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HomeMy WebLinkAbout2007-02-05 (Regular) Meeting Agenda PacketAGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, February 5, 2007 7:30 p.m. Englewood Ci v ic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder.'7·3f~ 2. Invocation. ~ 3 . Pledge of Allegiance.~ 4 . Roll Call. t2t/ f/ ~ 5. Consideration of Minutes of Pre vio us Session . ~ ..--{p---tJ-/ Minutes from the Regular City Council meeting of January 16, 2007~ -(}1sstA)l): "~9 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. a. Daryl Kinton, RTD Board Member, w ill be present to recognize the City of Englewood. b. Leslie Fishbein , Ka cey's Fine Furniture, will be present to address Council. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) rt. 5A-A WA c,~OAlU... -SAJOW ~OVA-l- ty, .:j~S#lll• UrJJ U.7tJ-Cl)U::{OIJ!_ ~HAU,/~ Z/)IJIAJG, f.E :Ha:, t1£J//tll,5 /'Ul(JU ow w Communicat ions, Proclamations, and Appointments. a. E-mail from Erik Foster announcing his resignation from the Liquor Licensing Authority.~ at>,;'J '7--0 ~ /kJ,htJ ...-~ fUt,~h ~ 8 tr~ ! fl{/ · Vt[ A Resolution reappointing Mark /(cfan,s toth~ublici.ib7i;'y Board . U (} A R olution appointing And Berg r to the Transportation Ad isory Committ . Englewood City Council Agenda February 5, 2007 Page 2 ~?; d . /Jd); 1 e. ~3 f. !?AleJ 1 g. ~/() h. ~if// i. f?M II-I ;.J ~JI-/~ k. ~JtJt/-I. /JAs,o /l /6 m. /JAJI-/~ n. /?4w-# II/ o . ~1-/Y p. ffet H'f q . IJ.Mt;o r. ~;i./ s. J(3.Mjj ,1-)-. t. ~)ju. ~1:1~1· A Resolution appointing Ken Bronson to the Election Commission . A Resolution appointing Ken Bronson to the Keep Englewood Beautiful Commission. A Resolution reappointing Tom Burns to the Urban Renewal Authority. A Resolution appointing Vic Calonder as an Alternate Member to the Planning and Zoning Commission. A Resolution reappointing Robert Cassidy to the Water and Sewer Board . A Resolution reappointing Douglas Cohn to the Board of Adjustment and Appeals. A Resolution appointing Sunshine Cross to the Keep Englewood Beautiful Commission . A Resolution reappointing LeRoy Davault to the Non-Emergency Employees Retirement Board. A Resolution appointing Jeanette Espinoza as an Alternate Member to the Alliance for Commerce in Englewood. A Resolution reappointing Ron Fish to the Planning and Zoning Commission . A Resolution reappointing Danielle Gregory to the Englewood Transportation Adv isory Committee. A Resolution appointing Diana Helstrom as an Alternate Member to the Urban Renewal Authority. A Resolution appointing Chris Hoagland to the Keep Englewood Beautiful Commission. A Resolution reappointing Dan Jensen to the Election Commission. A Resolution reappointing Daryl Kinton to the Englewood Transportation Advisory Committee. A Resolution appointing Thomas Kruk to the Public Library Bo~rd . A Resolution reappointing Deyo McCullough t o th e Malley Center Trust Fund . A Resolu t ion reappointing Marcia O 'Brien to the Board of Adjustment and Appeals. A Resolution appointing Suzanne Purdy as an Alternate Member to the Board of Adjustm nt and Appeals . Englewood City Council Agenda February 5, 2007 Page 3 lk1~'5W, ~/1-).v x. ~JfJ2?Y· ~?r· ~#~f aa. ~mbb. A Resolution appointing Patrick Ringenberger to the Keep Englewood Beautiful Commission. A Resolution reappointing Don Roth to the Planning and Zoning Commission . A Resolution appointing Jeff Rovner to the Keep Englewood Beautiful Commission . A Resolution appointing Ronald Rutherford as an Alternate Member to the Code Enforcement Advisory Committee. A Resolution appointing Ronald Rutherford to the Keep Englewood Beautiful Commission. A Resolution reappointing David Sprecace to the Board of Adjustment and Appeals . cc. A Resolution appointing James Weeks as an Alternate Member to the Transportation /);tP Jt3 / Advisory Committee. A Resolution appointing James Weeks to the Urban Renewal Authority. A Resolution appointing Jill Wilson to the Code Enforcement Adv isory Committee. A Resolution appointing Tom Winthrop to the Keep Engle w ood Beauti ful Comm iss ion . . ' A Resolution appointing Jesse Wolff to the Firefighters ' Pension Board. 9 . Consent Agenda Items. a. Approval of Ordinances on First Reading. r1m,'rJ7-o ~~n~~·~WJJM dh,,, 9 (r/'r 9e;' -rr (57j,.J/ _3 i. Council Bill No. 1, pe il/i~in"'g to-reapportionment of City Council districts. Pl c. Resolutions and Motions. i. Recommendation from the Public Works Department to approve a Motion authorizing the Director of Public Works to sign a contract in the amount of $11 7,658 with Hedrick & Associates, LLC. for the design of "South Broadway Streetscape: Tufts to Belle iew." STAFF SO U RCE: Ri ck Kahm , Direct or of Publ ic Works D epartm ent. Englewood City Council Agenda February 5, 2007 Page 4 /~'l-1)~~~~~~~ 10. Public Hearing Item . ~ {.8~~ ,6a~ ~ ublic Hearing to gathe~o?'fou~5~~~~ Planned Unit Development Amendment 1. 0 Public Hearing to gather input on Council Bill No. 3, amending Title 7, Chapter 1-A of C'./ the Englewood Municipal Code relating~?~~-~~ ~ :'1':!!Jf:."!:1\ 11. Ordinances, Resolutions and Motions . \~~~;:tc::~ a. Approval of Ordinances on First Re~d~ i. aprJ?-0 ii. iii. Council Bill No. 6 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Ordinance approving an Intergovernmental Agreement with the South Broadway Englewood Business Improvement District relating to the collection of special assessments. STAFF .a._ ~ ...... SOURCE: Frank Gryglewicz, Director of Finance and Administrative Service!(:.4 ~ Council Bill No. 7 -Recommendation from the Department of Finance and Aamin1strative Serv ices to adopt a Bill for an Emergency Ordinance approving the issuance of Private Activity Bonds on behalf of Jefferson Hills, a youth treatment facility. STAFF SOURCE: f.a:~nk pryglew)cz, Director of Finance and Administrative Services. ~ Council Bill No. 8 -Recommendation from the Department of Finance and Administrative Services to adopt a Bill for an Emergency Ordinance approving the lease-purchase of a Heavy Rescue Pumper and 1500 GPM Pumper. STAFF ~ ~ -"'"" SOURCE: Frank Gryglewicz, Director of Finance and Administrative ServicesotJ /~ b. Approv al of Ordinances on Second Reading. ,,..J,, J,. ~~.,A 3 , J · i. Co uncil Bill No. 52, the proposed Emergen cy Temporary Shelters Amendment to ~~ fl(l}h. )!:JiJi'{:Jegul ation of th e Englewood Mun ici pa l Co de .~ 1 j. ./ ii. Council Bill No. 2, as amended, amending Title 15, Chapter 9 , Section 2 of t h~ t Ah ,,- ~ 'ti I. / ( Englewood Municipal~de to clarify t he type of trailers that may be stored. (/_.,-If w -AJ A y: l>Jrl.J_t-JJ 1J4Jl- iii. Counci l Bill No. 4, as en ded, auth o rizi n g removal of the bil lboard at 2 730 South IJ~ L 11. J '7 O Broadway and reb uild ing th e bi ll board at 2896 Sou t h Broadway under a n o n- ~ -re ocable permit. Jtm.L_ c. Reso luti o ns and Motions. g Englewood City Council Agenda February 5, 2007 • Page 5 1 2. General Discussion. a. Mayor's Choice. #)f}d ~--o-/ ~ ~ ~ ~ b. Council Members' Choice. (ilifk'AJJ.): ~v~ 1!3-~ ~v ~~~~ 13. City Manager's Report. NL.L ~ 14. City Attorney's Report. 15. Adjournment. //:~ f ~ The following minutes were transmitted to City Council in January 2006 : • Cultural Arts Commission meeting of December 6, 2006. • Liquor Licensing Authority Telephone Poll of November 29 and December 20, 2006 . • Planning and Zoning Commission meeting of December 5, 2006. • Englewood Public Library meeting of November 14, 2006. • Transportation Advisory Committee meeting of August 10, October 12, and November 9, 2006. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: FEBRUARY 5, 2007 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS 3 ;)'-/5 <5:, (<c: cc S1 4a-o-~ s. rerJijs"lt..v~ si, TOPIC - .->v\o,.; (<.,vt ~/!',. / it)tD:~ _\ . n,l ~. ll J -C> ( 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNT~COLORADO Regular Session January 16, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Mccaslin . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4 . Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso, Oakley, Mccaslin, Woodward, Wolosyn Council Members Barrentine, Moore City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Kahm, Public Works Director Eaton , Human Resources Engineering/Capital Projects Administrator Henderson, Public Works 5. Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 08, 2007. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Nays: Absent: Council Members Mccaslin, Wolosyn , Woodward, Tomasso, Oakley None Council Members Barrentine , Moore 6 Recognition of Scheduled Public Comment (a) Mayor Wolosyn said we will distribute the aw rds we mad through our Aid to Other Agencies pro r m I w nt to th nk II of you for th s rvice you giv to our community. Thi is a small payment for the gr t good w g t b c I will com down nd pr ent th ch k . ( Englewood City Council January 16, 2007 Page 2 Present to accept the awards were : Commissioner Susan Beckman accepted for Arapahoe County Metropolitan Mayors and Commissioners Youth Awards . Ms . Beckman said on behalf of my fellow commissioners , we just want to thank you for th is grant. We have had a really good history of working on this program . It is a wonderful program to recognize so many youth in our area , that really face some tough situations , and they give back to the community and turn the ir lives around . We love this program at the County and we really appreciate your partnership in it. Thank you . Mayor Wolosyn said thank you . Selwyn Hewitt accepted for Arapahoe Philharmonic . He said I just want to express my appreciation to the Council, for the continuing support of the efforts we make to contribute to the cultural scene in Englewood . Thank you . Mayor Wolosyn said thank you . Anne Robinson was not present to accept for Court House , Inc. /Beacon Center. Becky Todhunter accepted for Cornerstone Free Methodist Church . She said on behalf of Cornerstone , thank you so much. For those who have come down and seen what we do at the church, we really appreciate it. Thanks for your support. Alisa Spillman accepted for Doctors Care . She said thank you so much . We all appreciate your support very much. Beverly Johnson was not present to accept for Englewood High After School Prom . Mayor Wolosyn sa id we w ill get this to the school. Janet Moore accepted for Englewood Cultural Arts Center Association . She said thank you Donna Hilton was not present to accept for the Food Bank of the Rockies . Mayor Wolosyn sa id we have a note that she may be late . We will make sure she gets it. Dianna Lant accepted for Gateway Battered Women 's Shelter. She said on behalf of all at Gateway , thank you very much . Stephen Edmonds accepted for Hospice of Metro Denver. He sa id thank you on behalf of all of the pati ents and fam ili es that we serv e in Eng lewood . We look forwa rd to continu ing to offe r ou r serv ices to eve ry on e w ho needs us. Mayor Wolosyn sai d than k you . Sandra Blythe-Perry accepted for Inter-Faith Task Force. She said thank you, thank you so very much . On behalf of all the local families that reside in Englewood , our mission would be very difficult without your help and support. Thank you very much . Mayor Wolosyn said thank you . Janice Henderson accepted for Living Branch Community Fellowship . She said thank you so very much . Mayor Wolosyn said thank you . Ed Ryder and Diane McClymonds accepted for Town of Littleton Cares/Meals on Wheels . Mr. Ryder said this is Diane McClymonds. She is on our board and she will be our president this next fiscal year. We want to really thank you guys for supporting us again . We're serving , right now, about 100 households in Englewood . So that's qu ite a few people . Thank you . Ms . McClymonds said thank you . Mayor Wolosyn said thank you . Mark DeHaven accepted for Englewood Southsiders (Special Olympics). He said I want to thank you for continuing to help us . Just to let you guys know , in a round about way through many years , three of our athletes were picked to go to China in October for the summer games. Mayor Wolosyn said congratulations ... extend our best to them ... please keep us posted too . Thank you . Enc B rtouzzi ccepted for Up Close nd Music I. H aid thank you for your continu d g n ro 1ty . Up Clo e nd Mu 1c I c rt inly f I pnv,I g d to hav pr nc in th s community. ( Englewood City Council January 16, 2007 Page 3 Mayor Wolosyn said that we will make sure that the remaining checks will be delivered . There was applause . 7. Recognition of Unscheduled Public Comment (a) Verda Gully , an Englewood resident , said I wanted to come toni~ht , and I thank you for letting me talk . We had a terrible thing happening in our neighborhood on December 17 h _ There was a little dog killed and our two were injured . They had to go to a veterinarian and we had a high bill because they were torn up and bitten . It happened at 9 o'clock at night. We didn't see the animal, but we think it was a fox or two because that is all we have in our neighborhood . We have fox , raccoon ... we don't see any coyote . I asked people around the neighborhood if they had seen any and they said they haven 't. .. maybe not in quite a while , although I know there are some around the City and in other cities around us . So, could I distribute these little pictures of the dog that was killed , to you Council members? I'll just give it to Wayne and he can pass it on down . And my question is ... there seems to be about a dozen fox living in our area alone ... maybe there are more but that is what we have seen . Some of them are huge and some aren 't. I know that fox usually don 't eat dogs but I know they are hungry ... and whatever animal that did this, I think it was a couple at a time, ganging up on the dogs. I just let my two little dogs out at 9 o'clock to go to the bathroom and , three minutes later, they were both torn up and needed to go to the veterinarian office . If it hadn 't been for the second dog going up the hill to see the other dog , she would have been dead , I'm sure. So the other dog that did get killed , the one you are looking at, we think , it was a 10-12 pound dog , who always came down in our yard and played with our dogs all day and then went back up . But it was 9 o'clock at night and she had come out of her doggie door and met this attacker. So , when they discovered this dog ... the dog was be ing fed on by the an imal. .. well they didn 't see the animal , but I suppose when I went out w ith my dogs and yelled , and my little miniature Dachshund barked , it probably scared them away . We want to know what we can do about this problem . It seems to be getting worse . Seven years ago we didn 't have hardly any fox in the area and now we've got so many . I would just like this addressed , if possible . If there is any way that we can help , as a community , to solve this problem . And I'm th inking that if we get more fox ... some of them are bound to be rabid eventually because that is just the way things go . And then we are going to have a little child hurt or injured , and that would be even worse than dogs . So , that is all I have to say and thank you . Mayor Wolosyn said thank you . I should say that we don 't usually comment during this portion of the meeting , we just take comments but we often return to this in the last sect ion of the meeting called Council 's Cho ice , so I would encourage you to stay. Ms . Gully said thank you . (b) Don Seymour, an Englewood resident , said I live on the brow of the hill and I have a bay window so I can really see what is happening . I want to tell you that the fox are just getting more and more. We have seen four different ones that we know of ... from small to large ... like she said . We keep our cat in , which is the one I worry about ... I think my dog could hold its own . We have a six foot fence , so we don't have a problem , but I want to tell you ... the fox come right up to our fence and talk to the dog all of the time . And after the snow that we have had , every time you can see the tracks there ... you can see them up by our front door. In the summer time, and fall and spring, my wife Marilyn and my daughter, both, have come out the front door ... from here to there ... sitting right by our front door, just like it was the family dog sitting on top of the thing ... on top of the hill there looking around, sunning itself, sleeping . It is like you wouldn't believe how brave they are ... they really are . And our neighbor across the way ... in her yard and she has about a three and a half foot wire fence ... we have seen the fox laying in the middle of her yard, sunning itself. They are up and down the alley continually , but I've got a six foot fence so they don't really come into my yard ... not so far, but they are there . One of the problems , of course , is we have had neighbors that feed them eggs . We find the egg shells around which I have talked to them about that that is not a good thing to do. I've got to say that I think they probably lived last summer at my place . I probably had a 1000 or 1200 square foot of phitzer in two different locations and we know .. we would find gloves , one glove you know , or a towel or a rag or this , that or the other , ri ght wh re there would b a hollowed out place where they would go under the phitzer , so I am sure the ir den w ri ght th r W h v h d kunks under ther before . but not recently I too care of half of it nd I th ink th1 1 on thi ng th t p opl cou ld do bo ut ha lf of my ph1tz r I took out h If of th h If nd th n I cu t them u II th1 w II , I didn 't but my boy D n did tnmm d th m up o th t th r I no pl c for th m to h v Englewood City Council January 16, 2007 Page4 den in there . And the next summer, we will probably cut up the ones that are right around by the front door there, which is evidently where the one is that sets out there , right by my door ... so that there is not a place for them to live. I don't personally have a problem with them living there except for the fact that , you know, every once in a while , we let the cat out maybe once or twice a week. That would not be good . My veterinarian assures me that even though my cat is a Maine Coon , which is a huge, big cat, it would not stand a chance w ith a fox . But , my dog is a 50 pounder , qu ick and sharp teeth so that would be a fight to watch . But anyway , I've got to tell you , they are there and you see them ... you see them driving down the street ... you see them cross in front of your headlights at night and they are not scared of you in the least. That's about it. .. any questions? Mayor Wolosyn sc:1 ,d thank you Don . As I said , we will probably come back to this under Council's Choice . Mr. Seymour said thank you . Mayor Wolosyn said thank you . {c) Verona Kebba , an Englewood resident , said I live next to the Gully's. I lost a cat about two months ago and I've looked all over , as Mr. Oakley knows, all over and talked to people , and I have never found him . I feel very certain that one of the foxes has gotten the cat. We have had , in the past two years , two litters ... two dens ... one just a couple of doors down north from us, and across the street from us down by the buildings ... the business build ings down there ... and they have had three and four baby fox down there . So , we do have a lot of fox around . Mayor Wolosyn said thank you . Mayor Wolosyn asked if there were any other comments . There were none . 8 . Communications, Proclamations and Appointments {a) A proclamation declaring January 2007 as "Flu Shots for Kids Month " was cons idered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO DECLARE JANUARY 2007 AS "FLU SHOTS FOR KIDS MONTH." Mayor Wolosyn asked if there were any comments . There we re none . Vote results: Ayes : Nays: Absent: Mot ion ca rri ed . Counc il Members Mccaslin , Wolosyn , Woodward , Tomasso , Oakley None Counc il Members Barrentine , Moore Mayor Wolosyn said do we have someone present to accept this proclamation? She said I will make sure that the proper people receive this proclamation . 9. Consent Ag enda {a) Approval of Ordinances on First Reading There were no a items submitted for approval on first reading . {b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . {c) Resolutions and Motions There were no additional Resolutions or Motions submitted for approval. {See Agenda Item 11 .) 1 O Public Hearing Item, Englewood City Council January 16, 2007 Pages There was no publ ic hearing scheduled . 11. Ordinances , Resolution and Motions (a) Approval of Ordinances on First Reading There were no items subm itted for approval on first reading . (b) Approval of Ordinances on Second Read ing There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Director Eaton presented a recommendation , from the Human Resources Department , to adopt a resolution to reappoint the Hearing Officers to hear Merit and Disc iplinary appeals. Th is is a housekeeping matter. Every year we are required to renew our list of hearing officers , should we need one throughout the yea r. And the three panelists , who sat on the panel last year, all indicated their interest in being on the panel again this year , and their resumes are attached . So , l ·am asking for Councils ' approval. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 3, SERIES OF 2007 . RESOLUTION NO . 3, SERIES OF 2007 A RESOLUTION TO REAPPOINT THE HEARING OFFICERS TO HEAR MERIT AND DISCIPLINARY APPEALS . Vote results: Motion carri ed . Ayes : Nays : Absen t: Council Members Mccaslin , Wolosyn , Woodward , Tomasso , Oakley None Coun cil Members Barren ti ne , Moore (ii) Director Kahm prese nte d a re com mendation , from th e Departme nt of Publi c Wo rks , to approve , by motion , contracts associated w it h the construc tion of Big Dry C reek Trai l imp roveme nts -Phase II - Broadway to Greenwood Point STE M395-009 ; awarding the construction contract to Goodland Construction in the amount of $518 ,387 .50 ; approving a construction administration professional services agreement with ASCG , Inc . in the amount of $60 ,000 ; and authorizing a construction contingency in the amount of $35 ,000 , for a total estimated project cost of $613 ,387 .50 . He sa id this particular project , as you know , has history that goes back to 2002 . I remind you that the City of Englewood only serves as a project sponsor on this project , wh ich means that we facilitate it and other people pay for it. We keep everybody on the up and up and keep everything stra ight. In this particular instance , tonight we are asking for your approval. .. there are actually three parts to th is ... one is the award of the construction contract to Goodland Construction . I should know those folks a little bit. They have done quite a bit of work for the City i n the past. They installed sidewalks for us , on both University and on Belleview , about two years ago . It is a good company and we have a lot of confidence in them . I would like to po in t out that, in this particular instance , they were not the low bidder on this project. The low bidder had an iss ue w ith COOT , in that they hadn 't complied with the OBA requ irements of COOT and then they weren 't on CDOT's list of pre -qualified con t ractors . So , even though they were $50 ,000 .00 less , COOT would only award to the second low bidder. But we fee l good about Goodland . The second part of it has to do with project administration services with ASCG . What that will actually amount to is ... we will be doing a change order with their contract. They had the ini tial contract to do all the design work on th is project. so we w ill just roll that into their follow-up on construction administration . And of course , the th ird part is to establish a small conttng ncy of $35 ,000 00 that we believe will b adequate In this ins tance , as the commun cation suggests to you , of th origin I $600 ,000 00 in Fed r I funding th t wa availabl for this proJect , only $118 ,000 00 rem ins ) Englewood City Council January 16, 2007 Page6 and it will be utilized with this project, with this phase. There still remains a phase of work to be done down there and that is a section from Lehow down to Broadway. And , we are working with South Suburban right now, attempting to acquire easements and the right-of-way for that section . He said I would be happy to answer any questions . Council Member Woodward said just a comment. I guess South Suburban Park Foundation ... any shortfalls on this, are covered by the Foundation. Director Kahm said absolutely. They totally pay and we actually came to you ... l don't remember the exact date ... in 2006 and had you approve an ordinance. We did an IGAwith them to assure that we get paid, but they have talked to us within the last couple of weeks and assured us that their funding is in place . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii), CONTRACTS ASSOCIATED WITH THE CONSTRUCTION OF BIG DRY CREEK TRAIL IMPROVEMENTS -PHASE 11-BROADWAY TO GREENWOOD POINT STE M395-009; AWARDING THE CONSTRUCTION CONTRACT TO GOODLAND CONSTRUCTION IN THE AMOUNT OF $518,387.50; APPROVING A CONSTRUCTION ADMINISTRATION PROFESSIONAL SERVICES AGREEMENT WITH ASCG, INC. IN THE AMOUNT OF $60,000; AND AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $35,000, FOR A TOTAL ESTIMATED PROJECT COST OF $613,387.50. Vote results: Ayes: Nays: Absent: Motion carried . Council Members Mccaslin, Wolosyn, Woodward, Tomasso, Oakley None Council Members Barrentine , Moore Mayor Wolosyn said thank you Rick . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would like to ask Council to approve funds for me to attend the National League of Cities Conference in Washington D.C . in March 2007 . I have submitted a cost of $2,457 .00 . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS , IN THE AMOUNT OF $2,457.00, FOR MAYORWOLOSYN TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D .C., IN MARCH 2007 . Council Member Woodward said this has been budgeted within the City Council budget. Ms. Wolosyn said thanks . Vote results: Ayes: Nays: Abstain : Absent: Motion carried . Mayor Wolosyn said thank you . Council Members Mccaslin , Woodward, Tomasso, Oakley None Mayor Wolosyn Council Members Barrentine, Moore (ii) Mayor Wolosyn said I have something that I keep forgetting . It is way too late to say th is, but I do want to compliment Public Works on the lights this year on Broadway . I really like the way that th y were wrapped around the trunk . I found it was a really great use of lights to high effects ... so just pass that round . Englewood City Council January 16, 2007 Page 7 (iii) Mayor Wolosyn said I guess I will bring up the fox issue . One thing that I guess I would ask is, are there ways of determining exactly what animals are doing the attacking? I saw the note that said the National Wildlife Association was addressing this ... in some manner? Gary could you help? City Manager Sears said maybe Chris can help, but it is my understanding that fox and coyote are under the Department of Wildlife , as opposed to a domesticated animal. And so , we've got to coordinate with them , just like with the beavers . We have had beavers along our ditches, but they are treated a little bit differently because they are under the Department of Wildlife, because they are a wild animal. .. and certainly rabies is a concern . But I think our Code Enforcement people have had some experience and one of the things that I know we can do ... is actually put out information , like in the Englewood Citizen, about pets and making sure that your pets are somewhat protected. We can try to work with the Department of Wildlife in terms of what type of things that we can do , but as I understand it, the City doesn't have the ability to trap , like we do a cat or a dog, or do certain things . They are not a protected species, but since they are wildlife, they are under a different code . We can provide more information to the City Council and the public . Safety Services Director Olson said we will be doing a report on this . This is an endemic problem throughout the entire metro area . And, Tom and I live down in an area of Denver where I can tell you, the foxes are all over the place . They are in my back yard . My dog goes out at night just to guard against them coming into the yards . So, they are all over. It is just one of those things that has happened recently in the open environment. .. where they are just coming on in , because there is lots of food here , and they just eat whatever they can . It is pretty rare when they attack animals but. .. Anyways , we will look at it but Mr. Sears is right. It really doesn't fall under our jurisdiction and it is most likely , if we got really serious about it, it is going to have to be an eradication program, because you really , technically, can't just relocate those kinds of animals ... just like squirrels or anything else ... anywhere you want to . So, our Code people really would probably not be involved in any trapping or relocation. This would have to be by professionals , of some sort , who would come on out and take care of it. But just hitting one area is not going to resolve the issue . It is a wide-spread problem, especially if you have any sort of semi-rural type landscaping or whatever you have in place . But we will definitely put together a report and see what we can do. It is going to be a fairly significant issue to resolve . Mayor Wolosyn said Chris , I just have an added question because I have known there have been foxes in Englewood for awhile and they seem to keep to themselves or be part of some urban eco system . Could this be a function of two feet of snow? Director Olson said no , this has been going on for some time . Ms. Wolosyn said but I mean the reported attacks , because I have never heard of attacks . Director Olson said it is really hard to say . I mean , you know foxes can j ump over some pretty high fences , which I have seen , and with the snow , they can now more easily get into a lot of yards , because they don 't have to jump so far. I don 't know if the snow is a major is sue because of a lack of food . A lot of people leave dog food out. .. they leave cat food out. .. I mean these animals after awhile figure all that out and just go for it. Just like skunks or any sort of animal like that. Ms . Wolosyn said you're right. Mr. Olson said but we will research and do the best we can and hopefully have some idea what we can do for the citizens regarding it , but it won 't be easy. Mayor Wolosyn said okay. I appreciate any information that you can g ive us . Mr. Olson said we will definitely do that. Mayor Wolosyn said thank you . (iv) Mayor Wolosyn said thank you Council for approving the funds for me to attend the conference . Over the years , I have found it to be twofold useful. One , the fact that it is the month where Council people from across the country gather to lobby for municipal issues in Washington , D.C . and I th ink it 's really valuable whenever a small city like Englewood has the chance to interact with our leaders up on the hill . It has been my experience , in the last seven years , that they know us and they respond when we talk . And I think part of it is the fact that we reach out. The other th ing is , NLC offers great educational programs , both on personal issues , on leadership and pointers on how to conduct a meeting , and also just how other municipalities are dealing with issues across the co untry. (b) Council Membe rs ' Choice (1) Council M mb r McCashn Englewood City Council January 16, 2007 Pages 1. He said I was listening to a talk show the other day , and the Chief of Police from Westminster was talking about the gang activities since the death of this Bronco , and I thought I would just turn in a Council request wondering if the City of Englewood had any gang activities or if we know of any gang activities moving in? You know , they talked about being proactive instead of reactive to what was going on. I haven't heard of any , so that was just an issue I brought up. Will that be addressed later on? Safety Services Director Olson said you will have a report in your packet this week . I just authorized it to go out today . Bottom line question is, yes, we have some gang issues here in Denver. We always have. They just vary by what kind of gangs you are talking about, and it is tied in with tagging and a bunch of other things, but there will be a report tomorrow. In that, we will be putting together again, as we always have, a strategic response to a lot of that. One of our police officers is a recognized gang expert , and so we are using his expertise to really help us through the process. But , yes, a report will be over at City Hall. .. well , it is over there right now, so it is just a matter of getting it into the packet this week . Mr. Mccaslin said thank you . 2 . He said my wife is the principal at Bishop and today two kids found a big bag of marijuana at the front door of Bishop Elementary. So she proceeded to call the police. When the police got there, they were wonderful . Within five minutes, they handled the situation very professionally. She just wanted me to relate the information that it was fantastic. There was a problem, though. She called , and I guess they asked if it was an emergency and she said no, and she was on the phone two and a half minutes waiting . Is that pretty typical? Director Olson replied that would not be atypical because if there were a number of other calls coming in to take precedence, the dispatchers put you on hold for a little bit of time, and generally, it is not very long . Generally, there are only two dispatchers there so they are trying to prioritize the calls and so forth , but as long as the response is within five minutes , that is a pretty good time parameter from the time the call came in to when you got a cop there . Mr. Mccaslin said she said they did a wonderful job, so , if you will pass that on , I would appreciate that. Mr. Olson said okay ... I will do that. .. thank you sir. 3. He said I would also like to attend the National League of Cities Conference in Washington D.C. in March 2007. Being an educator myself, I think this is a great experience for me to go to see how the big boys do it up in Washington . I would like to learn as much as I can and gather as much information so that when I make a decision in the community , that I make a wise decision , for the best interest of the residents of Englewood . I feel that the more education and the more knowledge I get, the better decisions I can make , so I also would like to be approved for this conference . The amount is not quite known yet as I haven 't decided which topics to attend . Is this the proper time to approve this? Mayor Wolosyn said I th ink we would be safe to take J im 's number of $2 ,615.00 and put that forward fo r you . Mr. Mccaslin sa id okay and I would ask Council if they would approve this. I would appreciate it. COUNCIL MEMBER WOLOSYN MOVED , AND IT WAS SECONDED , TO APPROVE THE EXPENDITURE OF F UNDS , IN THE AMOUNT OF $2 ,615 .00 , FOR COUNCIL MEMBER McCASLIN TO PARTI C IPATE IN T HE NAT IONAL LE AG UE O F C ITI ES C ON FE R ENCE IN WASHI NGTON D.C., IN MARCH 20 07. Vote res ults: Ayes : Nays : Abstain : Absent: Motion carried . Council Members Woodward , Tomasso , Oakley , Wolosyn None Council Member Mccaslin Council Members Barrentine , Moore Council Member Mccasl in said that is all I have , thank you . (ii) Council Member Oakley said I , of course , would like to go back to the fox issue . Be ing from the neighborhood that the citizens who spoke here ton ight are from , I am quite familiar with what they are talk in g about. I think that we have a little bit of a unique situation in the area we liv in , given the two reservoirs . r-or it is such an open area , right up against the re dential d is trict , and the fox e m to move in that area first. And hk one of the cit1z n aid , 1t ha b n in th last six or s v n y r . Th fox did rv purpo e to d gr , in th t th y too c r of th I rg goo population th t w r g tting on th r rvoir At t1m , w Englewood City Council January 16, 2007 Page 9 had as many as about fifty geese hatch out and reach their adulthood in the area, and it was getting to be quite a mess . Fortunately or unfortunately , depending on how you feel about wildlife , the fox have totally taken care of that. They are zero . They get in the nest and they even kill the adult geese, so maybe that is on the plus side . But , when it crosses over the line like this , and when we start loosing domestic animals ... I think we have been losing cats for quite awhile ... but th is is the first time that I have heard about them attacking dogs . I know the people living on the corner of Tufts and Mariposa have other animals ... like chickens and they even had peacocks and guineas at one time ... and I know the fox were harassing them for several years . So , even though this is a problem in many areas of the City , I think it is really concentrated around those reservoirs . So , if we have to look to the State , and I think we do because these are wild animals , I do know the State has professional trappers that go in and do trapping . Now I know they concentrate on bears, mountain lions and stuff like that before they would foxes , but nevertheless , to these people, it is just as important to them as to the people who are being harassed by the bears . So , I think we ought to check into that and see if there is a possibility of ... it is no secret as to where the dens are. They named two tonight and I know some of the neighbors down there could tell you where the other dens are and they generally average three or four a year. So you start adding that up . They stay so long and then they run them out and they have to go form their own den . And if that continues, and they are getting more aggressive ... You only used to see them at night. Now it is not uncommon at all to see them in the day time and it's going to get worse . So, I think now is the time to address it. I want to thank you all for coming tonight. (iii) Council Member Tomasso: 1. He said on the fox issue , the last fox I saw was on Thursday night at 6 :30 at Cornell and Lincoln . He was headed south on Lincoln, at a high rate of speed . There was also one at Marion and Cornell , I th ink , about three days before that. I know there are at least three living in Arapahoe Acres . One of them likes to sleep under the pine tree in D iane's back yard . And I wake up in the morning and he is back there sleep ing . There are also , I think , three living in the General Iron site . So , it is not just the south part of the City ... it is the entire City . They are all over. 2 . He said I, also, would like to go to the National League of Cities Conference in Washington D.C. and I would apply for the $2 ,615 .00 that Mr. Woodward is applying for. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,615.00, FOR COUNCIL MEMBER TOMASSO TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D.C., IN MARCH 2007. Vote results: Motion carried . Ayes : Nays: Abstain : Absent: Co un ci l Me mbers Mccasli n, Woodward, Oakley , Wolos yn None Council Member Tomasso Council Members Barrentine, Moore (iv) Council Member Woodward : 1. He said we have a member of our community, Mr. Ken Haraldsen , that received the 9Who Cares Award for the month of January and I just wanted to acknowledge that and congratulate him for his community service over the years . 2. He said regarding the National League of Cities Conference in Washington D.C. in March 2007 , I would like to participate in that again this year. I think there is real value in going to Washington and interacting with other city officials . The number that has been estimated is $2 ,615.00 . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE EXPENDITURE OF FUNDS, IN THE AMOUNT OF $2,615.00, FOR COUNCIL MEMBER WOODWARD TO PARTICIPATE IN THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON D .C ., IN MARCH 2007 . Vote re ult : .. Englewood City Council January 16, 2007 Page 10 Ayes : Nays: Abstain : Absent: Motion carried . 13 . City Manager's Report Council Members Mccaslin , Tomasso, Oakley, Wolosyn None Council Member Woodward Council Members Barrentine , Moore (a) City Manager Sears said just a reminder to Council that we have Boards and Comm issions interviews next Monday night and we don't have a meeting scheduled on the 291 h . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8:10 p.m . ~ Susan Werntz From: Kerry Bush Sent: Monday, January 29, 2007 7:35 AM To: Subject: Dugan Comer; Susan Werntz; Lou Ellis ; Frank Gryglewicz Liquor Licensing Authority Resignation -----Original Message----- From: Erik Foster [mailto:fos83@hotmail.com) Sent: Friday, January 26, 2007 11:50 PM To: Kerr y Bush Subject: RE: Liquor Licensing Authority Kerry, Sorry it took so long for me to get back to you ... I vote yes on all. Also, unfortunately this will be my last vote . I have officially moved to the North Routt County area, and will no longer reside in Englewood. I must put in my official resignation for the liquor licensing authority . I would like to thank you, and all the commissioners for your hard work and service you put into not only this commission , but for the general citizens of Englewood. It has been a pleasure serving with you, and I wish you all the best of luck in the future. If I ever return to the Englewood area, I wou l d lov e t o re -apply for this post . Thanks, and I 'll miss Englewood , my home , Erik 1 8a ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING MARK ADAMS TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, Mark Adams was a member of the Englewood Public Library Board; and WHEREAS, Mark Adams term expired February l, 2007; and WHEREAS, Mark Adams has applied for reappointment to the Englewood Public Library Board for another term; and WHEREAS, the Englewood City Council desires to reappoint Mark Adams to the Englewood Public Library Board for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . Mark Adams is hereby reappointed to Englewood Public Library Board. Mark Adams' term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8b RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING ANDY BERGER TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation issues in the City of Englewood and shall seek to promote close cooperation between the City, individuals, businesses, institutions and agencies concerned with transportation related activities ; and WHEREAS , the Englewood Transportation Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 65 , Series of 2001 ; and WHEREAS, there is a vacancy in the Englewood Transportation Advisory Committee; and WHEREAS, Andy Berger has applied to serve as a member of the Englewood Transportation Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Andy Berger to the Englewood Transportation Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, C OLORADO, THAT: Section 1. Andy Berger is hereby appointtJ to th nglewood Transportation Advisory Committee. Andy Berger's term will be effective imm ediately and will expire February 1, 2010 . ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wol osyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City ClerY. Be RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING KEN BRONSON TO THE ELECTION COMMISSION OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood Election Commission is charged with recommending to City Council rules and regulations with respect to municipal elections; and WHEREAS, there is a vacancy on the Englewood Election Commission; and Ken Bronson has applied to serve as a member of the Englewood Election Commission; WHEREAS, Ken Bronson has applied to serve as a member of the Englewood Election Commission; WHEREAS, the Englewood City Council desires to appoint Ken Bronson to the Englewood Election Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ken Bronson is hereby appointed to the Englewood Election Commission. Ken Bronson's term will be effective immediately and will expire February 1, 2010 . ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8d RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING KEN BRONSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS , there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Ken Bronson has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ken Bronson is hereby appointed to the Keep Englewood Beautiful Commission. Ken Bronson's term will be effective immediately and will expire February 1, 2009. ADOPTED AND APPROVED this 5th of February, 2007. ATIEST: Olga Wolosyn, Mayor Loucrishia A. Elli s, City Clerk I, Loucrishia A. Ellis, City C lerk for th e City of Englewood , Colorado, h ereb y certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Elli s, City Clerk Be ( RESOLUTION NO . SERIES OF 2007 A RESOLUTION REAPPOINTING TOM BURNS TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS , Tom Burns was a member of the Englewood Urban Renewal Authority ; and WHEREAS, Tom Burns' term expired February I, 2007; and WHEREAS, Tom Burns has applied for reappointment to the Englewood Urban Renewal Authority; and WHEREAS, the Mayor, with the approval of the Englewood City Council, desires to reappoint Tom Burns to the Englewood Urban Renewal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Tom Burns is hereby reappointed to Englewood Urban Renewal Authority . Tom Burns ' term will be effective immediately and will expire February I , 2012. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk Bf ( RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING VIC CALONDER AS AN ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions as well as, capital improvements; and WHEREAS, Vic Calonder has graciously offered to serve on the City of Englewood 's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Vic Calonder as alternate member to the Planning and Zoning Commission; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS , while the alternate will not be able to vote at the meetings , he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Vic Calonder as alternate member of the E nglewood Planning and Zoning Commission. ADOPTED AND APPROVED this 5th of February, 2007 . ATIEST: Olga Wolosyn, Mayor Jerk 8g I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk RESOLUTION NO . SERIES OF 2007 A RESOLUTION REAPPOINTING ROBERT CASSIDY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Water and Sewer Board plans for the continued adequacy of the domestic water supply and system and sanitary sewer system and shall have the power to protect the domestic water supply of the City from injury and pollution; and WHEREAS, Robert Cassidy is a current member of the Englewood Water and Sewer Board; and WHEREAS, Robert Cassidy's current term expired February 1, 2007; and WHEREAS, Robert Cassidy has applied for reappointment to the Englewood Water and Sewer Board; and WHEREAS , the Englewood City Council desires to reappoint Robert Cassidy to the Englewood Water and Sewer Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Robert Cassidy is hereby reappointed to Englewood Water and Sewer Board . Robert Cassidy's term will be effective immediately and will expire February 1, 2013. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2007 . 8h RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DOUGLAS COHN TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations , to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations ; and WHEREAS , Douglas Cohn is a current member of the Englewood Board of Adjustment and Appeals ; and WHEREAS, Doug Cohn's term expired February I , 2007; and WHEREAS, Doug Cohn has applied for reappointment to the Englewood Board of Adjustment and Appeals for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Doug Cohn is hereby reappointed to the Board of Adjustment and Appeals for the City of Englewood, Colorado . Doug Cohn's term will be effective immediately and will expire February I , 2011. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Elli , City Clerk 1, Loucrishia A . Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2007. Loucrishia A. Ellis, City Clerk 8i RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING SUNSHINE CROSS TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Sunshine Cross has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Sunshine Cross is hereby appointed to the Keep Englewood Beautiful Commission. Sunshine Cross 's term will be effective immediately and will expire February I, 2009. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 8j RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING LEROY Da VAULT TO THE NON-EMERGENCY EMPLOYEES RETIREMENT BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Non-Emergency Employees Retirement Board is the trustee of the Non-Emergency Employees Retirement Plan Fund and has the power to establish investment or purchasing plans as necessary; and WHEREAS, Leroy Davault is a current member of the Englewood Non-Emergency Employees Retirement Board; and WHEREAS, Leroy DaVault's current term expired February l, 2007; and WHEREAS , Leroy Da Vault has applied for reappointment to the Englewood Non-Emergency Employees Retirement Board; and WHEREAS, the Englewood City Council desires to reappoint Leroy Da Vault to the Englewood Non-Emergency Employees Retirement Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Leroy Da Vault is hereby reappointed to Englewood Non-Emergency Employees Retirement Board. Leroy DaVault's term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga W olosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Elli , C ity Clerk 8k RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING JEANNETTE ESPINOZA AS AN ALTERNATE TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Jeannette Espinoza has graciously offered to serve on the Alliance For Commerce In Englewood; and WHEREAS, currently there are no vacancies on Alliance For Commerce In Englewood; and WHEREAS, the Englewood City Council desires to appoint Jeannette Espinoza as an alternate member to ACE: and WHEREAS, City Council has requested staff to send alternate members packets for the board that they will be serving on so that they can maintain an understanding of the current issues and rules; and WHEREAS, while the alternates will not be able to vote at the meetings, they are nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Jeannette Espinoza as alternate member to Alliance For Commerce In Englewood. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 81 C ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING RON FISH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions and capital improvements; and WHEREAS, Ron Fish was a member of the Englewood Planning and Zoning Commission; and WHEREAS, Ron Fish's term expired February l, 2007; and WHEREAS, Ron Fish has applied for reappointment to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ron Fish is hereby reappointed to the Englewood Planning and Zoning Commission. Ron Fish's term will be effective immediately and will expire February l , 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATIEST: Olga Wolosyn, Mayor Loucrishia A . Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucri hia A . Elli , City Clerk 8m RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DANIELLE GREGORY TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation issues in the City of Englewood and shall seek to promote close cooperation between the City, individuals , businesses, institutions and agencies concerned with transportation related activities; and WHEREAS, the Englewood Transportation Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 65, Series of 200 l ; and WHEREAS, Danielle Gregory is a current member of the Englewood Transportation Advisory Committee; and WHEREAS, Danielle Gregory term expired February 1, 2007; and WHEREAS, Danielle Gregory has applied for reappointment to the Englewood Transportation Advisory Committee for another term; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Danielle Gregory is hereby reappointed to the Englewood Transportation Advisory Committee for the City of Englewood, Colorado. Danielle Gregory 's term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007 . ATIEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007. 8h RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING DIANA HELSTROM AS AN ALTERNATE MEMBER TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, Diana Helstrom has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Diana Helstrom as alternate member to the Urban Renewal Authority; and WHEREAS, City Council has requested staff to send this alternate member packets for the Authority she will be serving on so that she can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Diana Helstrom as an alternate member of the Englewood Urban Renewal Authority. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk 8'o RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING CHRIS HOAGLAND TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Chris Hoagland has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Chris Hoagland is hereby appointed to the Keep Englewood Beautiful Commission. Chris Hoagland 's term will be effective immediately and will expire February 1, 2009. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , C ity C lerk I , Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A . Ellis, City Clerk p CORRECTION THE PfiECEDING DOCUMENT OR BLA NK FRAME HAS BEEN REivTICROFIL WED TO ASSURE LEG/Bil/TY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING DIANA HELSTROM AS AN AL TERNA TE MEMBER TO THE URBAN RENEW AL AUTHORITY FOR THE CITY OF ENGLEWOOD. WHEREAS , the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, Diana Helstrom has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS , currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Diana Helstrom as alternate member to the Urban Renewal Authority; and WHEREAS, City Council has requested staff to send this alternate member packets for the Authority she will be serving on so that she can maintain an understanding of the current issues and rules ; and WHEREAS, while the alternate will not be able to vote at the meetings, she is nevertheless r equested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Diana Helstrom as an alternate member of the Englewood Urban Renewal Authority. ADOPTED AND APPROVED this 5th of February, 2007. ATTE ST: Olga Wolosyn, Mayor Lou crishia A. E lli s, C ity C lerk 80 I, Loucrishia A Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A Ellis, City Clerk RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING CHRIS HOAGLAND TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS , there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS , Chris Hoagland has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Chris Hoagland is hereby appointed to the Keep Englewood Beautiful Commission. Chris Hoagland 's term will be effective immediately and will expire February l, 2009. ADOPTED AND APPROVED this 5th of February, 2007. AITEST: Olga Wolosyn, Mayor Loucrishia A. E ll is, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8p ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DAN JENSEN TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Election Commission is established by the Englewood Home Rule Charter to establish precincts, appoint election judges and clerk, prescribe procedures, and any other duties as required by law; and WHEREAS, Dan Jensen is a current member of the Englewood Election Commission; and WHEREAS, Dan Jensen's term expired February 1, 2007; and WHEREAS, Dan Jensen has applied for reappointment to the Englewood Election Commission for another term; and WHEREAS, the Englewood City Council desires to reappoint Dan Jensen to the Englewood Election Commission for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIT., OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Dan Jensen is hereby reappointed to the Election Commission for the City of Englewood, Colorado. Dan Jensen's term will be effective immediately and will expire February l, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A . Ellis, City Clerk 8q RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DARYL KINTON TO THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation issues in the City of Englewood and shall seek to promote close cooperation between the City, individuals, businesses, institutions and agencies concerned with transportation related activities; and WHEREAS, the Englewood Transportation Advisory Committee was established by the Englewood City Council with the passage of Ordinance No. 65, Series of 2001; and WHEREAS, Daryl Kinton is a current member of the Englewood Transportation Advisory Committee; and WHEREAS, Daryl Kinton's term expired February 1, 2007; and WHEREAS, Daryl Kinton has applied for reappointment to the Englewood Transportation Advisory Committee for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Daryl Kinton is hereby reappointed to the Englewood Transportation Advisory Committee for the City of Englewood, Colorado. Daryl Kinton 's term will be effective immediately and will expire February l, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucri hia A. Elli , City Clerk 8r (. RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING THOMAS KRUK TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Public Library Board prepares and recommends to City Council a master plan for the development and maintenance of the City library system as well as policy issues; and WHEREAS, there is a vacancy on the Englewood Public Library Board; and WHEREAS, Thomas Kruk has applied to serve as a member of the Englewood Public Library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Thomas Kruk is hereby appointed to the Englewood Public Library Board. Thomas Kruk's term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 8 RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DEYO McCULLOUGH TO THE MALLEY CENTER TRUST FUND FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Malley Center Trust Fund was established for the use and benefit of the Englewood Senior Citizen Recreation Center known as the Elsie Malley Centennial Center; and WHEREAS, the Trustees recommend to the City Council appropriations from the Trust Fund for the use and benefit of the Elsie Malley Centennial Center; and WHEREAS, Deyo McCullough is a current member of the Malley Center Trust Fund; and WHEREAS, Deyo McCullough's current term expires February 1, 2007; and WHEREAS, Deyo McCullough has applied for reappointment to the Malley Center Trust Fund for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . Deyo McCullough is hereby reappointed to the Malley Center Trust Fund for the City of Englewood, Colorado. Deyo McCullough's term will be effective immediately and will expire February 1, 2010. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8t RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING MARCIA O 'BRIEN TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations, to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations ; and WHEREAS, Marcia O 'Brien is a current member of the Englewood Board of Adjustment and Appeals; and WHEREAS, Marcia O'Brien's term expired February 1, 2007; and WHEREAS, Marcia O 'Brien has applied for reappointment to the Englewood Board of Adjustment and Appeals for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Marcia O 'Brien is hereby r eappointed to the Board of Adjustment and Appeals for the City of Englewood, Colorado . Marcia O 'Brien's term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST : Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING SUZANNE PURDY AS AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD . WHEREAS, Suzanne Purdy has graciously offered to serve on the City of Englewood 's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Suzanne Purdy as alternate member to the Board of Adjustment and Appeals; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board she will be serving on so that she can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings , she is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues ; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Suzanne Purdy as alternate member of the Englewood Board of Adjustment and Appeals . ADOPTED AND APPROVED this 5th of January, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ellis, City Clerk I ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING PATRICK RINGENBERGER TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Patrick Ringenberger has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Patrick Ringenberger is hereby appointed to the Keep Englewood Beautiful Commission. Patrick Ringenberger's term will be effective immediately and will expire February 1, 2009. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk 8w ! I i i I ' I I ' I I • 1 i I J i RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DON ROTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Planning and Zoning Commission makes recommendations to City Council regarding the master plan, the comprehensive zoning ordinance, proposed subdivisions and capital improvements; and WHEREAS, Don Roth was a member of the Englewood Planning and Zoning Commission; and WHEREAS, Don Roth's term expired February 1, 2007; and WHEREAS, Don Roth has applied for reappointment to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Don Roth is hereby reappointed to the Englewood Planning and Zoning Commission. Don Roth's term will be effective immediately and will expire February 1, 2011. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A Ellis, City Clerk I, Loucrishia A Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8x ( ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING JEFF ROVNER TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Jeff Rovner has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. Jeff Rovner is hereby appointed to the Keep Englewood Beautiful Commission. JeffRovner's term will be effective immediately and will expire February 1, 2009. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga W olosyn, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007. Loucrishia A. Ellis, City Clerk Sy RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD AS AN AL TERNA TE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD. WHEREAS, the Code Enforcement Advisory Committee established in 1997, focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Ronald Rutherford has graciously offered to serve on the City of Englewood 's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint Ronald Rutherford as an alternate to the Englewood Code Enforcement Advisory Committee; and WHEREAS, City Council has requested staff to send this alternate member packets for the Committee he will be serving on so that he can maintain an understanding of the current issues and rules ; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints Ronald Rutherford as alternate member of the Code Enforcement Advisory Committee. ADOPTED AND APPROVED this 5th of February, 2007. AITEST: Olga Wolosyn, Mayor lerk Bz I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk ( ( RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING RONALD RUTHERFORD TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Keep Englewood Beautiful Commission has been created to advise the City Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission ; and WHEREAS, Ronald Rutherford has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Ronald Rutherford is hereby appointed to the Keep Englewood Beautiful Commission. Ronald Rutherford's term will be effective immediately and will expire February 1, 2009. ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucrishia A. Ellis, City Clerk aaa RESOLUTION NO. SERIES OF 2007 A RESOLUTION REAPPOINTING DAVID SPRECACE TO T HE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood Board of Adjustments and Appeals has the authority to hear and determine appeals from the refusal of building permits and other decisions regarding the enforcement of the zoning regulations, to make exceptions to the zoning regulations and to authorize variances from the strict application of zoning regulations ; and WHEREAS, David Sprecace is a current member of the Englewood Board of Adjustment and Appeals; and WHEREAS, David Sprecace 's term expired February 1, 2007 ; and WHEREAS , David Sprecace has applied for reappointment to the Englewood Board of Adjustment and Appeals for another term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Davi d Sprecace is hereby reappoint ed to the Board of Adjus tm ent and Appeals fo r t he City of Englewood, Colorado. Dav id Sprecace's term will be effective i iately and will expire February 1, 2011 . ADOPTED AND APPROVED thi s 5th of February, 2007. ATTEST: Ol ga Wo losyn , M ayor Loucrishia A. Ellis , City Clerk l, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2007 . Loucri hia A . Ellis , ity Clerk 8bb RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING JAMES WEEKS AS AN ALTERNATE TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Transportation Advisory Committee has been established as an advisory committee focused on transportation issues in the City of Englewood and shall seek to promote close cooperation between the City, individuals, businesses, institutions and agencies concerned with transportation related activities; and WHEREAS, James Weeks has graciously offered to serve on the City of Englewood's boards and commissions; and WHEREAS, currently there are no vacancies on the boards and commissions; and WHEREAS, the Englewood City Council desires to appoint James Weeks as alternate member to the Transportation Advisory Committee; and WHEREAS, City Council has requested staff to send this alternate member packets for the Board he will be serving on so that he can maintain an understanding of the current issues and rules; and WHEREAS, while the alternate will not be able to vote at the meetings, he is nevertheless requested to attend as many meetings as possible to get a feel for the membership and issues; and WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this individual wishes to bestow upon the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Council hereby appoints James Weeks as an alternate member of the Englewood Transportation Advisory Committee. ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST : Olga W olosyn, Mayor 8cc I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No . __ , Series of 2007. Loucrishia A. Ellis, City Clerk RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING JAMES WEEKS TO THE ENGLEWOOD URBAN RENEW AL AUTHORITY . WHEREAS, the Englewood Urban Renewal Authority has the statutory authority to undertake projects which it finds necessary for the physical development of municipal land use including the improvement of areas within the City; and WHEREAS, there is a vacancy on the Englewood Urban Renewal Authority; and WHEREAS, James Weeks has applied to serve as a member of the Englewood Urban Renewal Authority; and WHEREAS, James Weeks was previously named as an alternate to the Englewood Urban Renewal Authority; and WHEREAS , the Englewood City Council desires to appoint James Weeks to the Englewood Urban Renewal Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. James 'Veeks is hereby appointed to the Englewood Urban Renewal Authority. James Weeks' term will be effective immediately and shall expire February I, 2012 . ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST : Olga Wolosyn , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a hue copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8 dd RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING JILL WILSON TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Code Enforcement Advisory Committee established in 1997, focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recorrunendations to City Council and to the City Manager or designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Jill Wilson has applied to serve as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Jill Wilson to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jill Wilson is hereby appointed to the Englewood Code Enforcement Advisory Committee. Jill Wilson's term will be effective irrunediately and will expire July 1, 2007 . ADOPTED AND APPROVED this 5th of February, 2007. ATTE ST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A. Ell is , City Clerk 8 ee RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPOINTING TOM WINTHROP TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the Keep Englewood Beautiful Commission has been created to advise the C ity Council on all matters pertaining to environmental protection and neighborhood beautification; and WHEREAS, there is a vacancy on the Keep Englewood Beautiful Commission; and WHEREAS, Tom Winthrop has applied to serve as a member of the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Tom Winthrop is hereby appointed to the Keep Englewood Beautiful Commission. Tom Winthrop 's term will be effective immediately and will expire February 1, 2009 . ADOPTED AND APPROVED this 5th of February, 2007 . ATTEST: Olga Wolosyn, Mayor L oucrishia A. Elli s, City C lerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk 8 ff C RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING JESSE WOLFF TO THE FIREFIGHTERS ' PENSION BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Firefighters ' Pension Board has the responsibility for the general supervision, management and control of the "Old Hire Pension Fund"; and WHEREAS, there is a vacancy in the Englewood Firefighters' Pension Board; and WHEREAS, Jesse Wolff has applied to serve as a member of the Englewood Firefighters ' Pension Board; and WHEREAS, the Englewood City Council desires to appoint Jesse Wolff to the Englewood Firefighters' Pension Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Jesse Wolff is hereby appointed to the Englewood Firefighters ' Pension Board. Jesse Wolfrs term will be effective immediately and will expire February 1, 2008 . ADOPTED AND APPROVED this 5th of February, 2007. ATTEST: Olga Wolosyn, M ayor Loucrishia A. E ll is, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007 . Loucrishia A . Ellis, City Clerk 8 gg ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council established the, current Council District boundaries by the passage of Ordinance No . 17 , Series of 2003 ; and WHEREAS , the Englewood City Council hereby affinns that the current Council District boundaries as set by Ordinance No. 17 , Series of 2003 remain the same; and WHEREAS, pursuant to Article m, Section 20, of the Englewood Home Rule Charter, the four Council Districts shall be contiguous and compact and have approximately the same number of registered voters , and every four years Council shall make such divisions , changes, and , consolidations necessary to carry out the intent of Article ill, Section 20 , of the Home Rule Charter; and WHEREAS , the Englewood City Charter requires that the number of registered voters should vary no more than 15 % between the highest and lowest Council Districts; and WHEREAS , the Constitution of the State of Colorado has a population prov ision that case law supports, even though the provision is not made specifically applicable to municipalities ; and WHEREAS, the Constitution of the State of Colorado provision stipulates that the population districts reflect no more than a 5% differential between the most and the least populated district; and WHEREAS , the current reapportionment m eets both the populat ion and registered vo ter criteria; and WHEREAS, the current redistricting meets th e r egistered voter criteria of th e En glewood Home Rule Charter with a 5.35% differential ; and WHEREAS , pursuant to population requirements established by the Constitution of the State of Colorado, Article V , Section 46, the current redistricting meets the population criteria with a 4 .99% differential ; and WHEREAS , the Englewood Horne Rule Charter requires that reapportionment be completed at least six months prior to the general municipal election (November 6, 2007) at which it is to become effective; and WHEREAS , the Englewood Election Conunission is charged with reviewing and recommending reapportionment to City Council ; and .... 9bi WHEREAS , the Englewood Election Commission reviewed the apportionment and recommends the current apportionment remain unchanged. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado, hereby determines that the Englewood Council Districts described in Title l, Chapter 5, Section I , of the Englewood Municipal Code 2000, remain as currently described and amending 1-5-1 (B), to read as follows : 1-5-1: COUNCIL DISTRICTS: A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe. Council District No. 1: Council District No. 1 shall include and be comprised of all that portion of the City lying northerly and westerly of the following described line: Beginning at the intersection of the centerline of West Kenyon Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Kenyon Avenue to the intersection at South Broadway; thence northerly along the centerline of South Broadway to the intersection at East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the centerline of South Downing Street to its intersection with the northerly City Limit line. Council District No. 2 : Council District No. 2 shall include and be comprised of all that portion of the City lying northerly and easterly of the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly C ity Limit line of Englewood; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence northerly along the centerline of South Broadway to the intersection at East Floyd Avenue; thence easterly along the centerline of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the centerline of South Downing Street to its intersection with the northerly City Limit line. Council District No. 3 : Council District No. 3 shall include and be comprised of all that portion of the City bounded by the following described line: Beginning at the intersection of the easterly prolongation of the centerline of East Kenyon Avenue and the easterly City Limit line of Englewood ; thence westerly along said centerline of East Kenyon Avenue to the intersection at South Broadway; thence continuing westerly along the centerline of West Kenyon Avenue to its intersection with the westerly City Limit line of Englewood; thence southwesterly along said westerly City Limit line to its intersection with the c enterline at West Oxford Avenue ; thence easterly along said centerline of West Oxford 2 ( Avenue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the centerline of West Stanford Avenue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Belleview Avenue; thence easterly along the centerline of East Belleview Avenue to its intersection with the City Limit line; thence continuing easterly and northerly along said City Limit line to the intersection with the prolongation of the centerline of East Kenyon Avenue, said point also being the Point of Beginning. Council District No. 4: Council District No. 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line: Beginning at the intersection of the centerline of West Oxford Avenue and the westerly City Limit line of Englewood; thence easterly along said centerline of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the centerline of South Delaware Street to the intersection at West Stanford Avenue; thence easterly along the centerline of West Stanford Avenue to the intersection at South Broadway; thence southerly along the centerline of South Broadway to the intersection at East Belleview A venue; thence easterly along the centerline of East Belleview A venue to its intersection with the City Limit line. B. Equivalent Size. The City Council finds, determines and declares that the four ( 4) districts, as hereinabove established, contain an approximately similar number of citizens as detennined by the 2000 Census figures. The districts contain a similar number of registered voters as detennined by the number of registered voters as of E>eeeMeer 13 , 2QQ2 November l, 2005 , and the variance between the district with the highest number of registered voters and the district with the lowest number of registered voters is not in excess of fifteen percent (15%). C. Annexations . All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City. Section 2 . Safety Clauses . The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and w elfare of the public, and that thi s Ordinance is n ecessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circwnstanccs shall for any reason be adjudged by a court of competent j urisdiction invali d , such judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circwnstanccs . 3 Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full, and passed on first reading on the 8th day of January, 2007. Published as a Bill for an Ordinance on the 12th day of January, 2007. Read by title and passed on final reading on the 5th day of February, 2007 . Published by title as Ordinance No._, Series of 2007, on the 9th day of February, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk L Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _J Series of 2007 . Loucrisbia A Ellis ~ t; ! ... :; t; !!l i i ilili . § \ . City of Englewood, Colorado City Council District Analysis for 2007 Election Cycle Option 1: (Splits Precinct 115 along Kenyon) it 8 Dec. Joor. 0 0.5 1.5 Miles ,...._,...v_ Population Ae.-,..iv-.. ,.._,...on•• °'*1ct (2IIOO c.--i (2111151 P.,.._.C21N1 I 8,107 5,121! 83.16 • 7,770 4,9 17 83.211 II 7.731 • 860 62.116 rv d 1 18 4 ,933 60.77 3 1,727 19,830 Red lndk:alH hlgt.st and lowest flgurn. Population 'k D"""9nce betwNn highest and 1owHt figure• 4.11% 2005 Regi.-1on % Difference betwNn highest and iow.st figure • 5.35% :. ~ s j .. ~t;~~;~t;.: llii!ilij IJiiiMJP I~ City of Englewood, Colorado City Council District Analysis for 2007 Election Cycle Option 2: (Splits Precinct 117 along US Hwy 285) .--;.:'.1 it e Dec.2006 0 0.5 1.5 Miles Re.-,.ct Volar Populalon Ae ... NdVolan Perca ...... ofTCllal llillltcl (2000 C.nanj C2ll5) Populallon C2ll5) I 7,768 4 ,844 62.36 • 8,1 00 5.330 65.80 • ., 74, 4 72J 61 .01 rv 8 ,1 16 4,933 00.77 -·--31 ,727 -----19,630 Red Indicates hlglMsl and lows! flglns. P_.tatlon % Dlffarenee be-highest and I-figure• 4.17% 2005 Reglatratlon % Dlffenlnc:e between highest and '-1 flgllN • 12.15% ( ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 5, 2007 9ci Award contract for design of S. Broadway Medians- Tufts to Belleview Initiated By: Staff Source: Department of Public Works Rick Kahm , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council approved Resolution No. 78, Series 1999, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA). • Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA). • Council approved Resolution No. 79, Series 2003, authorizing the City to apply for Federal funds under the lntermodal Surface Transportation Efficiency Act (ISTEA). • Council approved Resolution No. 77, Series 2005, authorizing the City to apply for Federal funds under the "Safe Ac countable Flexible Efficient Transportation Equ ity Act-Legacy for Users " (SAFETEA-LU ). • Council approved Ordinan ce N o. 20, Se r ies 2006, approving and Intergov ernm en tal Agreement (IGA) w ith COOT. RECOMMENDED ACTION Staff reconunends Council approve a Motion authorizing the Director of Public Works to sip a contract, in the amount of $117,658.00, with Hedrldl & Auociates, UC, for the design of •South Broadway Streetscape: Tufts to lelleview." BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED Englewood first applied to the Denver Regional Council of Governments (DRCOG) for this median enhancement project in 1999. The application requested $600,000 of Federal Transportation Funds for design and construction of raised, landscaped medians on South Broadway, between Tufts and Belleview (Enhancement Projects applied for under the TEA-21 program were limited to $600,000 in federal funds). Council approved resolutions to re-apply for the project in 2002, 2003, 2005, and 2006. DRCOG listed the project as an approved "Enhancement Project" in 2002; however, federal funds were not available through CDOT until FY 2006. ngl wood and COOT approved an IGA covering the financial commitments and conditions related t th d ign nd constru tion of this project in July, 2006. COOT issued Englewood a "Notice to d" with d ign in August, 2006. The IGA approved by Council requires the City use, as a minimum, Federal and State requirements when selecting consultants. Per CDOT requirements, consultants must be retained for design services and to assist with construction administration duties. Selection of the consultant must be based on qualifications, as presented in their proposal and interview. The RFP was properly advertised from September 28th to October 26th and eight firms submitted proposals by the October 26th deadline. The City's selection committee short listed four firms for interviews and selected Hedrick & Associates, LLC to design the project. A final scope of work and design cost estimate was negotiated with Hedrick and has been approved by CDOT. Staff has scheduled a design project meeting with CDOT on February 12 1h. Pending Council's approval of this contract, Hedrick and Associates is ready to proceed with design. Design and CDOT approvals are expected to take approximately five months. We expect to advertise for construction in July or August with construction beginning in September. FINANCIAL IMPACT The total estimated cost for the project is $869,000. Federal participation is $600,000 with Englewood's local match at $269,000. Matching funds, in the amount of $269,000, are budgeted and available in the Public Improvement Fund. LIST OF ATTACHMENTS None PROOF OF PUBLICATION TIE EICLEIIID IEIALD STATE OF COLORADO § COUNTY OF ARAPAHOE I, Christine Moser, do solemnly swear that I am the PresidenVPublisher of TIE EIILEIIII IEIALI and that same is a weekly newspaper pub- lished in the City of Littleton , in the County of Arapahoe , State of Colorado, and has a general circulation therein ; that said news- paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class MaU matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30 , 1923, and entitled "Legal Notices and Advertisements· and other acts relating to the printing and publishing of legal notices and was publ ished in the regular and entire issues of said newspaper, once each week, on the same day of each week, for a period of consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated ~~ ,a.-, 2007. The last publication of said notice was in the issue of said newspaper dated ct-c1..A...U. tt."-1-I d-:: . 2001 . ~ Signature of PresidenVPubl isher Christine Moser Subscribed and sworn to before me , a Notary Public , this ) /{A. day of ~~.~7. ~ ~c;)~ Signature of Notary Public CHERI A.PETERSEN NOTARY PUBLIC , STATE OF COLORADO My Comm,s11on E ,.,,r 1 11l08/2008 PUBLIC NOTICE CITY Of' ENOLeWOOD .,... .. MILIC .... NOliaela._..._. ..... Ctly Counoll .... Cly of ......... . Colorado, -~ • l'uMII: =::.·,:atJ:Q:~ 7:30 p.m ....... .,1lllllldl ~ ............ CMc Cenllr, 1000 ......... tD .... lnpll& ... NIA......_.,..__, .... ............ ,__ .......... .......................... llr .. Cir CIMti llr 1:CIO p.111. 1111 ....._, .. -. .,... ...... .. .......... l'IMc ...... .., .... .. Ctly Clelk'a GIiie, 111.nual ., 3U.711.M07 ....... ... ,.-aw 111M1n••....., ..... .. . ............. . ., --.. .. ... •• Ctly Coallll. L11 ilNIA.Ella,ac Cllr CIMti CIIJ .......... . , .......... ........ Eq1s NII, ~11110 ... ---·-IIIIILlWDOD NIIIAlD • - ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 5, 2007 10 a Denver Seminary Planned Unit Development Amendment 1 Initiated By: Staff Source: Community Development Department Tricia Langon, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered Denver Seminary Planned Unit Development (PUD) Amendment 1 at first reading on January 8, 2007. REQUEST The applicant has submitted an application to amend the Denver Seminary Planned Unit Development (PUD) which City Council approved on September 20, 2004 as Ordinance Number 52, Series of 2004. RECOMMENDED ACTION Staff recommends that Council consider testimony during Public Hearing on Denver Seminary PUD Amendment 1. BACKGROUND Pur suant to D env er Seminary PUD Distri c t Plan Development Standard s, major modifications to the D is tr ict Pl an and/or site plan must b e r eviewe d and approved by the same procedure as th e original p lan s. The refo re a pre-a p p lica tion neighbo rh oo d m ee tin g, City r evie w, and publi c h earin gs b efore the Planning and Zoning Commission and City Counci l are required. The 11 .41 acre Denver Seminary PU D was approved by Council on September 20, 2004 as Ordinance Number 52, Series of 2004, with the following condi tions: 1. Dedica tion of the Sou th University Boulevard con tin uous rig ht turn lane. 2. Construction of the public improvements as proposed an d as a con dition of the PUD approval. Prior to recording any Development Restrictions and Covenant documents, the City shall r iew su h do uments to assure that the documents are consistent wi th the PUD . 4 . Appli nt h II pro id two r ord d c opies of all Development Restrictions and Covenant d um nt to th City. The applicant conducted the pre-submittal neighborhood meeting on proposed PUD amendments and subsequently submitted the Amendment 1 application on October 30, 2006 . City departments and divisions and outside review agenci es reviewed the amendment application . PUD OVERVIEW The applicant proposes no changes to the general character of the development. Key changes to the original PUD proposed in Amendment 1 focus on the following: • Reduction in retail parking ratio, • Alteration in building configurations and thus building envelopes, and • Change in turn-lane configuration to mitigate intersection conflicts. Unless modified through this Amendment 1 application, all conditions and requirements of the original PUD remain in effect. Please see Exhibit B: PUD and Amendment 1 Comparison for side by side comparison of key modifications. Site Plan: The applicant is proposing the site plan amendments to address issues resulting from infrastructure costs of the original PUD design. The need to redesign the site to increase efficiency and mitigate costs, especially of the underground garage structure, prompted the proposed PUD amendments. Permitted Uses: Though no modification to the Table of Allowed Uses is proposed, the following use related amendments are proposed • The maximum amount of retail/office area is reduced from 65,000 square feet to 51,500 square feet. • The first floor of Condominium Tower 2 is now proposed for up to 4,000 square feet of retail space. This 4,000 square feet area is included in the maximum retail/office area calculation. • Buildings A & B are proposed to be replaced with 4 "rowhouse" structures that have on - grade parking for each unit. Residential Density : Th e proposed number of residential units remains the same at 350 units and th e resi d entia l d e nsi ty remai ns at o f 30.6 7 units per ac re. Phasing: The development is an t icipat ed to be done in two phases of 12 to 24 mont hs each wi t h and completion of the project by the end of 2011. Setbacks : A se t back is the minimum dis tance a st ruc t ure must be located from a property line. The south se tback remains unchanged. • • Minimum west setback is increased from 3'6" t o 6 '6" . M inimum eas t se tback is reduced from 27'5" to 24'6" in order to accommodat e increased roa d width. Minimum north tba ck is increased from 22'2" to 26'2" 2 ( Building Envelope: A building nv lope establishe s the limits to the area in which structural developm nt may o ur. t b li shm nt of the envelope does not mean that all buildings will fill the enve lope, nly th at th tru tur must be co ntained within the envelope area. Though Am ndm nt 1 r d sign th si te plan and the individual building envelopes are altered, it maintain th g n ral lo ati o n and layou t of the buildings. The proposed orientation of Condominium Tow r , nd 4 have been altered resulting in building envelope modifications. Under Am ndm nt 1, th townhouses adjacent to the north property line are removed and the Tow r building ar • t nd d to th e north. Building Height : All building h ights in Amendment 1 are based on United States Geological Surv y ( ) I atlon and are summarized on PUD-3 . Unless specified, building height is inclusiv and all p rtions f th e building and its projections must be contained within the stated height limit. Th prop d building heights are the same or less than those approved in the original PUD. Th ugh o ndo T wer 2 is listed at 150 feet above grade its overall height is the same as Building E in th o ri gina l Planned Unit Development; the first floors are at the same elevation, but the fir t fl o r Is f t ab ve grade at this location . · • • • • • landKaplng : Th app li ca nt is proposing a 26% decrease in the amount of landscaped area from th rlglnal P D . However the proposed amended area (146,037 square feet) is greater than the minimum ar a th at would be required for a standard multi-unit residential zone development. Th >ugh th ar i r duced, the number of trees and shrubs remains as approved in the original P , whi h in r a th e density of plantings. Though the landscaped area is reduced, staff 111 p rl the r du ti on since it provi des better circulation and emergency access, wider streets, rnorl' ur a e parking, and greater setbacks of Towers 3 and 4 to adjacent properties to the north . Fen Ing and Signage : No fencing or signage amendments are proposed . Parking · Th ri •inal PU ;:-' provided 462 spaces for retail use which equates to 7.1 spaces per 1,< ) q uMe f t of retail area based on 65,000 square feet of retail area. The PUD Amendment r t•<hr l' th r tail space to 51,500 square feet and proposes 206 retail spaces, or 4 spaces per 1,( c Cl i, 1u ar f t of retail area . This ratio is greater than the City 's minimum parking standard for rt •t.1 I .u,d ffi use of 3.3 spaces per 1,000 square feet of gross leasable area . The proposed ratio 1., om < ral I t o th e Urban Land Institute and National Parking Association re co mm endation of 4 to 4 . 5 .. pa p r 1,000 square feet for retail use. 1 lw origi nal PUD proposed 832 resident/guest parking spaces based on th e maximum 350 unit (.! 4 I a p r unit). Amendment 1 proposes 789 resi den t/gues t parking sp es for th m nu111l •r ( f ma imum units (2 .2 spaces per unit). Staff believes that an adequate number of residential and retail p arkin g spaces are p ro vid ed in th e PUD. The PUD also provides bicycle parking per City standard s for th e mid an d high -rise buildin gs. Shadow: Due to the reconfiguration of Condom inium Towers 3 and 4 's buildin g env elo p e, th e shading effect on East Floyd Place is expected to create deeper shadow for sh o rt er peri o d of the day. The exact shadow will not be determined until the final building design is submitted. The northern extension of Tower 4 will not exceed 155 feet. Traffic: As part of the proposed site plan amendments the internal road width has been widen ed to 26 feet. This will provide improved traffic circulation and emergency vehicle ac c ess. As part of Amendment 1, the applicant submitted an updated traffic analysis by Fox Higgins Transportation Group, LLC. The analysis recommends that University/Hampden intersection would be better served by maximizing the length of a single left turn lane on southbound South University Boulevard rather than providing dual left turn lanes . The analysis states : " ... that any potential capacity benefit from a dual southbound left-turn lane would be offset by adverse negative effects, including conflicting left-turn paths, narrow lane widths, and offset through-lane alignments." This finding was presented to the Colorado Department of Transportation; Region 6 Traffic provided conceptual support for the intersection amendment. Amendment 1 also proposes extending the acceleration lane from the westbound exit of the site onto East Hampden Avenue. The signalized intersection at the South University Boulevard entrance to the site and the continuous right turn lane from University to westbound Hampden remain un c hanged. Drainage: A Preliminary Drainage Study prepared by MB Consulting, Inc. was submitted and reviewed by th e Public Works Department. The system is proposed to drain to underground detention locat ed to the north of the site (under the proposed roadway and landscape buffer) and will tie to t, ex isting system in South University Boulevard per the original PUD. SUMMARY: D enver Seminary Amendment 1 proposes multiple, interconnected amendments whi ch fin e-tun e the o riginal PUD. Community Development feels Amendm ent 1 presents an improve d deve lo pm ent for the c ommunity. The original Denver Seminary Staff Report stated the goa l of a PU D "s h o uld b e to ensur e a deve lo pm ent that mitigates issu es, integrates effe c ti ve ly, and estab lis h es a new stand ard fo r futur e deve lo pm ent in th e City." Th e p ro posed changes of Amendment 1 accom pl is h th is same goal. PLANNED UNIT DEVELO PM ENT CONS ID ERATIO NS Amendments to the Denver Seminary Planned Unit Development are addressed under the same procedure as the original PUD applica tion. Ther fore th Commission must det rmine if the modifications proposed in Amendment 1 mee t Distri t Plan and Si t Plan rit ria as established in th e PUD Ordinance. Consideration at this time ism de nly to th modifi ti n addr d in Am endment 1. 4 I PUD District Plan The District Plan sets forth the zoning regulations under which the proposed amendments will occur. 1. The PUD District Plan is, or is not, in conformance with the District Plan requirements and the Comprehensive Plan . Amendment 1 is in conformance with the applicable requirements for the general location, arrangement, extent and character of the development. The proposed amendments do not alter the Comprehensive Plan objectives for housing, cultural arts and business and employment identified in the original PUD. 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning Amendment 1 have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The Amendment 1 District Plan remains consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. Amendment 1 is in conformance with all other ordinances, laws and requirements of the City. 5. When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area, the Plan is consistent with the EDDA approved designs , policies and plans . Not applicable. PU D Site Plan The Site Plan sets forth the site planning and design parameters under which the proposed amendmen ts wi ll occur. The PUD Site Plan is, or is not, in conformance with the District Plan requirements. Amendment 1 es tab li shes the arrangement, orien tati on, location, and th e building envelopes on th e site which are in conformance with th e District Plan . 2. All required docum nts, drawings, refi rrals, recommendations, and approvals have been r ceiv d. All requir d it pl n m teri Is hav b en r ived and approved. 3 . The PUD Site Plan is consistent with adopted and generally accepted standa rds of development of the City of Englewood. Amendment 1 is consistent with development standards set forth in th e District Plan . The Development Review Team reviewed the site plan and determined that th e proposal meets established City development standards. 4 . The PUD Site Plan is substantially consistent with the goals, objectives and poli ie s and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan presented in Amendment 1 is in conform ance with all o th er ordinances, laws and requirements of the City. LIST OF ATTACHMENTS Exhibit B: PUD and Amendment 1 Comparison Bill for Ordinance Exhibit A: Denver Seminary Planned Unit Development Amendm ent 1 6 ,. PUD and AMENDMENT 1 COMPARISON Exhibit B ORIGINAL PUD PUD AMENDMENT 1 SITE DATA Site area : 497,011 sf 497 ,011 sf Residential uses : 800,000 sf-(saleable) 800 ,000 sf -(saleable) Commercial Uses : 65 ,000 sf (saleable) 51,500 sf -(saleable) Clubhouse 25,0 00 sf incorporated into tower area Townhouse garage 95,993 sf 36,010 sf Condominium Garage 290 ,466 sf 276,840 sf Retail Garage 151,096 sf 44,027 sf Landscape/ Open Space 198,370 sf 152,267 sf ROW Landscape 7,814 sf 6,230 sf LAND USE SUMMARY Max Residential Units 350 350 Max Area 800,000 sf 800,000 sf 30 .67 units/acre 30 .67 units/acre MAX FOOTPRINT AREA % % Residential 159,408 sf 32 158,150 sf 31 .8 Retail / Office 38,386 sf 8 42 ,750 sf 8 .5 Roadway 88 ,626 sf 18 137,914 sf 27.7 Open Space 198,370 sf 40 152,267 sf 30.6 Common Building 8,370 sf 1.4 Included in building 0 Deeded ROW 2 ,851 sf 0 .6 6 ,230 sf 1.3 BUILDING HEIGHT SUMMARY BUILDING ENVELOPE AREA (SF) HT (ft) BUILDING ENVELOPE AREA (SF) HT (ft) Residential Building 1 7 ,093 46 Townhouse Bldg 1 7,350 46 Residential Building 2 3,751 46 Townhouse Bldg 2 15 ,800 46 Residential Building 3 13,417 46 Townhouse Bldg 3 17 ,550 46 Residential Building 4 14 ,291 46 Rowhouse Bldg 1 10,200 44 Residential Building 5 14 ,471 46 Rowhouse Bldg 2 6,350 44 Residential Building 6 17,918 46 Rowhouse Bldg 3 5 ,150 42 Residential Building 7 9 ,170 46 Rowhouse Bldg 4 8 ,100 43 Rowhouse Bldg 5 8,800 42 Residential Building A 11 ,340 109.5 NA Residential Building B 19,080 98 NA Residential Building C 23,760 •• 179 Condo Tower 4 48,650 •• 179 Residential Building D 25,117' 121 Condo Tower 1 32,200· 121 Residential Building E • included in tower D 144 Condo Tower 2 • included in tower 1 150 Residential Building F •• included in tower C 167 Condo Tower 3 •• included in tower 4 165 Retail / Office Building 35 ,2 16 57 Retai l Bldg 1 8,000 43 Retail Pad 4 ,170 45 Reta il Bldg 2 19,500 41 Retail /Office Bldg 3 15,250 41 Cl ubhouse/ Commons 8 ,370 60 NA PARKING SUMMARY Surface Guest Parking 7' X 20' 54 Surface Guest Parking 7' X 20' 47 Surface Retail Parking 60 degree 57 Surface Retail Parking 60 degree 98 Retail Garage Parking 90 degree 405 Retail Garage Parking 90 degree 108 Townhouse Parking Private Garages (45 units) 143 Townhouse/Rowhouse Private Garages (52 units) 119 Condo Garage Parking 90 degree 635 Condo Garage Parking 90 degree 188 Condo Phase 2• 90 degree 435 total 1294 total 995 • to be determined LANDSCAPE AREA Planter Buffer Zone 1 39,682 Planter Buffer Zone 1 30 ,552 Entry Zone 8 ,173 Entry Zone 10 ,864 Interior Landscape 76,423 Interior Landscape 57 ,676 Hardscape 28 ,335 Hardscape 31 ,287 Private Terraces 37 ,943 Private Terraces 9 ,428 ROW Landscaoe 7,814 ROW Landscaoe 6 ,230 Tot I 198,370 146 ,037 ( BY AUTHORITY ORDINANCE NO. SERIES OF 2007 COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING THE DENVER SEMINARY PLANNED UNJT DEVELOPMENT (PUD) AM:ENDMENT NO . 1. WHEREAS, the Englewood City Council approved the Denver Seminary Planned Unit Development with the passage of Ordinance No. 52, Series of 2004; and WHEREAS, Continuum Cherry Hills Land Company, LLC filed an application for an amendment to the 2004 Planned Unit Development; and WHEREAS, this Amendment No. 1, proposes no changes to the general character of the development of for-sale residential and limited retail uses; and WHEREAS, the key changes to the original PUD as proposed are: • Reduction in retaiVcommercial space, • Reduction in retail parking ratio; • The alteration in building configurations and thus building envelopes ; • Replacement of two mid-rise towers with row house-style development; • Inclusion of a fine-dining restaurant • Changes in the tum-lane configuration to mitigate intersection conflicts ; and WHEREAS, pursuant to E.M.C. 16-4-15(7)(2), major modifications to a P .U .D . District Plan must be approved pursuant to the same limitations and requirements by which such Plan was originally approved ; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on December 5, 2006 , reviewed the Amendment of the Planned Unit Development and recommended approval of this D enver Seminary Planned Unit Development Amendment No . 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council has reviewed the Amendment No. 1 to the Denver Seminary Planned Unit Development and pursuant to 16-4-15(1)(2) E.M .C. finds that the P.U.D . amendment is in conformance with the approved Planned Unit Developmen t requ irements. Section 2 . The Englewood City Counci l finds that all required documents, drawings, referrals, recommendations and approvals have been received . Section 3 . The Englewood City Council finds that the amended P .U.D . site plan is consistent with adopted and generally accepted standards of development within the City. Section 4 . The amended P .U .D . site plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City . Section 5. The City Council of the City of Englewood, Colorado hereby approves Amendment No . 1 to the Planned Unit Development for the Denver Seminary, attached hereto as Exhibit A. Section 6. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter,. the City Council has determined that Exhibit A, attached to this Ordinance shall not be published because of its size. A copy of Exhibit A, is available in the Office of the Englewood City Clerk. Introduced, read in full, and passed on first reading on the 8th day of January, 2007 . Published as a Bill for an Ordinance on the 12th day of January, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 2007 . Loucrishia A. Ellis City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: February 5, 2007 Public Hearing to gather input on Council Bill No. 5, authorizing the Denver Seminary Planned Unit Development Amendment 1 PLEASE P INT CV C ADDRESS i I., ~c,;.~>4-r:1~ •• M ~,,Th 5;~ ~- . ' 1, C . I / / (.. '.:..1(_},1 -~ ~,F E, /:,:,. ,,. ?'/) /.::::JL ,,,,/ c........: < 11"'11,· :' )..,. , u .'ih c.. l<u.....y 2./L $' ~ Flo ·r~-' t 'L f4d--· fl(t(' Message Lou Ellis From: Sent: To: Tricia Langon Tuesday, February 06 , 2007 10 :00 AM Lou Ellis Subject: RE : public hearing names Oops!! Steve Silson should be WILSON this keyboard jsut cant type this morning! -----Original Message----- From: Lou Ellis Sent: Tuesday, February 06, 2007 9:58 AM To: Tricia Langon Subject: RE: public hearing names -( _( )7 Thank you , thank you! -----Original Message----- From: Tricia Langon Sent: Tuesday, February 06, 2007 9:50 AM To: Lou Ellis Subject: public hearing names Lou, Here are some -maybe all -of the names mentioned last night Continuum Partners Kevin Foltz Justine Willman Tom Gougeon _ L \ Rob Straka O IA)f.N J imHartm~ Dav id Qwfi"Tryba · Dean Foreman Jeremy Bieker MB Consulting Dave 93.nter Steve ¥9 ilson Fox-Higgins Consulting Steve Tuttle Tricia Langon. Senior Planner Community Development City of Englewood 1000 Englewood Parkway Englewood , Colorado 80110 303 -762 -2348 tlangon@englewoodgov .org Page I of 2 PUD Amendment Per original OS PUD Standards major modifications to the District Plan and site plan amendments may only be made pursuant to the same procedures as the original plans were approved. Therefore a pre-application neighborhood meeting, Oct-1 2-06 City review ORT Outside agencies public hearings before the P&Z Dec 5, 2006 and City Council are required . Amendment 1 Overview C....l'l ,.__ ,~-.. J...• .. The applicant has a presentation and will address the proposed cRar,ge, to tlu1 git@ f'lan The applicant proposes no changes to the general character of the development. STILL: For-sale residential with retail component No changes to the allowed uses No changes to building height, signage, fencing, density What is proposed in Amendment 1: Alteration in building configurations >. ~ the Layout of the development 1 "'-A '-r -"'"' • o building envelopes o landscaping o setbacks o phasing Redu c tion in ret ail sp ace • Red u c ti on in ret ai l pa rk i n g ra t io • Change in turn-lane configuration at Hampden & University to mitigate intersection conflicts. .... \ ' . " Community Deve lopmen t Recommends approval of OS PUD Amendment 1 Wort hy of considera t ion & support Improved layout that function within the in t ent of t he original rezoning. Improved traffic Posi t ive economic benefit to city Housing c hoices Qualit produ t • • For your consideration Council Bill No. 5 Bill for Ordinance authorizing the Denver Seminary Planned Unit Development Amendment No 1. Request by A~!iliea~t. Continuum Partners, LLC who purchased the si.!)~n 2005 To Amend OS PUD~by Ordinance# 52, Series of 2004 Have Submitted for the record Proof of notification of Public Hearing 1. Proof of Publication Englewood Herald Jan 12, 2007 2. Certificate of Posting 4 signs posted since Jan 21, 2007 .i@@8~WOPdztigw • fa t atd rec6Uim'e11datio1r. Hearing tonight to Consider Public Testimony on the proposed AMENDMENT4' /.J ... I ;. The original PUD rezoned the site to permit the proposed development ;. The original PUD remains in effect unless modified by Amendment 1 ;,. Request to Amend specific aspects of the original PUD ;,. Issues considereg_ tonight are address only the proposed amendments, not the zoning ;,. Arrangements with outside groups = civil matters are not part of this Amendment 1 ;,. .2.Elf1t1i1ernents a.f other age"cies er jt1ris~ictieff5 aF@ A~t r•utFt gf tRi, Aweo0ffl~1,t i- ;,. Comments submitted by Arapahoe County pertain to the preliminary submittal; not the final submittal before you tonight ;. Staff believes outside comments have been addressed in the final submittal or fall outside the realm of this amendment process. ;,. Staff present overview and address procedure ,,. i n and t eam will present and address technical issues m K ent Place ( II\ ( , 'lllll ii l'il'"l'Tll.llt• •II I l b111,11 \ "\ ~I ~11 CON I I N l Jl J M OAYIO OWEN T fnaA A "-C H l l(ClS ' ) h L . I d \\t'I 1·.11~111~ I I ••••••••• e t 11 0 .. ' ., ) 111 ., l. ) 15 ) • ) ) ) ) ) hhib,t ,\ SEMINARY PLANNED UNIT DEVELOPMENT (DISTRICT PLAN) AMENDMENT 1 ENGLEWOOD, COLORADO BACKGROUND THE SUBJECT PROPERTY 15 AN 11.4 1 ACRE SITE AT THE NORTHWEST CORNER or THE INTERSECTION or EAST HAMPDEN A\/ENUE ANO SOUTH UNIVERSITY BOULEVARD . THE SlTE HAS BEEN 0,,_,.ED ANO UTILIZED rOR MORE THAN 40 YEA.RS BY lHE OEN"vt:R SEM IN ARY. THE DENVER SEMINARY HAS OUTGROWN THE CAMPUS ANO HAS RELOCA TEO TO A NEW SITE . THE SlTE WAS ZONED R-J HIGH-DENSlTY RESlOENCE OlSTRICT AT THE TIME THE ORIGINAL PLANNED UNIT DMLOPMENT APPLICATION WAS SUBM ITTED . THE SlTE IS CUR RENTLY ZONED DENVER SEMINARY PUO , APPROVED ON SEPTEMBER 20 2004 ORDINANCE NUMBER 52, SERIES or 2004. ARCHIJECTIJRAL CHARACTER IT IS THE INTENT OF THIS DEVELOPMENT TO ATTRACT SOPH ISTIC A TEO , OISCRIMINA TING HOM EOWNERS TO AN URBAN YET IN TIM A TEL Y SCALED MIXED-USE VlLLAGE or VA RIOUS SlZE O BUILDINGS CllEATINC A PEDESTRIAN ORIENTED EUROPEAN ATMOSPHERE . BY STRATEGICALL Y PLANNING • MIXTURE or VARIOUS SlZEO CONDOMINIUM BUILDINGS IN THE CENTER or THE ELEVEN ACRE S,TE TO CAIN DRAIIATIC VIEWS TO THE SURROUNDING IIOUNTAINS AND NEARBY DOWNTOWN , THEN SURROUNDING THEM 111TH A NARROW GATED PRI VATE ACCESS ROAD . ANO US.NG THE PERIMETER OF TH E 5'TE TO POSITION LOWER SCALED TOWNHOUSES. A VARIETY OF INTIMATEL Y SCALED PEDESTR IAN ENVlRONMENTS WILL BE CREATE D. PLACED PROMINENTL Y AT THE CORNER OF UNIVERSITY BOULE VARD ANO HAIIPDEN AVENUE , AN APPROPRIATELY SCALED CROUP OF 1 ANO 2 STORY RETAIL BU ILDINGS SERVED BY HEAD-IN PARK ING, WILL SHIELD THE BUSY INTERSECTION ANO OEFlNE A QUIET. PEDESTRIAN ORIENTED STREE T REMINISCEN T or • EUROPEAN VlLLACE . • VARIETY or SMALL RETAIL SHOP S, SERVlCES AND DINING ESTAl!LISHIIENTS (SEE ALLOWED USE TABLE BELOW) TARGETED PR IMARIL Y TO THE RESI DENTS or THE PRO..ECT "1LL JOIN A SMALL BANK (NON DR IVE-THROUGH ) ANO FINANCIAL OFFICES TO MAKE UP THE Vll.LAGE "STREET"'. CRITICALLY IMPORTANT TO OEFlNE THE ATIMOSPHERE or THE DEVELOPMENT , ONLY APPROPR IATE HIGH QUALITY MATERIALS WILL BE USED IN ALL THE BUI LDINGS . THE PRIMARILY STUCCO BU ILDINGS WILL BE BLENDED WITH MASONRY ACCENTS , ATTRACTIVE LICHT FIXTURES , THOUGHTFULLY SHIELDED TO MINIMIZE ILLUMINATION IMPACT ON SURROUND ING NEIGHBORHOODS WILL HELP CREATE THE PEDESTR IAN FEEL ALONG GARDENS ANO OPEN SPACES ACCESSED BY PAVED WALKWAYS TO BE EXPERIENCED BY THE HOMEOWN ERS . THE INDIVIDUAL UNITS WILL BE LARGE ANO AIRY ANO AS OPEN TO Vl[WS AS POS5'BL£ WITH EXPANSIVE "1NOOWS TO CONTRAST THE STU CCO EXTERIORS . STEEPLY SLOPING ROOFS 111TH PRO..E CTING CORN ICES "1LL COM PLEMENT THE EUROPEA N FEEL TO THE ARCHITECTIURE TAKING CLUES FROM THE UNIVERSITY or DENVER AND NEARBY RESIDENTIAL COM MUNITIES . THE SPEC IFIC DESIGN . MATERIALS, AND COLORS TO BE INCORPORA TEO IN THE BUILDINGS WILL NOT BE OETIERMINEO UN TIL DETAILED ARCHITECTURAL ORA"1NGS HAVE BEEN PREPARED . THE PREPARATION OF SUCH DETAILED ARCH ITECTURAL ORA"1NCS IS AN EXPENSIVE AND TIM E-CONSUM ING PROCESS THAT IS NOT LIKELY TO BE UNDE RTAKEN UNTIL THE PROPOSED PUO AMENDMENTS HAVE BEEN FINALLY APPROVED BY THE CITY . APPL ICANT SHALL SUBMIT SPECIFIC DESIGN ELEVATIOIIS . U ST OF PR IM AR Y MATERIALS ANO A COLOR BOARIO FOR THE EXTERIO R or THE BUILD INGS AT LEAST JO DAYS PR IOR TO THE ISSUANCE OF THE FIRST BU ILDING PERM IT FOR THE PROJECT. CONSTRUCTION SCHEDULE THE FIRS T PHASE WILL INCLUDE I OR MORE RETAIL BUILDINGS. UP TO 2 RES IDENTIAL rbWERS , I OR MORE RESIDENTIAL 'ROW HOUSES ' AND STRUCTLREO ANO SURFACE PARKING TO SE,·VE 11;£M WHILE MA INTA INING ACCESS AN O USE or THE EX ISTING AUDITOR IUM BUILOlNC SUBSE O< ii:NT PHASES WILL DEMOLISH THE REMA INING EXISTING BUI LD INGS AND COMPLETE TH E RET AIL BUILDI NGS ANO I OR MORE 'ROW HOUSE ' AN O 'TOWN HOUSE ' CONDOM INIUM BUILDING S AS WE LL AS THE REMAINING TOWERS ANO AOOITlONAL PARK ING TO SERVE THEM . IT IS AN TI OPATEO TH AT PHASE I CONSTRUCTION MA Y COMMENCE AS EARLY AS MARC H 2007 ANO THAT COMPLE TI ON OF ALL PHASES OF TH £ PROJECT ARE EXPECTED TO OCCUR NO LATER THAN DECEMBER J I, 20 11 . PUP DEVELOPMENT SUMMARY THE APPL IC ANT PROP OSES TO DEVELOP UP TO 350 RES IDEN TI AL UNITS ANO UP TO 51 ,SOO SQU ARE FlEET OF RETAIL /OFFICE SPACE . THE RE1'1 L/OFF1C E COM PONENT IS PROPOSED FOR THE SOUTHEAST CORNER OF THE PROPERTY WITH ALL PARK ING LOCATE D EITH ER IN A DED ICATED STR UCT\J RED GARAGE OR IN DIAGONAL HEAD-IN SURFACE PAR KING SPACES THE RE TAIL/OFFICE BUILDINGS WI LL SCREEN THE SURFACE PARKING AREAS . THE RESIDENTI AL UNITS Will CONSIST OF LIM ITED HEIGHT RESIDENTIAL BU ILD INGS (TOWN HOUSES ) ALONG THE NORTHEAS T ANO WESTERN BOUNDARIES or THE PR OPERTY AS M'.LL AS ROWH OUSE ST YL E CONDOMINIU M UNITS IN "ULTI -STORY BUILDI NGS LOCATED IN THE IN TERIOR OF 11;£ PROPERTY. TH E "ULTI-STOR Y BU ILDINGS ANO 'ROW HOUSES' WI LL SURR OU ND A LARGE LAND SC APE ELE .. ENT IN THE CENTER or THE SITIE . EXCEPT FOR LI MITIED \IISIT OR PARKING, ALL RE5'DENTIAL PARK ING WILL BE PR O\IIOEO BELOW STREE T LEVEL. OR AT PR IVATE GARAGES. METROPOLITAN PISJBICT SUMMARY PUP DISTRICT PLAN-DEVELOPMENT STANDARDS A GEN ERA RE GULATIONS. UNLESS OTHER"1SE PROVIDED FOR IN Tl1 1S PUO OR AN AMENO .. ENT THERETO, Tl1E PRQV,S IONS , STANDAR DS, REGUL A TlONS , ANO PR OCEDU RES PER TINENT TO AN APPLICATION FOR THE DEVELOPMENT or LANO WITH IN TH IS PUO ZONE DI STRICT SHAU. COMPLY "1 Tl1 THE REQUIREMENTS or THE MU-R-J -8 ZONE DISTRICT or THE CITY OF ENGLEWOOD AN D RELATIEO ZONING REGULATIONS IN PLACE AT THE TI ME SUCH APPLICATION IS FILED 111 TH THE CITY B PERM ITTIEO PRINCIPAL USES Tl1E TABLE 8EL0"' SHALL CONTROL THE USES WITH N THE PUD ZONE DISTRICT A •p • IN THE CELL FOLL0"1NC THE USE TYPE INOlCATES THAT THE USE TYPE IS PER MJTT£0 BY RIG><T IN THE DENVER SE WINAR Y PUO ZONE DISTRICT A BLAN K CELL INDIC ATIES Tl1 AT l><[ USE TYPE IS PROH 1BITEO IN TH[ PUO UNLESS OTHE RWISE PAOll1()EO , THC FOU.01MNC USC CATIEGOIIIES ANO TYPES SHA U. HA\/C THE SAME M[ANJNGS AS SUCN CA.T(G()R"'f' ANO use T(,tt.t S l 'f' Tl-I( SAM ( MMiitE S COHTAJNCO IN TIT\.£ ,. Cl TH( (~CLE MUNIOPAL COOE P[R,.ITT£0 U S ARC SUII.CC T TO All Oll1ER APP LIC ABLE RIEGULA TlONS or TITLE ti -UNlfltO DEVELOPIICNT CODE IPYP mreex '!MP DN CJ 64:QIIP YIP U11 CA~ UII TIPC ------ "llllll!' gtOv• Ll vtJrr,,10 RCTAIL SAL!S ANO SER'ftCE -I (PERSONAL SERV,CE) SCHOOL S 0 VEHICLE ANO EQUIPMENT WASlt/SALV AC[ -P -, J -, & WHIP AN TENNA} ING usl I Y \IISl!Nf TolltJibb1iAI. AA'[A • • • -. • p • • • • • -~ uia-----·-----------------------------~~ NT XI TIN C. UNU S TED USE PROCED URES FOR APPROVAL or USES NOT USTEO IN TI1E A80V( TASLE Of ALLO'll£0 USES ~AU O. ~J ~~~~ :;-.~~~o's6 PROVlSIONS FOR UN LI STED USES . THE DE\J'El.OPMENT WILL 8( IMPLEMENTED AS A MIX ED-USE VILLAGE INCORPORATING RETAIL OfF'IC[ (COMMERCl•L) •NO RESIDENTIAL TYPE USES . 1. MAXIMUM BU IL DING HEIGHT: SEE P\J0-3 FOR BU ILDING HEIGHT SUMMAR Y. 2.BULK PLANE : FOR RE5'0 ENTIAL UNITS ON THE , SOUT •NO WEST EDGES OF THE SlTE , EXCEPT TO THE LIIIIT(O EXTENT SHOWN IN THE BULK PLANE OIACRAWS ON PUO-J, NO POR TION OF THE BU ILDINGS SH ALL EXTEND BE YOND AN Y APPUC•BLE BUUK PLANES: SEE PUO-J <OR APPLICAB LE BULK Pl.ANES . J .MA XJ MUM RESIDEN TI AL UNITS : 35 0 4 ~~~~~~"' 5:~L s~:~Yf~fE J.CE~~:~-::-> T~f~L ~~~ s~~B~~\~A~~~Lr:t~ 0 ~EA SHALL NOT EXCEED 17,000 SQUARE <EE T, EX CLUSIVE or OFFICE SPACE ESTAB LI SHED WI TH IN AN Y RE TAIL SP •CES •NO RELATED TO THE MANAGEMEN T OF SUC H RE TAIL OPERATION . ~.P ARK ING, S[E PUO-7 ANO PUD-8 PARKING PLAN FOR DE TAI L. 6.SICNACE : SEE PUD-11 : PROP OSED 5'GNACE / FENC ING PLA N FOR DETAIL. HENCES •ND WALLS. SEE PU0-11 : PROPOSED SICNAGE / FENCI NG PLAN FOR DETAIL. 8.LANOSCAP INC: SEE PU0-10: PROPOSE D LANDSCAPING PLAN FOR DE TAIL. DEVE LOPER TO PROVl OE LANDSC•PE DESIGN PLANS FOR ARE• ADJACENT TO WEST PROPER TY UNE TO KENT ~~~c::.~S0CIATION ANO RE CEIVE COMMEN TS (NOT APPROVAL) FROM KEN T VlLLAGE E. MOOI FlC A TI ONS : THE FOLLO .. NC MOOI FlC ATI ON PROCEDURES ARE CONSISTENT 111TH PUO MODI FICATION PROCE DU RES ruB~~ci6 ZONING REGULATIONS (AS MOO!FIED BELOW), UNDER WHICH THE PUO APP LIC ATION WAS 1. DISTRI CT PLAN . TH E T(RMS, CONOlTION S, THE AOoPTIE D PUD DISTRI CT PL•N ANO OOC U .. ENTS MA Y BE CHANGED ANO/OR AMENDED IN WHOLE OR IN PART AS FOLLOWS : a MINOR M001ntATI0NS TO TH E PUO 01STRICT Pl.AN : TH[ CITY MANAGER OR OESIGNEE MA.Y APPA O'vt: i..lNOR t.t OOIFlC •TIONS IN THE LOC ATION . SIZING ANO HEIGHT Of' STRU CTU RES OR F'ACI LI TIES [F AEOUIAEO BY ENGINEERING OR OTH ER CIRCUMS TAN CES NOT F'OA(SEEN AT THE TIME THE PLANN(O UN IT DE'vt:LOPMENT OtSTR ICT PLAN WAS APPROVED SO LONG A.S NO MOO IF"lC A. TI ON VIOLATES ANY STAND ARD OR RE GUL ATION SE T F'ORTH IN SE CTI ON 1&-4-1~ -ZON ING REGULATIONS b MA JOR i..001f'IC ATI ONS TO THE PUD DISTR ICT PLAN MAJOR MOOIF!C ATt ONS MA Y BE MADE TO TH E APPROVED PLANNED UNIT DEVELOPMENT DISTRI CT PLAN PURSUA NT TO TH E SAME LI MITA TION S •NO RE QUIREMEN TS BY WH ICH SUCH PLANS AN O OOCUM EN TS WERE ORIGINALLY APPR OVE . 2. SITE PLAN a . MIN OR MOOiFlC•TIONS TO PUC SITE PLAN TH E CITY TH ROUGH TH E DEVELOP MENT RE VIEW T(AM WA.Y AUTHORIZE MlNOR DE VI ATION S FRO... THE PUC SITE PL~ WHE N SUC M DEVIA TI ONS APPEAR NECESSARY IN LIGHT Of TECHNICAL OR ENGINEER INC CONSIOE RA TIO NS. MINOR 0£VI ATI0NS SHAU NOT BE PERM1TT[0 IF' A.N Y Of TM£ FOLLOYIINC CIRCU~STAN CES RE SU LT 1) A CHA.NG£ IN TI1 E CHARACT£R OF THE DEVE LOPMENT ; OR 2l A CHANCE IN TH E PERM ITTE D LANO USES: OR J A CH.ANGE IN TH ( C[NERA L LOC A.TI ON OF LANO USES , OR 4 AN INCREASE IN THE MAXIMUM HE1CHT OF A.NY BUILDIN C Of' MORE Tl-lAN FI\JE PER CENT (~X) EXCEP T THAT F'OR BUILOI NC:S GREATER THAN 100 FEET IN HE IGi-i T, SUCH INCREASE SHALL NO T EXCEED TWO PER CENT (2"); OR ~, ":R~~C~A~mtcW~~u ~iE~E°i~~L~~;, U~T~Nc:~~;1~ R~~0ProPI:1si oCR~i~;lr~ AREA WITH IN •NY PAR TI CULAR LAN O USE OF MORE THAN TWO PER CEN T (2ll). OR 6 ) A REDU CTION IN THE SETBACKS FllOM PRoPERTY LI NES: OR 7) A~~~~~A:AR~N ~~~ TH AN TWO PERCENT (2") IN GROU ND COVE RAGE BY STR UC TURES OR 8) \:!g~g:c~Yc:QRE THAN TWO PERCE NT (2ll) IN TH E L•NO AREA OESICNA TEO FOR 9) ".:f~U&i'c::'u.:!'&ii'~R~:~GOFJN~~~~E~;~:i?EtN~LO ADINC SPACE TO GR OSS FLOOR t O) -..g:~~. ~:Tc~~B T:tf~li~r .. ~DSH~~°;j';i'.;:;su~~C~lr.~ Y ~S~:;~,;.~i\ll~~O, THE Ot STRJCT PLAN . o SITE PLAN AMENDMEN TS : AL PU O SITE PLANS APPR OVED AND RECORDE D "AY ONL Y BE AMENDED PU RSU ANT TO THE SAME PROCED URE ANO SUB..ECT TO THE SAME LIM ITATION S ANO RE OUIREM(NTS QY 'M-IICH SU CH PLA NS WERE APPC:t O\IEO 19. ALL ENCINEERINC,OE5'CN ,MATERIALS ANO CONSTRUCTION PROCEDURES UTILIZED IN THE PREPARATION OF THE UTILITY PLANS SHALL ADHERE TO THE CITY'S WATER ANO WASTEWATER SPE0F1CATl0NS ANO OTH ER CITY RULES ANO REGULATIONS. 20. THE CITY SHALL HAVE THE PERPETUAL RIGHT FOR IIAINTENANCE REPAIR ANO /OR REPLA CEMENT or THE CITY'S PUBLIC UTI LITIES IN SAID EASEMEN T ANO THE RIGHT TO REMOVE ANY SURFACE OBSTRUCTION INTERFERING "11'H SUCM REPAIR "AINTENANCE OR REPLACEMENT. RESTORATION / REPLACEWENT or THE SURFACE SHALL BE l><E SOLE RESPONSIBILITY or THE PROPERTY OWNERS. 21. NO PERWANENT STRUCTURES SHAU. BE ERECTED UPON THE EASEIIENT. 22. EASEWENTS SHALL PROVIDE EASY ACCESS TO All PU8UC UTI LITY FAOUTIES BY A TANOCM WHEELED MAINTENANCE TRUCK . AGENCY CONTACT UST QW EN'!ttfIPPNG MB CONSUL TI NG INC . JJJ W. COLFAX AVE , SU ITE 500 LAKEWOOD , COLORADO 80204 DAVID CENTIER (JOJ) 825-7475 NIQl:U:CD-111£ DAVlO OWEN TRYBA AR CHITE CTS 1620 LOGAN STREET DENVER , COLOR ADO 80203 DEAN FOREIIAN (JDJ) 831-4010 JIM,eqtt&JQN fN9Utffl FO X HIG GINS TRANSPORTATION GROU P P.O. BOX 19768 BOULDER , COLORADO 80308 STEVE TUmE ,, (JOJ) 6 ~2-~7 1 ~ CONTI NI IUM CHERR Y HILLS LANO COMPANY , LLC ANO TH REE CITY CENTlRE COM PANY , U.C 1430 WYNKOOP ST .. SUITE 100 DENVER , COLO RA DO 80202 KEVIN FOLT Z (JOJ ) S7J-OOSO SITE PATA TO TAL SITE SQUARE FOO TAGE RESI DENTIA L USES RETA IL /OFFICE (C OMMERC IAL USES ) T0"1NHO USE GARAGE CON DOW INIU M GARAGE TJ /T4 a 3(64.380) • 193,140 Tl /12 • 83 . 765 RETAIL GAR•GE 44,027 X I • 44,027 LAN DS CAPE /OP EN SPACE DEEDED PUBLI C RIGH T or WAY LAN DSC APE BUI LDING HEIGHTS SURVEYED LEGAL QESCRIP]ON LO TS 1 &< 2, KENT PLACE F'IR ST FlUNC COU NTY OF •RAPAHDE , STATE OF COtORAOO SHEET INDEX PUD-t DISTRICT Pt.AN PUD -2 PROPOSED PHASI NG PLAN P\J D-J PROPOSE D SITIE PL AN PU0 -4 PR OPOSED OFFSITE UTILITY PLA N PUD -5 PROP OSE D ON SITIE UTI LITY PLAN PUD-i1t PROP OSED CR40 1NC PLAN PUO-7 PROP OSED SURF ACE PAR KING PL AN PU0 -8 PROP OSE D Ct-G2 PARKING PAN PU0-9 PROPOSED PEO ES TIRI AN CI RCUL ATION PL AN PUO ->O PROP OSED LANDS CAPE PL AN P.~~-1\ PROP OSED SIG NACE /FENCING PLAN $1GNAilJRES 497,01 1 S.F , UP TO 800,000 s .r . P TO 51 ,500 S.F. UP O 36,0 10 S.F . UP TO 276,90~ S.F. UP TO 44,027 S.F. 1s2 .25 1 s .r . 6 ,230 S.F SEE SITE PLAN APPP ('.CO FOR CONTINUUM CHERRY HIU..S LANO COMPANY , U..C AND 'THREE CITY CENTRE COMPANY, U..C TLE OAT( SIGN4 TL RE , E STATE OF COLOR ADO COUN TY OF------- THE FOR ECO<NG INSTR UIIEN T w•s •CKN O'M..EDCED BEFORE II[ TH IS ____ DAY OF A,0 , 20---BY ______ _ AS OF ------ I<' COM .. ISSION EXPIRES ------- NO AR Y P BLIC AD DRE SS APPROVED FDR 'THE OTY Of ENGLEWOOO PLAN ... INC ANO ZON'NG COM .. JSSION CH AIRPERSON PL AN,..•NG AN O ZON l"G COM MISSION RECORDIN G SECRE TAR Y MA YOR or ("GILE AT1£STED D A TIE THE F~EOONC •PPROVAL WAS AC<NOWILEDCEO 8EFOR( ME TH,s __ o.v or ~ D. 20 ___ BY------ AND•----------- Cl Y E~• a.ERK ANO RECORDER 'S omCE TH IS PL A ...... t o U .. IT DCVE LOl'M(>< IS •CCCPT(O FOIi FlUNC IN THE ()Ff1C( or THE CLERK AN RECOIIOCR Of AR APAHOE COU N Y COL ADO, AT O CLOCK, M . TH S OAY ----· 20-- R(C(PrON N ER ___ 800K NUM ( --· P•CC NUMB II ---- I Y O(l"UT Y CU:~K AN O IIECOIIOO --------------------4 DISTRICT PLAN ODMllt lllilNMY PU0-1 ·~ J J z ~ z 0 u "'>, "'(D I I (f) I I i , , !<•> ..E , • C i (5) <•> I § (J) ---- (2) '(J) ' (11), 1,,> i (J) I w ·, ! I I --i......, -,' I '(J) (!J/ PHASE IA -SITE PLAN NOT TO SCALE ---- 1 I ............ (J) c rz) ~~---- PHASE 18 -SITE PLAN OT O SCA E -· ---- ('1) ! I I § CJ PHASE IA BU tLOINGS D PHASE re BUtLOI NCS 0 PMASE n eutLOINCS e.tWt...1A ---- 1. Cl(AR PROPERTY or AU EXISTING CONSTRUCTION EXCEP T lME 0,STING SEMINAR Y .a.OW1N1STRATl0N BU IL()(NC. 2. RETAIN PAll[O AREA AT NORTH IIIEST CORNER or Tl<[ Silt. 3. CON STRUCT WEST ANO NORTI< PORTIONS or SIOUNO/J>RIVACY WALL PER NOT[ ~. &. 7 ON Pl.0-1 ANO ALL OR PORTION Of RE WAINlNC WALL. 4. AOJIJS CURB CVT TO HAMPDEN ""0 CONSTRUCT T[IIPORARY SALES CENTE R PARKtNC . ~ ~g::~~g :~~R4:;c:-:A~~!TI~cm£S ANO ATTACHED SIOEWAU< e UNlll[RS,T' & HAIIPDEN (COOT ACCESS PERIIIT SMALL 8E OBTAINED PRIOR TO ""y CONSTRUCTION ) 7. CON ST!lUCT NEW SIGN AL LIGH T1i TO INCi.UDE nB[R CABU. ANO MEO<ANS ON UNlll[RSITY BOULEVARD. I. CONSTRUCT ANO nNISH CURB CUT AT UN I \IERSI TY ANO PARK INC FOR PHASE I t. CONSTRUCT PREU .. INAflY O~R LO T GltAOINC 10. RE OCATE BUS STOP. 11 . CONSTilUCT UllUTIES REOUIR[O TO SUPPORT PHASE I 0Ell[L0PW[NT • TEWPORAR Y LOOP UT•UTI[S TO M .. NTAIN EXISTING S{-ARY 8UIU)ING ALL WAT[R UNES SHAU IC LOOPED ARROUNO Tl<E SEMINARY AOMIN IST'IIA TION ... o SAI..ES ornC( 12. CONST!lUCT n~ DEP ARTMEN T nRC HYORANT1i (S£E PUO SH((T ~). 11 CONSTilUC P[RMAN(N T OETENllON ••c TIES AT \..EAST SUFnCICNT rOR CONTAINM(N T or ORAINAOE FOR P><ASE ONE OEIIE LOPM(N T 14 CONSTRUC T SIGNACE ANO LANOSCAPINC ALONG UNIIIERSITY ANO HAMPO(H. 1$'. CONSTRUC T GARAG( rOR TOWER 1. 2. RET .. l ANO SmEET ACCESS. 18, CONSTilUCT TO IIIER ! ANO 2 17. CONSTRUC RE TAIL BUllOINCS 2 AN O l . 11. CONSTRUCT RESIDEN TI AL ROW HOUSE BUllDtNC 1, 2. ANO l . 11 . ONCE TO WER 1 IS COIIPUT[ OCMOLISH T[MPORARY SAl.£5 C[NT[R PA"1<1NG 20, MOl.t'. SALES CENTER FVNCllONS TO TOllll'R 1 ft ~g::~~g :E~Tl~~N<;_~OSCAPE AHO COURTYARD ~ I O[WOIJSH R[MAININC SEMINARY AOMINISTIIAllON 8UtLOI C/SALES C[NT[R 2. COWl'UTE V TIUTY 00P SYSTElolS. ALL WATER INCS S,,AU IE LOOP(O i: ~=~~ :~~!0 ~ =:i~~NC • ANO l()'#j HOUSE 8UIU)INGS , S. COMPUTE SOUTI< .CST S0<M0 W ALONG , .. MPO(N AIIENU[ I. COW'Ult L.AH0$CA""'° IN l'Uk!C IIICHT or WAY ANO OUT1i1DE SOUTI< IIIES T WJHOJl"IIVAC Y WALL 9) PHASE II -SITE PLAN OT TO SCALE PH6$1NC NMRA.D'tt /\. Tl<( OE'<ELOPER PL""S TO BUIUl Tl<( PROJECT IN MULTIPLE PHASES. IT IS ANTI CIP•TtO Tl<AT Tl<( 1ST P!<ASE WIU INCI.UOC J RETU./omcc IIUILOINCS , UP TO ' RO .... OUSC BU IU)INCS (8'.00. 1,2 AHO J), ONE OR MORE R[SIO(NTIAL b~~J ~T=RLi~~N~/ic;~~ ~;R~~~':.i~ci 0~~~..:,:t?it:~i::f AS SCR'1NC THOSE TOWER SUILOINCS COMPL[ttO lN ll-t( PHI.st NEW OCltNTlON r ACILITIES • UNOERCROUNO UTILITI ES SHALL BE CONST!IVCT[O AS R(OU IR[O TO S(RII[ Tl<[ SIT[ AS O(ll[LOPE O. AU WAT[R LINES SHAU 11( LOOPED I. Tl,( PRO.EC ! SHALL INCLUDE A NEW SICNALI Z(O (NT'IIY AT SOUTI< UNl \l[RS,YY IIOUL.[VARO, AN E•TtNOEO UFT TURN LANE A 5'0UTh BOUND UNI\IERSIYY TO EAST 9()UN0 HAMPDEN Al/[, ANO A N[W T!lArrlC LAN[ rROM Tl<E NORTH PROPER TY LIN[ ON Th[ WES T SIDE or VN1IIERS1YY 80UU:VAR0 TO M UNl~R$JTY ENTRY , SOUTH TO HA.IIIIPOCN A.NO ™ENCE TO TME M(W HA.WPOEN ENT!lY AS W[U AS AN ACCEL(OAllON AN( ON TO WEST BOUND ><AIIIPO[N All[NU[. Tl<Al PORTION or 5'!RfAC£ STIIEET N[CCSSARY TO S(RII[ Tl<[ ilUILDlNCS ANO M .. NTA!N ACCESS TO Tl<[ 5'EM INARY 8UICDINGS SHAL IIC C()MPl.!TEO tN PHA.5( 1 C. Tl<[ ~MAoNOER Qr Tl<E PRO.£CT WIU BE COWPLETtO "' ONE OR MORE P"ASES. IN [AO, CAS(, SUIISEOUEN T PHASES •u INCi.UDE TH[ COIIPUTION or SUCM PA"1<1Ns r AO LITIES AS AR[ NECESSAR Y TO SERI/[ THE BUILDINGS COMPLET[O IN Tl<AT PHAS(, AS Ill[ AS Tl<[ COMPI.£ ON or Tl<[ T[WPORAR Y PORTIOH or SURf'ACE ST!lEE T AREA NECESSAR Y TO SERI/[ 5'!C>< 8UILOINCS 0. SITE PLAN PHASING AO.AJSNENTS WA Y IC lii4AOC BY WUT\J4L AGft(Ol(NT ICr,,[EN Tl<E OEIIELOPER ANO THE OYY MANAGER OR O[SIGNEE . L OEIIELOPER 5'<ALL UPCIIAOE THE 5'GNA AT Tl<[ "AIIPOEN /L"'111[RS,YY INTIERSECTION TO ACCOIIMOOAT[ A 5'NGU EFT TUR N LANE rOR SOUTHIIOUNO UN!IIERSITY Tl,[ TIIIING rOR UPCRAOING lME m.mc SICNAL CANNOT 8C IOENTinEO NllL COO T ... UT ANO APPROVAL IS OBTAINED . ,. Tl<E C,TY NO T ACCEP T OWNERS>'IP or ""&SE O UTILI TIES AU SITE l1U ll£S MUST BE COMPI..ET[ PRIOR TO n ~AL ACCEPT ANCE 8 Y Tl<[ OTY G. POTABU WATER U1'ES MUST BE LOOPED PRlOR TO SEIIIIIC( USE /\. ""ASE 1 IS TO INCLUDE LANOSCAP!N C >.!.ONG 5'0UTI< IIERSITY IIL VO FROM Tl<( ~CW CURB CVT O Tl,[ "AWPOEN All[ INT[RSECT!ON ...0 TIO Tl<[ 5'0UTHCll1.Y CNTR"NCC TO Tl<[ l'RO~CT I. ADO< ll , ... AS{ 1 .. , Cl OE LAND SC•-FOR 1"[ R[l A L [L(MCN TS •s 111E AS Tl<C UHOSCAPINC 0ES.i;,,(l) rOR ThOSE BUIL.OtNCS COIIPC TEO ""A5t C. FOR 5'/ISEOU[NT ""•SES. LANOSC...-..C •u. IC $TAU.CO AS AP""OPRIA T[ TO SUPIOOIIT AOOIT!ONAL 9Ul!JllNOS AS COMPl.[T'(O A. IT IS o:,cCTtD THAT .,...1..5[ I COtriiS ntUCl\ON w,OHT 9(Qlrr,j AS £A .LY A.$ MARCM 2001 CONSlRVCTION or [ACM ""•SE ON CE l(CUN IS AN TIClhlCO NOT ro [!<CECO 12-2• M()NTl<S COMPUTI ON or AU. .... SE, OI' THE •• er AM Ul'<ClCD TO OCXUII NO LA'IOt ""'" l)(C(-«'.R ll 2Qn PROPO~~G PLAN ~ J J z 1-z 0 u Ii I! ·1 I• .~ ·1 Ii FUIW LINE MST 'LOOII (l.[VATION VA1W£S Tk OAUQ[ a ,_ONO GARAGE CONS TIIUCTIOH STtl'S ;. "'°"'' . .,.,,.._ --ADJACENT ZONING MU-R-J-B C1TY OF ENGUWOOO __ ... ,_ '9'-J" ss·-o· 27i'-4" I I ,.: i~ -flC,W UH[ o , ~I . I 'i'1 R MIO"tl'Jl,r .. _~ __ ., IUII.DINO 2 IIAX. IL: 5481 "· (46' ABOVE GRADE ) ROltlOU9E a.DING, IIAX. IL: 5481 "· ( 44' ABOVE GRADE) 1ee ·-s· --COURTY ARD -- CDNOOIINUII ,_, IIAX. IL: ~ "· (12 1' ABOVE GRADE) J06 '-o· -------------.. ..r----~ --.1 -~ IOO'll'.NT ,oo.o,• CONDOIINIUII -2 • MAX. 11.: aee2 " 'i'1(1 50' AB OVE GRA CE) ~ "' "' ss=~,,...~:-:-=-c=s-='...::'.S.:~.:.:s,~==--~: _ .. -··-· _ = . : .,.----LINE CIF' IIUU< P\.ANt: CH-YS AllOCO (LOCATION IIAY VARY) ---+ .-·-o'(AeOllt: r111s T F\.11.) -----VI' TO 8.12 ROOI' P1 TC>< _.,... --ROOI' UNC ---+ 21'-o'(AeOllt: r tRS T F\.11) El.CV (V s S) SOUTH UN1V£RS 1TY BOULE:VARD ADJACENT ZON ING R-2 ARAPAHOE COUN TY nRST 'LOOII EL.EV A T1()0j V AA1 (1 •Tk OARAat: a ,ARl<JNG GARAQ[ CONSTIIUCTION STtl'S ,., ... 'I '-5· )1 1'-5" :=, MAX 11.: 5463 "· ( 46' ABO'II: GRADE) OONDOIINUIII ,oie4 MAX.II.:-" (1 79' AB OVE GRADE ) 11 ,·-5• ~ '"*" 3 MAX. El.:5574 "- (165 ' ABOV!: GOA DE) 1,·-s· 17J'-5" ... ~ ~ 0 ' ~ JJ'-2"i II 7 ~ J6 '-7" 6 .. 1, ; " s .isH J6'-J" 26'-0" su~~ ~I: 15'-Jt ~o • I J ~1_2_ 1. PROPOSED SITE PLAN SC ALE . 1"•50'-0" II • "' IN[ (]F' IUUC !'I.AN( _-()<IIIN[YS AllOIICO(LOCA,_TION WAY VARY) _,, ~ .. '-o"(AIOIII: FlRS T F\.11.) 1--'-----~ TO 1:12 IIOCIF' PI TCH DOl'MERS lllk WINOOWS AllOIICD --+2"-0'(AIOIC MST F\.11 ) flllO,OTY LINE --+ 1T-O'(AI0"1: l'lll$T P\JI ) --.-.---1VAit OE CK S0UN0 WAll tJ ~ ~ 0 ~ ,_ ~ '- LANDIIII- IIAXIMUM IIAXiMUII IIAXJMUM FOOTPIIINT AREA USE UN'!$ UNI'!$ S.F . FOOTPR1NT AREA AS!llorSITE IIESIOENTIAL JOO 800000 1""-150 31.8 ffTAJt , 51 500 42 750 1 .5 ROADWAYS 137914 27.7 OPEN SPACE •1s2.2e1 "'·' ~=R.<>.w ·~·-1.230 1.3 TOTAL 360 Ml~ 497 011 100.<I Pllo.ECT SIZE : 11 .41 ACRES MAXJIIUM OENSITY (RESIDENTIAL UNI'!$ PER ACRE) : 30.67 NOTES : • OPEN SPACE FDOTPR1NT AREA INCLUDES PRIVATE TERRACES I< 8UtLOING ENTIIY AREAS -Ol'-laTII ,. M MAXIMUM NUIIIIEII or RESIOENTIAL UNI'!$ WILi. NOT EXCEEO THE MAXIMUM UIITS SPEC1nEO IN THE LANO USE ~ARY TAIIL.£. 2. THE NUIIIIEII or RESIDENTIAL UNI'!$ WITHIN EACH BUILOINO. THE NUllll£R or BEOAOOIIS ANO OTHER ROOMS WITHIN EACH RESIDENTIAL UNIT ANO THE LAYOUT or THE RESIDENTIAL UNITS SHALL BE DETERMINED BY THE PROPERTY OWNER SUB..ECT TO COIIPUANCE WITH APPUCAlll.E BUI\.OING CODES . 3. THE NUMBER or RESIDENTIAL UNITS DOES NOT INCLUDE PROPOSED GUEST ACCOIIIIOOATION FOR GUES'I$ or RESIDENTS or THE PRo.ECT. SUCH SPACES SHAll NOT EXCEEO 9:11) S.F. ANO NO MORE THAN TWO SUCH SPACES PER BUILDINC (12 TOTAL) SHALL BE PROVIDED . ---E:N'v£L~ A.REA MAXIMUM Hf'lt:wT BUILDINC ISOVARE FtETl IFtETl NOTES CONOOIIINIUM ROW HOUSE 1 10200 ~~ 2 3 5 7o 7b a CONOOIIINIUM ROW HOUSE 2 eJOO -2 3 5. 7o 7b a CONOOIIINIUM ROW HOUSE 3 51:IO S4S4 2 3 5 7o 7b • -ROWHOUSE4 1100 S455 2 3 5 7o 7b I ROW HOUSE 5 ll800 -2 3 5 7o 7b a TOWN HOME 1 73:IO S4SI 2 3 5 7o I s· 1511QO 5451 2 3 5 7o I OIIE J 175SO 54S3 2 3 5 7o e , 32200 "-'-'-' lo. 2 J 4 6 7b 7c 8 T 1NCUJOED IN 1tllElt 1 5512 10. 2 3 • e 7b 7c. I , 41150 5574 lb 2 3 4 e 7b 7c. • 4 1NCUJOED IN 1tllElt J 5-,b 2 3 • e 7b 7c. a RETAIL CENTER BUil.DiNG 1 8000 I S4~ 3 , •• RETAIL CENTER BUlllllNG 2 ,,~, I 5453 3 ' • II R£TAIL C[N'lrR """ INC J ,.,.,, ~-3 3 e a NOTES : 1. SOVARE FOOT ACE AREAS : (o) INCLUDES BOTH TO,i,[R 1 ANO TOWER 2 (b) INCWOES BOTH TO,r,ER 3 ANO TO,i,[R 4 2. FIRST 'LOOR ELCVA110N : THE FIRST Fl.OCR ELEVATI()OIS FOR EACH BU IL.OING ARE ..-o»wATE ANO SUMCT TO MOOOFICA TION SY THE PROPERTY O'<INER OUE TO OE\onOPIIENT or FlNAL GRADING Pl.ANS. ELEVATIONS ARE BASIED ON uses ELEVA T100IS POI CIIAOING PUN (SEE P\JD-6) 3. MAJCIMUII HCIGHT: IIAXIIIUII HEIGHT MEASUREMENTS ARE 8AS[0 ON USCS ELEVATIONS . 4. ON RESl0EN11A1. TOWER BU ILDINGS 1-4, NO BUILDING SHALL EXTEND IIEYONO THE MAXIMUM IIUILOING ENVELOPE (AS OESCR1BCO IN THE PIIOPOSEO SITE PLAN DRAWING ANO THE BUllOINC HEICHT SUMMARY) EXCLPT FOR FlRST 'LOOR TERRACES, UPPER 'LOOR BALCON IES (7 FT. ~~1:"~fsllCDJu~~~E~ 1~~s :~A~~~~1JtT~~ :~:i a£VATOA PENTHOUSCS. PARAPET WAllS. STAIRWA Y ENCLOSURES, ANTIENNAS , ROOFTOP MECHANICAL a PlUMIIINC EQUIPMEN T ANO THEIR ASSOCIATED SCRE[N WALLS I< ARCHITECTURAL ROOI' ANO MEPLACE CHIIIN[Y FtA TURES. 5 . ON CONDOIIINIUM TOIIIN HOUSE IUILOINOS 1-J . NO IUILOING OR BALCONIES SHALi. EXTEND IIEYONO THE SOUTH I< IICST PIIOPEIITY LINE BUUC Pl.AH[ (DWG 2 a 3) EXCEPT FOR nRST 'LOOR PR IVATE TERRACt:S. OORIIERS WITH •NOOWS . F'IIEPI.ACE CHIMNEYS ANO IIISC(LLAN[OUS VENTS. F\.UES, ETC . e. AN Y CEU.ULAR TELEPHONE EOU1PMCN T Pl.Aa:O ON AN Y STRUCTIJRE IIAY ONLY IE INCORPORATED UTILI ZING "STEAL TH ' DESIGN TECHNIQUES, 7. ENCI.OSURES or TERRACES ANO/OR BALCONIES ASSOC1ATEO WITH RESIDENTIAL BUil.DiNGS IN THC 4. PU0 SHAll IE UIIITEO AS S[T FORTH IN TH IS NOTE 7. FOR P\JIIPOSES CIF' SUCH UIIITlTIONS. A "TERRACE. IS AN EXTEll10R $PACE CONNECTED TO A ROOl'TOP UNIT OIi ,. UIIT ON THC ... ST 'LOOR or A RESIDENTIAL IUII.OING : ANO A "BALCONY" IS AN EXTERIOR SPACE CONN(CTEO TO ANY UNIT OTHER TkAN • FIRS T 'LOOR OR ROOFTOP UN IT ANO A .. ALCONY" MAY IE EITkER !Nl;CT OR PIIO.CCTINC ,,_OIi TkE IIULOING EXTEIIIOR . FOR 10TH 'TEIIIIACES' ANO '9ALCONIES", NO CE'-ING OR ROOrTOP SHAU. IIE PERMITTED WITH 11£SPECT TO ANY RESIOENTIAL IUIU)ING. Wi FOR "TERRACES' CONNECTED TO CONDOMINIUM ROW HOUSCS ANO Ta-ousc. NO RMANENT 111:RTICAL STIIUCTIJM or AN Y K1N0 SHALi. BE PEIIWITTEO TkAT EXTENDS MORE Tk AN 42 INCHES A80II( THC LOIIUT ELEVA T10H rJf THE TEIIIIACE • (b) FOR "TERRAa:s• CONNECTEO TO RESIOCNTIAI. TOWER BUILDI NGS 1-4, NO PERMANENT -.t:RTlCAL ST1IUC1\JIIE or ANY KIND SHALL IIE PC-TTEO TkAT EXTENDS MOR£ TkAN I F£ET ABOVE THE LOIICST ELEVATION or TkE TERRACE EXCEP T FOR TIIEWSES OESIGNEO AS PART (JF' TkE IIUILDINC . {c) FOR •BALCONIES" NO 111:RTICAI. STRUCTURE or ANY KINI) SHAll 8C PERIIITTEO TkA T EXTtNOS WORE TkAN 42 INCHES AIOII( TkE 'LOOII OF TkE IALCONY." a. ROOF TOP ll(CHAIICAL EQUIPMENT SHAll IE SCRCCNCO IE-0 BUllOtNG PARAPET WAllS ANO CAil[ a IIANSARO ROOFS 9. TOWf:R AT RETAIi. CEN TER IIU1I.OING 2 TO 8C +-20" ABO-.€ IIUILOING ROOI' _,__ ___ ll·-o• UTIU TY EASDO ____ l-·1 r -o· ILLUSTRATIVE ROADWAY SECTION 0 RESI ENTIAL LOOP DRIVE NOT TO SC ALE PROPOSED SITE PLAN ODMII ID9WIY ~ :J J z -I-z 0 u aa K! ~ !~ ~8 Ii II I! •• I• .~ · 1 I. J '"''-' C D . "'z .. -• ..., ..., ..., --... ,,. ... z"' '"' .. "''"' C ti LJt ILJ • ; ' t 1' ------1 1 . ,:-::::-----t 8 L O C J --.... __ D KCNr v1tL A Gc SCCONO r,iJu;c; --...... -----~ ElOSl1NO e• M. TO I[ IIEPI.Aa:D 111'11! P11CPosED 12• 111. l'Ra'OIED 12" .. IJOS11NG e• WI. 1'0 I[ MPl.ACED llllli PROPOIED 12" 111. 9 H IL L S I L I N G y IO 0 JO IO 1ao . . . . . -·····-- ~ :J :J z -~ z 0 u M3 •~ .. i _, f • i ' t ... V) c:aNNECT l'IIClPOIED 12" ._ 10 Dll'l1NG r ._ 1rxe• TEE ESSEX LN 2 1 ""°"°8e·.. I n r--Jnnr--i n 11nnll n 1-_______________ 1011!!!!:.,.' -------------1r1 NO'lt: 1 CCINSlllucT CCU'l£TE WA'IUI LOOP ARCUII sm: 10 INCi.UDE lEll'CIIARY UICP CONNEcl10N ADJAC81T TO 1HE KENT Pl.AC£ SAi.ES CDl'IER .. l'HAK 1A. ULTIIAlt WAmt LOOI' llll.L It COlilPlETE ti l'IIASE 111. . 50 0 21 50 100 . . . . . -·····-- I fi' 1' j .... t, CD t, :z: ,.: -• -.J -.J -.J - -u... ::,. ..... ..... ~ V) .... ,.: :..: .... C L_J...__I -'----'ILJ 1. D BLOCK j l KEN T V I LL G[ f SECO O Fl ING - ----------- BLOCK 9 HAf POEN b/LLS l SE ONO /LING 6 5 • J PIIOPOSm 38" ,.. PIIOJECT __ _J__ _____ ~---~- /.$Y (T'f'P) PflOP09ED ,r RCP PM1POSfl) , 2· .. == I I I --+: ---I I ___ L I I I ---: ---r : 1! I I I • I I I -----.. ---:----=::::1~::] ------' -' -·---.!':....--------.=.. .. ._: .. ?---~---:=---------~----~---~--------= ( • ..I • ~ --------'-~-~--: i i I i i I l_,.._·~- 1'1.AN Fllll CONTIIUA TI T --=-.... :: -: ' :: ' ~. :J :J z -Ii _, 9 8 J I L C E I ,j NG -,!I.,, - i ! ' t ----. ··---------=-:~-----= ::----= :... -........ ---·: -c:: : •= :: z 11ftri .__ :: .. ( ·~~ '• ,~t .~7---- IIO O 25 IIO 100 . . . . . -·····-- -1-z 0 ! i I ,., I I I ! I , NOO'I r'.Jf,r 1 ...r c.. s---"1...s--1... s ---t.. __ J"" ---,_ .r-, I I I MAIL KIOSK ZONE I ~t~-r --'-~ _r---... ~ ..r---__ J 2,0·-o· 15'-1"" ,,, .... I I I I I I ~=~~C Ill LOCATION (MAY VAR Y) I OUNO LE'IE\. PARKING ~ -----J ARAGE W/ 2 UNDERGROUND SJMILAR FLOOR PLATES I S(E Pl,() S)CON T AJNINC UP 1 ~T~"'~-~ ~i:.o=OONO FLOORS UP TO 4.15 SPACES ! INCLUDE : 2 PARK ING SPACES I PER UNIT (210 UNITS, "0 SPACES), INCLUDING 7 HANOICAP , :.0 I SPACES AJNO 2 VAN ACCE~BLE SPACES , ANO uP TO 15 SUAPCOS-SPAttS., INCLUDES STOIIAG( SPACES I (1 PER UNIT) IN 1-HR. ENCLOSURE . I ~~~!AtT~j..8~ANICAL. I WATER PUMPS, SUMPS. ELEVA TOR$, ELEVA TOR MACHINE ROOMS, ETC . I I I I Wi I I I I I I I I i ...,....--.. ,_ .r,.. _ -~~ ---1--:--l I •CYCLE I / I • ( ~ '-~--- PARKING ____,.{ I LOCATION I (MAY VARY) L _ ..,__ -....r -------_,--L _-r----...__,J -· I I N(J(Jt2'J5.._ ==-=•.,•:,:s.~.:,::::":.:'...1'S°','';:-,..~ ~ -------====-- I 26J'-1· ---·-··-··-··- SOUTH UNIVf:RSITY BOULf:VARO .. CRossPAN ,(" .. CROSSPAN 2. COMMERCIAL STREET SECTION 0 0 SC"LE 1. PROPOSED SURFACE & RETAIL PARKING PLAN SC,.LE : 1"• 50'-0" II • Ill J, RESIDENTIAL STREET SECTION 0 0 SC"LE WllU.. 1. • VAN ACCESSIBLE SPACES SHALL 8E PRO'IIO£D FOR RETAJL ON SURFACE PER All£JIICAJNS Ill™ DISABILITIES ACT ACCESSIIIIUTY GUIDELINES 2002 (AJOAAG) REQUIREMENTS. 2, HANDICAPPED PARKING SPACES (9'-0' • ,a·-e· WIN . + 5·-0· AJSLE) SHALL BE PROl.10£0 FOR RETAIL ON SURFACE PER AMEAICAJNS Ill™ DISABILITIES ACT ACCESSI.LITY CUIOEIJNES (SEC . 4. 1.2, 2002) AT 9 SPACES Pt:R 401-500 SPACES. CARAG(S HAVE EL(VATORS TO CRAJOE . 3, STANDARD HANDICAPPED PARKING SPACES (9'-0" • 15'-0' + 5'-0' AISLE) SHAU BE PR0"10ED FOR RESIOCNTIAL BUILDINGS IN UNDERGROUND GAUGES Pt:R AMERICANS Ill™ DISABILITIES ACT ACCESSIBILITY GUIOOJNES (SEC . 4.1.2. 2002) AT 2.0 PERCENT or TOTAL REQ\JIRED SPACES. UIIOERGROUNO GARAGES HAVE ELEVATORS TO GRAJOE . NO HANOICAPPEO PARKING SPACES ARE PR0"10ED AT ORAJOE FOIi RESIC>ENTIAL UNITS . 4. TOWNHOUSES HAVE 0\tRSIZED PRIVATE GARAGES BELOW GRAJ0£ 1111™ DtRECT ACCESS TO EACH UNIT. NO DESIGNATED HANDICAPPED SPACES 'MU 8E PR0"1DED FOR TO-OUSE ~~ . ,. LOCATIONS or MAJL KIOSK ZONES WA Y VARY 0£PENDING ON DISCUSSION 'M™ USPS. e. SURFACE PARKING 'MTI<IN THE RES10£NTIAL LOOP DRIVE IS GUEST/VISITOR PARKING ONLY. ALL REQUIRED RESIDENTIAL OWNER PARKING SHAU BE BEi.OW GRAD£. SEE PU0-9. 7. BICYCLE PARKING SHALL BE PR0"10EO PER ENGLEWOOD MUNIC1PAL COOE SECTION 19-6-4, K. BICYCI.£ PARKING SHAU 8E PR0"11)[1) FOR RESIDENTIAL CCINOOMINIUW UN ITS AT ONE SPACE PER TWO UNITS (350 UNITS/2 • 153 SPACES) AT GRAJ0£ OR IN UNDERGROUND GARAGE. BICYCLE PARKING SHALL NOT BE PROVIOED FOR TOWNHOUSE LINITS AS EACH UNIT HAS A PRIVATE GARAGE . 8'CYCI.£ PARK/NC SHALL BE PROVIDED FOR RETAJL AT GRAJ0£ AT ONE SPACE PER 10 PARKING SPACES (209/10 • 21 SPACES). e. SNOW STORAGE AREAS AJRE APPROXIMATE . ELIIINATION or SNOW ·™"' TH[ PRO..CCT SHAU NOT BE THE RESPONSIIIIUTY or ™E CITY ANO SHALL BE REGULA TEO ™ROUCH THE COVENANTS , CONDtTIONS AJND RESTRICTIONS COVER ING ™E PROPERTY. NO PUIILJC RIGHTS Of WAY SHALL 8E USED FOR SNOW STORA<,(, SURFACE PARKING LEGEND _,,_ QTY. TYPE NOTE 47 STANDARO 7',20' PARALLEL 47 UlOTAL ll(TM.I'- QTY. TYPE NOTE 0 STANDARD 9',1 9' H[AJO-ON 90 ANGLED ,· • 1e·-a· 60' ANGLED e HC ,· • ,,·-e· eo· ANGLED 1111™ ,·-o· AISLE 2 VAN ACCESSl81..E HC• e· , 19·-e· 60' ANGLED .. ™ a· -o· A1SL£ .. .. lOTAL 146 lOTAL SIIIFACI P- GARAGE PARKING LEGEND -(-21) OTY. I TYPE M I 1N PIIIVATC GARAGES AT GRAD£ IETAL P-..e ONLY QTY. l TYPE 1091 GARAGE TOIIII ) NIii 4 (m: PUD I ) OTY I TYPE ,., I GARAGE (AT GRAD£ LEVEL) 321 \ lOTAI. QNIAG[ PMICIIO NOTE : ROWHC>.JSE -DIIICWNG LINITS ""™ ON GRADE PARKING TIOIIINHOUSE -D11iE LUINC LINITS ""™ IICLOW GRAJ0£ PAIIKtlC 1r-o_· ___ ,~r-_o:...·_, __ 1J_·-_o_· _ -........ , 2'-6' CM 4. SOUTH BOUND UNIVERSITY SECTION OT O SC"lE PROPOSED SURF ACE PARKING PLAN DDMlltmawrr PU0-7 ~ :J J z -I-z 0 u l!5 i 1'1~ ~-~8 -~ II I! ., I• .~ ·1 I. 11':j 'I~ , I I 1 •r,· •11L•t.r X ~4 1t•V ·--- ....... •v,•,:,·J ,•" s .... ---:--=-~~--~-,-·-:-:-·,-:.:-:..:-::::-·-"~ -~-·--.------~----.... :----~~ .. r-,., ',,,10! ,,.~-!"•LIi<.; ... ... . ... 1_ --,--:------,--1,--r-,--11---r----,J ..s,"w I I __I h~'>n..&~IN~~~ r~~ SPACES PER UNIT (210 U. NITS • 420 SPAC(S). INQ.UO[S 7 HANOICAl'f'£D SPAC[S ANO 2 VAN ACCESSa.£ SP1· , ANO UP TO IS SURPLUS PAlll<JNC ACES. 1 STORAGE SPA PER UNIT (210 SPAC[S) IN 1-HII. ENCLOSUII(. INQ.UO[S $TAUi$, MECH CAl. ELECTRICAL. PL~. WAT[R PU SUMP$, ELEVATORS. El.EVA TOR MACHNE R 5. Llt __ _ • I ~I i • . ---_,-----·-----------J ------------------'~ ,"\\\· \,~·-~ \\<;' 7 .. \ ', I.-'·-----' \ \ \ . '- -~-------- I " [ ________ _ "ff ----·--..:.::-.J ::.:-===-..:;·:..:-::·:....c=~-- PROPOSED UNDERGROUND PARKING PLAN SCA LE: 1°• ~·-o• II • "' PARKING GARAGE LEGEND 1QINHQUII PNICNI (AlaMIO U 111111) QTY. 'l'IPE NOT[ &1 STANOAIIO MIN. 9'•11' (IN PRIVAT[ OMAGtS) 111 IUITOTN. 2.2 SPACl:S/\JNIT EST. -( 2/\JNIT MIN .) 10IIIII 1 NIii l ,_.. (AIUINO • UIITI) QTY. 'l'IPE NOTE 182 STANOAIIO MIN, 9'•11' 80' '(2 SPAC[S/UNIT MIN .), NOTE 1 5 HC MIN. 9'•11' 80' W/ 5' AISIL, NOTE 2 1 VAN ACC£SS1IIL£ MN . 9'a11' 80' W/ 9' AISIL, NOTE 2 ,. all!UTAL 10IIIII S NIii 4 ,_.. (-UP TO 110 Ull11) QTY. 'l'IPE NOlt 426 STANDARD WIN . 9'a11' 80' '(2 SPAC[S/IJNIT .. N.), NOl[ 1 7 HC WIN. 9'•11' 80' W/ S' AISIL , NOTE 2 2 VAN ACC£SSl8U WIN . 9'a11' 90' W/ t ' AISLE, NOTE 2 QI UTOTN. TOTM.I 145 SURFACE PAIIALUL ANO ANCI.ED 67 PRIVATE R~OUS[ GARAG[ SPACES 51 STANOARO TO-S[ PARKING 1oe TOWER 1 ANO 2 RtTAll GAIIAGE SPACES 188 TOWER 1 ANO 2 IIDIDENllAL GARAGE (5££ PUO I) 43& TOIIIER 3 ANO 4 R£51DEN11AL GAIIAG( (SU PUO I) ... ...,TOTN.P-.a N01U 1) ST11UCTUR£D ~AIIICINO OIIICN!IONS IIASID ON TM£ "GUIOEUNES FOR PARKING GEOMETRICS" IY THE NATIOIIAL PARKING ASSOCIATION (NPA) APRIL. 2002 ~ HANOICAPPED PAIIKINC PIIOIIIO[O FOR CONOOIIINIUMS N IIEl.OW Al)[ PARKING GARAGE e 12.0 l>OICOIT C1F TOTAL REQUtRCO SPACES PER AMERICANS WITH OISAIJUllES ACT ACCESS181UTY GUlOEUNES (2002) ~ HANDICAPIIEO PAlll<JNC PII0\110£0 FOR RETAIL (ON SUMA~ e 7 AC($ FOR 201-300 SPACES ptR AMOIICANS 'Mllo OISAILJ S ACT ACCESSIBILITY GU«UND (2002) 4) llfTAIL PARKING nCUIICO e 4 SPACES / 1,000 S.F. OF COMMERCIAL SPACE (51,IIOO Sf / 1000 • 51 .5 X 4 • ZOI SPACES MN .) fflllNMQJZ PMKMi UP TO (Zl) TOWHlUSC UNTS II uP TO (l) IUIUllNGS SHAU. IC CONSTRUCTED ON UP TO (3) STIIUCTUIIOI PARKING GAIIAGtS PIIMAIII. Y BELOW GIIAOE . EAC>i TOWNHOUSE SHALi. HAI.£ ACCESS TO A PIIIVATE 2 OR l CAIi GAIIAGE 'MTHIN THC U"OUGIIOUNO GAIIAGU Wl'llol PIIIVAlt ACCESS TO EACH UNT. VISITOR PARKING 1$ ON TH[ SURFAC( II PAIIALl.£1. SPAC(S (E l'U0-1). ALI. GAIIAOES SHALL IE SPIIINKLEll£0 ANO ll[QiANICALI. Y ~llLA TEO AT LOCA llONS TO IE OC~. CAKlOMNM4 PNNli AT LUST 2 SPACES 1'£11 UNT uP TO (2N X 2 • 54111) STAHOAIIO PARKING SPACl:S (INCLUOING) A -UM C1F U HAHOICAPIIEO SPAC(S SHALi. IE CONSTIIUCTEO IN AT LEAST 2 l..tl.£LS OF DIQ.OSED -AIIIL Y UNOCIIGIIOUNO CAIIAGES. TH[ GAIIAGES SHALL INCLUDC STAii! & IUVATOR CORES, .. $C(U.AN[OUS W[CHANICAl./tl.ECTIICAI. fl Pl.~ SPACES AS N[E0£0 fl STORAGE COMPAIITMENTS (If' ANY -TO IE 0£Tt--IUT NO WORE THAN 1 l'tR UNIT} IN 1 HOUR RAl[O [NQ.OSURES. TH[ GARAGE SHALL IE SPt1NKL£RE0 & MECHANICALLY l.£NllLA TEO AT LOCA llONS TO IEOC~. KIA PNDAHG AT LEAST 4 SPAC(S l'tR 1,000 $.F. (51 ,,00 S.F. COolMERCIAI. / 1000 • 51.5 X 4 • ZOI $PAC($) NCWOIHG 7 HC P-ING SPACES SHALi. IE CONSTIIUCTEO IN 1 l£\IEI. C1F FUU.Y UNOEIIGIIOUNO P-ING IIEl.OW TOCIIS & ON THC SUllfAC[. THC GAIIAG( SHALi. IC F'UU.Y SPtl1NICLLREO fl MECHANICALLY ll[HT\.ATEO AT LOCATIONS TO IE 0£TERIIINEO , ftAMIJK PNISWG uP TO 2t RO'MIC)US[ UNITS IN uP TO 5 IUILOINGS SHALi. IE CONSTRUCTED ,,_AIII. y .. OI,£ GRAD£. EACH UNT SHALL HAI,( A PRIVATE 2 QII 3 CAR GARAGE 'M TH PIIIVATE ACCCSS TO [ACH . PROPOSED ~G~KING PLAN ~ :) :) z -t-z 0 u l!5 ~ IQ .:; {. ~ Ji Ii II I! •• I• .~ · 1 Ii CONNECT PC)[STIIIAN ~ CIRCULA T10N TO [>OSTING Sl0£WAU< PE0£STIIIAN CIRCULATION ATTACHED (I' WIO[MIN.) NEW CURii CUT .. CROSSWAU< ... PEDES1111AN CIRCULATION ATTACHED OR UNATTACHED ---fo, PEDESTRIAN~ CIRCULATION +---..,.. PEDESTRIAN CIRCULATION ' ATTACHED (l'WIO[MIN.) ._ -·-----. ---------------. -------·-_ _e P[I)[ NEW CR£LOCA TED) aus STOP W/ = CIR~~ C()lj<*lt SUNIOUNO -LOCATI6N -== ~~--TQ g RC J'PMN[Q I Y am ,,: ATTAcico ~~.:SS:?S, :::"J!:;.~~l __ ~--------------21:. cs · ~OE IIIN ,l _ & . . = NEW CUlltl CUT • CROSSWAU< SOUTH UNIV!RS ITY BOULF:vARfi -------------·----· --- UNATTACHED (5' WIDE MIN .) GARA EN111Y MAY VARY I L_ CONCRETE SURROuNO e MAIL KIOSI( CONNECT N£W CONCRETE SIOCWAU< TO E>OSTING =~------- PROPOSED PEDESTR IAN CIRCULATION PLAN SCALE : 1"• 50'-0" II • ,,, 1. NUMIER ANO EXACT LOCATION ANO SIZ[ OF MAIL KIOSICS TO I( DETERMINED FOU.OWNG DISCUSSIONS •lH US POST AL SDl'ttCE 2. LOCATION OF ENTIIY GATES MAY VARY J . PEOESTIIIAN UGHTING IN RESl0£NTIAI. ARl:AS TO I( POU MOUNTEO FIXlVRES WllH METAL HALJO[ (OR EQUAL) LAMPS WllH CUT-OFF SHIEI.DS ON 8'-10' HIC>I PW$ AT JO'-IO' PACING . 4. PEDESTRIAN LIGHTING IN RETAIL AREAS TO BE POI.£ MOUNTED FIXTURES WllH METAL HALIDE (OR EQUAi.) LAMPS WllH CUT-OFF SHIELOS ON 10'-12' HIGH POI.ES AT JO'-tO' Sl'ACING. 5. EACH CONDOMINIUM UNIT WllH A BAI.CONY TO HAI,( AT LUST ONE (1) INCANO[SC[NT OR F\OU11£SC[NT DECORATIVE LIGHT. UCH TERRACE UNIT TO HAVE AT LEAST ONE (1) INCANO[SCENT OR F'l0URESC£NT DECORATII,( LIGHT AT ENTRY ANO AT CIIOUND F\OOR TERRACE . ALL RCSl0£NTIAL FlXTURES TO IE SHIEU)(O TO lltjllizt INCIDENTAL LIGHT AL()ljG NOR!H AND IIHT PttOPEIITY LINES. S. ALL SERVICE LIGHTS TO BE SHIELDED FROM ADJACENT PROPERTIES. 7. AIRCRAFT WARNING LIGHTS TO COHrORM TO MIHIMAL ru REGULATI()lj$, ~x~:r GARAGE [NTIIY TO HAVE SHl[U)[I) SER',U LIGHT ~ :) :) z -I-z 0 u ~a XI~ ti Ii II I! •• I• .~ ·1 I. • ~ ~ ~ ~ I ... ~ • I I I I I __________ J __________ .r-- / .,.,,..... .... . •• .!!f!J:~2_11"!r. ""-"~':':'''""=~---~-==-~---··-·· c==== SOUTH UNIV(RSITY BOULCVARD ADJACENT ZONING R-2 ARAPAHOE COUNTY e e / ~ ' -ii ~ ~ in 0 .;:! ... ~ J 2 -------~ --=-------------- PROPOSED LANDSCAPE PLAN SCALE : 1 "• 50' -o • II • ,,, LANDSCAPE LEGEND 0 Pl.ANTED au,n1I Z0Nt: ¢ ENTRY ZONE ~ INTERIOR LANDSCAPE 0 HARDSCAPE AREA ~ PRIVATE I< PU8UC TERIRACES OR DECKS 0 RIQ-tT or WAY (ROW) LANDSCAPE ZONE I~ TREES ~ ZONE MAY CONTAIN TR££5, SHIIVBS, GROUND ~ COIIOIS, SOO, ANO SIDEWALKS (AT STllaTS) ~ ZONE MAY CONTAIN TREES, SHIIVBS, SOD, ANNUALS , ~ PERENNIALS, Fl.OWERS, GROUND CO'vtR , UGHTING, AND Sl0£WALKS (AT STREETS) I< SIG>1Act:/MONUMENT(SEE PUD II) 17777,1 ZONE MAY CONTAIN PEDESTRIAN WALKS, LIGHTING, ~ SHRUBS, TREES, SOD , ORDUNO CO','ERS, ANNUALS, FRONT ENTRY STOOPS, WAlf:R FEATURES. MAIL KIOSKS 1f:1+1=++1 ZONE MAY CONTAIN f'lNISHED CONCRETE , WOOD DECKING UGHTING , t:tl;l::W TREES IN GRATES, I< OR PLANTERS STREET F'UIINIT\JRE , WATER FEATUIIES, POOL, HOT TVBS/SPAS, GRASS, SHADE STRUCTURES, PAIIIUONS. ~ ZONE MAY CONTAIN FINISHED CONCRETE , PRIVATE ~ PLANTINGS IN CONTAINERS, FURNITURE , SHIELD£D UCHTS ~ ZONE MAY CONTAIN Sl0£WAI.KS STREET TREES O 1/JO'OC.SQD, ~ SHRUBS, MULCH, GROUND CO','ER , STREET UCHTS TYPE SHRUBS REQUllltO I PROIIIDED0 REQUIREO I PIIOIIIOED' NUMIICR 1ee I 199 830 I 991 REQUIRED LANDSCAPE AREA: (RLA) (BASED ON MULTifAMII.Y RESIDENTIAL) RLA : 497,011 sr X .25 • 124,2" Sf MAXI-NON U\'ING LANDSCAPE AREA 124,2» X (~ • 4J,496 sr EXISTING TREE CREOITS • 0 NUMBER OF TREES (RLA / 750) • 124,253 / 7l'IO • 166 X 1.2°• 199 TREES NUMBER OF SHRUBS (RLA / 750) X 5 • 1118 X 5 • 830 X 1.2°• eve SHRUBS IRRIGATION: ALL IRRIGATION TO SE AUTOMATIC UNDERGROUND SYSTEMS (ORIPl<SPRAY) PLANDNC NOJE$; •. EXACT LOCATION or PARTICULAR PLANTINGS 'MLL at: DETERMINED AS THE ARCHITECTURE IS FlNAUZEO . HOWE','ER, DE~OPER SHALL COMMIT TO EXCE[I) THE PL.ANTING REQUIRED PER ENGi.WOOD LANDSCAPE OROINANCE NUMBERS BY 20ll IN EACH CATEGORY. EXACT LOCATION or Pl.ANTS NOT DETERMINED . PLANS SMOW PREUMINARY CONCEPT or TYPES . PLANTS MAY 8E PLACED ANYPLACE WITHIN BOUNDARY or PROPERTY. PROHIBITED TREES: BOX ELD£R, COTTON WOOO (FEMALE), SIBt:RIAN EU,t LANDSCAPE PLANTINGS a IRRIGATION PLANS TO 8E SU8il1TTEO AS PART or BUILDING PERMIT APPUCA TlONS FOR EACH CONSTRUCTION PHASE . COMMON AREAS TO HA','E PHASED PL.ANTING Pl.ANS . NO ENCLOSURE or PRIVATE TERRACES PERMITTED. LANDSCAPE AREAS TYPE AREA PLANTER lll.ffEll ZON£ 0 J0.~2 s.r. ENTRY ZONE (2) 10,8114 s.r. INTERIOR LANDSCAPE (l'> 57 ,676 s.r . HAR0SCAP£ARl:A <J> 31 ,2117 S.F . PRIVATE TERRACES Q) t ,421 s.r. ROW LANDSCAPE © 6,230 s.,. TOTAL LANDSCAPE AREA 146,037 s.r . NOTES WAX. ARCA 4J.-$.f . -MAX. APf'UCA&E PROPOSED LANDSCAPE PLAN DINWJIIDaWIY ~ :J :J z -I-z 0 u ag IQ~ {. ~8 ii II I! ., I• .~ ·1 Ii • SIGNAGE/ENTRY , WALL/LOCA TIO,, • SHALL COMPLY WITM CITY Sill: TRIANCU: REQUIREMENTS I I :SIGNAGE/LOCA no,, I 1SHALL COMPLY I WITM CITY snt ::~~ENTS I /1 I I , 1, .. __ ._,- l , SIGNAGE/ENTIIY WALL LOCA TION \-""''"' . -----------------------~ """' """"""" .. ..,,,.:, ----~"'::-.:~ .. _ ------------------------ NOTE':\ Al.L SIGN S TO MEE T Cl TY Of ENCU:WOOO SIGN COOE PROPOSED SIGNAGE/FENCING PLAN SCALE : 1·-so ·-0· II • ,,, FENCING LEGEN D NO TYPE LOCATION NOTtS [j] UP TO 10' MINIMUM MASONRY ON THE WEST NOTE S. SOUND/PRIVACY WAl.L PRoPERTY LINE m UP TO 1 O' MINIMUM MASONRY ON THE NORTH NOTE e. SOUND/PRIVACY WAl.L PROPERTY LINE m 2' -1 O' MASONRY WALL ANO OR AT PROJECT ENTR1ES WALLS AT ENTR1ES TO VARY IN HEIGHT fOR ENTRY MONUMENT SIGNAGE, LANDSCAPING , ANO 111:SIOENTIAL UNIT PRIVACY. NOTE : ENTR Y WALi< LOCATIONS TO COMPLY WITH CITY SITE TR IANCU: REQUIREMENTS SIGNAGE LEGEND NO TYPE LOCATION CONTENT EST. f NOTE CD WALL/GROUND UNl\'ERSITY COMMUN ITY IDENTITY , ANO HAMPDEN Q) WALL OR GROUND BOTH SIDE Of PRO.£CT IDENTITY • ENTRY ORl\'ES IDENTITY-LOGO @ WALL SIGN/BLADE SIGN/ BU ILDING MOUNTED MAJOR TENANT CANOPY SIGN/ AWNINGS IDENTITY-LOGO © WALL SIGN/BLADE SIGN/ BU ILDING MOUNTED SECOOIDARY TENANT CANOPY SIGN/ AWN INGS IDENTITY-LOGO © WINDOW SIGN/LETTERING IN RE T Al l WINDOWS ADDRESSES-HOURS 1ST ANO 2ND FLOOR Of OPERA llON @ WALL SIGN/HANGING SIGN RETAIL , GARAGE .. RESIDENTIAi. BUILDING FACADES PARKING INFO . 1/EljTRY HE IGHT LIMITATIONS CD WALL SIGN RESIDENTIAi. BUil.D iNG BUILDING NO. lo 2/lll.l)G, FACADES ADOR£SSES @ WAL L/GROUND MOUNTED SIT! ENTRIES WAY FINDING 2 MAP/SIGN ENTRY GATES ® TEMPORARY SIGNS BUILDING PROXIM ITY 10£NTIFICA TION NOTES : 1. ALL RE TAIL SIGNS SHA\.L BE IN CONFORMANCE WI TM TME SIGN SEC TI OOI OF THE COMlolERCIAL OISTRICT STANDARDS OF THE ENGLEWOOO MUNIC IPAi. COOE , AS AMENDED . 2. All SIGNS SH ALL CONFORM TO THE MAX IMUM SIZE /AREA , HE IGHT AN O NUMBER LI MITATIONS SE T FORTM IN TH E ENGUWOOO MUNICIPAL SIGN COOE . AS AMENDED, 3. NUMBER OF SI GNS OF A PAR TICUL AR TYPE . WHERE LI STED . IS AN ESTIMATE ONLY. EXACT NUMl[R TO 8E DETERM INED WNEN SIGN AGE PLANS ANO SPEC IFI CA TI ONS ARE COMPLE TED, BU T NOT TO EXCC[l). 4. PROHl81TEO SIGNS : BILLBOARDS , PORTABLE SIGNS , WNEELED ADVERTISING SIGNS. BALLOONS , ANIWA TED .. FLASHING • BLINKING SIGNS , ROOF SIGNS , MURAl.S . ~. NEW WEST WALL: ALONG THE IIIEST PROPER TY LI NE , OE\'E LOPER SHAl.L CONSTRUCT (THE "NEW WEST WALL") A ,o·-o· HIGH NOVA SOUND WA\.L (INCLUDING INTtRIOR SOUND ABSORPTION MATER1Al.), BUILT ON PERMANENT ICLQW f'llOS T LINE CONCRETE f0UNOATl 0NS P£R NOVA SOUND WALL SPECIFICATIONS 111'11< COi.Oii . TtXTVIII: ANO DESIGN FEA TU RES ON THE IIIESTERN-FACI NG FACADE Of TH E WALL (INCLU OI NG PILLARS) TO MATQ< THE DESIGN ANO CONSTRUCTION SPECIFICA TI ONS (EXCEP T HEI GH T) ANO APPEARANCE Of THE PR(SCNT\.Y EXISTING NOVA SOUND WALL CURRENT\. Y EX ISTING ALONG lliE SOUTHERLY P()IITION Of THE IIIEST 2 , J 2. J ,. 2 ,. 2 ,. 2 2, J 2. J 2, J 2 PROPUTY LIN(. lliE NEW WEST WA\.L SHA LL HA','( STONE CAPS Of A WARM GRAY TONE . HEIGHT Of TH[ NEW WES T WALL SMA\.L BE OETEIIMINEO AT TH E GRAOE IMM[OI ATE LY AD JACEN T TO TH[ ll[STCRlY EDGE Of THE NEW IIIEST WALL ANO SU CH HEIGHT AS so OETEIIMIN[O SHALL IE NOT LESS THAN ,o·-o· • MAY EXCEED ,o·-o· Wi lli PERM ISSION OF KENT 'ilLLAGE ASSOC IATION . e. NEW NORTH WALL: SIMI LAR TO TH E NEW WE ST WALL Wi lli HEIGHT TO BE DETERM INED BY TH E DE\'ELOPEII AFTtR COHSIJLT ATIQN WI T!< Tl<E PROPER TY OWN!:AS TO lliE NOR TH OF lliE NOR TH[RL Y PROPER TY UN[ SHALL IE IUII. T Al.ONG THE NOll lli[Rl Y PROPERTY LINE (lli( "NEW NOII TH WAl.L"). 7. COOIS TIIUCTION SCWEOULE FOIi NEW WE ST .. NEW NOII TH WALL: THE NE W WE ST WALL INCLUDING THE WE STERN-FACIN G FACADE AN D THE $TOH£ CAP (IUT NOT INCLUDI NG THE EASTERN-F AONG FACADE) AN O THE NEW NORTH WA\.L INCLUOING THf. NOIITH£111.Y-FACIHG f 4CAOE ANO THE STOHE CAP (81JT NOT INCLUOING THE SOUTHERL'Y-r ACING FACADE) SMALL IE COMl'LET[D PR1011 TO 0£\'ElOPER COMMENCING DE\'ELOPMCNT ON THE REMAJND£11 Of lli[ PIIOP[IITY, EXCEPT FOIi SUCH WOR1< ANO GRAD ING AS NECESSARY TO COOISTRUCT THE NEW WEST WALL OIi THE NEW NOIITH WALL OIi AS OTHERWISE AGREED BY KENT VILLAGE ASSOCIATI()l,t .-TH RESPECT TO THE NEW IIEST WALL OIi THE HAMPDEN HILLS ARCHITECTVRAL COMMITTEE WITH RESPE CT TO Tl<E NEW NOIITH WALL ~ J J z -I-z 0 u !! 1'1~ {. ., ! II I! ·1 I• .~ ·1 Ii PROOF OF PUBLICATION TR E EIGLEWDOO HERALD STATE OF COLORADO § COUNTY OF ARAPAHOE I , Christine Moser, do solemnly swear that I am the President/Publisher of THE EHLEIDOD NEULD and that same is a weekly newspaper pub- lished in the City of Littleton, in the County of Arapahoe, State of Colorado , and has a general circulation therein ; that said news- paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30 , 1923, and entitled 'Legal Notices and Advertisements ' and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week , on the same day of each week , for a period of __ J _ consecutive inse rtions and that the first publication of said notice was in the is sue of sa id newspaper dated ~~ Ii--, . 2001 . The last publication of said notice was in the issue of said newspaper dated ~A-.h..U ll>uQ .,, I h . 2001 . ~ Signature of President/Publ is her Christine Moser Subscribed and sworn to Signature of Notary Public CHERI R. PETERSEN NOTARY PUBLIC ST,'\ Tl= OF COLORADO My Comm,~ ... , , _ PUBLIC NOTICE CITY o, !NOLlWOOD NCfflCI OP fll&IC NIAIIINCI NCllloe la llM'eby glwn 111111 .. City c-.11 of ttle City of lfttlNOOd, CClllnNlo, .......... • l'ullllc ........ 111 ......... C..-cll IINllllgan........,l,al7,llt 7:111 p.in. In .. City c-11 ClwllNls oll ........ CMc Canw, 1.bllMNdP .... , ID ........ lflllUI on 1111 au I.NICI· 111a-,m,,a,, Cllllll'fllt1""' •1111•111.11WDOD •...-& --. INfflLID ....... Mfr, fCOUNCIL ILL NO, I) All ............... may ...... ..... In ,__ 111111 Public ........ ., In W1'111n1 ID lie....._, !Ir IN City Clalll br 1:00 P,ffi, an '*'-YI, JID7, _,......_ tD .,.. .... ,.._ HNftna .., ... .. Clar Cllfll'8 Ollol, m.JIU40I or JU. 711.JAOT ta_,......, piw-.nora ....... .._.wN, ... _...... ......... . By ...., ,,, .. .......... Qr Councll. L.ouartalllll A. .... MMC Clar Cllltl Cllrlll ......... . 1000111111 ... ....._ .. ........ 0...-.110 ____ .....,11,alf INGl.lWOOD t9ALD I 1110 /air ) , ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 3 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 7, CHAPTER 1-A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ENTITLED "DOGS AND CATS". WHEREAS, the City Council of the City of Englewood, Colorado wishes to update the Englewood Municipal Code to address vicious dogs and cats; and WHEREAS, vicious animals are defined; and WHEREAS, conditions for keeping a vicious animal are set forth; and WHEREAS, defenses to the charge of vicious animal are provided; and WHEREAS, bodily injury and serious bodily harm are further defined; and WHEREAS, the definition of muzzle has been inserted; and WHEREAS, tethering of animals is limited; and WHEREAS, an additional charge of dog at large has been created; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 7, Chapter 1-A, Section 1, of the Englewood Municipal Code 2000 , to read as follows: ARTICLE A. DOGS AND CATS 7-IA-l: Definitions. For the purpose of this article, certain terms and words are herewith defined as follows: Adjoining Owners, Residents: The owners and residents of lands that are supported by a common boundary line . Animal Sh elter : Any premises designated by the City for the purpose of boarding and caring for any animal impounded under the provisions of this article or any other ordinance or law of the State of Colorado. -1- 10 b Attack: Any dog or cat that, without provocation, including the definition from Section 7-lA-lO(C) EMC, bites or attacks human beings. or bites or attacks another domesticated animal, or in a vicious and terrorizing manner attacks, or approaches in an apparent attitude of attack, a person anywhere within this City, or a dog or cat that runs after and bites, barks or growls at any other animal, bicycle or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or other place open to the general public within this City. Bodily Iniury · Means any physical injury that results in severe bru ising. muscle tears or skin lacerations requiring professional and medical treatment or any physical injury that requires corrective or cosmetic surgery. H8h~ /Jreetier Canine and Feline Br eeder: Any person who, outside of his regular course of employment, is breeding purebred dogs .or_cats in an attempt to improve the breed through controlled propagation, thus achieving carefully desired qualities and traits . Cat: A domesticated carnivorous mammal Felis Catus. This does not include any felidae not domesticated such as lion, tiger, wildcat, etc. which are included within the provisions of Section 7-lC-3 EMC. Dog: A carnivorous domesticated mammal of the canine species, Canis Familiaris and the product of Canis Lupus having been bred Canis Familiaris . The following are excluded from and are not a part of this definition: Jackals; foxes; and related animals ; and wolves, Canis Lupus all of which come within the provisions of Section 7-lC-3 EMC . Dog or Cat, Castrated Male (Neutered): Any male dog or cat upon which alternative surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a certificate asserting such operation has been performed. Dog or Cat, F emale (Not Spayed): Any dog or cat of the female gender upon which no alternative surgery of the genital organs has been performed. D og or Cat, Female Spayed : Any female dog or cat on which an ovariotomy or ovariohysterectomy has been performed by a licens ed veterinarian and accompanied b y a certificate asserti ng such o perat ion h as b een p erfo rm ed . Dog or Cat, Male (Not Neutered): Any dog or cat of masculine gender upon which no alternative surgery of the genital organs has been performed . Dog or Cat Owner : Any person keeping, harboring or having the full or temporary care of a dog or cat at the time any violation of this article is committed. Dog o r Cat, Stray and/o r Running at Large: Any dog or cat within the City limits, outside of owner's property, unaccompanied by owner as defined herein . -2- GF-iew'>HS Serious Bodily Harm : 'Beeily i-Rjttf)' wh!ek inveh·es a slfflstantial risk ef eeatk, serietts 13ef'fflftaeat eisfig1uemeat, er 13retraetee less er imJ3airmeftt ef tke Fliftetiea ef Bft'.',' J3BR er ergaa eftke eeay. Means bodily injury which, at the time of the actual injury or a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, or fractures. Guard or Attack Dog: Any dog trained to attack a person, or acquired for the purpose of patrolling property or attacking any person. Also included is any dog whose actions have previously resulted in a conviction of its owner of a violation of Section 7-lA-10 EMC. Kennels or Cattery: Any place where dogs or cats are born, bred, raised, boarded, fed or sold, for any valuable consideration, but shall not include a household which sells only the offspring of a female dog or cat maintained solely as a family pet. M.Yzzk.: For pumoses of this Chapter, shall mean a restraining device made of metal, plastic, leather, cloth or a combination of these materials that, when fitted and fastened over a snout/mouth/head, prevents the dog from biting but allows room for the dog to breath and pant. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal. Rabies : A viral encephalitis, almost always fatal to both wild and domestic animals, that may affect any warm-blooded animal but is most common in carnivores and new world bats . In the United States, foxes, skunks and raccoons are the major wild carnivore hosts, though domestic dogs and cats remain the most important source of human exposure. Vicious Animal: Means any animal which; L without provocation attacks or bites humans or other domesticated animals on public or private property, or ~. without provocation approache s any person or animal on public or private property in a terrorizing manner or in an apparent attitude of attack, or .3... has been engaged in or trained for animal fighting as described and prohibited by C,R,S , 18-9-204, as amended. 7-lA-2: Running at Large Prohibited. A. Dogs at Large. It shall be unlawful for any owner or person having the care, custody and control of any dog to allow such dog to run at large in the City. For the purpose of this section, a dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper thereof and not on a leash held by a person able to control the dog. B . Paragraph A shall not apply to I*** park programs authorized by Council Re olution. -3- C. Dogs not under reasonable control. It shall be unlawful for the person having the care, custody and control of any dog, to not maintain that dog under reasonable control. Notwithstanding any of the provisions of Section A, a dog shall be deemed not under reasonable control when any of the following conditions occur: 1. The dog inflicts damage or injury by biting, jumping upon, polluting vegetation or by any other means whatsoever, to the person or property of anyone other than the owner, except where the dog acts in the defense of the owner, his family or property; or except where the dog is under the control and command of a police officer in the course of his/her duty. 2. In the case of any unspayed female dog, while said dog is in estrus (in heat or in season) and not securely confined in the owner's yard, pen or other enclosure. i A dog that is in an unfenced yard without a person present. D . Cats. It shall be unlawful for any owner of a cat to allow such cat to run at large in the City and to become or create a nuisance. Notwithstanding any other provisions of this section, a cat shall be deemed to be a nuisance when any of the following conditions occur: 1. The cat inflicts damage or injury by biting, jumping upon, polluting of vegetation or by any other means whatsoever, to the person or property of anyone other than the owner. 2. In the case of any unspayed female cat, while said cat is in estrus (in heat or in season) and not securely confined in the owner's yard , pen or other enclosure. 7-lA-3: Impoundment of Animals at Large; Notice, Disposition. A. Any dog or cat or dogs or cats, found running at large and/or creating a public nuisance, and any dogs or cats subject to cruel treatment as specified in Section 7- lA-7 EMC, may be taken by the City and impounded in the shelter designated by the City. B. Dogs or cats not claimed by their owners before the expiration of six (6) days may be disposed of at the discretion of the City except as hereinafter provided . C . Dogs or cats found running at large may be claimed by their owners before they are disposed of by the City. D . A dog or a cat subjected to cruel treatment as specified in Section 7-lA-7 EMC shall not be released and shall be held by the City or at a designated shelter for a period ofnot le s than six (6) days . If the owner has not submitted a claim for the animal to the Englewood Municipal Court within that six (6) day period the animal ma y be dispo ed of at the di cretion of the City . If a claim is made to the Muni c ipal ourt for the dog or cat, the animal shall be held by the City or by a he lt e r des ignated by the C ity until the Municipal Court Judge enter an order findi ng ithe r : -4 - 1. A charge of cruelty to dogs and cats under Section 7-lA-7 EMC can not be proven beyond a reasonable doubt. Or 2 . The judge finds that the care and maintenance issues under Section 7-1A- 7(B) EMC have heen satisfactorily remedied. Under no circumstances shall this remedy provi.,ion apply to Paragraph A of Section 7-lA-7 EMC . E . The City may transfer title of any dog or cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such dog or cat has not been claimed by its owner. F. When dogs or cats are found running at large and their ownership is known to City personnel, such dogs or cats need not be impounded, but such personnel may cite the owners of such dogs or cats to appear in Court or the Violations Bureau to answer charges of the violation of this article . G . Immediately upon impounding dogs or cats, the City shall make every possible, reasonable effort to notify the owners of such dogs or cats so impounded and inform such owners of the conditions whereby they may regain custody of such dogs or cats. H. lmpoundment Fees. +. l)9gs. Degs impeHnaea ans aet reelaimea l:ly the evmer , pHFSl:laftt te s'l:tl:lseetiea A hereef, Rtily l:le releases fer aaeptie8 after paymeat ef a ferty aeHar ($4(H:lQ) aae13tiea fee l:ly the 13arty aaeptiag saia aeimal. Fifteea sellers ($15.QQ) ef the ferty seller ($4Q.QQ) aaeptie8 fee will l:le refwlaea HJ308 preseatatiea efpreef that the aeg has l:leea 8eYterea (spayea) l:ly a liee8sea YeteR81lfi8ft ana has reeeiYea 8 8Yffeftt ral:lies Yaeeiaatiea . ~1eYteR8g (spayiag) ana ,,.aeeiaatiea HtYst l:le perfermea withia thirty (3Q) 88'.'f'S ef aae13tiea er l:ly the time the aaei,tea 81lHRQl attaias si* (€i) meaths ef age . 2 . G815 . Cats imi,eYRElea ana aet reelaimea l:ly the ewBer , J'HFSYaat te s11eseetiea A hereef, HNlY l:le releases fer aaei,tiea after J38'.'frmeat ef a tweaty aeHar ($2Q .QQ) aaei,tiea fee l:ly the 13arty aaei,tiag sa ia aeiRlal. Fifteea aeHars ($1 5.QQ ) ef the tweat y a ellar ($2Q.QQ) aaei,t iea fee will ee ref\:laaea Ype813reseatatiea 0f13re0f that the eat has l:leea 8eYt erea (s13ayea) ey a lieeasea Yeteriaariae 888 has reeei 11ea 8 8YffeAt raeies 1l888iAatieA . ~J eyteRa g (s13ayi a g) a8a 1,•aeeiaatiea mYst ee perfermea witma thirty (3Q) a&'.'f'S ef aae13tiea er l:ly the time the aae13tea aeiftNll attaias si* (€i) meaths e f ag&:- Impoundme nt Fees for do gs an d cats sha ll be set by Council Reso lu tion, 7-lA-4: N umber of animal s mai ntain ed o n pre mises. No household, place or premises m ay have more than three (3) dogs and three (3) cats over six (6) months of age, but in n o case shall th ere be any combin ation of more than four (4) such animals. -5- 7-lA-5: Vaccination Required. The owner of each dog or cat which is six ( 6) months of age or older shall cause said dog or cat to be vaccinated against rabies with either annual or three (3) year rabies serum. Such vaccination shall be repeated thereafter as required by the serum. Dogs or cats shall be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of vaccination, in duplicate, shall be completed by the veterinarian, one copy to be issued to the dog or cat owner and one to be retained in the veterinarian's files . Any dog or cat in the custody of the City shall be released to the owner of said dog or cat for a period of time not to exceed five (5) days in order to obtain the vaccination of the dog or cat. 7-lA-6: Poisoning Dogs or Cats. It shall be unlawful for any person to poison any dog or cat or to distribute poison in any manner whatsoever with intent or for the purpose of poisoning any dog or cat. 7-lA-7: Cruelty to Dogs and Cats. A. It shall be unlawful to kill, maim, disfigure, torture, torment, neglect, beat with a stick, burn or scald with any substance, or cause a dog or cat to endure unreasonable or unjustifiable pain, suffering or injury. B. Care and Maintenance. It shall be unlawful fo r any person keeping or harboring any dog or cat to fail or refuse to provide such dog or cat with proper food , drink, shade and shelter. Proper food , drink, shade and shelter shall require that: 1. Each dog or cat shall receive an adequate daily supply of clean, fresh food suitable for the nurture of the species' physical condition and age sufficient to maintain a healthy level of nutrition. 2. E ach dog or cat shall , at all times, have an adequate and accessible supply of cl ean, fre sh , potable water and such water shall be provided either free- flo w ing o r in a clean , sta ble receptacle . 3 . Each dog or cat housed outdoors shall have convenient access to appropriate, weather and temperature-resistant shelter throughout the year. Any shelter shall be structurally sound, clean, adequately sized, and maintained in good repair to protect the dog or cat from injury and from the elements. 4 . The living area for the dog or cat shall have adequate d rainage such that the dog or cat shall be free to walk, sit, stretch or lie down on a dry surface . 5 . If a dog or cat is housed outdoors, in addition to a shelter, it shall be provided with an enclosure to minimize risk of injury and to provide sufficient space to enable freedom of movement and exercise. -6- C... Tethering. It shall he unlawful for any person to tether and leave, or pennit to be left, unattended any animal on a leash, cord or chain of less than four feet <4 'l in length for longer than one Ol hour. 7-lA-8: Restrictions and Regulations Applicable to Dogs. 7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants. A It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove forthwith, excrement deposited by said dog upon a common thoroughfare, street, sidewalk, play area, park or upon other public property, or upon private property when permission of the owner or tenant of said property has not been obtained . B. It shall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove excrement deposited by said dog upon private property when permission of the owner or tenant of said property has been obtained within forty-eight ( 48) hours after being deposited, and such is hereby deemed to be a public nuisance and prohibited. Dog excrement shall not be placed in storm sewers but shall be disposed of in a sanitary manner. C . It shall be unlawful for any owner, possessor or person who keeps any dog to permit such dog, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor, or keeper of such dog, and the same is hereby declared to be a public nuisance and prohibited. 7-lA-8-2: Tag and C(1 ''"r Required. The owner of any dog shall cause to be placed upon the neck of such dog so owned, kept or harbored, a collar made of durable material , having attached thereto a metal tag showing that the dog has a current rabies vaccination, together with an identifying number thereon corresponding to the number on the certificate of vaccination. The c ollar with the tag attached thereto shall be kept on such dog at all times . 7-lA-8-3: Rabies Suspects and Biting Dogs. A Any dog which is suspected of having rabies, or which has bitten a person or other animal may be impounded either in the pound or under the supervision of a licensed veterinarian, for observation . All fees for such impounding and observation shall be charged to the owner of such animal. 1. Any dog impounded under the provisions of this section shall be placed in a suitable facility and quarantined for a period of not less than ten (10) days at the expense of the owner. 2 . Any dog impounded under the provision of this section shall be de troyed up n detennination that uch dog is infected with rabies . 8 . D g kn wn to have been bitt n or expo ed to a rabid animal hall be: -7- 1. Immediately destroyed upon determination by a licensed veterinarian that the dog is rabid; or 2. Released upon proof of immunization and booster injections given by a licensed veterinarian. 7-lA-8-4: Records and Reports. The City shall maintain a record of all animals impounded together with all fees collected. 7-lA-8-5: Guard or Attack Dogs. A. All persons owning, harboring, or controlling guard or attack dogs as defined in Title 5, Chapter 28 E.M.C., on premises within this municipality shall contain such dogs in an enclosed area for the protection of persons or property. That enclosed area will completely confine the dog in a kennel, run, yard or other space which will adequately protect the general public from inadvertent or casual contact with these dogs . When such dogs are taken out of the enclosed area, they will be held on a suitable chain or placed in a suitable container, under the control of a responsible person, to ensure protection of the public. B. The owner, or other persons in control, of all premises upon which guard dogs are maintained shall post signs on, over, or next to all exterior building doors , gates and other entrances, stating that such dogs are on the premises . If the attack or guard dog( s) on said premises are owned or maintained thereon by any guard or security service, the signs shall also contain the phone number of such service. No attack or guard dogs may be maintained in this municipality by such service unless the telephone for which such number is posted is manned by responsible personnel twenty four (24) hours daily . Such signs shall be posted in the same manner at each driveway or entrance way to said building and shall be black bordered with the words "BEW ARE --ATTACK-GUARD DOG ON PREMISES" written in red on a white background. Such signs shall be visible from the place of posting to the curb of the street abutting the sign, or a distance of fifty feet (50'), whichever is the lesser. C. All persons owning or controlling an attack or guard dog on the premises within this municipality shall first obtain an attack or guard dog license pursuant to Title 5 of this Code. -8- 7-lA-8-6: Barking Dogs, Harboring Prohibited. No person shall keep or harbor a dog which by loud or frequent or habitual barking, yelping, howling or whining shall cause a serious annoyance to the neighborhood or to people passing to and fro upon the streets or sidewalks. 7-IA-8-7: Police Dogs. It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, mutilate, injure disable or kill any dog used by the City in the performance of the functions and duties of the City. 7-lA-9: Restrictions and Regulations Applicable to Cats. 7-lA-9-1: Damage to Shrubbery or Plants. It shall be unlawful for any owner, possessor or person who keeps any cat to permit such cat, whether or not running at large, to destroy, damage or injure any shrubbery, plants, flowers , grass , lawn, fence or anything whatsoever upon any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such cat, and the same is hereby declared to be a public nuisance and prohibited. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 7 , Chapter 1-A, Section 10 , of the Englewood Municipal Code 2000 , to read as follows : 7-lA-10: Attael{ IJy Dag er Cat. Vicious Animals Prohibited A. The ewRer ef asy aeg er eat shall es rssf!eHsiele fer any attaek eemmittea ey that aeg er eat agaiHst aRy f!ref!erty, real er f!SrseRal, Ii"'" er iHaftifflate , er aRy hYfflafl ~ Uf!eH eeiHg e01wietea thereef, the ewRer is sYejeet ta eeing f!wushea iH aeeeraaRee with the flSHalty set ferth iH SeetieR I 4 I ef Bngleweea MYftieif!al Gees, 1985 . It sha l! be un la wful fo r any person to own or ha rb or a vicio us animal. B. C. -9- ) .2,. UnlawfuUy engaging in entry into or upon a fenced or enc)osed portion of the premises or containment upon which the animal was lawfully kept: .3., UnlawfuUy engaging in entry into or in or upon a vehicle in which the animal was confined: ~ Attempting to assault another person: .5.,__ Attempting to stop a fight between the animal and any other animal: 6.. Attempting to aid the animal when it was injured: or 1. Attempting to capture the animal in the absence of the owner with the exception of a police officer, Code Enforcement officer or other governmental animal control officer in the perfonnance of his/her duty. ,B,. A veterinary health care worker, dog groomer, humane agency staff person, professional dog handler, trainer or other professional acting in the perfonnance of his or her respective duties. G. 12. Exemption. Employees or agents of the City or any local, state or federal governmental entity, using animals within the course of their duties or employment shall be exempt from the provisions of this article. WheR the attaek eeetH"s eR the Eleg er eat 0v10er's ~remises, it fflay ee aft affumati;•e ElefeRse tlie Eleg er eat was ~reteetiHg s1:1eli ~remises er the resiEleRt ef s1:1eh ~refftises. Hev,re•,rer, wheR the attaek is agaiRst a ~erseR wae efiters tlie ewfter's er resiaeftt's ~remises ta e00El1:1et e1:1siHess er fer a seeial visit, er ey iRYitatieR ef tlie ev,rfter er resiEleRt, tliere is a ~riffla faeie ~res1:1~ti0H tliat tlie Eleg er eat was Rat ~reteeti-Rg its ~remises . f. For the pumoses of this Chapter, a person is lawful upon the premises of an owner or keeper when such person is on the premises in the perfonnance of any duty imposed by law or by the express or implied invitation of the owner of such premises or the owner's agent. Impoundment, Any animal which has caused injury to any person or animal or which has unprovokedly attacked any person or domesticated animal or which has approached any person or domesticated animal in a terrorizing manner or apparent attitude of attack may be seized and impounded as provided for in this Chapter. If, after making every reasonable attempt to seize such animal, including the solicitation of assistance from the animal's owner, if such owner is immediately ascertainable and avai lable, the code enforcement or police officer determines that the animal presents a present danger to any person, property. or other animal, it shall be lawful for the officer to destroy the animal without notice to the animal -10 - hearing. The hearing may take place regardless of any pending municipal charge pertaining to the animal. The Court may order the animal to remain impounded at the owner's expense until final disposition of any pending municipal charges. The owner shan bear an costs of impounding the animal regardless of the results of any municipal charges. If the Court determines that it is not appropriate to order the animal impounded the Court may order the animal returned to the owner and to be kept under such circumstances as wiH ensure the safety of persons. property or other animals. Exception to 7-1-lQA and Conditions for Keeping a Vicious Animal. The ?':'11er of the vicious animal shan comply with an of the following cond1t10ns: ~ The owner of the vicious animal shall pay a pennit fee to be set by City Council Resolution. b.. Only one vicious animal may be permitted. ~ The owner of the vicious animal shall keep current the permit for such vicious animal through annual renewal. Such pennit is not transferable or renewable except by the holder of the pennit or by a member of the immediate family of such permitee. A vicious animal permit tag will be issued to the owner at the time of issuance of the pennit, Such pennit tag shall be attached to the vicious animal by means of a collar or harness which must he worn by the animal at all times. clearly visible. and shall not be attached to any vicious animal other than the vicious animal for which the pennit was issued. Q. The owner of a vicious animal must be at least eighteen < 18) years of ~ ~ The owner of a vicious animal shall present to the City Manager or designee proof that the owner has homeowner's or renter's insurance with a minimum 0($100.000 .00 for liability coverage which will cover any damage or iniµry caused by a vicious animal during the twelve < 12} month period covered by the vicious animal permit. f. The owner of a vicious animal shall, at the owner's own expense. have the vicious animal spayed or neutered and shall present to the City Manager or designee documentary proof from a licensed veterinarian that this sterilization has been perfonned . ~ The owner of a vicious animal shall, at the owner's own expense , within ten C 1 Ql business clays. have a microchip containing an identification number implanted into the vicious animal, The City Manager or designee shall maintain a file containing the registration Jll.lmbers and shall coordinate that list with the State, The owner shall QO!ify the City Manager or designee of any change of address, -11- - . from the property of the_ . a vicious anima_l ~s away_ I muzzled and either m a At all lime, >I'll: shall 1reep !ho v1c1ous an~ wjfu a loash no longer owner, !ho °"!v oncloSllll: or •ecurelv ka~ eiglttoon (I 8l veam of ,ecure ~~'c4') in longth hold by '®f'0 ootrolling !be animal. than foure~ -. ble of effect1ve_y c d ho 1s capa ___ -d age or ol er w h mav not be use · · stvle Ieas _es --· Ex!ensmn-or de,ignee 20 ·rv th City Manager fi d hall immediately not~e tolen, at-large, uncon ne , The owner ' ,iciou, animal 1s loo,o, s . any wav men&:ed . !ho ellClll !ha! !ho attacked, !lu:eatened, or Ill ner shall aJ,o ll<!llfv ha, mauled, bll!on; d animal or human. The ow . ous animal i, sold, ther domestica e_ . . the event the v1c1_ ano . or des1gnee m -the City Manager . d f o, has died. d di'P<l"L <L · 1 shall be eranle . . · mal or dog penru . . lying for a v1c10us am 5-25 EMC for such v1c1ous No person app 1 . nse pursuant to · Breeders ice aCamne __ animal. f!ho qwner, !he owner nimal is at the property o h animal shall be confined m • led Such Pen, kennel or fi ti IO'l P<I animal leashed •nd muzz. ~ of five feet (5 ') by Ion ,ee fi et (6'l in bcight and minimum dnnensm ooden sides ofal least ,,xe hall have • secure hm,sed, secure 11<!;-;j to the sides. Such 'lmrhlf fue oen or !he sides of • secure tc>Q an":,, •floor attached tQ the sides ~s than two feet (2 'J. and safe boll()lD JPl>eddod in the ground II<! le ed wjfu a keve<I w !be oen shall be e or enclosure iibill be •~ iY£II animal Dlll•I The gate of the oen AH s\Dl£\Ufes =1¢ &o lurus< All such ,ttuctures comhmabon look. . d builiwlg Wl!lat!ons: lean and sarntan, "th all zonmg an_ --·1 t d kent mac ___ -b <PlPPIY ""---j lighted and vent& H., ~· lil! animal may ~ must be adegµate v ge sheller illi defined betel!l, iructure that l>'OUld condition arui oroVI . in mw port of a house ors rnon In •!l<lil1on, rch natlo or ---·ts own YQJ ____ . kept on a ~. exit such building on LJ >l'hen !ho wjndow, •How the animal toy be kept in a house or struc~ are !ho ~ obSli!<le oo sw;h annnal ma n windows or screen doo The •= 11111<losure or when scree_ --. . th structure. -----are ooen imal frpm exrtmg J ,-on the owner oteYelllmg !hof bi, Chanter mav be wa1Yed "\a1 Judgo lhat bei,ausc reomrement Q i' the satisfaction of the Mum~ lh• oimer is unablo lg demonstrating o nts, or ilie lack of a var • be leashed and of homeowner coyena h animal must however, onstruct an enclosure. I e on the owner's property. c d h eyer outdoors u muzzl<uva o tbe owoer's property t t each entrance L · lettered and The ower shall oos 'a. SPiCYl!llli, reflec11ve. . . b (8"l 1 · where !he anima=:.:i;;: sign of at leas~:,b~ clearlv _ lemble w,,. bich shall comam the w ' hes r~·, in by ten mches O O ln ! in lettering at least two me -12- L L ~ Failure to comply with any of these conditions shall result in imooundment and dispo si tion pursuant to 7-IA-10, Section s E, F & H, of th is Chapter for such vicious animal. Euthanization. Upon a conviction of vicious animal, the Court, in addition w the requirements set forth in this Chapter and the penalties set forth in the Code may order that the an imal be euthanized by or under the supervision of a veterinarian . Authority for immediate destruction. Nothing in this Chapter shall be construed to prevent the immediate destruction of any vicious animal when deemed necessary in the interest of publi c safety by the City Manager or Safety Services Department personnel. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes delet ing Title 7, Chapter 1-A, Section 11 , of the Englewood Municipal Code 2000, in its entirety. 7 IA 111 Destr11etiee Hearieg. A Wheae1t'er the eaaE*!et af aay 00g er eat has res~dtea ia twa (2) eaevietiaas af affeeses preseri0e0 ie Seetiae 7 lA lQ BMC withffl a eaeseel:ltiYe twa (2) year peri00; er is respaasiele far iBflietieg 0eath er grieval:ls 000ily saRB l:lpae a ftl:l:ll'lae 0eieg, the City af Baglew000 may initiate a hear.ng ie the Beglew000 Ml:lfHeipal Cal:l:Ft petitia!Hftg tsat 00\:1:ft fer aB 0r0er af 0estfl:leti0e af that 00g er eat. B. ~Jatifieatiae 1.vill 8e givee ta the 00g er eat 01Jlft8r, as the 89F8e8 reSp088eftt , af the heariftg 0ate, plaee, aa0 tiree ea later th&R fifteee (15) 0ays prier ta the searieg. Tftis eatiee will 0e aee0repanie0 with infef!Batiae ae wftieh the hearieg is 0ase0. G. Bfteept as atherwise pr0Yi0e0 hereia, the hearieg will 0e e0e0l:letea ie aee0r0aaee with tse pravisiees ef Seetiae 1 1 Q l B~IC , eatiee ae0 hearieg pr0ee0l:lfes . The City e f Beglew000 will haYe the 8l:lr0ee ef pre Ying the allegatiaas 8)' a prep080eraeee a f the e¥i0e9ee. T he resp0e0eat is eatitle0 ta 0e represeatea 8)' eal:lB sel at resp080e8t1s e Kpeese aB 0 h as the right ta erass eKami Re aft)' witaess ealle0 8)' the City, the right ta preseBt witaesses aa0 eYi0e9ee , aR0 ta testitY er aat. I). The Ml:lfHeipal Cel:lrt 1Nill 0etermiee at the hearieg whether the aeg er eat, 0eeal:lse af its 'lieiel:ls prepe8sities, prese8ts elear er preseet 0aager ta the safety ef the eitizeBS 0fBeglew000. \VA.ea the 00g er eat has 0ee8 the sl:lejeet ef twa (2) eee·,·ietie8s ef attaek eet Fesl:llti8g iB 0eath er grie'lal:ls 000ily harm, er preperty 0aFBage ef fi.1,1e ftl:lfterea 0ellars ($5QQ .QQ) er mare witfti8 a twa (2) year peri00, er it is resp08si0le fer ieflieti8g 0eath er grie,·et1s 0e0ily haFFB t1pea a hl:lFBa8 0ei8g, there is a presl:lFBptiaa the 00g e r eat has Yieiel:ls te90e8eies a80 prese8ts a elear a80 prese8t 0a8ger te tke safety ef tke eitize8s ef BRglewee0. Thts prest1reptiett eae e8ly 0e reht1tteEI 0y elear a80 eettvi8eiRg eYi0eRee te tke eeAtF&F)1• Upe8 the eet1rt's 0etef1Bi8atieR that tke eeg er eat preseRts a elear er preseRt eaRger te tke safety ef Begleweee eitiJMtHs tke eel:lft wm ereer the City te aestrey tke eeg er eat farthwitk . -13- E: If the Eleg er eat is aet eeafiaeEI ey the City, the City ffi&y petitiea the ~agle1NeeEI MIHlieipal Cel:H't fer a fertw.Yith erEler te eeafiae t-he aaitHal peaEliag the e:ateeme ef t-he Elestnletiea hear.Bg, aaEI t-he easts ef saiEI eeafiaemeat will ee assesseEI ey the Mwueipal Cel:H't at the terminatiea ef the heariag. Section 4. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the pwposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 8. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 8th day of January, 2007. -1 4 - I Published as a Bill for an Ordinance on the 12th day of January, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 8th day of January, 1007. Loucrishia A. Ellis -15- ·• City of Englewood AGENDA ITEM 10 (b) PUBLIC HEARING ROSTER DATE: February 5, 2007 Public Hearing to gather input on Council Bill No. 3, amending Title 7, Chapter 1-A of the Englewood Municipal Code relating to vicious dogs and cats PLEASE PRINT NAME ADDRESS r,+v J '5 HA Iv NA \• .. _,, J -,~ Q_~ (')LL {tn / •1 Le_ (?,.. j OUWKJ''f 1= y F W'c~A~;::· 57' .. 1 s Lo,1'o..J • I ( ' '\. I ( • # • L..... ., NAME ADDRESS ,/J?2J_ I '.> . ·f , ·[;,_ (. G1 u (.,± cvl P~ (k 21 S, l Dj Ctvt S-f the, /&u~Qf} f?(J//3 ~ c·_...i,A C..--// ("';,, /, // 7 ~~---Y---1.;~~~~~~~~~~ ;t r;.. f6CJ 2 /u 8" II 0 I . . . tJqMe M~re~s " I Marshal/ Royer SSS W 0;,<{-ord ltve c::£A,u« ~v-tTIOi\l 3avv S:-c:1 . r: k N £LL iouo 8() ll s. ' I\ I• " 60113 ~ A. m ·,e_, We 'j e (\e..' Po Bo)l /I~ 11 ~D I s I v< ~~ f2~ .2334 4Jbc~ G&~l9-fOllV I I Ii ~ C,/J'f, J-YYi w . J.1/':,,A,: ~""J'1 itJ tiJ Y111 <f;,,f "1- C/55 W ox{t,ro/ I : /(adten f>malwdtr 1995 S . [1/awa re <go110 J ~.«./ ~kd t \ I I 11 . L ,~ d=--\--"°-r + ll3S"z... S 9o"'"'~ '.) J,., ..,;,._J ,&o {I~~ J ' PROOF OF PUBLICATION TIE EIGLEIODD IERALD STATE OF COLORADO § COUNTY OF ARAPAHOE I, Christine Moser, do solemnly swear that I am the President/Publisher of TIE EHLEIIII IEIALI and that same is a weekly newspaper pub- lished in the City of Littleton , in the County of Arapahoe , State of Colorado, and has a general circulation therein ; that said news - paper has been published continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered in the Post Office of Littleton, Colorado as Second Class Mail matter and that the said news- paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30 , 1923, and entitled "Legal Notices and Advertisements· and other acts relating to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper, once each week, on the same day of each week, for a period of _J_ consecutive insertions and that the first publication of said notice was in the issue of said newspaper dated ~~ I;-. 2007. The last publication of said notice was in the issue of said newspaper dated 'iA..M-tllut'f' I h . 2007 . ~ Signature of President/Publisher Christine Moser Subscr ibed and sworn to Signatu re of Notary Public CHERI A. PETERSEN NOTARY PUBLIC STATS: OF COLORADO ----· My Com ,.,. • j PUBLIC NOTICE CITY OP l!NCJLEWOCIO NlfflCIO, ~--.............. ..-.... -~-.. -f//1........,, CGloNIII, ............ ,.... ............... _c.-11 ....... anhiMLWUl,al7,11 7111 p.111, In .. ..,.,.... CllallMl9 fl/I ........ Clwlc c..r, 1•11:r: ........... .. !ii• IMUlftllCI' fflla?,IIW IM1-A. ••11~•111DNL --.amn.a ...... UTI", CaDIIICL a&. ND. It .................... ..-............ ~ ... ..... .......... .,.. .... ....... .., .. Clly Clalll illr 1:00 p.a • ,--,1,ao?. ~ ...... .. ...... ...._ ...... ..,_ .. CllrCll!tl'e OIIN, m.nu.l ....... .-1 .......... ... ,__..,n •• 111114' ...... .. ................ ., ... .. .. ..... ... Cllf CGullcl. LAIUlfllllla A. a.. me CllyCllfll Cllraflql .... . 1•••• ... ........ I 1· Hd,~11111 ...• :....,11.- IN8l.lWOOD taM.D ..... •• I -1 '·1 Y 00 Oc . /Ofr . .. ~6 Which Dogs Bite? A Case-Control Study of Risk Fa~rs {Jjl)P~ Kenneth A. Gershman. MD. MPH-; Jeffrey J. Sacks, MD, MPHt; and John C. Wright, PhD§ ABSTRACT. Objtctivt. Dog bites caus« an estimated . 585 000 injuries resulting In the nttd for medical attention yearly and children are the most frequent vic:tim1. Thi• study sought to determine dog-specific factors indepen· dently associated with a dog biting a nonhousehold member. Mdlrods. A matched case-control drifgn comprising 178 pain of dogs was us«d. Casa were s«lectecl from dogs reported to Denver Animal Control in 1991 for a flnt•blle: episode of a nonhousehold member In which lhe victim received medical treatment. Control, were neighborhood-. matchtd doge with no history of biting a nonhousehold member, selected by modified random-digit dialing based on tl(e fint five digits of the caae dog owner's phone number. Case and control dog ownen were lnteffiewecl by telephone. R,sults. Children aged 12 yean and younger were the victim• In 51"" of caHS. Compared with controla, bitin1 dogs were more likely to be German Shepherd·(adju1tecl odds ratio (ORa) = 16.4, 95'1. confidence interval (0) 3.1 to 71.4) or Chow Chow (OR. = 4.0, 95'1.· a 1.2 to 13,7) predominant breed1, male (OR. = 6.2, 95'1. Cl 2.5 lo 15.1), unneutered (OR, • 2.6, 95'1. Cl 1.1 to 6.3), realding In • hous« wllh ~1 children (OR1 = 3.5, 95'1. a 1.6 to 7.5), and chained while In the yard (OR. = 2.8, 95'1. a 1.0 to 8.1). Conclusions. Pediatrician, should adviae parenta lhat failure to neuter a dog and Hlection of male dogs and certain brttd1 such as German Shepherd and Chow Chow may increase the ri1k of their dog biting a nonhoUHhold member, who often may be a child. The potential pre- ventabillty of this frequent public heallh problem de- serves further attention. ·Ptdiatrics 1994;93:913-917; dog bitt, q,idnniology, risk factor. 4 ABBREVIATIONS. DMAS. Denv~ Municipal Animal Shelter; Cl. confid~nc~ int-al; OR. QC:lds ratio. Dog bites are an underrecognized public health problem.1.2 Every year in the United States, dog bites cause about 20 deaths1 and an estimated 585 000 in- juries resulting in n·eed 4Pr medical attention or re- stricted activity .• Child?en are the most frequent victims .2·,.., A survey of 3238 Pennsylvania school children determined that by, 12th grade, 46% of stu· dents had been bitten by a dog and 17% had received medical attention for dog bites.10 Among children, From IM 0 0ivi1oon of F..td Eptdffluo~. Epidfflliology l'tognm ()HI«, CffltPn lor o;.,.,w Co,,IT'ol and l'ffvnallOn, Alt.nta. CA; ~ Cffllff for lnfU,Y !wvfflt""' •nd Co,,tiol, Cna-f.,.. ~ CClfttl'UI and ........._. hon. All•nta, C A: and~-of l'lychology. Mffcw Uniwnity. 1400 Cowman Av•. M«on, C A )1207 R« ... vfd for pubhcation Aug 211 . 1911), ~ Nov 10, 19'l. Rrpnnl ''"I'"""'-ID lk A C I •• PffV"' add,_ DI-ol DINeM C.nool a nd Env11Vftfflffltal Ep,dffl,oology. Colotado 0.,,.-1 ol HHlth. 4lllO Chffry C _., Or StMh, °""""· CO l0Ul·1Sl0 1'£01AT1UCS C OOJI I Copyncht e 1"4 by llw AMfficM And• "" o1 rtc11atnn dog bites frequently involve the face,2 resulting in se- vere lacerations.11 Dog bites may aause infection, 12-1 4 cause disability,15 ancf incur substantial rosts.15 Dog bites may be chanc:teriz.ed according to the dog, the victim. the dog-victim interaction, and the environment. Dog-specific factors associated with biting include breed,1"""· ... 19 pnder,"'·'7•11.20 age,"'7 and size.2.17.2111 These previous atudies, however, have been potentially flawed by the choice of the compari- son group or by the lack of a comparuon group. For example, several studies med limNed or registered dogs as the denominator for tn.nte c.alculations or as a comparilon group.~11 Ucemed or registered · dogs are unlikely ~be tlve of the .entire · dog population. A • none of these studies have UMd multivaria• ,,_ lo auess the inde- pendent contribution of bllie-nlated factors while controlling for the poemllally confow\ding'effects of other fadon. We conducted a ma~ caN-COntrol study to de- termine dog-spedfk factDn Independently associ- ated with biting a pel99ft who wu not a member of the dog's houlehold. '111e-ldmtlflc:ation of such fac- tors, esped.allymodifiableona, could help reduce the number of dog bite lnJuda. MlilHOOS Study P.,..iatlon We lclenlllled ~ (caa) ha all 1991 ~ to the Dfflver Municipal ..... CDMAS), the animal control agency for Dlllftr County ....... -Wlft clop reponed to DMAS in 1991 far lllllng a a '1 1t 11 _._ and whoN victim ....... IMllkal b C •,....._an the bite report. We exduclad clop II..,. W ..._ a ~ IMIN,ff beforetheNpOitld 11111111 IWl .._-..n, bl~. may haw dl8npd q aw~ 1 M \ •w. and training. and beau. clop diet•: lillt .. lllllp ID be fflNWtd from the houNhald. We • D C C ,-. •-than one dog wu involved In the I* ............. W Mn owned for <6 month, before the NpGitllll ...... ...--not a DtnVft' County....._,• the owaa'a I s I ..-r was not listed on the bitw repart. To idenllfy allllnll clop (au I WI C dlip) fram the Mmt ~ graphic ........... _ ....... lftdlgttl ol the phorw number of lhe--cl ............. .-domiad the lat two digib. We tllal calld ta a at rt·_. •. .._..control dog wu found. We .................... .,they had bitten. noMOWlllald ............... 1,p the DW1lff aftff July 1991 ,.., .......... , ........... ). Jlor ~Id• with multiple dop, wt ea 1 a-, ..._. -far putldpation in the ttudy. We we:-.d r.•s ,Mar .._ me and cont,ol dogs throup .......... pt I I :..auliawaaf dleOWMft, conclllffld by tninld ..._,law .. ,,_ .. 11 Jh a 5larwy Unit ol the Colondo ~-1rtfll ....,._..._.,,..Med to demmine ftitibWly • ....... ...., •a =::: lnlrnio.m Wffe not.,..._ •aa•....a--.. ,n Wlft aware ol the ...... ,... ., .. .., ... -., any lf"Cilic wdy cru• .. DM. We~ 11:f 2 +•4 dw dos'• charac· ' tu tl'ri!ltics (bfftd, srx; age, wright. nruter status). huusr and outdoor rnvlmnment, d iscipline and tra ining. ~havior, and owner's dog· l't'ilring practicl'5 . We define-cf predominant bfftd as whatever brerd the ownrr considered 1hr dog . If the ownl'f specified only one brttd, wr asked if 1hr ~og was purebred. If 1hr owner mrn- tioMd more than one brred, we asked which brttd they consid· erl'd predominant. We abstracted DMAS bile reports for the age and sex of thr victim; the location, srverity and circumstance of the bite; and licensr and rabies vaccine status. All data wrrr double-keypunched to ensure accurate data entry. Statistical Analysis · We performed univariate aMlysi s of the results with the usr of SAS statistical software for personal computers.11 We used the McNrmat's lest to compare categorical variables and the Wilcoxon rank !lum test lo compare continuous variables. We used EGRET !ltali!ltical software for personal computrrs22 to perform multiva- riak!. conditional logistic fegft'S.~ion analysis. Thr initial (full) model included meaningful variabll'!I !lii;nificanl at thl' P s .05 levrl in univariall' an,,ly!li!I, a!I wdl .1!1 !ll'veral variabll'S of a priori · inlefl'!lt that approached significance. We tested the addition lo the full modrl of individual effect modifirrs (interaction terms) that might ~ epidemiologically ml'aningful with a likelihood ratio ll'!lt . We used I stepwisr, backward, variablr-srlection procedure based on the likelihood ratio trsl to determine the order and extent of variable deletion. In addition, we rrstricted thr final model to matched pairs in which the bite victim was Sl2 years of age, the median age of bite victims in this study . RESULTS Of the 991 dog bites reported to DMAS in 1991, we identified 357 potentially eligible cases from bite re- ports (representing approximately 94% of all poten- tially eligible cases in 1991; due to filing problems at · DMAS, the other reports were unavailable). Of these, 114 (31.9%) owners were unlocatable by phone (non- working phone number, owner had moved, no an- swer, or owner not there on repeated attempts), 33 (9 .2%) were ineligible (dog had previously bitten a nonhousehold member, dog owned for <6 months, owner said no bite had occurred , or owner was not a Denver resident), 10 (2 .8%) owners refused to be in- terviewed, and for 22 (6 .2%) no control was found. This left 178 cases (50% of those identified as. poten- tially eligible; 18% of all reported dog bites to DMAS in 1991) that we included in this report with their matched controls . The median age of th e bite vict ims of case dogs was 12 years (range, 1 to 83 years); 64 .7% of bite victims w e re males. Tbe anatom ic loca ti ons of b ites were as follows : 62 (34 .8%) upper extremities; 51 (28 .7%) lo wer ex tremiti es; 41 (23 .0%) face, hea d , o r n eck ; 15 (8 .4%) trunk; and 9 (5.1 %) some combination o f ex- tremities and trunk. Of the 83 bite victims s12 years of age, 33 (40%)"were bitten on the face , head, or neck. Although not standardized , bite severity was indi- cated on report forms for 135 (75.8%) incidents; 103 (76 .3%) of these were minor bites and 32 (23 .7%) w ere recorded as severe, Bite report forms indicated w here the bite episode occurred for 101 (56 .7%) of the in ci- dents. Of these, 51 (50.5%) took place on the sidewal k, s treet , alley , or playground (no further characteriza- tion of these location s in relation to the owner's house was made); 30 (29 .7%) in the owne,s yard ; 14 (13 .911J.) tn the owner's house; and 4 (4 .0%) in the victim's yard . Data o n whether bit~ were provoked was not sys- tematically recorded on bite report forms . Dogs predominantly of Chihuahua, Golden Re- triever. Labrador Retriev r. Poodl , Scottish Terrier, and Shetland Sheepdog breeds were more common among nonbiting Ulan among the biting dogs (Table 1 ). None of the cues and only. one control dog was a Pit Bull Terrier (new ownership of Pit Bull Terriers has been prohibited In Denver County since 1989). Dogs predominantly of German Shepherd, Chow Chow, Collie, and Akita breeds were substantially more fre- quent among biting than nonbiting dogs. The total numbers of dogs predominantly of Collie (n = 9) and Akita (n • 5) breeds were small compared with the total numbers of German Shepherd (n = 47) and Chow Chow (n = 40) predominant breed dogs; there- fore, subsequent breed analyses focus on German Shepherds and Chow Chows. Several dog characteristics were associated with biting (Table 2). Biting dogs were significantly more 1 likely than nonbiters to be Chow Chow or Gerrnal),.. Shepherd predominant breed, male, not neutered, >50 pounds, and <5 yean of age. · Several environmental facton were also associated with biting (Table 2). Biting dogs were significantll more likely to reside in homes with one or more chi - dren slO years of age and to be chained while in the yard. Of the 8.3 dogs chained while in the yard (cases plus controls), 44 (531)(,) had growled or snapped at visitors to the house. This behavior was also reported, however, of 116 (441') of 263 dogs not chained while in the yard (P • .20, ,i' test). Among measures of diadpline and training (Table 2), biting dogs were signlfkantly less likely than ~n- biting dogs to have been di!dplined by a takedown or strin~ maneuv~ sotnetimes used to · discipli dogs with problems); however, only ff# dogs were · plined by these methods. Only ve dogs (four CINI and one control) had re- ceiy guard or atta~ training. No measures of ag· e behaviors or obedience were significantly as- sociated with biting (Table 2). T AILE 1. Predominant llreed"t Diltribution of 178 Biting and 178 Nonbitlng DDp. DfflYII', 1991 Predominant Breed No. ("l P Valuei .. Nonbiting DDp ~ Akita ' CU) 0 (0.0I .06§ Chihuahua 2 (1.1) 6 (J.4) NS ChowChow 31 (17.4) 9 (5.11 <.001 Cocker S,,.niel • (4.5) 10 (5 .6) NS Collie • (4.5) 1 (0.6) .04§ Doberman Plnacher 6 0.4) 5 (2 .AI NS Cennan 5Mpherd 34 (19.1) 13 (7.3) <.01 Colden Retrie¥ff 2 (1 .1) 13 (7 .31 .01 Labrador Retrwwr ' (5.1) 14 (7.9) NS Poodle (llllndard) 4 (2.2) 14 (7.9) .03 Sc:ottilh T Iffier 3 (1 .7) 7 (3 .9) NS Shetland Shftpdog 2 (1 .1) 6 (3.41 NS Unkllowft 11 (10.1) 18 (10 .11 All other blwds 46 (25.8) 62 (34.11) Total 171 (1 00.0, 178 (100 .0) 914 C A -CONTROL S1\JOY O RI FACTORS POR DOCS ll'Tll'C • TABLE 2. Chuactl'ri~tics of 1711 Biting and 178 Nonbiling Dogs. Offlver, 1991 Varit1bll' ( l,·111,1.~r,111/ril'~ l'n't111min,1nt brl.'t'dt Cht1w Chow Gl'rman Shl'phl'rd Mal l' Sl'X A,:l' <5 yl',US Wl•ight >50 I~ Not nl'Utt'R'd Not purl'bn'\I I /1111$f'/r1u,ir1111mml Got as strav Got fri1m pet stun• 2: I child in housl~ ~ 1 othl'r doi;s in huust• >II h/d in yard Ch.iined whill' in yard Di~irlinf'/lrni ni11~ Evrr wrnNo ob1.'dirnce ,ichool E Vl'r trained at hoffll' Evl'r guard/attack-trained • Ever disciplined by takedown/stringup!I 8d1a1•iur Ob<..Jirncl' score :s 31 Ever nipped household member Evt'r bit household member Ever growled/snapped at visitors Barb exct"Ssively at passers by Ou•nf'r l,('h,wior Not licl'nSl'd in past yl'ar No rabil"S vaccine in pa st !'ear Rcgistl'red with AKC/UKC .. Frmalr dax~ 2: 1 lilll'r No./Total No. C~>- Bit ing Dogs Nonblting Dop -· ·--·---· 28/128(22) 9/156 (6) 31/131 (24) 12/159 (II) 136/178 (76) 91/1711 (SI) 106/177 (60) M/177(47) 94/169 (56) 68/174 (39) 100/176 (57) 52/177 (29) 97/171 (57) 81/172 (47) • 15/177 (8) 8/176 (5) 9/177 (5) 8/176 (5) 102/178 (57) 53/171100) 70/178 (39) 55/1711 (31) 88/173 CSU 60/162 (37) 55/174 (32) 211/171 (16) 21/175112) 34/174 (211) 45/178 (25) 32/1T1 (11) 4/174 (2) 1/1T1 (1) 5/173 (3) 14/1T1 (II) 70/173 (40) 50/169 (30) 47/178 (26) 46/1T1(26) 19/177 (11) 18/171(10, 90/178(51) 74/171 (4,2) 14/178 (8) 11/171 (6) 86/172(50) 40/170Q4) 33/176 (19J. 16/173 (9) 34/170 (20) 31/173.01) 19/40 (47) 8/116 (9) Matcht'd Odds Ratiot C95~ en ----·-.. ·--.. 5.S (2 .1-14 .21 3.4 (H,-7.61 3.0 (1 .9-4.8) 1.7 (1 .1-2.7) · 1.9 11 .2-3.0) .3.5 (2 .2-5.7) . 1.5 (0 .9-2.2) 2.3 (0 .9-5.9) 1.1 (0 .4-3.1) 2.7 (1.8-4 .2) 1.4 (0.9-2.t) 1.6 11 .0-2.6) 2.4 (l .4-4.0) 0.6 (0 .3-1.0) 1.6 (0.9-2.6) 4.0 (0.S-30.3) 0.3 (0.1-0.9) 1.5 (1 .0-2.3) 1.0 (0 .6-1 .6) 1.1 (0.6-2.2) 1.4 (0 .9-2.1) 1.3 (0.6-2.8) 3.3 (2.0-5.3) 2.5 11 .3-.5.0) 1.2 (0.7-2.0) 7.011 .2-42.3) • Total!. m,1y vary for diffl'rent variables because of missing data or for predominant breed bacaae ol mutually exclusive catt'gorin, t Odd~ ratios arl' from matchN univariatt' analysis. Cl dfflc>tft confidence intenal. i Owners were askro what brt'ed they considned their dog; if 11101T than -blwd w= t1wf wee lllbd which bl'ftd they con sidl'red to be predominant. The ·uMxpowd" or ~f""11Ct' group of 100 biting and 147 dap lumaipmed of all dogs f« which the owncr d id not mmtion Chow Chow or German Shepherd as OM of tM brftdt; Alcitu ~ are Included. Chow Chow-German Shepherd and Germa n Shepherd.Chow Chow ml11es a~ ncluded fTOm IM analyl& § C hildren :s lO yun of a,:e . II A "t.i kroown" i;.~finro as pinn in,: a dog to the floor/ground on its beck while holding It by the eawll ol 11w neck . A "stringup" ii J efi nl.'d as li ft ing-a dog off the 11round by it!l chain. 1 Obl'dicnct' !l<'Ofl' is the sum of one point each lor a dog regularly on COIIIIMftd : 111*'1,...,.., cmilns ID OWftff, lying down, and walking on its l~uh without pulling; maxi mu m ~ • S points. · I ~ •• America n Kennel Club/Unitecf Kmnel Oub. Among cases. the owners' report of licmse and vac- cine status compared with information abstracted from the DMAS bite reports showed s u bstantial dis- agreement. Current licensu re was confirmed by the bite report for only 44% of ca~ dogs which th e o wner reported as licensed in the past year; for ra bies vac· cination this figure was 66%. Nine factors remained in the multivariate condi· Ilona I logistic regression model (Table 3). Biting dogs were ignifica ntly more likely than control dogs to be German Shepherd c,r Chow Chow predominant br ids. to be malt•, to reside in a house with one or more children, and not to be neutered. Biting dogs wer also more likely to be chai ned while in the yard ; thi i tion reached borderline significance. Wh n w tri ted thi model to thole ca in which the bite victim wu a child S12yea rs of Age, elevated odds tatiaa ol limllr ar,plr• were obtained. The variabla for the OIDW OIDW pndominant brftd and for due not ..-.L llouu.._., wwe no longer llatil,. ~-=-....,w.~=e:~ OIICIJIIION 11\is ltudy of dos blea, WW believe, is the first to u a multtvaria11 a~ ID determ ine dog-specific facton independlnllf IIIOdlllld with biting. Our study ha NWl'al polllldal ....._dons. We Wffe able to rw:11 only hall ol ,a• Me ly eligible biting dog OWMn. 0. ...... ol Clllll '""" ~rttd bitfl to nonholahold ....._ Ill which victims 10Ught medk:a1 atllftdon II nat ve ol 111 bi We TABLE 3. Multivariate Models of Risk Factors for Dogs Bit· ing. Denver, 1991 Variable All A~l'S Victims s12 Yl'ars Old AOR• 95~ Ci t AOR• 95'!1. Cit ·-· ···--· ---. --·-·····-·---------·------- rrl'dominant breoot German Shl'phl'rd 16.4 (3.S-71 .4) 22 .1 (2.4-207.4) Chow Chow 4.0 (1.2-13 .7> 3.7 (0.8-18.4) Male 6.2 (25-15.1) 5 .3 (1 .4-19.8) 2' 1 child in house 3.5 (1.6-7.5) 6.9 (1 .8-26.1) Not neutel'l!'d 2.6 (1.1-6.3) 2.3 (0.7-7.3) Chained while in yard 2.8 (1.0-8 .1) 5.4 (0.7-39.4) No obedience school 1.9 (0 .i-4.9) 1.4 (0.2-8.2) Purebred 1.7 (0 .7-4 .0) 1.8 (0.5-6.9) Wl'ight >50 lbs 1.5 (0 .7-3.1) 1.3 (0 .4-4 .2) • AOR. adjuste!d odds ratio; adjusted for all other variables in the model. t Cl, confidence interval . * ,:i,e "unex~" or reference group of 100 biting and 147 non• blhng dogs, all ·dogs for which the owner did not mention Chow Chow or German Shepherd . as one of the breeds; Akltas and Collies are included. Chow Chow-German Shepherd and German Sh~herd-Chow Chow mixes ilre excluded from the analysis. restricted our study to bites of nonhousehold mem- bers, because bites involving the owner or owner's family may involve different scenarios, risk factors, and likelihood of reporting. The majority of re- ported bites appear to occur to nonhousehold members.2,10.12 .1~.20 . Although we did not verify the validity of reported bite _events, we used the victims' seeking medical at- tention as a surrogate measure of events likely to be real bites. To the extent that some nonbites may have been misclassified as bites, this would have biased odds ratios of true risk factors toward the null. If bite victims of certain breeds such as Chow Chow or Ger- ·---___ man Shepherd are more likelv than those of other breeds to repo-rt bites -or""to seek" medical attention, then the associations we found between biting and these breeds could be partly spurious. In contrast, it is extremely unlikely that bite victims knew their at- tacking dog's sex, neuter status, or whether children reside in the same house and based their decision to report the bite a~. seek medical attention on this in- formation. Thus(l~ese latter associations appear real. · We did not verify predominant breed as stated by _the owner; however, we ascertained breed similarly for both cases and controls. Because of small numbers, we were unable Jo assess in multivariate analysis whether breeds other than Chow Chow and German Shepherd (eg, Akita, Collie, and Pit Bull Terrier) were more likely to b ite. Additionally, we did not assess the _ role of the victim's behavior in dog bite events. Our findings are in agreement with previous stud- ie s wh ic h have ind icated that male dogs'·11·20 and G erman Shepherd s1.s .~.,~.,~ an? overrepresented amo ng biting dogs . O ur find ing that Chow Chow is al so a high-r is k bree d fo r b iting has not been p r eviou s ly re porte d . Ca n ine beha v io ral litera ture ha s, like our study, uggcstcd that intact males are mo re aggres si ve than n utert>d mat ,UJ • Unlike our findi n gs. however, the lit rature suggests t hat unneutered fema le d ogs may b I s hk ly to b11 than neutered fem ale do .1 1 We wer unable 10 further as ss tht rol e of having one or more litters as an independent risk factor ~or female dogs biting. The mcreued risk of biting for dogs residing in h?uses with one or !flOre chlldnn has not been pre- vtously reported. This ueodalion might be explained partly ~ dogs having greater opportunity to express protective (of the home, yard, or owner), possessive (approached while in po111e91ion of food toys or ob- jects), or fear-induced (approached, rea~hed 'for, or threatened) aggression• in the context of young play-. mates visiting with household children. Our finding that being chained in the yard may be ~ risk f~dor for biting is in agreement with prior stud- ies which have demonstrated that chained dogs ac- count for a substantial proportion of serious17 and fa- tal bites.3 A dog may be chalned as the result of ha"ving exhibited aggressive behavior which itself may be a risk factor for biting, nther than chaining somehow ca~ing a dog to bite. <;>ne meuure of aggressive be- havtor may be growling or snapping at visitors to the · h~use. Our ~ts, however, iliowed no. significant d1ffmmce in this behavior lor dogs chained while in the yard and those not chained, suggesting that chain- ing w~ not likely to h;ave been the result of aggressive behavtor. 1 An estimated 36.S" of American households o~~ a dog in 1991 for a total dog population of 53.S million. 21 Given the large numbers of canines and rhe magnitude of the dog bite problem, more attention needs to be devoted to the prevention of dog bites . Prevention strategies have been proposed which fo-c:us on vic:tims, dogs, and owners including: educa- tional programs on ~ behavior especially di- rected at dwdren, 8 laws for repalatlng dangerous or vicious dogs,JU1 and educational programs regarding responsible dog own~p.-.. The -effectiveness of thesettrategies hu not ban ·•1111d. Improved sur- veillance fQr dog bita ·ianeedN ·if-we-ere to under-·· stand better how to reduce the inddence of dog bites and n-aluate prevention efforta. Our study .euggesta that owners, through their se- lection and treatment of I pet. may be able to reduce t~e likelihood of owning a dog that will eventually bate. Further study Is needed IO confirm our findings, especially in other geographic -, where different breed propensities for bltlna may exist. In the mean- time, givell. the munben ol dog bites and the high proportion of vlctbnt who ue childl"ffl, we believe that the potential preventablllty of this public health problem daerves !urther 1ttllntlon by pediatricians and parents. Pediatriduwc:urnntly offer anticipatory injury prevention guidance IO parents.~ We urge pe- 'diatricians to allo advlle pannll that failure to neuter a dog and Nlection of male clap and certain breeds, such u Gennall Shepherd and Chow Chow, may in- crease the chancn of theta' dog biting a non household member, who often may be I child. ~ . ACXNOWLIDGMENTS We th.udl Or Eupne N .ii ... 1Jo,d ol the Denvf'I' Mu- nldpal A"'-1 Shllllr far p;u,· •as aD11 IO bite reports, Or IUchard HoffalN of* C:--0.,.,.,.nt of HHlth for gffl· «al IUppmt .......... lhe ...... Mlrde-jo Knsnow and a..-.. ...._ o/ 1111 N....a C:.. far Injury "'""'lion and Conllal. C.-. IDr ~ C--.. .... ._ ana'ysis (M.IC .) and dala p; I I C (I.H.) • 916 L n :o FRI FACTO FO DOCS ll11NG REFERENCES I . l.,u,•r EA . Whih• WC. l.a urr 81\. On,: l>ih"': • nr,:lttttd pml,,lrm in •«iJmt r..-vmtiun. A/DC. 1'1112:l:16 :202 -20I 2. H.rri, D. lmrrnto l'J, Olo.l'n B. Do,: bit~,n unr«ORnill'd t'piJrmic. /lull NY And MrJ. 1974~~'1111-1000 J . Sack., JI , S.Uin RW, Bonlo SE . ~ bitf'-rrla1N1 latalitin from 1979 lhrou,th l'MI!. /AMA. l'lll'l;U,2:14119-1492 4 . S....in OM. S..cks II . S.,nin RW . C.1u..-. al 11<>11 f•t•I injuriro in th• UnitNI Sta lC'!I, 14'116. Auid A""I Prtt•. 1'1'12;24 :/111~7 5. lll'n.an OR. Th• animal hitr rpidt'mic in B,lltimo~. Maryland : m i- and urdatl'. "'" f Pu/rlir Hnlflh . IY7R :611 :5ll)..S'l5 It . r•rri•h HM. Clack FB. Brab!lt D. Mork JF . Epidt'ffliology of dog bitn. PuM1t Hl'fllllt Rrr. 1959;74 :1191-90) 7 . B«k AM. lorin11 H, Lockwood R. Thr «oloi;y of dOJI bitr injury in St. Lou i11, Mi•M>uri . Pu/rlir Hrolllt Rtp . 1975:90:262 -267 II . Mmrr RM . 7_..hmcr RB. Moulthmp JI, Park« RL ~11., ...... nl .animal- t,;~ ca-in I.hr Unirt'd Statro. 1971 -1'"2. Arrlo Cnt •ron H(fl/tlt . 1977;32: '11,7-170 . 9. Morton C. Dn11 bitn in Norfolk, VA . Hn,/tlt Sn,• R,p. 1973;88 :~S 10. B«k AM. Jon ... BA . UnrrportNI dOR b1tn in child~n. P11blic Hn,//lt Rq. 1985:III0:3 l !i-nl 11 . K.arh1on TA. Thr incidrftCl' of l•ci•l in,urirs Imm dog blln. {AMA . 1'1114;251 :J2t,~)2f>7 12. Kizn KW. Epia<'miok111:ic and cliniol Hp«ts of animal bill' injuries. fACCP . 197'1:11:134-141 13. C.llnway RE . Mamm.1lt.n bitrs. f £~ M,,t. 1'187;6:32S-331 14. A11h.abaht.n RV. Cont• JE . Mammalian bill' wounds. Ann £,,,,,~ Mtrl . l<III0;9 :79-113 l~. S..rion OR . O,,Hofl JB. M\'dicol co,o •nd olhtt Hp«1t of d"!I bitn in BaltifflOtt. P11N1t Hn,/tlt Rrp . 1974:119:3:-:'-381 lit. Slpakow•ki NM , Bonnett BN , Martin SW. An t'pidt'ffliolollical inveti• 11ation into \hr rrported incidffl" of dOR bitin11 in thl' city of c .... Jph. C•n Vrl '/. 1'1119~10:9:17-942 • 17. 0.,nirl<' n . A "udy of d"!I t,;1.,. on thr N1v1jn rrvrv1tton. Public Htallh R,p. 1986;101:.50-'9 18 . Hannan.. S...,,, LA . Ollractfflllb ol llw hUlllln and pd population, in a11imal bit* lndclfflll l'K'lll'ftd at two Air FortY bA.n. ru~'" Hl'flhlt R,p . 1991;91:581)..514 19. Afflff Jll •m MD. Dag 11118 Ill 111N11 chlldm,. Ptdi,,lriN. 1'1'11;811: 5S-57 = 20. Wright JC, ~ bila: -owllld and stray dog~ dillPffllt? ""'"-· 1990;4:11 119 21. SAS-l'C it.in. 6.03. C,a,y. NC: SAS~. 1997 22 . EGRET !i!Allldcal Pldr.lp. S.tlll, WA:. !i!Alllticl and Epidm1iolOR)' RfWllffh Corporation; 1990 23. Bordwlt PL Aggftlllft llfhlwlr of ... bpi II companion animals: clulilkatlon and ""'-of .., ...,.,..uellw llatut and brl'lfd . Ar,,I Ani-1 El,_,, 1913;10:45-61 24 . Wright JC. N_.,_ MS. Claallkalloll of behavl« prot,wm, in dop: dllll'tbutlclNI ol ap. blwd. -... IWpl'llductivt llltut. Ar,,I Ani"' IJtlar, 5cf. 1987;19:16'-171 . 25 . O'Farnll V, l'whly I. lallavta.al lfllcla al ovarioh)'91ft'Momy on bllehe. I s-,, blltt Prwf. 1-,1:S&-N 26. llorchelt Pl. Volth VL Clallllcallall of lllilnll bl'havtor prablffllS. Vtt Clin Horflt Ml 5"'111 Air• ,-,, lta:12:971•5e 27. Wriaht JC. S.-. ..... IIJ' dep dlaraclllillkl ol "'* clop. tlw viic• • tinw. Uld 1M altlck llftlllp. l'wtlft,...... ..,. 1'95;100-.5~1 :za . llowul AN . c_,..... lllilMI ...... pldai 111d uriwanled allilNla Ill the UNIIIII Sta-.~ IW'J;5:m-ZZS 29. Wripl JC. CalllM ........ .._ peopll': blw IC'l'Nlrioa Ind p!Hiiltiull. V,t Q/,r Nwfll M .... Airllll ,-,, 1991;21~314 lO. G•illlf'-fw .,..,.,.., 0.,.-• V.... Dip. Washington. DC : ClllllpMUIIII AIIIINII ..._ _. Dlwtlllll el Hip« Ed*ation Pro- p-. H-llldltJof .._U.... ... ltl7 31 . Ladiwood "-llNI)' IC. Aft "Pll 1111" ...._, An analy,ia ol tlw l'it 1111 Tffltlr """'ouc.l). AAIIII l9;1:2 .. 32. TIPI': Tfw 1.;.,r, ,,_,,,.,, ,,._, a C-Vlllag•. IL: A.nfflnln Acadfffly of .......... IM ; TIME TO TiiROW IN THE TOWEL? .. England must take the credit-or blame-for the reinvention of boxing. The sport was a popular part of the Roman games but had vanished by the 5th century. It returned some 1200 years later, when bare-fist prizefights began ta be held in and around London. With help from 'the Marque,a of Queensbeny, .boxing tpread around the world , making money for a considerable number Of boxing pronioters and a smaller number of boxers. It is appropriate, then, that the British Medical ANodation lhould be actively involved in examining the sport. ·In i~ latest report, 77w Boxing Dtbll,, which wu issued last week , it repeats its call for a ban on boxing and asb for an independent i~µiry into its safety . ..:'·(lle briefest reading of the report should persuade ffBI boxing's pupouents of the need for an inquiry . In its appendix thereportprints1Nb'Ktsol1W81tl'8NKh on wt:iat happens to boxers after they have been batlend In the ring. For professional boxers, severa l studies mab unpleuant reading. OM using computerised tomography found 87 per cen t of boxers, in a ld\plt·of 11, lhowed evidence of brain damage. An other records that 15 out of 19 young boml •ter as impaired on a battery of neuropsychological tats. Particu larly d is turb ing are three s tud ies which lhow that chanpl mid In .the ' brains o f ex-boxers are immunochemically similar lo thole 111ft In Allhlimer's disease . That raises th e possi b ili ty that even bounwhomirefroilllthertaalalthy may pay the price in mi ddle age with ea rly ONlt of AlzhebNr'I dill If ., Time to throw 1n th* towt'I~ Ntw Scir,,/111 . June 19. 1993:3. Noted by J.F.L, MD ARTICLES tl7 ARTICLE Ill. DOGS Page 1 of 2- /blY ~ ARTICLE Ill. DOGS DIVISION 1. GENERALLY Sec. 5-21. Nuisances by dogs. No person who owns, harbors or is in charge or control of any dog shall cause or allow such dog to urinate , defecate or commit any other nuisance upon any public street , beach, thoroughfare or sidewalk, upon any mall , public square or in any public park , or upon any place used in common by the public, or in any place where people congregate , or on any private property without permission of the owner thereof; except that a person who owns , harbors or is in charge or control of any dog may cause or allow suchdog to urinate and/or defecate upon the vehicular portion of any public street , provided that said person picks up, removes and disposes of any defecation in a sanitary receptacle immediately after it is so deposited . (Ord . No . 1446/81 , § 1, 4-7-81) Sec. 5-22. Dogs on city-owned lands. No person who owns , harbors or is in charge or control of any dog shall permit or allow such dog to enter or be upon any city-owned mall , park , playground , square , plaza or grassplot. (Ord . No . 1660/88 , § 1, 4 -19-88) Editor's note: Ord. No . 1660/88, § 1, adopted April 19 , 1988 , repealed former§ 5-22 in its entirety , and enacted new provisions therefor. Former§ 5-22 was concerned with penalty provisions , and derived from Ord . No . 1446/81 , § 1, adopted April 7, 1981 . Sec. 5-23. Dogs not permitted in the park. No person own ing or being the custodian or having control of any dog shall cause or pe rmit such dog to enter in or upon the Ocean Beach Park or upon the boardwalk . (Ord . No . 17 18 -90 , § 1, 4 -3-90) Editor's note : Ord . No . 1718-90, § 1, ado pted April 3, 1990 , repealed former§ 5-23 in its entirety and enacted new provisions therefor. Former § 5-23 was concerned with penalties , and derived from Ord . No . 1660/88 , § 2, adopted April 19, 1988 . Sec . 5 -24. Unattended animals in vehicles . (a) It shall be a violation of this section for any person to place or confine an animal or permit such animal to be placed or confined or remain in an unattended vehicle without sufficient ventilation or under other conditions or for such a period of time as may endanger the health or well-being of such animal due to heat , lack of water or such other circumstances as reasonably may be expected to cause suffering , disability or death . (b) Any police officer, peace officer, public safety officer of the city or mmal control officer of the city , who finds an animal in a motor vehicle in violat ion of sub ection ( ) hereof, may enter a http ://libr ... muni ode . on m / View /I 434/1 /7 /81 /8_.hilitc )7 ARTICLE III. DOGS Page 2 of 2 motor vehicle without civil or criminal liability, to remove the animal. The person removing the animal shall take said animal or cause said animal to be delivered to the animal shelter or other place of safekeeping in the city . (c) In the event the owner or custodian of said animal cannot otherwise be located , the person shall leave in a prominent place on or in the vehicle a written notice bearing his name and department and the address where the animal may be claimed by the owner thereof. The animal shelter having custody of the animal shall make reasonable efforts to contact the owner and give notice that the animal is in its custody . (Ord . No . 1987/04, § 1, 6-1-04) Secs . 5-25 -5-30 . Reserved. htt ://li h 1111 I 11 .hilit Message Page 1 of 1 Lou Ellis From: Mike Flaherty Sent: Tuesday, March 27, 2007 10:02 AM To: Lou Ellis Subject: February 5 Vicious Animal Ordinance Public Hearing Speakers I need a copy of the names and addresses of the individuals who spoke at the Feb . 5 public hearing. If it makes any difference, I do not need the names of those who are not Englewood residents. To: From: Date: Subject: Memorandum Mike Flaherty, Deputy City Manager Jeanne Kelly, Records Management Clerk March 28, 2007 February 5 Vicious Animal Ordinance Public Hearing Speakers Listed below are Englewood residents who signed up to speak at the Public Hearing to give input on the vicious dogs and cats Ordinance at the February 5, 2007 City Council Meeting : Tavis Hanna Jeff Garner Janice Gerten Thomas Finn Lisa Sickles Dave Paschal David Brereton Lori Beauregard Charles Egloff Lisa Sahli Dane Stephenson Brook Dougherty Becky Deal Glen Searfoss Brian Verbeck David Weber Cynthia Searfoss George Carlson Suzanne Bauer R. M. Sutton Am ie Wegener Linda Hart 4420 Sou th Elati Street, Englewood 80110 4548 South Bannock Street, Englewood 80110 2820 South Sherman Street, Englewood 80113 2737 South Downing Street, Englewood 80113 4135 South Pearl Street , Englewood 80113 2800 South Delaware Street, Englewood 80110 4185 South Clarkson Street , Englewood 80113 603 East Amherst, Englewood 80113 3837 South Acoma Street , Englewood 80110 3543 South Emerson Street, Englewood 80113 3101 South Logan Street , Englewood 80113 4328 South Delaware Street, Englewood 80110 1241 West Radcliff Avenue, Englewood 80110 3297 South Downing Street, Englewood 80113 3215 South Williams Street , Englewood 80113 2800 South Acoma Street, Englewood 80110 3297 South Downing Street, Englewood 80113 4219 South Broadway , Englewood 80113 4499 South Huron Street , Englewood 80110 3044 South Cornell Avenue, Englewood 80113 P. 0. Box 11219, Englewood 80151 4352 South Pennsylvania Street, Englewood 80113 The following were unscheduled speakers not on the sign-in sheet: Joshua Lanzetta Carla Davidson Tom Highblood 3229 South Pennsylvania Street, Englewood 80113 550 Pennwood Circle, Englewood 80113 4870 South Delaware Street, Englewood 80113 Attached is a copy of the complete list of people who signed in for the Public Hearing related to the vicious dogs and cats . Some the people left before the Hearing began because of the late hour and some decided not to speak . cc : Frank Gryglewicz Print d on cycl d Pap r, · , i') > > City of Englewood AGENDA ITEM 10 (b) PUBLIC HEARING ROSTER DATE: February 5, 2007 Public Hearing to gather input on Council Bill No. 3, amending Title 7, Chapter 1-A of the Englewood Municipal Code relating to vicious dog·s and cats PLEASE PRINT NAME ADDRESS 1/rV I 3 H It AJ NA 'it/-,2..0 ~-£L4-rl ~. '-/5 • I ,f( , Sn i5Jtr1 ,1 t.•o:: S,;-- 9--S~o 5, 5h..R.~ 51 , Zrsl· 7· YowMiUJ ~ .• U ·1 .. -c:' ~ \ c ... : __ \ "Tlv~ 7) · \~c -.:_-;---.:::,\-· I Zfic )o ;.~. })a.A+<.'1A1;.E Sy . I t .. o W _( ··1:V"-; V '-' l,-11 , _,, NAME ADDRESS '{'.'2...) " > - --=:....t..~~~~~--\-=-"-"l-=-'2....:....' ~=----=::..:.....__--=.::: _ _:o-J~~--~' ""2. { J(.,. .-) Y:t?9 S !-ftJrr!fl , s-t 3/S 'JS 6tvP,c..1 Cf/\Q ~e._1....>CJ ocA ~ c) 11 0 '~ goo ~0//0 v ("" J70 113 g · II 0 ORDINANCE NO . SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE APPROVING AN "INTERGOVERNMENTAL AGREEMENT REGARDING COLLECrION OF SPECIAL ASSESSMENTS LEVIED BY SOUfH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT" BETWEEN TIIE SOUfH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, the South Broadway Improvement District was authorized with the passage of Ordinance No. 29, Series of 2006 by the City Council of the City of Englewood, Colorado; and WHEREAS, the District is authorized to impose special assessments upon real property located within the boundaries of the District to defray all or any portion of the costs of providing services; and WHEREAS, the District has adopted a resolution authorizing the imposition of special assessments on real property located within the boundaries of the District; and WHEREAS, the passage of this Ordinance will formalize the procedures by which the Englewood City Treasurer will collect the annual special assessments of the District and remit the same for deposit into the general operating account of the District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1: The "Intergovernmental Agreement Regarding Collection Of Special Assessments Levied By South Broadway Englewood Business Improvement District" by the Englewood City Treasurer, attached hereto as "Exhibit l ". T he Intergovernmental Agreement is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood . Introduced, read in full, and passed on first reading on the 5th day of February, 2007 . -1 - - Published as a Bill for an Ordinance on the 9th day of February, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forcgoina is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first readina on the Sth day of February, 2007 . Loucrishia A. Ellis -2- i I I i' I I . I I ! i I I ' I INTERGOVERNMENTAL AGREEMENT REGARDING COLLECTION OF SPECIAL ASSESSMENTS LEVIED BY SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT This Intergovernmental Agreement Regarding Collection of Special Assessments Levied by South Broadway Englewood Business Improvement District (the "Agreement") is entered into by and between the South Broadway Englewood Business Improvement District, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District") and the City of Englewood, a ________ _ (the "City") this 2.Q. day of Dece MB e." , 200 6. RECITALS WHEREAS, the City, by ordinance adopted in accordance with C.R.S. § 31-25- -1207, has declared the District organized; and WHEREAS, the District is authorized to impose special assessments wholly or in part upon real property located within the boundaries of the District to defray all or any portion of the costs of providing services; and • • . : •;,: ;. , ! '; .' \ ~ ~ ·1 i·.1 r· :::_; ~: :·· ·~~~-~ .:~ ~·, : r'· :. ; •• -~ , WHEREAS, the District has ~dopted .. ~ resolution authorizing the imposition of special assessments on · real, prop.erty Joc~tf;:cl . within the boundaries of the District for 2007; and · · · · · · · ' · · · . :·· ., . . '• .. . WHEREAS, a public hearing .. concerning . the imposition of said special assessments was conducted in .accordance with c:R.s.·.§ 31-25-1219(2); and WHEREAS, a copy ~fth~ res~lut{on autho~izing .the special assessments for 2007 is attached hereto as Exhibit A anci is incorporated herein .by reference; and WHEREAS , C.R.S . § 31 -25 -1219(2)(d) authorizes the "municipal treasurer" to collect said special assessments upon agreement of a municipal ity and the District; and WHEREAS, the Dis.tr~e:fs Qperati~g .Plan and Budget anticipates that the District will collect a special 'assessment in 'each year to fund the provision of services; and WHEREAS, the District's Operating Plan .and Budget states th at "[t]he assessment will be collected by the Englewood City Treas urer pursuant to an agreement to be entered into by and between the [District] and the Treas urer's Office"; and • ; • • : : !'.. ., ·'. WH EREAS , the Di strict desire& to enter into this Agreement in order to formalize th e p r cedures by whi ch th e ity Treasurer will collect the annual special assessments of th e i trict nd re mit th sa m e for deposit into the general operating account of the .. 1 . E X h i b i t 1 WHEREAS, the City desires to enter into this Agreement pursuant to C.R.S. § 31- 25-1219(2)(d). AGREEMENT The Parties now agree as follows: 1. The District shall annually, in accordance with the procedures set forth at C.R.S. § 31-25-1219(2), adopt a resolution setting the special assessment for the next immediately following calendar year (the "Annual Assessment"). The Parties acknowledge and agree that the District has adopted the Annual Assessment for 2007, a copy of which is attached hereto as Exhibit A. A. In each year during the term of this Agreement, the District shall be responsible for mailing the notice required by C.R.S. § 31-25-1219(2)( c) following adoption of the Annual Assessment. B. In each -year during the term of this Agreement, the District shall provide a copy of the resolution authorizing the Annual Assessment for the next immediately .following calendar year . (the. ''.Assessment . Resolution") and the local assessment roll required by C.R.s·. § 31~25~1219(2)(b)'(the ·,tocai Assessment Roll") to the City Treasurer no later than December 31st of the year in which the resolution authorizing the Annual Assessment for P1~ .next immediately following calendar year is adopted. · ·· · · · . . . . . ! ;. . . 2. In any year in which · an Annual Assessment is imposed by the District, the same shall be due and payal:>le without .demand on . or before the last day of April. The Annual Ass_essmen~ may . al~o .~.e p·aici i"· .twq , equal ins~allments~ the first installment being due on or before the last day ·of.February~ and the second installment being due not later than June 15. ~y· asses_snie~t· p~t pa~d .wh~~ ,~u~ shall b ~c°-rpe delinquent thirty (30) days after the due date and shall dJ.:aw . interest at the rate established pursuant to C.R.S . §§ 5-12-106(2) and (3), from ·the date .of delinquency until paid in full; provided that if the full amount of the ~sse~sment _ is paiq in ,a sing\e payment on or. before the last day of April, no interest shall ac;crue pn any amount .of the assessment.. • • 1 • • • 3. Following receipt of the Assessment Resolution and Local Assessment Roll, the City . Treasurer shap PFeP,ru:~. anq. rq<!.il . c_opection .notices to the owner and mailing addresses identified in .the Loc~I Assessment Ro~l.. .Each such collection notice shall set fo1th: A. The name of the property ow11er(s); B. The situs address; . . . , .. C . The amount of the Annu.al Assessment due and payable for that year; D . The due date of the ~ual.Assessment; and 2 ( E. A statement that checks should be made payable to "South Broadway Englewood Business Improvement District." The City Treasurer shall, in each year of this Agreement, mail the collection notices to those property owners identified on the Local Assessment Roll no later than January 31. Each collection notice shall also include a self-addressed envelope in order that the property owners subject to the Annual Assessment may arrange to remit the Annual Assessment to the City via regular U.S. Mail. 4. In each year during the term of this Agreement the City shall track the receipt of the Annual Assessments, and shall provide an accounting to the District of all Annual Assessments that have been received through at least the following dates: (a) April 30; and (b) June 15. Each such accounting shall summarize the Annual Assessments received through the date of the accounting, and include a list of property owners who have paid, or have not paid, the Annual Assessment through the date of the accounting. The City shall deposit the Annual Assessments received on no less than a weekly basis, by depositing the same directly into the District's general operating account (account no. 02341841004, Colonial Bank, 3501 S. Broadway, Englewood). 5. In the case of.a default ,in the payment of any Annual Assessment, the City Treasurer shall certify to the ;~~pahoe . ~o:~t~ ·1re,as11r~r the whole amount of the unpaid assessments, including any and all interest due and payable pursuant to paragraph 2 of this Agreement, and shall coordinat~ wiQ,i the. County Treas~rer to ensure that collection of any unpaid asses·s~enti qc~ur ~-~ ac~~rdaii~:'e \i•i~ ~e 0 :provisions of C.R.S. § 31-25- 1219(2)(d). , .: ·., . , ·, . . . 6. On or before August 1 of each year ,during the term of this Agreement, the District shall pay to the Chy one and. one-hal.f percent (1.5%) of the amount of the Annual , Assessment . collected by ,the .. Gity or . Two Thousand Dollars ($2,000.00), whichever is less, in· order to ·,d~fray tbe City'.~ .~osts . inc1µTed i~ performing its obligations under this Agreement.... : . , . .' . . ' . .. ; ·. . . '. . . . . . . . . . .· . ·. . . . : .. \ .. ·; .. . . . GEN ERAL I>;RO:VIS .IONS : • , I • , I •' I '. • ' : 0 ', ~ .t ., • I• ' , 0 ' • , 7. Term. Pursuant to the District's Operating Plan and Bud get, the District --. 11 •.••..• ),•,.. • will sunset ten years after it begin,s operatio!1-s in 20 _07, unle.ss extended beyond such term by petitions meeting the requ~rem~nts . o.f sta~~ law for . organi~tion of a new business improvement district, and such extensioi1 is approved by the City Council of the City. Therefore, this Agreem~nt ,shall . teq:nin!:j.te . o.n . D_ec;eml:>er ~ 1,, 2016, w1}ess extended by mutual agreement' of the P~~s·:. ·: , · · · · · . .", · · · . .·, .; ! .. ':' .. 8. Notices. All notices, demands, requests or other communications to be sent by one party to the other hereunder or.·requir~d by la~ shall be in writing and shall b deemed to have b en validly given or' se~ed by delivery of same in person to the addres or by courier delivery, via Federal Express or other nationally recognized overnight air courier service, or by depositing same in the United States mail, postage prepaid, addressed as follows: To the District: To the City: SBEBID c/o Grimshaw & Harring, P.C. 1700 Lincoln Street, Suite 3800 Denver, CO 80202 Attention: Marcus A. McAskin Phone: (303) 839-3800 Fax: (303) 839-3838 City of Englewood 1000 Englewood Parkway Englewood, CQ 80110 Attention: Finance Director Phone: (303) 762-2401 Fax: (303) 783-6896 · All notices, demands, requests or other communicat ions shall be effective upon such personal delivery or one (1) busiµ!!s _s day _after being deposited with Federal Express or ·other ·nationally recogri1zed overnight air'c01.frier service or··three (3) business days after deposit in the United States mail. By giving the other party hereto at least ten (10) days written notice th~reof in accorda,nce with the provisions hereof, each of the Parties . shall have the right from time to time to ~hange it~ address . . ·-· .. :'. . ..... ,: .. 9. Entire Agreement of the Parti~~: .. Thi~: wi·itten · Agreement constitutes the entire agreement between the Parties_ and supersedes all prior_ written or oral agreements, negotiations, or representations pnq ·und~rstan4ings_,of the· Parties with respect to the subject matter contained herein., ·· ·' · · · · · · · ; , • ; i '. I • ~ j ••, 1 ," : :·· '; _' ~ 10. Amendment. This Agreement rnay be amended, modified, changed, or terminated in whole or in part o_nly by'~ writtei{ agreement duly authorized and executed by the Parti e s hereto . · ·· · ' ·. · --· · · 11. Assignment. No Party hereto ··shatr assign any of it s r ights nor d elegat e any of its duties hereund er to ariy person or entity withou t h aving first obtained th e prior written consent of all other Parties, which consent will not be umeasonably withheld. Any purported assignment or delegation in violation of th e provisions hereof shall be void and ineffectual. · · '··· ·· · : .: 12. Governing Law and Venu e. ·Th is Agreem ent sh all b e governed and construed under the laws of t h e St ate of Colorado.: : · · = ·· • · ' . ' . '•,. ,. : 13. Parties Interested Herein. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or to give to, any person other than the District and the City any right, remedy; or claim under or by reason of this Agreement or any covenant , terms, conditions, or provisions thereof, and all the covenants, tenn , 4 conditions, and provisions in this Agreement. by and on behalf of the District and the City shall be for the sole and exclusive benefit of the District and the City . 14. Severability. If any covenant, term, condition, or provision under this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not affect any other provision contained herein, the intention being that such provisions are severable. 15. Countemarts: Facsimile Signatures. This Agreement may be executed in one or more counterparts, eac~ of which shall constitute an original and all of which shall constitute one and the same document. This Agreement may be signed by facsimile signature, which shall have the effectiveness of an original signature. IN WITNESS WHEREOF, the District and the Cit)' have caused this Agreement to be duly executed to be effective as of the day first above written. SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT ·., ;:?· ., .-::···. ·•• ... !:· ... ;:,,: . . ·., ,,, ·,, .. ; ·CITYOFENGLEWOOD· : . . . : .. ~: ~ . • • : • : : • ~' ; i : • '. ? ; : : i I i 'o •; • o i ~ \ : . ·.·.,.·· .. · .. :.B,'.·,p · .. · '-.,_·._,,_;,·:_ ... _;_,,_<_· __ •_.-:_ .. _,·._._· -------- : 1:.. :. : ; ·. :·. . • ~ : .• ·. . . : . • ' :•,,I ,',\, Attest: •i :,;i; ·, i . ... : .~ :·.1 !'.:.,: ·•;-, -.. ~: -,,-.,-.-. ---.• -.•. -~------------ : ; • : . • : f : :: .. ~ ... : •• ! : . . i • } . i• ; . . • . • · . .' • : • • ' : • , ~i .. i : ' • • •. By: Its: ------------·,,, ,•: .·: {; ··. :: ·, :'. •. '• .:· .,• ·.· .. : . l ~ ·. ! f •• : ; : :· .. ( : : . ] ....... . .. I• .I • 1 I I 11 . EXHIBIT A District Resolution Authorizing Annual Assessment for 2007 : [insert] i i ! : I i i l ' : I I I t : ii I· I . I (. SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT City of Englewood, Arapahoe County, Colorado A RESOLUTION AUfflORIZING THE IMPOSITION OF CERTAIN ANNUAL SPECIAL ASSESSMENTS UPON REAL PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT TO FUND DISTRICT IMPROVEMENTS AND SERVICES AS DESCRIBED IN THE OPERATING PLAN AND BUDGET, CREATING A LOCAL ASSESSMENT ROLL, AND PROVIDING FOR NOTICE OF ASSESSMENT TO BE MAILED TO PROPERTY OWNERS LISTED ON THE ASSESSMENT ROLL WHEREAS, the Board of Directors of the South Broadway Englewood Business Improvement District (the "Board") adopted a resolution on October 25, 2006 (the "October Resolution") setting the date, time and location for a public hearing on the question of the imposition of special assessments upon real property located within the boundaries of the South Broadway Englewood Business Improvement District (the "BID"); and WHEREAS, the public hearing required by statute was scheduled to be held on Wednesday, November 29, 2006, at 1:30 P.M. at Colonial Bank, located at 3501 South Broadway Avenue, Englewood, Colorado 80113; and WHEREAS, the October Resolution included the form of notice of the said public hearing, as required by Section 31-25-1219(2)(a), C.R.S .; and WHEREAS, the notice of public hearing was published once in The Villager, a newspaper of general circulation within the BID; and WHEREAS, an affidavit of publication is attached hereto as Exhibit A: and WHEREAS, the Board caused notice of the public hearing to be mailed by first class mail to all owners of property within the BID; and WHEREAS, the certificate of mailing of the notice of public hearing is attached hereto as Exhibit B; and · WHEREAS, no remonstrance petition objecting to the special assessments to be imposed by the BID was filed with the Board prior to or at the public hearing conducted on November 29, 2006;and WHEREAS, the Board did on November 29, 2006, at the time and place designated in said notice, conduct a public hearing on this matter, taking evidence regarding the substantive issue of the desirability of and the need for providing the improvements and services identified in the Bill's Operating Plan and Budget, and determining the special benefits to be received by the properties to be assessed, in accordance with Section 31-25-1219(2)(b), C.R.S ., at which hearing 11 interested parties were afforded an opportunity to be heard; and WHEREAS, the Board has fully considered the proposed methodology of calculating the special assessments and all testimony and other evidence presented to it in this m atter; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the South Broadway Englewood Business Improvement District, City of Englewood, Colorado as follows: Section 1. The fin , 0 'tlg for BID improvements and services (as set forth in the Operating Plan and Budget) will be raised through an annual assessment that will be based upon a combination of commercial land area and first floor commercial building square footage (the "Annual Assessment"). Second floor and higher building square footages have not been included as variables in determining the Annual Assessment. Based upon evidence adduced at the November 29, 2006 hearing, the Board has concluded that the assessment methodology set forth in this Resolution equitably distributes the costs of providing the improvements and services identified in the BID's Operating Plan and Budget, and will provide an equitable basis for funding the same in future operating years. The following assessment rates (for 2007) shall apply to property within the BID and shall be used to calculate the Annual Assessment (for 2007): Per sq. ft . of main floor Per SQ. ft . of Lot ofbuildinJ?: South Broadway Englewood Commercial Properties $0 .029 $0 .1 52 Section 2 . The Annual Assessment authorized by this Resolution is to be collected by the Englewood City Treasurer, pursuant to the BID Operating Plan and Budget which states that "[t]he assessment will be collected by the Englewood City Treasurer pursuant to an agreement to be entered into by and between the BID and the Treasurer's Office''. By agreement with the Treasurer for and in Arapahoe County, Colorado, the Englewood City Treasurer may delegate such collection responsibility to the Arapahoe County Treasurer. The Englewood City Treasurer sh all prov ide a copy of the local assessment roll to the Arapahoe County Treasurer on or before December 15 111 of each year prior to the year in which the Annual Assessment is to be collect ed. Therefore, the Englewood City Treasurer shall cause the local assessment roll attached to this Resolution as Exhibit C to be delivered to the Arapahoe County Treasurer on or before December 15, 2006. Section 3. The local assessment roll attached hereto as Exhibit C sets forth the Annual Assessment for 2007 for each property within the boundaries of the D i strict. In any year in which an Annual Assessment is imposed by the BID, the same shall be due and payable without demand on or before the last day of April. The Annual Assessment may also be paid in two equal instaJlments , the first installment being due on or before the last day of February, and the second installment being due not later than June 15 . Any assessment not paid when due shall become delinquent thirty (30) days after the due date and shall draw interest at the rate e tablished pursuant to Section §5-12-106(2) and (3), C.R.S, from the date of delinquency until paid in full ; provided that if the full amount of the assessment is paid in a single payment on or 2 before the last day of April, no interest shall accrue on any amount of the assessment. In accordance with Section 31-25-1219(2)(d), C.R.S . the collection officer shall certify to the Arapahoe County Treasurer the whole amount of the unpaid assessments in the case of a default in the payment of any assessment, and the Arapahoe County Treasurer shall thereafter advertise and sell all such property on which a default has occurred in accordance with Section 31-25- 1219(2)(d), C.R.S. Such advertisement and sale shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate and default of payment of the general property tax . Section 4. The Board shall cause the notice required·by Section 31-25-1219(2)(c), C .R.S. to be mailed to each owner of property specified on the assessment roll. The notice shall substantially conform to that attached hereto as Exhibit D. Section 5. The Board shall review the exempt status of property specified on the assessment roll on no less than an annual basis. Section 6. Should any one or more sections or provisions of this Resolution be judicially detennined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Resolution, the intention being that the various sections and provisions hereof are severable. ( ADOPTED AND APPROVED this 29th day of November, 2006. Attachments : ExhibitA- ExhibitB- ExhibitC- Exhi bitD- SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT By: ~i{i~f;:c, affidavit of publication ofnoticc of public hearing certificate of mailing regarding notice of public hearing local assessm en t roll of BID (for 2007) notice of asses sm ent 3 ( PUBLISHER'S AFFIDAVIT STATE OF COLORADO,) . COUNTY OF ARAPAHOE) ) ss . I, Robert Sweeney, do solemnly 11ffirm that I am the Publisher of THE VILLAGER ; that the same is a weelcly newspaper published in Greenwood · Village , CoUDty of Arapahoe, State of Colorado , and bas a general circulation therein; thar said newspaper has been continuously and uninrerruptedly published in said County of Arapahoe for a period of at least 52 consecutive weeks prior to the first publication of the nnne:ccd notice. that said newspaper is entered in the post office at J;:nglewood, Colorado, as peri'ldical class mail matter and that said newspaper is a ne•.•.-sp:i.per wirlrin the mean.in~ of the Act of General Assembly of the State of Colorado , approved March 30, 1923, and entitled "Legal ).iotices and Advenisements," with other Aclli relaring to the printing and publishing of legal notices and adverti.semenlli . That the annexed notice was pub~hed in the regular md entire issue cif said newspaper for the period of ffi\.Q...,,., coqsecutive· µisertions; that the first publication of said notice was in the issue of said newspaper dated: ·,2osl:.e and the last publication of said notice ,. was in. the issue of said _newspaper dated: Mv Commission expires : iif..r1vc, t /A. a 51 8 eo '.l xhfb itA ( 3,1hePffllllDl1Yon"'*"Ullllllllm9t\lfi IM IO be iawted conUll1 cl b '9fl PIGJ*• i=~= BKJ, ~h • daaerl>lcf N lofo,n: Tho ING --,u. s.t'I BroadMty Cotti · dof In Engl9wDod. Colndo tlwl encum-== :::.::a~:".,:,0,-!,.TJ :r:;-.r=:-:.~·:~= bouildir ... llachod hlfllO II EllttlJI\ A, The baundarlNoftl\lBID lnc:ud1 al~ ortllll wtlHn tho NIYD •• P!l'kM\8r whlch .. ~•c:omffllJICIDl~r· a.:~-=~~~~)~.· 4 .Thi purpct,11 Of II• :;::i ...... ,. ::=::~~aZ~ wf*l'1fl'IOY riduql lhl lakaiwfro: A. MarlrrR'41'1D, PftllfdoJtJ .wt Jrna~ lnnanco1n1t1 ~=~~c:n~f:lllvokNg9 colabcwalln: ldvOIIWng 8"'10flQ Soult! Bt'OICIMy luWlenN ~~~=k= cftOOlo!y Ond webiM ~Ol'aodO!hlfBto~ ma,ket NIN8Jcfl A lllklhOtdor IUIWJP ==.~~~ -0 EINnCOd 6*y I Malnlenonc:e on1wncecl lllol~ pa,nil =-io::::r P*atllfflfflLW\bWon Wllh c.tr °' --Ing llOfffllldy Ind bullnoll wuch prggrame g,wl!Wdoon<c> ....._.powe,wuhMQ CSpedol~ -.. ·~--·· coc~tmp,o..,......,,l& oi'8f profodl aa lf)PfDprwll n. Board al DirclDff Dt 1h11 IID mtf lmlf\d p,og111m ec:tlrillef In 1UbNq1•en1 yna111 wttt;n 11"11 111Mral catagDrtn ol =-~~~and-::..~:. "" ...,jacl lo t11• 1nniMI ,wn and r olllle8oatdolllnejO!WolU,. ~TI:~:=:',':J"::J. tr-··-BolltlClnd _.,. ioo'8gD and lltalJC:J ~==-~.~.~~ Ula th• eosts of lh• kmfawma1'111 and .. ,_.,. .. ~.,.. ........ DID.~-=~~~:~== clot GtSNlrl'lOnt ID be lfrt>mad on lilnd U::=Pa~==::.: hnlecf bp • apac::lel nlOllfflON 10 bo •~onr...illoorbullllrlQ~ foo&eD1 . Secono loor and tllghor ;'c.:I ~=~=~=::no1 dltOc;ly IM,.fil !,am It• WY1Jaen.,..l\l 1irMS sorvtca kl bo p,c,.,tilod by thO Bil. :!iie~r:'°smant j;,J,k>r~ha W· ................ ~-.... = lalOd-on-ouppjladby lheha· ~~~~,:i-=-==; 2007 annual IU85S!Mffl lrD =:..-yEngl-""""'-'"J Pllf cq. N. cf Lat $0Jl28 fw1q.l.Olnwlflf1Dorof~:IO.t&2 Tnc BfD wa conduel lhl Ncwembef 29, ~ ':...'1..";':1:°..:l =-....':l ... ,.....,.. .... _ ... _ .. Al 1of1ft In lta Os-allng Plan and =-=~i::::w..:,:; BID •.-a dalltmhl 11• spedljblr*1II :~~=c=c.~.:: EXHIBIT A a ! ® g .. .. i ~ a B :l 0 l ! .. ~ ,E .. i .., I 0 ------ I ( STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ) CERTIFICATE OF MAILING I, Mary L. Carter, do hereby swear and affirm that the Notice attached hereto as Exhibit A was_ ~ed by first class mail, postage prepaid, to all persons listed on the attached Exhibit B on the ....l.f_ day of November, 2006. ,.,,,,.-,r-,,cL,. • & G Witness my hand and official seal. My Commission Expilli fffOi CJ:\14641\1\Cat olMall • Notice ofHra,wpd xhiblt B I I SBEBID -LOCAL ASSF.sSMENf ROLL 2007 m• I OWNERNAME 1'11-14-1.0,..002 CXX>lC. JON Ca: FARMER. MICHAELS l.'11-34·1 ~ COOK, JON CA FAIU.fER, MJCHAEL S I '71-J4.l-0IJ.407 COOIC,JONC . 1'11..M-.I~ a)(X.JONC l f7J .J4.I ~ PHIWPS,JAY , ,, I •:M-l -0,.010 P«OPEllTIES I '71-l'-I-O,.OU <X>OJ;, JON CA FAAMER., MICHAELS i,n..u-1.--c:om:~c - 1'11-J4..l#e0 COOJC, JON C AFARMER., MICHAELS 1"l·l4-1.ot.43 I ALL AALL CAR. WASH U.C 1'11-J4.l .o,.GU BINIC M CO U.C MAILING ADDRF.SS 1664SBROADWAY 1664 S BROADWAY 1664 s ·eROADWAY 1664 !i BROADWAY . 2750S BROADWAY P0B0X37 ·-1664S.BROADWAY - ' 16EYALEAVE -. 1664 S BROADWAY C · .. 6251 S SICILY WAY . . . .. · · :· . · 1-7404 W S3 !U> DR -· CITY STATE .. DENVER . co DENVER co DENVER co DENVER.' co BNGLl!WOOD .. co . .. PARKER .. co DENVE R .. : co . ENOLEWOOD .. '. co Dl!NVER .. . co .. . ----·· ... ~ : :; AURORA _., . co ...... · 001..DEN ..... 'co 1'71..>4-I ~ OXIK, JON Ca: FARMER, MlCHµl. S· , ·: •. · ·-1664S BR.OADWAY ·• DENVER. .. . co ... : 551 S CAS1U: PINES P1CY#B4l9 I -~ .... 1'11·:W-1-10.001 FAR!"-DAVID : , .' CASTLE ROOC· . .. (:() 197l-M-1-I CMI02 £~DAVID ...... · 5SISCASTI.EPIN ESPKY f B419 1 CASTLB ROCK,·, f;O mt-l4-l-1 o.aa3 cxx»c. JON C .l:..F ARMER, MICHAEL. S -:.J664 S BROAQ~AY ... . .·.' DENVER. ' ,.CO 1971-14-1-I IMXM SHEA, HEIDIE · . .· ·-, .. 1974 .SGREENS_POnma.N :. ,' HIGHLANDS JV.NO ;.CO SlmA, HELENE '· : 8974 S Cl i!EENSJOINTE LN ·' .• -. . . 1971-J+.1-I O.OOS. ,. ~ . .. . ,. HIGHLANDS RANQ ,.co SHEA, Hf1.EN E . .. . ,'. .... 1974 S GREENS~INTE 1.N ID0ff4NDS RANP 1'11·J4.1-I~ . . •• 1 ••• ' . _: ....: : :· ~-.,.co , ·-. lffl-J4..1-l!Ml01 OXIK, JON C &FARMER, MICHAEt. s .. .. : .. ._. .. , 1664 SBROADWAY · . .. : , :.: . DENVER. ,: '·C.O -lJJJ.J4.l-l CMXII CX>OIC, ION C A.FARMER, MICHAELS . . ... .: ,. "•1664SBR~WAY . DENVER. :~-~-. :.CO 1'71-14-t-lCM>Ot l<X>OC. JON C .l:.F AIU-IE1( MICHAEL s ' . . ~ \ .. . ··: . 16645 BRO~WAY ' ·. " 'QENVl!R. '. .• co ..... ·-166UBR0ADWAY · lf71-l4-t-lCMl10 <X>OC, JON CA.FARMER, MICHAEL S 1 ,\ . :·. ·· DENVER . co 1'71..J4.l-1CMl11 coot, JON C AFARMER, MICHAEL s :-. .. : :.·: · ·, 1664S.BROAI>WAY '. DENVEll . co .. lffl·J4.I-I UIOI TA Yl.Olt, RlCHAllD L · ' ,. _, :' ·., . 2900SBROAPWAY .. . . ENGLEWOOD , ; co 1'7l-J4.1-l UI01 CX>OIC, JON C A FARMER, MlCHAEL S · · 1664SBROADWAY ,. DENVER ,. co 1971•:W-l-t 1-olS COOK. JOH CA F f.RMER, MIOI.AEL S 1664SBROADWAY DENVER. . co l ffl-14-1-l t.426 COOK.JON Ca: FARMEll, MICHAELS 1664 S BROADWAY DENVER co 1'71 -34-1-1 1411 SCHNEIDER.JEFFREY A .. . 3000 S BROADWAY ENOLEWOOD -. co I, 1971~1-U-002 WIWS, LAWRENCEM&PEGGY J 30l2S BROADWAY ENOLEWOOD . co J.4-1 -U.OZ-SHINE, HDMAN .I MARlANNE 1630 S MARLBOROUGH Hlll.SBOROUOH CA : 1971 14-1-12-Cll SH1Nl., HEJlMAN .I MARIANNE 1630 S MARLBOROUGH HlLLSBOROUGH CA 1'71sl4-I-U.mG BEN11.EY, PA TRICJC A 3018 S BROADWAY ENGLEWOOD co I '71-14-1 -U-431 a«>!, SUNG oruL .I YOUNG Yl 3020 S BROADWAY ENGLEWOOD co lf71.J~l -4U 363U.C 1664SBR.OADWAY DENVER co COlOUJXl MOlllUAlUl!S INC% SCI MGMT CORP-PROP ,,, 1-)4.1,01 .. 1 4TAX~ PO BOX 130SCI HOUSTON 1X CXll.OMDO MORIUARIES INC% SCI MGMT CORP-PROP lf71 .J4-2.0UIU TAXpEP'T PO BOX 13054 1 HOUSTON TX ------ ZIP srrus ADDUSS &0210.2610 2700 S BROADWAY &0210.2610 2711 S BROADWAY IOll0.2610 2730 S BROADWAY IOlJ0.2610 2731 S BROADWAY IOl13 -U91 2750 S BROADWAY 10113-1523 27S6 S BROADWAY 80210-2610 27!16 S BROADWAY iOlll-1532 166YALEAVE 80210.2610 2700 S BROADWAY 10016-7001 2766 S BROADWAY 10403-114 1 27IO S BROADWAY 80210.llilO 2724SBROADWAY 10108 2100 S BROADWAY 80 101 2820 S BROADWAY 80210.2610 2124 S BRO~WAY 10130.3303 · 2U4 S BROADWAY 80130-3303 2140 S BROADWAY 10130.3303 2842 S BROADWAY 80210-2610 21S2 S BROADWAY &0210-2610 28668.BROADWAY &0210-2610 2170SBROADWAY 8021<>-2610 NIA 8021<>-2610 2196 S BROADWAY IOU3-U27 2900 S BROADWAY I021D-26 10 U66 S BROADWAY 80210.2610 2946SBROADWAY 10210-2610 2990 S BROADWAY 80113-1529 3000SBROADWAY 80113-llli 3014SBROADWAY 94010.7114 3080SBROADWAY 94010.7114 3010 S BROADWAY 10113-1529 3018 S BROADWAY 8011J.1S29 3020SBROADWAY 10210-2610 2795SBROADWAY 77219-4541 277SS BROADWAY 77219-4541 2757SBROADWAY LAND SIZE lSTJ!'LRSF 2007 BYSOFT ASSESSMENT 5091 1134 $3 20.18 3222 516 $180.99 4134 ,VACANT $)40.1 9 3222 22SO $435-44 644S 1206 $370.22 4617 1777 $406.03 96SS 1761 $547.67 3681 576 $19430 3646 1710 S36S.65 11271 2238 $667.04 12876 1927 $66631 80S4 1430 S4S0.93 12678 VACANT: $367.66 6-400 864 S3 16.93 321 4 10S8 S2S4.02 6400 VACANT Sl!S.60 4736 VACANT $137.3 4 4820 3S06 $672.69 9642 VACANT $279.62 6428 1339 S389.9C 12156 U 400 $2,257.62 3214 VACANT S93 .2 1 6250 1936 S475.S2 124SO 308) $129.36 3125 VACJiNf S90.63 374 SO 127S l Sl,024.20 21125 )953 S929.78 6lli 326 4 $676.65 4661 1839 $414.90 373SO 1620 Sl,3 93.39 9337 4750 $992.77 46SO 93S . $276.97 12450 488 2 $1,1 03 .11 l2SOO 9786 Sl,149.97 18750 Sl88 $1,332.33 333 6 468 $167 _88 ~, fJ l,;f £Yl-l 11<1 -r a .... If m, UWi'lt.KNM1£ MAIIJNG ADDRESS CITY · STATE ZIP "" uS ADDRESS LANDS!Zlt 1ST _FLRSF 1007 BYSQFT ASS£5SM"ENT lill•l4-l.01.(H CS! UC 7932 E BUCKNEU. PL DENVER co 8023 1 2749 S BROADWAY 15250 62SO S1,l 31.25 lf7f.)4...2-41-419 PETERSON EQumES u.c l lJ l 2 N TAFT AVE LOVELAND co IOS31·311S 2705 S BROADWAY 12610 2400 $730.49 1'71 ),4;1 -41~ Dtn'REI! 1 !NC 2nssBR0ADWAY ENGLEWOOD co 10113-1522 272S S BROADWAY 6ll0 4421 $8501 lffl-k-2-41.c:tl DOWNEY.PATIUO( 2739 S BROADWAY ENOLEWOOD co 80ll3-1S22 2739 S BROADWAY 6250 4374 $846.10 IJTI-J.4..2-10-415 OARQA. HELENB 4169 S ONEIDA ST DENVER. co 80237-2049 2193 S BROADWAY 6250 5270 $982.29 · l '11·k~l Mlt CIOCllK, .JON C & f AJU,(ER,, MlCHAEl.. S 1664 SBROADWAY DENVER . co 80210-2610 28115 S BROADWAY 6250 2819 S609.74 lf'11-J4...2-IMl7 a>olC. .JON C & FARMER. MICHAELS l 664 S BROADWAY DENVER co 80210-2610 287S S BROADWAY 6250 . VAC/\Nf $181.2.5 l ffl-:14-2-I MII a:xnc, JON CA: FARMER, MICHAELS l 664SB1l0ADWAY DBNVE!l co 10210-2610 286S S BROADWAY 6250 2524 SS64.90 l '71-~1MIJ l63UC .1664SBROADWAY DENVER co 80210-2610 2&5S S BROADWAY 12500 5 17l Sl,10.49 lfTl-~:2-lMJID COO!C,JONC 1664 S BROADWAY DENVER co 80210.2610 2845 S BROADWAY 66'22 1035 $3.49.36 lffl-J4.l-1 1Ml21 COOK. SON Cit FARMER, },OCHAEI. S • · 1664S1lR0ADWAY DENVER co 80210-2610 :au s BllOADWA V 4617 1991 $439.62 1m~1..an CIOCllK, JON C & f ARMER, MICHAELS · l 664SBR0ADWAY DJ;NVER co 80210.2610 2137 S BROADWAY 4687 1178 $314 .98 l.ffl..)4..1-lMlll AM01J. MIOIAEL D & SANDRA L 1005SSCARMODY LN LAi<EwooD • co 80227-2005 2123 SB!tOADWAY 62SO 4270 $83019 0'11-~lMll SIOGEN ENTI:IU'RISES LLC . 2Jl5 S BROADWAY · : l!NCJLBWOOD . ·· co 80113·1S24 2801 SBROADWAY 1.5625 7546 S!,600.12 lffl.~\1-411 SOUTH FEDEJlAL PARTHERSmP .. 1291 SSANTAFEDR D6NV5R :. : co 8022.3-3215 2909 S BROADWAY 1S62S 4000 SJ,06 1.13 · l fft.1'-l,.J7-0lO ICAISER.R>Ul,'DATIONHEALTII PLAN OF COLORADO -· 103SOEDAKOTAAVB .. DENVER .-. co 10247-1314 2955 S BROADWAY 137125 11096 SS,663.22 · 1'71-l4-.2-IM20 IWlADWAY BUILDING UC . 3057 S BROADWAY ·: ENOLEWOOD : . co 10113-1S21 30S7 S BROADWAY 6250 sooo $94115 1'71•:M-J..1 1 .. ,11 RYEN DEVELOPMENT CO LID ·,305 1 .SBROADWAY '. ENOLEWOOD :. ' . co 80 Il3-1528 3051 S BROADWAY 6250 881 $3 15.16 1 '71-34-1-11..o'll ltEES'E, RICIC A: MEULLER. MARY ' .. ·. POB0X262 ; : .:.: SEDAUA ... ·. co BOUS-0262 304SSBROADWAY 3125 19S6 $317.94 1'71~2-11--Gll UHITEDCOMPANY%BAILYCORP. : •-. 7475 WFlFTllAVE f 321 : :, LAKEWOOD ,;.-:.co 10226-1675 3001 S BR.OADWAY 18750 2418 $911 .29 · 1'71•J4..J.lMlO ELINOTI', NATHAN V & LOUISE A '· .5677 W.PARKPLAqiAVEl2lOB .. , Rl!ENWOOD Vll.LA( co 10111-3391 3085 S BROADWAY 25000 177!S SJ,41 7.61 · 1'71J4..2.I Ml4 Jl!fffJlSON, SRIOOU YUN A: JOSEPH R . .ll07· 6 DARTMOunt CIR '. :· ENOLEWOOD :. , .. co 10113-30SJ 3021 S BROADWAY 15500 669S Sl,467.14 lff\.JW..~I Al.SUM, JAMES C & llUTH L ·14000 E t;.INV ALI? PLl61 l .. AURORA .. ·co 10014--3736 2709 S BROADWAY#A 2329 1012 · S22l.37 l'71•l4-2-lt412 Al.SUM, JAMES C A: lll1IH L ' · . 14000 5 LlNV ALE PL#611 ·-AURORA .CO 10014-3736 2709 S BROADWAY f B 2329 1012 $221.37 1'71~-3-003 TP ENTE:Rl'IUSES .. SI SO E REOWOQD DR UTll.ETON co 80123-1596 2709 S BROADWAY IC 2329 10 12 Slll.37 · Jffl.)4..2-29-004 MCBAIN PRDPFJlT!ES UC ' . , 16473 EPRENTICEAVE . ·; CENIENN1AL :: co 80015-4121 2709SBROADWAY#D . 2329 1012 $221.37 lffl.]4.J.«M)lf ICAllPMAN, FRED 3395 S BROADWAY -.. ENGLBWOOD . : co 80113-2427 3395 S BROADWAY 9620 7210 $1,385.54 1'11 -34-l-tO-Oll HOM, FRANK 65% INT & EMILY 35% 1NT 2330 S 30TH A VE SAN PRANCISCO · . CA 94116-ll29 3305 S BROADWAY 21600' 7284 Sl,733.57 lffJ.J,4-;«1.4:19 MJNISTATES TELA: TEL 9l1 E l41'HST DflNVER co 10202-2994 3285 S BROADWAY 29510 28000 SS ,1 11.79 1971-)4..~ oonnc VENTIJRES uc 3263 S BROADWAY · EHGU!WOOP . co 10113·2425 . 3263 S BROADWAY 647~ 6250 Sl,137.78 1'7 .. >4-~ 3275 S BAOADWAYUC 1633 S YORK ST DENVER . co 80206 327S S BROADWAY U9SO 503 $452.01 I '7 )-)4..).GIM)90 SPOJ.T BOWL U.C JIB S BROADWAY ENGLEWOOD co 80113-2425 3295 S BROADWAY 9868 9602 $1,745.68 1'71 ,34.,.UJ-016 HAIOON, ANGELA M 4626SURBAWAY MORRISON co 8046S·1&40 3163SBROADWAY 647S 960 S333.70 I 1'71-)4-1-Ql-017 COO¥, JON C 4t FARMER, MICHAELS 1664SBROADWAY DENVER co 10210-2610 3IS9SBROADWAY 641S 4329 . $845.78 1'1l·l4-l-0Hll I LENISOi, MARGIE LIVING TRUST% TiiOMAS A PALMER. 3430 S SHERMAN STt3 ENGLEWOOD co &0 11 3·2619 3147 S BROADWAY 647S 2S20 SS 70.82 1'71,>4-J.41..019 3141 UC S14'1 S BI O CANYON DR REENWOOD VII.LAI co 80111-3516 3141 S BROADWAY 3238 3175 SS76.50 l'71-J4..J.ot-no UY A. INTEJINATIONAL INC S6SWONDERWOODWAY SANDY \IT 84092-485S 3139SBROADWAY 97 12 4500 S965.65 1'1l-l4•l-Ol42 I NOllEEN 4 CO 6700 W DORADO DR DENVER co 1012J...Sl74 3131 S BROADWAY 97l2 3064 $747.38 l f7\.)4...J.0\-GZ2 AXTEU. ASSOC INC 9011 W FLAMINGO WAY LITTI.ETON co 80125-9402 3101SBROADWAY 13636 VACAN! $395.44 1'71-)4..)-41-023 BaO{,DWAY LIMITED PARTNERSHIP 4221 S Y ARllOW CT LAKEWOOD co 80235-1922 3191 SBROADWAY 22662-64 11 Sl,63 1.67 £xA IA-2. o/ 4--· ,,. r .... PPU Un'('t..KNAM.& MAILING ADDRESS CITY lITATE ZIP LAND SIZE 1ST FLR SF 1007 BY SQFT AS9ESSMEN1' lil.~J-1 s..«J4 ICDCX. JON C &: f ARMER. MrCRAEl.. S 1664 S BROADWAY DENVER I CO IIOllO·l610 l2"47SBROADWAY 12.500 6S6 $462.21 l ffl-.k-l-lWIGS !FOUT, JOHN M IM!IS~ST HIOHLA'NDSRAN~ CO l80126-S024 3215SBROADWAY 129SO 1691 $633.65 $1,076.60 l1 m -l4-J..t ,,_IFOUT.JOHNM 1849 S MINERll ST ENGLEWOOD VAC>.Nr 3211 SBROADWAY HIGHLANDS~ CO 180126-.5024 12500 ..j698 i 'f7J.J4.J..l 7-0Cl l e>«iLEWOOD UllBAN RENEWAL AUIBO.IUTY 1000 ENGLEWOOD PlCY CO 1101 [0-2373 J.434 S ACOMA ST 4125 EXEMPT 1'71•l4-l-174ll lENGLEWOODUJUIAN RENEWALAUIHO.IUTY 1000 ENGLEWOOD PICY ENGLEWOOD · CO 110110-2373 3442 S ACOMA ST 4125 VACI.Nr EXEMPT Jffl-)4..J..I 1~ IWOl.f LAND DEVliLOPMENT U..C 2904 S ZUNI ST DENVliR. CO 110211-3827 11 WHAMPDl!NAVE 2250 1935 $3S9.31,. l ffl-14-3-17.Q)J !NGUYEN. WONG HUU &: HOA T 8704 WUNION AV!! LITILETON co 1101n-1m 3495 S BROADWAY 4000 3600 $663.20 l ffl..J4.J..174 10 !SANCHEZ. EULOJIO I< CONNJE J..j83 S BROADWAY . ENGLEWOOD co I 80113-2521 3483 S BROADWAY 6250 4250 $827.25,. tffl-34+17-411 IWll..UAMS. S'TEVEN R. I< BEIH A · 2116 W 101'H ST OREELEY .· co 180634-5425 3473SBROADWAY 62.50 5976 $1,089.60 1'71-l4-H7412 I.Bl..CAJC, DAVID.IAMES 3360 S DALE CT~ : ... .ENGLEWOOD . co 110110,1936 346S S BROADWAY 3125 2225 $428.83 l f71.J4.J..174U ILOOX, !CAM HO&: WANDA ELLEN -~.~~. : .37D7W3B1liAVE DENVER. co 110211-1903 34$7 SBROADWAY 937S I .S11S I Sl,140.561 : 1'11-l4-.J..l H114 ICJTYOl'ENGl£WOOD 1000 l!NGLliWOOD PJCY · ENGLEWOOD .·,-J. ·CO 180110-2373 I 3449 S BROADWAY 6250 I VACANT I EXEMPT,. 1'71 ~J..174UILAUGflUNIWINCHESTER.l.ANDCOMPANYU.C . 3445 S BROADWAY ENOLEWOOD '·· L !=0 .180113-2521 I 344S S BROADWAY I -4950 I 4360 I S806.27 1'71-.Jo4-J..17416 lllEID, BRYAN JAY · . 3439 S BROADWAY .. ENGLEWOOD ,-1-CO l80l1J.2S2l I 3437SBROADWAY I 6250 I 3900 I S7R0S lf71 -l4-J-17..017 1IlllANSFELDT, f1IED I< QUADANSKA LTD POBOX3950 .1, PAIUCER .1-.. C:O JIC>134-1443 j 3431 SBROADWAY I 6250 I· S850 I Sl,070.45 lffl-~174Jl(ClDDFEI.LOWSBI.DG.tlNVCO _ ···l : ... POB0Xl950 I:. PARXER ·, I: CO lao134-1443 I 342.sSBROAD\VAY J 6250 I 114SO I S1,!>ll.65r l1 m.)4..J..t7..0 1,fCTYOFENGLEWOOD I ... 1000ENGLEW00DPJCY . l;~ENOLEWOOD .·,i .:co lao110-2373 I ]..jtSSBROADWAY I 62.so I VACANT I EXEMPT'· 1n 1-k->-11~IEl«JUWOODuuANRENEWALAUTHORlrf , . · 1 .,.!OOOENGLEWOODPJCY ·, 1~· ENOLEWooo ·:::r:-.co 110110-23n I l«4SACOMAST 1 424so I vAcANT I EXEMPT 1m -l4-J..n.o:nl!!NGLEWooDuRBANRENEWALAUIHORITY J.· JOO(!ENGLEWOODPKY I , ENGLEWOOD .:.f -;co ·110110-n11l sowGTRARDAVE I -46118 1 VACANr I EXEMPT,. IJ'Jl,34-J-17-024 ENGLEWOODUQANRENEWALAurnORITY .• .. ~'aiGLEWOODPKr° ·:· .. ENGLEWOOD ·,.· ~:-co 10110-2373 30WGI.RARDAVE · 20313 VACANr EXEMPT · 1'71.34-J...17 -42.5 ENCltEWOOD URBAN ROOWAL AUTHORllY , , .,1000 ENGLEWOOD P1CY ENOI.EWOOD_ , ,; : ,:CO 80110-2373 3405 S BROADWAY 46!8 VACANT EXEMPT 1'7J.J4-J...ll~6 IENGLEWOOD URBAN RENEWAL AUIHORITY ~ l OOOENGLEWQODPICY ... J .-ENCJLEWOOD ·.-·J ::CO 180110-2373 NIA I 3563 I VACANT I EXEMPT hm-)4,.,4.GG ,EHOLEWOOD URBAN RENEW AL AUTHORITY . ,. · ,:·,lOOOENGLEWOODPJCY · I., ENGLEWOOD :·J :,CO l8011D-l373 3300SBROADWAY I 9375 I VAC>.Nr I EXEMPT,- 1'71-:M-440 OTY OF ENCllEWOQD 1000 ENOLEWOODPKY ., ·I . .-ENGLEWOOD ,~-1.' CO 180110-2373 NIA I 6250 I VACANr I EXEMPT 1'71 J 4 4 ·-ILQ,IJRDSTATESOFAMEJt.JCA .·1600SPEN1f.iYLVANlAAVENW .J.: WASHINCJTON _-1.. DC l20S00-0003 3332 S BROADWAY I 18750 I 4760 I $1,267.27 t fJl-~7 ISLS REAL ESTATE u.c .t 716'1t M1SSISSIPPIAVBWl1604 ·1 , DENVER. .. J .. CO 110247 3342SBROADWAY I 5500 I 2296 I SSOl.49 l f71-J4.4.00.01 I IHAGOE. ANNIE Ea: WIWAM R-TRUSTEES 3157 fCLARKSON ST I : ENGLEWOOD . I· CO 1&0113-2105 3434S BROADWAY I 5937 I 2873 I $608.87,. !.ffl~12 ISA0fTER... E!S'IHl!Jl.M 6800 S LE5TSDALE DR DENVER. I CO l1Dll4-l511 I 3440 S BROADWAY 6625 I 34]..j I S714.09 l l fJt,~l~JUCHAJIDD 34'6 S BR.OADWAY ENGLEWOOD I .. CO 110113-2529 I 34S6SBR0ADWAY 1563 I 900 I s112.13 l fJl •J.M.«Mlll lVOTH. KOBEltT J &: YlCXI A 1161 S WOODSIDE DR PINE CO 180470-7979 I 3460SBROADWAY 31so I 2436 I S479 .02 l!m-~n (<DmllE.AY,LINDA L 3260 S PEARL ST ENGLEWOOD CO 180113-2712 I 3470SBROADWAY 6149 I 5678 I Sl,041.38 1'71-~ (VA3JUS, A Ac T ~ U.TS1S, IC&: IC 7160 E BETHANY P.L DENVER CO 180231-4111 I 3476SBROADWAY 6154 I 1126 I S780-.32 I I.YJ1 -l4-4&414 IOATOm, TED 0 ]..jlEOODENST DENVU. CO 180218-3812 I 3414SBROADWAY 3125 I 2400 I S4SS.43 !'71,J4.+GO.GlS (OC'ONNOll, VIOLA 2436WHARVARDAVE DENVER CO 110219:-5970 I 3490SBROADWAY ISOO I 465 I S114.18 :'71 -~ 11491 SOU1li BROADWAYLLC 3491 S BROADWAY ENGLEWOOD CO 190113-l.529 I 3494 S BROADWAY sooo I 2210 I S490.D4 ltm -"'44M127 l3491 SOUTH BROADWAYLLC J..j91SBROADWAY ENGLEWOOD CO 180113-2529 I 3498SBROADWAY 3375 I 3375 I s610.88 l ffl•J.M..C»0'7 latY OP ENGLEWOOD 1000 S ENOLEWOOD PICY ENOLEWOOD CO 180110-2373 I 3448SBROADWAY 4825 I VACANT I EXEMPT IJ'J l,)4..4.CIIM)ll (OOTSHIS, ALEX 2171 S SHl!RMAN ST ENGLEWOOD CO 180113-1621 I 34S4SBROADWAY 2362 I 1314 I S268 .23 f.i< A I It J ~ f- '"' Owr.ER""NAJi{l" MAILINGADDUSS CITY STA.TB ZIP SITUS ADDRESS LAND SIZE BYSQJIT ltnJ.)4.4.CUJt IDEAi.Eil !NC 3150SBROADWAY ENGLEWOOD CO 180113-2424 I 3150 S BROADWAY 9375 DENVER 1'11-~ll i=-:~~S& ·-~ 1660 S UNCOLN ST '2130 co 1'71-~4 IHAJU.lAN MANAGEMENT CX>RP PO BOX 572S30 SALT LAJCB CITY UT 1'71-~ !FruT BAPTIST OIURCH OF ENGLEWOOD POBOX467 ENGLEWOOD co 1'71-~t IHAJUCK INC & HAllAY D RICHARDSON S'3S S MONACO ST ENGLEWOOD co 1'71·l4-4-4'.oo:2 ll'3 U.C 1664 S BROADWAY DENVER co 1'71-~ IPIUTOlAllD. ROBER:T E & R05EMAII.Y E 771 1 S RACE ST ---. UTTLEI'ON co lffl-~ (l'IUTOWW, llOBERTE -7711 S RACE ST UITLETON co 1'11-~12 IO'HEIL INVESTMENTS INC . 3298 S BROADWAY -ENGLEWOOD . co I :'1J.JM~1 fGOWB, MICHAEi.. EDWARD 3356 S BROADWAY ENOI.EWOOO co lmi->+-4-2.Mllll !HOME OF NEICiHJIOIU.Y 5EJI.VICE Of DENVER. ; nllO:SBROADWAY ·• ENGLEWOOD · . ·CO ... ENGLEWOOD . lf'll-k-4-U-OQ3 ( INTERNATIONAL BEAD TilADER -.· ·2750 S BROADWAY : co -· LAICEWOOD · f 1'71-34-4-U4>4 (HUFFMAN FAMILY LP : .2563 S HAIUUNGTON LN co •.. LAJCEWOOD 1'71~.S (BUFfMAN FAMILY LP : 2563 !: HARIUNOTONLN _co 1'11·>M-2J.006 (ANDERSON, BRUC!i C a ' "J ._.,: J776SGLENCX>EST DENVER co l f'll•)4.4.U.007 IWEIOA)IG,JUOlAlU)_1 . 3391 S BRDADWAY · ENOLEWOOD co lf'll..14+»-001 IOXMAN !'AMIL y I.LC ·. 3400 S BllOADWAY . ENGLEWOOD co 1'71·l4+l04>2 (0U. WlLUAN l & DONNAJ ': ·: :. 3422TBROADWAY · ENGLEWOOD •. co -..------.----.-. l '71-l4+30~ IWHAHOI.DINGS UC · 3424 S BROADWAY · · ENGLEWOOD , r::o llm~l-07~1 (00RDON, MAJlCEE ll-TRUrn % B.USARA COOK : . r6400 s FIDDLERS GREEN ciR 1212.5~ . .ENOI.EWOOD .. (, co Jllm~I-OJ~JIFD,1:llfAMJLYPROPERTIESI,JMITED ·,•. +· ;···.3518SBROADWAY :· I ,ENGLEWOOD ,.(•.CO 21'n-ff..1~ lm.-ll.f AMIL Y PllOPEllTIES LIMilm »n..G>-1-07~ IFIND. FAMILY PllOPEllTIES 1:IMrTED ~1-01~, I FIND.FAMILY PROPERTIES UMITED bm~-36-002 ICOI.QNIAL BANX I i I i ! I I I I I I · ·.-·3SllSBROADWAY · ENGL2W00D -I co 3.SllS BROADWAY . ENGLEWOOD co .. , -1 . •: . ."3Sl8S.BROADWAY · ENGLEWOOD .. CX) . 309S SPARJCER.llD AURORA :··.CO I0264-2I02 3100 S BROADWAY 10225 141.57-mO 3120 5 'ISBDADWAY 12500 101Sl-<M67 3190 S BROADWAY 44375 10111-1536 320D S BROADWAY 937S 10210.2610 3232 S BROADWAY 15625 10122-3134 3242 S BROADWAY 937.S 80122-3134 3250 S BROADWAY 12500 10113-2426 3291 S BROADWAY 28125 10113-242& 33S6 S BROADWAY 62SO 80113-2421 .JJ60 S BROADWAY 3125 80113-1591 3364 S BROADWAY 3125 10227-4021 3370 S BROADWAY 62SO 10ll7..CD2l 3371 S BROADWAY 3125 IOU0-1343 3384 S BROADWAY SOOD &0113-2421 3lll2 S BROADWAY 9315 10113~9 3400 S BROADWAY 12.SOO, 8010-2.529 3422 S BROADWAY 6250 10113-2529 34245 BROADWAY 587:S 80111-4963 3500 S BROADWAY 62SO 10113-3630 3510 SBllOADWAY 5000 80113-3630 3516 S BROADWAY 4375 80113-3630 NIA 312S 80113·3630 3S22 S BROADWAY 10657 80014-2924 3501 S BROADWAY 31363 Total :2007 Assusment: 1STFLRSF 2007 ASSESSMENT 1408 $485.B~j 713 $404.90i 11&4 S64a.nl 9240 EXEMPT! 1038 $429.65 3175 S93S.7J 1520 S50Z .92 260 $402.02 9668 $2,285.16 2500 SS6l.2S ISOO EXEMPT 2475 $466.13 1 · 4004 $789.86 1623 $337.32 2710 $556.92 .5947 Sl.175.82 12500 $2,262.50 295.S $630.41 5690 Sl,035.26 966 $328.08 . 3376 S6S8.l5 3840 S710.S6 VACANI" S90.63 8320 Sl,573.69 6362 Sl,876.SS $105,446.69 !!-A-, I'~ tf ~ 1- I ( \ I NOTICE OF ASSESSMENT SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT December 8, 2006 REAL PROPERTY OWNERS SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMETN DISTRICT Dear Property Owner: Enclosed please find a copy of the 2007 local assessment roll, as adopted by the South Broadway Englewood Business Improvement District (the "BID"). This "Notice of Assessment" is required by Section 32-1-1219(2)(c), Colorado Revised Statutes. The amount of the assessment pertaining to your property or properties located within the boundaries of the BID may be found by referencing the enclosed 2007 local assessment roll. The assessment is due and payable without demand on or before April 30, 2007. ' The assessment may also be paid in two equal assessments, the first installment being due on or before February 28, 2007, and the second installment being due not later than June 15, 2007. Any assessment not paid when due shall become delinquent thirty (30) days after the due date and shall draw interest at the rate established pursuant to Section 5-12- 106(2) and (3 ), Colorado Revised Statutes, from the date of delinquency until paid in full; provided that if the full amount of the assessment is paid in a single payment on or before April 30, 2007, no interest shall accrue on any amount of the assessment. The assessment pertaining to your property or properties located within the boundaries of the BID, as more particularly set forth in the enclosed 2007 local assessment roll, constitutes a perpetual lien from the date of mailing of this "Notice of Assessment." The lien created hereby shall have priority over all other liens except general tax liens. Sincerely, BOARD OF DIRECTORS OF THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT , hibit D ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 5, 2007 11 a i Intergovernmental Agreement with the South Broadway Englewood Business Improvement District Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has discussed the South Broadway Englewood Business Improvement District (SBEBID).on numerous occasions. Council authorized the SBEBID with the passage of Ordinance 29, Series of 2006. RECOMMENDED ACTION Staff recommends Council approve the attached bill for ordinance approving an intergovernmental agreement with the South Broadway Englewood Business Improvement District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Some of the highlights of the Intergovernmental Agreement address issues relating to: • Requirement of the SBEBID to adopt special assessments annually for collecting in the following calendar year. • Requirement of the SBEBID to provide a copy of the special assessment to the City Treasurer. • Defining payment dates and delinquencies. • The required billing inclusio ns . • Instructions for making checks "payable to". • Mailing of billings (no later than January 31 ). • Collecting, depositing, and reporting receipts. • Certifying defaulted accounts to Arapahoe County. • Provisions for the annual payment to the City to defray costs incurred while performing its obligations. FINANCIAL IMPACT I sser of 1.5 percent of the annual assessments or $2 ,000.00 to administer i I ass sments . City st ff do s not exp t expenditur s to e c ed thi LIST OF ATTACHMENTS Proposed Bill for an Ordinance Copy of Intergovernmental Agreement Exhibit A, Local Assessment Role 2007 • I ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER~~~~~ ABILLFOR AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ENGLEWOOD, COWRADO REVENUE BOND (JEFFERSON HILLS PROJECT) SERIES 2007, IN A TOTAL PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 .00; MAKING DETERMINATIONS AS TO SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO THE PROJECT AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN DOCUMENTS RELATING THERETO AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "Issuer"), is authorized by the provisions of the County and Municipality Development Revenue Bond Act, article 3 of title 29, Colorado Revised Statutes , as amended (the "Act"), to issue revenue bonds for the purpose of financing projects to be located within eight miles of the nearest point of the Issuer's corporate limits for the purposes enumerated in the Act, to enter into financing agreements with others for the purpose of providing revenues to pay such bonds , and further to secure the payment of such bonds; and WHEREAS , the Act provides that title to any project may at all times remain in the name of the user of the project; and WHEREAS, the Jefferson Hills Corporation, a Colorado nonprofit corporation (the "Borrower") and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has requested that the Issuer issue its revenue bond in accordance with the Act, such bond to be designated the City of Englewood , Colorado, Revenue Bond (Jefferson Hills Project) Series 2007 (the "Bond"), the proceeds of which shall be loaned by the Issuer to the Borrower for the purposes of (i) r e financi ng a previous Joan which prov ided funds to finance the purchase of a new facility located at 1290 So uth Poto ma c Street in Aurora , Colorado and (i i) paying certain costs of issuance relating to the Bond ; a nd WHEREAS, a Financing Agreement, to be dated as of February 1, 2007 (the "Agreement"), among the Issuer, the Borrower and FirstBank of Colorado (the "Bank") has been submitted to the nglewood City Council (the "Council") and filed in the office of the Englewood City Clerk (the " Jerk"), and is there available for public inspection; and WHEREAS , the City Council desire at this time to authorize the iss uance of the Bond, for the purpo e of financing the Project; and WH REAS, the Borrower has informed the Issuer that the Project is located within eight miles of th neare t point of the I uer's corporate limit; and WHEREAS , it is necessary or desirable to authorize the issuance of the Bond by Ordinance and to approve the form and authorize the execution of the Agreement. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ENGLEWOOD AS FOLLOWS: Section 1. Determinations. It is hereby found, determined and declared, that: (a) The financing of the Project will promote the public health, welfare, safety, convenience and prosperity and promote and develop trade or other economic activity by inducing a non-profit corporation to locate, expand or remain in the Issuer and the State of Colorado to secure and maintain a balanced and stable economy for the Issuer and the State of Colorado. (b) The maximum amounts necessary in each year to pay the principal of and interest on the Bond and the interest rate or rates to be borne by the Bond is as provided in the Agreement. (c) The payments required in the Agreement to be made are sufficient to pay the principal of and interest on the Bond when due, and to pay all other costs required in the Agreement to be paid, including all sums referred to in paragraphs (b), (d) and (e) of this section. (d) The Agreement provides that the Borrower shall maintain the Project in good repair and carry all proper insurance with respect thereto . (e) The Agreement requires that the Borrower pay the taxes and other governmental charges , if any, with respect to the Project, including taxes and charges which the taxing entities specified in C.R.S. Section 29-3-120 are entitled to receive, and sufficient revenues (f) The Issuer hereby certifies that the reasonably anticipated aggregate amount of tax- exempt obligations which will be issued by the Issuer and all subordinate entities of the Issuer during the calendar year 2007 (excluding the portion of obligations issued to currently refund any obligation to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation) will not exceed $10,000 ,000 . Accordingly, the Issuer hereby designates the Bond for purposes of Section 265(b)(3) of the Code as a "qualified tax-exempt obligation." Section 2 . Issuance and Sale of Bond. The Issuer shall issue its Revenue Bond (Jefferson Hill s Project) Seri es 2007, to be in registered form and to be dated as provided in the Agreement, in a to tal principal amount not to exceed $2,000,000 .00 , for the purposes, in the fo rms and upon the terms set forth in this Ordinance and the Agreement, including the form of the B ond as set forth in the Agreement. The Bond shall be payable in the manner and to the persons set forth in the Agreement and the fonn of the Bond set forth therein. The maximum net effective interest rate authorized for the Bond shall not exceed 12% per annum, until the date of maturity no later than March 1, 2022 . Section 3 . Approval and Authorizations . The form of the Agreement, includ ing the form of the Bond (collectively, the "I suer Documents") are hereby approved . The M ayor of the City of nglew d, o lorado and the Jerk are hereby authorized and directed to execute the Issuer Document and to affix the ea! of the I uer th reto, and further to cxecut and authenticate uch other document , in trument r rtificatc a are deemed necessary or de irablc by bond coun cl in order to is uc and ur the B nd . u h d um nt ar to be executed in ub tantially the fi rm hcrcinabove approved, pr vided that u h d umcnt may be c mpleted, rr tcd , r re iscd deemed n sary by the parti thcr t 111 rdcr t l rry ut th pu of thi rdin n c . pi of 11 f th d umcnt hall be I . ,\ delivered, filed and recorded as provided therein. The rights , title and interest of the Issuer in the Agreement when executed, shall, by the terms thereof, have been assigned to the FirstBank. The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bond and such other affidavits and certificates as may be required to show the facts relating to the authorization and issuance thereof, as such facts appear from the books and records in such officers' custody and control. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate for their completion and such modifications thereof, deletions there from, and additions thereto as may be approved by bond counsel prior to the execution of the documents . The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 4. Nature of Obligation. Under the provisions of the Act, and as provided in the Agreement and the Bond, the Bond shall be a special, limited obligation of the Issuer payable solely from , and secured by a pledge of, the revenues derived from the Agreement, and any deed of trust provided by the Borrower. The Issuer will not pledge any of its property or secure the payment of the Bond with its property. The Bond and the interest thereon shall never constitute the debt or indebtedness or a multi- year fiscal obligation or the financial obligation of the State of Colorado or any political subdivision thereof, including the Issuer, within the meaning of any provision or limitation of the Colorado Constitution or statutes of the State of Colorado, and shall not constitute or give rise to a pecuniary liability of the Issuer, its agents , employees or officers, or a charge against its general credit or taxing powers . In entering into the Issuer Docwnents, the Issuer will not obligate itself, except with respect to the application of the revenues derived fr om the Agreement and the Bond proceeds . The Issuer will not pay out of its general fund or otherwise contribute any part of the cost of financing the Project. No costs are to be borne by the Issuer in connection with the issuance of the Bond. The Agreement provides that all fees and expenses of the Issuer shall be paid by the Borrower. Section 5. Bond Printing and Related Matters . The Mayor and Clerk of the Issuer are hereby authorized and directed to execute the Bond and the Borrower shall arrange for the printing of the Bond. The Borrower shall pay for all costs in connection with the preparation and printing of the Bond and no such costs are to be borne by the Iss uer . The Bond will be purchased by the Bank in ac cordance with the Agreement. Section 6. Bond Ordinance Irrepealabl e . After the Bond is issued, this Ordinance shall constitute an irrevocable contract between the Issuer and the holder(s) of the Bond and shall be and remain irrepealable until the Bond, both principal and interest, shall be fully paid, cancelled and discharged . Section 7 . Ratification. All actions heretofore taken by the Issuer and by the officers thereof or on their behalf not inconsistent herewith directed toward the financing of the Project and the issuance and sale of the Bond are hereby ratified, approved and confirmed. Section . Repealer. All acts , orders , ordinances, or parts thereof, taken by the Issuer and in co nfli ct with this Ordinance, are hereby repealed except that this repealer shall not be construed so as to revive any a t, order, ordinance, or part thereof heretofore repealed . ther Matters . By the pa ge of thi Ordinance, the City ouncil does not it ppr ving hereby, any matters relatin to licensin , permittin , ubdivi ion ping of the P ~ect . Section 10. Severability. If any paragraph, clause, section or provision of this Ordinance, except Section 4 hereof, is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses, sections or provisions hereof. Section 11 . Emergency Declaration. The City Council recognizes that market interest rates are changing materially from day to day, that the Agreement is scheduled to become effective February 23, 2007 and that the Borrower desires to effect the refinancing of its loans and ensure its currently negotiated rate is not required to be reset at greater costs to the Borrower; therefore, the City Council hereby finds and detennines that this Ordinance is necessary for the immediate preservation of public property, health, peach and safety and shall be in full force and effect immediately upon final passage by the City Council. Section 12. adoption. Effective Date. This Ordinance shall be effective immediately after final Introduced, read in full, and passed as an emergency bill for an ordinance on first reading on the 5th day of February, 2007. Published as an Emergency Bill for an Ordinance on the 9th day of February, 2007 . Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of February, 2007. Loucrishia A. Ellis ' ' ' • ... COUNCIL COMMUNICATION Date: February 5, 2007 Initiated By: Agenda Item: 11 a ii Subject: A Bill for an Ordinance authorizing and approving the issuance of Private Activity Bonds to refund debt for Jefferson Hills (a youth treatment facility) Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the request to issue Private Activity Bonds at the January 8, 2007 Study Session . Council agreed to allow staff to move forward on the issuance of these bonds for Jefferson Hills. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance approving the issuance of Private Activity Bonds. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This bill for an ordinance allows the City to issue on behalf of Jefferson Hills in a total principal amount not to exceed $2,000,000 in Private Activity Bonds . The bonds issued for Jefferson Hills are Private Activity Bonds. This type of bond may be issued under certain circumstances by a variety of entities, including those with 501 (c)3 status . The issuer uses the City's tax exempt status to issue debt that pays tax-ex empt interest over the life of bonds if strict restrictions are adhered to. The tax exempt status lowers the cost of borrowing, and therefore may provide an incentive to non-profit organizations to take on projects or provide services that might not otherwise be undertaken. Although the issuer uses the tax exempt status of the City of Englewood, the City does not take on any responsibility for the repayment of debt or pledge its credit. The City does risk of loss of reputation and nuisance lawsuits in the event of a default. Both the City Attorney and outside bond Counsel have reviewed the proposed changes and have given their approval. Wellsford has guaranteed their bond rating will not drop below investment grade . FINANCIAL IMPACT Jefferson Hills is solely responsible for the repayment of this debt. The City of Englewood does not pledge its cred it nor does it make any pledge, guarantee, or take any responsibility regarding the repayment of this debt. The City will collect $12,500 to cover administrative expenses associated with this issuance. LIST OF ATTACHMENTS Proposed Bill for an Ordinance D (. ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABil.,LFOR COUNCil., Bil.,L NO. 8 INTRODUCED BY COUNCil., MEMBER ______ _ AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF FIRE TRUCKS FOR THE CITY AND PROVIDING DET All.,S IN CONNECTION WITH THE LEASE-PURCHASE TRANSACTION AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the Home Rule Charter of the City (the "Charter") and the constitution and laws of the State; and WHEREAS, pursuant to Section 30 of the Charter, the City Council of the City (the "Council") has all municipal legislative powers as conferred by general law, except as provided by the Charter; and WHEREAS, in December of 2006, following the competitive bidding procedures set forth in Section 113 of the Charter, the City approved a purchase order to be supplied by Transwest Trucks Inc. for the building, equipping and acquisition of two fire trucks generally consisting of a heavy rescue pumper and a 1500 gallon-per-minute pumper (collectively, the "Fire Trucks") which are expected to be delivered to the City prior to year-end 2007 ; and WHEREAS , pursuant to Section 31-15-101 of the Colorado Revised Statutes , the City has the power to lease-purchase personal property and the Council desires to spread the cost of acquiring the Two Fire Trucks over a period not to exceed eleven years through the lease-purchase of such equipment ; and WHEREAS, the City will advance funds for payment of a portion of costs of the Fire Trucks in anticipation of financing their building, equipping and acquisition by lease-purchase in order to take advantage of certain discounts offered by the supplier; and WHEREAS , the City has received a proposal from Stifel Nicolaus & Company, Incorporated to effect the lease-purchase of the Fire Trucks at a net effective rate not in excess of 5 .75% per annum, which rate is to be determined at the time of the closing on the transaction; and WHEREAS , the details of the transaction are more fully set forth in a Master Equipment Lea se/Purchase Agreement (the "Lease Agreement"), and the financ ial obligatio n of th e City und er the Lease Agreement sha ll constitute currently budgeted ex pendi tures of the City; and WHEREAS, the Council is desirous of authorizing and directing the transaction described above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil., OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Approval of Lease Purchase Terms. The City Council hereby approves the lease- purchase of Two Fire Trucks for an amount not to exceed $950,000 (which amount, in whole or in part, shall reimburse the City for funds which the City currently intends to advance), with annual payments not to exceed $135 ,000 . The City Council hereby delegates to the Mayor, or in the absence thereof, the Mayor Pro Tern, the authority to determine the net effective rate for the lease-purchase, which rate shall not be in excess of 5. 75% per annum, and the term of the lease-purchase financing, which term shall not exceed eleven years . Section 2. Approval of Lease Agreement. The Lease Agreement, in substantially the form and with substantially the content presented to the City, is in all respects approved, authorized and confirmed. Section 3. Execution and Delivery of Documents . The Mayor or, in the absence thereof, the Mayor Pro Tern is hereby authorized and directed to execute the Lease Agreement, and the signature of the Mayor or Mayor Pro Tern shall conclusively determine acceptance of the final form and content of the Lease Agreement and the valid execution of the Lease Agreement by the City. Additionally, the Mayor, other officials and employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional agreements, certificates, documents and other papers and to perform all other acts that they may deem necessary or appropriate in order to implement and carry out the transaction authorized and contemplated by this Ordinance, including but not limited to an Internal Revenue Service Form 8038-G. Section 4 . Declarations and Findings. The City Council hereby determines and declares that the rental payments under the Lease Agreement (the "Rental Payments") represent the fair value for the use of the Fire Trucks, and that the Purchase Price (as defined in the Lease Agreement) represents the fair purchase price of the Fire Trucks. The City Council hereby determines and declares that the Rental Payments do not exceed a reasonable amount so as to place the City under an economic or practical compulsion to appropriate moneys to make payments under the Lease Agreement or to exercise its option to purchase the Fire Trucks pursuant to the Lease Agreement. In making such determinations, the City Council has given consideration to the current market value of the Fire Trucks, the cost of building, equipping and acquiring the Fire Trucks, the option of the City to purchase the Fire Trucks, and the expected eventual vesting of full title to the Fire Trucks in the City . The City Council hereby determines and declares that the duration of the Lease Agreement , including all optional renewal terms, authorized under this Ordinance, does not exceed the weighted average useful life of the Fire Trucks. Section 5. Bank-Qualified Determination. The City hereby designates the Lease Agreement as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended . Section 6. Obligations of the City. No provision of this Ordinance or the Lease Agreement shall be construed as creating or constituting a general obligation or a multiple-fiscal year direct or indirect indebtedness or other financial obligation whatsoever of the City nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Lease Agreement shall be in effect. Section 7 . Ratification of Prior Actions . All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or by the officers and employees of the City regarding the acquisition or lease-purchase of the Fire Trucks, or directed toward satisfaction of the City's obligations under the Lease Agreement, are hereby ratified, approved and confirmed. Section 8. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application i limited, it application hall be limited as required to mo t fully implement it purpo e . Section 9. Effective Date. The Ordinance shall be effective immediately after final adoption. Section 10. Repealer. All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Section 11. Emergency Declaration. The City Council recognizes that market interest rates are changing materially from day to day, and that the City desires to effect the financing of its lease and ensure it does not incur greater costs to the City; therefore, the City Council hereby finds and detennines that this Ordinance is necessary for the immediate preservation of public property, health, peach and safety and shall be in full force and effect immediately upon final passage by the City Council. Introduced, read in full, and passed as an emergency bill for an ordinance on first reading on the 5th day of February, 2007. Published as an Emergency Bill for an Ordinance on the 9th day of February, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of February, 2007. Loucrishia A. Ellis I f":. COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 5, 2007 11 a iii A bill for an emergency ordinance authorizing and approving the lease-purchase of a Heavy Rescue Pumper and a 1500 GPM Pumper Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council discussed the acquisition of a Heavy Rescue Pumper and 1500 GPM Pumper at the Budget Retreat on September 23 , 2006 and at a study session held on November 6, 2006. Council awarded the bid, by Motion, to Summit Emergency Equipment on December 4, 2006 . RECOMMENDED ACTION Staff recommends the City Council approve the attached Bill for an Emergency Ordinance approving the lease-purchase of a Heavy Rescue Pumper and 1500 GPM Pumper. This action is being done as an emergency to protect the City of Englewood from the possibility of an adverse fluctuating in interest rates that could increase debt service requirement of the lease. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This bill for an ordinance allows the City to c onserve its capital and take advantage of interest rates . This equipment will be leased over 10 years. Delivery of this equipm ent will most like take plac e at th e end of 2007 or early 2008. FINANCIAL IMPACT This action preserves a low interest rate not to exceed 5.75 percent. The annual principal and interest payments over the term of the lease will not exceed $135,000. The total principal paid will not exceed $950,000. Total payments over the ten -year term will not exceed $1 ,35 0,000. The first payment for the lease will be paid from funds paid into the Capital Equipment Replacement Fund . The source of the remaining payments will be determined during the annual budgeting pro ess. LI ST OF ATTAC HM EN TS Propo d Bill for an Ordinan ORDINANCE NO. SERIES OF 2006/2007 BY AUTHORITY COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, TABLE 1.1 (C), AND SECI10N 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO EMERGENCY TEMPORARY SHELTERS. WHEREAS, the Unified Development Code, as adopted, provided for emergency shelters as a conditional use; and WHEREAS, a conditional use requires approval by the Planning and Zoning Commission after a public hearing; and WHEREAS, the current procedure does not allow for immediate decisions which are needed in an emergency situation; and WHEREAS, this limited use procedure allows for a prompt determination while insuring the public safety; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5 , Section 1.1 (C), of the Englewood Municipal Code 2000 , to read as follows: 16-5-1 : Table of Allowed U s es. Table 16-5-1.1 below sets forth the categories and types ofuses allowed within the respective zoning di stricts. A. Explanation of Tab le Abbreviations. 1. Permitted Uses. A "P" in a cell indicates that the use type is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Title, including the development standards set forth in Chapter 16-6 EMC. 2 . Conditional Uses. A "C" in a cell indicates that the use type is allowed only if reviewed and approved as a conditional use subject to a public hearing, in accordance with the conditional use review procedures of Section 16-2-12 EMC . 3 . Accessory Uses . An "A" in a cell indicates that the u e type is allowed only as incidental to the principal use on a site; ee Section 16-5-4 EMC for regulations governing acces ory u e . -1 - 11 bi 4. Limited Uses . An "L" in a cell indicates the use type is generally appropriate in the zoning district, yet may have the potential for limited impacts on adjacent properties or on the character of the district. These uses are subject to an administrative review that grants the City the authority to impose conditions on the specified use to mitigate potential impacts. See Section 16- 2-13. 5. Temporary Uses. A "T" in a cell indicates the use type is allowed only for a limited duration. See Sections 16-2-14 and 16-5-5 EMC, for regulations governing temporary uses. 6. Prohibited Uses . A blank cell indicates that the use type is prohibited in the zoning district. 7. Additional Regulations. Regardless of whether a use category is permitted by right or as a conditional, accessory, limited, or temporary use, there may be additional regulations that are applicable to a specific use. The existence of these use-specific regulations is noted through a reference in the last column of the use summary table entitled "Additional Regulations." References refer to subsections of Section 16-5-2 EMC, "Use-Specific Standards ." Such standards apply to all districts unless otherwise specified. B. Unlisted Uses . 1. Procedure for Approving Unlisted Uses. Where a particular use category or use type is not specifically allowed under this Title, the use category or type may be permitted by the City Manager or designee upon a finding that the criteria of subsection B .2. below are met. The City Manager or designee shall give due consideration to the intent of this Title concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question. 2. Criteria for Approving Uri li fted Uses . The City Manager or designee may allow an unlisted use (pumitted, conditional, limited, accessory, or temporary) in the zoning distnct ifhe finds that the proposed u se has an impact that is s imilar in nature, function , and duration to the other u ses a llowed in a sp ecific zoning distri ct. In making such find in g, the City Manager or designee shall asses~ all relevant characteristics of the proposed use, including but not limited to the following: a . The volume an type o sales, retail, wholesale; size and type of items so ld and nature of invent ory on the premises; b . Any processing done on the premises, includin g assembly, manufacturing, warehousing, shi pping, d istri bution; any dangerous, hazardous, toxic, or explosive materia ls used in the proce sing; c. The nature and location of storage and outdoor di play of merchandi e; enclosed, open, in ide or outside the principal building; and predominant type of items tored ( uch a bu in v hicl , -2 - work-in-process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders hazardous or not); d. The type, size, and nature of buildings and structures ; e . The number and density of employees and customers per unit area of site in relation to business hours and employment shifts; f . Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site; g. Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses; h . The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation and fumes; 1. Any special public utility requirements for serving the proposed use, including but not limited to water supply, waste water, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities ; and j . The impact on adjacent properties created by the proposed use will not be greater than that of other uses allowed in the zoning district. 3. Effects of Finding by th e City Manager or Designee. a . Typical Uses: Added to this Title: (I ) The City shall initiate periodic amendments to this T itle if the C ity Manager or designee finds that the particular use or class o f use(s) is likely to b e common o r to recur freque ntly, o r that omission of specific inclusion and reference to this Title is likely to lead to public uncertainty and confusion. (2) Until final action has been taken on such proposed amendment, the determination of the City Manager or designee shall be binding on all officers and departments of the City. b . Atypical Uses : Determination Binding. In making a determination whether to approve an unlisted use, the City Manager's or designee's determination shall thereafter be binding on all officers and departments of the City, without further action or amendment of this Title if the City Manager r de ignee finds the particular u e or cla of use( s) i of an unu ual or tran itory nature, or i unlikely to recur fr uently. -3 - c. Appeals. Appeals of decisions to approve or deny unlisted uses shall be appealed to the Commission. C . Table of Allowed Uses . ,....TABLE -16:s.1.1 : TABLE-OF ALLO WEQ.,QSE ~~t~;::.:. :-.~~-::~~;;3£.,,;(~~~~~.&\n ~~~~ P = PERMITTED U SEC= C ONDITIONAL U SE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESS ORY U SE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE U se Category RESIDENTIAL USES Group living I I I I I le le IP IP I I I I 16-5-2.A.l facility, large/special Group Living I Group living p p p p p p p p p p I I I 16-5-2.A.1 facility, small Small treatment e center e p p I I I 16-5-2.A.1 Bou1ebold Living I Live/work dwelling p lp IL IL I 16-5-2.A.2 -5 - - park Multi-unit d welling p p p p p p 16-5-2.A.4 One-unit attached p p p p p p dwelling One-unit detached p p p p p p p 16-5-2.A.5 dwelling One-unit detached p p p p p dwelling on a small p p lot Two-unit dw elling p p p p p 16-5-2.A.6 PUBLIC/INSTITUTIONAL USES Aaimal Shelter Not-for-profit p p animal shelter Emergency Housing shelter, t ,,L (:; l fi-5-fi .D. l Te.mporary Shelter feed 1he 1te , L All other buildings Government and City and facilities not p p p p p p p specified under the p p p p p Pu bUc/lns t itutional Uses category Library Public p p p Museum/Cultural All uses p p p p p -6 - Athletic field C C C C C C C C p p Park and Open Space Community garden C C C C C C C C Park p p p p p p p p p p p p Religious Religious Assembly institutions and p p p p p p p L L L L L associated accessory uses School Education p p p p p p p p p C institution Alternative tower p p p p p p p p p p p p Telecommunication structure Facility (Su Chapter Antenna 16-7, (microwave p p p p p p p "T de-co111111 unications, antenna, sectorized p p p p p "for ,q,plica/,l_e use-panel antenna, whip nllllu guidelines and antenna) Slllnurtls) C C C C C p p Tower structure C C C C C RTD maintenance p p Transportation facility Facllity Transit center p Utility Facility (not ... _. ....... D D 1£'"'1D1 ---" -7 - including facility Telecommunication Minor utility facility C C C C C Facility) (as a principal use of C C C C C C C land) COMMERCIAL USES Adult Use All types as defined p p 16-5-2.C.1 in Chapter 16-11 Greenhouse/nursery Agricultural Use , raising of plants, p p 16-5-2.C.2 flowers, or n ursery stock Animal shelter p p KenneVday care L p p Animal Sales and Service Pet store (live .P animal sale) p p p p Small anima l veterinary hospital L p C p p or clinic Assembly ball or auditorium, b all p p C p p Assembly rental for meetings or social occasion s Membership p p C p p -8 - organization ( excluding adult use) Dependent care Dependent Care center(less than 24-C C C C C p p p p C 16-5-2.C.7 hour care, a ny age) Amusement C C C C C establishment Physical fi t nes s p p p p p Entertainment/ center/spa Amusement: Indoor Theater an d performanc e/concer p p t venue, not p p p including adult entertainment Entertainment/ General ou tdoor C C Amusement: O ut door recreation C Check cashi ng p p p facility Financial institution, p p Finandal lnst.itution with drive-through L service Financial institution, p p p p p without drive- -9 - through service Brewpub p p p p p Caterer p p p Microbrewery p p p Food and Beverage Restaurant, bar, Service tavern with or p p without outdoor p p p operations Restaurant, with p p drive-through L service Take out and p p delivery only Clinic p p p p p Health treatment p p p Medical/Scientific facility Service p p Hospital p p Laboratory( dental, p p p p p p medical or optical) -10 - - Office, type 1 p p p p p Office (general) Office, type 2 p p p p p p p 16-5-2.C.8 (limited) Crematorium C Dry cleaner, drop-p p p p p off site only Instructional p p p p service Massage therapy p p p p p Mortuary p Retail Sales and Service(Personal Personal care p p p p p Service) Service: photography studio p p and photo lab, p p p upholstery, printer, locksmith, tailor Tattoo and body-p p piercing establishment Temporary C C 16-5- employment 2.C.11 -11 - business Retail Sales and Equipment rental L p p Service (Repair and Rental) Repair sho p (not p p including auto) p p p Retail Sales and Antique store p p p p p Service (Sales) Art gallery p p p p p Auction ho use p p p Buy-back shop , second ba nd, thrift, p p p consignment Convenience store p p p p Grocery/s pecialty p p p p p food store Internet Sale s p p Location p Liquor store p p p p p Pawnbroker p p p 16-5- 2.C.10 -12 - - ForTSA, Pif<= 20,000 sq. ft., Retail sales, general p p P/C p p Cif> merchandise 20,000 sq. ft. of gross leasable floor area School Trade or business p p C p p 16-5- school 2.C.12 Radio/television Studio broadcasting studio, p p p recording/f"tlm studio Vehicle and Automobile p p p 16-5- Equipment pawnbroker 2.C.10 Automotive sales, L p p 16-5-2.C.3 rental Automotive service and repair, p p including body or fender work Automotive service L p p 16-5-2.C.4 . . _ .. . ·-. including body or -13 - fender work Automotive service station {gas oline L p p 16-5-2.C.5 facility) Car wash, auto L L 16-5-2 .C.6; detailing L 16-5-2.C.4 Commercial storage of operable vehicles p p 16-5-2.C.3 Fuel dispensing L p p Parking fa cility, structure { operable C C p p 16-5-2.C.3 vehicles ),principal L L C u se Parking area, surface{ operable C C L p p 16-5-2.C.9; vehicles ),principal L C 16-5-2.C.3 u se Recreational vehicles and boats, L p p sales or rental Visitor Bed and breakfast p Accommodation Hotel p p -14 - Wholesale Sa les and p p distribution MANUFACTURING/INDUSTRIAL USES Industrial service, p p 16-5-2.D.3 light C (TSA Industrial Service only) Industrial service, p heavy Manufacturing, Manufacturing, p p 16-5-2.D.4 Including Processing, lig ht C (TSA only) Fabrication, or Assembly Manufacturing, p heavy Fuel storage L L Warehouse/Storage Mini-storage L p facility Moving and storage L p Outdoor storage L p Storage ya rd for vehicles, equipment, L p 16-5-2.D.6 material, a nd/or supplies -1 5 - Warehousing and/or L p storage Automobile C p wrecking/ sal vage 16-5-2.D.1 yard Commercial C incinerator Hazardous waste C C 16-5-2.D.2 handling Recycling operation, all processing occurs p p 16-5-2.D.5 within enclosed Waste/Salvage structure Recycling operation, some or all C C 16-5-2.D.5 processing occurs outside an enclosed structure Sanitary se rvice C Waste transfer C C station(not including hazardous wa ste) ACCESSORY USES -See Section 16-5-4 for additional regulations Home Care Accessory ........ ---_. __ .. r A A A .. .. ... -- -16 - care A Family child care C-A A home A Uses (Accessory to Principal One-Unit C- Dwelling Uses Only) Infant/toddler home A A A Large child care L-L- home A A Caretaker's q uarter Other Accessory Uses Dormitory Home occupation A A Minor utility facility L-L-L- (as accessory u se of A A A land) Parking area (surface) Parking garage Satellite dish A A A antenna A A A A L-L- A A A A L-L- A A A A A ,;--.. ( A A A L- A A A -1 7 - A A A A L-L- A A A A A A A A A A A A A 16-5-4.C.1 L-L-L-L-16-5-2.B.1 A A A A A A A A 16-5-4.C.2 A A A A A 16-5-4.C.3 Service uni ts or A A 16-5-4.C.4 facility Swimming pool A A A A A A A A A A A A 16-5-4.C.5 TEMPORARY USES -See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T Expansion or T T T T T T T replacement of T T T T existing fac ilities Farmers m arket T T T T T Food Ven dor Carts T T T T T Mobile storage (with T T T T T T T or without building T T T T T permit) Real estate sales or T T T T T T T leasing office (also T T T T T model ho mes) Outdoor Sales ( e.g., tent sales, parking T T lot sales, seasonal T T T sales, winds hield repair, sales from -18 - -. retail vendor carts, etc.) Special eve nt (e.g., T T T T T T T carnival, b azaar, T T T T T fair) Tents, canopies T T T T T T T T T T T T USES NOT See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory MENTIONED and temporary uses. -1 9 - Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, with the addition ofa new Section 6, of the Englewood Municipal Code 2000, to read as follows : 16-5-6 : Limited Uses, A.. Purpose This Section establishes specific administrative review criteria for certain limited uses identified in Table 16-5-1.1 EMC, "Table of Allowed Uses". B... Limited Use Permits. All uses identified as limited uses in Table 16-5-1.1 EMC, "Table of Allowed Uses" shall be required to obtain a Limited Use Pennit pursuant to the procedures set forth in Section 16-2-13 EMC. C. General Requirements for All Limited Uses All limited uses shall meet the general requirements of Section 16-2-13(C) "Criteria". D... Specific Regulations for Certain Limited Uses 1. Emergency Temporary Shelters. c. Emergency Temporary Shelters shall be permitted to operate only within a public/institutional building <i .e. government facilities, churches. schools). Emergency Temporary Shelters shall meet all applicable Building and Fire safety requirements. Operation of an Emergency Temporary Shelter shall be limited to five <5} consecutive days per Limited Use Pennit with a maximum of six <6} permits ner calendar vear, Any Emergency Temporary Shelter operating more than thirty (30} days per calendar year shall be considered a group living faciljty and sha ll be subject to regulations of 16-5-2:Al of the Englewood Municipal Co de . Upon review, the City Manager or designee may extend the time of operation or modify the type of building where an Emergency Temporary Shelter is pennitted based on community need and the nature of the emergency, The City Manager or designee may set additional requirements beyond those outlined above depending on the site. structure used or operation of the Emergency Temporary Shelters , Section 3. Safety Clau es . The City Council hereby finds, determines, and declares that thi Ordinance is promulgated under the general police power of the City of Englewood, that it i promulgated for the health, safety, and welfare of the public, and that thi Ordinance is nece ary for the pre ervation of health and safety and for the -20 - protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 18th day of December, 2006 . Published as a Bill for an Ordinance on the 22nd day of December, 2006. A Public Hearing was held on the 8th day of January, 2007 Read by title and passed on final reading on the 5th day of February, 2007. Published by ti tle as Ordinance No._, Series of 2006/2007, on the 9th day of February, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis , City Clerk -21 - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of2006/2007 . Loucrishia A. Ellis -22 - I ) __ .......,. ..... =--------~------------- ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AMENDING TITLE 15, CHAPTER 9, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO CLARIFY THE TYPE OF TRAILERS THAT MAY BE STORED. WHEREAS, the City Council of the City of Englewood, Colorado wishes to clarify the types of trailers that might be stored on residential property; and WHEREAS, the clarification provides that a trailer under 3,500 pounds may be stored in a carport or rear or side yard if it is on a hard surface; and WHEREAS, an additional ORV or trailer under 5,000 pounds may be stored in a rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way; and WHEREAS, trailers in excess of 5,000 pounds are not to be stored in residential areas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 15, Chapter 9, Section 2, of the Englewood Municipal Code 2000 , to read as follows : 15-9-2: Vehicles: Off-Road (ORV) and Trailers . A. Off-Road Vehicles (ORV) and Trailers in All Residential Zone Districts. 1. No ORV or any type of trailer shall be stored within the front yard. 2 . No person shall store or work on any ORV or any type of trailer within th e front yard or in or on any public right-of-way, except that such vehicles may be temporarily maintained in the front yard , on a hard surface, for the purposes of transport, loading, unloading, or other temporary activities . Such transport, loading, unloading, or other temporary activities shall not exceed eight (8) hours per day. -1- 1 b ii 3. One (1) ORV or trailer under 3 500 pounds, may be stored in a carport or a rear or side yard if it is on a hard surface. Any additional ORV or trailer under~ ~ may be stored in the rear or side yard if it is on a hard surface and screened from view of adjacent properties and public rights-of-way. B. Off-Road Vehicles (ORV) and Trailers in Zone Districts Other Than Residential (including TSA Districts and PUDs). 1. No off-road vehicle or trailer shall be stored unless it is on a hard surface, screened from view of adjacent properties and public rights-of-way or in a fully enclosed structure. 2. The provisions of this Section shall not apply to permitted and/or licensed ORV and trailer uses. Section 2. Safety Clauses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. -2- \ I ( Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed on first reading on the 8th day of January, 2007. Published as amended as a Bill for an Ordinance on the Ii11 day of January, 2007 . Read by title and passed on final reading on the 5th day of February, 2007 . Published by title as Ordinance No._, Series of 2007, on the 9th day of February, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007. Loucrishia A. Ellis -3- ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE PERMANENf REMOVAL OF A BILLBOARD LOCATED AT 2730 SOUTH BROADWAY AND REBUILDING THE BILLBOARD AT 2896 SOUTH BROADWAY. WHEREAS, at the present time there are two legally permitted billboards located at 2730 and 2896 South Broadway; and WHEREAS, the property owner for each of these properties is interested in removing one of these billboards to make way for a mixed-use infill redevelopment project located at Broadway and Yale; and WHEREAS , the site is currently encumbered with a long term lease through CBS Outdoor, a bill board and advertising agency ; and WHEREAS, the property owner has worked with CBS Outdoor to renegotiate the billboard lease agreement; and WHEREAS, the Englewood Zoning Code does not allow new billboards to be constructed, modified or permitted within the City; and WHEREAS, the City does not have the authority to issue a permit for this project without City Council approval; and WHEREAS , the Community Development staff has determined that the current Sign Code does not adequately address the issue of billboards and this "two for one" policy may be incorporated in any new Sign Code revision; NOW, THEREFORE , BE IT ORDAINED BY THE C ITY COUNC IL OF T H E C ITY OF ENGLEWOOD, CO LORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby approves the permanent removal of one billboard at 2730 South Broadway and the rebuilding of the billboard located at 2896 South Broadway, which shall be considered a nonconforming sign subject to all the requirements of nonconfonning signs . Introduced, read in full , ame nded and passed on first reading on the 8th day of January, 2007. Published as an amended Bill for an Ordinance on the 12th day of January, 2007 . Read by title and passed on final reading on the 5th day of February, 2007. Published by title as Ordinance No._, Series o f 2007, on the 9th day of February, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2007 . Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Subject: February 5, 2007 Agenda Item: 11 b iii Second Reading-2896 South Broadway Billboard Permit Initiated By: Staff Source: Community Development Department Robert Simpson, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Englewood City Council expressed an interest in providing policy input on projects involving economic development or community revitalization. RECOMMENDED ACTION Staff requests that Council approve the attached Bill for Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently two legally permitted billboards are located at 2730 and 2896 South Broadway. The property owner for each of these properties, Mr. Jon Cook, is interested in removing the billboard at 2730 South Broadway to make way for a mixed-use infill redevelopment project at Broadway and Yale. The site is encumbered with a long term lease through CBS Outdoor, a billboard and advertising agency. As part of the negotiation efforts to move the proposed redevelopment forward, Mr. Cook and Director Simpson have worked with CBS Outdoor to renegotiate the billboard lease agreement. The proposal would involve permanently removing one billboard at 2730 South Broadway and rebuilding the billboard at 2896 South Broadway. Currently, the 2730 South Broadway billboard is double faced 12 ' x 25' and is 25' high on a steel base . The total sign area of 2730 is measured by City Code as 300 sf. The 2896 South Broadway billboard is single faced 12' x 25' and is 41' high on a steel base. The total sign area of 2896 is measured as 300 sf. Both billboards were erected in the early 1960s and total 600 sf of signed area. The proposed billboard at 2890 Sou th Broadway would be cons tructed as a double faced 14' x 48' billboard and at an existing height of 41 '. The total measured sign area would be 672 sf. The total increase in sign area is 72 sf or a 10.7% increase over the two existing billboards. The Eng lewood Zoning Code does not allow n w billboards to be construc t ed, modifi d or p rmitt d within th City. Th se billbo rds w r p rmitt d by varianc and will run with th Th r ar no pro s to address th is r qu t nd t ff do not h v th uthority to i u p rmit for thi r qu t without approv I from City Council. Community Development staff has considered this unusual request because it reduces the total number of non-conforming billboards on South Broadway. There are currently 8 total billboards in Englewood. Six billboards are located along Broadway and two billboards are located on US 285. This type of case will only be considered on a case by case basis to ensure that the City of Englewood is achieving positive redevelopment goals . With Council approval of this permit request, Englewood facilitates the efficient redevelopment of 2730 South Broadway and the permanent removal of one billboard. The attached Bill for Ordinance is a Council authorized permit to rebuild an existing billboard at 2896 South Broadway and permanently remove a billboard at 2730 South Broadway. FINANCIAL IMPACT There are no increased financial costs to the City associated with this Ordinan ce. LIST OF ATTACHMENTS Existing sign pictures Council Bill No. 4 '· MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Council Member Wayne Oa.~ ;() City Manager Gary Sears A 1:}{ Sue Carlton Bradshaw, E~ecutive ~ February 5, 2007 National League of Cities Conference The National League of Cities Conference will be held in Washington, D. C. from March 10-14, 2007. Listed below are anticipated expenses while attending the conference. Registration Lodging Meals Airfare/Shuttle Total $340 1,130 317 3.9Q $2,177 If you need additional information, please let me know. Thanks.