revenues lor 2009 were
presented. Total proiects recommended ac this time amount to S 1,998,980. Council has not
acted on this yet and could very well make changes The recommended projects were
reviewed
Mr. Flaher ty sa id the Planning and Zoning Commissii>n's recommendations are certainly of
, alue to City Council and to the City Manager's olfice and we appreciate your time . He
ofiered to answer any questions the Comm ission might have
P aMm: Jnd ZorhnJ C:irnmu.uon Puh, .• H,..:,,i Cue-•!O'J~-ll ~JC,N •100" I~ 5,p,,,:ibt,, l• ?flO, p,.,. IOof 1: \Ir l\no 1h asked 1f an ·one had any qJesllons Mr \\'elk~r said he be,1e,es th is is a ,aue of our time . The mforma11on ve rece 1 ed and in the rormat II \\as in \~as virtually unrt adable to me. He said he spent about an hour on 11 ~nd decrd d it ,as completely a \\a>te He didn't kno" 1,hat the codes mean •,hat funos we were loo~·•ig at that the Cor.,mission has any input on, the timing sucks and we'\'e h~.:I
better Information in the past.
Mr Brick seconded that. He said the document was poor to read . He said if you really want
my recommendation I need to unders tan d the materia l. It probably would be better
brought to a study session and if we needed to do something official we could do ii in a
public hearing format.
Mr. Flaherty said he would certainly accept tho se criticisms and try to provide bet1er
in format ion In th e future .
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Mr. White asked the Commiss ion If there was something the y have received in che past that
was In a better fo rmal. Mr . Welker said when you look at a spreadsheet that each page Is
l½o pages horizon tally with no h~adings it is virtually a chore to try to stra ig hten it out . He
said he would rdther see it in microprint and use a magnifying glJss o read, plus he said he •
did not know what the codi,s and abbreviations meant He said he virtually could not
prepare for 1he meeting with what was brought to him. He said he came 10 the m,eting
wi th only the expectation of Information on it and basically what I am hearing 1s v. e don't
have any money and we're not going to do anyth ing anyway so it doesn't mauer what you
say That may be the truth , but it's not what I like to hear vhen I'm being asked to grve my
lime to the City for something like this.
1,1r . \ 'hue a ked if a summary "ould have been easier to understJnd . 1r. \'\'c lkcr said
something that was decipherable, with a legend so tha the Commission could understand.
and identifintion of which categories we were looking al
Mr Flaherty said the 1nclusio1 of all the ity-w1de funds probably should no1 have been
included because ou are not taking action on all of the funds. He said the Commission 's
crillcism 1s well fol!ndrd and h~ will take it back wrth h,m for future rPferen ,.
Mr. Brick said some of lhe columns can be eliminated from the m.itt>rial prese111t!d 10 th<!
Comm,ssfon Mr. Welker also asked that th e spreadsheet show how a project might bP
funded over a period of years .
Ms. Krieger said she has alwa11 felt It is a wasle of the Commission's lime to review the
projec ts. She said she doesn't feel as most of wha l we are looking at has anything to do
with th e Planning and Zoning Commission. •
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P . .:::ur.J a.nJ Z..,nm, C-::~m: or P. .. " IC H:Jnn& C.:~e, ;:OOS-l I ;1.t1d CJ,e r:WM 5<;,t:mhc lb !006 P ... re 11 JI 1~ /\ ·r Calonder asked 11 the Charter could be changed so this issue do,s not come beiore the Planning and Zoning Commission Ms. Ri•id sJid chJnges to the Cha1kr require ln electton Mr \\ elker said the idea o( me Charter 1s mat 1s has some public input and this 1s the 11•pe of Commission that might provide that Ms Krieger said she ca11 underst.,nd that but short of hours and hours of study .ve can't gN anything out o( this to give worthwhile 1npllt. Mr Welker said in past years we have had better meetings where we actually made some recommendations and discussed some projects that people cared about such as th e
pedestrian bridge across Hampden. There were issues that had something to do w1th land
use and panerns of use in the City that nobody else In the Cny was looking at.
Ms Flaherty said let me tell you what I have heard and see If yoll agree with my
assessment:
1. Don't present information that the Commission cannot act on.
2. Show information in a context that is more than one year.
3. Present in a form the Commission can understand.
4. Pres ent information in a timelier manner.
Mr. Brick said on the ioo9 Prelim inary Capita l Projects Recommendation Revised chart is
would be helpful to sort by department as it would be easier to read. Mr. Flah1?rty said they
we1e intended to be at least marginally prioritized, but if you prefer by departme11l w~
could ceriainly do that. Mr. Brick said since the priority number was not included on the
spreadsheet we did not un derstand that.
Mr Welker said part of the Commission's role is 10 establish that priority so if you give the
list to us in an order we have to look at it in t h~ve a problem with that. He said he would
li ke to see the list before the City iets th 0 pric, it1es. Mr Flaherty said if the Commission
would like to see the items as the\ v. ere <a• ,1111t1ed by each department he would be happy
10 do that. Mr. Brick said he wou ld l1k~ to see It by department and by priority
Mr, Welker said next year he does not want to see the same thing. he would like lo have a
chance 10 look at the things the Commission may be able to have some interest 1n Mr Fish
as~ed for a better description of 1le ms Some on th<> current document didn't mean a thing.
Mr Flaherty thanked the Comm,ss,on. Ms. Kdegcr lhankcd Mr. Fbhcrty for his time.
Mr. Ftlh asked if the Commission needs to make any recommendations on this iss,1e. Ms
Re,d said the Commission doe, need 10 vote. She ofiered severa l options,
Bnck moved:
Krieger seconded: THE COlv'MISSION KELUCTANTLY RECOMMENDS THE
CAPITAL IMPROVEMENT PROJECTS BUDGET AS PRESENTED
DUE TO THE FACT THERE WAS NOT SUFFICIENT T1,1E OR
P1.mr..:.; ~! Zm-.•r.s Com::-.iu: .. Pubhc H::r r-. c.»~, S:00~ 11 ;mJ C:.<c •~JO~-:~ Stpie~~er l6. ~00] Pa~e J: of 11 1:-.JFOR,\IATIO'I PROVIDED FOR TH: COrv' ·.~ISSIO"-TO RE\'l[W AND DO A,'-J ADEQUATE JOB AYES· ':-.AYS. ABST"-IN ABSE:-.JT '.3nck. l\nc-th. Roth, 'ii elker, l\ln!l, Calonder, foh. Krieger None None Bleile
M otie,n ca rri ed.
V. PUBLIC FORUM
There was no public present
VI. OIRECTUR'S CHO ICE
If] Mr. Wh ite had nothing further to report.
VII. STAFF'S CHO ICE
Q Staff hdd nothing iurther to report.
VII I. ATTORNEY'S CHOICE
!il Ms. Reid had nothing iurthe r to report.
IX. COMM ISS ION ER'S CHOICE
~ Mr. Brick said he would not be in attendance at the October 7 meeting
The meeting ~d,ourned at 8:25 p.m
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C T y 0 F COMMUNITY OEVELOPME"'-T TO:
THRU :
FROM:
DATE ·
SUBJECT:
Planning and Zoning Comm1ss1on
Alan \\'hite, Director, Community Develo pmen tC(vJ
Tricia Langon, Senior Planner_.....
Oc1ober 21, 2008 ' L-
Case 2008-11 · Title 16 Unified Development Code Amendments
Related to Hard Surface and Commercial Vehicle Weight
RECOMMENDATION:
Staff requests that the Planning and Zoning Comminion reopen the public hearing,
re\iE"·,, take public testimony, and forwa rd to Gty Council a recommendation for
a ... optio n of the attached proposed amendments to Title 16: Unified Development
Code (UDC) of the Englewood Municipal Code rela1ed 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 adeq1,acy of the definition of the term
•commercial vehicle• and other issues relating to the ma~1mum weight of a
commercial vehicle stored on residentia l property. The Commission voted 10
continue the public heari11g to October 21, 2008 so that staff cou ld res earch and
address their concerns.
During the October 7, 2008 study session Community Development staff requested
additiona l time to prepare a thorou gh analysis of the issues including commercial
vehicle definition, \\eight and/or size liml1s, conflict and compatibility with other
TI~es o( the Englewood Municipal Code, and obtain Code Enforcement and Police
Department input. By consensus the Commission agreed to reopen the public
heJrit1g and consider the proposed amendments on October 21, 2008. Staff will
bring the larger issue of commercial vehicles in residential districts back to the
Commission at a later date.
PursuJnt to 16-2-1.8 4 of the Englewood Municipal Code, the Commission is
authorized to revie~, and make recommendations to City Council regarding updates
10 Tide 16: UDC. Please note that recent "housekeeping· amendments reviewed by
Planning and Zoning Commission are not included in the text of the proposed
amendments as adopt ion of proposed "housekeeping• Ordinance is nol complete at
1ni1 time.
1000 Engle,vood P,rkway Englewood, Colora:!o 80110 PllOr--E 303•762 2)42 FAX )03-783-6895
.,..,,...., • ..,litWoodlo"'c,~
2 1op1cs are addressed in :hrs UDC amendm~nl propo!al ti. ,a~imum "eigh1 or • d commercial vehicle allo"ed lo be parked on res1den1ial proper1,, and (21 hard surfa.:c dm ,:,,wa, and parking pad standards The amE-ndments are intended to courJ111Jt~ UDC terms and defi111t1ons 1\llh other Tides ol the Eng!e\\ood Municipal C-.d~ .\NAL\)IS: \ 111 h \\right 11 · pr ilOSl'J Jrn,•ndmen1 to 16-5-4.02c(1) modifies the maximum weight of a
co111ni,:rc1JI l'eh1clt! stored on property in any residential zone district from 6,000
pounds 10 7,000 pounds Chapter 6: Vehicles of Title 11 : Public Ways and Property
rnJ~c1 sc1erJI 1dcrences 10 vehicle weight hmit of 7,000 pounds {70 c.w.L). In
add111on, the City utih1es a 7,000 pound weight limit when restricting truck traffic in
cert,1in areas The ame -lmen1 to Title 16 is proposed in the interest or consister,cy,
ease of enforcement 01 regulations, and conservation of resources since the traffic
signs already use the 7,000 pound limit.
for Informationa l purposes, c.w.t. is the abb rev iatio n for hundredweigh t, where wt is
weight and c stands for one hundred, as in the Roman numeral C be ing equal to
100. A hundredweight is equal to 100 pounds.
Hard Surface
The Commission recent ly discussed driveways and parking pad materials within the •
UDC "1 lousekeeping" amendments. The Commission recommended that dir~
gravel and grasscrcte surfaces be prohibited for driveways and parking pads. The
intent was that driveway and parking pad surfaces should be of a hard material so
not lo easily erode. The material should also be durable so not to readily deteriorate
or ~preJd material Into the public way as a vehide enters the street
Three proposed amrndments relating to hard surface drivewa)' and parking pad
standards are part or a set of amendments to Titles 11, 15 and 16 designed to use
the same terms throughout the Englewood Municipal Code. Previously each Title
used similar but not the same language to discuss parking surfaces. This created
issues with interpretation as well as enforcement o( the various Codes. As purposed,
each Tide would use the same language for hard surface, as related to driveways and
parking pads. The term will mean • a durable surface of concrete, asphalt, brick
pavers, or similar alternate materials approved by the City•. This language modifies
the recommended "housekeeping" amendment language with the inclusion or brick
pavers, but reta ins the basic Intent of that recently recommended amendment.
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PROPOSED AMENDMENTS: 16-5-4: Acc~ssory Uses. D. Proh,b,ted Accessory Use; 3 2. Proh1b1ted 111 Residentia l Zon11,g Distr icts. The following acuvities shall not be regarded as accessory to a residential principal use and are prohibited in all residen1 1al (RI districts.
a. Automotive Repair. Automotive repair, including engine, body, or other
repair or repainting of more than one ( 1) vehicle at any one time owned by
a person not residing at that address, regardless of whether compensation
was p~id for the service.
b. Outdoor Storage of Inoperative Vehicles. The outdoor storage o! inoperable
vehicle ~ i all comply wi th Title 1 S EMC.
c. Parking of Commercial Vehicles.
(I) In no event shall more than one (I ) commercial vehicle be stored on
property in any residential zone district, whether in a private ga rage or
carpori in an off-street parking space, or in an open-space area . The
size of such commercial vehicles shall not exceed vehicle weight of sill
~thousand !6;GOO) ~pounds(~ za e,w,i, ~).
(2) For the purpose of this Section, a road tractor or truck t ractor shall not
be deemed a commercial vehicle, and no road tractor or truck tractor
shall be parked or stored in a ny residenhal zone district.
(3) No commercial vehicle shall be stored on public property or in the
public right-of-way.
1 6-6-4: Off-Street Parking and Loading Requirements.
0 . Surface Cover. Off-street parking and loading spaces shall be of a huffkt:ff.a€e;
~~f)Ailll;-Ee~Hriclt 11a', eFs, e1 ,ce11l that the Cit)' A1a·1
a1111re,0e Ille 1a1se ef al1e1Aale e1a1st fFee SllFhlEi11g rnate,ials {e.g, ehi13 seal s1a1,faeiAgl
bard durable su rface of concrete asobah brkk oaver5 or si milar alt ernate
rnateriai s aporoyed by !be City to serve a principal permitted residential use.
16-6-10: Design Standards and Guidelines.
• !3. Residential Design Standards.
4 5. Fronl Lot Co,·erage.'ResidentiJ! Dri,ewa, and Par~ing Pad S1.:indards d. S1andards for Residen1ia/ D11vewa)S an d Parking Pads wr1hin ihe Fronl Yard or Setback Area ( 1) Relationship 10 ~nd Conflict wl1h Simi lar Provisions. The general residential driveway slandards in Section 16-6-3 EMC, above shall apply to residential develo;:imenl, except that if this subsection's residential driveway standards conflict wilh the standards in Section 16-6-3 EMC,
this subsection's slandards shall control and apply.
(2) Zoning Site Plan Review Required . All new construction, surfacing 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 the start of work.
(3) The Use of Parking Pads In Conjunction with Driveways. The use of
parking pads In conjunction with driveways is discouraged b . not
prohibited. Howev er, in no case shall the total width 01 any
combination of parking pad and driveway exceed twenty feet (20').
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(4) Permitted Driveway and Parking Pad Paving Ma teria ls. Residential
driveways and parking pad shall be improved with a bard durable •
surface of coaqete a:;obalt brick cavers or $imUar ahemate materials apprgygd by ibe Cjty BIIFaBle ha,a-wf/.aee a1313,e ... ee B)' lhe Cl!>,1•
Su,faei1ig ma1e,ials !Rat may ee useel lnel111:le eeAe,e1e, as13halt; e·1i:iesee
aggregate, er Grassere1e. Prohibited materials include dirt and gravel,
grasscrele QC Other PPCOUS material. Zonlng Site Plan review ( see
Secl ion 16-2-9) Is required prior to the start of any residential driveway
or parking pad surfacing.
{NOTE: The remainder of 16-6-10 contains no changes and is
therefore not induded here/
16-11 -2: Definition of Wo rds, Te rms, and Phrases.
Hard Surface: As related to driveways, parking, and loading areas, 'hard surface'
means a durable surface of concrete, asphal~ e,f)esed agg,egale; brick pavers, or
similar alternate materials approved by the City.
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P,JM;.:'!j .i~d Z;)r.:r J Co::-.-:1rnJr. P...!t,l1c H~~nr.~1 Cuc •• se:oo •A);: J~ :;;nt.:-::.;Yr:i· cfC;:i: ~= ~ l. Oc1obc r 21. 21"1S P.i~c I of It cm OF E:\GLE'NOOD PLANNING A:\D ZO~ING COMMISSION Regular Meeting October 21, 2008 I.~ CALL TO ORDER
The regular meeting of the Cit/ Pla nning and Zoning Comm1ss1on was called to order at
7:02 p.m. in the Council Chambers of the Englewood Civic Center, Chair Bleile presiding.
Present:
Absent:
Staff:
Guests:
Bleile, Roth, King. WelkP.r, Calonder, Krieger, Knoth, Fish, Brick
None
Tricia Langon, Senior Planner
Nancy Reid, Assistant City Attorney
Harold Stit~ Manager
Audra Kirk, Planning Technician
Gregory Tan, Greenberg Traurig
Ed Dolan, All Recycling
Christopher Neumann, Greenberg Traurig
Scot Uhrig. All Recycling
Lee Eisenhelm, Envirosure Solutions, LLC
11. Q APPROVAL OF MINUTES
October 7, 2008
Knoth moved:
Krieger seconded TO APPROVE THE OCTOBER 7, 2008 MINUTES
Chair Bleile asked if there were any modifications or corrections.
There were none.
AYES:
NAYS
ABSTAIN :
ABSENT:
Roth. Welker, Krieger, Calonder, Knoth, Fish. King
None
Brick, Bleile
None
Motion carried .
P1:.nmnr :n~ Zontni Comr:-,..,1oc P.",uc H-:i~r.is C;.1: •·:St!OOS-01: .l-:.i!C 'UUl .::~ a!C~ •:OC~·, 1 Ck.:ubtr 11 llm P~;~ ~o: n Ill. PUBLIC HEARINGS a CASE nUSE2008-012 -CO/\:DITIO,'/Al USE PERMIT AT 1607 WEST HARVARD AVENUE Fish moved ; Kr1eger seconded: THE Pl •BUC HEA~ING o, CASE ;USE2008-012 BE OPENED
AYES·
NAYS
ABSTAIN:
Bleile, Brick. Knoth, Roth, Welker, King. Calender, Fish, Krieger
None
None
ABSENT: None
Monon carried.
Planning Technician, Audra Kirk, \\as sworn in. She stated before the Commission tonight is
Conditlonal Use Case #USE2008-12, It was submitted by the app licant All Recycling South
for Conditional Use approval to allow a solid waste transfer station In an 1-2 zone districL
She stated for the record the Notice of Pubhc Hearing was published in the Englewood
Herald on October 3, 2008 and the applicant provided certification that the property was
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continuously posted from October 6, 2008. Also included for the record 1s a copy of the •
Staff Report.
The proposed solid waste transfer station will be located on six properties totaling
approximately 2 'h acres that will be combined tl,rough an administJative process. The
properties involved are:
1 :i07 West Harvard Avenue
1604 West Harvard Avenue
1754 West Wesley Avenue
1750 West Wes ley Avenue
1744 West Wesley Avenue
1 770 West Wesley Avenue
These properties are bordered by West We,ley Avenue on the north, West Harvard
Avenue 10 th e south and a vacated portion of West Pecos Street to the east.
•or the last forty years these properties have :;e 11 used together as a salvage and wrecking
·ard. Currently ther e are thre,~ buildings locateJ on the properttes. Two of the buildings will
be demolished in order to ~onstruct ' 11ew structure and a new concrete drive Isle. The
t·ansfer station will be located on Lot 6 anu "lll be approximately 15,000 square feet and
25 to 30 feet in height. This size and bulk ·, not out of character with the adjacent •
properties which are also zoned 1-2
• P _.-:hnf :.~ Z "'.1·1 Cor.:..-:.wo~ P.:.~h: H~_.r1r; c~ .. :•L.>E::'le.:.Ol ~~-:.i!C • .. •o .. r:~ ••:JC.~ 11 Oc:obet: I. ~OC~ P.,d o:1· 1 On-s11e stacking (or seven large-scale trucks, 2 Screening at 'lterior and e~tenor proper\) Imes to mi11gate n011e, transfer station operations and to help contaii1 !mer on the site. 3. Landscaped areas designed to C11y standards, and 4 The plan meet; dll Englewood Mu~1cipal Codes.
The Planning and Zoning Commission review musl determine if the request is consistent
with the Comprehen,1ve Plan and meeu the five criterion found in 16-2-12 Conditional Use
Permits.
The plan does support the goals of the Comprehensive plan in the following wa~:
1, The proposed use will create a balanced mix ol businesses and
2. Improve the building stock in the 1-2 district
The Five criterion that must be met are:
1. The use must be permit,ed as a Cond1tio11al Use in the zone district in which
• it is proposed to be located.
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Table 16-5-1 I. Table of Allowed Uses, a waste l/ansfer 1tation is permmed within the/.
2 zon e disuict.
2 The Cond,cional Use will not create significant adverse impac ts on existing or
future development.
The l/ansfer st.Jtion is expected to generate approximately JOO vehicle trips per day.
200 of these llips will be waste trucks, 50 semi-trailer (llansfer) llucks and 50 mixed
1 ehicles The quanuiy of llafi1c generated by the proposed transfer sta(lon will be
dispersed fairly eve nly throughout the day The peak of the llaffic is expected 10 occur
after Ihe morning rush hour w1ch a sign,{1canc drop before che evening rush hour. The
number of vehicle l11p s per day does not exceed llaff1c generation beyond what
would be generated by a use-by-right in Ihe zone disllict
A traffic study was completed in June 2008. Per thac l1afi1c study, multiple routes are
available leading 10 South Raflt.in Street, which feeds the siIe via West Wesley Avenue
.ind West HaNard Avenue In order 10 avoid impaas co the residential areas,
c•Jstomers will be direned to routes that bypass South Zuni Sl/eet and South TeIon
Slleets north of Yale Avenue. The preferred and recommended routes direcc cne l/ucks
co come into the site from South Raritan Sveet South Raman StreeI can be a:cessed
directly from West Evans Avenue on the n(Jrth or through various weets in the /. I
d ;scr/ct to the south
p·,mn.r:s :.r.d ZJn1:-.; Comrr.1\1 ~n fi .. bh. He;.r:r.1s Cue •L'SE:1:kl'-0l1 m.; Cc,r.;.:,:.11:1cr .::1C:·.: ,:'))S•! Cic'.G'.: ~I. :'lCS P:i.f~ .. c' 1· 3 The number ot off-street pa1rking spaces shall not be less than the requirements of Secti on 16-6·4 of the Engle\\::>od Mu mcipal Code. Section 16-6-4 f 5 of the Untf,ed De1 elopment Code, Un/;,ted U:es. state tha1, "In rev,ewing a development appltc.won for a use not speciiically listed, the C,ty Manager
or designee, shall apply the standard /Jr the use thac is mos, similar to the proposed
use•
Industrial Service and/or manufac111ring requ,re an area equa l to one quari.r the gross
floor area occupied by the use in a structure. Using thi; formula, the amount of
parking required would 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 proiect did go through the Development Review Team and was reviewed and
approved by all City departments.
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5. If the application Is for a Cond1t1onal Use telecommunicatoons tower or
antenna, it shall also conform with any additional standards and requirements for such •
uses specified in Chapter 16-7 of the Englewood Municipal Code.
This criterion is not applicable a.s telecommunication use is not part of ch ,s applicaiion.
Staff recommends the app roval of the requested Conditional Use to allow a sohd waste
transfer station in an 1-2 zone district
Ms. Kirk offered to answer any questions the Commission might have.
Mr, Brick stated he did not notice bicycle parking being included in the Site Plan Ms. Kirk
sa,d bicycle parking has not been identified ye~ but that will be a requ iremen t before th e
plan 11 approved through the Building Department.
Mr Fish asked Ms. Kirk if she could comment on the traffic analysis on a ny level Ms K11k
said she is not a specialist in the area of traffic, but 11 did go through the Development
Revie w T~am and th e Pub lic Works Division did approve the traffic study, which has been
revised. She said any questions regarding traffic would need to be directed to Ladd Mr
Fish said you have no comment as Staff on the increase or decrease or issues of traffic
surrounding this area. Ms. Kirk said besides the fact there w,11 be an obvious increase in
traffic, the routes that have been laid out going through Sou th Raritan are the routes that
will be recommended. The traffic study indicates there will be directiona l posti n gs on •
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p ..:., ~; .... : PJ ..... Ht..: r:.:> c .. t. "SE.:.i..• ~: b•" ! :, :)jF Pl$'!' 1 t'H I .. sir~~:, d.-ec;,ng peo;il" to 1ne .-.a ste 1r1111ier 11a: on in o•:ler 10 l.~ep t, e t·Jcl..s out oi the re; de1it,a' a·eas Mr = sh sa,d c.k. Ch.1 · Bl•·• e asked 1i Ir.ere ,•,ere an·, fur1her quest ons The·~ ,•.ere no: He thanl..ed Ms Kirk for her temmon~ Mr Greg Tan of the law firm of Greenberg Traurig. was s,vorn m He stated he represents
All Recycling South in this mat:er. He nid 1hey aopreciale tne oppor1un11y to be heard and
e~pem his comm~nts to be fairly brief He noted he also liad a short slide presentation. He
introduced Mr. Ed Dola11 who is President of All Recycling North, which is a tr ansfer station
north of Englewood in Adams County. Ed has ten years of experience operating a transfer
station and 1s expected to be the one 10 operate the Englewood facility we are discussing
10nigh1.
Mr. Tan stated this project has been a long time in the making. We first approached the
De ,elo1>ren 1 Review Team back in September of 2007 10 get their preliminary comments
on the i:-roject. Since that time we have continued our discussions with individua l members
of th~ team . We have had meetings with Audra Kirk in zoning. Ladd Vostry in traffic and
Larry Nimmo in engineering. The purpose was to get their feedback and to put together a
proposal that they could be comfortable with and that they would be comfortable In
re commend ing for your approval. As you have heard tonight, Staff ha s recommended
approval for the rirc;iosal and we belie~e that this is al least in part due to the time and the
thoughtful con• Jeration that we have pul into the proposal. The p eject does meet the
Englewood M'lnicipal Code requirements for approval of a Con ditiona l Use.
He stated he would briefly sunmarize what the use is we are tal:Jng about to clarify any
misconceptions that may be out there. We are proposing a transfer station . This is
complf'!ely differen t from a landfil l The purpose of a transfer statio n i~ lo provide a
destination for drop ofr or solid ,•.aste . After it Is dropped off it is gathered and placed in
tramfer trucks and transported to the landfill, which i; the permalient dest111at1on. Th1s
means that the waste doesn't slay on site for more than a matter of hours and by state law
will not be on site for more than 24 hollrs. 111 add11 ion, il's Important lo point out that the
transfer station will no: accept any hazardous waste or any hquid ,,aste
At this lime Mr Tan began his slide presentation He pointed out the subject property on a
copy of the Englewood zoning map. He noted the area to the east of the proposed project
is Ill Denver and that too 1s an industrial area The oei9)lbor to the east is the Excel
,6,rapahoe Coal Fired Pc-v, er Plant.
In order to earn approval the proposal has to sausfy the criteria set forth in the Englewood
Mu111cipal Code As Staff has pointed out our application does satisfy the criteria set for this
111 the Englewood Municipal Code It is consistent with the Co mp rehensive Pl an, promotes
the health, sa'ety and welfare of the communit1 and it will not cause significd11t advPrse
P;--;:x-:. • P,,I).,.:: ti:-.;;• r;i Cm•' St:;oa ~•: .ce! (k• : :'.I.!! r~ i= c. r 1; 1mr: JC:; u tne iJrroun::1118 n~1,;•.ho·:iood "ie Sl·d he ,, ,u J I,~ :o bric'• :?u:h on s:r-e o' t"~ fa::o•; 1-a: :.1 :: s. pc;,. •na Ccm:,i,ss o '1111v1.o;; Tri e, a te· '>:ecei,al) sen ice. "tra.111"r s:a~on ,·.111 provide a necess3n se·.1ce to the C11y or E 3lewood A tra ,1r.,, station p•o"des a lo.:al destmat,on ior the collecto1s 01 .,a,t, tJ drM c'i ! ,e v.3 te It c m,~a:es the need to tra\'el I ng distances tc. di,pose of 11 ult1matel1• in a la11d!ill. Cune·1tlv. Englewo:xl hJ, one t•ansfer st.:1uon. This faetl1t1 will add an
adc!,,,,,,a di~cs.11 rypt10" b.:.th ior the general public and for commercial v. asli? haulers
~ Redeve lop ment. Th:; p•o1ect entails pretty significant rede,elopment
oi th's propert') Current:y tne p,opert1 is mo1e or le!s dormant. There is some s•orage of
autos and salvage materals on the site and pa ·t o! this proiect the site wiil be redeveloped
htera,ly uom the ground up. It '"II be regraded, repaved, a new solid perimeter fence ";n
be installed aroond the site, several old bu~dings '""betaken out and a br and new transfer
building w1ff be constructed. All of these impro,ements -.-i!I increase both the aesthetKs
a.,d the actual value or the p•opert,
3. Revenue. The Engl ev,ood Municipa l Code contains a surcharge for
waste cli~sed of at a tra!lsier stauon of 20 cents per cubic yard Based on our estima tes or
the volum e that will be processed at this facihty we estimate the lipping fee will generate
S200,000 to Sl!J0,000 in •e, enues for the Crty annually
4. Jobs . All recycling exnec ts to hire 15 to 20 er ,ployees in connection
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S Traffi c. Traffic 1s certainly an impact we need to addre;s \\e are
loof.'ng a: "hether the p-:iposed use \\'Ill cause a significantly greater impact than a use-b)·
right. What Staff has found and what we have found is that that is not the case with this
faci :y \Ve a,e a,,.ire there , a resident·al area a couple blocks to the "est and as S:afi
poin ted out we will be requiring our customers to avoid Zurn and Tejon Streets in thos•
res,oential areas and to limit L,eu ingress and egress to ,d from the Ci ty to L"e indus:ria
zoned area streets
6. Building Heigh ts a nd Bull.. A new 15,000 square foot t.an,fet
building wlU be construct"d on the site. It will !:le approximatelr 25 to 30 feet in height
meta, beam construction, and will have metal roofing. Basicall), from the outside 1t w,
appear as a ,,arehouse. Tr s i1 111 hue w,th the character of tlie neighborhood
7. Screening, loadin g, Trafli c Circu lati on. We will also be constr.JCt1ng
a solid pe•ir,1eter i;ence ar"lu1 c the facil ty All oi •'1~ op<:rat1ons and traffic circulation will
be ·,>1thtn the site and screened from vie\,
8 "l:oise, light, Glare, Dust. There "ill be some operational noise as a
result oi tne operatio11s The proces;ing of the "~ste will occur \\!thin the transfer building
·::e don ta t,opa:~ an ..,,cess"e amot.1nt o· noise and certainly not more than would be
appropriate 1n an rndustriai area The enti· • s,:e "ill be pa,ed and s"epl da,ly and do not
a~VCll)at~ dust w, oe a11 1ssJe
9. histing lnfras lruc tu rc. There 1;n't a whole lot of demand ro•
rnirauruct. ,,e. t~,e is not a lot of v.ater, energ-, or waste "ater demanj from this use \\
don't anticipate an, impact on schools or housing m on other govemm~ntal servtees. •
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P .·J".1",. .. ~ 2.· ... ::-' :,r.rn:mi • P .... K: H~;.-i::.t: C .. : • )E.:fi! ~.: :•!C~:.· ..... o:-c!C~: •:•X• l! O~!;;~e· ~i 1X.S PJi:'1 or l7 1 ~ Parking. T,-e parking reqc.;irement 1s iour spaces: "e are proposing n·~e '.\ e belie, e t~at ,,:II te mo·e tha n sci1ic1ent to co,er any park111g needs ior the site. In su mmary, we f lie,e, as doe s St~fi. that this proposal meets all the requ irements set Ion~ " 'v\c.;nirmal Code for approval of a Conditiona l Use and therefore , we request that t, ... ' ,mrr.ission approve our application without conditions Mr. Tan thanked the Commis,,Jn and offered to take any questions the Commiss ion might have.
Mr \A. ~Iker asked 1i he was the only one who was going to give t~,t11,1ony. Mr. Tan said yes
unless ~e ne~d s assistance with any of your quest ions. Mr. Welker said he had a number ol
questions; some them operational.
Mr Ed De 1, President ol All Recycling South was sworn in.
Mr. Welker a:xed what "processing waste• means.
Mr. Dola,; ~aid in th,, facility the processing primarily wolild be to consolidate smaller loads
ol waste into one lar · ·• load so it can be transported more efficienlly through the City out
to a landfill. Also, at :.,1~ facility we will be recycling metals We will be using equipment to
physlcally remove m, ,is from the waste stream and divert them from the landfill. With a
facility such as this, and In the fut11re depending on commodity pr ices, landfill co.ts, luel
costs, etc . we may w?nt to explore diverting more materials out of the waste stream.
Mr, Welker asked Mr. Dolan to basically go throu1sh how the waste haulers dump and from
that point how it is consolidate d, recycled and locded onto truc ks . ·
Mr. Dclan said commercial haulers will be co, iing across a truck scale to be weighed. That
will determine the rate that the\ will pay. When they come in they will untarp their loads,
open their tailgates and dump onto what we call the tipping floor, which is inside the
buildi ng. A upping floor is a solid concrete floor. He pointed out the area c.n a shde.
General public, pick up trucks and trailers will be segregated in another area. Some sort of
physical barrier will be constructed so that they are not dumping where the commercial
haulers are dumping, Once the load has been dumped onto the tipping floor some type of
grapple machine, such as the or.e we use at our facihty in Adams County, will •emove
metals to be recycled Alter that a loader will push the waste to a loading area and dump it
over the top of semi-trailers.
Mr .\'elker asked if they crush the waste. Mr. Dolan said 1t will depend on the mixture of
the loads. We need to be conscious of not putting too much weight into the trailers. We do
use grapples to tap the waste down at our other facility. but that is not always needed. If
you have a load ol concrete or asphalt you may' not even want to load the trailer 100% lull .
P :.:."".lJ"i :::.. ~ Z . .r .. n.,. -----? ... ,,1; He .. rir!: c,,, •· 'SE:O' i 01 : -~C O::,,;ocr:!I :oc• p.,,,: ~on · ,\'r \\el,er ;a,d at.,tr t·,an \\'1dl ,-c,u call nazardaus o· l,quid "aste. pu don I d·st,n gJish I: :.seen ct~er th,n,;s J ,e co-,cr~:e tna l on be recycle.d 1e,vhere or road clebr•s You ba,,calli Joa~ it and hau ,ta:. a, Mr. Dolan rnd at a"r current iacilrti we will pull out large pieces oi concrete or asphalt if the,· car ea si~· be ider· iied One, we can avclid pa1•ing a lipping fee and have those recycled an~ also it save -on t:ie , .. ear and tear of the aluminum trailers Typically, whe11 we
see loads of t~at type co:n,ng in from job sites 11 ls alread) broke,~ up pretty small so n's
hard to 1dent1fy it and pull 11 out without pulling in a full blown sorting system, which is
eitremely e,pensive 1··s not practical with the way we are going to be load111g al this
facility.
Mr We!ker said so you are not really a high te ch operation, not processing ,ia a conveyor
belt or separating the waste magnetica 1ly or any other processing.
Mr. Dolan said that was correct. Mr Welker asked If they would be using the railroad. Mr
Dolan said no they would not be.
Mr Welker asked if the facili:y is continLally supervised so that somebody doesn't slip in
some liquid or hazardous waste.
Mr Dola, SJid absoiJtely. The equipment opera tors are trained to iden tify not allow~d
waste or potentially not allowed ,,aste Depending on the volume we are accepting at ,he
time we may employ spotters, who are also trained. An example would be 55 gallon drums
that ar~ sealed up. They would be segregated, Batteri es are another item that would be
removed We would ha,e the customer taJ..e it to the proper disposal site or If that's not
possible we will do it ou•selves. Our commercial customers that are supplying the vast
majority of the waste stream sign agreements as to what we will take. Every single load that
comes in, when they sign thcic weight uckct. there Is a statement on there stating they are
nol bringing those non ~!lowed wastes in and if they are they are either responsible lo
remove It or for tl1e expense to remove IL At our other facility in Adams County the
commercial haulers are actually gelling these types of agreemem, signed with their
customers that are filling their containers , They are tr\ing to slop those types of wastes
before they get i~to their containers and trucks.
Mr Welker said the supervision you respond to Is personnel, not r• 1ole cameras Mr.
Dolan said no. "'e wa'1t a.:tual people visually ins pecting the loads. Mr Welker said he is
more concerned when the wa,le is being unloaded. He asked ,f Mr. Dolan has any concept
of what the frequency of the over the road vehicles will be that you will take away from the
facility per day. Mr. Dolan said approximate ly 50 outgoing loads per day. Mr Welker asked
what landfill will be used, Mr Dolan said most likely all waste will go lo Allied's Tower
landfill by DIA. Mr. Welker said you talk about hours of operation of approximately 12
hours a day f,ve days a week with a partial day on Saturday, I am assuming that is to
accept waste. He noted there is a request rn the wrile•up th at Is requesting no condit,ons
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P ,.r; ;1:-:~Z .. ~Ct -.ci P~r. = lic:.r ~,: C.-:~ St:. ·-0 :.r~C'>n:.--JO :"C.•11: Ck~~ : ,l P.11: "• r. ~ on hours of coi rat1or He said he 11 mc.•e conceme;; about t•,e 1-iou,, ;ou accept .... aste and "hen vou haul 11 a\\J~ no1 .vhen 10~ ma; work Gr.-site , He was reticent abo ut ha·.1'lg open-e nd g;ara-,tee d1ere ;-.c~·t be a cond ,t,o'l a foe:!. He ~a~ cont er"s about a round 1 ,e clock operation ,-,,Ir Welker said he real·zes the builJ1ng hts to oe rf~t1 ely open to get big trucks in, but he 11 cancer ed about wind and wa,er exposure and 1rash being blown and washed away He
asked if there has been any concer'l in th•, regard at otner facil.ties. Mr Welker stated he is
iamiliar with the present Englewood facility. Mr Dolan said the design i; 1imi13r to the
present Engle • ..,ood facil1t,, the lacil1ty we o-.,n and operate in Adams County and the one
Waste Mana~ement operates In Commerce City. We v.ill,be dumping Inside the facility and
the waste w111 be protected from most precipitation. It would take a treme ndo us amount of
rain or water to saturate the waste and not hold it.
Mr. Welker asked Mr. Dolan i, tney were prncessing nostly dry material. Mr. Dolan said
that was correct. Mr. Welke : as~e ! if Mr Dolan had any idea of what their service area
would be. Mr. Dola.1 said aop1,,w11ately a trn mile radi us. Mr, Welker asked if there is any
fire suppression in the build -3 111 elf should ~C:'llethin-: spill or a fire occur. Mr. Dolan said
there are hydrants in the street on th• n, •lh side of the building and All Recycling will have
the appropriate amount of ex•.,1gui1',t:« t JI we are not going to be training our employees
to be firefighters He stated at som• ,:en· :'· · ,e will be a fire .... somebody will put their hot
coals from the grill into t P tr sh and "rrn 11 hi11 the floor it may ign ite. The1• have the
necessary heavy equipmer t t,~ ,', i,, isolate that from the rest of the trash pile so 1ha1 it
doesn't spread. Mr. Welker said 1 .J 1r process would be more to isolate It and then have the
fire department put It out Mr Dolan said tha1 was correct He said m i"e past si, vears the
l\orth Washington Fire Departme11t t-.as responded to our north facility once or twice and
they "ere both ver,· minor mcidence;
Mr. v\ elker said he is concerne,, about ground water contamination. He askej If All
Recycling is going 10 contain virlJally everything you would wash down on the srte Mr,
Dolan said yes. He pointed out th e storm water containment areas on the map. He said
they do plan on cc '.>1)'''1~ ,. ith all the City's regulations regJrding storm water. Mr. Welker
asked 1f the build out l1 ·' be done initially is basically all that would be done on the site
or do \OU foreseE any e~p". ,s 1on of building size or capacity. Mr. Dolan said the only thing
he could possibly ,ee changing is part of t'le use of the building we're proposing 10 build in
oder to accommodate more recyclrng . There shouldn't be a need for a bigger facility Mr.
v\ elker asked If the building loca·ed on the south side of the sue is for offices. Mr. Dola11
said yes, that's correct. Tha' , an existing building we will retain. We will also be doing
main• ?nance of equipment e
Mr .,rick asked if All Recycling South w,11 re qui re all incoming loads be covered Mr. Dolan
said they yes they will be Rates are doubled !or any loads not covered All commercial
customers will be re quired to cover loads in 1heir service agreement.
P . .:.··•r-~:.•n1C ~ .. -:-.roq P:Jb h, }-fr..:1~ti C,uc •-SE:?C• .. t: :·~ Co:-.1,m.:J:1•r. o: CJ1 : =: ():•,)"'-:· .:. :oo~ rJ.;~ i00f .. Mr Kiri asled · t~ere a•~ all, cur·en: e~,11.:mmen:al 1;sues on tne site that the. need to m11.g a:,-1.1•. Do lan said he 1s not a .. a,e o' a ,, Mr \\e:ler asked nan assessment has been done on the site. Mr Dolan sJ1d he bel ~. ed a Pn,t,e I "as done wnen it VI as purcn,11ed He SJ d ne was no: involved in 1,1• purchase process and would have :o check w1t1 L~e o,•.ner; .w \\'ell.er saio he would ask the City tha• pNhaps the, ;'iould be 1,1iorr1e,:I of a'ly :;roblems
Mr. Fish asked Mr Dolan ;bout the lms of materials both coming to and from tre fa c1l1ty
Ho" clo yoL1 keep materials on the tru cks leasing the facilityl Mr Dolan said all tne sem1•
loads are tarped It's all .-!011e mechanically. The other thing we do is when the truck 11
finished loading II pulls up 'lext :o s~Jfiold:ng and the drivers go up and clean off t,e entire
top of the trailer. There's about a 6 inch lrp around the top where small debris can
accumulate Mr. Fish said 1n your traffic analysis you talKed about the primary times at
which your cus tomers would be coming in would be between the two rush hou•s. How
does that work? Mr, Dolan said it is somewhat through design by the hauling companies.
They want to be out on the arterial roads during the non-rush hour times. Most
municipalities now don't allow for collection to happer, until 7 a.m. By the time they fill the
vehicle it Is mid-r orning. They may go out and fill 11 again Nith the intention of getting
those truch rJL: in their yard around 4. We can see customers at 4:30 or 5 in the
mornirig ... somelimes they have loaded their truck the day before and rather tha, dnve
through rush hour they will par~ the vehicle an d come in early in the morning Mr Fish said
your facility 1s open 12 ½ hours a day, but you are receiving mdterials during trus
conce<1 tr1ted per:cd and the rest of the time they are sorting and processing. He as~ed
when the11 vehiclP would be leaving Mr. Dolan said they will be leavi ng pretty evenly
1:iroughout th e dJy. Mr , Fish said 1·ou me,1tioned in your report that 1f tnere is problem with
odor, a misting odor abatement syst~m will be installed Ii there are problems within the
neighborhood do you have a process In olace to take that feedback f•o m whatever ~ource.
Ho" -Jo you determine if there is 3 problem or not1 Mr. Dolan said at their current facility
in Aoams Cou nty v.c know our ;ieighbo,s and ,t has been several years since anyone has
come 10 him with a11y concerns. but we have an open door facihty. We need to bt• good
neighbors to tnose around us. There will :ie management there and the owners are I Jcated
right across the s:reet We also will be responsible to the City; if the City receives
complaints we will need to clear up those issues quickly. He said it is their i ten·ion to
iiwest millions of dollars mto this facil11y "1th the intenti on of rllnning for a long tin e. We
w1derstand th e 0111 •,. v that 1s going o happen is if we are good neighbors tc• all in
Englew•Jod
Chair Blt!,le asked how All R~cycln,g's rates fall into !in<? with the current fac'hty in
En~lewood Mr Dolan said they have 1101 be~n se~ but will be competitive Our :utrenl
fach,ty is a little cheaper than Waste Management up north.
~ Ir. Welker asked if the re are any other hcilities within five miles of Waste Managem~11t's
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current facility m this part of the City. Mr , Dolan said there is not •
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P -·•1r.f ~ .. ~ Z,:m,·,. :.il:' .. T.: 11 P~• .c H:.ir:rrp C'" :i:t.S E~OCS -IJ : .. :i .. C et •,.,o1:;o:"10fC.;,,,i;;:_:;o!,ll 0::''<• 11 :xs P~;e lto(P M· Roth sa,d one oi the statements made in your packet was that th~ number of veh,de tnps per day does no t exceed the traffic generation beyond ,·.hat wou l,;. be generated in a use by-right. Ho-, dod you determine\\ I.at a use.b~-right number would be1 Mr Ta n said by use-by -right we mean use1 that a•e all owed in the 1-2 zone that don't need any type of ap proval m ord,•r to operate. There 11 a lost of uses-by -right and some standard traffic generation tables that we used to make that conclusion. Mr . Fish no ted it Is in Appendix B of t',e packet.
Mr Roth said exit and en try routes have been set up He said although 11 11 a very small
volume making the left hand turn off of Raritan onto west bound Evans, I'm guessing a
truck driver will make that oner: before he looks for an alternate route He stated he also
has experience woth the other facility 1n Englewood and in doing river cl ean ups just west of
the facility there was a great deal of material that exited their site. It took several of u1 all
day In that se:,;or,. How will your process eliminate some of that? Mr. Do la n said the
design of u,~ '),,il,lhg should help protect the lacility from wind more than the Waste
Management fac111,(s c11rrently does . Beyond tha~ some paper is going to leave the
propen1 In our current facility we employ full time trash pickers who patrol the inside
property and th ~ surrounding two block area. Also, we will have solid fencing that will help
pre,ent small pieces from getting through .
Mr. Bntk a,~ed If All Recycling is committing to policin11 a two block area surrounding the
Englewc;o~ facility. Mr. Dolan said yes .
Mr. Welker asked 1f the business is regulated or monltored .... do you have a business license
from the state/ Mr Dolan said no, there is no license from the state, but there are solid
wast• regulations that the state has We have touched on a few already such as waste
neecis to be removed within a 24 hour period and to create a separate dumping area for
the public as opposed to the commercial dumping vehicles We are subject to state
inspections. He stated he has never had the pleasure or a state complaint or had them
com! to the facility other than when it opened and they came to see it.
Mr. Welker said he has a follow-up question for the City on the same issue. What is the
C1t)"s monitoring process for co ll ecting compiaints and dealing with issues1 Ms. Kirk said
the Conditional Ust: is good for a period of one year and during that period ii we do
rcce . e complai n:s tfie Community Development ofi:ce will kce;i tra ck of them. If there arc
complaints Stait will review that when the year 1s up and their review 11 due. Mr . Welker
askeo if ther e is an annual review every~ ear. Ms. Kirk said yes.
Chair Bleile asked if there were any further questions. There were none.
PUBIJC TESTIMONY
• Mr ohn Hanson was sworn In. Mr Hanson said he has a sign comrany 011 the corner of
HM\ a•d and Raritan . In the pas~ during th l winter months whe,, we have a good
~-"c!":""f;.r,!2 -~r.1~-::..s,,c:-P,,1,hc Hi:;:.:11:;; C,ue •L'SE.~00S-1)1: ;1r\J Co:-t,n .. _..~, ,n C;-.c •!Ul'..S· 1 OClu,,·: ?OC· P!J! t: o' l"I snowstorm that stretch ot road where 11 look; like }OU plan on bringing your trucks out will gMerall·, be sn ow covered a'ld rs uctouched b} the Cur He asked 11 there "ere an1 p!ans to dea l with that by All ReC)clmg or th e Crty. Ms. Reid nformeu Mr. Hanson thJt during a hearing the pubhc can pose rhe torical questi ons (o r the Commission and they may discus, or ask questions later; it is not a quest1on and answer forum Mr. Hanson sard o.k He sard the road issue may be sorcething
you might 111ant to consider. He said he would not \/\ant one of the trash trucks to slide into
one of his employee's vehicles .
Mr Brick sa d he would thrnk that would be a concern to the waste haulers as well. He sa id
he doubted there will be any changes from the City.
Mr. Hanson said he was more interested to kn o,v what exactly was going on and all of his
questions had been answered .
Chair Bleile asked If anyone else wished to speak There was no one.
Fish moved:
Knoth seconded· THE PUBLI C HEAR ING ON CASE #U SE2008-0 12 BE CLOSED
AYES·
NAYS :
ABSTAIN ·
ABSEr--.'T
Bleile, Brick. Knoth, Roth. Welker King, Calender, Fish, Krieger
None
None
None
Motion earned
Cha ir Blei le asked if ther~ WdS any discussion or comment,
Mr. Brick said other than the publrc testimony regarding that one stretch of st reet he saw
no public objection at the hearing and believes the information we were given more than
adequa tely sho"s that th is use fits the Comprehensive Plan and also it's an opportunity to
improve that area. He said he is a httle 611 conc erned about odo r and agrees with Mr. Roth
regarding the safety o( turning vehides off of Raritan Other than th at th r• is an opportunity
to create new jobs and provide an oppo rlunity for some competition in an area tr .at has
been closed to co mpetiti on for a long time.
Chai r Bleile shared the same sentiments
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Mr Welk~, said he asked a lot of questions and received pretty good answer ; to them
within the realm of what has been worked out The fact that the company operates another
facilrty In the metro areas basi ca lly says they have encountered mos t of the problems we •
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P .. ~r.1 r; ~-:: :.:i.-.. rf C :-.m:ss .,., ~.;bhc H~:.r-"J'l c.ac •· ... sc...:s.i:.: ~.c: c ... ::· · .. .::1 -.. cl c.:.~: ,:"A " 11 Cl:"tobcr 11 :.)OS P.:.;c :i tif •• ,\Ill :ia,e 7ne com pa ", seems equ,;:,ped to deal .,1th issJes that might come up and seem committed to bei r s a goo c c1t,:er '>.1r Fis~ said t'le·e is bou:·d to bear ir,,pact on traffic 111 developing tn e area, but is a•1 appropriate use for that area The traf11c st udy ind,cates it s a reasonable amount Mr. Welker said he feels the road system In tnat area 11 capable of directing th~ trJf11c a·1d
in the couple of places where there may be a left turn problern onto Evans they can use
Tejon where there 1s a hght Mr f..mg noted Raritan is a lightly tr aveled street.
Cna1r Bleile said the only minor nag that caught his eye is that the application stated no
conditions. Mr King said ) ou ha,c 10 consider that the landfills are only open dJring
daylight hours and who is going to be bringn,g loads in during the night Mr. Welker noted
,\ii Recycling can monitor their delivery hours that they accept waste. He said he didn't
believe that trere 1s gcing to be any noise t:· · :: t•othrr anyone because they are quite a
ways awa1 from any resldential. Mr. Roth not~d they also wtll be locateci n~xt to the power
plat.
Welker moved.
Brick seconded: CASE I/USE20tJ8-012, CONDITIONAL USE PERMIT FOR A
SOLID WASTE TR.A.NSFER STATI0:--1 IN AN 1-2 DISTRICT AT
1607 WEST HARVARD AVENUE, BE RECOMMENDED FOR
APPROVAL TO OTY COUNCIL WITH A FMORABLE
RECOMMENDATION FOR ADOPTION.
There beir1% no further comments Chair Bleile called for a vote.
AYES:
NAYS:
ABSTAIN.
ABSENT.
Bleile, Brick, Knoth, Roth. Welker, King, Calender, Krieger, Fish
None
None
None
Motion carried.
At 1h11 time all pub lic d 0 parted
~ CONTINUAT IO N OF CASE #2008·11 -AMENDME:-.'TS TO TITL E 16 RELATED TO
HARD SURFACE AND COMMERCIAL VEHICLE WEIGHT
K~oth moved:
f..rieger seconded. THE PUBLIC HEARING ON CASE #2008·11 BE REOPENED
AYES·
"""s
Bl eile, Brick, Knoth. Roth, Welker, King. Calonder Fish, Krieger
None
r ,.i.,r.1r.~ :.nJ :'m:.•nJ C ... rr P-.N.1 H-:-:.w; C~;: •~-s~~-::0.• " : .;..".! C 0c 'Ob-!7 1 :OO-! P.;, :-on· !\SST -\I,· "-c. e ABSE~,T ~'l"e l\\ot,on carried Senior Planner, Trtoa Lang-n, "as morn 111 Stated for the Commiss1:>n's cons1clerat1on tnis c,e1\ing is CI\SE ,2008-11 from Septembnr 16, 2008 for proposed Amendments to the
Unified Oe\e!oprr.ent Code (UDC) of the Englewood Municipal Code pertaining to Hard
Surface and Ma~imum Weight of Commerc;"' Vehicles in Residential Districts. Previousl1 at
the September 16. 2008 hearing proof of publ1cauon of the Public Hearing was submitted.
That publication was in the Eng'eNood Herald on August 29, 2008. The Staff Report was
also submitted. The request before the Commission 1s to review, take public testimony and
forward to City Council a recommendation for appro,al of the proposed Amendments
Two topics are addressed in this UDC amendment proposal
(1) Maximum weight of a commercial vehicle allowed to be parked on residenual
property. This proposed amendment to 16·5-4.O2c( 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 purpo;es for this Amendment: ( 1) fo r Municipal Code consisten"
Chapter 6: Vehicles of Title 11. Publ,c Wars and Property has muluple references to that
7,000 pound limit and the traffic division regJ!ations are based on the 7,000 pound weight
lim1~ (2) to simplify enforcement of regulations and (3) conservation 01 resources since the
trai'ic signs in the City already use the 7,000 pound hmiL
(~) The seccnd area deal, with Hdrd Surface and they are also made in th e interest
of Englewood Muniapal Code consistency. Title 16 is the uea that the Planning
Commission is considering and Amendments to Title 16 are acco, panied by amendments
to Titles 11 and 15. The1· are de,igned to use the same terms · r ushou: the Muniapal
Code ior Har d Surface as related t-.i parking arc,1s
Each of Titles 11, 15 and 16 uies .ery similar, but not the same language 10 discu,s parking
surface, so there arP d11ierent 111te•:,re1.1oons and enforcement problems Title 16 (zo•1ing)
s~ys that no gra,el material is allowed for dri\ eway s.1rface. Title 1; (Health and Sa11itJtio11)
say\ that gravPI 1~ an a;,rm.wed m,H 0 ri ti. wh,,h crclt,;< an enforcement issue.
The three proposed am,:ndmcnt; IP the UDC are 111 s~clions·
1. 16-6-4 0 Off-Street park111g and Load1113 i::equireme1lls
1. 16·6-10 .B.S.,L,-1). Res dent,al Drive"ays and parking Pad1 within the front
Yard or Setback Area
3. 16-11·2· Definition of Words, Terms, and phrases
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P'.::-,iinr i:l"d Z·ntr.~ Cc:'111t" .. ~Mn P .. :. r: H~.u1n11 C.u: •l SE~OC; -01: ~'"d Ccr.U1.;:;c.r o! .._:i: ;;-:oo, . O::~:cr 2t 2005 P,g, IS 0117 In those tnree S~(!JOns oi T,tle 16 and in 1ne ,arious s~~uors of T:les 11 and 15 1hroug' ,out 1he Municipal Code 1he term Haro Surface will mean a durable surface of concrele, asphalt, brick, pavers or similar al1erna1e ma1erials approved by 1'ie City . The inter,! 1s 1ha: dr'VP.wa, and pJrk.ng sudaces lhroug:•out the City would be hard surface so that 1hey are durable. will 001 ,•:,ily erode, ,...;11 not readil;, de1eriora1e or spread material into 1he public way. This Amendmeni also proh1bit1 dir~ gravel, and grasscrete surfaces for park111g areas.
The , pose of all 1he Am,noments 1s for consistency 1hroughou1 all T,des in the
E11glew1.,.;id Municipal Code.
Ms. la 1gon ofrered to answer any (!:. .,tions
Mr. King no 1ed In the Staff RP'Ort ii was nr•.ed the Public Hearing was opened on
September 17, 2007, it shoulc' be 2008.
Fish moved:
Knoth seconded: THE PUP' IC H~ARI, G ON CASE /t2008-11 BE CLOSED
AYES:
NAYS:
ABSTAI/\
ABSEt,;T
Bleile, Brick, Knoth, Roth, WP!ker, King. Calonoer, Fish, Krieger
None
None
t-;one
Motion ca,,,~cl
Mr. Knoth moved:
Mr. Roth seconded: CASE #2008-1 1 HARD SURFACE AND COMMERCIAL
VE' 'ICLE WEIGHT AMENDMENTS TO TITLE 16 UNIFIED
DEVELOPMENT CODE BE RECOMMENDED FOR APPROVAL
TO CITY COUNCIL WITH A FAVORABLE
RECOMMENDATION FO R ADOPTION.
Mr Brick s> j h~ believes the Amendmenl promotes the cleanliness of residential
neighborhoods and also the Integrity of the residential neighborhood, making sure It is easy
to enforce where there is abuse by commercial vehicles.
Mr King stated he would vote yes v. 11h the general understanding that S1afi pursue the
definition of •·commercia l vehicle" In the future,
AYE~
NAYS
ABSTAIN ·
ABS~r-.:T
Brrck, Knolh, Roth, King, Krieger, Fish, Calonder, flleile, Welker
None
None
None
Pl::.-:;i.n~ : .. ~ z~~~-.:-:.i i:--.~ ~1o r: p,.. .. ,:H-:.· .. P c~~•· sE;x s.:i.~ :.·:!C ... .n-1-.: ,.. o =~~ •:;,o~., 0 :: ,.. : :X,! P:.;: !6c' 4"' IV. PUBLIC FORUt-.-1 0: Tllere ,-.,as o p.;bl,~ present
V. DIRECTOR'S CHOICE
€i? Mr White was not p1esent
VI. STAFF'S CHOICE
~ .V,s. Langon noted in t he meeting packet there "as a memo regarding changes to
Board ind Commission appointments. She asked the Commission to please review. Ms.
Krieger ar,d Mr. Bleile's term s expire in February 2009. At the November 4" meeting we
will have applications and deadl ine for submitta l ii you wish to ·eapply. The deadline is
November 26".
Future meeungs include:
t-:ovember 4 Priorities, Small Area Plan Update (John Vob,ril) and landscape
Anendm':'nts
Mr. Calonder had a concern with that day being Election Day and members being late. Mr.
Welker said he would li~e to keep that mec 11g as short as possible Ms. Reid said ii we
!,ave a quorum , .. !'II mO\ e ahead and ii we don't we won t.
November 18: Landscape Amendments and Pubhc Hear11,g for Planned Uni,
Development Va cation for Englewood Es tat es oli Quincy Avenue.
Decemb~r 2. ,\'ra:i up for the year.
December 16· The members all agreed 10 cance l this meeting.
Ms Langon noted " th all the Arrendments to the Uniform Development Code within the
last le;; montns out of the 300 and some pages of the UDC more than half are affected by
changes. The copies of th e UDC the members have now are .iutdated and the COP\' on the
web Is also not up to date. She cautioned the members that if they are using their UDC it is
not up to date As soon as the changes have been codified you will be give11 a new copy of
the entire code.
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P..nc:.-.~ .. z-,c.~;Ct.r.01 r. Pi.t'i H.-,.,;i e •tJ:i-::1.1!-" : ,,.~ Ce;· .::1...::' ,.!', qf(~t •: Oc:ober 11 JOO~ PJJ: P<1f fl Cha11 Bleile a;k~d 1! J~yone ,., ;hed to 'lave an electronic version versus a paper copy Ms ~rieger said you can t bri ng tha, to a n.e~tirg Chair Bleil~ said he would much prefer 1t on a disk ,\.'r 6·ick s~1d ne ,·.ould 'le both. VII. ATTORNEY'S CHOICE Qi Ms Reid has notning further to re;iorl.
VIII. COM \i\lSSIONER'S CHO ICE
~ Mr. Fish asked what is happening at the Brown house at 5. University and Dartmouth
Avenue
Ms. Langon sa ,d the Joshua School , which is a school for autistic children, has bought the
property and gone through a variance. The school is a use-by-ri:;ht 1f the property has ~00
ioot of street frontage. That property had 159 feet so t' ,;:y went thr.,ugh a variance and
public he •. 1g and received their variance for th~ lot width and also for the side setback.
When the house was originally moved onto th~t property as a residential use 1t met the side
setbacks As a school or a non-residential 1.se it did not meet one o( the side setbacks, With
those two variances they vacated all Cllher , ariances on the prop ~rty, The use varian ce for
office use is now gone. Interior work is curre n,ly being done. The number of children at the
school i~ expect~d to be appro~1ma tely 16.
Mr. Brick asked about the property at 491 S S Galapago or Fox, he isn't sure of the address.
He said there is a condemned sign on the property.
Ms. Langon said that wo•;ld be a building di sion, health and safety or housing code Issue.
She offered to look ln:c-11 if Mr Bnck could provide ti,e r.orrect address.
The meeting adjourned at 8:35 p.ni .
tdJ~~
Barbara Krecklow, Recording Setret3ry
• CITY OF EN GLE\'\'00D PLA>.;NING AND ZONING COMMISSION
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II\ THE MATTER O f C~SE F2 008-11 , FINDINGS OF FA CT, CONCLUS IONS ANO RE COMMEN DATIONS RELATl'IG TO THE UI\I FIED OEVELOPMCNT CO DE HARD SURFACE AND COMMERCIAL VEHIC LE WEIGHT AME NDME NTS
INlflATED BY:
Community Development Depa11ment
1000 Englewood Parkwa y
Englewood, CO 80110
FINDINGS O F FACT AND COl~CLUSIONS OF TH E CITY PL.\Nl\'ING AND ZONING COMM ISS ION
Commission Members Present: Bleile, Krieger, Calondcr, Br:ck, Ki11g, Kno th, Roth,
Welke r, foh
Co mmission Members Absent: None
This matter wa s hea rd befo r~ the Ci ty Pla11 ning and Zoni ng Com mission ,,n Sep tember 16,
2008 and October 21. 2008 in the City Council Chambers o ( the Englewood Civic Center .
Testi mony was received fro m staff. The Commission received notice o( Public Hearing. the
Stali Repori. and a cop\ o( the proposed amendments to Title 16 Unified Developme nt
Code which we re 111corporated into and ma de a pa rt of th e record of the Pub lic Hea ring
Afte r considering the statements of the wi tness, and reviewin g th e pertlne11 t documen ts,
the members of the City Planning and Zoning Comrni•\ion made the following Fmdings
and Condusions
FINDINGS OF FA CT
1, THAT the Pub lic Hed ri ng on the Ullified Devel opme llt Code Hard Surface and
Commercia ' Veh,cle Weigh; Ame~dments was brought before the Planning
Commission by the Department of Community De, clopmcnt, a depa rtmen t of the
City of Englewood
2, THAT no t/le of the Pub lic HeJring was pub li shed in the Englewood Herald on
August 29, 2008.
3. TIIAT the Staff report "as mac!e part of the record
THAT 1. I !'lt11d Dc:H•lopm,ent Cooe ",1, adopt ea in 200-1 and ,t "J; the first rna ,..,r rP,',rH ot t'1e :::,n,ng and subdh 1;1on reg1.1l,;:,ons in o, er ~O \ ears 'i. THAT becau;e or t. ,e 1ize o i the Un ifi ed Deve lopmen t Code, small °' ernghts and er,ors .,e-•' l"e\ltJble and \\Quid be addre;sed thr.:iush upda1,ng amendments. 6. THAT the amendme01ts are designed to correct omissrons ,rnd provide clarrty to exrstmg regulations.
7 THAT the am~ndment; are designed 10 pro,ide cor'.s1sten c1• to Titles 11 , t 5 and 16
of the Engl e" ood Municipal Code.
8. THAT the amendmems to the UDC, previously reviewed at Stu dy Sess,011, were
presented.
1.
CONCLUSIONS
THAT the Public Hearing on the Unified Dev · nent Code Hard Surface and
Commercial \ ehicle Weight Amendments w. orought before the Planning
Commission bl' the Department of Community De, elopment a department of the
City of Englewood.
2. THAT notice of th e Publi c Heanng was published in the (nglewood Herald nn
August 29, 2008.
3. THAT the Unii,ed De1elopment Code "as adopted in 2004 and it was the first
major rewrite of the zon ing and subdivision regulations in 20 years.
4 THAT because of the size o: tne Ur,·fied Development Code, small oversights and
errors were ine1 itable and would be addressed through updating amendmenls.
5. THAT the amendments are designed to correct omissions and provide cl,1rity to
existing regulat io ns.
6. THAT the amendments are designed 10 provide consiste11C) to l11les 11 , 15 and 1 &
of the Englewovd Municipal Code.
7. Tl IAT the p reviously discussed ;;mendmenu ,~ere forwarded to City CoJ~cil.
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DECISION THEREFORE, it is the de .is,on ol the City r>ianning and Zo11111g Comm ission that Case #1008-11 Unified Development Code Hard Surface and Commerc ial Vehicle Weight Amendments should be referred to the City Councii with a favorable recommendation.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning a"d Zoning Commission on October 21, 2008, by Mr. Knoth, seconded by Mr.
Roth, which motion states:
AYES:
NAYS:
ABSTAIN:
ABSENT:
CASE #2008-11. HARD SURFACE ANO COMMERCIAL VEHICLE WEIGHT
AMENDMENTS TO TmE 16: UNIFIED DEVELOPMENT CODE OF THE
ENGLEWOOD MUNICIPAL CODE BE RECOMMENDED FOR APPROVAL
TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR
ADOPTION.
Bleile, Brick, Knoth, Roth, Welker, King, Calender, Krieger, Fish
None
None
None
Motion :arried.
These Fi1:d.~gs and Conclusions are effective as of the meeting on October 21, 2008.
BY ORDER OF THE CITY PLANNING & ZONING COMM ISS ION
Bridll Bleile. Chair '
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ORDINANCI: ll,t l SFRIES Of 200S LI\ 1WTIIORII \ l'OU~CIL All I NO 79 11\TRODU<.'EO BY COUNC IL MEMllER ___ _ /\ BILLfOR
AN ORDNANCE AMENDINCi 1 ITU, 11, ('I !APTER 6, SECTION 2: Tri l,E I 5. Cl IAl'TER
I. SECTION 2: AND TITLE 16,CI IAPTERS S. 6 AND 11,0FTIIE ENGLl;WOOD
MUNICIPAL CODE 2000. REGARDING HARD SURFACE STANDARDS AND
COMMERCIAL VEIIICI E WEIGHT.
WHEREAS, the Englewood Mumcipal Code contuil15 scvml references to the maximum
weii;ht or commcrciot,·eh1cles rclnuvc to where they may be pmkcd, and
WHEREAS, nil rdcrcnces ,n the Englewood Mwticipal Code except 16-5-4(0)(2)(c)(l) use a
maximum weight hm11 or 7,000 po11nds; nod
WHEREAS, the pa;sagc orthc proposed Ordinance would make the CoJc consistent. case
enforcement and conserve resources since the traffic signs already rcrcr to the 7,000 pound limi t;
and
WHEREAS. currently <~ch Title uses similar but inconsistent languagt to discuss parking
su1 foccs. including nll owcJ mmcrials which creates 1nterprcta11nn and enfe.~cmcnt conflicts among
the three Tnles; aoo
WHEREAS. the propnst'<l nmcndmcnts coo rdinate the Jcfimuon oflt.s, , trfocc and its usage in
the Enl_!lcwood Municipal Code; and
WHEREAS, the l:nglcwood Planning and Zomng Conunission held public hearings on
Sc111crnhcr 16 and October 2 I. 2008, regarding the Title 16 amendments nod recommended
forwarding the prop<1scd amendments 10 City Council;
NOW, TllEREFORE. BE n ORDAINED BY Tl m cm· COUNC IL Of' nm crrv Of'
ENClLFWOOO. COLORADO. AS FOLLOWS:
Sect1\ln I. l11c City Caunc1I or the C'lly orf:ngle\H'lod, Colorado hereby aut horizos nnicndrng
Title 11. C'lwptcr (1, Scc11011 2, Suhsceli<>n (C). Paragroph 2. or the fnglcv.ood Mumc1ral Code
2000, 10 read as follows:
11 -6-2: l'•rki nwStougr Rrgu lulon, for Rrsidrnllal nlstricts.
A It shall be unlawful for any person to store u vch1clc designed and used for rc-crcat1on
purposes, including. but not limited to. one or more motor homes. boats, campcn, tntilers
used for C#rrying boRIS. hobby or dcrolicl wh1cl cs or racing cars, motorcycles and other
cquipmen• or motor ,i,hicle. upon the public nght~f-way .
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The ,-chicle may be parked ,n the 111gh1-or-way for no more than SC\'COl }•I\\O ,n , hour, wuhm any one week "h1lc being cxpcd,uously loaded or unloaded. B No person shall pnrk the following described vehicles on public or pnvntc propcny ,n rcs1den1ial areas except while making nomml deliveries or being us~d to pcrfonn the spec ial operations for which it is designed : I. Any vehicle with on empty we ight in excess or seven thousnnd (7 .000) pounds (70 C.W.T.).
2. A road tractor. trUck tractor or semi-trailer.
3. A truck constrUcted or adapted forthe pwposc or transponing or dclhcry of bulk
gasoline, petroleum • ;oductt, or hazardous substances or matenab.
4. A tow truck or automobile wrecker.
5 A chun:h bus or school bus not used for school or chun:h purposes.
C. N, person shall park or store any vehicle on private propeny in violation of the folio" mg
restrictions·
I, No vehicle shall be parked ln such II way 11S 10 block Lhc sidewalk or 11ny portion of
the public sidewalk.
2 No vehicle shall be parked in front ,r tht, front setbacl of the principal structure
unless located on a """"' al•. hAoli P"""'•• &opllall 611ffaae, g1<1 el er elher oilllilarly
finished lw4ened er dust r,;H Mklee hard durable surfa" g[gposr;cse amblh
brick RfYS[$ or similN Ahemats matcria:11 APPmvcd bY lhS Cirt-
3. In no case shall more than one commercial vehicle be parked or stored on property
in any residential zone district, whe1hcr in a private garage or carpon, in an ofT-
strcct parking space .ir in an open-space area, and the s,ze or sa,d commercial
vehicle shall not cx,·ccd empty veh;cle weight or seven thousand (7,000) pounds (70
C.W.T.).
4. Detached campers shall be stored in the area identified as the rear or side yard and
shall be stored on blocks or suppons not more than six inches (6") in height, or on its
loading jacks or apparatus at their lowest limits. All loading equipment shall be in
good repair.
S . No person shall occupy an)• vehicle m -.ola•ion of the following:
a. No molar vch1clc or velucl:s shall be occupied or used for hvmg or
housekeeping or sleeping purposes or for the housinr ,cping or animals.
except as pro-.ded m subsccuon b below;
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b. Upon the application of a resident of the City. a special pcnnit may be issued
by the City for u nonresident journeying in n recreational vehicle used for
housekeeping purposes and who is visiting s t the residence or the npplicant. to •
occupy the rccrentiona I vehicle at the applicant's residence for not more than
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propcny or ndJ11<.tn! right-of-way Ill which the rccrC311<>1131 ,chicle will be parked w lnl: occupied, This shall nN be deemed 10 pcmut the purkmg or stongc or a detached eamp,r, muter or smnll trailer m nny pubhc street or nght-or-way or nny street dcs ignotcd as an nncrial or collector street ~nl. The Cuy Council or the Ci ty of Englewood, Colorado hereby authonzes amending Title 15, Chapter I, Secuon 2. "Oclimuons" or1he Englewood Muni cipal Code 2000. 10 read as
follows, wuh unchanged delinuions ·
15-1-2: Odinitions.
Hard Surface: • ,w faeo as eelie•d ie I~ 11 lE8 ) Q 4C, A hard dumblt surface gfconcrctc.
ambalt brick Ravers or s1miJ3r altern ate roatedols nonmved bv the Citx
~. The Cuy Council of the City of Englewood. ColorNO hereby authorize,, amending
Title 15, Chapter S, Seel ion 4, Subsection (D), Paragraph (2). of the Englewood Municipal Code
2000, to read as follows:
16-5-4: Accessory Uses.
D. Prohibi1cd Accessory Uses.
I. Prohibi1ed in All Zoning Districts. The following activities shall not be regarded as
accessory to a principal use on any si1e and arc proh1bi1cd in all wning dis1ricts:
a. Use ofTravcl Trailer or Rccrealiooal Veh icle (RV) as a Residence The use of a
l/llvcl lllliler as a residence. permanent or temporary, wi 1h lhc exccp1ion of a iroiler
approved as a temporary use for security under Section 16-S-S EMC, shall be
prohibited in all roning dis 1ric1s.
~ Use of Motor Vehicle or Trailer for Sales, Scn'lcc, Storage, or Other Business. The
use of any mo tor vehicle. trailer. mini-mobile storage container. or shipping
container as a s1ruc1un: in which. o ut of which, or from which any goods arc sold or
siorcd, any services performed. or other bu:.incsscs conducted, shall be prohibited in
all wning dis1ric1s However, lhis s ubsection shall not prohibit the following:
(1) The sale or goods or merchandise al a Cny-approvcd or sponsored cvcm ; or
(2) Use or a motor vehicle. 1ra1ler. or shipping or storage container in conncclion
wilh an appro,·ed recycling opcra11on; or
(3) Use of a 1roilcr or shipping or storage container in conjunction wtth construct,on
au1hon1.Cd by a valid building. pcnnn ; o,
(4) Use of a trailer. shipping, or storage container for the temporary loading and
unloading of goods. provided that no individual trailer or container is in place
longer than forty-eight (4S) ho urs .
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Prt•h1h11cd m l!.c,1dc1111al /onmg l>istncL, The fo lio" mg acm 111cs sh>ll 1101 1,.., reg11rdcd J > .1c.:c,,1111 to a rc<1dcn11al prm,1p.1I u~ and ore pmh1bt1,-d mall rc.1dcttttnl (l!.I d1~tnch a Automott ve l!.cp:ur Autonll11tve repair. mdudmg engmc. boo). or Olher rcp:ur or rq,:tmung flf more th.in ooe I I) ,·elucle at any one umc owned by a person not rcs1d11111 at that address, "'l!ardless of whcthcr compcnsauon "as pa,d for the SCf\ 1cc b Ou1door Storage of lnoperattvc Vehicles . The outdoor storage o f inoperable ,chicle,
shall comply ""h Tttlc IS EMC.
c Parkrng o fC'ommercial Vehicles.
( 1} In no event shall more than one (I) commercial vehicle be stored <'II propcny in
any residential zone district. whether in a private garage or carport, 111 an off-
street parking space, or in an open -space area. The size of such commercial
velucles shall not exceed vehicle weigh! of si<f ~ thousand~ Q.Qll!2l
pounds(~ Zl! &-.1. ~.
(2) For 1he purpose of 1hi s Section, a road tractor or truck tractor shall no! be
deemed a commercial vehicle, and no road 1ractor or truck traclor shall be p111kcd
or s1orcd in any residential zone district.
(3) No co111,n~re1al vfhicle shall be stored on public propeny or in the public right -
of-way.
~-1 he CII)' .:ounctl of the Ctty of Engle"ood, Co lot ado hereby auth~lizcs amend in~
Title 16, Chapter 6. Sectton 4, Subsection 0. of the Englewood Mw1ic1pal Code 2000. to read Ill
follows;
16-6-1 : Off-Strctt Parkiog Loacliog Rtquirtmcnts.
0 . Sur[uct' C11wr OIT-strcct parking and loodmg spaces shall be or a ha."1 sufft>oe, ettl1H
r•· •d ;11h A"f'Nlh, B0A0FM8 Bf hn•li r• Of§. e.-• ..,,t lftal lhe Coty AWi) appFO •• ihe Y§I er
altt!ff,81 0 dil5t Ire• t,yffa01Ag mMORBl!i (e.g.. •hir seal SYfHIOIAgl ~lll£J.ac.si!
~~sr>rullt, bock eaym, or,,s1m1b1r al°emalt m.,tmab,,ill)PWYed hv he Citv v, serve:
J pnnctpal permitted restdcnttal use.
~-n1e: C11y Counctl or the Ctty of Englewood. Colorado hereby authorizes amending
T11I~ 16 . Ch.1p1cr 6. Section JO, Subscctmn 8. Paragraph 5, Letter d. Number 4, or the
btplcwood Muntctpal C'od.c 1000. 10 read as follows:
16-6-10: Dcsl~n Scandards i nd G·•dcliocs.
S. l·ronl l.01 Covcragc/Rcsiden1 ,al Driveway and Pa rking Pad Srnndards
d. S1andnrd~ for l!.c~idcntial Driveways and Parking Pads within the Front Yard or Scthnc~
Arca.
(I) l!.c lnt1nn~l11p 10 •ind Conflict with Sinular Prov1s1ons. The general res1dcnt1nl
dm C\\'3)' stnndnrds 111 Scctton 16-6-J EMC. ahove sh:111 apply 10 rcsidcnttnl
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Jr, d,'l'menl. c<e~l 1hJ1 1f this ,ul>,c,;uon'• ro"denllal '"" c'll.3)' standard\ ronl11ct \\ 11h the standards III Scctmn 16-6-3 I \IC. 1h,s sul><c,:11,,n·, .iandard, ,hall ,,>ntn>I and appl y. (2) 2<111111~ S11e Pinn Rcv,c\\ Required . All new construcuon, ,urlacmg or rcsurfoc mg , nltcrauon, expansic,n, or re-mstallauon of a ,cs1dcnl1al dn"c"•Y or rarkinJ! pad shall require /..onmg Snc Plan rC\ 1c-.• (,cc Sce11nn 16-2-9 FMC') pnor 10 the stan c,f \Ion. (3) The Use of Parkins Pads m Coniuncuc,n w11h Drh·c" ays, llle use of parkmg p,;ds in
conjunction with driveways is discouraged but 1101 prohih11cd lfowcvcr, in no case
shall the 101al width of any combination of parking pad nna driveway exceed 1weo1y
feel (20')
(4) Pcnnmcd Driveway and Parking Pnd l'n vmg Materials . Res1deo1ial dnveways and
parking pad shall be improved with a hnrd. durable surface ofcopca;tt.,asWll))1,JiU'k
PA>'FC§ or simi lar altcmatc ma1erials apprgyqi bx the Citv. e~,ohle horQ sw,Hlee
appF;1"'od ej Ille Gnj . Su,li,oi!lg A1Ste,ial1 that R1Bj he wsed iRBlulle aoAeFote, o;;~halt,
"*P85e<I &ggf•gate. o, G,-. Proh1bncd materials mclude din. aA<I gravel,
8A15he<I 88Al!R!le and Grasscrcte pr 21bg porous mategal. Zoning Site Plan review
(see Section 16-2-9) is required prior to the stan of any res1dcntinl driveway or
parking pad surfacing.
I EDITO RS NOTE: The remainder o r 16-6-l0, contains no tb1ngu and is lherrfor c not
lntluded h•rtl
Section 6. The City Counc,1 of the City of Englewood, Colorado hc-rcby authonzcs nmeoding
Title 16, Ch.iptcr 11. Section 2. of the £nglcwood Municipal Code 2000, to rcao us follows:
16-11-2: Definition or Words, Ttrms and PbraJtS.
lf11rd Surface: As relntcd 10 dnvcways, pruit1n1J, and loading arc.is, "hnrd surface" mean, n
durable surfncc o f concrclc, asphalt, e,,peseEI &j!:gfeg&te, brick pavers, or simi lar alternate
m:iterials approved by the C11y.
Section 7. Sn(gy Clauses. The Cn) Counc,I hereby finds. dctcnnmcs, and declares that th,s
Ordmance is promulgated under the general police power of the C11y of Englewood, thal ,tis
promulgated for lhc health, safety. and welfare of the public, and 1lmt this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council funhcr dctem1ines that the Ordmance hears n rational relation 10 the
proper lcg,•lnuvc nhJect sought to be ohtaincd
~. Scvcrnb1li1y. It any clause. sentence. paragraph,,,. ,•an of this Onhnance or the
application thcri 'o any pcr,on or circumstances sha ll for any 1c:tson be adJudged by n court of
competcntJunS<looti on invalid, such j udgment shall not nffcct, impair or mvnlidotc 1he remainder
,,ftlus Ord inance or 11.s apphc,mon to other persons or circum.tanc~.
~-lnconsistem Ordinances. All other Ordmnnces or ponions thereof mcons1steo1 or
contl,cting with tlus Onhnan~~ or any ponion hereof nrc hereby rcrc1lcd 10 1hc ext~nt or such
mconsiste ncy or contl1c1 .
S<-'Ction..l!.!, Hfccl of rq,eal or mod1tic,111on. fhe repeal or nxid11icatl(ln of >II) pro\1,11111 of • the C idc ,,f the C:11) of l.nglewood hy 1h1s Ordinance sh,11 not release. cxtm1,'Uish. ,111,-r. mod1f). or change m 1<holc or m pan any pen3h). forfenure. or liahilny. enhe, Cl\11 or cnmmal. "h1ch shall ha,-c been incurred under Mich pronsion. and each pro,ision shall be 1rc,:;tcJ and held•• sull rcmammg m force for 1he pulJ"'M=S of sustammg at>)' and all proper actions. suns. proceedings. nnd pr,,sccu11ons for the enforcement of lhe penalty. forfcnure. or hab1l11y. a, \\ell ru, for lbc pwpos.: of •~atmng 30) Ju.dgmen1. decree:. or order" h1ch can or may be rendered, cn1cred, or made m s0ch :-a1ons. su11S. proceedmgs. or prosccuuons. ~ fm!ll.l.'., rhcPcnall) PrmmonofScc11on 1-4-1 EMCshallapplytoeachnnd
every viola11on ofthis Ordinance.
Introduced. read m full, and passed on first reading on the 17th day of November. 2:)0~.
Published as a Bill for an Ordinance in 1he City's official newspaper on the 21• day of November,
2008.
Published as a Bill for an Ordinance on the C11y's official wcbsi1c beginning on 1hc 191h day or
November, 2008 for thi ny (30) days.
James K. Woodward, Mayor
Loucrishia A Ellis. C1·, Clerk
I. l.nucnsh1a A. Elhs. Ci1y Clerk of the City of Englewood. Colorado. hereby cenify 1ha1 1hc
nbove and foregoing i, 1 true copy of a Bill for an Ordinance, mtroduccd, read in full, and passed on
firsl reading on the 171h day ofNo,cmbcr.1008.
Loucnshia A. Elhs
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ORDINANCE NO. SFRIFS or !OOS U\ Al TIIDl(I I\' l'Ol NCH BILI NO M 11\'TROlllJCED llY COU]'(( 'II MEMLJER WILSON AN l)llDINANC.T AMl,NDING rill, 1·!1:GLEWOOD MUN IC'li'AI CODE 2000 UY
AMbrIDING TITLE 16-6-!3, SIGNS NOT SUBJ ECT TO PERMITS TO ALLOW DI SPLAY
OF A FLAG USED EXCLUSIVELY BYTHESOlffll BROADWAY ENGLEWOOD
BUSINESS IMP ROV EMENT DISTRICT MEMBERS.
WHEREAS. the South Broadway Englewood Ousincs, Improvement Distnct (BID) is
seeking 10 display a Oas 10 be designed ruid U.>Cd cxclu~1vcly by BID mcmba-s, and
WH EREAS, Englewood Muni cipal Code nllows the displny ofO:,gs of nations. states, or
c111cs only: and
IVHEREAS , Plann ing nod Zoning Commission discussed the desire of South llmadwny
Englewood Business Improvement District 10 have its own Oag and the Comm1SSion's
recommendation was to amend the Sign Code to address only the South Broadway Englewood
Business Improvement District or ony future City nprroved business improve ment d1s1nc1 flag;
and
WHEREAS. 1hr City believes 11 1, desirable and bcnclit1al to the Cuy and South
Broadwuy Englewood Busi ness Improvement Distnct to disp lay such Ongs.
N(.!W, TIIERHO!lli. BE IT ORDAINED BY rHE Cl rv COUNCIL OFTI IE cm·
OF ENGLEWOOD. COLORADO. AS rou..ows:
~ l'nle 16-6-13. Signs. l:n~lcwood Mumc1p3I Code. is h~"l'Cby amended 11, .:ad
as follows,
16-6-1.1 : Slins.
11 Jnnr';. n<ltc-16-<>• l 3 A thmu1,d1 D rcm.1111 unch.,ngcd and arc therefore nnt included in this
Ordinnncc.]
E Signs Not SubJs'CI to Pcnnns The follnwmi; s1~'ll>. d1splJ)cd fot
non-co111n1crcin l purposes. may be ercctc-d nnd mn mtamcd III nil zone d1stncts w,thout a
sign p,-m1it ns n1hcrw1sc rct1uircd hy Sc-c1ion 16 -6-13. D FMC. "Penni ts." al><'vc Such
stj!IIS shall be m addu1on to all other signs pcnnnted m 3.11) wne d1s1rict pnn 1dmg such
signs do not require direct clcctncal winng. and confom1 to sctback.s and other physical
ch11mctons11c rc'quircmc,ns of the de.signal ed zone districts. Even thtu1i;h pcmuts nrc no t
required for the following signs. wall signs shall be located only in the signablc nrca and
window signs shall be counted toward the twc11,y-fivc percc111 (25°0) niaximum covc:ragc
TI,is restricuon shall not apply to holiday decom11ons. or to s1Kn1-tcnn ndvcnisin g ns
provided in subsc-ction 16-(,-13.J.5 I' Fl~C.
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~ , penm1 sh.111 he.. rnqu1red 10 C3IT) 001 nlo.11mcn.1ncc ma confomunp sa~n 1f no ,uuc:tural r hJn~C3 :::ire m:ldl", R•1llc11n Boards 1Julle1in board, for public. chantoblc. ur rd 1giou,, 11 >111u11uns. wh1d1 arc llOI o,•cr 1,-eJve ( 12) 'l<fll8re fee1 in ar .J :ind which arc located on the premise,, of,md 1nst11ut1ons. l . Elecuon Signs l'lcct,on signs sh.111 not he postod D1lll'c 1ha11 fony-li\'c (45) calrndar days pnor 10 the election 10 which theS1gn relates and shall be
renKived withm fifteen (15) colcndordays foll owmg tl,e election 10 which the
sign rclmcs. Such signs are limited 10 wall. window. and gro und signs: and shall
not be~ banner of paper or clOlh. Each election sign shall not exceed twelve (I 2)
square feet of total sign area.
3. Flags.
ii· flags of na1101\S or an org,uuzauon of nauons. suues. and en•~.
provided such Oag docs llOI exceed thiny-five (35) square fe ~ 1n area.
~. Flaas oCCitY::APPIAYcd busiow imPmvemcnt districts omvided the
Dan dtsnlay onlv lbs name qnblem and/or lom of tbc omamzation
and the tcnn ··sate 1odax" but no indiridual busiot5§ PNnss Such flou m
limited 12 tbrG, C;s:t (3 ') bx four feet f4 'l hut 1be emblem cod/or lo so nnd "sale
todav .. term are PSPDitted on both side of the flag Such flags mav onlv be
flown 99 lbs lad Saturday oflhc rocolh or RP such Olbsc dan 3$ Aut@rizgl bY
the Citv Manaser or desiggec
[Editor's note: 16-3-13E(4) throul\h l6-3-13E(l7) rcm.iin unchanged and arc thcrtfore not
mcludcd in this Ordinance. I
~ ~uses. TI1e City Council hereby finds, dctcnnincs. and declnres thnt this
Ordinance is promulgated under the general polk-c power of the City of Englewood. that it is
promulgated for the health, safety. and welfare of the public. and that this Ordinance is neccssar)
for the preservation of health and safety and for the protcction of public convenience and welfare .
The City Council funhcr de1enn111cs that the Ordinance bears o rat ional relation 10 the proper
legis ln11vc ObJecl sought 10 be obtained.
Scct1Qn 3, SC\ erphjhJY. If Lny clause. sentence, parngntph. or pan of tins Ordmancc or the
app licntlon thereof 10 uny person or circumsrnnccs shall for nny reason he a<ljudged by n coun of
competent JUrisdic11on mvahd , such judgment shall not &ffccl. impair or mvalidat~ the re,, indcr
of this Ordinance ,>r ns apphcatior.10 Olhcr pcrs.11is or c1rcu1llSlanecs
~ lnconsj~Jcnt Ordnrn11ces, All other Ordinances or ponious 1hcre0f 111consis1cn1 nr
conOictlng with this Ordmnnce or nny ponion hereof are hereby repc,ok-d to •he :.tent of such
111cons1stcncy orconn1ct
~ E[cc\ ofrcocal or modification, The repeal or modific111ion of any pro\lsion of the
Code of the City of Englewood by :t1is Ordinance shall not relClSC, extmguish. alter, modify, or
change m whole or m pan any penally. forfeiture. or liab1h1y. cnher m1I or cnmmal. •·,h,ch shall
ha,o lK.'Ctl incurred undrr such provision. and c.'ICh pm,·isiou shall be 1nm1cd and held as stil!
rCJnainmg 111 force for ,·.e purposes ofsustninmg any and ~II proper 3Ctions. sui1>, proceeding,.
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and po>sc.:u11un, lur lhc enfol'\:01nc111 of !he pcnalt). forfc nure . or lrnb1hl). a, "ell a, for lhc purpo,c of u,1,1111,ng •In) JuJl.!111,111 . du:r.:c. 1>r order" h,ch can 01 111'1) be rcnJc«-d. emcrnJ, ,., made m ud1 o1c11on,. u1L,. pr\Xccdml!>, or rmsecu1 m11., ~ P • lit The l'cn,,!1~ ''"" t l(hl of <'CtlOn 1--l -l L\1( sh.,11 appl~ IU cxh anJ c,-c:ry , llllai,on <>f 1111, t)rdmancc lntrnduc;:J , read III lull, ond passc,-d on 1irs1 n:admg on the 20th da) ,,r (Jctoh..-r. 200.
Pubh hcd n n 0111 for an Ordmoncc 1111he C'lly's oflk1al ""'' aper on the 25• da y of Oc1ubcr, 2008
l'ubhshcd ,., a llall for, n Ordinance on the Ci1 y's officml wehslle bcgmnrng on lhc 22nd day
of Oc tober, 200S, for llun y (JO) days .
A Publi c I le;,nng was held November 3. 2008 .
Read h)' title , orncndc·d nnd pnsscd as amended on 1he 17• day of Novcmher, 200
Publi shed ns amended in the City's official newspaper on the 28"' day of November, 200R .
Published us nmcndcd on Lhe City's official websi1e beginning on 1he 19"' day of ovcmbcr. 2008. for 1hiny (30) days .
Read by 1itlc. and pa scd a. amended on final reading on the,~ day of December, 2':08 .
Published by 111le in 1hc Cily's official newspaper as Ordinance No._, Senes of 200 • n lhe s• day of December , 2008.
ATTI : 1 James K. Woodward. tnyor
l.ou.:n -haa A llli • 11y Ck'l'L
I, Lou nshrn A fillis , C11y Clt'l'L of the City of Englewood, Colorado, hereby ccnify 1ha1 the
ahovc nnd fcircgo1111t 1s n tru~ copy of the Ordinance passed on final reading nnd pubhshoo hy 111le
.IS 01d1no11cc o. . SL'l'IC~ of 2008 .
Loucrishin A. Elli .
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COUNCI L COMMUNICATION Date: Agenda Item: Subject: Ncl\ ~mber I -, 2008 II CI Resolulion of Su111•ort 10 1tw Engh.•\\ ood Environmental Foundahon 10 dl'\ elop agreement w11h RTD for ~,p,1mio11 ot p.irkmg al Cit1Cen 1er Engle"ood
Initia ted By: Staff Sou rce:
Englewood Enwonmc n1al Foundntion Rick Kahm. EEr Director
Alan White, EEF Director
COUNCIL GOAL AND PREVI O US COUNCIL ACTION
During the Gty Council Study Session of September 29, 2008, Cliy staff presented Gty Council
with six alternative plans for expansion of parking (see auached listing of alt erna tives) fr om which
Council lentative ly selected two o( these alternatives. The requested resolu tion formalizes that
selechon .
RECOMMENDED ACTION
The En3'ewood En, lronmental Foundation (EEFJ recommends Countil approve a Resolution of
Support for pu rsuing an agreeme nt with RTD to expand pMking ,11 Englewood Stali on/CltyCen ler
Englewood Station.
BACKGROUND
Since the opening of the Sou~1west Corndor Lighl Rad hne in 2000, parking for RTD patrons has
been onsufficient. At d,e urgmg of Cil)' Council, RTD agreed 10 prrn ,de for additional parkmg at
CityCenter Englewood; however, funding for add itional parking was no t available until 1he passage
of Fas Tracks in 2006. City staff has met with RTD staff since passage of FasTracks to pursue plans
for e~pansion of parking at Englewood Stauon. 11111,al options included a tunnel from properties
west of Santa Fe Dnve to the st.I li on and a parking structure o, the nnrth surface parking lot. RTD
rejected 1he tunn el proposal dllC to cos1 and oth e r facto rs. Rl D presented cos t informallon o n tl1 e
parking structure to Council on luly 14, 2008. Due to lhe proposed cost of the structure and the
negattve impacts of that cost on prospects for other transit-<elated improvements 1n Englewood,
City staff presented altern,ll'\ es to construcuon of a parking struc ture to City COlmcil on September
29, 2008. During that meeting. Council in dica ted suppo rl of a comb inatio n of two alter natives -
the extension of lh e north surface parkin g lot over Lilli e Dry Crel•k and a shared parking concept
on e~1stlng parking lots at CityCenter Englewood .
RTD ,md EEF are prepared to begin studies ot both of th ese alternatives. Becal!se 1he extension of
the p,trklng lot over Utile D1y Creek will requore signlfic,mt eng111t:Ning review by RTD sMff and
m, oh enient nt other go, ernmcntal enlltu,s, mcludmg the U.S. Arm\ Corps of Engineers and Urban
Drainage ,111d flood Con trol. RTD ha.s Jsked tor ,1 l,•1w, 1nd1cJllll!J Cit)' C.ot1111.1I SllJlpOrl 10 1 pursuing • these alterna lil t'S. This sha,ed p,irl•n•: rnncepl, involving e~istmg CityCen 1er Englewood p<11k111g lots, ",II require extensille contrJc t nego 11,111ons with JII 01 tht! CiryCenter partners (ind1ul111g Wal•Mdrl. Miller \Veingar1~n. Jnd Alex,ml and a redU<.t1on 0 1 C,~ parluni: ratios TI11, action would form,11ize Council'; support
Fl"IANC IAL IMPACT
All costs rela ted to e~p,msion of pa rking at Englewood Station will be the responsibility of RTO.
UST OF ATTACHMENTS
Lis t of Pa,king Alterna tives (City Council Memo randum of September 15, 2008)
Draft Leller of Support 10 RTD
Resolution
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MEMORA NDUM To. ~ayor Jun Woo<lwJr<l and Member, c•ICII) Council
F'rom: Michael Flahcn). Dc1,u1yCII) M1111ilgcr
Throui:h: Gary Scars, C'ity Munugcr
Date: Scpllinbcr 25, 2008
SUBJ ~:CT: RTD-Englewood Pnrkmg Altemn11veli
TI1e need for udduional RTD parking has been known since shonly after opening oflhc Southwest
Light Rail line in 2000. Under RTD's initial agreement with the Ci ty, RTD was provid,-d with 910
shared spaces at C11yC'cntcr Englewood. Parking demand by RTD patrons ha:< continually exceeded
the available 910 spaces. currently by as many as 300-400 cars daily. during the school year. The
cxces.s ,·chicles have found parking in a variety nf locnuons including the west half of the parking
lot at Cushing Park. which the City has, as a councsy, made available to RTD patron. on-street
parkini; and private and public parking lots in lhc vicinily of the stat1 cm . TI1c City has iniunlcd
resident pem1i1 onl y parking on some ndjaecnl streets to alleviate conflic1 with residents and parking
cnforcc'111cnt continues lo be a priority in rcsidcnliul areas. Cushing Park und the CilyCcntcr parking
structure. Wal-Mart, Miller Wcingancn and the Alexnn CityCcntcr monttor parking for 11a1mns and
residents rcspecm·ely. Other RTD patrons lake advantage of the art Shunle and park al mc1rc
Mnotc locn1ic,ns cast c,f('i1yC'cntcr. Although few problems arc e\'1dent at this time, a.~ demand for
transit i.crvicc increases and RTD adds service to the line, these problems arc likely to increase In
its Fas·1 ra(·~, pmJcct, RTD Inc~ mcludcd plans for un nddi tional park mg for 400 vehicle., 111
Eng icwu,1d
At a Study Session carht-r 1h1s year, John Shon.scy prt-scn1c-d several option~ to City ('ouncal for
additional RTD parking 111 Englc\HKKI. After conMJltation between ,rnrr and Council. staff
CC'qucst,'11 RTD 10 pro\'ldc c~is1 estimates and related mfonnation for construction of a pnrkmg
structure on th e n,,rth parking lot at Englewood St,1t1on. In June RTD pmv1tkd the City with n cosl
eslimale for th e parking slructure of $16 ,254.000. In uddilion. Mr. Shn nscy stated that RTD has
fixed nmount of funding for uddilional Englewood 11arking and for Bates Slalinn, which we presume
10 be approx11natcly SI O nu I hon. ·n1c current pos11aon uf RTD mnnagcmcnl is that if the park mg
slruclurc 1s built, it will rc11uirc 1ha1 funds currently allocat~-d tn Bates S1auon be transferred tu the
parking ,tructure project .
Because of the cost of the pnrkini; structure und ih c 11osition of RTD thul llutcs Stuti on fonding
cou ld pr,·sumahly be lust if n purkmg slruclure we1c 111 he built. srnffhus taken a closer l11uk ut
uhc-OlJII\ c, t,,r pru11,1111111I park111g 1111h clw 1111cm ol presc~1ung Council 11p111m, for a l,m er"'"' .1hcmu111 c Mr. Shcm,cy lws rq1rc•sc111cd 1ha1 R'I I) would he w11!111g h• pro111lc fu11d 111 g ti11 m111,11 rchlllxl 1111pr,1vcmcnt, 111 f·nglcwcx~I. including l\111d111g for !lace, S1:11ion. nr nlhcr 1r:1n~11 1mpr1•1·c,ncncs chac \\c111ld hcnclic chc < '11y. 1f a !cs, ex pens" c ,1lccma1i1·c l<•r parking rnuld he acc-omph,hcd . Slaff hus 1dcn11licd aml dc,cribcJ six uhcma1 i1 c~. mduding 1he parking ,c 111c111rc. for park111p lo ucrn11111wd.11e RTD currcnl und liJCurc nc-ctk While nunc ofche,c uhcmJll\'cs is cunsid,,-cd ideal. each prc;.:nung a 1ane1y of ncgalil'c cssu<:s. all uf ch,· ahcmJII\Cc\ :ire lcs.\ cusll) lhJn chc parkan!!
s1ructurc and would ullc111 for ncgo11u11on with RTD of ocher 1runsi1 rclacc<l 11nprovcmcn1s. TI1e
following arc examp les of impnwcmcnls or serv ices lha 1 we may be nh lc tll ncgu1ia1c wi1h RTD.
depcnd111g on remaining funds ut\cr provision of udd11i11nal parking
• Bac,-s Station• ch, currenc cos1 estimate for conscruccmn of Bates Station 1s SI I 1mllion+,
with 1hc RTD assuming 1/J of'che cosl, ns provided hy chc rusTracks plnn. Al'ai lublc fonds
could be used 10 fund some portion of 1he remaining 2/3 cos1.
• Pedestrian cnnni.-.:t1on from Englewood Stiuon and pcdc,lnan bndgc co ~1c future
development sctc north ofDanmoulh (m-1 cu of construcung Bates S1a1ion)
• Extension of the Ci1yCen1cr platform to lhc north wilh addil ional p~-dcs1nun access 10
provide for a closer pedestrian conncclion from the properties north of Dartmoulh
• Bike trail wnn,'CIIOn rrom Little Dry Creek dam to Danmouth/Plalt~ River trial
• RclocacionofEnglewood Depoe to allow for a bcueruscof1hcCi1yowned pmpcll)'
• Improved wayfinding (s1g11ngc and amc11111es) 10 and from Englewood Suu ion •
• In creased suhsid izac ion ofth·; art shuttle
• Dcscgn cnhanccmi.'IIIS for ~ppcr deck of parking garage at Civic Center
There 1s also :1 very large caveat related to polcn11al RTD fund111g for Englewood ligh1 r.iil parking
and !laces Stntion cons1ruc1ion that hus recently come lo lighl. Due 10 cost cscalacio n and revenue
shonfoll~. RTD is considering Um.-c options for dchvcnng FasTmcks. Tht:sc options will he 1hc
basis for public hearings thac RTD will be oonduccing m the nc\t two weeks .
The firsc op11on is co build what can he ftmdc'<I hy 20 17, aml 1111\ implcmcnl lhc cncirc pru!!ram,
Under chis oplion fonding for both Ua1cs Slali on and II parki11g scructurc could be in jeopard)',
RTD ca11 ac any lime cho,c 10 purchase pmpcrty and conscruct parking loc(',) fnr chc IOWl"St ,~is,
available.
The s~-co nd oplion is 10 build the entire rasTrucks program and cxlcnd 1hc schedule beyond 2017 -
poccntmlly Ill as for mu as 2t>J5. This opcion would provide for400 parkini spaces and 113 t•f'lhc
fundmg for Bales Stauon. us prO\ 1dcd m 1hc onguml FasTmcks plan, buc not on the current
limclinc. The downside is that hghc mcl parking will conlinuc 10 he a pmbkm in Englewood unci l
addicionul 1inrking is provided, the cosl to constmcl B111cs S1u1icm will conlinuc to csculu1e. 11ml chc
bcnclic uf II future Bales Station co a mixed use development on the Winslow and Barton pro1>ert1cs
will not be realized until, or shortly before the statmn would he huill .
The 1hird opuon is 10 mu1111ain the original sct1pe nnd schedule und 10 ;;eek nddi 1iona l 1-cve11ue, •
which would require lcgisla1ivc 111111rovul and u puhlic vote , \Vlnle 1his option would hcnclil our
nt.'Cds. 11 ma~ be lhc le.isl h~cly. tll le.isl al clus time
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\h,-n1au,c ,\. Parbin~ S1rnctury C111·Cen1cr ;-.;urth (Sdh9l lot l'um:111 l'lal) (S<.-c Jlt.1chctl "''' pl.UI) To1al net new ,~c,-.: -1()(1 , -111 u three 11cr ,1rne1urc und ud,ncclll ,urfocc park Ill{; over drainage Cil\Cll\Cl\l Cus1 · Sl 6 milh11n 1 C ·11s11spacc· ~ I hU()(W-
Cost; net new space: $40,0001 /-
Cost of stmcture/RTD available fu,1ding not suflicicnt a1 tins tune
EEF/RTD Amcmhncn1 required 10 currcn1 managcmcm agrccmcnl
Increased mam1ennncc. particularly snow removal
Other ~'Osls/conccms including safety. security and liability
Provision of inicnm park mg dunng conslruction/busincss and neighborhood impacts
Tratlic nnpacts -both during construc1ion and aficr completion
The construction ofo structure will eliminate any future development potential for this
location. The cos1 of the structure could eliminate the possibility of RTD providing funding
for other transit related improvements. e.g .. pedestrian connections lo adjacent sites .
participation in rclocntion of thi: ds'JlOI. in addition to the loss of funding for Boles S1a1ion.
Alternative A-1: Smaller Parking Structure (north hnlfofcurrcnt 101 only)
It has also been suggested tha1;1 smaller structured park mg lot could be bui It on 1he north hul r or the
parking lot to limn ot least some of the interim parking issues.
Toial ncl new spaces : 200+/-111 u lhrec tier structure wid adJaCL'fll surface purl,.ing over drmnagc
easement .
Cost . $8 nnlhnn 1
CllsUs~cc: S 16000+/.
C:ust/net new s1lacc: S-10,000+/-
lssu.:s·
• EEF/RTD -Amendment rL'ljUtrcd to current manngemcnl ngrcemcnl
• lncrca.,cd 111ain1cnancc, particular!)' snow removal
• Olhcr costslconccms including safety. sccunty nnd linhili1y
• Problem of interim parking duning construcuon/husin'-'l'S nnd nc1i;hhorhoC1,I ;" p~~ts remains.
but is reduced .
• Traflic impacts -hoth during construction und nftcr complctum rcmu,ns h: 1, 1,·duced
• Ahcmative B: Extension of surface parking over Little Dry Creek (sec attached site plan) Totlll net new spaces: Bl -240 spaces
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82 -350 spaces Cost: 131: S S million +/-Includes extension of box culvert, other structural improvements, till and parking lot construction. Does not include lease payment -10 be negotiated, along with other funding requests ofRTD.
Cost : B2 : S 8.5 million+/-Includes further extension of box cu lvert. other structural
improvements. fill and parking lot con~truction . Does not include lease payment -to bo negotiated,
along with other fund ing ro.:~ucsts of RTD
Cost/space: BI: S21,000
B2: $24,000
Issues (both alternatives)
• The subje<1t prQPerty is designated P·ark property; however, City could ieasc the subje<1t
propertY,10 RTD.
• Will trigger a QolJIS ofEngineers-404 permit whi ch will take 6 to 9 months lo com_plete and
may present obstacles related to federal envminmental rcqulrcmcnts. [Shonsey said no
federlll money involved-no EA.)
• Neither alternative provfdes number of spaces included in FasTracks plan
• Potential traffic impacts
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Ahcm:llc ('. (\,ns1ruct part.mg IN nonh ,11 lhr1mou1h on C11, and Wmslo\\ proccm (,cc alluchc-d SIIC plal\l To1al ncl nc\\ ,pacc,: 4(l(f+ -(approx1mn1dy SO ,puces on C"i1y', Dcpo1 <ilc, \\ilh h.ilancc from -,.,u1h ponmn of \\'111slt•\\ propcny). Rcqum.-s pcJcMnun cunncc11on 1,, Englcw, ... id S1a11"" and rcloca1ion of Engle\\ oc.1<1 Dcpo1 Propose-,. Rl D 10 c11hcr purd111sc or lease 1hc rc'\juir,-d propcmcs frum C'il) and Wmslm, w11h
agreemc,11 10 sell or lea,c h:ick r<.>spccuvc propcnics 10 Ci1y und Wmslow or lu o d.:signo1cd
developer. in the evcm 1h01 n dcvelopmem would o,-c1ir 1h01 would replace surface parking IOI wi1h
equal number of space, in a s1ructure.
Cost S5.0 million+/. (including ncq111s111on. parking 101. and rcln1cd improvcmcnls plus ~I
million+ for construc1i11n of a pcdes1rian bridge and walkway to Englewood Siauon
Cos~spncc: S 12,500 (1101 including pedestrian connc'Clion cost)
Issues:
• Willingness of Winslow 10 sell or lease 10 RTD
• Will ing11css/ahili1y of RTD 10 negotiate purchase or le:ise agrccmenl satisfac1ory to Winslow
• Possibi li1y tha1 purchase of n portion of Winslow property could render !heir remaining
property an unusable rem nnnl
• Location is ou1side RTD's 'walkable dis1ancc" threshold of2000 Ii.
• Willingness of RTD to assist wi1h rclocn1ion of Dcpol
• Possi ble leg.al issues with sab back to Ctty or other developer if 1hc propcny is purchased
thru cmi11cnt domain.
• Traffic nccesslimpac1s-possib le uddi1ional costs
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Altemnti\'C D -C'nnstnict Bates Stuljon with adiaccnt surface 11ark111g (sec a11ad1cd site plan) ProjlOSCS that RTD purchase or k.ise of ponion of Bar1on prorcn~ and cons1nict Bates Sta11on w11h adjacent ;urfocc purkmg mt west side of pmpc11y: possihlc ugrccmcnt In sell buck lo Bnnon, City or 1ts designated developer. Ill the c, 1.'llt that a de, elopml.'llt could occur that would re-place surface parking lot with equal numhcr of spaces in ,tn1cturc . fotal net new spJccs· 400+, -
Cost $ I S.J milhon -$11 million stution cost, plus acquisition of Bar1on property and cost of parking
lot and amt'11ities.
Cost/space: S 12.500 -(acqu isition and construction of parking only -not including station)
Issues:
• Overall cost of project-likely requirement for City to fund costs over S 10 million
• RTD not likely to fund station without assurances of an accompanying Transit Onemed
Development
• RTD's resistance to bu1.1Jing B..tes Station-operational and enlJinccring problems
• Soil contamination/RID c •ncem with purchase or lease of contaminated proper1y
• Will ingness/abi lity of R'I D hl negotiutc purchase or lease agreement sa ti sfactory to Bar1on
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Al1cma11,c E: Surlucc 1•arkm\l lot a1 ~1unm r1a.,11c, (>cc unuchcd snc plun) Cons1n1ct1un of surfncc park mg wnh pcdcs1non hndgc I<> Ox ford (C11y of Shcndan) slulion, agrecml~ll 10 ,-ell back 10 C1I> or ns dcs1gna1ed developer, in 1hc even! 1ha1 a dcvelopmcnl would occur 1ha1 would replace surface park mg lot wi1h cqu.11 numhcr of spaces 1n structure. Nole: This was lhc <>rig111al plan in 1hc Snu1h,1es1 Corridor Lil!hl Rail proJl'CL Total net new spaces: 40()+1-
Co~t: $5.0 million+/-(including ucquisition. parking 101 conslruclion. 1111d rcla1ed improvements.
Pcdcstnan bridge 10 Oxford Srn1ion would cos1 on ndditionul SR00,000 +:-.
Cosi/spuce: SI 2.5001spuce (not including price of pedestrian bridge)
Issues:
• Ability of Martin owners aod RTD 10 reach a nego1ia1ed sale agreement
• Willingness of RTD 10 sell back: possible legal issue with sale back to City or deve.lopcr if
crninenl domam is required fo r purchase
• Question whether parking 101 and pedestrian bridge would positively influence fu1ure mixed-
use development, particularly with rcquircrncn1 to build slructured parking
• Concern by members of City Council wilh economic benefi1 being lost 10 adjacent
jurisdiclion
Alternative F: Shared · · · · glewood propcrtv ! . . . ..
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Mr. John Shon,ey
Senior Manager for Engineering• FnsTrJck,
0..'tl,·er Regional Trat1>T,nrta1,on D1sinct
1560 Broo~way, Suite 7()()
Denver, CO 80202
Re: Englewood Station Parking
Dear Mr. Shon~ey:
DR \I I
Please accept this letter and the attached Englewood Cuy Council n:soh•tion as the City l•f
Englewood's fonnal suppon for the Regional Transportation District to pursue the concepts we
ha,·c discussed for add1tlOllal ~ricing at Englewood Stat1onlC11yCcnter Engle\\ood .
As you know, the Regional Transponnuon District has agreed to prO\idc for additional paricing
at Englewood St1111onlC11yCcnter Englewood and I understand that funding is a,•ailable in your
current FasTracks budget. City staIThas haJ several discussions with you regarding alternatives
for expansion ot parking at Englewood Station. On September 28, 2009, City staIT presented
several of these alternllti\'CS to the Englewood Cir Counc,1. During that meeting. Council
mdieatcd sappon of a eombmn11on of two nlwmat1ves the extension of the uonh surfocc
parl. ing IOI t \'l'T Little Dry Crcd. and a shared p.mcmg concept on exist mg park mg IC>ls at
Cit~ ~cn lcT Englewood.
Been '>t: lhc cxlcttston uf lhc parking 101 over Little Dry Creek will require s1gmtican1
cngm~'Ctlng rc,icw by RTD stnlT anti mvoh cmcnt of other gov<-rmm.-ntal cutttics. mcluding 1hc
U.S. Anny Coip, of Engman and l 'rban Dramab'C and Fluod Conlrol, we undcrs1w1d ii is
i111ponnn1 for RTD w haw lhc Ci1y of Englcwuoo's suppon for lh<.'SC ahct:.:ivns . The attached
letter and resolution prmtdc a,suranccofthat suppon.
Gal) Scan.
Cn~ Manager
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RESOLUTION NO ~HHl:S Of 2tMIN A RESOLUTION OF SUPPOR1 FOR THE EXPANSION OF PARKING AT CITYCENTER l'NCiLF\\'00D Wlll:RLAS. I he En~lc:,,,,oJ bl\ 1r1>tm1C111al I oundallon \\a> fomied I(> rd1esc 1hc burJcn,
wluch would 01hcrw1sc he :i,sumc~I by 1hc Cny of Engle110c1d. Colomdo. In cmmc-c1ion II nh 1hc
c111•1ronmcntnl renu.'tllalllll~ land USC plo11111n~ and (lrCf"lll1110n for n'tlc1cl11p111<111 of1hc
Cmckrclla Cil) ~hopping center: and
WI 11:REAS. 1hc Englc\\ood En11ro1u11<11tal Foundauon was fonned to prov1d~ suppon for the
redevelopment and enhancement of the Ci1y's commcrcinl cnvironmenl 1111(1 is n separate nnd
disiincl corporn1mn; and
WH EREAS, 1he Ci1y Counci l of 1hc Ci1y o f Englewood, Colomdo, supported lhe Master Plan
for the CityCcnter Englt"ood proposed on August 10, 1998 by lhc Englewood Environmental
Foundation; and
WHEREAS. 1hcre has been insunicicnt parking for RTD since 1he opening uf tne Southwest
Corridor Light Rail hnc in 2000; and
WHEREAS, RID ha, agreed 10 provide nddmonol parking for 1hc Rl I) l:nglewnod Sta11on
with the p,,ssagc of FasTrucks 2006 funding; and
WHEREAS, RTI), EE:F nnd Clly siafThave presented II vari,1y of options for oddi ti onal RTD
parking in Englewood; ond
Wl IEREAS , the City Cou ncil support s EEF's and lhc City Ma1~1gcr's recommendation to
pursue (I) the extension of the north surf nee parkmg lo1 O\'Cr Lntlc Dry Creek and (2) a shared
parking eonccpt on existing parkmg lot s nt CityCcnter Englewood:
NOW, 1 IIEREFORl', Ill, n RESOLVl,I) DY TIIE CIW COUNCIL or-1111:C.TrY Ol-
l!NULcWOOD, CO LORA DO. 'l'IIAT.
~-111c <:1ty l 'uunc1I of the Crty of Englewood. l'olomdo. hereby supports the
cxpans1<•11 of1~1rking a1 CnyCcmer Englewood by pursuing the ahL·matiws n.'COllll11(;1KIL~I hy
l'.I t :md the City Mnnagcr
~ nu, n.-.,lutaon of ,uppon tn n~ way wai,c, or delegate, thr Citi·s rc~ulntQI')' po"cr•. duucs and rc,pons1b1hta•.,. \\Ith n:,.pect tn ronmg and governmental ossucs AOOPTL:.I) AND APl'IW\'ED this 1st day of December. 2008
ATTEST· James K. Woodward. Ma yor
Loucnshi n A, Ellis, City Clerk
1. Loucrishrn A. Ellis. Ci ty Clerk for the City of Englewood, Colorado. hereby ccnofy the
above is a true copy of Resolution No. __ , Series of 2008.
Loucrishia /\. Elhs, Cuy Clerk •
•