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HomeMy WebLinkAbout2005-05-02 (Regular) Meeting Agenda Packet·• • • ,· ,. ~· •' .,. Regular City Council Meeting KAy 2, 2005 Ordinance II /.r, /is, 19, 20, 21, 22, 23 Resolution U ~45, 46, 47, 48, 49, 50, 51, 52, 53 .. # • ,.-..... , I \ I \ I -:s-' \ .. .....,,.., -). I I ! _J • \, - 0 . ;. • .I-, •· • I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO 0 The regular meeting of the Englewood City Council was called 10 order by Mayor Garrett at 7:31 p.m. 2. lnvocatloe The invocation was given by Council Member Barrentine . 3. PledaeofAlealaatt The Pledge of Allegiance was led by Mayor Garrett . 4 . RoUCall Present : Absent : A quorum was present. Council Members Tomasso. Moo,e. Barrentine. Garrett. Bradshaw. Wolosyn. Woodward None Also present: City Mam,er Scan City Attomey Brotzman Assist1111 City Manapr Flaheny City Clert Ellis Director qp,n. Safety Services Director (Tyglcwicz. Finance and Administnlive Services COIIIDIUllicMions ~ialisl Hoffhines, City Manapr's Office ' Senior Planner Lanp. Community ~velopmenl Director Fonda, Utilities Director Simpsoh. Community ~velopmenl Police Lieutcllllll Sanchez. Safety Services Fire Captain Enle. Safety Services 5. Considu11tloe of M•tes of PNvlom S-.. (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL II, JIIS. Mayor Garren asked if there were any comments or corrections. There were none . Vote results: Aye : Nays : Moti n carried. Council Members Barrentine. Moo,e . Bradshaw. 0anett. Wobyn. Woodward. Tomasso None 6. R«opltioa of Sclliedultd hlllk C-.a (a) Mayor Garren id we are pleased 10 have with UI\ th evenina the City or Eapewood's Web Ille team . For those of us who w the revued web lie . and have played Oft II a htde bit over die lalt few days. 11 11 a very exciting thing lhal I happcnin& fOJ Engle11o'OOCI. A lot of times people's fin& llllpleUioM are wllal lhey-oa t .. • • Englewood City Council May 2,lOOS Page2 0 your web sile . Ours is going 10 be very robusl and exciling. I would like lo invite Leigh Ann to come up and make a few comments. Ms. Hoffhines said I am here lhis evening to introduce the team and I would also like to thank Council for your support for this project. You have been very supportive all along. As you know, we are ready to launch our new Web site, and this team is responsible for what you are about to see . The team is made up of representatives from each Ci1y department, and they have helped guide the process ... from ideas on design and color schemes to decisions on navigation and information. We didn't always agree on everything along the way, but we did collaborate and we compromised a little and I think we are all proud of the product that we came up with. The team has worked very hard on this project and most of them will continue to be involved, as we go forward, in managing the information on the site. I would like to introduce the team members. Some of them have been involved from the very beginning and some arc recent additions and will be the content authors for their department. City Manager's Office: Mike Aaherty, Assislllnt City Manager Community Development: Nancy Fenlon. Executive Assistant Finance and Administrative Services: Lou Ellis, City Clerk and Frank Gryglewic:t, Director Human Resources: Lynnette Wargin, HR Generalis1 Information Technology: Don Ingle, Director, Brandon Angle, and Ted Wargin. our network guru, has also been very helpful from a technical standpoint Library: Hillary Davis, Children's Librarian Municipal Court: Tamara Wolfe, Court Administralor Parks & Recreation: Denise White, Marketing & Public Information Public Works: Jerry Lancaster, GIS Analyst Safety Services: We have several representatives: Trina Everhart, Research & Technology Manager Fire Capcain Mark Enle, Fire Division Lt. Jeff Sanchez, Code Enforcement & Police Division Chief Building Official Lance Smith. Building & Safety U1ilities : Kerry Bush, Utilities Billing Technician and Torn Brennan. Engineer Wastewa1er : Brenna Durkin, Greg Farmer and Cindy Goodbum Ms. Hoffhines said thank you all very much. There was applause. Ms. Hoffhines said we are here 1onigh1 to officially launch 1he Ci1y's new Web silC . We will be refining the site as we go along. adding informa1ion and features, so please keep checking back regularly IO see wbal we have added and see wha1 is new. And. also give us feedback. We would really love IO hear it. Ms Hoffhines showed the old si1e and said we arc happy 1u bid a farewell lo this sile. I actually had hoped that I could gc1 die Web ICanl to play Taps on kazoos. bu1 they wouldn'1 go for ii. She said Mayor Garrett would you do the honors IO help us launch the new Web si1e? If you would lype in englewoodgov.org .. .I would like lo present our new Web sile. There was applause. Ms. Hoffhines said thank you very much for your lime. · Council Member Bradshaw said thank you for all your efforts Leigh Ann ... all of you. 7. RK'Opitioa of Unscheduled Public Co_. (a) Eugene Norman said I wrote 1his 4'27/05. I am trying 10 pn:senc an image; the lype of image is dependent on us all . Lei 1he pl ay begin. Physici IS declare we are composed of pure light and pure energy . It is also 1a1ed lhat each poin1 contains a cen1cr. Thal implies tha1 you. all of us. are the cencer of the llllivene . The universe has no bounds ... only cencers. Thai cencer of pure lighl contains spiri1 . Handle it right. You are that pure pint. Thi i it. They are i1. I am i1 . We all are i1 and tha1 i thal ... concact . I wroce this S/IIOS . Time is runnina ou1. Get beyond national prime lime TV for 15 minute . I ,.,jll presenc one new idea. All of you samply vote yes or no o n the idea, no11hc person ... pure democracy. You have liulc concrol of your life. This i your chance 10 lake ,ontro l beyond our dilemma as a na1ion. Become one na1ion . Thank you . (b) John Binder, 2009 East Floyd PI.K-e . said I am here 10 wk about the Golf Course and wtlll i goi ng on in hcndan. It says .. from 1he be11nning of 1he Sheridan Urban Rcntwal Project. Eaglewood off1tial 1a 1ed thal 1hcy ,.ere not interested in relocating an put of lhe Englewood Golf Course." Somehow dus ani1udc mu I ha,e hanged. on March I • the Englc,.ood ~ had a large lrtlCle about the Cuy COW1C1I tounng the ' .. .. • • Enalewood City CouncU May 2,2005 Pqe3 wooded area west of the South Platte River . Rick Kahm was quoted as saying "moving the golf course to this area wouldn't greatly disturb the wild life in this area ." J would like to be able to see a copy of this study that backs up that comment. In my opinion, the area of the conflux of Bear Creek with the South Platte is one of the nicest areas in the South Plane Trail. There always seemed to be a lot of birds in this area. The wooded area plays a very important part in making this a very special place. The April 29"' Englewood Herald reported that a proposal had been provided to some Englewood officials. It stated "because negotiations arc about land acquisitions all discussions with City Council members have been held behind closed doors in Executive Session and that the person representing Englewood thought that negotiations were going well ." II was stated that "Sheridan hoped to complete the land acquisition process by the end of July ." This is less than three months away. I thought government had to work out in the open. When is the process going to be opened up for citizens' comments? This area is way too important to have its character changed . Mayor Garren said thank you very much . 8. Coaummlcadom, Proda-dons aad Appoina-1s (a) A letter from Dennis Schum announcing his resignation from the Planning and Zoning Commission was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPJ' THE RESIGNATION OF DENNIS SCHUM FROM THE PLANNING AND ZONING COMMISSION. Motion carried . (b) considered. Ayes : Council Members Barrentine. Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays : None A proclamation naming Orris Saunders as Englewood's Citizen of the Year for 200S was COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE fflE PROCLAMATION NAMING ORRIS SAUNDERS AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 2005. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Woodward. Tomasso Nays: None Moti on carried . Mayor Garren said a week from today at 7:00 p .m. at Malley , we will have a celebration for this. so that is the reason why we arc passing the proclamation tonight . We hope that you can join us . 9. CoawatAlftlda (a) Approval of Ordinances on First Reading There wco: no additional items submitted for approval on first reading . (Sec Aaenda Item 11 ) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (~) (I). (II), (Ill)_. 9 (e) (I). (b) Appro•al of Ordinances on Second Readina (i) ORDINANCE NO. IS, SERIES OF 2005 (COUNCll. BllJ. NO. 10. INl1tODUCED BY CO NCIL MEMBER BRADSHAW) ORDIN E AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN .ARAPAHOE COMM NITY COUEGfJAREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENaqWOOO • • -- Englewood City Council May 2,2005 Page4 ·• • • 0 PERTAINING TO THE BUil..DING OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNI STREET, ENGLEWOOD, COLORADO. (ii) ORDINANCE NO . 16, SERIES OF 2005 (COUNCIL Bll..L NO. I I, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2377 WEST WESLEY A VENUE PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGF/AREA CAREER AND TECHNICAL SCHOOL. (iii) ORDINANCE NO . 17, SERIES OF 2005 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. I FOR A MS4 STORMW ATER PERMIT. (c) Resolutions and Motions (i) A contract with Liquid Waste Management, for cleaning of the Littleton/Englewood Wastewater Treatment Plant (lJE WWTP) anaerobic digesters, in the amount of$67,I00.00. Vote results: Ayes: Nays: Motion carried. JO . Publk Harina lte- Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None No public hearing was scheduled before Council. 11. Ordlna-. Resolution and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving amendments to the Englewood Municipal Code, pertaining to Fences, Walls and Visual Barriers of the Unified Development Code and to set a public hearing for May 16, 2005 to gather public input on thi s issue. She said the fencing regulations were reformatted during Phase I of the Unified Development Code process and during Phase 2 the PlaMing Commission conducted seven study sessions since last August to review and do more in-depth updat ing of the fence code. The Commission focused on clarifying and simplifying existing regulations and also. at the request of Council. they reviewed fence permitted materials and corner Jot fencing regulations . The PlaMing Commission held a Public Hearing on April 1s• and on that date they recommended approva l of the amendments . The amendments are imendcd to provide consistency with the rest of the Code to update and clarify and simplify the regulations and also address previous community concerns reprding permiued materials . If you have any questions I will be happy to address them . Mayor Garren asked if there were any question for Ms . Langon . Co uncil Member Woodward said I have a couple of questions . Under 2-A-3, "replacemem of all or any portion of an existing retaining wall" ... why do we have "any portion"? On the fencina we have 16 feet , but on the retainin& wall , if someone i replacing 3 feet of landscaped timber, why would they be required ? ' .. .. • • Englewood City CouncU May 2,2005 Page5 0 • Ms. Langon said the concern on the difference between the retaining wall and the fence is that the retaining walls often are already adjacent to sidewalks or are already in right-of-way, so we want to have the ability to review all retaining walls so that if an encroachment agreement is necessary we can get that. Mr. Woodward said okay, I understand. Ms . Langon said only because retaining walls are a little bit more permanent than a fence . Mr . Woodward said then on Table 16-6-6.1 is a C!'.fU the same as block? Ms. Langon said concrete masonry unit. .. a CMU is a concrete block . Mr . Woodward said okay. Mayor Garrett asked if there were any more questions. Council Member Bradshaw said if it were neighbors ... if you were replacing an existing retaining wall between properties ... that would fall under this also? Ms . Langon said correct. Mayor Garrett asked if there were any additional questions . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I)· COUNCIL BILL NO. 14 AND TO SET A PUBLIC HEARING FOR MAY 16, 2005. COUNCIL BILL NO . 14. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER 6, SECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO FENCES AND RETAINING WALLS. Mayor Garrett asked if there were any comments. Mayor Garrett said I have one. I still am concerned about the one foot selback off of the fence line from the sidewalk for a retaining wall , just because it creates an odd zone that some times people don't maintain . It sometimes can be very ugly . Vote results: Motion carried. Ayes : Nays : Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn. Woodward, Tomasso None (ii) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the agreement with Valley Sanitation District for realignment of the Valley Sanitation District sewer line at the Wastewater Treatment Plan!. He said quite a while ago. when Valley Sanitation District was formed. it ran a sewer line into the old sewer plant, which crossed land that has since been acquired to become the Bi -City Plant At that time. several easements and a right-of-way were granted for that . Since then we have relocated the sewer line into South Plane River Drive. but the easements and right-of-way were never removed . We negotiated with Valley Sanitation District and they are willing to grant us a quick claim deed for the easements. which will clear our title. We would then take over the maintenance of the line in South Platte River Drive and it becomes part of the Bi-City facility. We would recommend that this be passed so that we can get the title cleared . Mayor Garrett asked if there were any questions for Mr . Fonda . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) • COUNCIL BILL NO. 13. COUNCIL Bill NO . 13 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bill FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN V LLEY SANITATION DISTRICT PERTAINING TO THE REALIGNMENT OF VALLEY SANITATION DISTRICT EWER LINE AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. ' .. .. • • Englewood City Council May 2,2005 Page6 ·• • • Mayor Garrett asked if there were any comments. There were none. Vote results: 0 Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9 • Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 • Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Garrett said in response to Mr. Binder's comment. .. sometimes we do have Executive Sessions for certain items, which is allowed under statute. It is my anticipation that after we conclude some of the preliminary work, that those types of issues would be brought forth for people to then comment on. It is just that in the initial stages, in the time frames that have been quoted in the paper, those arc somebody else's time frames, not the City's time frames. (b) Council Mcmbcn' Choice (i) Council Member Barrentine: I . She said I wanted to recognize a citizen I had some contact with lately, especially with some code enforcement issues. Mr. Walt Perry and his wife arc here and shortly before Mr. Perry went in for knee surgcry ... just a couple of days before he was going in ... by Council request somebody had asked for him to have his fifth-wheel moved. He wasn't given any additional time and he moved that fifth-wheel, at some ei1pense to himself and some aggravation. just before he was going into surgery. he spent an additional $300.00. He has attended various meetings trying to understand why he has had something for that long a period of time in his community which fits in with his neighbors ... a lot of them have RVs. boats and trailcrs ... and he really wasn't coming up with any satisfaction and getting anybody to listen to him. Fortunately, the discussion led him to come up with the idea that since he was told it was because it was a weight issue ... he decided to take it to a State weigh station. It turns o ut that it is under the weight . I understand that Gary with Code Enforcemel!t has told you to go ahead and bring your property back to your home and you can park it wherever you want . And I wanted to tell you that I appm;iatc your sticking it out and I know this was important to you. I am sorry for the inconvenience, the additional cost and certainly the bad timing of all of this and I hope you will accept my apology for that. I am glad you arc able to'bring your property back to your house . 2 . She said I want to give an update on Positively Englewood. as we have secured a bicycle for a pve-away and they arc going to be providing some entry forms for children 12 and under. this time. Each mondl it ,.ill be for a different purpose. but for May it will be on youth and volulllCcring, so they nr,c,d to write a short essay on the back o f the entry form . We will have the drawing at the Opening Day of Pirates Cove on May 2s• at noon . The entry forms will be at the Library and at the Recreation Center on Odord. I am looking forward to that. The bike will be o n d is play there of tomorrow. 3 . he said I had II concern I w given II call by the Chair of the Scientific and Cultural Facilities DIS1nct . They were heanng about a pet111on . A pctmon had been submitted that claimed that they had secured the locatt()ft '"here inv1d T ylor D~ncc Studio w . that the y had an apttmcnt wuh the C11y and that i what they wae prcscnung 10 them. I ha.-c 50mc concern bout tlw .that can·, be poillbie, bec:a111e the City Council hun't heard ' ... • • Englewood City Council May 2,2005 Page7 •• • • 0 about it and it hasn 't been presented. And, of course, she was trying to check out how accurate the information was because the financial setup wasn't appearing very sound and it was a tremendous amount of money that they were applying for ... $147,000.00 ... as well as remodel for the mirrors and the floor, that David Taylor was allowed to take out of that, so there would be additional tenant finish that would need to be done. So, I just need to get some information on this . Director Simpson said we have been marketing the David Taylor Dance space for approximately the last six months and we have had a lot of assistance from Mr. Woodward. One of the things that he did assist us with was to send the space configuration and information out to the Denver Metro Association of Rcalto~ and he also sent it out, on an e- mail, to SCFD mcmbe~. And interestingly enough, we have had a variety of inquires. Most recently the one that we have finally received an application, or proposal for, was from a dance company. They have submitted, late last week actually, and we arc in the process of evaluating that. What we would like to do is to continue forward with the application process. What will happen is that the proposal will be evaluated by staff, it will come forward to the Review Cummittcc, which I believe is still composed of Olga Wolosyn and Jim Woodward, and they will be making some recommendations ... whether it requires additional information, whether it is adequate, whether it is a good application ... and then that will come forward to City Council. I presume .. .I haven't talked to Mr . Brotzman about this ... it might come forward in an Executive Session since it is a contractual issue, but that would be something that Council will eventually get an opportunity to look at. The applicant was applying for SC'FO funding . I JiJ 'I""'"' with the Chairpc=n for the Arapahoe County Board and indicated that we had not made any decisions to date, because it has not been through the formal review process. Council Member Barrentine said so there is nothing that the City said, or your department said on your behalf, that would give them a reason to believe that they already had a deal? Mr. Simpson said no, in fact I have a letter that I can have distributed, that basically states "should the selection committee for the City of Englewood accept the submitted proposal, a letter of notification would be provided to the Arapahoe County Cultural Council." But to date, there have been just discussions, as we have with many businesses, bot no decisions can be made on our part until you, as a Council, see that information. Ms. Barrentine said thanks for clearing that up, maybe they misunde~tood. Council Member Woodward and Council Member Wolosyn said from whom did you get this information? Ms. Barrentine said I talked to the Chair. Mr. Simpson said the name is Vickie Harmon. Ms. Barrentine said she might have misunde~tood some of the information that you provided her as well . Maybe that is where we get some of the conflict, because I undc~tand, from dealing with David Taylor before, that it might be a little bit more difficult for people who are artists, who arc dealing with creative issues, to undemand the complexities of CAM char cs and rent and ~greemcnts. So they were just a little confused and didn't want to get into the same situation when;: people were not understanding what was going on, because she was not presenting that way. Ms. Barrentine said she and her associate ... according to the Chair, they did present it. .. they had what they believed was an agreement and an assurance, on your part. that it was going to go through. So if they misunderstood, I apologize. Mr . Simpson said they might have said that , I don't know what they might have said, I can tell you that I represented, very well, that the City had not made any decisions. Ms. Barrentine said well people misundcntand. I am not saying ,\hat you said that . it was jus! necessary to bring up because you have a ~n. you have; •.n organization, who is presenting ... for $147,000.00 worth of tax money ... and representing that they have a deal with the City and she had every right to come and ask questi o ns to try to find out what was going on. So that is all they were doing. And I know that she talked 10 you and I think she also talked to EEF. Mr. Simpson said she talked to Rick also. Ms . Barrentine said for EEF. Mr. Simpson said yes. actually both of us represent EEF, but she talked to both of us. He said I talked to her in the afternoon and I think she got to Rick earlier in the day . Ms. Barrentine said and then that piggy backs on the fact that David Taylor was coming to them for money. Mr. Simpson said oh, I didn't know that either. Ms. Barrentine said because she had asked for tenant finish money, they nccdcd to know whether he took the floor and the mirrors. so they piggy backed on each other. b«ause then they had to ask David Taylor ... dtd you really take those things out of that building? Then he put himself into a situation where he is liking for money from a tall entity to pay a debt and so they had to make sure how much of what was going on ... 5(' that the two kind of commingled when s he puc that application in . Mr. Simpson said I wasn't aware of that Ms Barrentine said yes, so there were some additional ques tions there. But I just wanted to make ure . (ii) Council Member Bradshaw: ' .. • • Englewood City CouncU May 2,2005 Page8 ·• • • I . She said I would like to thank the Community .J evelopmenl staff again for helping with the Watkins Glass bu siness move. I notice they have the sign up in Littleton that they are moving back to Englewood. 2. She said May 11"' is the Open House on the ACT house on Wes ley, in the afternoon, and I would really encourage you to go up there . Thal is the student designed/student built house in northwest Englewood. 3. She said I will be returning to Habitat this Wednesday to dry wall and paint, I think that's my job, but we will see. So, I am really excited about that and it has been a real positive experience, so thank you. (iii) Council Member Tomasso: I. He said I would like to bring forward the resolution supporting the passage of the Colorado Clean Indoor Air Act. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 44, SERIES m· 2005. RESOLlITION NO. 44, SERIES OF 2005 A RESOLlITION SUPPORTING THE PASSAGE OF THE "COLORADO CLEAN INDOOR AIR ACT' ALSO KNOWN AS COLORADO SENATE BILL 05 -207, PROHIBITING SMOKING IN INDOOR ENCLOSED AREAS. INCLUDING PLACES OF EMPLOYMENT. Mayor Garrett asked if there was any discuss ion. Mayor Garrett said as I stated before. even though I am for a clean Colorado, I will be voting against this one from a government regulation point of view. Vote results: Motion carried . Ayes : Nays: Council Members Moore, Bradshaw, Wolosyn, Woodward, Tomasso Council Member Barrentine. Mayor Garrett (Clerk 's note : This was ite m 12 (b) (i) on the Agenda .( Mayor Garrett presented the resolu1ion to Stephanie Steinberg. Ms. Steinberg said I a m a Colorado resident. I actually live in Greenwood Village and I have been very much involved in grassroots efforts across Colorado in lhe last year for smoking bans. Currently, this bill is being discussed ... actually in the House Health and Human Services Committee this evening. They were still going on 1alking about it and I had to lea ve and come here. The true benefit of this is basically for worker hea lth and public health . We ha ve never advocated against people's choice to smoke. That has never been the issue . It was a matter o f JUSI reloca1ing the places where people smoke.just so other people don't have to breath it. That is all we have ever asked for. is just moving the location. The Colorado Clean Indoor Air Act docs offer clean indoor environments for people so that when they go to work. whether they work i n a restaurant or a bar. they have the abili1y to no l have to brca1h second hand smoke and it nefils the public as well . Several states have already done 1his ... Californ ia. Connecticut. Delaware. New York . Rhode Island. Massachusetts and Maine . CaJifomia has been ,moke free for eight years and that was the inspira1ion. I had gone into a ports bar with my husband and children and we were in there unknown 10 us 1ha1 it was a smoke free place 10 Santa Monica . And we were ready to leave and m y husband said well you don't have 10. no one smoke s here. The place was full of people ... people who had to s mo ke JUSI stepped outside and came back 10. The funny thing i it I just the fear of that transition. but we are very hopeful 1hat we will get 10 1ha1 point and it will be common place. So. "'c want 10 thank you very much. I will be taking this 10 Senator Gr man who i the S1a1c Senator who sponsored thi bill and also to our H<>tL'IC members. Reprcseotauve Lindstrom and Representative Mark Larson al arc the House sponsors of this bill . She said IJUSI "anl 10 1hanl you ver much for your support. ' .• • • Englewood City CouncU May 2,2005 Page9 2. He said there was a nice article in the paper about Arapahoe Acres on Sunday stating what a nice neighborhood it is ... how it is a nice historic neighborhood. And I feel that we should embrace it and usc Arapahoe Acres to show off the community more and keep Denver from claiming it. .. which they always do. 13. City Manager's Report City Manager Scars did not have any matters to bring before Council . 14. City Attoroey's Report (a) Authority. City Attorney Brotzman said I have a request for a motion to settle this usc tax rebate with Sports Mayor Garrett said I will be abstaining from that one since I am employed by Sports Authority Mr . Brotzman said you should have a lcttcr from Browns1ein, Hyatt and Farber. This matter was brought to a Study Session and went to an Executive Session subsequent to that They actually accepted our last proposal, which is to settle all maltcn regarding the confusion between sales and usc tax for $132,000.00. There is no cap. There wasn't a cap under the original agreements. The Sports Authority will not request any further adjustments from the City. Council Member Bradshaw said I have a question on the terms. How long do those run? Mr . Brotzman said I believe there are two more years on the agreements. Ms. Bradshaw said on both buildings? Mr. Brotzman said yes, on both buildings. Ms . Bradshaw said okay, so then the call on this will end in 2007? Mr. Brotzman said I believe that is correct. Ms. Bradshaw said okay. Mayor Pro-Tcm Wolosyn called for the vote . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE SETTLEMENT OF THE USE TAX REBA TE CLAIM. Vote..-Ns: Ayes : Nays : Abstain : Motion carried . Council Members Bancntinc, Moore, Bradshaw, Wolosyn, Woodward, Tomasso None Mayor Gan-cu Council Member Wolosyn said I would just like to point out that the SI 32,000.00 is half of the amount of money that they contested . This was, as the letter says, I think on both of our parts, a good faith gestw'e in the spirit and intent of usc tax agrcc:rncnls . And also, I would add. this continues a good worltina relationship . ••••• Mayor Garrett said I would encourage you to come 10 Malley a week from tonight at 7 o'clock and cclcbratc our Cuizcn of the Year . Thank you very much . 15 . A~ t -·~ .. . .... • • --- 1. 2 . 3 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 2, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. Q .'!JI~ Invocation. ~ Pledge of Allegiance.~ 4. Roll Call. at/ '1 ~ 5. Consideration of Minutes of Previous Session . ~ (/ {). Minutes from the Regular City Council meeting of April 18, 2005. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. The City of Englewood's Web site team will unveil the City's new Web site. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time fo r un sc heduled public comment may be limited to 45 minutes and if limited shall be continued to ~~e1~t0 AA7~Af,fA) -8n-~ OFtll~IJPl~V /J-. (J'}fl A) g/lJOU:.. -t;{x.p-~ ~ 8 . Communications, Proclamations, and Appointments. Letter from D~~nis s,ch'T1 an no~ing his resignation from the Planning and Zoning Commission .~ Proclamation naming Orris Saunders as Englewood's Citizen of the Year for 2005.~ 9. Consent Agenda Items. a. Appr°Frdinances on First Reading. Please note : If you have a disability and need auxiliary aids Of services, please notify the Oty of Englewood (3 03 ·762-2 407) at least 48 hours In advance of when services are needed. Tori you. /I ' ... .. .. •· • • ... • Eng lewood City Cou ncil Agenda May 2, 2005 ~p2 • . tJpfJ?-o ~4v-~ ~MU /bJgju;~~ C) ' · b . Approval of Ordinances on Second R;11:;,_w ~..,. -~'tf V'i ~ i i/r/i / ,f,f//) J~ I f')tfl-Js i. tu/~ ii . f!ltf /1 iii. Council Bill No. 10 authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College for the Area Career and Technical School for the school year 2005/2006 to construct a single-family residence at 2350 South Zuni Street. Council Bill No. 11 authorizing the sale of 2377 West Wesley Avenue in Englewood. Council Bill No. 12 approving the Intergovernmental Agreement {IGA) between the City of Englewood and the Arapahoe County School District No. 1 for the MS4 Storm Water Permit. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, a contract for cleaning of the Littleton/Englewood Wastewater Treatment Plant {L/E WWTP) anaerobic digesters . The Committee recommends awarding the contract to the low bidder, Liquid Waste Management, in the amount of $67,100. STAFF SOURCE: Stewart H. Fonda, Utilities Direct, and Jim Tallent, Operations Division Manager. 10. Public Hearing Items . (No Public Hearing Schedule(!.) ff 11 . Ordinances, Resolutions and Motions. a. Approva l of Ordinances on First Reading . i. fJpptl 'l-{) Council Bill No. 14 -Recommendation from the Community Development Department to adopt a bill for an ordinance approving amendments to the Englewood Municipal Code, pertaining to Fences, Walls and Visual Barriers of the Unified Development Code. Staff requests that Council set a public hearing for Ma 16, 2005 to · . n hi · • STAFF SOURCE: Tricia Langon, Senior Planner·tr5~~r.J._.r-- Coun cil Bill No. 13 · Re commendation from the Littleton/Englewood Wastewater Trea tm en t Plant to adopt a bill for an ordinance approving the agreement with Valley Sanitation District for realignment of the VaUey Sanitation District sewer line at the Wa~t&a~er,rrej'men~nt. STAFF SOURCE: Stewart H. Fonda, Director ofUtilitieslZ)~ b . Approval of Ordinances on Second Reading . fr c . Reso lutions and Motions. ~ Please note: If you have a d1sabi 1ty and need auxiliary aids or services, pie-notify the City of Englewood (3 03-7 62-2407) at least 48 hours in advance of when services are needed. Thank ou. •· ' .. .. • • Englewood City Council Agenda May 2, 200,5 Pag1! 3 . 12 . General Discussion : a. Mayor's Choice. b . Council Members' Choice. JJIAAJ/, 'ti 5 ~ A ,ewl"tion of '"PP"" fo, Senale BUI 207, ti,e Colo,ado lndoo, C~an A;,~ IVV'V¥1 '?N.+yS_; ~/A),c ~~ \ 13 . City Manager's Report. 7 _,,} 14. City Attorney's Report. /lf}p(J t:r(}-f Settl~nt of Use Tax Rebate Claim~ ( IVJih.1JJ:GH:H!7) 15 . Adjoummen1g:· {6 ~ The following minutes were transmitted to City Council between April 15 and April 28, 2005 : • Alliance for Commerce in Englewood meeting of March 10, 2005. • Board of Adjustment and Appeals meeting of February 9, 2005. • • Code Enforcement Advisory Committee meeting of March 16, 2005. • Keep Englewood Beautiful Commission meeting of March 8, 2005. • Liquor Licensing Authority Telephone Poll of March 16, 2005. • Parks and Recreation Commission meeting of March 10, 2005. • Planning and Zoning Commission meeting of April 5, 2005. • Transportation Advisory Committee meeting of March 10, 2005. Please note: If you have a disability and nttd auioliary aids or services, please nolify the Cily of Englewood (303-762-2407) at least -48 hours in advance of when services a,e needed. ~ -. PLEASE PRINT N E PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNICIHIDUL8D PUIILIQ.QGIIEIINT , DATE: May 2, 2005 t .... . .. • • ( ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 18, 2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garreu at 7 :35 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4. Roll Call Present: Absent: A quorum was present. Also present: Council Members Tomasso. Moore, Barrentine, Garrett. Bradshaw, Wolosyn, Woodward None Assistant City Manager Flaherty City Attorney Brotzman City Clerk Ellis Records Management Clerk Kelly. Finance & Administrative Services Director Olson, Safety Services Battalion Chief Petau, Safety Services Police Lieutenant Sanchez, Safety Services Housing Finance Specialist Grimmett, Community Development Director Fonda, Utilities Director Simpson, Community Development 5. Consideration of Minutes of Previous Ses.gon (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2005. Mayor Garrett as ked if there were corrections or c hanges. Council Member W oodward said I have one change on page 9, the last sentence .. .''the Task Force voted 4 to 6", I believe that sho uld have been "4 to 2". !fl said "4 to 6" I apologize. Counci l Member Bradshaw said that's right. Council. by consensus. accepted th'! change . Vote results: A)CS: ay . b uun: Council Members Barrentine. Booshaw. Gane«. Wolos yn . Woodward. Tomasso ne Counc il Member Moore ' .. .. • • • Englewood City Council April 18, 2005 Page2 Motion c atT ied and the minutes were approved as corrected. 6. Recognition of Scheduled Public Comment There were no scheduled visitors. 7. Recognition or Unscheduled Public Comment [J (a) Gerald West, 2890 South Ogden, said I am back about the same thing ... the concrete. You asked tho se guys to negotiate with me ... he came out to the house and he dictated, he told me what I was going to do ... no negotiation. He said he won't negotiate. The house down on the comer of Corona and Bates ... Harry Reeme, he threatened him the same way he threatened me, by liening the propeny, suing and then doing some work and then sending it down for Arapahoe County to collect it on the taxes . Harry had that done ... he paid, and I want every one of you to come down there and take a look at the new concrete. There has only been one snow storm since. Take a look at the gouges in there. That is what I'm talking about. Why should the individuals in Englewood have to pay for these operators that tear it up? That's the employer's responsibility, isn't it? Then, my neighbor asked me ... hc said what kind of scam is Englewood got going, and I said, what do you mean John? John said well I called down there, I wanted to get a legitimate contractor, one that is licensed, bonded and everything, by the State of Colorado, to come out and repair my drain, because when he drives out, that drains in his driveway and his car bottoms out if he hits that. He talked to Larry Nimmo and Larry Nimmo wouldn't give him the name of a contractor ... said he had to do it. .. it had to come through Larry Nimmo. He had to do the building and everything. Now if you have been in construction ... that is just a nest for kickbacks and gratuities, whatever you want. And that is exactly what it is. And I think it is about time to stan looking at some of the employees here in Englewood ... getting this straightened out. because I don't think the individual res ident here should pay for the lousy work that is being done. That is what I've got to say . Mayor Garrett said thank yo u very much. Mayor Garrett said to As sistant City Manager Flahcny, if you could check on wh ich employee went to speak with Mr . West , c heck that co rner and then get back to Council. we would apprec iate it . In response to Co uncil Member Bradshaw, Mr . West said they put the new conc rete in at the southwest comer of Bate s and Corona. The drain is on Ogden Street. 8. Communications, Proclamatlo~ and Appoln'-Dts l a) A proclamatio n declaring the week o f May I thro ugh Ma y 8, 2005 as Days of Remembrance in me 11 J f the vic tims of th e Ho locaus t was considered. COUNC IL MEMB ER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROC LAMATION DECLARING THE WEEK OF MAY I THROUGH MAY 8, 2005 AS DA VS OF REMEMBRA NCE IN MEMORY OF THE VICTIMS OF THE HOLOCAUST. Mayor Garrett asked if th ere was any discussion. T here was none. Vote rrsults: Ayes : Nays : Mo ti o n earned. 9 Consent AgC'nda C o unci l Me mbers Barrentine . Moore, Bradshaw. Garren. Wo losyn, W oodward . Tomasso No ne (a ) pproval o f Ordmaocc~ on Farst Reading There "ere no add111 o nal 11 c m ubmltled for appro al o n first reading . (Set Agenda Item 11) .t ... ·• ... ·: .. • • C Englewood City Council April 18, 2005 Page3 • • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I) and (II). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 13 . SERIES OF 2005 (COUNCIL Bil..L NO . 8 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR THE YEAR 2005 BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. (ii ) ORDINANCE NO. 14, SERIES OF 2005 (COUNCIL BILL NO. 9 . INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND A CITY DITCH CROSSING LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, AND MICHAEL P . DRYER FOR THE INSTALLATION OF A FENCE ENCROACHING INTO THE CITY OF ENGLEWOOD'S EASEMENT AT 4901 SOUTH LIPAN DRIVE. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine. Moore. Bradshaw. Garrett, Wolosyn, Woodward. Tomasso None (c) Resolutions and Motions There were no additional resolutions or motions s ubmitted for approval. (See Agenda Item 11.) 10. Public Hearinc llems No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on Firs! Reading (i) Housing Specialist Grimme!! presented a recommendation from the Community Development Department 10 approve a Bill for an Ordinance authorizing the execution of an Intergovernmental Agreement with Arapahoe Communny College for the Area Career and Technical School for the school year 2005/2006 10 construe! a single-family residence at 2350 South Zuni Strc:ct . Council Member Bradshaw asked which 101 is thi s? Ms. Grimmeu said this is going IO be one of the two newly created lois that are 10 the north of !he existing site of the property and it is going to be the more northern of the two loi s ... that address i 2350 and the other 101 is 2360, which we will do the following year. So we an: requesting that Council enter m10 another agreement o we can extend our partnership with Arapahoe Community College and their Building Trade;, Program 10 have another site for them 10 be a ble 10 build beginrung with thi next school year. .. siamng roughly m August/September 2005 and then completing by next May 2006. for a siic that we will build there . It will. 1yp1cally. be a single-family home like we have done in the past We already have a design that has been picked o u1 and we are working on finalizing 1ha1 de ign now. Council Member Bradshaw said there was a question as to where the designs come from ... now that's also a high school student . M . Gnmmctt said exactly. Traditionally lhcre 1s another class that I believe I out of their arch11cc 1ural dra" mg la ... so depending on the number of 1udcn1s that arc m that class. the an: given the proJCCI ' .. ·' • • - Englewood City Council April 18, 2005 Page4 0 CJ of developing a home that roughly meets our parameters of 1200 to 1400 square feet, three bedroom. two bath with a two-car garage. And then they design this on their own ... creating their own floor plans. Then there is a review that is held by Steve Ozburn of our staff, plus Sherri Wylie who is the general contractor that we hire on the site, plus a couple of other teachers . They review those plans and then one is selected as the winner. Then we bring all the plans back to our depanment and the staff in Community Development also reviews those plans to concur or to request changes and modifications in the plans before they are finalized . But so far we've usually approved the winning floor plan. So it should be nice . They are all unique. They are all different. The students get a great opportunity to see their original designs built . So hopefully, it also sends them on to a budding architectural career. Council Member Bradshaw said thank you for answering that. Mayor Garrett asked if there were any other questions for Ms . Grimmett. There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 10. COUNCIL BILL NO. IO . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGFJAREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMJL Y RESIDENCE AT 2350 SOUTH ZUNl STREET. ENGLEWOOD. COLORADO. Mayor Garrett asked if there was any discussion . There was none . Vote results: Motion carried. Ayes : Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward. Tomasso None (ii) Housing Specialist Grimmeu presented a recommendation from the Community Development Depanment to approve a bill for an ordinance authorizing the sale of2377 West Wesley Avenue in Englewood . Ms. Grimmett said 2377 West Wesley is the project that we are completing this year, so we are requesting Council· s authorization so we can sell that property and be able to market it and then we can return the funds ba ck mt o our Fund 46 and begin construction of next years project. Council Member Bradshaw said what price ran ge ... do you have any idea? Ms. Grimmett said I am still working on trying to find out exactly what our total costs arc going to be . There arc still some expenses that we have, but it will probably be somewhere in the 225 to 250 thousand dollar range ... I am guessing. That should cover our costs and probably would be around the top of the market for that neighborhood for a new home. Council Member Brads haw said it is an out sta.nding home. If you haven't had a chance. drive up to Zuni, take a right o n Wesley and it is the seclJnd house o n the north si de. It is outstanding. Ms . Grimmett said we will a lso be hosti ng an Open House, which you should all receive invitations to. The students will be doi ng an open house . I believe it is May 11 • in the afternoon where they will trlditionally have their fa milies come and everyone will be invi ted to tour the final completed home ... so. a couple more weeks . 1ayor Garrett said I want to c ncur with Be . For a smaller house. it is quite unique . It is really remarkable what those student s ha vc done. Ms Grimmett 1d that too was a stude nt drawn floor plan. CO N IL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U). COUNCIL BILL NO. 11. ' .:., .. • • -.... ( Englewood City Councll April 18, 2005 PageS COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll..L FOR AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2377 WEST WESLEY AVENUE PURSUANT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGFJAREA CAREER AND TECHNICAL SCHOOL. Mayor Garrett asked if there was any discussion. There was none . Vote results: Motion carried . Ayes : Nays : Council Members Barrentine, Moore, Bradshaw, Garren. Wolosyn, Woodward, Tomasso None (iii) Director Fonda presented a recommendation from the Utilities Department to approve the Intergovernmental Agreement (IGA) between the City of Englewood and the Arapahoe County School District No . I for the MS4 Stormwatcr Permit. Mr. Fonda said the City of Englewood has to have an MS4 Stormwatcr Permit cove ing all of its boundaries and the School District also has to have one, but if we take them under our permit, that really helps them out in that they don 't have to go through all of the things that you have to go through in setting up conditions of the permit. Some of the things that are required under our permit ... the school district can help us with , so we reached this intergovernmental agreement whereby we will be the permittee and they will, within their district boundaries, be responsible for what they have to do as far as stormwatcr requirements, but they will be able to come under our permit and not have to deal directly with the State. Mayor Garrett asked if there were any questions for Mr . Fonda. There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ill) • COUNCIL BILL NO. 12. COUNCIL BILL NO . 12 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO . I FOR A MS4 STORMW ATER PERMIT. Mayor Garrett asked if there was any discussion. There was none . Vote results: Motion carried. Ayes : Council Members Barrentine , Moore, Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays: None (b) Approval of Ordinances o n Second Reading There were no additi onal items submitted for approval on second reading. (See Agenda Item 9 • Consent Agenda .) (C) Resolutions and Motions (i) Director Simpson presented a recommendation from the Community Development Dcp:inmcnt 10 approve. by motion. two contracts for pro fessional services with Development Research Partners to I ) analyze primary Jobs and bus1nes clusters. and 2) analyze the retail sector 10 Englewood . The proposed contracts are in the amount of $69.900.00. He said the informa11on presented to you tonight has been disclllled with you 1n tud) c ,on on Man:h 14• and. appropnatcly. we also had 11 for"''aldcd to the ACE Comnunee for review on t • • - • Englewood City Council April 18, 2005 Page6 April 7111• In that Committee , it was reviewed and supported to proceed with the work. The bottom line on this is that, consistent with the Economic Development Strategy that was passed earlier this year, there is a whole series of action and work tasks that need to be completed . Probably the primary task of Economic Development today. and one of the most imponant tasks , is provision of information . The goal of these two contracts is to help improve the ability for Englewood to respond to the business and development community. First in the retail sector, which, as you know, is most imponant to provision of services in this community, we are going to be taking a strong look at those business areas where we arc missing retail businesses and seeing if we can figure out ways to better meet those missing voids ... for example , women's soft goods retailers. That would be an area where there is an obvious need in our local economy . Two, is the business industry clusters . This is an important area because, from our standpoint, trying to figure out areas where business to business industries can be greater supported increases jobs and increases the ability for those people to be able to spend money, either through business or in their households in this community. An example in this area ... when the Sports Authority moved into this community we were able to start seeing other employers , vendors of Sports Authority like Niki, Adidas • all moving in. We also sec other areas where there is an important business to business sector going on and that is in the medical community. And , we saw some of that occurring when we saw the opening of the Elati medical facility earlier this year. So, those arc the kind of areas that we arc looking to try lo figure out more industry clusters and try to work towards moving towards gelling that going . I think that Economic Development really is a business of value added . Our job is to provide value added services to the businesses and if we arc able to go out and do the work for them, that makes their decisions much quicker and much more effective. So, I am requesting that you approve these two contracts. Mayor Garrell asked if there were any questions for Mr. Simpson . There were none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • TWO CONTRACTS FOR PRO~IONAL SERVICES WITH DEVELOPMENT RESEARCH PARTNERS TO 1) ANALYZE PRIMARY JOBS AND BUSINESS CLUSTERS, AND 2) ANALYZE fflE RETAIL SECTOR IN ENGLEWOOD IN THE AMOUNT OF $69,900.00. Motion carried . Ayes : Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None 12. General Discussion (a) Mayor's Choice Ma yor Garrell did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine : I. She said I wa nted to follow up on the Co mmunit y Development piece. but I wanted to congratulate the Kalla s brothers for their purchase of the property that Fratelli's used to have . Their property has been open for a long time . They arc one of th e top four or five, depending on what review you read, restaurants in Colorado for either the category of ste ak house o r 5280 did a suburban restaurant . It is nice to have that kind of energy and investment her e in Englewood and for them to take on that property is really exciting. They arc looking at opening , hopefully , in August . They have already come and arc starting the process for their liquor license . I'm sure we will be getting a repo rt on how yo u arc working with them and what kind of assistance you arc giving them. So we can turn what truly is a blighted area int o so methin g that is productive and viable again . So congratulations go out to them again . They have taken on a lot of work wi th th at property. 2. She said I also wa nted to thank the Code Enforcement Board for their hard work and in coming to City Co uncil and presenting their unan imous decision to request a moratorium on the trailer section of the inoperable veh1 le . It was s:ud that we were goi ng to be studyi ng that at the next Study Session. I assume that we will put so mething on for the next City Council meeting. so then we can have some input or &Offlll decisions will be mMde on "hether "e arc go mg to proceed with that . .· .. ·' •• • ' • C ( Englewood City Coundl April 18, 2005 Pqe7 3 . She said I wanted IO thank some City staff that have been working with Positively Englewood. We had a meeting on a Thursday and on the next day we were able IO have a meeting and put together all the necessary process. That allowed us to go ahead and open a bank account and work with the City on die fund raising project that we are doina to establish a scholarship program for the Recreation Center, so that youth 18 and under can go ahead and access our wonderful Parks and Recreation Department and pro8fUDS. Steve Dazzio, with accounting. did a wonderful job and of course, Jerrell Black. Gary Hultberg and Bob Spada. I just wanted to say thank you and they worked very well with Positively Englewood's treasurer ... Anna Marie. I also wanted to say that we are looking to do another smaller project and I want IO thank Jon Cook for taking the lime to explore getting a bicycle donated so that we could go ahead and do some program with the July 4• festivities in Belleview Park. I am working with Nancy Peterson on that and she is very excited about some of the ideas. We are trying to look at some future things and I am very excited about everybody in that group. I am very happy to be usociated with iL {ii) Council Member Bradshaw: COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RELAY FOR LIFE SPONSORSHIP AND AUTHORIZATION OF USE OF CITY LOGO IN PUBLICATIONS. Mayor Ganett uked if there wu any discussion. There wu none. V o1e reaulls: Ayes: Nays: Motion carried. Council Members Barrentine, Moore. Bradshaw, Garrett. Wolosyn, Woodward, Tomasso None [Clerk's note : this was listed u item number 12 (b) (i) on the Agenda.) {iii) Council Member Tomuso said I bad a conversation with Stephanie Steinberg the other day about Englewood supporting the Colorado Clean Indoor Air Act. I would like IO brina that forward and sugeat that we support this legislation. Mayor Garrett said this is the legislation that would ban smoking in most public facilities. is that correct? This had been raised and we passed it out to Council for our consideration ... whether we want IO encourage, basically, the legislature IO pass that legislation. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO SUPPORT THE CLEAN INDOOR AIR ACT. Mayor Garrell asked if there was any discussion. Council Member Barrentine said I have some concerns about the agenda that some of these poups have. This is 1 legal product. We have a lot of concerns going on with the tobacco money and on buyina and doina tix-thinp. While I don't smoke and I don't support anybody smoking, it is a legal product and it is inappropriate for us to, or 11 least for me. to take a stand that way. I think that is an individual's choice. Mayor Garrett asked if there was "1Y other discussion. Mayo r Garrett said I will also say that, at least on my behalf. I will be voting apillll this. Not because I smoke .. .I pretty muc h d o n '1 want to go to any place that does have smokina, but I like the sort of freedom that people can make the c hoice o n whether they want their establilhmenl to be amokina or not. I use the Dubliner u ID eumple of o ne that has chosen to be nonsmoking, so I have gone there quite a few times. There are others that have amokiq and I don't frequent those places . So that is my personal choice. -- Englewood City Council April 18, 2005 Page8 (J Council Member Wolosyn said I would vote for it and it is more about second hand smoke that affects people who work in establishments like that. If there was a way for that not to be a hazard, I would approve people being allowed to smoke in a place that allows it by there own choice, but there arc others involved . Council Member Woodward said I will support it as a smoker that is continuously working to stop smoking. I have been working on it all year, so I believe it is something that is an important item . Having managed office buildings for a number of years. it is very obvious throughout the metro area when buildings went nonsmoking, how the odors, the smells and people's reactions to that changed in a very positive way. So, I am a strong supporter of this. Council Member Bradshaw said I will be voting in favor of it also . Mayor Garrett asked if there was any more discussion. There was none. Vote results: Motion carried. Ayes : Nays: Council Members Moore, Bradshaw, Wolosyn, Woodward, Tomasso Council Members Barrentine, Garrell In response to Mayor Garrett, Assistant City Manager Flaherty said they are requesting a resolution. Would you like us to bring this back at the next Council meeting? Mayor Garrett said yes . (iv) Council Member Woodward: I. He said on April glh a few of us went 10 Flood Middle School's Technology Student Association Air Flight 2005. The teacher, Tony Raymond, and the kids over there had put together a flight simulation program and had built a flight simulator that you could sit in .. .like in a cockpit. It was pretty impressive. I just want to acknowledge them and wish them the best of luck in their accomplishment. 2 . He said I wanted to mention that last Wednesday I had the opportunity to spend the whole day with Bev and Olga doing some work for Habitat for Humanity on our Englewood property that is being remodeled. It was a very rewarding experience and I think. for myself, I know that I intend to do it again . I was rclllly impressed with Habitat for Humanity, what they had there and the way they do things . 3. He said last night Bev and I attended the Metro M"yors and Commissioners Awards banquet recogni:iing and awarding the youth in the nine-county area for overcoming personal adversity and experiencing positive changes in their li ves. Thal was one banquet that was very, very moving, for myself and for many others ... 10 hear and to meet some of these yo ung people that have gone through some things and their accomplishments was very, very impressi vc. 4. He said I just wa nt to let everybody know that the Englewood High School Boys Golf Program is putting on a tournament on April 30th to a ll ow them to continue the golf program over at the High School next school year in the Fa ll . Entry is $65 .00 per person. which is pretty cheap for a golf tournament . If people would like additional information, please contact Gary Bird over at the High School. (v) Counci l Member Wo losyn : I . She said I just wa nt ed 10 say tha t the Library came 10 the Cultural Arts Commission to see if they could use I percent funds lo bu y a sculpture . And. as we usuall y do in these si tuations, we partnered with the Cultural Arts and Library ... each giving ha lf 10 purchase th is S6.000.00 sc ulpture by a local sculptor named Gheorghc Stancscu. :?. She said I meant to ask thi 1 .. t week . Did the Library reschedule their authors? Mr. Flaheny said yes ... Sunday. May 22 ... • •••• . ... •' • ' • ( C 0 ( Englewood City Council April 18, 2005 Page9 Mayor Garrett said the person who was here from the Rocky Mountain Housing Development Corporation ... what they are seeking is a letter, which does not necessarily require a vote ... just a letter of acknowledgement that we arc in support of that project. Docs Council want to discuss that this evening or would you rather wait until next week? Council Member Bradshaw said lets discuss it now. I personally was worried when we did the House of Hope and I am really glad that we did, but I think that ended up being a foot in the door for other programs. I appreciate and I respect the job this group is doing. We also have Englewood Housing Development Corporation in our City. But my concern is , that area, particularly up by Sinclair ... we 've tried to zone it so that we can keep kids in the school system and it just turns into rentals and duplexes and things like that. While I think that this is probably a really good program, I just don't think we need any more low income housing in Englewood. I just think that sends the wrong message. So, I am not in favor of it. Mayor Garrett said arc there any other thoughts? Council Member Wolosyn said I guess I will throw this out, because I have those concerns too, but I was wondcring ... whcn I listened to hcr ... is this property going to be low income no matter what and we would have a relationship with people who might have some leverage to make sure it stays in good shape? I wasn't quite sure. It seemed to me that there were five places there that they have to be accountable for having affordable housing. Mr. Garrett said I thought she clearly said that their goal is to make sure there is affordable housing, using up to 60% of the median income in the City . I think the five units ... at least that was the impression I got Laurctt ... are a throw away because they clearly will meet that with most of the population . Council Barrentine said it was my understanding that the units are the price the units are and it matters not who is renting them, except for five units . It docsn 't matter what the income is of the other people who are renting them . Her assertion was that nobody of a higher income would want to live there, so I don't know . But no, there was no income requirement. I thought she made that very clear that except for the five units, they arc not going to make an income requirement. The kind of services and programs that they are providing, I assume would have some impact on attracting some people, I don't know. Council Member Bradshaw said my concern is that with the number of Section 8 units we have all along Belleview, that we are doing more than our share in that quadrant of our City. I really, really think that some other city might take this burden from us . I do think that Englewood steps up to the plate on everything. I think that when House of Hope came. I was pretty resistant to that, but I thought, boy it is better than those guys that arc drunk peeing on everybody's doorstep up there where the House of Hope is now . So I thought that that was an improvement to the community. This I don't sec as that. There are way too many Section S's in the Carmel and Golden Nugget apartments up there. And I think it is creating some issues and I have stated those before. Council Member Wolosyn said I know it is just not the CDBG Grant money . I feel that even though it is a 50 I 3C ... in a way. it is just a development company and I think maybe those CDBG Block Grant funds could go to projects that had a broader good in a community ... so I am just reluctant... Council Member Barrentine said is there a possibility that we can get additional information? Since there seems to be some discussion that we could go ahead and do that at the Study Session next time .. .I would just Ii kc some more information. I believe that the only reason that she had to come to us was because Arapahoe County made a requirement th at they have buy-in from us, which I believe is some assurance to them that they have buy-in from the communit y. And that is what I am concerned about . If there is an opportunity for us to discuss this, I would like some more information . Council Member Bradshaw said she didn 't seem willing to go talk to the community. Council Member Barrentine said I wa s a little concerned. and I am sure it is true , that a lot of things ... just because they are not required by law docsn 't mean that they are not a good idea. And that seemed to be the conccp1 that Arapahoe County was going after, was that there be buy-in from the community in order to have this money transfer. And that is all that I would want to explore . t ... .. • • -·- J Englewood City Council April 18, 2005 Page 10 0 Mayor Garrett said what form of information would you like for us to have available? Ms. Barrentine said some of the questions that have been brought up here about the amount of housing and what the neighbors in the area think about it being designated, because what she presented is a little bit different than what it seems to be designating itself as . There seems to be some conflicting information in the blue sheet ... while we were handed everything at the time and I am not pretending that I was able to scope everything out of the five or six pages she handed us, but there seemed to be some conflicting information in that. And , I don't know whether that refers to the previous properties or what they intend to do here. Mr. Woodward said this is a non-profit purchasing ... docs this also take the property off our tax rolls? This is a question I guess I failed to ask. Ms. Bradshaw said yes, doesn't it? City Attorney Brotzman said no, non-profit is taxed. Ms. Bradshaw said at the same rate? Council Member Wolosyn said I had heard about this initially ... that it would be rehabbing a property in our City and it is not really . She said it is not rehab . Ms. Bradshaw said, again , it is the opportunity. We have a property that seems to fit their needs, but docs it meet the needs of our residents in that area? I don't know. My other concern is that is also the same area where they h~ve tried to put in halfway houses and all this other stuff ... right by a middle school and Pat Bailey can remember that one. Her kids were there and there was one property that kept turning into a halfway house for non-violent offenders ... at that time they were rapists and drug dealers . And that was pretty scary. And we voted that down to protect that neighborhood. That whole Acoma strip, particularly from Tufts south, has just sort of been forgotten by the City. That is why I just thought, let's not hit them again. It was my gut reaction to that. Mayor Garrett said Mr. Simpson do you have any clarity on what you might want to bring back to Council next week'! Mr. Simpson said what I might do is make a suggestion that we go ahead and hold an area meeting with residents. Make it a requirement for her to hold a meeting. We will be there to listen and understand. She could hold an area meeting or do you want her to just contact individuals and let us know that she contacted them? Which would be better? Council Member Barrentine said after reading through this information and the services they provide, one of the questions I have is that it looked like something like a social services outlet. Now when she did the presentation and s he said there is no income requirement, that it is affordable housing regardless of who is living there, except for the five units, I got a much different picture and I was much more positive about it. So if they could address some of that. Mr. Simpson said okay. She said and then I don 't know how you think it would be best to contact that area. How would that area best be contacted? Mr. Simpson said do you want her to contact area residents? We often times will hold a neighborhood meeting for a rezonin g, but in other instances, we just si mply ha ve ar. applicant go and talk to area homeowners within a certain radius of the property. We could have that done . Mayor Garrett said a differe~t example would be Oxford , when we were doing the traffic calming. Director Simpson said exactly. Mayo r Garrett said it wo uld seem best to contact that area surrounding that property. Plus. Ms. Bradshaw said, the c hurc h and th e fire stati o n and just two other sides. Mr . Simpson said is that okay or do you want an actual neighborhood meeting ? Ms Barrentine said 1 think it should be a piece of it. Ms. Bradshaw said I think the nei ghbors need to be contacted , particularly on Acoma and Bannock . Mr. Simpson said 1 agree . I think it is a good idea to have the neighbors contacted, having her do that and getting a se nse of what it is about . Ms . Barrentine said 1 am not against affordable ho usi ng, but the way that it has been presented .. .it also looks like the y are tryi ng to ge t a crtain population too. which arc not in conjunction with each other. so I just wondered . .. ' .. .•' ... { • • (. ( Englewood City Council April 18, 2005 Page 11 0 0 . Mr. Simpson said we need to get clarity on that. Maybe what we will do is hold an area neighborhood meeting. We will contact residents and that way we can also attend . I think it would be valuable if we were there to hear . Ms . Bradshaw said to sec what they think and what they sec as the future of that neighborhood ... that would be invaluable. Mr . Simpson said and then I think it would also give you adequate time to read the information that was passed out tonight and evaluate that, because none of us have seen that. That will be good to read that. Ms . Bradshaw said there seems to be a move along Acoma and Bannock in that area ... 4600-4700-4800 , that there is a lot more owner occupied now than there was before . It used to be rental and it seems like people arc buying homes there . I think the character ... it is not going to change a lot, but I think we have to honor that. Mr . Simpson said we will hold the neighborhood meeting and as a result this will delay this coming back to you and she indicated to me tonight that she has 90 days in which to make a decision . So, we will move along on the meeting so that you can get the information and then what we will do is we will come back and make sure that we address the income issues. issues from neighbors and address the issue of tax . Ms . Bradshaw said the other thing is I think she said the realtor contacted her. Mr . Simpson said yes. Council Member Wolosyn said I think I am pretty clear on what CDBG grants arc. I think of them as grants that help communities shape themselves at that level and fine tune a community, but I would like to know a little more about HOME funds. Mr. Simpson said okay. Council Member Barrentine said only with the understanding that in order to get part of her funding she has to have our buy-in . Mr . Simpson said right. Ms . Barrentine said that doesn't stop any private investor from coming in, buying that property and ... like this gentleman who apparently owns it now ... fixing it up. turning it into something that was better than when he got it or tum it into low income without Arapahoe County funding . I don't know. but they did ask for our buy-in . Mr . Simpson said we need to understand more . I'll follow-up . It will be probably at least 30 days . ••••• Mayor Garrett said I just would like to also inakc note that we arc happy that Fratclli 's is now going to be turned into good hands . There arc a couple others ... at least one in particular ... a nice restaurant in town that is struggling because there arc not enough patrons coming in . I actually have a bad reputation where I work, because they say "yo u won't leave the neighborhood 10 go to lunch will you?" I tend to try to keep people fairly close to Englewood when we go out and do things. So for those who can, if you can stay in the neighborhood that would be helpful and help a couple of restaurants . We have always tried to encourage restaurants to come to Englewood . Ms . Bradshaw said right and now we have some premier ones and one of them is really struggling . 13 . City Manager's Report (a) Assistant City Manager Flaherty sai d Colorado Preservation Inc . has sent invitations to all of you regarding an Open House at the Skerritt House on Wednesday night from 5:30 to 7:30. I happened by there a couple of weeks ago on Saturday and was peeking in the windows and the Executive Director of CPI happened to be there and invited me in. T hey have done a tremendous job of restoring . ••••• Co un ci l Member Barrentine sai d I wanted to add just one more thing that I forgot. I want to thank the Arapahoe Philharmonic . We attended their children's concert on April 6"'. My son's school did not participate in that, altho ugh there were an awful lot of sc hools that did . I took him out'of sc hool and we went over there . We know a couple of people who play and we just were amazed at how many kids enjoyed that . If you try to keep that many children. that age. quiet. .. ii was impressive that the y stood enthralled with what those guys were doing for that long, because I thought there would be havoc . But the y dtd a beautiful job and I was very impressed with the first children ·s concert I have attended . 14 . City Attorney's Rrport ' ... • • Enr!lewood City CouncU April 18, 2005 Page 12 (a) City Attorney Brotzman said I do have a request for a motion to settle Shoop vs. Welboume/Kunst/City ofEnglewood. At this time the City of Englewood has actually been dismissed from this case. This is a case against two individual police officers, at the present time. I need to make it clear that City staff and the administration have looked into this and we believe that the officers acted appropriately in this case. In fact, Mr. Shoop did plead guilty to resisting arrest. With that in mind, there is a minimal chance of a finding of liability. The problem is the damages that Mr. Shoop has medically, either from this incident or from other incidents, are rather significant. The other factor that plays heavily in this case is that the cost to settle this matter is $20,000.00. My request is for a motion to settle it for $20,000.00. C=ently, to even get to trial is $50,000.00. This is a nuisance settlement. I don't like nuisance settlements, but it is the most cost effective way of resolving this matter for the City. · COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO SETTLE THE SHOOP VS WELBOURNE, KUNST AND THE CITY OF ENGLEWOOD CASE FOR $20,000.00. Mayor Garrett asked if there was any discussion. Council Member Barrentine said I want to say that I believe, with what Dan said, that with everything that was presented that the officers acted professionally and do an excellent job for this community. And while this sticks in my craw, I will support our Safety Services Director Chris Olson and our City Attorney Dan Brotzman. They have the best interests of this City and our financial responsibilities as well, so I will be voting for it. Mayor Garrett asked if there was anyone who wished to speak. Council Member Woodward said I just wanted to make one comment. As I understand it Dan, there is no admission of guilt with this and there is no effect to the officers. Mr. Brotzman said correct. Mr. Woodward said okay then I support it. Vote results: Motion carried. Ayes: Council Members Barrentine, Moore, Bradshaw, Gamm, Wololyn, Woodward, TolllllSIO Nays: None 15 . Adjournment The meeting adjourned at 8 :20 p.m. Dennis M. Schum ...aT.Z S. Che~k-St. Bngle'WOOd co. aono 303-781-1810 Dear Fellow Commissioners. Tuesday, April 19, 200S I regret to inform the City of Englewood that this will be my last meeting with the Planning and Zoning Commission. My family and I have acquired a new house and will be moving in at the begining of May. Unfortunally our new residence is in the City of Littleton which means that we will no longer be living in Englewood. I know that I will always cherish the knowledge I have gained from the Planning and Zoning board and use this knowledge in my future endeavors. •• .. PROCLAMATION WHEREAS, each year the City Council of the City of Englewood, Colorado honors a Citizen of the Year who has made significant contributions to the community of Englewood; and WHEREAS, Orris Saunders has been an active member of the Englewood community for over 50 years; and WHEREAS, Mr. Saunders has served his community as a member of the Englewood City Council, the Malley Center Advisory Board, the Malley Center Trust Fund, the Englewood Lions Club, and as an active member of the Englewood Bible Church; and WHEREAS, Mr. Saunders has devoted countless hours as a volunteer at the Cancer Center at Porter Hospital; and WHEREAS, the Englewood City Council wishes to honor Orris Saunders for his many outstanding contributions to the Englewood community; NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado hereby take great pride in proclaiming Orris Saunders as Englewood's Citizen of the Year for 2005 ADOPTED AND APPROVED this 2nc1 day of May, 2005. Douglas Garrett, Mayor Laurett Barrentine, City Council Member Olga Wolosyn, Mayor Pro Tern Beverly J. Bradshaw, City Council Member John Moore, City Council Member Ray Tomasso, City Council Member Ja mes K. Woodward , City Council Member 0 ( 'OlffllNANCE NO. SERIES OF 2005 BY AUTHORITY (J COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTER.GOVERNMENT AL AGREEMENT • BETWEEN ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENOLBWOOD PPJtT AINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH ZUNl STREET, ENGLEWOOD, COLORADO. I WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS, the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School contacted the City for assistance in expanding the building trades program; and WHEREAS, the ACTS program was able to offer a two year Comprehensive Building Trades program for high school students and adults to have a "bands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, City will act in the role of the developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor will be hired to coordinate the day-to-day building activities with the ACTS instructor and students; and WHEREAS, the site, with house, will be sold after completion of the project and the proceeds will be returned to the Housing Rehabilitation Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section ). The City Council of the City of Englewood, Colorado hereby authoriz~s the Intergovernmental Agreement between the Arapahoe Community College/Area Career and Technical School and the City of Englewood, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Mayor and the City Cleric arc hereby authorized to sign and attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced , read in full, and passed on first reading on the 18th day of April, 2005. -1- ... ,• • ' • Published as a Bill for an Ordinance on the 22nd day of April, 2005 . Read by title and passed on final reading on the 2nd day of May, 2005. Published by title as Ordinance No ._, Series of 2004, on the 61b day of May, 20054 . ATTEST : Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrisbia 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 2005. Loucriahia A. Ellis -2· t • • ( AGREEMENT This Agreement, made this __ day of 2005, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drive-#AD 427, P. 0. Box. 9002, Littleton, Colorado 80160-9002. WHEREAS, the City desires to assist the students in the ACC/ ACTS program to gain experience for their Comprehensive Building Trades ACTS classes; and WHEREAS, ACC/ ACTS desires to provide practical on-the-job ex.perience to Student Laboren regularly enrolled in its Comprehensive Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows : ARTICLE I -PUTJES A . ACC/ACTS : I. ACC/ACTS shall provide student laborers to perform constniction jobs related to the constnlction of a dwelling located at 2350 South Zuni Street (the "Project''), according to the plans and specifications to be provided by the City. ACC/ACTS shall provide work crews in separate classes . 2. ACC/ACTS shall instruct the Student Laborers in the construction trades' skills, which they will need in order to perform their tasks in the construction of the dwelling. ACC/ ACTS makes no representations that the Student Laborers will be skilled in the tasks they arc asked to perform by the City . (Sec attached Task List outlining responsibilities of the City and ACC/ ACTS. 3. ACC/ACTS shall make available at the construction site for use by the Student Laborers in construction or the dwelling. hand and power tools, ex.ccpt those mentioned in Article 1-8. 3, as ACC/ACTS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Project and is available without cost to ACC/ ACTS, ACC/ ACTS shall provide the equipment. All other equipment shall be the responsibility of the City. 4 . Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B . THE CITY: I. The City shall manage and supervise the construction Project. The City shall obtain all permits, licenses, inspections and certificates, blueprints and utilities (temporary service). 2 . The C ity shall pay the costs of all nwcrials used on the Project, for all subcontractors other than ACC/ ACTS and all other costs associated with the Project, except those which are 10 be paid by ACC/ ACTS as set forth in this Agreement. I )( .. I E I , • ' • 3. The City shall provide each Student Laborer with the following tools or acceptable substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47.051, Utility Knife -Stanley 10-299, Hard Hat- OSHA approved. The City shall not be responsible for the replacement of any tools, which are lost or stolen. If the Student Laborer completes the course, he or she shall be allowed to keep any of the tools remaining in his or her possession. 4. The City shall contribute $30.00 per Student Laborer toward the cost of jackets for each Student Laborer. 5 . The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instnlctions of the City or its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers, directors, agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony. Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcontractors, other than ACC/ACTS, shall take reasonable time to explain the work they are performing. It is expressly agreed· that these explanations are merely incidental to the work to be performed by such subcontractors and are to interfere u little as practicable with the subcontractors' other duties. ARTICLE II -LIABILITY A. ACC/ACTS through the Consortium Districts shall maintain, 11 the District Member's sole cost, adequate Workers' Compensation Insurance coverage for the Student Laborers, during all times during which Student Laborers are working on the Project. ACTS Consortium Districts shall provide evidence of insunnce upon the expiration and renewal of any term of insurance or upon any change in Workers' Compensation Insurance coverage to ACTS Consortium Districts. B. The City will not hold ACC/ACTS responsible for products and completion insurance coverage. C . The City shall maintain liability coverage for the Project. D . ACC/ ACTS shall provide an acceptable waiver of liability for each Student Laborer. E . All personal property belonging ACC/ACTS or the Student Laborers thll is in or on the Project shall be there at the risk of ACC/ACTS . The City, its agents, directors or · employees shall not be liable for any damage thereto, unless such damage was caused directly by the City, its agents, directors or employees. The City shall not be responsible for providing security for a personal property left on the job site by ACC/ACTS or the Student Laborers . ARTICLE 111 -TERMINATION A . Either party may terminate this Agreement at any time upon 30 days written DOcice mailed or delivered to the address set forth above . The parties apee 1h11 prior IO termination of this Agreement by th is provision, the parties shall meet or lltempt to t .. ... ... • • ( meet to resolve any dispute. Either party may, for any reason whatsoever, terminate this Agreement after any such meeting or attempted meeting pursuant to this provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision. 8 . In the event of termination, the parties shall have no further obliption whatever under this Agreement and the Student Laborers may keep any tool belts and tools, which have been, supplied them. C. This Agreement may also be terminated if an acceptable site is not provided by the City by a date mutually acceptable to the parties. ARTICLE IY -EOUAL OPPORTUNITY ACC/ ACTS shall adhere to all federal, state and local statutes, ordinances and regulations including, but not limited to, equal opponunities and civil rights laws. ARTICLE V -W AIYER No waiver of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. ARTICLE YI -INTEGRATION Any and all prior agreements between the parties hereto with respect to the subject matter of this Agreement arc hereby canceled and terminated. No amendments to this Agreement shall be made other than by a written amendment signed by all the parties. ARTICLE VII -ATTORNEYS' FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing party shall be entitled to recover all expenses incurred therefore, including but not limited to, reuonable attorneys' fees. ARTICLE VIII -GOVERNING LAW This Agreement is made and entered into in the State of Colorado, and shall in all ways be governed and construed by the law of such State. ARTICLE IX -INDEXING All indexing set forth in the margin of this Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or of any of the provisions thereof. ARTICLE X -SEYERABILIIY If any provision of this Agreement is adjudicated invalid or apinst public policy for any reason by a court of competent jurisdiction, it is specifically intended tbat each and eYery provision not so invalidated shall remain in full force and effect. t ... I • • ARTICLE XI HEIRS SUCCESSORS ANP ASSIGNS This Agreement shall inure to the benefit of and constitute a binding obligation upon the contracting parties and their respective heirs, successors and assigns. ARAPAHOE COMMUNITY COLLEGE/ AREA CAREER AND TECHNICAL SCHOOL By:__...&/~/£ ~~ia~-'--· __ Carol O'Brien,~ Director ARAPAHOE COMMUNITY COLLEGE ARAPAHOE COMMUNITY COLLEGE By~~ CITY OF ENGLEWOOD By:--------------Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk Date: ' -,Jl.AJ 5° Date :----- ... t .. • • cm: Of JNCLQ'OOQ Tanp Service set All lcpls ad llad permits Coatnctar Lic:emc to Excavation Foundation Underpolmd Plumbiaa Truu order Ex1aior (lidina) Guacn Qaraac OH door HVAC Roup plwnbina Roup elcclrical lmulllioa Drywall ftnisb/tcxturc Paiatina interior & n.terior Ceramic tile Concrete drivelwallt Cabinets & IOpl Finish plumbina Finish electrical Floor coverinp Sprinklenllandscape Provide a boom truck if needed TASKLIST* ACCIACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framiog/subfioor Wall fiamiog/Sbeathiog Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Cue Bue trim Window sills Medicine cabinets Towel bars & T.P. Hardware Set appliances (no built in oven) • This task list can be adjusted by mutual agreement of the (2) parties should scheduling require an adjustment • t C BY AUTHORITY CAREER AND TECHNICAL SCHOOL . COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER BRADSHAW AL AOREEHENT WHEREAS, the City of Englewood and Arapahoe Community Collep/ Area C-llld Technical School (ACTS) became involved in a two-year Cw.p-..;ve Buildina Tr.i. propan for high school students and adults to have a "hands-on" apeiienc:e in buiJdiaa I hoa. from the ground up throughout the school year; and WHEREAS, the City acted u developer by providiq cOIIIINCtion fundl from tbe tt_.. Rehabilitation Fund and a site conll'ICtOr wu hired to coonlinaat die day-11>-day buildiat activities with the ACTS instructor and students; and WHEREAS, the house wu built at 2377 West wai.y A-I"" Onlinuce No. 27, Series of 2004, with the proceeds of any sale to be returned to the Houtina Rehabilitation Fund; 111d WHEREAS, the house at 2377 West Wesley is .-ma complatioa 111d rNdy fur sale in die - future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of ENGLEWOOD, COLORADO, THAT: ~-City Council hereby authoriza die sale of 23n W• WIiiey A-ia die ACfS Program, which property is lcplly deacribed u f'ollowa : Lot 2, South11wn Gardena ~. Filint No. 4 County of Arapahoe, State of Colorado. ~-The Mayor and City Clerk are aulborind to sip ad 111111 Ill,.....-, to complete this sale . Introduced, read in full , and passed on first readina on lbc 18th day of April. 200S. Published as a Bill for an Ordinance oo lbc 22nd day of April, 2005. Read by title and passed on final rcadina on lbc 2nd day of May , 2005 . ·l· • t • • • Published by title as Ordinance No. _, Series of 2004, on the 6 1b day of May, 200S4 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, bercby certify that the above and foregoing is a true copy of the Ordinance puacd OD final reading and published by title as Ordinance No. _, Series of 2005. Loucrisbia A . Ellis ,f• C ( • BY AUTHORITY ORDINANCE NO. SERIES OF 2005 AN AM CJ. COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER WOLOSYN BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNY SCHOOL DISTRICT NO. 1 FOR A MS4 STOllMWA'l'BR PmlMIT. WHEREAS, the Stonnwater Fund was established in 1993 to provide system maintenance, NPDES pennitting, plan reviews and field locates but did not provide for major capital improvements and rehabilitation; and WHEREAS, the City bas drafted an application to the Colorado Water Quality Control Division for approval of a MS4 Stormwater Permit; and WHEREAS, the Arapahoe County School District No. I, Englewood Schools has been classified as a "nonstandard municipality" for the purpose of obtaining a MS4 Permit; and WHEREAS, in lieu of developing the School District's own program and obtaining a separate MS4 Stonnwater Permit, the School District would like to participate with the City and be covered under the City's Stonnwater Application and pennit; and WHEREAS, the City is willing to include the School District's property with the City's application, upon the condition that the School District sign an intergovernmental agreement for development, implementation and enforcement of Englewood's Municipal Stonnwater Program within Englewood's and the School District's boundaries; and WHEREAS, the passage of this Ordinance will authorize a intergovernmental agreement between the City and the Englewood School District for the MS4 Stormwater Permit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec ti on I . The Intergovernmental Agreement between Arapahoe County School Di stri ct I and the City of Englewood, Colorado for the School District to be covered under Engl ewood's stormwatcr application and MS4 Stormwater Permit, attached as "E,rnibit A ', is hereby accepted and approved by the Englewood City Council. Sec tion 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Agree ment for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 18th day of April , 2005 . -1- ' .. .. • • Published as a Bill for an Ordinance on the 22nd day of April, 2005. Read by title and passed on final reading on the 2nd day of May, 2005. Published by title as Ordinance No. __, Series of 2004, on the 61h day of May, 20054 . ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrisbia 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 2005 . Loucrishia A. Ellis -2- . ... -~ .. t ·' . C INTERGOVERNMENTAL AGREEMENT CITY or ENGLEWOOD AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1 THIS INTERGOVERNMENTAL AGREEMENT ("Contract"), is entered into this __ day of 2004, by and between the CITY OF ENGLEWOOD, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 ("City"), and ARAPAHOE COUNTY SCHOOL DISTRICT NO. l, whose address is 4101 S. Bannock Street, Englewood. Colorado 80110 ("District"). The City and the District are jointly referred to as the "Parties" in this Contract. RECITALS A . WHEREAS, the City has finalized its application to the Colorado Water Quality Control Division ("Division") for approval of a Colorado Discharge Permit System ("COPS") Stormwater Management Program; B. WHEREAS, the Division classified the City as a standard Municipal Separat~ Stormwater Sewer System ("MS4"). C. WHEREAS, the Division assigned COPS Permit No. COR-090056 to the City ("City's MS4 permit"); D. WHEREAS, the Division classified the District as a nonstandard municipality for permit purposes ; E. WHEREAS, the City 's MS4 permit boundary includes properties owned by the District; F . WHEREAS, the City is held responsible by the Division for all of the City's MS4 permit requirements ; regardless of the agency which is performing the implementation; -G. '"'WHEREAS, the District wishes to be covered by the City's MS4 permit rather than obtaining its own permit; H. WHEREAS, the City agrees to allow the District to be included in its MS4 Permit under certain conditions; I. WHEREAS, the City will be responsible for ensuring that the District complies with its MS4 permit requirements; and ( ]. WHEREAS , the City and the District seek to define their obligations under the City 's MS4 permit by entering into this intergovernmental agreement. f• A ' . .. .. .... • • TERMS OF CONTRACT NOW, THEREFORE, IT IS AGREED by and between the City and the District that: l. GENERAL. The City and the District will have common and individual program obligations under the City's MS4 permit. The City will develop common program obligations and provide these to the District. The District will be responsible for implementing these programs on property owned by the District within the District's boundaries. The District's individual program obligations will be developed and implemented by the District on behalf of the City to comply with the permit. 2. RESPONSIBILITY FOR DISCHARGES. If the Division initiates an enforcement action against the City for a violation of the City's MS4 permit and the discharges originate from a property or properties onnect 1,, tlte District, then the District shall be solely responsible for addressing any resulting enforcement measures directed at the City by the Division. If the discharges originate from a property or properties other than those owned by the District, then the City shall be solely responsible for addressing the Division's enforcement measures. 3. MINIMUM CONTROL MEASURES. The District and the City shall be responsible for implementing six (6) minimum control measures ("MCM") as described below. a. MCMl Public Education and Outreach . i. The District asserts that the Division has· agreed to consider· the District's one-time distribution of its template materials to the District's teachers as compliance with MCMI. ii . The District shall post on its website the Division's template materials and City's general stormwater program information. iii . Every ye:ir on or before February 111, the District shall provide the C ity with a report that details the District's status of integrating the D ivi sion 's template materials into the curriculum and of posting the Di vision 's template materials and the City's general stormwater program information on the District 's website. The City shall incorporate the D istrict's report into its annual report due to the Division every year in March. b . MCM2 Public Partjcjpatjoq/Involvement. The City shall solely develop and implement a Public Participation and Involvement Program. The District has no obligations related to MCM2. c . MCM3 Iliicit Discharge Petectjon and Elimination. i. The C ity shall develop an Illicit Disclw1e Detection and E limination Program that sh1 ! e followed within the City's MS4 permit t -·· .. .. • • ... C ( d. 0 (J boundary. The District shall implement this Program on properties owned by the District. ii. The City shall provide the District with training materials for the Illicit Discharge Detection and Elimination Program. The District shall train its employees, primarily the District's maintenance employees, to monitor for and to report illicit discharges. 111. The District shall monitor for and report illicit discharges as required by the Program. MCM4 Construction Sjte Stormwater Runoff Control. i. The City shall develop and implement a Construction Site Stormwater Runoff Control Program. ii. ConstructiQll: When the District has a qualifying construction iii. project, construction plan review and construction inspection will be performed by the District or under contract with the District for compliance with City ordinances/regulations and for proper installation and maintenance of constr\,lction best management practices (BMPs). The site plan reviews shall be performed under the direct supervision of a Professional Engineer registered in the State of Colorado to determine if the proposed plans are adequate and follow the requirements of the City's permit. MCM5 Post-Construction Stormwater Management. iv. Post Construction: On qualifying District projects, permanent operation and maintenance procedures will be developed and implemented by the District or under contract with the District for any post-construction BMPs constructed as a requirement of the City's Post- Construction Program. e . MCM6 Pollution Prevention/Good Housekeeping . The C ity shall develop an in-house training program for City and District employ ees to educate them about the impacts associated with illegal discharges and improper disposal of waste from mun icipal operations. The City shall conduct the training program for its employees, and the District shall conduct the tr:iining program for its employees. 4 . DISCRIMINATION. The Parties agree not to refuse to hire, to discharge, to promote, to demote or to discriminate in any matter of compensation. performance, services or otherwise against any qualified person solely because of race, creed, sex, color, national origin or ancestry . 5. AMENDMENTS . This Contract may not be modified, amended or otherwise altered unless mutually agreed in writina by both Parties. ' . .. .. • • 6. AGENCY . For all purposes of this Contract, the Cit}'. shall not be an agent or representative of the District, and the District shall not be an agent or representative of the City . 7. ASSIGNMENTS. No party hereto shall assign or transfer its rights and obligations under this Contract without the written consent of the other party. This Contract shalt-be binding upon the Parties and/or their successors and assigns, if proper written consent to assign or to transfer has been obtained. 8. NOTICES. All notices and communications required or permitted by the Contract shall be mailed or delivered to the City at the following address : City of Englewood l 000 Englewood Parkway Englewood, Colorado 80110 All notices and communications required or permitted by the Contract shall be mailed or delivered to the District at the following address: Arapahoe County School District No. l 4101 S. Bannock Street Englewood, Colorado 80110 9. RIGHTS OF THIRD PARTIES. Nothing herein shall be construed as creating any personal liability on the pan of any officer or agent of any public body, which may be party hereto, nor shall it be construed as giving any rights or benefits to anyone other than the District and the City. 10 . GOVER.11-HNG LAW. This Contract shall be governed by the laws of the State of Colorado . 11. SEVERABILITY. If any word, phrase or provision of this Contract is declared by a court of competent jurisdiction to be invalid, void or unenforceable, then such word, phrase or provision shall be deemed to be severable . All other provisions of this Contract sha ll remain fully enforceable , and this Contract shall be interpreted in all respec ts as if such provis ion were omitted. 12. PARA GRAPH CAPTIO NS. The paragraph captions are set forth only for convenienc e and t eference . The y are not intended in any way to define, limi t, or describe the scope or intent of this Contract. 13. TERMINATION . Either party may terminate this Agreement with one year's notice to the other. .. /, f ' .~ ' • • r .~ .. ( IN WITNESS WHEREOF, the Parties have executed this Contract. CITY OP ENGLEWOOD ATTEST: Douglas Garrett. Mayor Loucrishia A. Ellis, City Clerk t • • • ~-·- ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 2, 2005 ·-Cleaning of the L/E WWTP Anaerobic -Digesters for Phase 2 Project Initiated By: Staff Source: Littleton/Englewood Wastewater Treatment Stewart H. Fonda, Utilities Director Plant Supervisory Committee Jim Tallent, Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a project expenditure for cleaning of the anaerobic digesters at the Littleton/ Englewood Wastewater Treatment Plant (L/E WWTP) in the 2005 budget RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Anaerobic digesters stabilize and reduce organic solids removed from the wastewater treatment process. After six to eight yea.rs of operation, the tanks require removal of accumulated inert materials which impact process operation. Inspection of the tank and internal components is also performed following cleaning. Units were last cleaned in 1997. In the Phase 2 facility expansion project, significant improvements are being made to the anaerobic digester process . In order to proceed with these improvements, each digester must be drained and cleaned according to scheduled constructi n activities. Existing tank contents will be re-used to maintain process performance, mini mizing the volume requiring removal. The recommended con tractor will use the removed solids beneficially in approved farmland application. FINANCIAL IMPACT The cos t of the e penditure is shared 50/50 by the Cities of Englewood and Littleton. Appropriate funding will be budgeted over the next two to three-year period and be available in the sewer fund UST OF ATIACHMENTS Bid Tabulation Sheet. Bid Award Recommendation . t • • 0 . . ·• • • . ... .·.• •. l .. ., .. ..• • . ·,-... . . ·~ t ., . \ . · . \, . ~· :., .... ___________________ __;, ___ ~__,.:..._.....___ --·---"--~ ----·-··-~~- City of Englewood Bid Tabulation Sheet Bid Opening: 3/31/0510:00 a.m. ITEM: ITB-05-109 Anaerobic Digester Cleaning Project Bid Cleanlng Est. Haullng & Bond Unit cost lump qty/gal Disposal Vendor YIN # sum bloaollds Coat/Gal Liquid Waste Afgm Inc y 1 $ 9,800.00 200000 $ 0.0375 Jay 800-696-6691 2 $ 9,100.00 200000 $ 0.0375 POBox888 3 S 9,100.00 200000 s 0.0375 Longmont, CO 80501 4 S 9,100.00 200000 $ 0.0375 Resource Envlr. Group 1 $ . 200000 $ . Brian 303-295-6297 2 S . 200000 s . 7801 Brighton Rd 3 $ . 200000 s . Commerce City CO 80022 4 $ . 200000 s . Walker Centrifuge Ser y 1 $43,180.00 200000 s 0.038 Brett 785-826-8265 2 $37,780.00 200000 s 0.038 516 B Graves Blvd 3 $37,780.00 200000 s 0.038 Salina KS 67401 4 $37,780.00 200000 s 0.038 Parker AG Services 1 $ . 200000 I . Robert 719-775-9870 2 S -200000 s . 5306 Hwy 71 3 S -200000 I - Limon CO 80828 4 S . 200000 I . Ace Pipe Cleaning 1 $ -200000 s - Jack 817-819-6778 2 $ -200000 s - 4000 Truman Rd 3 $ -200000 $ . K11nsas City AfO 64127 4 S -200000 I . Forerunner Corp 1 $ -200000 s - Pa r.I 303-969-0223 2 $ -200000 s - 3900 S Wadsworth Blvd 3 S -200000 s . Lakewood, CO 80235 4 S -200000 s . Extended cost haullng/dlaposal Total Bid Exception•: $ 7,500.00 s 17,300.00 See bid documents s 7,500.00 $ 18,800.00 s 7,500.00 s 18,800.00 $ 7,500.00 s 18,800.00 $ s . $ . $ C . s . s . s . s . s . $ s 7,800.00 $ 50,780.00 See bid documents s 7,800.00 s 45,380.00 s 7,800.00 s 45,380.00 s 7,800.00 s 45,380.00 $ s . s . s . ~ - s . s - s . s . s s . s . s . I - s . s - s -I . $ s . I . I -I . I . I . I . I -$ ' 67,100.00 . 186,960.00 . . • . ( LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S . Platte -Oriwl Englewood, Colorado 80110 (3 03) 782-2600 FAX 782-2620 MEMORANDUM ~PY. City of SS City of Littfeton ( (__ Englewood To : From: Don Clarke, Lead Buyer ~ Jim Tallent, Operations Division Manager April 5, 2005 Date: Subject : Technical Evaluation -Anaerobic Digester Cleaning (#ITB-05-109) Phase 2 construction requires cleaning of UE WWTP anaerobic digesters as work in the digester complex progresses. A bid for digester cleaning was posted on the internet and six potential contractors attended a pre-bid meeting to discuss the project. On March 31 , 2005, bids were received and opened. A bid summary is shown in the following table : Vendor Bid Bond Included Bid Grand Total Liauid Waste Mana2ement, Inc . m Yes $67 100 Walker Centrifu2e Services Yes $186,960 .. Following review of the bid documents, both are technically acceptable. I recommend Liquid Waste Management, Inc . be awarded the UE WWTP anaerobic digester cleaning project in the bid amount of $67 ,100. -= COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 2, 2005 11 a i Amendments to EMC 16-6-6: Fences, Walls and Visual Barriers of the Unified Development Code Initiated By: Staff Source: Community Development Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. I PREVIOUS PLANNING COMMISSION ACTION The Commission held a public hearing on the proposed amendments on April 5, 2005. No members of the public spoke at the hearing. The Commission, by a vote of 8 to 0, recommended approval of the proposed amendments to City Council. RECOMMENDED ACTION 1 he Community Development Department recommends that Council adopt a bill for an ordinance approving amendments to the City's Fence Ordinance, Municipal Code 16-6-6: Fences, Walls and Visual Barriers. Staff also requests that Council schedule a public hearing on May 16, 2005, to take public comment on th~ proposed amendments. BACKGROUND Ph ase 1 of the Unified Development Code (UDC) project focused on a general update and reformatting of City zoning regulations . More detailed updates of major sections of the Code are plann ed in Ph ase 2. Since August 2004, the Planning and Zoning Commission has conducted se en study sessi o ns on proposed amendments to Municipal Code 16-6-6 : Fences, Walls and Vis ual Barri ers . The Commission focused on clarifying and simplifying existing regulations and also addresse d permitted materials and corner lot fencing issues at the request of City Coun::il. Ci ty Co un ci l rev iewed the proposed amendments during the March 7, 2005 Study Session . Though th ere we re no substantive amendments proposed to existing subsection Municipal Code 16-6-6 :03 Garage En trance/Alley Sight Distance Triangle, Council requested that the regulation be deleted fro m the U DC bec ause it caused many existing fences to be considered nonconfonning and would not all ow replace m ent of such fen ces . ORDINANCE OVERVIEW The proposed amendments to 16-6-6: Fences, Walls and Visual Barriers are intended to simplify and clarify existing regulations and update fencing and retain wall regulations as follows: Separate regulations for fences and retaining walls . Establish new regulations for retaining wall classifications, materials and standards. Simplify when a Permit and Zoning Site Plan Review is required. Establish that replacement of less than sixteen (16) feet of fence material does not require a Permit or Zoning Site Plan Review. Delete 16-6-6:D3 Garage Entrance/Alley Sight Distance Triangle, thus eliminating fencing nonconformities created under the UDC. Clarify permitted fencing materials as: Commonly used in metro area, City Manager or designee approved, and EPA approved for residential use. 1 Prohibit creosote and chromated copper arsenate (CCA)-treated materials, including utility poles and railroad ties, for fences and retaining walls . Prohibit electrically charged fences in all zone districts. (Note: Underground or invisible dog "fences• are not considered a fence since they do not function as a visual barrier.) Provide greater fence design options for pillars, posts, trellises and gate features . Clarify fences must be on owner's property and not within the Public Right-of-Way. Clarify fences must be a minimum of one (1) foot back of public sidewalk to provide construction room for sidewalk repairs/expansion. Permit lighting on fences in all districts, provided it is downcast and shielded. FINANCIAL IMPACT There is no direct cost associated with this Ordinance. LIST OF ATTACHMENTS Staff Report. Pla.nning and Zoning Commission Findings of Fact. Bill for Ordinance. ( {' D D C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: DATE : SUBJECT : REQUEST: Planning and Zoning Commission Robert Simpson, Director, Community Development Tricia Langon, Senior Planne~V April 5, 2005 Case 2004-33: Fences, Walls, and Visual Barriers Title 16: Unified Development Code Amendment Staff requests that the Planning and Zoning Commission review, take public testimony, and provide comment on proposed amendments to Title 16 : Unified Development Code pertaining to Section 16-6-6 : Fences, Walls, and Visual Barriers . RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to approve the proposed amendments to Section 16-6-6 : Fences, Walls, and Visual Barriers of the Unified Development Code. BACKGROUND: Fencing regulations were reformatted during phase 1 of the Unified Development Code (UDC) project to coordinate with the UDC's new format As part of Phase 2 of the UDC, the Planning and Zoning Commission conducted seven study sessions since August 2004, to consider proposed amendments to Section 16-6-6 : Fences, Walls and Visual Barriers . The Commission focused on clarifying and simplifying existing regulations and also addressed permitted materials and corner lot fencing issues at the request of City Council. City Council reviewed all of the proposed amendments during the March 7, 2005 Study Session. Though th ere were no substantive amendments proposed to existing subsection 16-6-6:03 Garage Entrance/Alley Sight Distance Triangle, Council requested that the UDC regulation be deleted because it caused many existing fences to be considered nonconforming and would not allow replacement of such fences . AMENDMENT PROPOSAL: Topics and proposed amendments are summarizes below : Termino lo gy : Clarify and simplify the text language to distinguish between fences, which include free- standing walls or other visual barriers that screen or enclose, and retaining walls, which hold back earth . 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303 -762 -2342 FAX 303-783~9S www .enpwoodp, "'I ' ... .. • • Permit and Zoning Site Plan Review Simplify when a Permit and Zoning Site Plan Review is required . Establish that replacement of less than sixteen ( 16) feet of fence material does not require a Permit or Zoning Site Plan Review. Visibility/Sight Distance Delete 16-6-6 :03 Garage Entrance/Alley Sight Distance Triangle . Adopted in 2004 as part of the UDC, the regulation required a 6 feet by 6 feet sight distance triangle at a garage entrance and alley . The regulation caused many existing fences to be considered nonconforming and would not allow replacement of such fences without adherence to the sight triangle standard. Fence Materials Clarify that permitted fence materials must be: Commonly used in metro area, City Manager or designee approved, and EPA approved for residential use . Prohibit creosote and chromated copper arsenate (CCA)-treated materials, including utility poles and railroad ties , which are not EPA approved residential materials for residential use . Fence Design/Development Standards Establish allowances for additional height for pillars, posts, trellises and gate features to provide greater design options. Clarify fences must be on owner's property and not within the Public Right-of-Way. Clarify fences must be a minimum of one (1) foot back of public sidewalk to provide construction room for sidewalk repairs/expansion. Permit lighting on fences in all districts, provided it is downcast and shielded. Electric Fences Prohibit electrically charged fences in all zone districts. Note: Underground or invisible dog "fences " are not considered a fence since they do not function as a visual barrier. Retai n ing Wa ll s Es tablish new sections for re taini ng w all classifications, materials and sta ndard s. Pr ohib it creoso te and chromated copper arsenate (CCA)-treated materials, including ut ility poles and rai lroad ties, w hich are not EPA approved residential materials for retaining wa ll s. SUMMARY: The ab ove p rop osed amendm ents are intended to simplify and clarify ex isting regulations and update fencing and re ta in wa ll reg ulations to metro area standards . ATTACHMENTS: Proposed Amen dmen ts to Ti tl e 16-6-6 : Fe nces, W all s, and Visual Barriers t • • ---- ( 0 16-6-6 :FENCES, ll/,A.LLS, AND VISUAL BARRl~RS RETAlNiNG WALLS A . Purpose 8, The following provisions establish standards to regulate the design and location of fences,-wa#s, and ·,is1:1al harriers retajnjng wails in a manner that ensures the following : 1. 2. An attractive environment of safe, desirable character; Reduced potential for pedestrian or traffic conflicts; and J. Protection and security for the owner and adjacent parcels. Applicability/Permit Required 1. Applicability 2. a. This Section shall apply to all new fences;-WailS; and ·,is1:1a1 harriers cetajnjng wans erected or installed after the Effective Date of this Title. b . c This Section shall apply to all fences,walls; and Yi5t:tal Baffief5 retajnjng waUs existing on the Effective Date of this Title . Nonconforming fences, walls, and visual barriers shall be subject to the termination and other provrsrons applicable to nonconforming structures stated in Chapter 16-9 EMC, uNonconformities." For the ourPose of this Section the term "fence# shall also include any yjsyal barrier as defined by thjs Jjtfe Permjt and Zoning Site Plan Required a. ZeRiRg Sile µlaR appre,·al is reE11:1irea fer all Rew feRees, walls,,aRS vis1:1al ha,riers aRa relaiRiRg walls ereelea er iRslallea after IRe Hfeaive Qa1e ef IRis lille. A Permjt and a Zonjng Sjte Pjan reyiew and approyal shaH be reauired for ( 1 l Construction of all new fences or reta101os wall5 erected or jnstaUed after the Effeetiye Date of this ~ 121 Replacement of more than sixteen feet O §'l pf existins fence 13) Replacement of aH or any portion of an existing retainins wall 111 Aheration or modificatjon to the height material 0c location of an existios fence or retaioios wall ·'-'t .. .... ... .. t • • • c. b. (Sl Alteration or modification of an existins fence or retaining wall affectins sisht distance ZeAiAg Site PlaA Feview aAel appFeval is Feq1:1iFeel feF aA·1• s1:1hstaAtial alteFatieAs eF eHpaAsieAs ef a feAee, wall, SF ·ris1:1al haFFieF eF FetaiAiAg wall that eMists eA the Effeetive Date ef this Title. FeF p1:1Fpeses ef this s1:1hseetieA "s1:1hstaAtial alteFAatieA eF eHpaAsieA" ffteaAs either (1) the FeplaeeffleAt ef all ef aA eHistiAg feAee/wall(vis1:1al harrier er FetaiAiAg wall, er (2) eefflple11 repairs te aA eHistiAg feAee/wall(vis1:1al harrier er retaiAiAg wall, iAel1:1eliAg h1:1t Aet liffliteel ta, FeplaeemeAt er releeatieA ef a gate, replaeeffteAt ef aA eAtire seetieA ef feAee he~veeA pests, replaeemeAt ef all feAee pielEets , aAel replaeemeAt er releeatieA ef eerAer er gate feAee pests . "CempleH repair" we1:1lel typieally Aet iAel1:1ele sifflple repaiFs s1:1eh as FeplaeemeAt ef iAeli•riel1:1al pieltets, OF FeplaeemeAt of pests otheF thaA eoFAeF OF gate pests . .ei Permit and Zonins Site Plan review are not reauired for simole reoairs such as reolacemeot of individual Pickets oosts or less than sixteen feet (16'1 of fencios material c . An applicant may apply for Zoning Site Plan approval according to Section 16-2-9 EMC, "Zoning Site Plan Review," above. Maintenance: All fences and retaining walls shall be keot in a state of sood reoair C Q. Visibility : Sigh.t Distance Triangle The City Traffic Engineer shall determine compliance with sight distance standards in connection with all permit applications and shall be authorized to vary these standards depending on site conditions. l. Street/Street Intersection Sight Distance Triangle . No fence, wall, or otl:ler vis1:1al harrier yjsyal gbstryctjgg or retajgjng wan over three feet (3') in height above lbs: grade of the adjacent ~ shall be erected, placed, planted, or allowed to grow that obstructs the view of pedestrians on the sidewalk or obstructs the traffic vision at intersections. lAe City TFaffie EAgiAeer sl:lall eleteFffliAe street(stfeet iAteFseetioA sight elistaAce tFiaAgle req1:1iFemeAts haseel eA site eeAelitioAs. • ... ·"' • t • - C 2. (J Street/Alley Sight Distance Triangle. No ~ visual obstruction gr retajpjgg wan over three feet (3') in height above ~ grade of the adiacent street or aUey shall be permitted within the twenty-five feet (25') sight distance triangle created at the intersection of an alley and street. Said triangle is measured from a point where the curb line and the center line of the alley meet The distance from this point shall be twenty- five (25') along the street curb line ("B") and twenty-five feet (25') along the alley center line ("A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle. Figure 16-6(5) shall be used to determine cross-corner visibility at streets and alleys . IFieure 16-6'5): Street/Allev Sieht POINT OF INTERSECTION 1 STREET/AVENUE B ! B J. C A=Center Alley Line . Twenty-five (25') feet B=Curb line , Twenty- five (25') feet I I A I I I I I I I I ALLEY t Ga,age EAt,aAee,'Alley Sight DistaAee l,iaAgle. !>le Yisual eBStfUEtieA eve, tluee f€et (3 ') iA I.eight aBeYe g,aEle skalf Be ~e,ffiitteEI ,,.·itkiA tke siM feet ((,') sigkt ElistaAee t,iaAsle e,eateEI at tke iAte,seetieA ef a ga,age eAt,aRee aAEI alle·1 . Figu,e 1 & &(&) skall ee useEI te Eletent1iAe tke Yisieility at El,i,·ewa~·s aREI ~ < ' • • 4, l. Driveway/Street Sight Distance Triangle. No visual obstruction over three feet (3') in height above grade shall be permitted within the ten feet (10') sight distance triangle created at the intersection of a driveway and street. Figure 16-6( 7) shall be used to determine the visibility at driveways and residential streets. When no sidewalk exists, the sight triangle shall be determined by the City Traffic Engineer. Fi,:ure 16-6(7): Driveway/Street Siabt Distuce Triaa1le STREET 10' Back of Wal k Requ ired Min imum Sight Triangle t .• • • O f. ~ Classificat i on~ ef FeAees, Walls '/is1:1al Barri ers. A si ngl e unified ~style for feAees, walls, aAEI ~·i s1:1al harriers is encouraged. Class ificati on of f ences, walls, aAEI ·1is1:1al harriers shall be as follows: TABLE ~.1: ~CLASSIFICATION~ gi;: Ft;l>l~ei , l,tJAl:l:& ~l>IQ \/l&~Al: t4>RRlt;R& , . . .: ' -.... ' . -. ~ , • • . :t I "",. (. V. • ,. J ~· ... ,! ~-l ( ........ i·~~' :i ,; ,_ .... -·'.!,, .•. ' •. , .. :,,, Class · Stvle . Pennitted Materials ·,. Class 1 Masonry Brick, stone, icle srill~ ,S2lo re d ,Ptu;u:u: ~ concrete, 1mggdJ '1 [ 11:~tl.l[t:d ,,uu;c1:te lllii '21l~ Llllit !St;;MUl !:Meek, ~ o r other similar mate ria l Clas s 2 D ec orative Decorativ e metal, suc h as c ast or wrou sbt iron, Metal galvan ized steel, alum inum or oth er decoratjye metal fencin2 materi als. Class 3 Cha in link Steel or alum inum . garbed ~jte gr otber ~barg ~iu: ~bill gc lli:: be 1i1erwiu~d g~c ~1.1b~~,th2D E~ below . Class 4 W ood Malerial raleel !er e11 l eFie F !e Aee 1:1s e ~ Witeciali ds:~i &Deg ~gecifi,11 11:.! fot f~DCilJK 12UD;l9~e~ ill du: C2elll£GC weuo iCGil ~ood feoce Wil leria l ibill mee t ~I!~ re~idec&iil l uie ...... _ ..... ___ ..... _ Cl ass 5 Alternative Viny l, plastic, or composite fence products -designed specific ally for fencing purposes aAd Iha! mimi e the high £41:talily malerials iA ~lass 1, tlass i!, er tlass 4 ~1:11 Rel iA El1:teliAg ehiel1eA • Wi fe , SAeW fe Aee s, eha i A li Ah Wilh ~lasliE sla ts, ' Class 6 Combinatio n Co m bi nation fences , shall ~ K!Aee,~ua l~l~·e9e 1a1ieA consis tiAa of two or more peffflilte el materials oermitted within the zone district Class 7 Woven Wire Steel or aluminum ~g~en ~i,e de:iiiDl:d fgt fs:tu;iDK Ditbs:r.1 gt '11bi:t :ibiW ~~ite ~bill '2DI~ ho ""'=iHo..f ""'' <:, · -(:') holnw 1 . Fences shall be constructed of materials customarilv used for oermaoeot fencioa in the Denver metro area and aPoroxed bx the Citv Manaser or desisnee. 2 . Prohjbjted fence mater;als- a . Jbe fpUowjng materjals shan be prohibited Creosote or chromated copper arsenate (CCA) treated wood products ytiUJY poles, railroad tjes p!ywood fiberboard salxaae wood ' .. ,• • • E. corcusated metal sheet metal scrao or salvase metal PVC oioe chicken wire snow fence:; Plastic weaving or olastjc slats for use in chain link b . Electrjc fences ElectricaHy charged tepees shan be prohjbjted in all zone districts c . Plastic construction fencins max be used onlv for temnorarv construction fencins MaiRteRaRee: All feRees, walls, aRe vis1:1al har,iers sltall he l,ept iR a state ef gees rer,tair. Tue prepe,ty ewRer sltall sigR aR agreemeRt te eeRliR1:1e1:1sl·t maiRtaiR Ike ieAee, wall, er vis1:1al harrier fer Ike liie ef d:te slNENre, ·.1.rltiel:1 agreemeAt sltall he iRel1:1eee as paFt ef Ike ZaRiflg Site PlaR appre\·al aRe eAfereeahle 1:1Reer tltis Title aAe l:IR&er all ellter applieahle M1:1Aieipal Ceee previsieRs. F. feuce Oe\•elepmeRt Standards fer FeRees, !Al.alls, aAe Vis1:1al 8affiefs 1. Permitted Fence Location, Class, and Height by Zone District It shall be unlawful for any person to erect a fence or for any property owner to allow a person to erect a fence that does not conform to the standards enumerated in this Section and the standards for all zoned dis tric ts, as described in Tables lflit ~ 1 & & &.2, 1 & & &.], aRS 16-6-6.4 heJew: ( (< • ' .. • • R-1 -A R-1 -B R-1-C R-2-A R-2-B MU-R-3-A MU-R-3-B R-1-A, R-1-8 R-1-C R-2 -A, R-2-B, MU-R-3-A, MU-R-3-B R-l ·A R-1-B R-1-C R-2 ·A, R-2-B, MU-R-3 -A , MU-R-3-B b. Open Construction FRONT SETBACK: a. Solid Construction b . O n Construction : i . Residential ii. Nonresidential SIDE SETBACK/FENCES BEHIND THE FRONT SETBACK LINE : Solid and/or Open Construction REAR SETBACK : Solid and/or Construction Open 1 4 2, 3, 4, 5, 6 1 4 2 3, 4, s. 6 1 2 4, s. 6 1, 2, 3, 4, s. 6 1, 2, 3, 4, s. 6 3 4 3 4 6 4 6, except as noted in Additional Requirements 6, except as noted in Additional Requirements • • • • Fences in a front yard shall not interfere with or qb<truct viMhiti'Y within a required sight distance triangle. Fences in a side yard shall not interfere with W Ob§trurt YiJ:ibililv within a required sight distance triangle. §iee ·, are feAees shall Aet elnlNet llisihilil'i at the iAteFSeetieA ef aA alle·1 with a Slfeet: Rear ~,a,_. fences iD i CC@C w_shaU not io!Crtccc with a.obstruct visibility mlbilLi CCAYirc:d Wsht dil!iOEC liill&· ai the iAteFSeetieA ef • • • Zone F~locatloo !" District \' AREA WITHIN 15 FEET • Em,a ill i ifiml :r:111:d :illill DQI OF FRONT PROPERTY itUs:tmu: ~ilib II qbJ(QJCt LINE : ~~bili&x ~ilbia , u:md~ li1b1 • t a. Solid Construction 3 dilliD,1: a:i1D1l1: 1, 4, 5 • A combination fence may be • permitted where a solid masonry base shaR have a maximum height of three feet .. 1, 2, 4, 5 3 (3'), and decorative metal material built on top of that MU·B-1 , base shall have a maximum b. Open Construction height of three feel (3') and MU-B-2, shall be at least 75% open. TSA • §i11 feet; 5i11 iAehes !(t'&"l fer 2 6 Gass I 11es1si'11illars sel A8 eleser lhilR ""'e feel li'l 8R • Era,1:1 iD Rrear and side yards feMes shal not AREA BEYOND 15 FEET ia&&:dl:CI: mm II obstruct OF FRONT PROPERTY 1, 2, 3, 4, s. 6, 7 6 visibility mlbia i CCPHiCCd LINE Hshl diHIPEC triaostc at-the if11e,1eeieR et lhe ale, i. lilh iHlfeet. TABLE 16-6-6.4: FENCE, IJ,!;\bb ,*i~lQ IJl!iY,t,b ll •,RRIER ST ANOARDS FOR INDUSTRIAL DISTRICTS Zone Fence Location Permitted Fence Permitted Additional Requirements .. District Oass Maximum CMIMeRII Height On feet) FRONT YARD : • Er:a,r, iD i illll xiWI ~I CIQI Solid and/or Open 1, 2, 3, 4, 5, 6, er 12 ialrdc,s: illb Iii m,11.1,s Construction 7 ~ibilll~ WlbnJ I tmi~ i1bt ,l,•••-r• ..,,ftnla SIDE YARD : • ~ ffences in a wlc xacd Solid and/or Open shal not ia1e=m db " cons truction 1, 2, 3, 4, 5, 6, e, 12 obstruct visibility .tibia i 1-1, l-2 7 r@tJLU,al ilbl lilliDl;C liialb: •• lhe i"leNeeliefl el lhe ale-, .__.lh • •eel: REAR YA RD : • Rear YMI ffences jg ii M YNd Solid and/or Open shal not ina:dm mlb " Construction '· 2, 3, 4, 5, 6, e, 12 obstruct visibility mlbia ii 7 aalmt 111b1 ll11ia,1: liiUlk 11 lhe i111l1flleeie111 el ._ ale, iilhaNN!el (J 2. Bareeel Wire Additjopal Fence Standards a Barbed Wire . W a, Barbed wire or other elaRgere1:1sly sharp feAee fRatefiaJ m shall not be erected or maintained Wlbin; ~ Any residential, TSA, or business zone district. !b.l W+ffffft ~any yard area of a property within an industrial zone district that abuts or adjoins property in a non-industrial zone district. &. mw!°!ere allowed, barbed wire Or Sifflilar Fflaterials other sharp nice may be erected on permitted fences provided the wire or material is installed at least six (6'} above grade and does not exceed the permitted fence height. 3. Eleetrie FeRees. Eleetrieall·t ekargeel feRees skall eRly ee ereeteel er FflaiRtaiReel iR iRel1:1strial zeRe elistriets. l-lewever, eleetrieall·t ekargeel feRees skall Ret ee perfflitteel iR aR'f yarel area ef a preperty witRiR aR iRel1:1strial elistriet tkat ae1:1ts er aeljeiRs preperty iR a ReR iREl1:1strial Elislriet. 4b. FeRees: aREI '..Valls GeReral Height §taRelarels. w Heisbt means the distance of the vertical fence surface measured from finjshed grade to the top of the yertjcal ~ m PjUars gr OO'il'i between yertjcal fence surfaces may exceed the max;mum perm;ued fence hejght by Jo Percent ( J Oo/ol: Ul Jrems and Gate /Entry Features Jrelljs and Gate /Entry features mav be oermitted ocoxided thev do oat exceed a he jght 0 { ejght feet (8 '} abgye grade a, When a fence is erected on top of a retaining wall, the height of the fence shall be measured from the top of the retaining wall. ~ Ir. When a fence is erected on a wall that is part of, or integral to the fence construction, the entire structure ' • • shall be considered a Class 6 fence and shall comply with Class 6 fence height requirement S. Deeerative Materials. Oeeerati.,.e materials, iReltieliRg etit Rat limiteel ta tile er glass eledc, may ee iReerpeFateel iRte tl=le elesigR ef permitteel elasses ef feRees aREl walls. c Desisn and Location W Seoaratioa between oost/oillars shall be a minimum of five feet IS'} feet 13\ /4) Decorative Materials Decorative materials iodudins but oat limited to tile or @lass block mav be incomorated into the desisn of Permitted dasses of fences uoon the aooroval of the Citv Manasec or desisoee. Fences in F;1~pmeots Fences mav be Permitted within easements However the Cjty shaH not be responsjbie for the reoair or reolacement of fences that must be removed to access such easements Fences Adjacent 1° Pybljc Sjdewalk All fences shall be located on the awner's orooectv but no closer than one foot ! J '1 behjnd any public sjdewalk ee g. Lighting eR Fe Rees aRel Walls. · Eitterier area seetirity Llighting may 8Aly be installed 0R feRees er walls leeateel iR tl=le I 1 er I 2 Gistfias, provided such lighting is controlled by an automatic light level switch and is downcast and shjeided so that ijght js directed into the site and not outward toward tl=le perimeter adjacent properties. +-: ~ Fences for Swimming. Pools . Please refer to the Englewood M unicipal Code for fence requirements for swimming pools . & f. Tem oocarv Fences. Te moorarv fen ces for construction sites or similar ou raos e shall comolv with ceauirements of the Building code ad opted by Jbe Cjty , 9. FeRees iR EasemeRts . FeRees ma·1 ee perMitteel witRiR easeMeRts . l-leweYer, tl=le City shall Rat ee respeRsiele fer tl=le repair er replaeemeRt ef feR ces tl=lat Mtist ee reMeveel le aeeess stieR easemeRls . ' • • C G, H Retainina Wall Classifications ~ Alternative 1. PC?_bibited Retajnjng wan Materjals- Ut1htv Poles railroad ties or aov ere shall be prghjbited. osote or CCA treated materials Retainins Wall Dexelooment Standards 1 · Retajnjng wans shan t 11 adopted by the qty mee a applicable BuUdios Code standards 2 . &etaioins wans Adjacent to Public Sjde .. shall be located 90 the o , __ walks. AH reta,amg wans /"1\ f b h ·--_wger $ prgperty but no I h oote jnd any public sjdewalk c oser t an one • t • • (, • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MAffiR OF CASE #2004-33, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE FENCE ORDINANCE INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Bleile, Diekmeier, Hunt, Krieger, Mosteller, Roth, Schum, Welker Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on April 5, 2005 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff. The Commission received notice of Public Hearin& the Staff Report, and a copy of the proposed Fence · Ordinance, which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions . FINDINGS OF FAQ 1. THAT the Public Hearing on the Fence Ordinarice was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on March 18, 2005 . 3 . THAT the amendments are designed to clarify and simplify the existing fence regulations . t • • - 4. THAT the amendments are designed to provide some consistency with the remainder of the Unified Development Code's language. 5. THAT the amendments update fencing and retaining wall re$ulations to be consistent with metro area standards. 6 . 1. THAT the amendments address community concerns regarding permitted materials for fences and retaining walls. CONCLUSIONS THAT the Public Hearing on the Fence Ordinance was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. I 2. THAT notice of the Public Hearing was published in the Englewood Herald on March 18, 2005. 3. THAT the amendments are designed to clarify and simplify the existing fence regulations . 4. THAT the amendments are designed to provide some consistency with the remainder of the Unified Development Code's language. 5. THAT the amendments update fencing and retaining wall regulations to be consistent with metro area standards. 6. THAT the amendments address community concerns regarding permitted materials for fences and retaining walls . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Fence Ordinance should be referred to the City Council with a favorable recommendation . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on April 5, 2005, by Mr. Welker, seconded by Mr. Schum, which motion states : TO RECOMMEND PROPOSED AMENDMENTS TO SECTION 16-6-6 : FENCES, WALLS, AND VISUAL BARRIERS OF THE UNIFIED DEVELOPMENT CODE TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION WITH THE FOLLOWING AMENDMENT: t • • .• ( AYES : NAYS: ABSTAIN: ABSENT: T. Table 16-6-6 :T Fence Oassifications, Class 4, Wood, Permitted Materials read as follows: · "Wood materials designed specifically for fencing purposes. Wood fence material shall meet EPA residential use standards." Bleile, Diekmeier, Hunt, Krieger, Mosteller, Roth, Schum, Welker None None None These Findings and Conclusions are effective as of the meeting on April 5, 2005. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION ORDINANCE NO. SERIES OF 2005 BY AUTHORITY ABILL AN ORDINANCE AMENDING TITLE 16, CHAPTER 6, SECTION 6, OF THE t™GLBWOOD MUNICIPAL CODE 2000, WHICH PBR.TAJNS TO FENCES AND RETAINING WALLS. WHEREAS, Phase I of the Unified Development Code (UDC) focused on a general update and reformatting of City zoning regulations; and I WHEREAS, since August 2004 the Englewood Planning and Zoning Commission has conducted study sessions focusing on clarifying and simplifying existing regulations and addressed permitted materials and comer lot fencing issues; and WHEREAS, the Englewood Planning and Zoning Commission held a pubic hearing on the proposed amendments on April 5, 2005 and recommends passage of this Ordinance; and WHEREAS, this amendment eliminates the sight distance triangle at driveway/alley intersections which eliminates numerous nonconformities created by the Unified Development Code; and WHEREAS, this amendment clarifies the types and materials allowed for use in fences; and WEREAS, the amendment clarifies the allowed location of fences in relation to the public sidewalk. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 6, of the Englewood Municipal Code 2000, to read as follows: 16-6-6 : Fences,-Wells,and Vist18l 8111'1'ie,s Retaining Walls . A . Purpose . The following provisions establish standards to regulate the design and location of fences,--wells, and ¥ist18l lllll'l'ieF& retaining walls in a manner that ensures the following : I . An attractive environment of safe, desirable character; 2 . Reduced potential for pedestrian or traffic conflicts; and 3. Protection and security for the owner and adjacent parcels. -1- . .... .. • t • B. Applicability/Permit Required. I. Applicability . a. This Section shall apply to all new fences, waUs, er~ YtsuM 9llfflef!t retaining wa}ls erected or installed after the effective date of this Title. b. This Section shall apply to all fences, walls, er and ~ isll&l l,Bffiers retaining walls existing on the effective date of this Title. Nonconforming fences,-waH&, and •1is11al l,affiel'5 retaining wans shall be subject to the termination and other provisions applicable to nonconforming structures stated in Chapter 16-9 EMC, "Nonconformities." !!· For the purpose of this Section. the tenn "fence" shall also include any visual barrier, as defined by this Title . 2. Pennit and Zoning Site Plan Required. a. Zening Sile PIBfl appreval is peq11itoetl fer all new feeees, walls, er vis11al l,affiel'5 ereeled er inslBlled after lhe effeetive date ef !his ~ A Pennit and a Zoning Site Plan review and approval shaU be required for: I,, ill Construction of an new fences or retaiDing wans erected or instaned after the Effective Date of this Title. ill Replacement of more than sixteen feet ()6'} of existing fence. Replacement of an or any portion of an existing retaining wan. Alteration or modificat ion to the height. material or location of an existing fence or retaiDing wan ill Alteration or modification of an existjpg fence or retaining wan affectios siRht distance . Zelling Site PIM review BINI appre, al is f91111H'811 fer 111, MIMlllllial aheraliens er e11pBRsie11a ef • fe11ee, wall, er 'li1ual Nl'l'ier lhel e11isls e11 the eA'ee1ive date ef lhi1 Tille. Fer Plll'P••• ef lhi1 s11l,see1ie11 "e 11lls1t1111iel altemali811 er 11tpB111iee" lllfW eilh• (I) the repleeeMe111 efell ef• ellillin1 r.eal'Walll,illlal Nl'l'i•, • (;!) ee1Rple11 repaiN le an e11i1ti111 fe-'wall,4, ieual Nl'l'iw, iMIINlina INI -2- . .. ·"· • ... t • • net lilllitell te, Feplaee111e11t er Nleeati811 ef a gate, Feplaeeme11t ef 811 eftliN seetie11 ef feftee l,et,.. -peata, ,eplaeemeftl ef all fellee pieketa, MIi replaeement er ,eleeatie11 ef ee111er er gate fellee pasta . "Cemple1t ,epair" we11lll typieaUy aet iaellllle aimple repairs s11eh Bl ,eplaeement ef inlliwilillel pieketa, er ,eplaee1111111,t ef pests ether th811 eeffter er gatepesta . A Permit and Zoning Site Plan review are not required for simple repairs such as replacement of individual pickets. posts or less than sixteen feet ll6'} of fencing material. c. An applicant may apply for Zoning Site Plan approval according to Section 16-2-9 EMC, "Zoning Site Plan Review," above . ~. Maintenance: AU fences arid retaining walls shall be kept in a state of good ~ I G:-~. Visibility: Sight Distance Triangle. The City Traffic Engineer shall determine compliance with sight distance standards in connection with all permit applications and shall be authorized to vary these standards depending on site conditions . 1. Street/Street Intersection Sight Distance Triangle. No fence, ~ ether TJisllal l,affier visual obstruction or mtaining wall over three feet (3 ') in height above ~ grade pftheadjacent street shall be em:tccl, placed, planted, or allowed to grow that obs1ructs the view of pedeltriana on the sidewalk or obstructs the traffic vision at intersections. 'Ale City 'Iftflie l!:11gilleer shall llet.miae lllreet.<llfeet illteraeetiee aight di11M11 IMBsle N'111i,emea1& haaed e11 aite eeaditie111 . -3- 2. Street/Alley Sight Distance Triangle. No~ visual obstruction gr retaining wall over three feet (3') in height above~ grade~ adiacent street or alley shall be pennitted within the twenty-five foot (25') sight distance triangle created at the intersection of an alley and street. Said triangle is measured from a point where the curb line and the centerline of the alley meet. The distance from this point shall be twenty-five feet (25') along the street curb line ("B") and twenty-five feet (25') along the alley center line (" A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle. Figure 16- 6( 5) shall be used to determine cross-comer visibility at streets and alleys. Figure 16-6(5): Street/Alley Sight Distance POINT OF INTERSECTION STREET/AVENUE ______ a_ ! __ e _____ _ A-c.nt.r Al9y Line. Twent,-ftve (2S'} feet 9-curt, line. Twenty- five (25') fNt Al.LEY t 3-. G-• e111rM1a'AHey Sipe 9iatellee :i:.ia111le. >Je ,•iallal all11Netia11 av• dwe Net (l') ill h•i•• aheve gt'INle !hell he permiltN aithin the 161 feel ('') aipl di111111ee lfi-sle erealell II Ille i111 .. ulie11 ef a 111'91• IIIIINllee MIi a11,,. Fisw• 1, '(') SMll 111 11111118 lla1-., •• ,;,illilily .. Mve,,a,1 •Ii all•>•· -4- • t .. • • Fi1ure 16-6(6): (RESERVED) 4-~. Driveway/Street Sight Distance Trimgle. No visual obstruction over three feet (3') in height above grade shall be permitted within the ten.,._~ (IO') sight distance triangle created at the intersection of a driveway and street. Figure 16-6(7) shall be used to determine the visibility at driveways and residential streets. When no sidewallt exists, the sipt triangle shall be determined by the City Traffic Eoainccr, -5- • • Figure 16-6(7): Driveway/Street Di stanc e Triangle STAt:El I i I 10· t. ' / \ ' , ' /< ' s ' ' g-· B ' ~ Sight tllal!Qla • t ~4-·- ----- • • -6- B;. ~ Classiflcalion~ Bf Fe"e~. Walls atttl Jli,,e,al &ti l"ief'9. A single unified ~ style fer feaees, walls, and , is11al l,ar,ie,s is encouraged. Classification of fences, walls, and • is11al hlll'fiers shall be as follows: TABLE 16-6-6.1: ~CLAsslFICATIONS Qi~. 'iik\i.Ls ~ w~\i:. B.~ ~ k:lass 1 Class 12 t;lass 13 k:1ass 14 :Class IS :Class ki k:lass 17 . ----.. --... .-. Style J>crmittcd Ma\tcriats Masonry Brick, stone, iDICmllX 1.21!iwl S:WH:~ textured concrete, smooth or •-h,...A .. Aft .. -,. -Hft"~' "";' ,rw I\ t,leelt; ~ or other similar material IDecorati ve -. . . . Mmc1ll1. such as cast or wrought iron, galvanized steel, aluminum IM,Metal lor other deco[llivc metal fencing materials !Chain ~~ink IStccl or aluminum. !;111'.bcd l!Yirc or other sham l!lt'.irc 111111 Q11b; be oennittcd Im' -· l:''1 "-'Aw ---Wood materials designed specifu;aIJx for ··-·-· ··-· !wood ,._ .. ;ftd wn<Vl r-... m.,.,.,,.;.,.1 .i..11 --FPA .... - !Vinyl, plastic, or composite fence products designed specifically for fencing !Alternative purposes. ~d ~ mi~ia Ille ~sh 11'18ii~ ••••~.ill_ ~1111 _I, ~~. :I, er ~llllls . ·-·· . . -, .. .... :Combination !Combination fences shall he fenee,' .. 1111<. 11etelien consistiftg of two or more materials 1,!Smiit&Gd wimin lbc mg ~tril;t, !Woven Wire ~tccl or aluminum wom ~ill gcsjmed fQ[ fm;iD& Barbed or odlcr sham m I.hall ftftlu Iv, --. l:°'1 ... ,A- ~ Fcaccs shall be consttuctc<I of raeictjals customarily used £QC Pf"P:!PFQS fenciag iD lbc Deaver mcgo erca apd apprpm '»' the City M,r•m gr ~ -7- ' .· • • ~ Prohibited fence materials: !· The following materials shall be prohibited. Creosote or chromatcd cmmer arsenate <CCN treated wood products, utility poles. railroad tics, plywood, fiberboard. salvage wood. corrupted metal sheet meta!, scrap or salvage metal PVC pipe, chicken wire snow~ plastic weaving, or plastic slats for use in chain link. ~ Electric Fences, Elcctticanv charged fences shall be prohibited in all zone djstticts. ~ Plastic construction fencing may be used only for temporary construction fencing. J;. .Mairt1e1tt11tee. ,YI feaeea, "A all&, ead 'lilNel l,anie,a shall ee kept in • stMe ef geed repair. 'Rte prepetty e-er shall aip ea eg,1111111Bl te eeatiMe111ly tBeiatein lhe feaee, r;.'811, er ·1i!NIII eanoier fer Ille life ef the ._,._., ·Nhieh agreemeat !!hell ee inel11aea 118 pen ef lhe Jaaiag Site Plea llpJll'll'lel ead eafereeel,le 11ader lhis Title and IIB&er ell alher llp)llieehle Muaiaipel Gelle pre·1isieaa. l. Pennitted Fence Location, Class, and Height by Zone District. It shall be unlawful for any person to erect a fence or for any property owner to allow a person to erect a fence that does not conform to the standards enumerated in this Section and the standards for all zoned districts, as described in Tables Hi fi fi .2, lfi fi fiJ, ad 16-6-6-1 thru 16-6-6.4 l,elew: -8- D . ABLE i6-6-6.2: FENCE; V.',>\M.-A.>191,ijstM1.:s1dutmR.st AND.ARDS .FOR R.ESIDENTiAi.·- lS11UCTS -.. ~ -~._.:.:. ..... f,:_4-~ ..• ·~ -~~1:~.·· ~·_.~ .. :·--~'_ ... ·,-/'._~~;..·-r~~~~:, ":~~ one :f ,;.:( . encc 'f.ocatiOI\ • . is..-lct RONT SETBACK: -1-A -1-B -1-C . Solid Construction I, 4 -2-A -2-8 ONT SETBACK: . Solid Construction l, 4 Fences in a front yard shall not tcrferc with or obstruct yjsjbjljty 1-------....._ ___ ....._ _____ lll~·uw· IL& required sight distance . Open Construction: -R-3-A -R-3-B ..,_-----~-----.------1 l. Residential . Nonresidential IDE ETBACK/FENCES EHIND THE RONT ETBACK LINE : olid and/or Ooen , 3, 4, 5, 6 I, 2 ·angle . F cnccs in a side yard shall not · tcrferc with or obstruct yjsjbjljty · · a required sight distance 'angle. • • AR SETBACK: l, 2, 3, 4, '6 Rear ~ aAI ~ ences jn a rear yard , ball not interfere with or obstruct xcept as noted n dditional equirements . ABLE 16-6-6.3: -FENCE ;-'4i.tAil. .@9 Vl&\h\l. B,AdlR,lER STANDARDS FOR BUSINESS JSTRICTS . . . \.. . ;.-·, _. . one istiict ence L9catiQn REA WITHIN 15 FEET OF RONT ROPERTY INE: A combination fence may be permitted here a solid masonry base shall have a t------~t-----,-----L · um height of three feet (3') and ecorative metal material built on top of base shall have a maximum height of 1------+----+-----f:~ feet (3') and shall be at least 75% -B-1 , pen. U -B-2 , t--6tw-f-..--111e1~~-ffl'-QMt-+ SA A BEYOND 15 FEET OF RONT ROPERTY LIN ~!!!11!!1!!::.!lt Rrear and side ~ ff enc es hall not jpteqffS with or obstruct isibility within a JWMffi sjght dj@PEe II Ill, illl--li•• ef 1111 elley ' • • ( 0 . ABLE 'f6-6-6.4: FENCE , •jJ)ii,l. .AM> ·f,qgy.\li B.~R STANDARDS FOR INDUSTRIAL ISUU:CTS .: tl:.,.,;., -·-·"" ;,=.,,,~:'. . ... L-:. ... _ one is~c·t -1 , 1-2 l, 2, 3, 4, 5, 12 • {jf-7 l,2,3,4,5, 12 ' {jf-7 l, 2, 3, 4, 5, 12 •• 1 ~. Additional Fence Standards . ~-Barbed Wire . e .U) Barbed wire or other 11M1e,e119ly sharp fenee 111atel'iel m shall not be erected or maintained .!!'.i.tbin : ti-} (a} Any residential, TSA, or business zone district. ~ (b) Wttlttlt ~y yard area of a property within an industrial zone district that abuts or adjoins propeny in a non-industrial zone district. e.Ql Where allowed, barbed wire or ·--.....-iall ocher sham wire may be erected on permitted fences provided the wire or material is installed at least six feet (6') above padc and docs not exceed the permitted fence bei&ht. -11 - ' ,• • • 0 ·• • 0 0 ~-E:leeffie Fe11ees . Eleeffieally eha,gell fe11ees shall e11ly 1,e ereele.i er mai111ai11ell i11 iBtlllfllfial i!Bfte llisll'ie15. He 1. e, er, eleelfieally ehel'getl fe11ees shall 11e1 l,e pel'IBiHetl ill any yarll a,ea ef a prepeAy l.'ili!m 8ft iltll11sk'ial llisll'iet lhat al,11ts er 11tljeiBs prepert, iB II BBB iBtl11Sk'i11I tlisll'iet . ~-FeBees &Bil Walls GeBeFttl Height Slentlerlls . Height means the distance of the vertical fence surface measured from finished grade to the top of the vertical surface. PiUars or posts between vertical fence surfaces may exceed the maximum permitted fence height by ten percent (10%). QJ Trellis and Gate/Entry Features TreJlis and Gate/Entry features may be pcanitted provided they do not exceed a height of eight feet (8'} above grade. a. ~ When a fence is creeled on top of a retaining wall, the height of the fence shall be measured from the top of the retaining wall. I,,.~ When a fence is erected on a wall thal is part of, or integral to the fence construction, the entire structure shall be considered a Class 6 fence and shall comply with Class 6 fence height requirement. ~ Design and Location. W Separat ion between post/pillars shall be a minimum of five feet <S'). S.. ill Decorative Materials. Decorative materials, including but not limited to tile or glass block, may be incorporated into the design of permitted clasSC1s of fences an4 nails upon the approval of the City Manager or design". QJ Fences in Easements Fences may be pcnnittcd within casements . However. the City shall not be responsible for the repair or replacement of fences that must be removed to access such easements . ~ Fences Adjacent 10 Public Sidewalk. All fences man be located on the owner's property but no closer thlQ one foot O '} behind any public sidewalk . f>. !!t Lighting . e11 Fe11ees ans Walls. &1111,ier .,.. 1a111rit, ~ightina may ~ be installed BIi l'a11eas er 1. alla lee ... li ill Iha I I er I a M1M1t1, prov ided such lightina is controlled by an automatic liaht level switch -12- ' . .., • • ( g. ·• • and is downcast and shielded so that light is directed into the site and not outward toward !he pefilfteter adjacent propeni.es . +.~ Fences for Swimming Pools . Please refer to the Englewood Municipal Code for fence requirements for swimming pools. &-. t Temporary Fences. Temporary fences for construction sites or similar purpose shall comply with requirements of the It gwlding e~de adopted by the City. ~-FeBees ie e11Se111e11ts. Fe11ees 111ay lie pefflliKed wilhiB e119e111e11ts. Hewen,, the City shall 11e1 lie respe11silile fer !he repair er replaee111e111 ef fe11ees !hal 11111st lie re111eved le aeeess s11eh ease111e111s . Retaining Wan Classifications . TABLE 16:6:6 S· RETAINING WALL CLASSIFICATIONS Cllll ~ Qlai..l ~ QiH..l Wood Qaul Aliem11ive . Brick, stone integrally colored concrete textured concrete smooth or textured CMU. stucco or other similar material l...andscapc timbers Material shall meet EPA residential use standards Other materials commonly used for retainin" walls in the Denvq metro ORI and approved by the City Manager or desimee. 1 Prohibited Retaining wan Material: Utility poles. railroad tics, or any creosote or CCA treated materials shall be prohibited. ~ Retaining Wan Development Standards . ,k Retaining wans shall meet an applicable Building Code standards adopted by ~ ~ Retaining wans Adjacent to Public Sidewalks AU retaining wans shalJ be located on the applicant's property but no closer that one foot (J') behind any public sidewalk . 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 -13 - ' . .. .. • • the protection of public convenience and welfare . The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severabjljty. 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 4. lnconsjstent Qnljgn,;es. 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 S. 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 6 . .hmllx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordioaoce. Introduced, read in full, and passed on fint reading on the 2nd day of May, 200S . Published as a Bill for an Ordinance on the 6th day of May, 200S. Douglas Garrett, Mayor ATTEST : Loucrishia A . Elli_s, City Cleric I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, bereby 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 2nd day of May, 200S . Loucrisbia A. Ellis -14- t • • --·- ( COUNCIL COMMUNICATION ~ Date: Agenda Item: Subject May 2, 2005 11 a ii Realignment of Valley Sanitation District Sewer Line at the L/E WWfP Initiated By: Staff Source: Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Littleton/Englewood Wastewater Treatment Plant Supervisory Committee recommends Council adopt a bill for an ordinance approving an agreement with Valley Sanitation District whereby Valley relinquishes title to the fee simple land and adjacent easement at the Littleton/Englewood Wastewater Treatment Pl ant (L/E WWfP) in exchange for the City of Englewood taking over and maintaining the 24" Valley District sewer line to the plant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED tn 2004 Englewood purchased land where the Englewood Servicenter and the L/E WWTP resided that had been under a long-term lease agreement. In preparing for the closin& a title search was ordered which revealed Valley Sanitation District's fee-simple portion {approximately 20' x 300') and an easement (varying from 20' to 40' x 500'). The L/E WWTP is now consolidating the 30 parcels that comprise this area and attempting to obtain and incorporate Valley's adjacent land and ease ment. Valley's land and easement are adjacent to each other (see attached) and located at the site of the future denitrification facility where the digesters have been constructed. The original Valley Sanitation District line at the L/E WWTP was disconnected and realigned in the 19 70's to ac commodate plant constru c tion and realigned again in 1992 to run down Platte River Ori e to accommodate the L/E WWfP when the original Englewood Wastewater Treatment Plant decommissioned. The original line was abandoned and removed, but the Right-of-Way still belongs t o Valley Sanitation District. Englewood 's Ci ty Attorney drafted an agreement for an exchange whereby Valley Sanitation District relinquishes all ri ghts and property of the old abandoned sewer line via a Quit Claim Deed in e c hange for the City of Englewood taking over and maintaining the 24" Valley District sewer line adjace nt to the L/E wwrP from Valley MH 5 to the intake. t ... .. • • FINANCIAL IMPACT None. LIST OF AlTACHMENTS Bill for an Ordinance. t • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY WHEREAS, in 2004 Englewood purchased land where the Englewood Servicenter and the Littleton/Englewood Wastewater Treatment Plant bas resided under a long- term lease; and WHEREAS, the UE Wastewater Plant is consolidating the 30 parcels that comprise this area and wishes to obtain and incorporate Valley's adjacent land and easement; and WHEREAS, the original Valley Sanitation District line at the UE Plant was disconnected and realigned in 1992 to run down Platte River Drive to accommodate the UE Wastewater Treatment Plant expansion; and WHEREAS, the original line was abandoned and occupied critical areas of the UE Wastewater Treatment Plant; and WHEREAS, the proposed intergovnmental agreement is for an exchange whereby Valley Sanitation District relinquishes all rights and property of the old abandoned sewer line via a quit claim deed in exchange for the City of Englewood taking over the maintaining the 24" Valley District sewer line adjacent to the E/L Wastewater Treatment Plant from Valley MHS to the intake; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon I. The Intergovernmental Agreement between Valley Sanitation District and the City of Englewood, Colorado attached as "Attachment A", is hereby accepted and approved by the Englewood City Council. Sectjon 2. The UE Wastewater Treatment Plant Director is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and .on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 2°4 day of May, 2005 . -1- • t • • Published as a Bill for an Ordinance on the 6th day of May, 200S. ATTEST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Cleric I, Loucrisbia A. Ellis, City Cleric 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 tint reading on the 2nd day of May, 200S . Loucrisbia A. Ellis -2- • t .. • • INTERGOVERNMENTAL AGREEMENT Intergovernmental Agreement between the Valley Sanitation District, a special district organized under the statutes of the State of Colorado, hereinafter called "Valley" and the City of Englewood, Colorado, a Colorado municipal corporation, hereinafter called "City". WHEREAS, the Valley Sanitation District sewer line connects to the Littleton/Englewood Wastewater Treatment Plant pursuant to a CoMector's Agreement WHEREAS, this physical coMection of the Valley Sanitation District's line to the Wastewater Treatment Plant was moved and upgraded in 1992. WHEREAS, the parties wish to clarify the ownership and maintenance of both the new line and the original line abandoned by Valley Sanitation District THEREFORE, the City and Valley agree that the City, acting through the Wastewater Treabnent Plant, constructed the sewer line c:urrcndy located downstteam from the IDlllhole (identified as Manhole No. S on Valley Sewer Plans and as Manhole No. 27 on the UE Wastewater Treabnent Plant plans) located in the East Platte River Drive Right-of-Way to the point where the sewer line ties into the UE Wastewater Treaanent Plant headworb (approximately 1,247 feet of the 24 inch sewer line). The City funher agrees that they will assume ownership and maintenance over said sewer line as described in "Exhibit A". As consideration for the construction and maintenance oftbis sewer line, the Valley Sanitation District agrees to quit claim all of its tide and interests to the area comiec:ted to the old sewer line which was abandoned with the creation of the new c:oanec:tion in 1992. Said Property is shown on "Exhibit 8". The City shall waive any liability, which Valley may have for any sewer line or structures remaining within the subject ama as shown oo, "Exhibit 8". rN WITNESS WHEREOF, the Parties hereto have caused this Apeement to be siped as of the date first written above . By : CITY or L-.cuwooo, COLORADO a municipal tOlpOl1ltion Stewart Fonda A T T A C n M E .. 'I A Tide : L/E Wastewater Treatment Plant Director ATTEST: Loucrishia A. Ellis , City Clerlt . t .. .. • • By: Tide: A1TEST: ef.?.a~ Malice Ledbette~retary VALLEY SANITATION DISTRICT a special dilUic:t of the Staie of Colorado • t • • • • ~ • • . • • • • • ... • • .. • • .. • • • • • • • ~. • .. B C GAIQ --~_.1_,.1,· SCALE 1·•»-V --" I 1•,c:.e_ ... _ _.__ _.,._ --- 1.••1 .... .,"U. ._. ..... -.. ---------i::,•n ,• ~~ o,t,~ o,,6y ·-~~ .. ~~ = 0 F G H K -----c:.aetl ---- .. EXHIBIT A N .. KEYNOTES : @tT •~OID-C'Tlea& ta, .. _,...a..a.a,r_,....,~,__..., -@zvr ,.,.......,...,,,.,..,...,~ @)on.,.:1mas ..... .-.. .-.--~._,~n,•11111D.........,...tJi -@ ..,_._., ... ~ ..... ....,,.. ...... ., @ ~ ..... CT...,._r,w~-- @) lll&.CICAff PGIITGIIOI r •.a....-D @ ......,..,~..a~onan.u~toa..-oat-* ---11 r•• ........... ®.....,,., .......... ..a @ =-ma1. ... -~ ......... ,~ ...... @ ~t1'1""Jllll_'f __ .......,_...,_~_..,...;,~a.aaai.. @~:-a:.:=:c.~a:=.~~-,~ ~~-.._, .. ...._,DI .... _ ~....as._ ... ...., ....... ~ ..... ntl.~ ..... , ... .-..-. ... ~--II.C"fDil_.... @)1vr ,_.,_, .. ._..,....,,'*'°._.~111~ ....... ~ROPP' G AREA.: A a • pg ---~ .. ,· C • :! .,.,..._.-. 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A1~""D1'T•,c.a.ca.~,tiy.,uaa,:~ J >I I.&. :::.,r::.,.corc:.,-&~.:ll:~---WIU.N~..-\NAU~NICA,W.a..&JM -:€ 1£. ~~-· ._ ......_..,_.~~NUIIDTO,...,:T,.._TOlmTNI:,..._ 1£.mz.i -:.. L Cllllalll'fliecMIM&.TW ...... tWCMUISlllOIIIW.....::I.UNll1DWM04 ... C.~ ~ ._ _...._. ... ICIDl .. ,m---.~ 4 .. cma,s ...... ...a-.-..OC. ...,., .... Nl'.&C'l',Wffl<lunJn'W. • 11.~ta-=•-a.-~=~~"':a..~™-=--=-~91.:'~~ KEYNOTES: i ... CAJ111 ..... a.lllll'!IIIIUID.ll.1t11G1R.•~CTTOOIITNlt1"'ST111.U•QJIIIIID. cut• ... --WILW .. ..._r.&1-. ~~" LDICATOllWUIVIIW"._.LD:ATDt.-.~lllll~~~tDd~ ____., .Z-il:=:::::1·:a~~ILGCllac.i:r~='· • C!' t ... a.ra.-. .. GUT-. I ~ : :..-:::...-:r.-=:.-::·~ I~,=--::._::_-..:::~-- ea -----1111,DCAl9 .... AS .. <UMl>fDCUNIHJOffllafCl' ... 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' . \, -..a::;;:_..:;.;:.;;=~==================~§~p;iu -------·-·---.-.-/ ,---~-'"-"-~-4-·--. --·-·--·-·---·--·-· :..: ..... -. . ·.·' . , .:...__ ______ _ II , ; ,.;,;,:,: ·, ;,;:; I. 1/ 1 : ) > < < . . . . . . . . ... I • : ~"Pa'' ... " . .... l I( · . I I._:· ..... . I .t'_:.> j<:· .. ·. · .. . I ·. ~ I ( •• ·."·. • • • • ,., " .. : I> · . · . · . · 'Mn,.I :l. I a-I J. I ·.·.·.·. I INGRESS/ EGRESS ANO -t-.... -".' · .... ·. ~ff ;~~_82~;z;z~~. ij.,~. ~-~ .. ~ -~-~.~-NlP~AR£Nllk~T~2~0C3:~~"rS7.( t I i '.L(L/c;.,;;, s.... : I _V~ ,.,....m ..... , I a. .... J ............... . ~ <)t : :->:.&¥ . . . . . . . . . . . . . . . . . . . . t. . . . . . . . . . . . . . . . . . . . . . . . . . b r I~ ·················.· . . . . . ,~ : //: : > : ,~ ,:::; r r r I~ 11 !~ __:_~-===;;;;;;;;;;.iiiiiiiiii • -%XII • Utility Easemenl and Parcel consisting of two parcels described as: Parcel I : A strip ofland located in the West One-half(Wl/2) of the Nonheast One-quarter (NEl/4) of Section Thirty-three (33), Township Four (4) South, Range Sixty-eight (68) West of the Sixth Principal Meridian (6,. P. M.), more particularly described as : A strip of land lying within the right of way of West Bates Avenue extended, and running from River Drive on the West to South Lipan Street extended on the East. The estimated length of the right of way in the East-West direction is five hundred (SOO) feet; the estimated width of the East three hundred (300) feet is twenty-four (24) feet, and the estimated width of the remaining two hundred (200) feet is forty-four (44) feet. Parcel 2: A strip of ground Twenty (20) feet wide, more particularly described as follows : A parcel of land in the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section Thirty-three (33), Township Four (4) South, Range Sixty-eight (68) West of the Sixth Principal Meridian, described as beginning at the Southwest comer of the Nonheast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section Thirty-three (33), Township Four (4) South, Range Sixty-eight (68) West of the Sixth Principal Meridian; thence Nonh along the West line of the Northeast Quarter (NE 1/4) of the Nonheast Quarter (NE 1/4) of said Section for a distance of 20 feet; thence East along a line parallel to the South line of the Northeast Quarter (NE 1/4), of the Northeast Quarter (NE 1/4) of said Section for a distance of266 feet ; thence South parallel to the West line of the Nonheast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section a distance of20 feet; thence West along the South line of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section for a distance of266 feet to the point of beginning . EXHIBITS PAGE2 .. • t • RESOLUTION NO . SERIES OF 2005 A RESOLUTION SUPPORTING THE PASSAGE OF THE"COLORAl)O CLEAN INDOOR AIR ACT' ALSO KNOWN AS COLORADO SENATE BILL 05-207,PROHIBITING SMOKING IN INDOOR ENCLOSED AREAS, INCLUDING PLACES OF EMPLOYMENT. WHEREAS, Colorado Senate Bill 05-207 enacts the "Colorado Clean Indoor Air Act to preserve and improve the health, comfort and environment of the people of the State of Colorado by limiting exposure to tobacco smoke; and WHEREAS, studies have determined that tobacco smoke is a major contributor to air pollution and that breathing second hand smoke contains toxins and carcinogens and is a cause of disease; and WHEREAS, a Bill for an Act has been introduced in the Colorado State Legislature which would generally ban smoking in public places and places of employment; and WHEREAS , the City Council of the City of Englewood, Colorado desires to inform the members of the Colorado Legislature that it supports the enactment of the "Colorado Clean Indoor Air Act"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado supports the "Colorado Clean Indoor Air Act" also known as Senate Bill OS-207, attached as "Exhibit A" and the principles contained therein and urge the Colorado State Legislature and the Governor to enact it as its earliest opportunity. ADOPTED AND APPROVED this 2nd day of May, 2005. ATTEST : • Douglas Garrett, 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 2005 . Loucrishia A . Ellis, City Clerk ' .... . .. .. • • --=· ( 0 First Regular Session Sixty.fifth General Assembly STATE OF COLORADO EXHIBIT A INTRODUCED LLS NO. 05-0881.01 Bart Millef SENATE BILL 05-207 SENATE SPONSORSHIP Grossman, HOUSE SPONSORSHIP Larson, Lindstrom, Benefield, Borodkin, Green, Plant, Soper, and Todd Senate Committees House Committees State, Veterans & Military Affairs A BILL FOR AN ACT 101 CONCERNING ENACTMENT OF THE "COLORADO CLEAN INDOOR AIR 102 ACT", AND, IN CONNECTION THEREWITH, PROHIBITING SMOKING 103 IN INDOOR ENCLOSED AREAS, INCLUDING PLACES OF 104 EMPLOYMENT. BIii Sumrnay (Note : This sum.-na,y applies to this bil as introduced and does not necessarily reflect any amendments that may be sul>Nquently adopted.) ' • • -- ·• • 0 (J Enacts the "Colorado Clean Indoor Air Act" (act). Makes legislative findings and declares that the purpose of the act is to preserve and improve the health, comfort, and environment of the people of this state by limiting exposure to tobacco smoke . Page 2 of 17 Defines terms used in the act . Specifies that to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted in any indoor enclosed area, including, but not limited to: Public meetings; elevators; government-owned or -operated means of mass transportation, including, but not limited to, buses, vans, and trains; taxicabs and limousines; grocery stores; gymnasiums; jury waiting and deliberation rooms; courtrooms; child day care facilities; health care facilities, including hospitals , health care clinics, doctor's offices, and other health-care-related facilities; any , place of employment not exempted ; restrooms, lobbies, reception areas, hallways, and other common-use areas; restaurants; bars; limited gaming facilities; indoor sports arenas; lobbies, hallways, and other common areas in apartment buildings, condominiums, and other multiple-unit residential facilities; lobbies, hallways, and other common areas in hotels and motels , and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests; bowling alleys; billiard or pool halls; retirement facilities and nursing homes, not including any private residence; public buildings; auditoria; theaters ; museums; libraries; public and nonpublic schools; facilities in which games of chance are conducted, and other educational and vocational institutions. In the case of employers exempted from this act, requires those employers to provide a smoke-free work area for every employee requesting not to have to breathe environmental tobacco smoke and establishes that every employee has a right to work in an area free of environmental tobacco smoke. Makes exceptions to the general prohibitions of smoking for private homes, residences. and automobiles ; limousines under private hire; hotel rooms so long as the total percentage of the hotel or motel rooms does not exceed 25%; retail tobacco businesses ; and the outdoor area of any business . Permits the owner or manager of any place to post, at such owner or manager's discretion, signs prohibiting smoking or providing smoking and nonsmoking areas, which posting will have the effect of including such areas within the places where smoking is prohibited or restricted under the act . Permits local authorities to enact smoking regulations that cover the same subject matter as the provisions of this act . Specifies that no local regulations can be less stringent than this act. Allows enforcement of such local regulations through the municipal courts or their equivalent in any city, city and county , or town . Makes violation of the act a class 2 petty offense punishable by a fine not to exceed $200 for a first violation within a calendar year, a fine ' ... . •' • • ) •• . ' • ~ tJ ~--(_J not to exceed $300 for a second violation within a calendar year, and a fine not to exceed $500 for each additional violation within a calendar year. Deems each day of a continuing violation a separate violation of the act. Makes it an unfair employment practice, unfair housing practice, Page 3 of 17 and a discriminatory practice for a place of public accommodation to retaliate against any person or discharge any employee for requesting enforcement of the act or reporting a violation. Repeals provisions of current law that are inconsistent with the provisions of the act. 1 Se it enacted by the General Assembly of the State of Colorado: 2 SECTION 1. Article 14 of title 25, Colorado Revised Statutes, is 3 amended BY THE ADDITION OF A NEW PART to read: PART2 COLORADO CLEAN INDOOR AIR ACT 6 25-14-201. Short title -leglslatlve declaration. (1) THIS PART 7 2 SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO CLEAN INDOOR 8 AIRACT". 9 (2) THE GENERAL ASSEMBLY HEREBY FINDS AND DETERMINES THAT 10 IT IS IN THE BEST INTEREST OF THE PEOPLE OF THIS STATE TO PROTECT 11 NONSMOKERS FROM INVOLUNTARY EXPOSURE TO ENVIRONMENTAL 12 TOBACCO SMOKE IN MOST INDOOR AREAS OPEN TO THE PUBLIC, PUBLIC 13 MEETINGS, FOOD SERVICE ESTABLISHMENTS, AND PLACES OF 14 EMPLOYMENT. THE GENERAL ASSEMBLY FURTHER FINDS AND . DETERMINES 15 THAT A BALANCE SHOULD BE STRUCK BETWEEN THE HEAL TH CONCERNS OF 16 NONCONSUMERS OF TOBACCO PRODUCTS AND THE NEED TO MINIMIZE 17 UNWARRANTED GOVERNMENTAL INTRUSION INTO AND REGULATION OF 18 PRIVATE SPHERES OF CONDUCT AND CHOICE WITH RESPECT TO THE USE OR 19 NONUSE OF TOBACCO PRODUCTS IN CERTAIN DESIGNATED PUBLIC AREAS 20 AND IN PRIVATE PLACES. THEREFORE, THE GENERAL ASSEMBLY HEREBY 21 DECLARES THAT THE PURPOSE OF THIS PART 2 IS TO PRESERVE AND 22 IMPROVE THE HEAL TH. COMFORT, AND ENVIRONMENT OF THE PEOPLE OF 23 THIS STATE BY LIMITING EXPOSURE TO TOBACCO SMOKE . ' • • Page 4 of 17 0 0 1 25-14-202. Definitions. AS USED IN THIS PART 2, UNLESS THE 2 CONTEXT OTHERWISE REQUIRES: 3 (1) "AUDITORIUM" MEANS THE PART OF A PUBLIC BUILDING WHERE 4 AN AUDIENCE SITS, AND INCLUDES ANY CORRIDORS, HALLWAYS, OR 5 LOBBIES ADJACENT THERETO. 6 (2) "BAR" MEANS ANY INDOOR AREA THAT IS OPERATED AND 7 LICENSED UNDER ARTICLE 47 OF TITLE 12, C.R.S., PRIMARILY FOR THE 8 SALE AND SERVICE OF ALCOHOL BEVERAGES FOR ON-PREMISES 9 CONSUMPTION AND WHERE THE SERVICE OF FOOD IS SECONDARY TO THE 10 CONSUMPTION OF SUCH BEVERAGES. 11 (3) "EMPLOYER" MEANS ANY PERSON, PARTNERSHIP, ASSOCIATION, . , 12 CORPORATION, OR NONPROFIT ENTITY THAT EMPLOYS FOUR OR MORE 13 PERSONS. "EMPLOYER" INCLUDES, WITHOUT LIMITATION, THE 14 LEGISLATIVE, EXECUTIVE, AND JUDICIAL BRANCHES OF STATE 15 GOVERNMENT; ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, OR 16 INSTRUMENTALITY THEREOF, OR ANY OTHER POLITICAL SUBDIVISION OF 17 THE STATE, SPECIAL DISTRICT, AUTHORITY, COMMISSION, OR AGENCY; OR 18 ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF STATE 19 OR LOCAL GOVERNMENT. 20 (4) "ENVIRONMENTAL TOBACCO SMOKE", ALSO KNOWN AS "ETS" OR 21 "SECONDHAND SMOKE", MEANS THE COMPLEX MIXTURE FORMED FROM THE 22 ESCAPING SMOKE OF A BURNING TOBACCO PRODUCT (ALSO KNOWN AS 23 "SIDESTREAM SMOKE") AND SMOKE EXHALED BY THE SMOKER. 24 (5) "FOOD SERVICE ESTABLISHMENT" MEANS ANY INDOOR AREA OR 25 PORTION THEREOF IN WHICH THE PRINCIPAL BUSINESS IS THE SALE OF 26 FOOD FOR ON-PREMISES CONSUMPTION. THE TERM INCLUDES, WITHOUT 27 LIMITATION , RESTAURANTS, CAF~RIAS, COFFEE SHOPS, DINERS, Page 5 of 17 1 SANDWICH SHOPS , AND SHORT-ORDER CAFES. 2 (6) "INDOOR AREA" MEANS ANY ENCLOSED AREA OR PORTION 3 THEREOF . THE OPENING OF WINDOWS OR DOORS, OR THE TEMPORARY 4 REMOVAL OF WALL PANELS , DOES NOT CONVERT AN INDOOR AREA INTO AN 5 OUTDOOR AREA. 6 (7) "LOCAL AUTHORITY" MEANS A COUNTY, CITY AND COUNTY, 7 CITY, OR TOWN . t .· .. •' • • - C ( ,, ·• • • 8 (8) "PLACE OF EMPLOYMENr MEANS ANY INDOOR AREA OR 9 PORTION THEREOF UNDER THE CONTROL OF AN EMPLOYER IN WHICH 10 EMPLOYEES OF THE EMPLOYER PERFORM SERVICES FOR, OR ON BEHALF OF, 11 THE EMPLOYER. 12 (9) "PUBLIC BUILDING" MEANS ANY BUILDING OWNED OR OPERATED 13 BY: 14 (a) THE STATE, INCLUDING THE LEGISLATIVE, EXECUTIVE, AND 15 JUDICIAL BRANCHES OF STATE GOVERNMENT; 16 (b) ANY COUNTY, CITY AND COUNTY, CITY, OR TOWN, OR 17 INSTRUMENTALITY THEREOF, OR ANY OTHER POLITICAL SUBDIVISION OF 18 THE STATE, SPECIAL DISTRICT, AUTHORITY, COMMISSION , OR AGENCY; OR 19 (c) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT 20 OF STATE OR LOCAL GOVERNMENT. 21 (10) "PUBLIC MEETING" MEANS ANY MEETING OPEN TO THE PUBLIC .. 22 PURSUANT TO PART 4 OF ARTICLE 6 OF TITLE 24, C.R.S ., OR ANY OTHER 23 LAW OF THIS STATE. 24 (11) "SMOKE-FREE WORK AREA" MEANS AN INDOOR AREA IN A 25 PLACE OF EMPLOYMENT WHERE NO SMOKING OCCURS. 26 (12) "SMOKING" MEANS THE BURNING OF A LIGHTED CIGARETTE, 27 CIGAR, PIPE, OR ANY OTHER MATTER OR SUBSTANCE THAT CONTAINS Page 6 of 17 1 TOBACCO. 2 (13) "TOBACCO" MEANS CIGARETTES, CIGARS, CHEROOTS, STOGIES, 3 AND PERIQUES; GRANULATED, PLUG CUT, CRIMP CUT, READY RUBBED, AND 4 OTHER SMOKING TOBACCO; SNUFF AND SNUFF FLOUR; CAVENDISH; PLUG 5 AND TWIST TOBACCO; FINE-CUT AND OTHER CHEWING TOBACCOS; SHORTS, 6 REFUSE SCRAPS, CLIPPINGS, CUTIINGS, AND SWEEPINGS OF TOBACCO; AND 7 OTHER KINDS AND FORMS OF TOBACCO, PREPARED IN SUCH MANNER AS TO 8 BE SUITABLE FOR CHEWING OR FOR SMOKING IN A CIGARETTE, PIPE, OR 9 OTHERWISE, OR BOTH FOR CHEWING ANO SMOKING. "TOBACCO" ALSO 10 INCLUDES CLOVES AND ANY OTHER PLANT MATIER OR PRODUCT THAT IS 11 PACKAGED FOR SMOKING. 12 (1 4) "TOBACCO BUSINESS" MEANS A SOLE PROPRIETORSHIP, 13 CORPORATION, PARTNERSHIP, OR OTHER ENTERPRISE ENGAGED PRIMARILY ' .. .. • • - 0 w ~ \:_). 14 IN THE SALE, MANUFACTURE, OR PROMOTION OF TOBACCO, TOBACCO 15 PRODUCTS, OR SMOKING DEVICES OR ACCESSORIES, EITHER AT WHOLESALE 16 OR RETAIL, AND IN WHICH THE SALE, MANUFACTURE, OR PROMOTION OF 17 OTHER PRODUCTS IS MERELY INCIDENTAL. 18 (15) 'WORK AREA" MEANS AN AREA IN A PLACE OF EMPLOYMENT 19 WHERE ONE OR MORE EMPLOYEES ARE ROUTINELY ASSIGNED AND PERFORM 20 SERVICES FOR OR ON BEHALF OF THEIR EMPLOYER. 21 25-14-203. General smoking restrictions. (1) EXCEPT AS 22 PROVIDED IN SECTION 25-14-204, AND IN ORDER TO REDUCE THE LEVELS 23 OF EXPOSURE TO ENVIRONMENTAL TOBACCO SMOKE, SMOKING SHALL NOT 24 BE PERMITTED AND NO PERSON SHALL SMOKE IN ANY INDOOR AREA, 25 INCLUDING, BUT NOT LIMITED TO: 26 (a) PUBLIC MEETINGS; 27 (b) ELEVATORS; Page 7 of 17 1 (c) GOVERNMENT-OWNED OR -OPERATED MEANS OF MASS 2 TRANSPORTATION, INCLUDING, BUT NOT LIMITED TO, BUSES, VANS, AND 3 TRAINS; 4 (d) TAXICABS AND LIMOUSINES; 5 (e) GROCERY STORES; 6 (f) GYMNASIUMS; 7 (g) JURY WAITING AND DELIBERATION ROOMS; 8 (h) COURTROOMS; 9 (i) CHILD DAY CARE FACILITIES; 10 (j) HEALTH CARE FACILITIES INCLUDING HOSPITALS, HEALTH CARE 11 CLINICS , DOCTOR'S OFFICES, AND OTHER HEALTH-CARE-RELATED 12 FACILITIES ; 13 (k) (I) ANY PLACE OF EMPLOYMENT THAT IS NOT EXEMPTED . 14 (II) IN THE CASE OF EMPLOYERS OTHERWISE EXEMPTED FROM THIS 15 PART 2 , EACH SUCH EMPLOYER SHALL PROVIDE A SMOKE-FREE WORK AREA 16 FOR EVERY EMPLOYEE REQUESTING NOT TO HAVE TO BREATHE 17 ENVIRONMENTAL TOBACCO SMOKE . EVERY EMPLOYEE HAS A RIGHT TO 18 WORK IN AN AREA FREE OF ENVIRONMENTAL TOBACCO SMOKE. .... .. • ' • ( 19 20 21 22 23 24 25 26 27 0 0 (I) RESTROOMS, LOBBIES. RECEPTION AREAS, HALLWAYS, AND OTHER COMMON-USE AREAS; (m) RESTAURANTS; (n) BARS; (o) LIMITED GAMING FACILITIES; (p) INDOOR SPORTS ARENAS; (q) LOBBIES, HALLWAYS, AND OTHER COMMON AREAS IN APARTMENT BUILDINGS, CONDOMINIUMS, AND OTHER MULTIPLE-UNIT RESIDENTIAL FACILITIES; Page 8 of 17 1 (r) LOBBIES, HALLWAYS, AND OTHER COMMON AREAS IN HOTELS 2 AND MOTELS, AND IN NO LESS THAN SEVENTY-FIVE PERCENT OF THE 3 SLEEPING QUARTERS WITHIN A HOTEL OR MOTEL THAT ARE RENTED TO 4 GUESTS; 5 (s) BOWLING ALLEYS; 6 (t) BILLIARD OR POOL HALLS; 7 (u) FACILITIES IN WHICH GAMES OF CHANCE ARE CONDUCTED; 8 (v) THE COMMON AREAS OF RETIREMENT FACILITIES AND NURSING 9 HOMES, NOT INCLUDING ANY RESIDENrs PRIVATE RESIDENTIAL QUARTERS; 10 (w) PUBLIC BUILDINGS; 11 (x) AUDITORIA; 12 (y) THEATERS; 13 (z) MUSEUMS; 14 (aa) LIBRARIES; 15 (bb) TO THE EXTENT NOT OTHERWISE PROVIDED IN SECTION 16 25-1 4-103 .5, PUBLIC AND NONPUBLIC SCHOOLS ; AND 17 (cc) OTHER EDUCATIONAL AND VOCATIONAL INSTITUTIONS.' 18 25-14-204. Exceptions to smoking restrictions. (1) THIS PART 19 2 SHALL NOT APPLY TO: 20 (a) PRIVATE HOMES, PRIVATE RESIDENCES, AND PRIVATE 21 AUTOMOBILES; EXCEPT THAT THIS ARTICLE SHALL APPLY IF ANY SUCH 22 HOME , RESIDENCE. OR VEHICLE IS BEING USED FOR CHILD CARE OR DAY 23 CARE OR IF A PRIVATE VEHICLE IS BEING USED FOR THE PUBLIC 24 TRANSPORTATION OF CHILDREN OR AS PART OF HEAL TH CARE OR DAY t .. .. . , ' • • 0 • 0 CARE 25 TRANSPORTATION; 26 (b) LIMOUSINES UNDER PRIVATE HIRE; 27 (c) A HOTEL OR MOTEL ROOM RENTED TO ONE OR MORE GUESTS IF Page 9 of 17 1 THE TOTAL PERCENTAGE OF SUCH HOTEL OR MOTEL ROOMS IN SUCH HOTEL 2 OR MOTEL DOES NOT EXCEED TWENTY-FIVE PERCENT; 3 (d) ANY RETAIL TOBACCO BUSINESS; 4 (e) THE OUTDOOR AREA OF ANY BUSINESS; EXCEPT THAT THE 5 OWNER OR MANAGER OF ANY SUCH BUSINESS MAY POST SIGNS 6 PROHIBITING SMOKING IN ANY SUCH OUTDOOR AREA, WHICH SHALL HAVE 7 THE EFFECT OF MAKING THAT OUTDOOR AREA AN AREA IN WHICH SMOKING 8 IS PROHIBITED UNDER THE PROVISIONS OF THIS PART 2. 9 25-14-205. Optional prohibition. THE OWNER OR MANAGER OF 10 ANY PLACE NOT SPECIFICALLY LISTED IN SECTION 25-14-203, INCLUDING 11 A PLACE OTHERWISE EXEMPTED UNDER SECTION 25-14-204, MAY POST 12 SIGNS PROHIBITING SMOKING OR PROVIDING SMOKING AND ( NONSMOKING , 13 AREAS. SUCH POSTING SHALL HAVE THE EFFECT OF INCLUDING SUCH 14 PLACE, OR THE DESIGNATED NONSMOKING PORTION THEREOF, IN THE 15 PLACES WHERE SMOKING IS PROHIBITED OR RESTRICTED PURSUANT TO 16 THIS PART 2. 17 25-14-206. Other applicable regulations of smoking -local 18 counterpart regulations authorized. (1) THIS PART 2 SHALL NOT BE 19 INTERPRETED OR CONSTRUED TO PERMIT SMOKING WHERE IT IS 20 OTHERWISE RESTRICTED BY ANY OTHER APPLICABLE LAW. 21 22 23 24 OF (2) ALL LOCAL AUTHORITIES MAY, PURSUANT TO ARTICLE 16 OF TITLE 31 , C .R.S ., A MUNICIPAL HOME RULE CHARTER, OR ARTICLE 15 OF TITLE 30 , C .R.S ., ENACT, ADOPT, AND ENFORCE SMOKING REGULATIONS T HAT COVER THE SAME SUBJECT MATIER-AS THE VARIOUS PROVISIONS 25 THIS PART 2 . NO LOCAL AUTHORITY MAY ADOPT ANY LOCAL REGULATION 26 OF SMOKING THAT IS LESS STRINGENT THAN THE PROVISIONS OF THIS 27 PART 2. THE MUNICIPAL COURTS OR THEIR EQUIVALENT IN ANY CITY, CITY p'age 10 of 17 1 AND COUNTY, OR TOWN HAVE JURISDICTION OVER VIOLATIONS OF 2 SMOKING REGULATIONS ENACTED BY ANY CITY, CITY AND COUNTY, OR 3 TOWN UNDER THIS SECTION . ' ... • • ·• • • • '"" tJ 0 4 25-14-207. Unlawful acts· penalty. (1) IT SHALL BE UNLAWFUL C 5 FOR ANY PERSON WHO OWNS, MANAGES, OPERATES, OR OTHERWISE 6 CONTROLS THE USE OF ANY PREMISES SUBJECT TO THIS PART 2 TO VIOLATE 7 ANY PROVISION OF THIS PART 2. 8 (2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO SMOKE IN ANY 9 AREA WHERE SMOKING IS PROHIBITED PURSUANT TO THIS PART 2 . 10 (3) ANY PERSON WHO VIOLA TES THIS PART 2 IS GUil TY OF A ' CLASS 11 2 PETTY OFFENSE ANO, UPON CONVICTION THEREOF, SHALL BE PUNISHED .. 12 BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS FOR A FIRST -· 13 VIOLATION WITHIN A CALENDAR YEAR, A FINE NOT TO EXCEED THREE 14 HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A CALENDAR YEAR, 15 AND A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH 16 ADDITIONAL VIOLATION WITHIN A CALENDAR YEAR. EACH DAY OF A 17 CONTINUING VIOLATION SHALL BE DEEMED A SEPARATE VIOLATION . 18 25-14-208. Severablllty. IF ANY PROVISION OF THIS PART 2 OR 19 THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD 20 INVALID, SUCH INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR 21 APPLICATIONS OF THIS PART 2 THAT CAN BE GIVEN EFFECT WITHOUT THE 22 INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS 23 OF THIS PART 2 ARE DECLARED TO BE SEVERABLE. 24 SECTION 2. 24-34-402 (1), Colorado Revised Statutes, is 25 amended BY THE ADDITION OF A NEW PARAGRAPH to read : 26 24-34-402. Discriminatory or unfair employment practices. 27 (1) It shall be a discriminatory or unfair employment practice: Page 11 of 17 1 (i) FOR AN EMPLOYER TO RETALIATE AGAINST OR DISCHARGE ANY 2 EMPLOYEE FOR REQUESTING THAT THE PROVISIONS OF THE ·coLORADO 3 CLEAN INDOOR AIR ACr, PART 2 OF ARTICLE 14 OF TITLE 25, C .R.S., BE 4 ENFORCED, OR FOR REPORTING A VIOLATION OF SAID PROVISIONS. 5 SECTION 3. 24-34-502 (1), Colorado Revised Statutes, is 6 amended BY THE ADDITION OF A NEW PARAGRAPH to read : 7 24-34-502. Unfair housing practices prohibited. (1) It shall be 8 an unfair housing practice and unlawful and hereby prohibited : 0 9 (k) FOR ANY PERSON TO REFUSE TO SHOW, SELL, TRANSFER, RENT , • • • 10 LEASE, OR OTHERWISE MAKE UNAVAILABLE, DENY, OR WITHHOLD FROM ( 11 ANY PERSON HOUSING IN RETALIATION AGAINST ANY PERSON FOR 12 REQUESTING THAT THE PROVISIONS OF THE ·coLORADO CLEAN INDOOR ·• • • \ ----. t_j. 13 AIR ACT", PART 2 OF ARTICLE 14 OF TITLE 25, C.R.S ., BE ENFORCED, OR 14 FOR REPORTING A VIOLATION OF SAID PROVISIONS . 15 SECTION 4. 24-34-601, Colorado Revised Statutes, Is amended 16 BY THE ADDITION OF A NEW SUBSECTION to read: 17 24-34-601. Discrimination In places of public accommodation. 18 (4) IT IS A DISCRIMINATORY PRACTICE AND UNLAWFUL FOR ANY PERSON, 19 DIRECTLY OR INDIRECTLY, TO REFUSE, WITHHOLD FROM, OR DENY TO AN 20 INDIVIDUAL THE FULL AND EQUAL ENJOYMENT OF THE GOODS, SERVICES, 21 FACILITIES, PRIVILEGES, ADVANTAGES, OR ACCOMMODATIONS OF A PLACE 22 OF PUBLIC ACCOMMODATION FOR REQUESTING THAT THE PROVISIONS OF 23 THE "COLORADO CLEAN INDOOR AIR ACT", PART 2 OF ARTICLE 14 OF 24 TITLE 25, C.R .S ., BE ENFORCED, OR FOR REPORTING A VIOLATION OF SAID 25 PROVISIONS . 26 SECTION 5. Repeal. 25-14-101, Colorado Revised Statutes, is 27 repealed as follows: Page 12 of 17 1 25-14-101. Legislative declaration. The geRer:al a&&emhly 2 t:lerehy 8e&lares tt:lat tt:le smekiRg ef teha688 er aRy ett:ler plaRt er wee8 3 1:1R8er GerlalR 68R8itieR& is a matter ef p1:1hlis 68R68m aR8 tt:lat iR ereer ta 4 pretest tt:le p1:1hlis t:lealtt:I, safety, aREI welfare it is R86866ar:y te 68Rtfel &1:161:1 5 smekiRg iR serlaiR p1:1hli6 pla&e&. . 6 SECTION 6. Repeal. 25-14-102, Colorado Revised Statutes, is 7 repealed as follows: 8 25-14-102. Definitions. ,JI,& 1:1&&8 iR 11:11& aftisle, 1:1Rless tt:le 68Rte*1 9 ett:lew,ise reE11:1ire6 : 10 (1) "P1:1hlis meetiRg" meaR& aRy meetiRg reE11:1ireEI ta he epeR ta lt:le 11 p1:1hlis p1:1rs1:1aRt ta part 4 ef artisle & ef litle 24, C.R.S . 12 (2) "P1:1hlis plase• meaR& aRy eRsle&e8, iREleer area 1:1688 hy tt:le 13 geReral p1:1hlis ar serviRg as a plase ef werk iRsl1:18iRg, h1:1t Rat limite8 te, 14 resla1:1r:aRt&, relail stares , att:ler semmeFGial eslahlist:lmeRt&, geveFRmeRlal 15 affise&, waitiRg reams af t:lealtt:I &are prefe&&iaRal&, p1:1hli& 68R'i.'eyaRae&, 16 e91:1satieRal fasilitie6, t:lespilal&, RYr&iRg t:lemes, a1:18iteri1:1ms, areRa6, 17 assemhly aR8 meetiRg reams, aR8 rest reems, h1:1t tt:le te~ 8886 Rat iR611:18e 18 eRslaseEI effises as&1:1pie8 e1<sl1:1sively hy 6mekers, e,..eR tl'le1:1gt:1 &1:161:1 19 affises may he ·1isite8 hy R8R&mekers . 20 (3) "SmekiRg" meaR& tt:le &affYiRg ef a ligt:lte8 pipe, ligt:ltea sigar, 21 ar ligt:lte8 sigarelte ef aRy kiR8 aR8 iR&l1:1ae6 tt:le ligt:ltiRg ef a pipe. 6igar, er 22 sigarette ef aRy kiR8 . ' .. ,• • • ( ·• • • 23 SECTION 7. Repeal. 25-14-103, Colorado Revised Statutes, is 24 repealed as follows : 25 25-14-103. Smoking prohibited in certain public places. 26 (1) exGept as etl'leFV:ise pre>:ieee iR tl'lis sw0se6tieR (1 ), &R'18kiRg is 27 prel'li0itee iR tl'le fellewiRg pw01is pla88&: Page 13 of 17 1 (a) ilevateFS, FRwsewFR&, galleFies, aAe li0FaFies ef aRy 2 esta01isl'IFReAt eeiAg 0wsiAess witl'I tl'le geAeFal pw01is; 3 (9) (I) J\JI l'lespital elevatef6 aAe seffieef6 aAe t.tmeFeveF 4 seFR0wsti0le swpplies eF FRateFials aFe stared aAe '-"*lereveF flaFRFRa0le 5 liE1Wi86 8F gases 8F 811)'!J8A is &t8F99 8F iA W68 iA tl'le 1'186pital. IA aeeitieA ta 6 tl'le speGifis prel'li0itieA& preYieee iA tl'lis sw0pai:agi:apl'I (I), l'lespitals sl'lall: 7 (A) J\Jl&W all patieAt&, pFieF ta ele&ti•:e aeFRiHieA, ta 61:ieese te 0e 8 iA a A8 6FR8kiRg patieAt F88FR aAG, \Wl8A p86&ilille, a668FRFR8date 6W61'1 9 reqY86tr 1 O (Iii) Prel'li0it eFRpleyees ffeFR &FRekiRg iR patieRt F88FR&; 11 (C) ReEtwire tl'lat visitaFS e0taiR e11pFe&s appre•.•al ffeFR all patieAt& 12 iA a patieAt F88FR pFieF ta 6FR8kiAg . 13 (II) J\JI areas ef a l'lespital Rat spesifisally refeFFee te iA tl'lis 14 pai:agrapl'I (Iii) sl'lall lile 68A&ieeree &FRekiAg areas wAle66 p86tee etl'leFwise. 15 (Ill) ~letl'liAg iA tl'li& 686ti8A &l'lall prel'lililit a l'l86pital ~8FR 9aAAiAg 16 6FR8kiAg 8A all eF paFt ef its f;IF8FRl&e&. 17 (IV) Ne etl'leF restFi6tieA& pre•:ieee iA tl'lis aFti61e sl'lall apply ta 18 l'lespitals lieeA&N pwFSwaAt te aFti61e 3 ef tl'lis title eF l'leleiAg a valid 19 seFtifisate ef 88FRpliaA88 pWF6WaRt ta &eetieA 25 1.5 1Q3 (1) (a) (II). 20 (s) WaitiAg F88FR& aAe FReetiRg reeFR& lesatee iA all 0wileiA9& 21 ewAee eF epei:atee 0y tl'le e11eswti 1:e aAe jwei6ial lili:aA&l'les ef geveFRFReAt ef 22 tl'le state ef Celeraee eF aAy pelitisal sw0eivisieA tl'lefi9ef e11sept IA areas 23 eesigAatee feF &FRekiAg; 24 (9) ft.Ry lilWilGiAg W689 8F ee&igAeG pfiFAafily feF tl'le pwi:pe&e ef 25 e111'1i0itiRg aAy FRetieA pistwre, stage GFaFAa , lestwre, FRW&isal re6ital, er 26 etl'ler swsl'I perfeFFAaA68 'IA-leAe¥er epeA ta tl'le pw01is; e11eept tt:lat , WAies& 27 etl'lerw ise prel'lililitee 0y lesal ereiAaAee er regwlatieA , &FRekiAg sl'lall lile Page 14 of 17 1 all8'¥89 iR aR area 68FRFR8Aly refeFJee ta as a lelillily if swsl'l lelilby ie 2 reaseAa0ly separated ffeFR tl'le spestater area aAe iA ee&i9Aalee aeatiA9 3 areas ef me·:iAg pistwre tl'leatef6 wl'lere V41AtilatieA is aeelilwate 18 a&Aie\18 4 tl'le pwi:peses ef tl'li& aFtisle . Tl'lis prel'lililitieA applies alse te eAQle1ee 5 speFtiAg aFeAa&. ' • • 0 0 6 (e) Pwblis tr:aAspertatieA \f&Risles wReA epeA te tRe pwblis, e11sept 7 iA ElesigAateEI smekiAg ar-eas. 8 (f) RepealeEI . 9 (2) Res&awr:aAts aAEI &a¥9FR& ar-e Aet awbjeet te tl:ie spesifis 10 preRibitieAS ef tRi& aFtisle , bwt F9S&aWFaAt6 aAEI &a\f9FRS ar-e 9A68WFageEI, 11 'M'9A9'J9F peasible, te seat A8RSFR8k9F& iA aA ar-ea ar.wy freFR SFR8k8F&. AAy 12 pwblis plase wReFe feea is selEI er seNeEI aAEI iA v.11:iisl:i Aeitl:ier a smekiAg 13 A8F a A8A&FRekiAg aFea is ElesigAateEI &Rall peat a sigA iR a 68R&piswewe 14 plaee at 8F iA&IEle its 9RtFaR69 iRElisatiAg \'IR9t1'19F 8F R8t pF8¥i&i8RS Ra ... e 15 899A FRaEle feF A8R6FR8k8F&. 16 (3) The 8WA9F, FRaRageF, eF aRy peFSeA iR 61:iaF9e ef a p1:1blis plaee 17 spesifieEI iR S1:1869sti8R (1) 8f tl:iis 68GtieR &Rall 68Rtrel SFR8kiRg 18 t1:irewgRe1:1t swsl:i pwblis plase by pestiRg sigRs 'IIRisl:i slaa~ ElesigRate 19 R8RSFR8kiRg aAEI, \t.lR9F9 pre·AEleEI, SFR8kiRg aF&a&. 81:161'1 sigA& &Rall be 20 e11plisit aREI 68R&piswe1:1s, bl:lt tl:ie weFEIIRg, sia, 8818F, ElesigR, aREI plase 8f 21 pestiRg &Rall 88 at tl:ie Ell&6F9ti8R 8f tl:ie 8WAeF, FRaRageF, 8F peF&8R iR 22 Gl:ia,ge. 23 (4) These iR sRaF9e ef effiees aAEI 68FRFReF6ial es&ablisRFR&Rt& tl:iat 24 pre·AEle eFRpleyFReRt fer tl:ie geAer:al pwblis aF& eR681:1r:ageEI te ElesigRate 25 R8R&FRekiRg ar-eas tl:iat ar-e ptlysisal!r sepaFateEI freFR tl:ie werkiRg 26 eAviFGRFReRts vA:leF8 etJ:ler eRlpleyees &FReke. livery effeFt &Rall be FRaEle 27 te pFG•AEle a sepaFate ar-ea fer A8RSFR8keFS iR eFRpleyee lewRges aREI Page 15 of 17 1 safeterias . 2 SECTION 8. Repeal. 25-14-103.7, Colorado Revised Statutes, is 3 repealed as follows : 4 25-14-103.7. Control of smoking In state legislative bulldlnp. 5 (1) li11sept as previEleEI iR s1:1bsestieR (2) ef tl:iis sestieR, &FRekiRg la 6 preRibiteEI iA all s&ate legislati\'e ewilEliRgs. 7 (2) Ttle legislati,..e 68WR&il 6F8ateEI by sestieR ll.12.1, C.R.S., er 8 its ElesigAee : 9 (a) May ElesigAate ar-eas IA legislati\'e llwilEliRgs \tJReF& sFRekiRg is 1 O peFR1itteEI ; 11 (e) Stlall 68A&iEler prepesals te F&ElesigRate aRy aF&a ElesigRateEI ae 12 a sR1ekiAg area pwF&waRt te par:agFaptl (a) et tl:iia swbse6*i8A< (2); 13 (s) Stlall es&ablistl a &FRekiAg pelisy fer etfiee spaee vJitl:iiR 14 legislali\'e bwikliRg&; a"EI 15 (El) Stlall eR&wre tl:iat sigR& aF& pesteEI tl:iat eleafty Eleai9Rale 16 A8A&Rlek1Rg aAEI &FRaklR9 aF&a&. ' ., .. • • ( ·• • 0 17 (3 ) ~letwitl:islaAeiAg tRe pFe'li&ieRs ef tRis seslieR , tRe 68Alml eF 18 limitatieR ef smekiRg iA tRe 6t:lambeF&, aRte&RambeF&, oommillee Feem& 19 af tRe seAate aRe tRe Re1.1se af FepFe&eAlati•,•es, aAe effiee spaee assigRee 20 te aAe 866Ypiee by legislateF& &Rall be ge'leFAee by tRe pFe'lisieAs ef 21 &e6ti8R ~ (1 .5), C.R .S. 22 (4 ) As 1.1688 iA tRis se61ieR, YRless IRe 68Rtellt 8IR8F\VIS8 FeEIYiFe&: 23 (21 ) "begislati'le bYileiAg" IR8aR& aRy bYileiAg WRi6R is 8WF188 8F 24 epeFatee by tRe legislatl'le bFaASR aRe vJt:li6R is YR&eF IRe eiFeslieA aRe 25 68AtF81 ef &Y6R bFaR&R . 26 (b) "SmekiRg" &Rall Ra'le tRe same meaRiAg as set feFIR iA se6tieA 27 25 14 102 (3). Page 16 of 17 1 SECTION 9. Repeal. 25-14-104 , Colorado Revised Statutes, is 2 repealed as follows : 3 25-14-~04. Optional prohibition. The ewReF eF maAageF ef a 4 pYbli6 plaee etR8F tRaA eRe spe6ifisally pFevieee iA seslieA 25 14 1 g3 ( 1) 5 FAaY pe&t, at Ri& ei&&FetieR, sigA& PF8RibitiRg smekiAg eF pF8•1ieiAg smekiRg 6 aAe ReR&mekiRg aFea&. SY&R pe&tiRg &Rall Ra¥8 IRe effe61 af iA&IY&iAg &Y6R 7 p1.1blis plaee iR tRe p1.1blis plaees ·NReFe smekiAg is pF8Ribitee eF Fe&lfi&lee 8 PYF&YaRt te &86tieR 25 14 103 (1 ). 9 SECTION 10. Repeal. 25-14-105, Colorado Revised Statutes, is 1 O repealed as follows: 11 25-14-105. Local regulations. Nell:iiAg iA 11:ii& ar:tisle &Rall 12 flF8'1.'8Rt aRy teWFI , sity, eF sily aAe 68YRI)', Aer aAy 68YAty ·llilRiFI 11:ie 13 YRiA68FpeFatee aFea& 11:ieFeef, frem FegYlatiAg smekiAg; aAe &YSR 68YRty, 14 teWR, sity, er sity aRe se1.1Rty is R8Feby e!IJ)ressly a1.11ReriHe ta aeept 15 eFeiRaRee& embeeyiRg &YQR FegYlatieRs . ',"JR8F8 &Y&R FegYlatieR& aFe 16 aeeptee eR tRe lesal level as a1.1tReFii!ee iR 11:iis seslieR, tRe lesal 17 reg1,1latieR& &Rall 68Fllml ta tRe ellteRt ef aRy iR88A&isteR6)' betvieeR tRem 18 aR& tRi& afti6l8 . 19 SECTION 11 . Repeal. 2-2-404 (1.5), Colorado Revised Statutes , 20 is repealed as follows : 21 2-2-404 . Legislative rules. (1 .5) SmekiRg iR tRe slate sapitel aRe 22 etReF legislati'le bYileiRg& sl:iall be ge¥emee by seslieR 25 14 103 .7, 23 C.R.S.; e116ept tRat tRe seRate aRe tRe Re1.1se af FepFe&eRlati'.'e& easR Ras tRe 24 e11sl1.1sive a1.1tReFity te aeept FYies er jeiRt FYies, er betR, geveFAiRg tRe 25 eeRtrel eF limilatieR ef smekiRg IA IReir Fe&pe6li¥e &RambeF&, 26 aRtesRambeF&, semmiltee reems, aRe effiee spaee a&&igRee te aRe 27 ess1.1piee by legislaleF&. Page 17 of 17 1 SECTION 12. Effective date· appllcablllty. This act shall take 2 effect July 1 . 2005 , and shall apply to acts occurring on or after said date . ' .. i • • 3 SECTION 13. Safety clause. The general assembly hereby finds, 4 determines, and declares that this act is necessary for the immediate 5 preservation of the public peace, health, and safety. t • • Statewide Poll Indicates Broad Support For Smoke Free Law 66% of Coloradoan, Surveyed Belie11e Second Hand Smoke Should Be Eliminated. DENVER -The American Cancer Society announced today the results of a statewide poll indicating that 66% of Colorado's registered voters favor the elimination of second hand smoke from indoor public and work-places, including restaurants, bars and casinos. Additionally, 76% of voters polled believe second hand smoke is harmful to people's health. Here are the breakdowns In favor or SB 207: 65% of Republican voters 72% of Democrat voters 62% of Independent voters Other survey flndings include: ./ 62% or those descrlblng themselves as conservative support the measure, as do 66% or moderates, and 75% or self-described liberals. ./ 70% or Colorado's 53 rural county's voten polled support Senate Bill '1H7, at a rate or 69% on the Western Slope and 66% ID non-Denver Metro eastern slope counties. ./ 64 % or voten polled ID the combined area of Larimer, Weld, El Paso and Pueblo counties support Senate Bill '1H7 ./ 66% of voten poUed ID the 7-County Metro Denver area support Senate Bill '1H7 ./ 65 % or Denver & Boulder County voten polled support Senate Bill '1H7 ./ 67 % of the 5 Suburban Metro Denver counties 111pport Senate Bill '1H7 ./ 71 % of voten polled ID communities with existla& comprehelllllive smoke free o.rdinances support Senate Bill 207; 65% or th0&e polled ID remalniq communities support Senate Bill '1H7 The survey of 502 active registered voters throughout Colorado was conducted from 4/05/05- 4/10/05 by Harstad Strategic Research, Inc. The poll has a maigin of error of+/· 4.4%. t • • -- .. . . .. 0. • . . -.·4 . . . . ·.; ...• . . . . . . ..•• I •• . t : . • • . , !' ·~ . . ~· ' • -. . , . . . :· . . • •• • . . • : ~ ~-; _r:,. .• : .. ·: •· . ' • • .·: .. ":'., ................. • ·, .... ·' ··i':-~: ~-·. << :-.-:: · .. ' ' . .~ : . .._.____._.-~-- 66% of Coloradoans Favor a State Law To Prohibit All Indoor Public Smoking in Workplaces, Restaurants, Bars, and Casinos Strongly oppose Mildly oppose Mildly favor , ~ HARSTAD STRATEGIC r:::::=: RESEARCH , INC. 66% Favor smoking law Ii~ ' /, • -I~' \.. \ ''.t' f '-., ;!: , • ' • :. l \ r hll) ~ . • ·, .\. • ' i ~ 0 0 5 • 0 ·• • • • . . . . . .. · ... • ' .J .. ,· I .• . . .. : . : . ' . . . ·. . . . . .. .,. . . . . . . . : . . ·. . . ~-.:> . . >~ .. : ·: : . . • •• ·... .... • , ' ,. . • 1.· • \, . . . . .. : ' -; ·: :~· '~'· .. " .~~_, .. ·. ' . Support for an Indoor Public Smoking Law Is Non-Partisan and Strong Statewide All Colorado Voters Party Registration Republicans Independents Democrats Statewide 7 Denver metro counties Eastern Colorado * Western Slope • Favor smoking law •Oppose L____ HARSTAD STRATEGIC * Eastern Colorado, e ,;,.i"~ -, JI .t·, Arnunq 'i02 Voters 't•" S!.1t, .•,1tl1· 1r1 C'()lor,H1o t::::::: RESEARCH , INC. the 7 Denver metro t,I I "· · A 1111 ', 'll 2005 . ' • - .. . : ., . . .. . - .. ..._ ... /· \, Coloradoans Overwhelmingly Consider Exposure to Second-Hand Smoke To Be Harmful Not at all harmful Just somewha harmful ~ HARSTAD STRATEGIC ~ RESEARCH , INC. How harmful do you feel that exposure to second-hand cigarette smoking is to people's health? 76°/o Very + Fairly Harmful . Survey Among 502 Voters \ Statewide in Colorado A ril 5-10, 2005 ( Only a little • . : ., . . . ,~ . t ' ' --,... . .J \, Two-Thirds of Coloradoans Find Exposure to Second-Hand Smoke To Be Bothersome How much does it bother you when you are exposed to other people's cigarette smoke? 67°/o Bothers a lot + fair amount l__,. HARSTAD STRATEGIC ., Survey Among 502 Voters · · Statewide in Colorado ~ RESEARCH , INC. . A ril 5-10, 2005 ·• . • .. . ; ., . .· ... . ,~ .· . . . . , . :· . . . I I ' ' -- ,,._ .. I I ( \ ! .. __ _) 0 . .J \, Coloradoans Would Tend To Go To Restaurants, Bars, and Casinos More Often if They Were Smoke-free Smoke-free restaurants Smoke-free bars Smoke-free casinos • More often ~ HARST AD STRATE GIC ~ RESEA RCH, INC. - D Same amount • Less often More + Same l-.~. Survey Among 502 Voters • St.1tew1de in Colorado •.' A rtl 5-10 2005 ( April 13, 2005 VIA FAX AND REGULAR IIAIL Dan Brotzman, City Attorney City of Englewood Dear Dan: Brownstein I Hyatt I 410 Seventeonlh Street T....,ty-Setond Roar C>erwe<. Colorado 80202-4437 bhf·l-.com C.a,otynne C. White Allomey ill Law T 303.223. t t 87 F 303.223.0887 c:whileObhf-law.com Thank you for your letter of April 5, 2005 , continuing our ongoing discussions regarding settlement of the use tax incentive dispute between the Sports Authority and the City . I write to let you know that the Sports Authority would like to agree to the current proposal, which I understand to be as follows : 1. The City will pay to the Sports Authority S132,000, as a good faith gesture in settlement of the spirit and intent of the use tax agreements, as soon as practlc:able . 2 . There will be no cap on the amount of use tax reimtusable for the remaining term(s) of the use tax agreements . 3. The Sports Authority will not request any further~ from the City . I trust this is in conformance with your understanding of the Agreement. Please give me a call at your convenience to discuss, and if it is in conformm,ce, to ai.o dlscuu the best way to memorialize this agreement . cc : Nesa Hassanein Steve Farber 981111\908100.1 .,_...,, tt,ett I PWNf, 11\C. °""-Cobado T 303m.1100 F 303 m 11 t 1 Wa.i,,,,g,o,, 0 C T ~ 21111 7353 F ~ 21111 ?00II ~v.~ c.-ac1o r 8109"1&!>302 F 8'1031M29l • • ·• • • I~ I \ lJ --·, ·. . ... --. ---.. . . •· ' • ·• . • • ,~ I I \ 1 L~ • ---------- ------ ------ /0;./,, ------ ------~- • • • ·• • • • (··-,.,_..., J \ ' ;_ -...-/ 1. Call to order ___ p.m. 2 . Invocation _____ _ 3. Pledge of Aleglance ___ _ 4. Aolcal I) • • • ( 1. 2. AGENDA FOR THE REGULAR MEETING OF THf ENGLEWOOD CITY COUNCIL MONDAY, MAY 2, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to°'""· {J:3 f £ Invocation. ~ (J. 3. Pledge of Allegiance . 4. Roll Call . (J)}_ 1 5. Consideration of Minutes of Previous Session . ,. Mtn,tes from the"'"''" ~~I 18, 2005 . 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. The City of Englewood's Web site team will unveil the City's new Web site . ~ fttter <:om Denis Sc~um ~nnounci~signation from the Planning and Zoning ~omm1ss1on .~ tif)JJifl-rJclamation naming Orris Saunders as Englewood's Citizen of the Year for 2005~ 9. Co ns ent Ag enda Items . a . Approval of Ordinances on First Reading . .,;e- Please note: If you have a disability and need auxiliary aids or services , please notify the City of Englewood (3 03 -7 6 2-2 407 ) at least 48 hours in advance of when services are needed. Thank ou. ' • • ·• Cngl wood C1 1y Council Agenda M.i y 2, 2005 p~ ,. 2 b fJ2tll6 i. Council 8111 o . 10 authorizing the execution of an Intergovernmental Agreement with Arapahoe Community College for the Area Career and Technical School for the school year 2005/2006 to construct a single-family residence al 2350 South Zuni Street. (j)J/l l!t ii. 1)2//1-_fl iii. Council Bill No. 11 authorizing the sale of 23 77 West Wesley Avenue in Englewood . Council Bill No. 12 approving the Intergovernmental Agreement (IGA) between he City of Englewood and the Arapahoe County School District No. 1 for the MS4 Storm Water Permit. c. Resolutions and Motions. i . Recommendation from the Litdeton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion a contract for cleaning of the Li ttleton/Englewood Wastewater Treatment Plant (L/E WWTP) anaerobic digesters . The Committee recommends awarding the contract lo the low bidder, Liquid Waste Management, in the amount of $67,100 . STAFF SOURCE: Stewart H. foncb, Utilities Direct, and Jim Tallent, Operations Division Manager. 10. Public Hearing Item s. (No Public Hearing Scheduled.) y l l . Ordinan es, Reso lutions and Motions. Approval of Ordinances on First Reading . 11 . ouncil Bill o . 13 -Recommen ittleton/Englewood Wastewater Treatment Plant to adop t a bill for an ordinance approving the agreem.ent with V lley Sani tation District for realignment of the Valley Sanitation District sewer line { ,t I I a ~ ~astew~ T:ea.r;e: Plan~ SOURCE: Stewart H. Fonda, Director '( 'ff vv Ut1hlles. /~ ~..__- b . Approval of Ordinances on Second Reading . ff c . Resol~nd Motions. Plea e nole : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 03-762 -2407) al leas I 48 hours in advance of when services are needed. Thank you. ' • • Englewood City Council Agenda May 2, 2005 Page 3 12 . General D iscussion : {pq} ~ a. Mayor's Choice. (Y b. ~i. 13 . City Manager's Report. • Alliance for Commerce in Englewood meeting of March 10, 2005. • Board of Adjustment and Appeals meeting of February 9, 2005. · • Code Enforcement Advisory Committee meeting of March 16, 2005. • Keep Englewood Beautiful Commission meeting of March 8, 2005. • Liquor Licensing Authority Telephone Poll of March 16, 2005. • Parks and Recreation Commission meeting of March 10, 2005. • Planning and Zoning Commission meeting of April 5, 2005. • Transportation Advisory Committee meeting of March 10, 2005. :Al; ' Please no te : If you have a disability and need auxiliary aids or services, ple.ise notify the Cily of Enslewood (3 03 ·762·2 407) at least 48 hours in advance of when services are n~ed. Turi