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HomeMy WebLinkAbout2005-05-16 (Regular) Meeting Agenda Packet·• • • .. . : ., . ( ... • · .. ~ ... ·, .. -~ . ..... . . . . ' . , .. . ' ·· .. • Regular City Council Meeting May 16, 2005 Ordinance II y 19, 20, 21, 22, 23, 24, 25, Resolution~ ~47, 48, 49, 50, 51, 52 26, 27 / t.. ' a ' • r ' I • ' .J . \, • • .. 0 . • . I-, .. • • • • I. Call lo Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 16,2005 0 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :32 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3 . Pledae ol' Alleslance The Pledge of Allegiance was led by Mayor Garrett . 4 . RoUCaU Present: Absent : A quorum was present. Also present: Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Assistant City Manager Aaheny City Clerk Ellis Director Olson, Safety Services DircclOI" Gryglewicz, Finance and Administrative Services Senior Planner Langon. Community Development Senior Planner Graham, Community Development DircclOI" Fonda. Utilities Director Long, Library Fire Battalion Chief Fox, Safety Services Police Lieutenant Sanchez, Safety Services 5. Consideration of M lnutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 2, 2005. Mayor Garrett asked if there we re any correcti ons. There were none . Vote results: Ayes : Nays : Motion carried . Council Members Barrcncine , Moore, Bradshaw, Garrett, Wolosyn , Woodward, Tomasso None 6 . Recognition of Scheduled Public Comment ' • • Enpewoo,J City Counc:11 May 16,2005 Pag~2 (J (a) Rcprcscmatives from the Colorado Humane Society were present to thank Department of Safety Services Police Detectives Scott Black and Jan Ball for their efforts in the investigation leading to the recent convic tion of an animal abuser. Mary Warren said I'm the Director of the Colorado Humane Society. This is an evening to say thank you . You two arc the most special, special people. We honor you. You know, there were five police agencies that worked together and the cooperation, the compassion that led to conviction was amazing. The world watched as you all did it right and it has made a difference in animal welfare. It has made a difference for people too, because I truly believe that Ryan Turtura was on a path to harm people and he said in the trial that that was next. You arc awesome. We appreciate you. We know how difficult it was for you to come in and learn how to run a shelter. And it was tough, but you did a wonderful, wonderful job. We appreciate you so wry, very much. There was applause. Ms. Warren said we arc in our second decade, well into our second decade. of being part of the City of Englewood. It is amazing to me to watch you ... Mr. Scars, Mr. Flaherty, Chief Olson ... the people that you put in place arc warm and friendly and professional and I am very, very proud to be part of this City and what this City stands for and what we all do together. The first quarter of this year there were 900 instances of people visiting the animal shelter and walking dogs ... 400 people walked dogs 900 times. You know that little teeny, tiny shelter that ... wc always say ... is the shelter that smells worse on the outside than the inside, based on where we arc ... but 900 times people have come in and been part of who we are. It is an amazing part of the community. Our volunteers arc tremendously supportive. They love being part of who we arc . Thank you for allowing us to share being a part of you. We appreciate you. Mayor Garrett said thank you ... congratulations. There was applause. 7 . Recognition or Unscbedu!N Public Comment There were no unscheduled visitors. 8 . There were no communications, proclamations or appointments. 9 . CODRntApnda (a) Approval of Ordinances on First Reading There were no additional items s ubmitted for approval on first reading. (Sec Agenda Item 11 .) (b) Ap proval of Ordinances on Second Reading T here were no additional ite ms s ubm itted for a pprova l o n second reading. (Sec Agenda Item 11 .) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (I), {U) and (HI) (c) Resol ut ions a nd Motio ns (i) The purchase of licensing and hosting services for Dalasueam 7i in the amount of $63,41 5 .00. (ii) T he purchase of o ne, new Sa niw y Sewe r Flusher Truck from Will iams Equipment. in the amount of SI 15.875.00. (iii) The approva l of July 23, 2005 as a citywide public sidewalk cvcnc . Vok results: Ayes: Council Members Barrent ine, Moore. Bradshaw. Garrett. Wololyn. ' ... .. • • Englewood City CouncU May 16,2005 Page3 Nays : Motion carried . 10. Public Hearing lteDL'i Woodward, Tomasso None ... • • G (a) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No . 14, approving amendments pertaining to 16-6--6 : Fences, Walls and Visual Barriers of the Englewood Municipal Code . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 14, APPROVING AMENDMENTS PERTAINING TO 16-6-6: FENCES, WALLS AND VISUAL BARRIERS OF THE ENGLEWOOD MUNICIPAL CODE. Ayes : Council Members Barrenlinc, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Mo1ion carried and the public hearing opened . Senior Planner Langon, duly sworn, said for your consideralion this evening is Council Bill No. 14, amendments 10 the Unified Development Code pertaining to Section 16-6--6: Fences, Walls and Visual Barriers. I have already submined 10 the City Clerk no1ice of the Public Hearing that appeared in the Englewood Herald on May 6, 2005. You have already reviewed this at the Council Study Sessions in March and first reading was on May 2"", the fencing regulations are part of the reformatting in Phase 2 of the Unified Devclopmenl Code. The Planning and Zoning Commission reviewed these amendment changes and updates 10 the Code at multiple Study Sessions over the pasl year . The Commission focused on clarifying and simplifying the existing regulations as part of the Phase 2 UDC projccl. The proposed amendments provide some conformity and consistency in language so that like sections arc staled the same way and are in a similar format as in other portions of the Code. We have clarified and simplified some language. We have separated out retaining walls and fences so that they are two separate sections now ... basically jusl simplified the ordinance . At Council's pleasure I can go through each item or if you have questions, I would be happy to address .them . Mayor Garrett asked if there were questions for Ms . Langon . Council Member Tomasso said on ilcm C it says "maintenance : all fences and retaining walls should be kept in a slate of good repair ." He said how will that be ascertained? Ms . Langon said that will be Code Enforcements Job ... so if it is falling down . there are broken boards or the chain link that isn'I conncctcd ... it is kind of on a case by case basis . h was difficult 10 write something in there that would address everything. Mr . Tomasso said I just wondered how the slate of "good repair" would be determined ... wha1 standards would be used? He said I was just c urious . Council Member Woodward said on Page 12 , number I "the sepa1311ion between post pillars shall be a minimum of 5 fee1." At a corner where there happens to be a post 5 feet from the long group of posts and then you hit the corner al 2 feel. that i s1ill okay. corrcc1? M . Langon said I think we have to look at situations like that. If it . structurally, 1 001 goi ng to be a so und fence, I 1hink wc can look at those things. but typically the idea was to keep the posts scparaled ~ 1ha1 suddenly you don't have; a mass of posts. because pillars or posts can be taller than the fence . And , 1f people were 1aning 10 bring lhosc togc1her, height would start 10 creep . Mr. Woodward said okay. He said the onl other question I have, and I brought it up in Study Session. was where wc keep referring to the replacement of more 1han 16 feet of existing fence . I guess I want your assurance that 16 feet . is clearly 16 linear feet and doesn 't gc1 confused wilh 16 square feel or something like that. M . Langon said it would be linear feet. because everything 1 mea urcd on a linear basis . We could certainly insert that word. I guess it ll'Ould be up 10 Mr. Brotzman whether that llould be enough to take it forward ... republish or just to include that one word . Mr . Woodward said if you feel 1ha1 everybody feels clearly 1ha1 it is linear feet ... maybe I am just being real anal about it, became when I see feet, I usually 1hing square feet because of the type of ll'Ol'k rve done . M . Langon said I think in relation to a fence, because )OU are doing a measurement of length , I'm omfortable ,..ith it Mr. Woodward said oby. ' ·' • • Englewood City Council May 16,2005 Pagc4 ·• • Council Member Tomasso said how often can you replace the 16 linear feet. every week? Is there a time limit? Ms. Langon said that is something the Planning Commission discussed and there is no limit. Mr. Tomasso said one weekend 16 feet. the next weekend 16 feet? Ms. Langon said that is one of the flaws in that, yes . Council Member Bradshaw said on page 12, under Design and Location number 4 ... ''all fences shall be located on the owner's property, but no closer than I foot behind any public sidewalk." TI-.cre are ceruain sidewalks in our community that make that very difficult for anyone to walk on. We were talking about that with Hollywood sidewalks, if somebody has a truck and there is a mirror hanging out, you are going to be right up against the fence or you are going to have to duck under the mirror or something like that. Did the Planning & Zoning Commission discuss that at all? Ms. Langon said the distance factor was actually at the request of the Public Works Department and even though, aesthetically, you may have an area ... and Mayor Garrett brought this up previously ... aesthetically you may have an area of that I foot that could be a problem area. The reason that it is at least a minimum of I foot. .. is so that if the sidewalk needed to be replaced, there would be room to put in forms and repair the sidewalk. I don't think the Commission looked at whether there was someone parking on the sidewalk. There are many sidewalks in the City that are only two and a half foot wide and that, again, was why the I foot was just a minimum distance. Council Member Bradshaw said but then that becomes a maintenance headache if there is that l foot that is IIOl behind a fence and that ends up being a weed patch, usually. Ms. Langon said correct. Ms. Bradshaw said but I have seen people resolve that with flagstone. Ms. Langon said right and that is what we would encourage people to do. That area is generally within the public right-of-way and under the authority of Public Works to determine how close the fence or the wall could be to the sidewalk. Again, it's more of a practical or technical reason that it is separated . Ms. Bradshaw said so taking that a step further ... if a resident had put flagstone there and then their sidewalk needed to be repaired, the City would have to replace the flagstone? Ms. Langon said, hopefully, it would be able m be removed without damage. Ms. Bradshaw said but it wouldn't be the resident's responsibility to put the flagstone back? Ms. Langon said it would be. Mayor Garrett said because it is in the casement. Mayor Garrett asked if there were any more questions for Ms. Langon. Mayor Garrett said I have one on the same topic . If it is in the front setback. the fence height is limited to three feet? Ms. Langon said three feet if it is a solid fence and four foot if it is an open fence. Mayor Garrett said whal about a retaining wall? Ms. Langon said on retaining walls there is no height limit. Ms. Bradshaw said there is no height limit? Ms. Langon said correct. Mayor Garrett said we have some properties ... and I'm thinking as you go up Hampden on the north side ... those retaining walls are right next to the sidewalk and hold blck a lot of din. So what happens to all these properties. that are non-conforming. that are all through the community? Ms. Langon said I'm sorry I didn't hear the beginning of what you said. Mayor Garrett said most people have their edging. if you will, right at the sidewalk. So they are just non-conforming. Ms. Langon said we will not be goina out looking at each retaining wall o r fence . As they would come in for review for replacement or repair that would be when we would request that they be moved back. Mr. Garrett said well if it is twenty feet of forty feet you have a problem. If it is twenty linear feet. you have to come in. because it is more than 16. but you have a 40 foot run. you have 20 feet that needs to be repaired. yo u would ha ve to move that 20 feet back ... when your other 20 feet is still conforming. Council Me mber Bradshaw said that needs to be addressed. Mr. Garrett said the infamous disconnect. as they say ... disconnect between the two . Do we still need to do an casement agreement even if it is one foot back? Ms. Langon said if it is within the public right-of-way. yes. Council Member Brad shaw said I think it was when Doug and I were first on Council. a lady came to have a wall put in o n O xford . She asked for a Council variance on that. And the reason was the shape of her property. There wa no way that she could leave that foot . because there was so much dirt that they would have to remove or they had al ready tarted the fence . or ... do you remember what that was about? Ms. Langon said I believe thal they had already in tailed It. Ms . Brad haw said oh they had already installed it and wanacd an cncroachmelll apeemelll. Can people 1111 do that? Ms . Langon said about two years ago Council chanacd it ... this is actually within the Publ•c Work t1tlc ... 10 allo-. the Director o f Public Works to address those types of encroachmelll . I dunk II was o nl y encroachments that had to do ,..,th suucturcs. that came to Council. Minor ones like this would be al die d1scret1on of the Pubhc Works Director. M . Br~w said so we grUtled that to that prop:ny . Goins back IO Doug· ex mple ... 1f 20 feet of that needs to be repaired then they have to set it back a fooc ? Ms. Langon said thal ' .. • • Enalewood City Council May 16, 2005 Pages would be the technical way of reading the ordinance, correct. Ms. Bradshaw said how could wc not read it that way? Can't we have replacement as replacement? Ms. Langon said I believe we had written it as "any portion of the wall" and again that was so thal m chose siluations where !he wall was adjacent to the sidewalk we would have that opportunity to get them moved back, so that if the sidewalk nccdcd to be repaired or replaced, in any way, then Public Works would have that room to work rather than working directly at the wall . Mayor Garren asked if there were any other questions for Ms. Langon. Council Member Bradshaw said I would like to offer some kind of amendment. Mr . Garren said wc lire in the Public Hearing now. I think we will probably do that on scconr, reading. Mayor Garren asked if there were any other questions for Ms. Langon. There were none. Mayor Garrett said no was has signed up to address us on this issue. This is the Public Hearing on fence and walls. Is there anyone here who would like to speak on this particular issue tonight? No one came forward. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 14, APPROVING AMENDMENTS PERTAINING TO 16-6-41: FENCES, WALLS AND VISUAL BARRIERS OF THE ENGLEWOOD MUNICIPAL CODE. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried and the public hearing closed. 11 . Ordinances, Resolution and Mollom (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 the propolcd "housekeeping'' amendments to Title 16: Unified Development Code of the Englewood Municipal Code and to set a public hearing date of June 6, 2005 to gathe/· input on this issue. She said, as you rccall, the Unified Development Code was adopted in February of 2004 and it was the firs! major rewrite of the zoning and subdivision regulations in alfflOIII 20 years. The Unified Developrnenl Code Project reformatted, reorganized and updated the Code and it also eslablished some new regulations for the Ciry. It was anticipaled, due to the volume of malerial, that there would be oversights and errors and that they were inevitable and we would handle those small issues through a '''housekeeping" amendment. And, that is what is before you. There are nineteen sections. The majority of them have to do with corrections of o missions. minor clarifications and consistency issues with the rest of the title. There are three areas of new material and they include : inremet sale s chat was not previously listed in the Code; permitted projections into scrbacks ... those are long standing City policies that wc have codified and then a new scction ... lapsing of approval. thar secs a 180 day lime frame for rermination of poslponcd cases. That was to prevent, basically. stale cases or title clouds on properties. If you have quesrions I would be happy lo address those. Otherwise, we rcqucsl that a Public Hearing be set for June 6"'. Mayor Garren asked if rhere were any questions. Counci l Member Tomasso said docs item 16-2-20-Historic Designation do anythina to procect the building? Ms. Langon said no, per Council 's direction rhe Hisroric Designation changes had to do with the ambiguity of the ICrlllS nominarion and application and we have addressed lhal by making ii consistenl with all other developmcnl applications wirhin rhe City. And then. the major change i moving it from Chapter 6. which is a Standards chapcer 10 the Process chaprer ... Chapter 2 . So chat is why one section is being repealed and it is being reenacted under Chaprer 2 . Mr. Tomasso said bur ii offers no protection whatsoever for hillloric structures? M . Langon said that is correct . Mr. Tomasso said does it do anything other than make statcrnenu ? M . Langon said it does allow someone who would want to have their propeny desianated u such, thar opportunity. If they did thal. their benefit would be tax crcd,1 advantage from e1thct: State or Federal agencies . Mr. Tomasso said bu1 ii offers no proleC1ion IO the ' .. • • • Englewood City Council May 16,2005 Pqe6 0 citizens of the City ... to historic buildings ... from someone that lives in Toledo and has no contact with the City whatsoever? Ms. Langon said that would be correct. Mr. Tomasso said then why do we have this in here then? Why docs it exist? Council Member Wolosyn said I would like to ask if it might be possible to remove this section and vote on it separately, since it isn't a straight forward housecleaning. It docs involve a little bit of policy change. Maybe that would help. Mayor Garrett said actually I don't feel it was a policy change. Ms. Wolosyn said actually there was a bit of ambiguity there, policy wise. It might just make it easier to vote on what is housekeeping. Council Member Bradshaw said so remove the table? Ms. Wolosyn said just address 16-2-20 separately, instead of a part of it. Ms. Bradshaw said okay. After some discussion, Mayor Garrett said if we pull it from the item wc would have to set a second Public Hearing for the same day to discuss 16-2-20 specifically. I just want to make sure if we do that, that we know what we arc doing. Ms. Bradshaw said I think we need to. Mayor Garrett asked if there were any ocher questions for Ms. Langon. Council Member Bradshaw said on 16-2-1. .. UDC, page 9 ... undcr Board of Adjustmem and Appcals ... whcn it says that "the Board shall have the power to hear and determine appeals from refusal of building permits," tell me more about that. Why would somebody ... their building permit would be refused because ... ? Ms. Langon said because they didn't want to build to the Building Code. Perhaps they were wanting to add a basement to an apartment and lhe ceiling height was less than the rcquircmem in the Code. And so they were going to go for an appeal for that. Ms. Bradshaw said okay. So it goes to the Board of Adjustmcnl and Appeals, they still have their criteria. Ms. Langon said an appeal is different than a variance. Ms. Bradshaw said okay. Ms. Langon said an appeal is to the decision of the Chief Building Official, 10 either grant or not gram. Ms. Bradshaw said so then if the buildina permit was denied and the Board said issue it, then the Chief Buildina Inspector has to issue the permit? Ms. Lanaon said that would be corm:t. Ms. Bradshaw said okay. What is the time line on that? If somebody had their buildina permit turned down, how Iona does ii take it 10 go throush the process ... is it 60 clays. 90 clays? Ms. J..anaon said probably JO 10 60 days for an appeal. City Attorney Brotzman said ii is usually set for the very next mcetin1. Ms. Bradshaw said after it was denied? Mr. Brotzman said correct. Ms. Bradshaw said then the appeal beyond that ... if the Board of Adjustment and Appeals says no. Ms. Langon said then it would go to Disaict Court. Mayor Garrett asked if there were any other questions for Ms. Langon. Council Member Woodward said I have a question. On page 9 , item d, which has been deleted. regarding the new from porch. My question i why arc wc deleting that? Ms. Langon said because of the c haoses in the projections. it wa redundant. Mr. Woodward said okay. M . Bradshaw said it doesn't mean that we arc disco..-aging fronl porches. M . Langon said no. we a llowed it within the projections. So. to relieve any confusion it was easier to take IIOUt. Council Member Bradshaw said on page IS where it i talking about yard standards for developmelll of manufactured home parks. Where would those be located in our City? Ms. Langon said . cunenlly. manufactlnd home parks arc pcrnutted in 1he lndustnal 1.onc District . M . Bradshaw said so if somebody had some industrial land and they wanted to have a manufaclur~ home ubdivi ion, they could put it in the industrial? Ms. Langon said 1f the y had the apprnpnate amount of land area. M . Bradshaw said do we allow manufactured homes to be built any-.hcrc else in 1he City? M s . Laneon said lndustnal 7.one Districts and as Iona as the home i UBC rated and the 1nd1vtdual yard could upport a manufactured home. I aucss your question i ... arc you talk.ins manufactured borne or manufactured home p;uk? An 1nd1vidual manufactind home could be placed anywhere 1n the City as Iona u it meet the B Code. M Bradshaw said the homes that we wen: havins d1fficuhy with around Clayton ... buacally 11 -.as a mobile home 1ha1 the took off the wheel. and put ii on I foundaoon. 1ty M n.1~r Scars Kl the) arne to the City and they nnled 11 to be appro,cd by the Buildtns Dl:plnmall, bul u Tnc1a said. u didn't meet the tandar There I a UBC standard that actual!) has to be made where they ' .. .. • • Englewood City Council May 16.2005 Pqe7 manufacture it and then it has to conform to the local Code. And by taking off the skirting or whatever they had around there, they then failed to comply. M s. Bradshaw said also it was the location of the hot water heater and the furnace . Mr. Scars said exactly. It didn 't comply with the local code, but when they changed that to meet our Code, then we said they were okay. He said I don't know how many there arc, but that's been three or four years ago. Ms. Bradshaw said okay. Thank you Tricia. Mayor Garrett asked if there were any other questions. There were none . Mayor Garrett thanked Ms. Langon. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO PULL 16-2-20 FOR A SEPARATE PUBLIC HEARING ON JUNE 6, 2005. Mayor Garrett asked if there was any discussion . There was none . Votermdls: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO SET A PUBLIC HEARING ON JUNE 6. 2005 ON COUNCIL BILL 17, WITH 16-2-20 REMOVED. Motion carried. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward. Tomasso Nays : None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO SET JUNE 6, a5 FOR A PUBLIC HEARING ON SECTION 16-2-20. Motion carried . Ayes: Council Members Barrentine, Moore. Bradshaw, Garren, Wolosyn, Woodward, Tomasso Nays: None COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 17, WITH 16-2-20 REMOVED, IN A SEPARATE ORDINANCE. COUNCIL BILL NO . 17. l!IITRODUCED BY COUNClL MEMBER BRADSHAW A BILL FPR AN ORDINANCE AUTHORIZING AMENDING TITLE 16: UNIFIED DEVELOPMENI' CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000. THESE ARE HOUSEKEEPING AMENDMENTS . Mayor Garrett asked if there was any discussion. There was none . Vow results: Aye : Nay : Motion earned. Council Members Barrcn1ine, Moorc. Bradshaw. Ganett. Wolosyn, Woodward. Tomasso None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE SECTION 16-J.21 ON FIRST READING. Aye : Council Members Barmitine. MooR, Bradshaw. Garren. Wolosyn, Woodward Na) : Council Member Tomasso -·-.. ' ... .. ,. • • En&lewood City CouncU May 16,2005 Page8 Motion carried. 0 . (ii) Senior Planner Graham presented a recommendation from the Community Dcvcloprncnl Department to adopt a bill for an ordinance amending the Unified Dcvcloprncnl Code requirements for front setbacks in the MU-B-2 zone district. He said this item was before the Council in January, February and May when we discussed the impacts on local businesses. We discussed providing temporary relief lo businesses that were applying for building permits and on May 2• we discussed the solutions that the Planning Commission has suggested. The recommended action is for Council lo adopt a bill amending the Unified Development Code so that this relief would be provided in four instances: sidewalk cafcs, additions to existing buildings, deep commercial properties and drivc-lhru uses. Also in the recommendation, should be the rcqoost for a Public Hearing to be scheduled possibly on June 6•. Mayor Garren asked if there were any questions for Mr. Graham. Council Member Tomasso said in the Englewood Herald it stated that this applied to Commercial Federal . Is that because they arc doing a drive-thru or is it just because they arc doing an addition to a building that they arc going to tear down? How docs that work? Mr. Graham said the drivc-lhru usc would be sufficient, but the case you raise was the case ... at Burt for example. they would qualify as a deep commercial lot ... more than 250 feet deep of commercial zoning and lot, and as additions to buildings. So, in some cues both circumstance will apply and either would make them eligible. Mayor Garrett said but at the Commercial Federal site? Mr. Graham said that was the Burt site, but the Commercial Federal site, as a drive-thru use, would qualify. Mayor Garrett asked if there were any other questions for Mr. Graham. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (U) • COUNCIL BILL NO. 19 AND TO SET A PUBLIC HEARING ON JUNE 6, a!!. COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING AMENDING TITLE 16, CHAPTER 6. SUBSECTION 8, OF THE UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FRONT SETBACKS IN THE MU-B-2 ZONE DISTRICT. 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 (iii) Director Fonda presented a recommendation from the Little1on/Englcwood Wastewa1er Treatment Planl Supervisory Committee lo adopl a bill for an ordinance granting a Ulilily casement IO Public Service Company o f Co lorado for ins1alla1ion of new overhead high voltage power lines al 2900 South Plane River Drive. He said we have worked wi1h Public Service. We will be upgrading the amount of power that we can get lhrough the s witch gears, but we found a new roulc that is shorter and will therefore save a subslantial amounl of IIK>IICY . We would recommend granting an casement, so they can run their lines along that casement into the switch gear . 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. 15. C OUNCIL BILL NO. 15 , INTRODU ED BY COUNCIL MEMBER WOLOSYN ' ... .. • • Englewood City Council May 16,2005 Page9 • A BILL FOR AN ORDINANCE GRANTING A TILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF POWER LINES AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Treatment Plant). Mayor Garrett asked if there were any comments or questions. There were none. Vote results: Motion carried. Ayes : Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (iv) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance approving the License Agreement and Temporary Construction Easement with Qwest Corporation for installation of PVC conduit for a fiber optic line for internet service. He said this is just a standard crossing agreement for Qwest as a utility. They are going to run a fiber optic line and they are going to bore it, so that it will not interfere with us. It is located down by the large animal clinic, where it meets Wolhurst, near County Line Road. 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) (Iv) -COUNCIL BILL NO. 18. COUNCIL BILL NO. 18, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND QWEST CORPORATION FOR A 2" PVC CONDUIT CROSSING OF THE CITY DITCH. Mayor Garrett asked if there were any questions or comments. There were none. Vote results: Ayes : Nays : Motion carried. Cou~il Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 13 approving the agreement with Valley Sanitation District for realignment of the Valley Sanitation District sewer line at the Wastewater Treatment Plant WlS considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 18, SERIES OF 2005. ORDINANCE NO. 18 . SERIES OF 2005 (COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN VALLEY SANITATION DISTRICT PERTAINING TO THE REALIGNMENT OF VALLEY SANITATION DISTRICT SEWER LINE AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. Vole nsults: Ayes: ays: Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn, Woodward , Tomasso None t .. .. • • Englewood City Council May 16,2005 PqelO Motion carried . (c) Resolutions and Motions (i) Director Gryglcwicz presented a recommendation from the Finance and Administrative Services that Council adopt a resolution approving supplemental appropriations for the year ending 2004. He said this is a resolution to comply with City Charter requirements not to expend funds without budgetary approval . This is a supplemental approval for 2004. There arc three funds affected: the General Fund for $55,500.00 for energy costs in the Public Works Department; the Donors Fund for $95,200.00 for exercise equipment. evidence storage and building improvements ... those were Forfeiture Funds; and the Service Center Fund for $107,000.00 ... the use of funds arc for cost of sales mainly outside services and other costs related to vehicle maintenance. Mayor Garrett asked if there were any questions for Mr. Gryglcwicz . Mayor Garren said will these be reflected in the audited financials that we will see shortly? Mr. Gryglcwicz said yes. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 45, SERIES OF 2005. RESOLUTION NO . 45, SERIES OF 2005 A RESOLUTION APPROVING THE 2004 YEAR END SUPPLEMENT AL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS. Mayor Garren asked if there were any comments or questions . There were none . Vote raultl: Motion carried . Ayes : Nays : Council Mcmbcn Barrentine, Moon:. Bradlhaw, Garrctt, Wolosyn. Woodward, Tomasso None (ii) Director Lona prcsellled a recommendation from the Library Department !hat Council adopt a resolution authorizing the Library's "Summer Food for Fines" proarun from Monday, May 23 dvou&h Sunday, June S, 2005 . He said we have had the propam for the put fifteen years. in which we have railed over $22.000.00 for the Inter-Faith Community Task Force Food Bank . It has proved to be a very popular propun with the community and we would like to continue that, so we would paciously ult for your approval . I would be &lad to answer any questions. Mayor Garrett asked if there were any questions. He said it has been a aood prosram over the years . Ms. Bradshaw sai d absolutely . The reso lution was as igncd a number and read by title : RESOLUT ION NO . 46, SERIES OF 2005 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPl.EMENT THE SUMMER "FOOD FOR FINES" PROGRAM FROM MONDAY. MAY 23 THROUGH SUNDAY, JUNES. 2005. COUNCIL MEMBER IRADSHA W MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA rnM 11 (c) (U) • RESOLUTION NO. 46. SEIUES OF-,_ Ayes : Counci l Membcn Barrcnc,ne . Moon:. Bradshaw. Garrett. Wololyn. Woodward . Tomasao Nays : None Mocion earned . ... ... ,. • ' • Englewood City Council May 16, 2005 Page II 12 . General Discussion (a) Mayor's Choice • • • (i) Mayor Garrett said one of the things that was asked ... that was in your packet, but I thought Gary could highlight it just a little bit. .. is how these goals, that Council looked at our session a couple of Saturdays ago, fit into our Comprehensive Plan goals, that we had set when we did the Comprehensive Plan . City Manager Scars said thanks Doug . I know a couple Council members have asked me this question . For the most part the goals that the staff came up with ... and then the Council with the one change going from City to Community ... the five outcomes were actually very similar to what were in the Comprehensive Plan, as a result of the overall Comp Plan and all the public input that went into that. The two differences were, number one, in the Comp Plan there was a discussion about regional cooperation and I think there was some discussion that we had, at the staff level, but we didn't raise that to the Council, we didn't get into it at the goal setting session, but it is certainly something. as we go forward, that could be an outcome. I guess ours were a little bit more what we thought a citizen would look for in City services, but regional cooperation was the one outcome that was shared. The other was infrastructure . In the public discussion, infrastructure really wasn't listed as a goal within the Comprehensive Plan. So. staff and Council kind of looked at that at the goal setting session to say that infrastructure was imponant. It ccnainly was very important from staff's viewpoint, but at the public meetings. infrastructure, which is a little bit hard to get a handle on, wasn't identified . So, through the public process, four out of the five were identified and elevated to the Roadmap : Englewood common themes as a result of the Comprehensive Plan process that occurred a couple of years ago. That is in the Shon Tenn Requests so you can take a look at that . Mayor Garrett said thank you very much. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I had a meeting of Positively Englewood. Given the Governor's recent proclamation honoring police officers. we had a discussion about wanting to go ahead and include some space for four spots for some police officers and four spots for some firemen in the Safety Services Division . That was brought forward by Co- Chair Daryl Estes and Positively Englewood member Jon Cook. Going around, I mentioned this to a couple of people and I had a citizen who just so strongly believes in our Safety Services.Division, has grown up in this community. volunteers at the tibrary and wanted to fund that. so she donated S 1.2000.00 to Positively Englewood as a sponsor of the to urnament so that that could happen. That was Janet Mahaffey and I was just impressed by her immediate desire to do this. her complimenting our Safety Services paramedics, the Fire Department, and the Police Department ... not only during the time she was growing up, but as an adult in this community ... and how impressed she was with them . I wanted to share that and let you know those eight spots ... four for the Fire Department and four for the Police Depanment. .. are at your discretion . That was the best way we could come up with to have those equitably managed and share their great regard for you . So I wanted to pass that along and also how proud of them we arc always. but that is the kind of comm unity this is and the kind of impression that you guys have made on ihem . And also, it is on June 13th.just to put a plug in for the Golf Tournament. 2 . She said the Code Enforceme nt Board has come to City Counc;il and made a presentation on some hcan-felt thoughts ... severa l meetings wonh of discussion in trying to deal with different issues that had come up and most of which had come to t)1em again and again from City Council. They had requesced that a moratorium be placed on the inoperable vehicle ordinancc ... thc derelict ponion of it, that had to do with the trailers, boats. RVs. and campers ... until some of the problems could be addrcssed ... some of which had been brought by City Council and some of them that they were able to identify as additional problems . There was discussion 11 the time and I wanted 10 bring 11 to a vote and ask for a vo te on that moratonum that they recommended . CO NCIL MEMBER BARRENTINE MOVED TO ENACT A MORATORIUM ON THE SECTION OF THE INOPERABLE VEHICLE ORDINANCE THAT HAS TO DO WITH TRAILERS, CAMPERS, RV'S AND BOA TS, UNTIL THE CODE ENFORCEMENT BOARD CAN ADDRESS THE ISSUES THAT CITY ' .. • • --- Englewood City CouncU May 16,2005 Pqe12 ... • 0 ' 0 COUNCIL BROUGHT UP AND THE OTHER ISSUES OF EXPENSE AND THOSE CONCERNS THAT THEY HAD, FOR AT LEAST SIX MONTHS. Council Member Woodward said so their request for a year ... basically you are modifying it to six months. Ms. Barrentine said there was no specific request at the time, only that they be given up to a year. I would like to see at least six months and that is my motion. Council Member Wolosyn said I have a question. I thought we had a friendly agreement not to put items up for voting of this caliber. I don't mind voting if the rest of the Council is in agreement ... but I did think that we did discuss this before and said we wouldn't do this, that we would put it on the Agenda. Ms. Barrentine said unfonunately, in my opinion, what happened is we ended up voting in a Study Session, which I don'! think is appropriate. The motion died for Jack of a second. COUNCIL MEMBER BARRENTINE MOVED TO PLACE A MORATORIUM ON THE ORDINANCE SINCE A RECOMMENDATION WAS MADE THAT STAFF DO THIS, INSTEAD OF CODE ENFORCEMENT; THAT IT BE TAKEN A WAY FROM THE CODE ENFORCEMENT BOARD AND PLACED FOR STAFF TO MAKE A RECOMMENDATION THAT A MORATORIUM BE PLACED ON IT UNTIL STAFF HAS MADE THE RECOMMENDATION. The motion died for lack of a second. COUNCIL MEMBER BARRENTINE MOVED TO SET A PUBLIC HEARING ON THE CODE ENFORCEMENT BOARD'S RECOMMENDATION ON THE PROPOSED CHANGF.S FOR THE CODE ENFORCEMENT ORDINANCE THAT I HA VE MENTIONED. Ms Barrentine said I mean there is a desire that we all want to make sure that the public has an opportunity to be heard . The motion died for Jack of a second . 3 . She said I had some concerns about the budget meeting that we attended the last Saturday .. .I mean the Saturday before. There wasn"t really a budget hearing. This process that we went through did not give anybody in the City an opponunity to comment on how well they have done with their previous goals and objectives and we were not given any kind of financial information. And we weren't given any for the future . I am kind of concerned that we will be entering a budget process in September without that k.ind of rctrospcctive, introspective process happening as it relates to money. I just wanted to make sure that that was heard. (ii) Council Member Bradshaw said I just wanted IO remind Council of the "Meet the Authors·· Open Ho use that is coming up this Sunday. because it was snowed out before. Mr. Long said there is no snow forecast. so we are looki ng forward to the Open House this coming Sunday. You are all invited and we hope 10 have a wonderful turnout. It will be from I :00 to 3:00 p.m . in the Library with 35 Colorado authors. Ms. Bradshaw said it is really good. If you have time. stop by. (i ii) Council Member Tomasso: I . He said I JUSI wanted to say that I really enjoyed myself at the Taste of Enalewood last Thunday . It was a really wonderful event. Gcnroku served very large ponions of sushi . It was just really wonderful food and a IOI of v·o nderful ite ms to bid o n. 2. He id the other th ing I would like 10 bring up is the banner fee . I would like Council's approval to waive the banner fee for the Old To wn Englewood Merchant Association for their car show comin& up the 23,.. of July. Hopefully. ,.c can make up the money in sales tu that they will acnerate that day throuah the adveniscme111 of thi e,ent. ' .. .. • • f'..nalewood City Council May 16,2005 Pace 13 0 Council Member Wolosyn said just for the record how much is the banner fee? Mr. Tomasso said $150.00. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO WAIVE THE FEE FOR THE MERCHANT'S OF OLD TOWN ENGLEWOOD TO HANG THEIR BANNER ADVERTISING THEIR CAR FESTIVAL. Mayor Garrett asked if there was any discussion. There was none. Vote ..-Its: Ayes: Nays: Motion carried. Council Members Bam:ntine, Moore. Bradshaw, Gam:tt, Wolosyn, Woodward, Tomasso None 3 . He said I received an e-mail regarding the Culture, Commerce and Community Conference from Mike Flaherty. I was wondering if we had any staff that was going to attend. City Manager Scars said I don't know. I will have to get back to you. I suspect that someone with the Community Development Dcpartmcnt may be there. It may be something that Council would want to attend also. We will send a note to Council as to who is going to attend. It docs sound like a good session. (iv) Council Member Woodward: I . He said I had the opportunity to meet with the Englewood Transportation Advisory Committee last week and. as a citizen, regarding the problems that some of the neighbors around Englewood High School have experienced recently, I want to say I certainly appreciate Ladd's attention and the Committee's attention and I thank them. 2. He said Bev had mentioned she was at Habitat for Humanity last week again and I am going to bit it again this week, so we arc getting our house built in Englewood. 3 . He said I want to make sure that everybody is :aware of the DiSlrict meeting next week on Monday the 23.i at 6 o'clock at Pirates Cove. (v) Council Member Wolosyn said I want to thank Harold for doing a fine job of looking at the way the discus ion at the Retreat reflected our extensive work on the Comp Plan. 13 . City Muacer's R~port (a) City Manager Scars said I wanted to ask Council to consider rescheduling the July 5. 2005 City Council meeting 10 July 11 , 2005. Mayor Garren said to i;:larify. the 4• i on a Monday. but the reason we had moved it is because it was such a short week. s1aff didn'1 actually have lime 10 gel everything prq,aml to gct to Council and get things ready so we delayed ii o ne week las1 year for tha1 purpose . Mr. Sears said we arc in the same situation this year, but it is certainly up to C uy Council . We cenainly can meet 1he night after July 4• if that is preferable to Council. COUNCIL MEMBER BRA~HA W MOVED, AND IT WAS SECONDED, TO RF.SCHEDULE THE JULY S, 2005 CITY COUNCIL MEETING TO JULY 11, Jll5. Ma yor Garren ked if 1here any discussion. There was none. A) . Coull('tl Member Barrenbne, Moore. Bradshaw, 0aneu. Wololyn. Wood•-ard. TMmSO ' • • Englewood City Council May 16,2005 Page 14 Nays : Motion carried. None ·• • • n ',j (b) City Manager Sears said Council received , with the exception of Council Member Wolosyn, a letter today from Bruno, Bruno & Colin, P.C. regarding a follow-up to the vote of no confidence for Director Olson . Again, I was not aware of this ... there was no telephone call, there was no prior information that this letter would be forthcoming. In essence, from my viewpoint, it basically says that there hasn't been any response back to the Englewood Benefit Association since the meeting of February 22 , 2005, of which Mr . Bruno, on behalf of the Association, raised three concerns out of twenty -some concerns that he identified that were not being done, which lead to the vote of no confidence. Director Olson did receive this today and because we would not meet again formally for two weeks, I thought it would be best for Director Olson to address some of these issues. He has had some opportunity ... and again, today, he just received it ... to address the concerns that Mr . Bruno has. Again, Council can direct where you would like to go with this information . I would like to ask Director Olson to come up front and respond. And too, I guess the allegation that he raises that our Command Staff ... Director Olson in particular, has not addressed or dealt with the issues. And I can tell you up front that we did at least provide a report back on three of those issues. but we have not corresponded that to the Association. So, if it is okay, we will just have a little open ended discussion and I will have Director Olson start from there . Director Olson said I believe most of you had a chance to read the lettcr ... cxccpt Ms. Wolosyn ... l'm sorry. The letter was received by us today and I got a chance to look at it. I did discuss it with Command Staff as well today . We were a little irate about the tone of this letter, which somehow indicates that we have ignored these people since February 22nd when I sat over there, along with several members of my organization ... not all police offic=·· .but a variety of people sitting out there. both for and against some of these issues . But, ess.cntially, let me just run down a brief history of what happened . On February 22,.. of course, the City Council heard from Mr. Bruno who is the representative for the Englewood Police Benefit Association and who is also engaged in litigation with us right now regarding our recent arbitration with them . On March 2..i Mr . Woodward had asked for a response to some of these issues and on March 2..i I responded to Council with that and you all received that response ... primarily dealing with three primary issues. I' II go over those in a second. On March 2~ I asked for a meeting and met with the Board of the Englewood Police Benefit Association . I specifically talked to them about this issue and my concerns and made a recommendation that they potentially enter into what wc call a labor/management team, which is a regular ongoing attempt to address these kind of issues , in a facilitated format, with OOICS being taken and then with that information being sent back to all members of that organization. We arc already doing this with Fire successfully and wc arc doing it with the EEA . So that was on the 29'". At that time, they suggested ... well why don't we have a regular Union meeting and why don ·1 you come and talk to the rest of the group about that propnsal. So on April 21• 1 met with all the Union members. There were about twenty in attendance. including some of the Board members. and I spec ifically made that rec o mmendation that we again enter into a meeting. as I had already recommended prior to that. When I entered that meeting the y gave me thi s list of questions and they wanted me to respond to them then and I declined . I sa id I ha ve a better format for that. I will be happy to respond to all these questions. but I would like it to be in a situa ti on where we could all hear the response, get a standard formatted response to that, so that wc don '1 have twenty people misinterpreting what I said ·in one evening. And. I left it up to them ... get back to me in two weeks and let me know what is going on. Now to follow up with that, I sent an e-mail out 10 all those members again ... to Mr. Sears ... stating the same things that I said when I met with them in a public meeting and essentially said the same thing ... let me know, I will be happy to meet with you, get your Board back with me and wc will move on from there . I ha ve not heard fro m them since and they say that I have not or that my Staff has not made some sort of contact with th e m is totally incorrect . And I am not sure where Mr . Bruno is getting the information . Every time we see one of the Board members we all say ... when arc we going to have the meeting? l..ct us know when you want to set this up. We 've got a format in place. lets get goi ng and we will respond 10 all thcsc issues and move ahead . To date. I have not heard a thing . It is now getting to the point where we arc just, basically. begging them to meet. But anyway, that was apparently the tone of that letter tha1 you received 1oday and that is why I am here today to say that that is tolally inaccurate. because we have made significant atte mpts ... noc just after this February 22 .. mee1ing . bu1 lasl year , prior to negotiations, we constantly asked them. lets meet. lets meet. lets meet and it is practicall y like pulling 1ee1h to gel lhem to come on up and meet with you . We could have resolved a lot of issues in arbitration if 1hey just would have met with us. but they d1dn'1 . Anyway, letter to Mr . Woodward's response addr those three 1 uc arc on the radio system. on our computer assisted dispatch s)'$1Cm/mobile laptops and on scaffin1. I 1hmk we have gone over those already . I would be happy to discuss that again, but we -rnovina ahead on all those is ues . The radio issue has become much more comphca1ed than we thou1h1 . As I've Slated before , I ,.anted ' ... .. • • Englewood City Council May 16,2005 Page 15 D to make sure that we did this right, because you probably all saw the reports from Aurora. They spent 13 million dollars on a similar kind of system that we arc putting in and you heard the same complaints from officers, that it wasn't working ... all sorts of problems. We wanted to make sure that we are doing it right. There arc other issues involved as well. Mr. Brotzman is aware of that. We had a lot of contractual issues with Denver, which wc had to settle. The stuff has arrived ... mosr of it. .. the rest of it is on its way. When wc get it all organized wc will probably have it in place and hopefully working 100 percent by the end of the summer. The other issue with the computer assisted dispatch and mobile laptops ... wc arc entering into agreements with IT right now to move ahead with the new system we want to put in place. The funding is there. It came through the Forfeiture Board. We arc moving ahead with that entire process. But again, with a lot of this stuff, it is just not a matter of plugging it in, sticking a disc in and you are A-okay to go, it is much more complicated than that. So wc arc moving ahead with that system. As far as the staffing, we indicated that we arc going to try to keep 36 on patrol. That is still our goal. We now have three vacancies. We have one officer in training. Three vacancies that wc are actively working on recruitment and testing to get those vacancies filled. That again, is 36 officers on patrol, which we think is adequate. In fact. we think we could probably get by with 33, bu! 36 is what we arc going to stick with . That is what we have said all along and that is our goal. .. to try to keep that staffing as long as people stay here, don't retire, don't leave for whatever reason and we arc continuing on with that. As far as I'm concerned, those three main issues that they brought to you arc being addressed ... we have never ignored that. We arc moving ahead with it. But the primary thing is that we have made overtures over and over again to meet with the Board of EPBA, its members or whoever they assign to this labor/management team and to move ahead to keep an open dialogue going with these folks, as we are doing with Fire and EEA. So I guess that is my response right now and I am open to any other questions you might have regarding this letter. Mayor Garrett asked if there were questions for Director Olson. Mayor Garrett said these three issues that were brought to us in February ... wc have had a couple of discussions here, as far as communication with the Police Board and the complications that you have described ... what kind of lines of communication have happened with respect to those particular issues? Director Olson said what we have set up ... and actually one of them is here right now ... Licutcnant Sanchez has been set up as a liaison between the patrol and investigation bureau on the Police side and Battalion Chief Dick PClau on the Fire side ... they act as liaisons to get complaints, concerns, whatever. They come to them and they come on up then to our communication section with Manager Everhart. She takes them. wc work on them and wc either send them to IT or send them to whatever ... outside sources wc need. We get thinp accomplished and then wc IIClld a response back saying here is what has been done. Every week there is a Iistin1 of what things came on in, what things were accomplished and that goes out to all the people in the orpnization, so that they can sec where wc arc going with all those things. So wc arc trying to maintain this tolally open dialogue. Mayor Gam:a laid there is a Status Repon. Mr. Olson said there is Status Report coming on a weekly basis any more, right. Maybe we didn't do that in the pasl. We have done it in different formats, but this time wc kind of formalized the whole thing to make sure that everybody gets that. And we make sure that the issues arc at least looked at and resolved so that people can sec that something is happening and that we arc notjUSI ignoring it. Mayor Garrett asked if the re were any questions for Director Olson. There were none. Thank you very much. Director Olson said thank you very much and I am always open to discuss these kinds of issues any time that you would like . Mayor Garrett said the i uc for Council is that this letter was addressed to Council, except for Olp ... sorry ... and to Gary. So do we v.am to i sue some kind o f formal:esponsc now? That response can take two forms. Either say ... thc informauon v.e have i there has been contact, which is what Chris has said, or wc can say we just act this letter. Chn has given Ills response to it. we arc looking into it and we will act back to you later. Or we don't issue a response nov. and we do 11 a1 some later point . So there arc three options as possibilities. Council Member Bradshaw said I hke the: second opcion. Mayor Garrett laid to say wc arc lookin& at it. Ms . Br~v. id 1u )' .,.e arc lool1n1 at 11, we've received your leucr ... that would be my personal prdcrencc. ' .. .. • • Enclewood City Council May 16,2005 Pqe16 Mayor Gmctt said are yo u in concurrence with Bev 's recommendation? Council Member Tomasso said that is fine . Mayor Garrett said we arc basically saying that we received your letter, we have taken a look at it, Chris had a an opportunity to take a quick look at it and respond at Council this evening, but the letter raises a lot of issues that we want to get a little more facts on. Do yo •a want that to go out under my signature or Gary's signature? Council Member Bradshaw said they addressed the letter to us . Mayor Gmctt said also to Gary. Ms. Bradshaw said both ... both signatures on it then. Mayor Garrett said what information would Council like to have as we address this and come up with a more s ubstanti vc n,sponsc? Council Member Bradshaw said I would like a timelinc ... that you presented ... just a timclinc. Mayor Garrett said a timclinc about when the meetings took place and sort of a general idea of what those discussions where. Council Member Bradshaw said yes. A summary of those meetings and the new methods that you have implemented to keep everybody informed. Mayor Garrett said that is what I would to sec, to sec how that fits in. Mayor Garrett asked if there was any other information that Council might desire? Council Member Tomasso said is there a difference between the fire radios and the police radios? Director Olson said no, we are all going to be on the same system. Mr. Tomasso said no .. currently? Cuncnt radios? Mr . Olson said no, not really. no. Everybody is on what is called the VHF system right now ... diffcrcnt frequencies. Coone.ii Member Tomasso said so the Fire Department hasn't raised these issues? Director Olson said no, they haven ·1 . I mean they have concerns down there at times, as well. but we are on the same system. When we go to 800, they will be on 800 as well . In fact , they do have some 800 radios right now, that we bought several years ago, so they could communicate with the other jurisdictions. but the new system will put them on the total operative ability s pectrum. There will al ways be some issues. As I said before, you cannot have a perfect system. • unci l Me m ber Tomasso said I j ust wondered if the issues coming in from the Fire Department are the same as the u lice? Or if the police have differe nt issues than the Fire Department in relationship to the radios? Director Olson said I d o n 't think they arc the same ki nd of i ucs ... but occasionally. yes, Fire docs have transmission problems and so on. I would have Battahon C hief Fox step forward bul he probably doesn't want to get in the middle of this right no v,.i . Mayor Garrett asl,;ed if t here were any other questions or information that Council might want to review? Mayor Garren said. Cit y Manager Scars. has this been helpful to you? Has this given you some direction? Mr . Sears said ye . we c an try 10 put to gether a response and send out a raponse under our joint signanaes of )'Ollnelf a nd myself to Mr. Bruno. Mayor Garrett said do you undcl'Sland the information that C ouncil is seeking? City Manqer Scan said yes and I think the other part o f that i the tirnchnc for the implementation. I am a little bit Illy on thM.. jllll becaase of the complexity of the 800 rncgahcru and the lapcops. I don't want to puc a line OUI lherc where lhey say ... w ha-·, met a requirement . fayor Garren said I th1nlr. the lct1n addr dul H have bccn .-ve eo 1h11 ~ c-il Mnallcr Brll<bha"' Kl nd our Sia no1 Mr GivTffl said ha,-c -been 111111C111Jve . Tlllll is dlc If the -- t .. • • Enpewoocl City Council May 16,2005 Page 17 •• • is no, how have we been addressing that issue in a reasonable fashion I think is the question that seems to be posed in this letter. City Manager Sears said I think the third issue that is out there is a difficult issue of which ii really is not Chris doing in part. his the difficulty of a tough economy. I think as Chris has identified it ... it has been the 36 working people. That third issue is staffing and the bottom line is that as we have lost positions throughout the organization ... we arc down 50 employee positions from where we were several years ago ... JO of those positions, or around that number, were police positions that we did have. So there has been an overall downturn in the economy and Safety Services Department has had to have a reduction . So, as part of meeting a difficult economy, which Council considered and panicipatcd in ... along with staff. So there is no easy answer to that, but clearly, as Council talked about tonight and in the outcomes, there was some discussion about impact team. We're in a budget process and it is something we can take a look al ... going forward . I just want to say that we will try, through this letter, to respond to that third item, in the most infonnative manner that we can. Council Member Bradshaw said right. Dan I have a question. In Mr. Bruno's letter it talks about that in more than two and half months management of the Police Department has made no direct contact with them. I think that needs to be ... that is where the timeline fits in. And the issues that were addressed publicly remained unrcsolved ... that is also part of the timeline. bul then the concluding sentence where ii says issues which were raised, but were not s pecifically identified, have received only inattention. Those, I believe, he is referring to the anonymous letter that we all received and 1ha1 needs to be addressed in this letter too. There were other issues, but this was an anonymous leucr. We didn't know who ii was from. Council Member Wolosyn said was that list of25 things. anonymous? Council Member Bradshaw said yes. We addressed the three that we heard about in public and that needs 10 be the response. If anybody else has more input that is fine , but that is how I would see it . Mayor Garren asked if there were any other comments on this particulu issue? There were none. 14 . City Attormy's Report City Auorney Brotzman did not have any matters lo bring before Council. ••••• Counc il Member Ban-cntine said I have one other thing thal I had forgotten. I wanted to thank. on a Council Request. Mike Aahcny for addressing a question that was brought up at the last Council meeting repnlina some inaccurate informatio n o n a presentation 10 the Scientific Cultural Ans Division. And I want to let everyone know 1ha1 there were some more phone calls. there were three more presentations thal were made based off of the upposed agreements with lhe Englewood Cultural Ans Center Association for the space over here and they were 1naccura1c. so I would hkc 10 go ahead and forward thi response on lo them so thal they have the information from us about what is goi ng o n. There was a claim thal there was a million dollar commitment from us and that there was some priority in that pace ... 1ha1 they arc out seeking other people and bringing them in ... and that information showed up in three more ... at least three more ... applications. So incc this addresses it, and I think very well. I would like to pass that o n to the Scientific Cultural Ans Divis~n so that they could go ahead and deal with some more accurate in formatio n. She said just to let you know that I am going to do that. Council Member W o losyn said I would like to follow-up and also thank you for that very kind answer . As for the presentation, the millio n dollars rcfen-ed 10 the three requests that the Cultural Ans Commission has agreed to make over a series of years and in the C IP. Capital lmprovcmenl Plan, and hts not done so for the last two years because of the budget. That is a ll that was about. The Englewood Arts has not talked to any other organizations about using 1h1 space. As everyone who is invo lved ,1dth us knows. we are very involved in the programs we put on in in communuy and in working towards fini hing this space ma way that makes ii a community resource for everyone in th, 10-. n. I a m g lad lhi came up. because 11 allo-.-ed us lo clarify a few issue • because Englewood Arts does not want anybody out there u mg our name 1n order 10 qualify for fundina at Arapahoe SCFD. ' .. .•' • • F.apwood Chy Coundl May 16,2005 Pqel8 Council Member Barrentine said I am glad that we were able to bring that up , because they are specifically referencing Sue and this organization in their application . So, if that is not with )'OW' permission then that is importanL And she did specifically say that the City of Englewood has already committed that million dollars, M> if there is some miscommunication then we might want to clear that up . Ms . Wolosyn said we are in communication with SCFD right now clarifying these issues . IS . Ad.Jounm-t MOVED TO ADJOURN. The meeting adjourned at 8:55 p.m. ~~-~ ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 16, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call lo order. f/:!J~ I 2. 3. 4 . Invocation.~ Pled !'e of Allegiance.~ Roll Call . t/,1/ IJ ~ 5. Consideration of Minutes of Previous Session. Opp'IJ-tJ Minutes from the Regular City Council meeting of May 2, 2005.~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Representatives from the Colorado Humane Society will be present to thank Department of Safety Services Police Detectives Scott Black and Jan Ball for their efforts in the investigation leading to the recent conviction of an animal abuser. 7. Re cognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion.) g-· 8. Communications, Proclamations, and Appointments . ...e- 9. Consent Agenda Items. a. Approval of Ordinances on First Reading. :e- b. Approval of Ordinances on Second Reading. fr Plea e no te : If you ~ e a disability and n,?e<f auxibry aids Of semces, ~ notify the Oty of Enatewoc,d ()OJ.762-2 407) at least 48 hours in advance of when services are needed. ~ ' .,.. .. • • -- Englewood City Council Agenda May 16, 2005 Page 2 /!Mil'/. 0 ~ ~irttnNLHV (b.va .. 1-lh1.11~~~ 9t.1~ii'f-i// 7~ -c. Resolutions and Motions. "1r -v v-,_.,. "'7!,_.__...,~.-~ i I ~ ~ I ; w :I: "' I-< ;~~~ (O~~Q. ~=~o =>""i5w i~;:::~ ozuw ig~!;c, 0:zZ<':,t~ i'.5og:1:~ ~8~ia: --~wt:: ..... ~~:C~-~ o..z5,2~u.. ~;;iu:ol5 iz::t.2:o a..g!~~ ~~~~* <!"-~~ ~~~at o--<>:JI ~~:!:\l!w * .. ~~ei ~!ii~!I 10. i. ii. iii . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee for Council to approve, by motiQII, the purchase of licensing and hosting services for Datastream 7i in the amount of $63,415. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Utilities Department for Council to approve, by !:!:!,Otion1 the purchase of one, new Sanitary Sewer Flusher Truck. Staff recommends awarding the contract to the lowest technically acceptable bidder, Williams Equipment, in the amount of $115,875 . SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the City Manager's Office for Council to approve, by ir.Jk°"c July 23, 2005 as a citywide public sidewalk event. STAFF SOURCE: I Flaherty, Assistant City Manager. Pubi;cHeari og lt,m<. Offd'HJ ~,41.,Uld f5 ~~ a. Public Hearing to gather public input on Council Bill No. 14, approving amendments perta ining to 16-6-6 : Fences, Walls and Visual Barriers of the Englewood Municipal Code. '[R.!elA /_//Nc,OA/ 11 . Ordinances, Resolutions and Motions. 0001-0 ............. 0 ..... I f d d I I I I I a. ~pprova o Or inances on First Rea ing. 5! ~ ~ ! ~ ,. Council Bill No. 1 7 -Recommendation from the Community Development ~ :S :S iii :S -Department to adopt a bill for an ordinance approving the proposed ~ g gig§ ~ "housekeeping# amendments to Title 16 : Unified Development Code of the ~ ~ ~ ~ :i: ~ Englewood Municipal Code. Staff also requests that Council set a public hearing ~ ~ ~ f ~ ~ date of June 6, 2005 to gather input on this issue. STAFF SOURCE: Trim ~ ~ ~ ~ ~ i!:. Langon, Senior Planner. c:!--i ii. Council Bill No. 19 -Recommendation from the Community Development ~ coutt:iLBII.L l 9 Ni> Department to adopt a bill for an ordinance amending the Unified Development PVBllCHEARINGDATE Code requirements for front setbacks in the MU-B-2 zone district STAFF ONCBt19SETFOA SOURCE: Mark Graham, Senior Planner. /J'tlt-/A.t~ JUN E6 .200S vv • ~--,-- iii. Council Bill No 15 -Recommenda tion from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance granting a utility easement to Publi c Service Company of Colorado for installation of new I;--{) overhead high voltage power lines at 2900 South Platte River Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities, and Mark Van Nostrand, Senior Project Engineer. ~ Please note: If you have a disability and need auxiliary aids or servtces, please notify the City of Englewood (3 03-762-2407) at least 48 hours in advance oi when services ;ire needed. Thank you. ' " . . . . • • Engl ewopd City Council Agenda May 16, 2005 Page 3 iv. ffPd'l-0 Council Bill No. 18 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving the License Agreement and Temporary Construction Easement with Qwest Corporation for installation of PVC conduit for a fiber optic line for internet service . STAFF SOURCE: Stewart H. Fonda, Director of Utilities.~ b. Approval of Ordinances on Second Reading, Council Bill No. 13 approving the agreement with Valley Sanitation District for realignment of th7X!ll~y. s;_n~~~ District sewer line at the Wastewater Treatment Plant.~~ c. Resolutions and Motions. 1 i Recommendation from the Finance and Administrative Services that Council adopt !J •.. JI,,// · a resolution approving supplemental appropriat}<)~O~ the ye~r ending 2004. f:.,,/41 ,:::> · '7-1) STAFF SOURCE: Frank Gryglewicz, Director. W ~ ~ ii . Recommendation from the Library Department that Council adopt a resolution 1)1 •• ///. authorizing the Library's "Summer Food for FinesH program from Monday, May 23 p,QtJ1f "f1Pfi/flin_0 thro~gh Sundav. lune 5 . 200';. STAFF SOURCE: Hank Long, Director of Library . ,-SelVJf.~· J. J ... -DIEOFORLACl<OFASECONO BARRENTINEMOVEDTOENACTAIIORATORIUMONTHESECTIONOF ~ n£ INOPERABLE VEHIClE ORDINANCE "!HAT HAS TO DO WITH 12. General Discussion: a. Mayor's Choice. TRAILERS, CAl,l'ERS, RY'S NI) IIOAlS. UNTl. lHE COOE ENFQACEMENT 110AAD CAN ADDIIESS THE ISSUES "!HAT CITY COUNCIL BAOUOHT UP NI) THE onER ISSUES OF EXPENSE NI) THOSE CONCERNS "!HAT THEY HAD, FOR AT I.EAST SIX IIONTHS. DIED FOR LACI< OF A SECON> 8AARENTIE MO\IED TO PUCE A IIORATORIUII ON THE ORDIWICE (SINCE A AECOMIEll)ATION WAS MADE "!HAT STAFF DO MS, INSTEAD OF CODE ENFOACB,IENT); "!HAT IT IE TAKEN NNAY FROM TIE CODE b . Council Members' Choice ENFORCBIENT IIOAlll NI) PUCB> FOR STAFF TO lolAl<E A 13 . CityManager'sReport. \. -~~~•-" §~1::S~ MENTIONED. ~ '7-t) a. Request to reschedu e July 5,-2005 City Council meeting to July 1~ 14. City Attorney's Report. APP'O 7-0 TOMASSO MOVED TO WNVE n£ FEE FOR THE IIERCHANT'S OF OlD TOWN ENGlEWOOO TO HANG THEIR BANNER ADVERTISING THEIR CRUISIIG CAR FESTIVAL 15. Adjournment. f:~r--- Th e following minutes were transmitted to City Council between April 29 and May 12, 2005 : • Cultural Arts Commission meeting of April 6, 2005 . • Liquor Licensing Authority meeting of April 6, 2005. • Pl anning and Zoning Commission meeting of April 19, 2005 . Please note: If you have a disabil ity and need auxiliary aids or services, please notify the City of Englewood (303-i62-2 407) at least 48 hours in advance of when services are needed. Tori ou. ' .:.,, .. • • C B [J ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellslon May 2,2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garren at 7 :31 p.m. 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledae of AllegiaDce The Pledge of Allegiance was led by Mayor Garren. 4. RoUCall Present : Absent: A quorum was present. Also present : Council Members Tomasso, Moore, Barrentine, Garren, Bradshaw, Wolosyn, Woodward None City Manager Sears City Auomey Brotzman Assistant City Manager Aaherty City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Communications Specialist Hoffhines, City Manager's Office Senior Planner Langon, Community Development Director Fonda, Utilities Director Simpson, Community Development Police Lieutenant Sanchez, Safety Sen>ices Fire Captain Ertle, SafetY, Services 5. Consideration of Minutes of Previous Sellslon Sa (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDFJ>, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 18, 2005. Ma yo r Garren asked if there were any comments or corrections . There were none . Vote results: Ayes : Nays : Council Members Barrentine, Moore, Bradshaw , Garren, Wolosyn, Woodward , Tomasso None Mouon carried . 6. Recognition or Scheduled Publk Comment (a) 1'v1ayor Garren said we arc pleased IO have with us this evening the City of Englewood 's Web site te am. For th ose of us who saw the revised web site , and have played on it a liu!e bit over the last few days. it is a ve ry exci tin g thing that is happening for Englewood . A lot of time s people's first impressions arc what they see on t ,• • • -- 0 ·• • • • 0 )---, \st...__) Englewood City Council May2,2005 Page2 your web sit<C. Ours is going to be very robust and exciting. I would like to invite Leigh Ann to come up and make a few comments. Ms. Hoffhines said I am here this 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 City 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 are recent additions and will be the content authors for their department. City Manager's Office: Mike Rahcrty, Assistant City Manager Community Development: Nancy Fenton, Executive Assistant Finance and Administrative Services: Lou Ellis, City Clerk and Frank Gryglcwicz, Director Human Resources: Lynnette Wargin, HR Generalist 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 Administrator 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 Captain Mark Ertle, Fire Division Lt. Jeff Sanchez, Code Enforcement & Police Division Chief Building Official Lance Smith, Building & Safety Utilities: Kerry Bush. Utilities Billing Technician and Tom Brennan, Engineer Wastewater: Brenna Durkin, Greg Farmer and Cindy Goodburn Ms. Hoffhines said thank you all very much. There was applause. Ms. Hoffhines said we are here tonight to officially launch the City 's new Web site. We will be refining the site as we go along. adding information and features. so please keep checking back regularly to see what we have added and see what is new. And. also give us feedback. We would really love to hear it . Ms Hoffhines showed the old site and said we are happy to bid a farewell to this site. I actually had hoped that I could get the Web team to play Taps on kazoos. but they wouldn't go 'for it. She said Mayor Garrett would you do the honors to help us launch the new Web site? If you would type in englewoodgov.org .. .I would like to present our new Web site. There was applause. Ms. Hoffhines said thank you very much for your time. Council Member Bradshaw said thank you for all your efforts Leigh Ann ... all of you. 7 . Recognition of Unscheduled Public Comment (a) Eugene Norman said I wrote thi s 4/27/05. I am trying to present an image; the type of image is dependent on us all. Let the play begin. Physicist s declare we arc composed of pure light and pure energy. It is also stated that each point contains a center. That implies that you. all of us . arc the center of the universe. The universe has no bounds ... only centers. That center of pure light contains spirit. Handle it right. You are that pure spirit. This is it. They are it. I am it. We all are it and that is that. .. contact. I wrote this 5/1/05 . Time is running out. Ger beyond nati onal prime time TV for 15 minutes. I will present one new idea. All of you simply vote yes or no on the idea. not the person ... pure democracy. You have liulc control of your life. This is your chance Lo take control beyond our dilemma as a nation. Become one nation . Thank you. (b) John Binder. 2099 East Royd Place. said I am here to talk about the Golf Course and what is going o n in Sheridan. It says "from the beginning of the Sheridan Urban Renewal Project, Englewood officials s tated that they were not interested in relocating any part of the Englewood Golf Course." Somehow lhis attitude must have changed. as on March 18"' the Englewood Herald had a large articlar !lbout die City Counci I touring the I• t .. .. ~ ... • • • C Englewood City Council May 2,2005 Page3 • •• 0 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." I 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 Platte 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 are 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 ." It 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 citi:zens' comments? This area is way too important to have its character changed. Mayor Garrett said thank you very much . 8. Collllllllllicalions, Proclanations and Appointments (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 ACCEPT THE RESIGNATION OF DENNIS SCHUM FROM THE PLANNING AND ZONING COMMISSION. Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (b) A proclamation naming Orris Saunders as Englewood's Citizen of the Year for 2005 was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION NAMING ORRIS SAUNDERS AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 2005. Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None Mayor Garrett 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 are passing the proclamation tonight. We hope that you can join us . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (Sec Agenda Item 11) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (II), (Ill) and 9 (c) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 15 , SERIES OF 2005 (COUNCIL BILL NO. 10, IN'IRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlITHORIZING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLI..EGFJAREA CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD ., ' .:.., .. • • Englewood City Council May 2,2005 Page4 ·• • • 0 PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2350 SOUTH WNI STREET, ENGLEWOOD, COLORADO. (ii) ORDINANCE NO . 16, SERIES OF 2005 (COUNCIL BILL NO. 11, 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 COLLEGE/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 (UE WWTP) anaerobic digcstcrs, in the amount ofS67,100.00. Vote results: Ayes: Nays : Motion carried. 10. Public Hearing Items Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community Development Departrnenl 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 this is s ue . She sai d the fencing regulations were reformatted during Phase I of the Unified Development Code process and during Phase 2 the Planning Commission conducted seven study sessions since last August to review and do more in-depth updating of the fence code. The Commission focused on clarifying and si mplifying existing regulations and also. at the request of Council. they reviewed fence permitted materials and comer lot fencing regulations. The Planning Commission held a Public Hearing on April 15• and on that date they recommended approval of the amendments. The amendments arc intended to provide consistency with the rest of the Code 10 update and clarify and simplify the regulations and also address previous community concerns regarding permined materials. If you have any questions I will be happy to address them . Mayor Garrell asked if there were any questions for Ms. Langon. Counci l Member Woodward said I have a couple of questions . Under 2 -A-3, "replacement of all or any ponion of an existing retaining wall " ... why do we have "any portion"? On the fencing we have 16 feet. but on the retaining wall. if so meone is replacing 3 feet of landscaped umber. why would they be required? ' ,• • • ( Englewood City Council May2,2005 Pages 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 arc a little bit more pennancnt than a fence. Mr. Woodward said then on Table 16-6-6.1 is a CMU 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 propenies ... 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 11 (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 setback 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~ 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 Plant. 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 s ince 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 Platte 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) (II) -COUNCIL BILL NO. 13. COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN VALLEY SANJT ATION DISTRICT PERT AINlNG TO THE REALIGNMENT OF VALLEY SANITATION DISTRICT SEWER 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 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. (Sec 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 Members' 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 surgery ... 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 expense 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 trailers ... and he really wasn't coming up with any satisfaction and getting anybody to listen to him. Fonunately, the discussion led him to come up with the idea that s ince he was told it was because it was a weight issue ... he decided to take it to a State weigh station. It turns out that it is under the weight. I understand that Gary with Code Enforcement has told you to go ahead and bring your propeny back to your home and you can park it wherever you want. And I wanted to tell you that I appreciate your sticking it out and I know thi s was imponant to you . I am sorry for the inconvenience, the additional cost and cenainly 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 propeny back to yo ur house . 2 . She said I want to give an update on Positively Englewood, as we have secured a bicycle for a give-away and they arc going to be providing some entry forms for children 12 and under, this time. Each month i will be for a different purpose, but for May it will be on youth and volunteering, so they need to write a shon essay on the back o f the entry form . We will have the drawing at the Opening Day of Pirates Cove on May 28111 at noon. The entry fo rms will be at the Library and at the Recreation Center on Oxford. I am looking forward to that. The bike will be o n di s play there as of tomorrow. 3. She said I had a concern as I was given a call by the Chair of the Scientific and Cultural Facilities District . They were hearing about a petition . A petition had been submitted that claimed that they had secured the location where David T aylo r Dance Studi o was. that they had an agreement with the City and that is what they were presenung to them . I have some co ncern about that ... that can't be possible, because the City Council hasn 't~~ . • ... .. ' • • ( 0 ( Englewood City Council May 2,2005 Page7 •• • • Q 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 Realtors and he also sent it out, on an e- mail. to SCFD members. And interestingly enough, we have had a variety of inquires . Most recently lhc 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 applicalion process . What will happen is thal the proposal will be evaluated by staff, ii will come forward to the Review Committee , which I believe is srill 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 Execulive 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 SCFD funding. I did speak with the Chairperson for the Arapahoe County Board and indicated that we had not made any de cisions 10 date, because it has not been through the formal review process. Council Member Barrentine said so there is nothing thal 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, thal basically stales "should lhe selection committee for the City of Englewood accept the submitted proposal, a leuer of notification would be provided to the Arapahoe County Cultural Council." But to date, there have been just discussions, as we have wi1h many businesses, bur no decisions can be made on our part until you, as a Council, sec that information. Ms. Barrentine said thanks for clearing that up, maybe they misunderstood. 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 misunderstood some of 1he information that you provided her as well. Maybe that is where we get some of the conflict, because I understand, 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 understand the complexities of CAM charges and rent and agreements . So they were just a liulc confused and didn't want to get into the same situation where people were not understanding what was going on , because she was not presenting that way . Ms . Barrentine said she and her associate ... according 10 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 the y might have said that , I don 'I know what they mighl have said, I can tell you that I represented, very well, that the City had not made any decision s. Ms . Barrentine said well people misunderstand . I am not saying that you said that . ii was just nece ssary to bring up because you have -. person, you have an organization , who is presenting ... for $147.000 .00 worth of tax rnoney ... and representing 1ha11hcy have a deal with the City and she had every right to come and ask questions to try to find out what was going on . So that is all they were doing . And I know that she talked to 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 ves , actually both of us represent EEF, but she talked to both of us . He said I talked to her in the afternoon and I thtnk she got to Rick earlier in the day . Ms . Barrentine said and then that piggy backs on the fa c11ha1 David Taylor was coming to !hem for money . Mr . Simpson said oh , I didn't know that either . Ms . Barrentine said because she had asked for tenant finish money, they needed to know whether he took the floor and th e mirrors , so they piggy backed on each other , because then they had to ask David Tayloc ... did you really take th ose thing s o ut of that building? Then he put himself into a situation where he is asking for money from a tax e n111 y to pa y a debt and so they had 10 make sure how much of what was going on ... Sil that the two kind of co mmingled when she put that application in . Mr . Simpson said I wasn't aware of that . Ms Barrentine said yes , so th ere were so me additional questions there . But I just wanted to make sure . (ii ) Council Member Bradshaw : ' .... • • -- Englewood City Council May 2, 2005 Page8 ·• • • I . She said I would like to thank the Community Development staff again for helping with the Watkins Glass business move . I notice they have the sign up in Littleton that tht"y arc moving back to Englewood. 2. She said May 11th is the Open House on the ACT house on Wesley, in the afternoon, and I would really encourage you to go up there . That 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 sec. 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 OF 2005. RESOLUTION 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 discussion. 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 item 12 (b) (i) on the Agenda.] Mayor Garrett presented the resolution to Stephanie Steinberg . Ms . Steinberg said I am a Colorado resident. I actually live in Greenwood Village and I have been very much involved in grassroots efforts across Colorado in the last year for smoking bans. Currently, this bill is being di scussed ... actually in the House Health and Human Services Committee this evening. They were still going on talking about it and I had to leave and come here . The true benefit of thi s is basically for worker health and public hcallh . We have never advocated against people's choice to smoke. That has never been the issue. It was a matter of just relocating 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 th e location . The Colorado Clean Indoor Air Act does offer clean indoor environments for people so that when they go to work , whether they work in a restaurant or a bar. they have the ability to not have to breath second hand smoke and it benefits the public as well . Several states have already done thi s ... California, Connecticut . Delaware, New York, Rhode Island, Massachusetts and Maine . California has been smoke free for eight years and that was the inspiration. I had gone into a sports bar with my husband and children and we were in there unknown lo us that it was a s moke free place in Santa Monica. And we were ready to leave and my husband said well you don't have to, no one s mokes here. The place was full of people ... people who had to smoke just stepped o utside and came back in . The funny thing is it is just the fear of that transition. but we are very ho peful that we will get to that point and it will be common place. So. we want to thank you very much. I will be taki ng thi s to Senator Grossman who is the State Senator who sponsored thi s bill and also to our House members. Re prese ntative Lindstrom and Representative Mark Larson also arc the House sponsors of this bill . She said I just \\ant to thank you very much for your s upport . ,, ' .· ... .• • • -· - Englewood City Councll Mayl,2005 P•ge9 0 . 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 use Arapahoe Acres to show off the community more and keep Denver from claiming it. .. which they always do . 13. City Manaser's Report City Manager Sears did 1iot have any matters to bring before Council. 14. City Attorney's Report (a) Authority . City Attorney Brotzman said I have a request for a motion to settle this use 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 letter from Brownstein, 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 matters regarding the confusion between sales and use 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-Tem Wolosyn called for the vote . COUNCIL MEMBER BRADSHAW MOVID, AND IT WAS SECONDED, TO APPROVE SETrLEMENT OF THE USE TAX REBATE CLAIM. Vote results: Ayes: Nays : Abstain : Motion carried . Council Members Barrentine, Moore, Bradshaw, Wolosyn. Woodward , Tomasso None Mayor Garrett Council Member Wolosyn said I would just like to poim oul that the $132,000.00 is half of the amount of money that they conte sted. This was. as the letter says, I think on both of our parts, a good faith gesture in the spirit and intent of use tax agreements . And also, I would add, thi s continues a good working relationship . ••••• Mayor Garrett said I would encourage you to come to Malley a week from tonight at 7 o'clock and celebrate our Ci ti ze n of the Year . Thank yo u very much . ' .. .. • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE:May16,2005 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADDRESS JOPIC ' • • C COUNCIL COMMUNICATION Date: May 16, 2005 Initiated By: Agenda Item: 9 Ci The L/E WWTP Supervisory Committee Subject: Computerized Maintenance Management System Upgrade Staff Source: Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The purchase of the Datastream MP2 Computerized Maintenance Management System (CMMS) in September 1999. The CMMS upgrade from Datastream MP2 to Datastream 7i was approved as part of the 2005 budget process. RECOMMENDED ACTION Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee for Council to approve, by motion, the purchase of licensing and hosting services for Datastream 7i in the amount of $63,415. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) currently utilizes Datastream MP2 for Computerized Maintenance Management The existing software data platform, MP2, is no longer in development and will no longer be supported by Datastream. The new model of a browser-based, hosted system eliminates many hardware and staff support related costs. It also provides the added benefit of off-site full-backup and disaster recovery. Off- site hosting also allows for the most robust processing platform to be applied to the application . All upgrades, patches, and maintenance for both client and server are provided at the hosting .~i te . A L/E WWTP hardware implementation would be more costly. Datastream 7i will perform the functions necessary to meet the long range goals of the L/E WWTP and City of Englewood in a cost effective manner. Datastream has the capability to be shared by o th e r City departments. The Information Technology Division has reviewed the Datastream 7i product and approved the use of the Application Service Provider (ASP) hosted model. Datastream Systems, Inc . 7i is recommended as the best choice in meeting the needs of the L/E WWTP for Maintenance Management Software and is a natural migration path from MP2. ' ... .. • • The City Information Technology Department has reviewed the contract. FINANCIAL IMPACT As a capital purchase, the expenditure of $58,834 will be shared 50/50 by the Cities of Englewood and Littleton. This pricing represents a final cost after $29,215 is credited as a rebate for equity in the existing MP2 program . The amount contained in the 2005 budget for this is $100,000. LIST OF ATTACHMENTS Datastream License and Hosting Services Agreement C •• • • 0 AgrMment No.: ENGl.-005-1026 This License and Hosting Services Agreement ("Agrttmentj is ef'l'ectfve as of the date of the last signature on this Agreement ("Effective Date"), by and between Dlltutream Systema, Inc., 50 Oatastream Plaza, Greenvtlle, South carolina 29605 ("Datastreamj, and Uttleton/l!nglewood w-Wetw T ... -t Pleat ("c:u.tDmer"). Wh--, Datastream develops and markets asset perfarmance management software for tr.lddng and anayztng performance of lndustJial assets (the "Hosted Product") and provides applic2tla1 hosllng sevices for cusmme,s subsattJlng ID Its appllcatlon service provider services; wi-e., Customer desires that OataslJ"eam license, and host and/or maintain the Hosll!d Product on serven under ccntract ID and located at a facility selected l,v Dataslream, and Oatastream desires ID provide such hosting and/or maintenanCe servlees, on the terms and conditions herein. Now, therefwe, Custo mer and Datastream agree as follows: i.~A .: ,.J'~-'!-~..,,_ .... ".';':":',_~~~~: ,_ ..... Charges: Concurrent User license for Oatastream 71,.. softMre first Year Hosting Services •• Ccncum!nt Users first Year TechSupport --Conc:wm,t users Oatastream 71 RequestDr -Concum!l1I: User llanse Arst Year HostinQ Ser.rices -Requesur- Concurffllt User Arst Year TechSupport -RequestDr - Concurrent User Oatastream 8arcodlng Arst Ye11T Tech5upport-BaraXlng 1'1'2 Software Credit 1'1'2 Technical Support Cr1!llt l~entation and Prdl!sslonal Fees T .... l'eea: Fes for Hosting Ser.rices for Yews 2 and J: Hosting Services -Conculffllt users TechSupport --Concurrent USers Hosting Services -Requestnr -Concurrent user TechSupport -Requester -Concurrent User TechSuppon: -Baralding Quantity ,_, 9 9 9 3 3 3 1 1 9 9 3 3 ·-..... This Agreeml!nt is subject to the following terms and concitlons: ·:~,:;;~-. . ,~. H~:. . ·-· UnltPrlca ......., •Mllnllw Total $7,000 NA NA $99,00 $891.00 12 $1,400 $1,050 12 $1,500 NA NA $41.00 $123.00 12 $25.25 $78.75 12 $995.00 NA NA $16..58 $16..58 12 esumMaS • (See 11a I 1111) $10,692.00 $10,692.00 $6,231 .00 $6,231 .00 $1,477.00 $1,4n.oo $945.00 $945.00 $209.00 $209.00 ... l:."'-lt:~M ,n,;_,.s ••.. .... ,. •. ~:-i.;:,£.-• T-, $63,000.00 $10,692.00 $6,231.00 $4,500.00 $t,4n.oo $945.00 $995.00 $209.00 ($24,631.00) ($4,5n.OO) $59,13400 1, YCDK JP P9APIKJ1S); OW mgp. Subject ID the tl!rms hlnln, DalWam grWIIS ID CullDnw' a non-eduslve, ncn- transferable, perJ)t!t\al license to acam and ID 1m the Hemm Product(s) idllnlffled ..._ far Ci.lllDnw's ~ intarnal opintianS. EICcapt as t!Xpressty hcense<I to CUStoml!I' p~ to this ~ ~ ,.... all ngtt. Ille and I __ In And to the Hasmcl Pl'ocluct(s) ana all CO!)les therl!of. Customer shlll -remow, cleface or ailsaft ill'f ~ ~ ar Its supplia's' a:ipynQht ar trademarll: nollcs aM/or legenos or otner propnetary nalices on or ,n the t-.s Product or on OUIIIUt ~ by Ille HOllad Pnldua or Haalng s.vices. u---...-.- ·-""·· ENGl.·005-1026 (11026.vlA.04.21.05) ' :f • • t • • • 2. AUJllOBDIP NuNRB Of usns. This Agreement specifies the number and type of llainsed users Customer Is authortzed ID have accessing the Hosted Product(s). Datastream licenses its Hosted Products using the following definitions ot the type ot license granted to Customer: "Concun:tnt user• means number of licensed users of the Hosm<I Product at arr., one lnstaoc The use of mulllple,clng hardware or software ID reduce the number of users directly accessing the Hosted Product ts not permitted under Datastream 's Concurrent user License. "Named User" means a person authorized by Customer to enter or access data within the Hosted Product, whetl1er or not such person IS .-tlizing the front-end graphical user Werface. Any person who uses or aa:esses the Hosted Product's components or business rues (Inducing via one or more user ilUrface) IS a Named User for pwpases of this Agreemert. A non-human operated device will be auited as a Named User In addition ID all tnclwluals atihor1zed txl use the Hosll!d Product, If such devices can access the Hosted Product. If multiplexing ~ or solbae (for example. a TP monltxlr or web -product) Is used, 11115 number shall be measind at the muhlplexing front end. Customer shall list all Named Users in the security appltcatlons of the Hosted Product. Multiple log-inS under the same or a Single user name is prohibit2d. ·eonoeanr user" means a person ilUll1al1zed by CU5IDmer txl enller or -data Within the Hosted Product through means other than the standard forms and KTMl p1ese11talloi1 lnlBface lnduded ~ the Hosted Product. Such access includes, tu is not limited IXI, accessing the Hosted Product fln:llanalt\' through Dilla5ll'8n N'fS or nan-Dalastream APls, web servers, clrect database aa:ess for uses other tflan reporting, and Cllher nmns ot funcllQnalty aa:ess not pl'O\lided by the Hosted Product. A non-human operated de'lice wll be auud as a Connetlllr User, If such devices access the Hosted Product. If mulllplexlng hardware or solbae (for exaf11lle, a 11' mcntDr or web server product) is used, this number shall be measured at the IIU!lpleldng front end. "SWYcrJdeyjq 11ccoa• refers ID a solboa'e appllcatlan licensed for use on a Single -or device only. Use In excess of the authorized number ot users .. ainstlldle a lnllcll ot this AQr-.nt and Cusb:Jmer .. be chlrged addltlonal llcense fees and per unit fees for use of the Hosted Producls by 1111ft than autharlmd ruiar at -. Cadmlll!r may add addltlonll llcllnsed U5er.i provided p.nuant ID this Agreement by lauklg -~ anlllS ID Dllaltram. Each mdl CustDIIW purdae ordlr wlll spedfy Items, sudl as: ~ and type of licensed ISe'S, lfle start date of adlltlallll Ha5llng Senlas and TechSuppart and tXJlal price of the purdlase order. Each such purchase order ISsued under this Al.,'eemel1t and acmptlld by ~ Shall be made part of, and be inccipo, ated lntD this~ and shal '*8lce this Al.,'eemel1t number on the face ot the~ Ofla. 3. 8llml:I, Dataslzeam wiU perform lfle appllcatlan hasting services ("Hmtlng Savtces") and pnMde the appllcatlan llllintlNnce and technical support serw:es ("Tec:hSuppart") described 1n c11a11 1n on t p a. tta11t1ng Serwa an11t ot 1t1e ~ ot hardware and scftwa"e SUltable ID hast the Hosted Product(s) ldenllllm. and BWCIIS ID .......... hlnllNn and ..... an CuslDmer's behalf. A more derailed desaipllon of lhe Haslll1Q SeWl!S IS lnduded In 57 I 7 C. Sa*1e LIMI ,.---. a...-may l'lltalrl oatastream ID provide i~ seMCes or Cllher poltsllu,111 seMCes at any lime as lfle parlleS may aar-. ~ adawlse agreed, lmplementallon and pro(esslonal ssw:es .. be pnMded on • time and matllllls bmlL 11le par1lel anlldpllll 111M: such ,r,,ices wHI be prollided punuant ID an agreed documa1t ltlat wil acldrl!B the patll!I' respet11ve ,epoiiillllilllles, elll..-1 9dlmlNS and other relevant terms and conditions. Alty Initial l...,..,._llalloil or p.,,_.,al-*-ID be pnMded Ill' Dllallram ....._this~ - described on &31acbn-a. Adcllloilil lnipe111611ation or pcAaluilll aw:es nay be pVllldld punuait ID an updllad or adcltlanlll Ata4•-t I or a Ola,ge Req\!e5t p,VVlded such a daa-.t IS eeaad by bath patla. 4. !&Jlmlr. Payment far lfle saftloara lmwe and for die bJm1c ot Halling Sa*-and TechSuppart IS due ID DllalrUm wi1111n ttirty (30) days d lfle EffeclM Date. ~ parments ot the rees for HClltlng Senlca and TechSuppart .-be due annually on !he anniversary of the Effa:IIW! Date. All ather ~ l'ee and CNr911 .. payable w11N11 ll*ty (30) clays ot o.stram's J11111*1y ISSUed invoice. Alty payment not made when due .. bear inllnst at Ille Iowa' d 1~ 1111' mantll or lfle ~ l'ltll psmltlBI Ill' law. If Customer fails ID pay any w,dispulad sum JO days an.. ncllce glvml llr ~ Dltam9MI may dllalnllf-. ~ undlr this Agreement unlll payment Is received or teminatll this AQr-.nt lillffldatl!lly upon nat1ce tD Cullllnw. 5.. IW!MPIIPPIPtDa 5.1 The initial term d Ille Hosting 5eMces and TechSuppart undlr llil. ~ stlal bl far Qol...W yes(s) ll'Om die Effec:tjve Date (the "Term). Following nolice ID Dalastram at least 60 days p1or ID lfle expntlan ot die T9111, of CultDmlr's desire ID renew, the HosUng Servk:es and Tecl1Support may be renewed for an alclllarlll or.-.,..-tann or other~ upon lime pMCld at the,_ identified on page 1 d this ~ Following the ltin:t yes, the ,-for su1aquer1t Terms d Hmllng Sew:m and T«IISupport sllall not Increase by more than ten percent (lO'Mi) over the pre,,ious v--s r-far 1111-Haltad Pn:xluctL A/ty suc:11,..... .. MljKt ID the Oty's appropriatkln of funds. 5.2 Either party may tl!minate 11115 Al.,'eemel1t If the ather party llrel:1191 dis ~ and such lnlch has nat been cured within 30 days of notice of such breach. 5.3 Upon termnalion or expifallon ot ll1is ~ prowled that c.-. ta paid Dltaltran 11 _.. cue undlr ttus Agreement and performed all OliiQIIIOnS reqlaled ID be pei1armld by a-Mr Ulllllr dis AQr--. DIIMran SIIIII UN co mmen:ially reasonable el'lbi1s ID asslSI: a-In lllsllllg III onllr1y and lfflclalll tranalan at Claa ID Cuaanw or ID ....._ __. chosen by CUSIDmer and sllall ~ rwtum CullDrl9's Olla ID a--• .. Onlcle eipmt Pl'CMdld 1m11q1 a.a.-, m - at no aoaitional ree. Dltaslream shall be paid II appliclble dW'Qa l'ar -*81 IWlllllal "-igh ftnll --... at"* ,,,...,... and snail be reimbursed itS reasonallle aut-of1)0Clca CIIIIS and e,,pmw inC:und In pnMdlig IUdl ....... -.... If ea.an.-Cllllra m employ the OitasVeam 71 AdvMced Repoi1ll1Q lunclionallly llbMng !Qr 1111 a.aian, .............. and .-allllill fl/ ~ f9Plll1:I (C09nos hcense whldl ,s an advanced reponing ,-.. CX1i11ainn9 ~ r9PQ1t bffll and ii pnMClld at ~ _... wlllll Oaiastream performs Hosting 5etwe hereundl!r) on ots own~ "*-ii)......., or -d tNI ...-, cu.i... - pu rchase an addlbonal license to ao so. ~.4 Upon expuman or m.nnalon d ll1is ~by..._ paty fllr IIIY ,-(llr -fll dllalllt or~), Oatasb'eam snail, (a) conDnue to prOVldl me HaDlg S.---ID t11a .__ PiiNU:l(s) ID tlla -,..._. 11W' ~ on u-._.._......_,..,_ Aqlffffl«lt No .. ENGL-005-1026 (•1026.vJA.04 21.05) ' ... .• • • - ( ( ·• • • ! \ l . l \ -~ writing for a period of no more than six (6) months, at the then current fees under tlliS Agreement and (b) provide such assistance as necessary to transfer the performance of the Hosting Services to anOlher vendor or to Customer itself. Unless such termination is the result of Datastream' s breach of its obligations under this Agreement, Datastream shall be paid aD applicable fees for such services rendered through final termination of this Agreement and shall lle reimbursed its reasonable out-of-pocket costs and expenses incurred In providing these final sesvices. 5 .5 Sections 5.3, 7, B, 9, 10, 11, 12, 13 and 14.1 will survive any termination ofthls Agreement. II. RaPONJWllJY f<lft AccouffI NI/MICl!IPASSWORQ. Customer is not responsible for any activity on Customer's account that is undertaken using a usemame that Customer has previously instructed Datastream to remove from the liSt of valid corpor:ate users, or that results from a breach in Datastream's system security that causes a compromise of the list of~ users maintained by Datastream. Otherwise, Customer Is responsible for all uses of its account, whether or not authorized by Customer. Customer is responsible for maintaining the confidentiality of Customer's account number and passwords. Customer agrees to immediately notify Datastream of any unauthorized use of Customer's account of which Customer becomes aware. 7. RESTRICTIONS 911 USC Of SOfJWNIC- 7 .1 Ir Customer takes delivery of the Hosted Produc:t and Hosting Services cease, Customer may make two copies of the Hosted Product needed for archi1lal or backup pwposes, provided that all proprietary notices and legends included in the Hosted Produtt are retained in all such ccples. 7.2 Customer has no r1ght and win not, nor will CUstDmer aldlorlze or assist Ollles to: (a) produce, manufacture, distribute or copy all or any portion of the Hosted Product, except as expressly allowed in llu Agreement. (b) disassemble, reverse engineer or decompile ail or any portion of the Hosted Product, except and only to the extent that such activity is expressly perrnitled by applicable law notwithstanding this limitation, (c) modify, translate, or alter all or any porttoo of the Hosted Product and/or (d) license, sublicense, assign, transfer, rent; lease, sell, encumber or OC!lerwise b'ansfer tille or any Olher rights in all or any portion of the Hosted Product. CustDmer wil not int-ernre witll or alter the announcement or <lspay of llcense 12rms governing the Hasted Produc:t 7.3 The lk:ense granted hen!ln is !J'1lfml solely to Customer, and not by implicalkln or otherwise, to any parent, subsidiary or affiliate of such person or entity. No right is granted hereunder to rent the Hosted Product, to use the Hosted Product for commercial time sharing purposes, to use the Hosted Product or Hosting Senrices to pemltlll services for thlnl parties (so-called •sernce bureau" or ASP uses), or to use the Hosted Produc:t to otherNise generate income from third parties. All r1ghts not expressly grned herein are reserved to Datastn!am. Customer may not copy, disbibute, reproduce, use or allow aa:ess to the Hosll!d Product except as expfidtly permitml under this Agreement. and Customer shall not modify, ~ translate, prepare derivallve works from, ~ rewne eng1,-., ft emble or Olherwise attempt to deri-.e source cede from the Hosted Product or .., lnll!rNI data Illes gnntect by the Hosted Product er Hosting Services. 7 .4 The Hosted Products may be accessed or used only by eu.tomer's authormd employees or oonsultants. Unless otherwise expressly agreed in writing by Datastream, CustDmer agrees to use the Hosted Products only in the United Stal2:s. Customer may not reverse engineer the Hosted Products. 7.5 Customer agrees to comply witll all ecpart and ,..ecpart ~ ,111(1 regulalons ("E,q)art Reslrictions") imposed by the government of the United States. Customer will not CDITlffit .., ilCt er omission that will IIISUlt in a breach of any such Elq)clt Restrictions. Customer agrees that it wlU comply in al respects wlltl any gcr.e,1,1e1~ Jaws, Olden or Cllller reslrlcllons on the ecport of the Hosted Product (and relall!d inbmalion and dacumentlllon) that may be imposed from time ID time bl' the ~ of the Unted States and canac1a ("1:lcpOrt Reqwementsj. CUstDmer WIii tae all aaions, wNd'i may be rea>nallly neamar, to assure that It does not coob-avene the Export requirements. L !jERylg Aytp MNIY-Datastream serAces shall be available ~l'oor (24) holn a day, seven (7) days a week, three hundred and sixty-live (365) days per year, and the level of av.&abillty shall be nnty-nlne percent ~) per week, exdudlng downtime and scheduled mai.-iance which shall be perfumed cutng nan-peak hours. For any cumulatlve time periods ~ than ona lieu per month that the oatastream 5enlias are ...available ("Oown llme") 11111: lffll*l:S CilSIDIIIB's ,ava and is ,-par1lld to o..r.m wltlin 24 hours, Datastream will muid or credlt.CUSIDml!r, • CustDmer's option, the -of fees er dlaVIS C-S bl' CUIIDna' ID ~ in an amount equal to that partton of the month 11111blable m the oi-i Time. c-511111 be ~ fllr pnMclng n«wortc Ind ISP connecllvity to the hosting Site that will guarantee a minimum end-to-end bandwkllh availablllty of 256kb or 3.5kb per Concum!l1t user, whichever is greater. Cusmmer shall also be responsible for ensuring that end-ID-end latency is 1soms or Jess. ~end is defined as from the user's desktop to Datastream's hosted routers. Customer agrees to update to the most clln9llly released version ol the Hosted Product at least ooce every 24 months. 9. Nnwog Ay•p MD m. 'The Hosting Serw:e will be responsible for maintalling ISP IWllwD1t m1M!dMty capable of sew:in9 all Internet traffic to and from the Hasting Sen,ice. CuslDmer may a,nnect ID the Hosting Sl!nlce using the lntaner. a VPN, er a prtvMe network connection. If Customer l!leds to ccnnect 1D the Hosting Service through the Intemet, CultDnw IS ~ far J)rO\lkllng their ISP connection to the Internet. If Customer elects to connect to the Hosling Service using a VPN or private network ccnnedlon, Customer Is responsibl e for prov,ding, installing, and manag!ng any required netwcrl< connections or ,-1,: hardware. MY required ~ ~ w.11 be ,n a lU rack mountable case. The Hosting Service wiU be responsible for racldng the tardwlre and pRMdlng Holllng Sen,ic;e ncwoi1< I P address information needed to configure the hardware. CI.ISIX)r'rlS's .--connedMty wll lllow for a rnnimum encl-ID-end blnClwidth ava1lab1hty of 256kb or 4lcb per Conwrrent: User, whichever is grullr. a-. shall also be r1!SpOflSible fllr linSUring that ~ latency 1s lSOms or less. End-to-end is deftned as fn>m the user's delldDp ID ~'s 1111118d -. 10 . CUSJOMIB'1P6IA-Dur1nCJ the tam rA this Agreement. upin c-, wr1t11n ~~ ~ will ~ Custo mer the Customer Data as an Oracle Elq)clt pnMded tlvougll Dataslrum's FTP -· Cusmmer shall pay o-eam fllr UC!I export ,n the amount of ssoo per export. Datastream agrees that all Custcmlr Data which are reclived, UMd or 5111111d in connealar1 with the HG1t1nQ S.-pnMded hareuncler, Is or w,11 be. and shall rematn the ~ property rA Custonw and 5NII be damld Confldanllal lnfllrmMlan rA Cumxner. ~m nereby wa,ves any lnmest, title, lien or ni;it to any sucn dlla. c..mm. DID 511111 not be (a) .-bl' 0--OCIW thin In Uce,--..-..---Agrnment No.: ENQ.-00~1026 (•1021.dA.04.21 .0S) ' D .. , •· • ·• • • connection with providing the Hasting Services, (b) disd05ed, sold, assigned, leased or otherwise provided to third parties by Datastream, or (c) co mmercia lly l!Xj)loited by or on behalf of Datastream. 11. LJMrnp 'WAfUWUY. Datastream warrants that the Hosted Product, in the standard, unmodified version, or as modified by Datastream ror Custcmer, will perform substanllally as described in the applicable documentation. Such warranty Is made for a pe,iod or ninety (90) days from the Effective Date. Datastream does not warrant that the operation of the Hosted Product or the Hosting Services will be uninterrupted or error free. Except as otherwise provided In the preceding section, Datastream's sole obligation and Customer's sole remedy in the event of a ~ach or any of the furegoing warranties Is for Datastream to make reasonable efforts to promptly repair or replace the Hosted Product to correct any such defect. Datastream represents and warrants that it has all necessary rights, licenses and approvals required to provide the Hosting Services and to provide the right to Customer to use the Hosted Product and the Hosting Sevtces. Oatastream represents and warrants that the Services performed under this Agreement will be perrormed by knowledgeable, trained and qualified personnel, using sound, professional practices and in a competent and professional manner. At installation, the Hosted Product shall not contain any malicious code, program, or other internal component (e.g., computer virus, compu121' worm, computer time bomb, or slnilar ccmponent), which could damage, deslroy, or aim' any COrnptm' program, firmware, or hardware, or which could, in any manner, reveal, damage, deslroy, or abr any data or olher lnl'ormallon aa:essed through or processed by the Hosted Product in any manner. Oatastream shall immediately advise Cus!Dmer, in writing, upon reasonable suspicion or actual knowledge that the Hosted Product may result in the harm previously de!a1bed. Datastream shall Indemnify and hdd CustDmer harmless from any damage directly resulting from the llilrm desalbed above. Except as expressly set rorth in this SecUon, THE HOSffD PRODUCT, HOSTING HRVIas AND MY RELATE> DOCUMENTATION IS PROVIDED •AS 15• WITHOUT WARRANTY Of MY KIND, E1THER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NfY ~ WARRAIITIIS Of' MERatANTAIIIUTY AND FITNESS FOR A PARTICIA.AR PURPOSE. Some Jurisdictions do not alow iirritallons on impled wamlfllles, so the abowe llmitallon may not apply ID License. In that IMl't, such -.anaes are ti mited ID the minimum warranty period atk-1 by applallle law. 12 hfflWcJuM. P1AP11PY 12.1 1'llllmIBctil9e oatastream ~ to defend CuslDmer and ID pay any judgml!nts, costs and expenses, or amounts paid in settlement to which Oatastream agrees. which Customer may sustain as the result any claim by a thin! party that the Hosted Product by itself and in unmodified form, or as modified by Oatastream for Customer, infringes such third party's copyrights, trade secrets, or u.s patents; provided that CustDmer provides DataslJeam with prompt wrillln nollce d any such claim or threat of such dalm and that Dat:astJeam is grant!CI full control and authority ID investigate, defend and/or setlle such clalm, pnwlded that such settlement does not involve an admission of Nabilly or payment of monies for which Dataslream has not indemnilled CustDmer. In the event of any claim that the Hosted Product infringes a tNrd party's irellectual property r1Qht5, Dalaslr&m may, at ils opllon and at no cost ID CustX>mer, proa,e the rights ID allow Custrnner to continue ID use the Hosted Product. modHy the Hosted Product so it is not infringing (in which case CustDrner shall immedla!21y cease using the infringing ~ ol the Hosted Pnxluct), or termlnam this Agreement and refund all fees paid by CUSIDm<!r pro-rated <Her the Agreement's Term. 12.2 LDgT&Jlllll!L Dalastr9m wta not be liable ID CustDmer If an iufl1ogement mlm IS based on (a) use of the Hasted Product(s) In combillilllon wllll any procllct, soft.ware or symm not delivered or appro,,ed tJr DGstram, (b) ~'s compliance with CuslDmer's designs. specillalbs or lnstrudlons. (c) CUSIDl'l1l!r's moc:llk:allon d a Hul!Jlal Pradutt In a namer causing it ID become infrillQing, (d) use of a Hosted Pradutt in any manner for whim It -not dellQned, or (e) use d any wnlDn or releale available at no additional charge which would have awided the claim of infringemert. This section po,,ldes the sale and eidusiw remedy of Customer will1 respect ID any claim ot infl1ngement (or the lllae) related ID the Huslled Prududs. 13. l.DgJ&pOf! Qf I IMP fl, EXCIPT AS PROVJDel) IN THI PIIIVIOUS SECTION, IN NO EVENT wn.&. ElTHl!R .. ARTY BE LJAIILE l'OR Alff SPECIAL, IIIC!DIIITAL. JNDJRaCr, IJCD9llMtY Oil ~ DAMMIS WHATSOOD. (INCLUDING, WITHOUT UMJTAnOII, DAMM1S POil LOSS OP •sm-l'WffS. .... 11 I ~ um OP IIUSINESS Ulf'ORMAnOII, Oil ,.,,., OTHIR l'KlallARY LOSS) ---OUT OI' A aaACH OP nas .......,. Oil CUSTOMER'S USE OP Oil lllABD.In' TO USE THI HOS1'ID l"RODUCI' Oil THI l'IIOVISICIN OP Oil DATAS1MAN"S PAILUU TO PRoYJDI HOSTIN& SERVICES, WHITHIR AIUSIN IN TORT (IIICLUDIN ~ COlfTMCI' OR MY 01Hlll I.HAL THEORY, EVEN IP SUCH PARTY HAS BIEN ADVISID Of THI l'OSSIBIUTY OP suat DAMAGIS. IN ANY CAIi, THI! MAXIMUM CUMULATIVE UABIUTY AND THI EXQ.USIW REMEDY POil ANY a.AIMS AIUSING OUT OP OR RELATU> TO 1"15 AGREEMENT WJU. Bl LIMITED TO THI AMOUNT ACTUAU.Y .. AID TO DATASl"RIAM. OR IN THI CAA OP CUSTOMIR'S IIRIACH OP NOII.PAYMOff, THI AMOUNT TO Bl .. AID TO DATASIMAM. The provis1C1ns of this secllun allocae the rlslcs under tliS Agreement between Datastrom and CustDmer. ~'s priong r.neas such allocallorl and the Nmllallon d liabillty set forth in this Agreement. Because some -and juriSdlclluns do not allow the eidusian or iimtallon d llabay, the above limitallon may not apply ID Customer. 14. GENERAL 14.1 Cot!fJRIIUt#m. All CustDmer Data Is the confldentlal and prl)llf1-y p,opsty d the CUSlllmlr, and the Husted Product and the HOSl!ng Sen,ices (and tiler respetllve doalmenlallon), .. the anldlrllial and prapn«ay prapaty ot ~ and include trade seam ( colieclMty 'Confldenllal Infllrmalionj. Confldnlal lnbmldon slllll also lnClum, wilhuut lldallun, al ftnanclal, technical and buSlness lnformloon ot the other J*lY and al lnbmlllon llllt Is idlnllfllllle tD a pallaar lndhlllWI rall8d ID lhe Olis party and each of ther respeclive Afflliaa!S, dins, ~ and attw ..._ will! whom tt-, do ~ thlt Is dlldl-1 ID the ,...,;ng party. SubJea ID the apploCable prov,sions ot the Cokndo Open Records Act, CRS 5«llarl 2+72-101 • •· • -.1111, uch party "MIi held the Conftdenllal !nformallon ot the other party 1n conlldence and ~ ft l'rom c:lldollA ID 1Nrd par1lls and 'MIi UM it orty as intended by this Agreement. However, rece,v,ng party may grant a ~ l*farm,ng _. far llllt paty, -m the dbdo9lnO party's Con Meneal !nformadon, 1t the consultant execuies a nondisclullln ~ tar tile blnlftt of Ula r1IC8W'g party, and tile rece,v,ng party assumes resQOIISll)dity for rnwotantng the conftcllrclallt d sucn lnfllnnMlun by tlW cansubnt. lnfarmmon 511111 not be consioereo Conndtrlll* In~ to the -ttat 5Uth ~ is (1) ...;y .._, tD the-. l*'Y he of any..-at tile ame 1t IS ootaJneu from the cwlt9nQ party; (b) ~ lamed r... 111 1 ...,.-.ll 1Nrd paty he ot .., ,_ and u--.--.-....- Agrttmenl No =-OOS-1026 (01026.vlA.<M 21 .0S) ' • • -( ·• • • without breach of this Agreement or any agreement with such party; (c) ls or becomes publicly available through no wrongful act of the receivi ng party; or (d) Is independemfy developed by the receiving party witholA: any reference ID the Confidential Information. Notwithstanding the foregoing, the receiving party may make any disclosure required ID be made by such reaiving party under applicable law or an order, JudcJment, decree or subpoena of a court of competent Jurisdiction if it determines in good faith that it is necessary ID do so provided, however, that the receiving party shall give prior written flOlice ID the disclosing party so that the disclosing party may seek an appropriate protective order or other remedy or waive the provisions of the Agreement. In the event that such protective order or other remedy is not obtained or the disclosing party waives, in writing, compliance with the relevant provlsions of this Agreement, the receiving party will furnish only that porHon of the ConfldenHal Information which, in the written opinon of the reaiving party's counsel, is legally required to be disclosed and, upon the disclosing party's request use good faith R!asonable efrort:s ID obtain assurances that confidential treatment will be accorded ID such Confidential Inli:lrmalion. The receiving party adcnowtedges and agrees that, In the event of a breach of any of the fa-egoing proyisions, the disclosing party will have no adequate R!medy in damages and, accordingly, shall be entitiecl ID injunctive relief against such breach; provided, however, that no specification of a particular legal or equitable remedy shall be construed as a waiver, prohibition or limitation of any It.gal or equitable remedies in the event of a breach hereof. Customer agrees ID approve a mutually ao,eed press release indicating seJecljon of Datastream as its vendor for the Hosted Product and Services. 14.2 Jam. Customer Is solely responsible for all sales, use, and similar taxes, if any, payable with respect ID the Hosted Product and services proYkled pursuant ID this Agreement. In no event shall CUstomer be R!SpOIISlble rcr oatastream's franchise taxes or for taxes based on the net Income of Datasln!am, neither any taxes or official charges based on Datastream's employment or subcontracting arrangements, or equipmc,t, tools or property, whether owned, rented or leased. 14.3 flWS!PCll!S The provision of this Agreement wta be blndng on the partleS' SUCC2SSOR and ~ Upon noace ID the other party, either pa,fy may assign this Ag-eement In whole or In part a, any alllllab! or subsiclay, or any party acquiring substantially all of the stock or assets of that party. Any other assignment shall R!qUR the prior wr1ttl!n ~ of the other party. 14.4 ArnJc.w.1 uw. This~ will be~ by and a>n!lbUed In accardalce wllh the laws d the United States and the State of Colorado, witholA: regard ID Colorado's conftlct of laws rules. Fwthermare, DataslTeam shall comply with all applicable federal, stall! and local laws, statu:es, regulations, rules, eiceclA:lve Oftlln, government clrecllves, go,,emment circulars, or binding pronouncements of or by any government (lndudlng any department or agency theR!cf) having ju1sdcllonal atd1orlty over the performance of services under this Agreement. 14.5 l'!llmm. All notices, requests, demand, or other communialionS ID or upon the respeai,,e parties roost be In writing and will be deemed ID have been !jven upon ~ thereof a, such party by Cl!ltifled mail, rebaTI recept requested, ID the addresses noted below, or as the same may be changed from time ID time b'( notice sJIT1larly given : If ta 9lltPmlr. If IP PIIN'IN!S Data5lream Systems, Inc. SO~Plaza Greenvtlle, SC 29605 WIii! I cppy tp; Attenllon: Aallntlon: Oirf!clDr of ASP' Hosting With I PIPY Ip; Dll35lream Systems, Inc. so Oiltlsllum Plaza ~· Solitl c.wJlna 29605 Almlllon: Genl!nl Counsel 14.6 111JJ11! ns PI· This .Agre:m~ induding al Altachmenls, constllutes 1he entin! agreement between the parties with respect ID the SUl>jeet mattl!r hereof, and supersedes and repaas all prier or contemporaneous undentandlngs or agreemem, wrttten or oral, regarding such subjm matller. No amendment to or modiflcallon of this~ will be binding unless in writing and signed by a duly authorized representalh,e of both parties. This AgR!ement wlll be inl!!rpn!led fainy In accordance with its terms and without any strict construction in favor of or against either party. Orders for all products, prol'eWonal serllicl!s and support provided by DilaStr&m will be governed by the terms of this Agreement. No additiaa tl!rmS ecpressed In I Custx>mer purd\ase order, iffiaice or other Similar fcnn wll vary the terms of tNs Agreement. Datastream's deli-y of product or sa-..ces or any other actloll ( other thin Mitten KCeptanCe by a duty authorized officer of Datastream) shall not constituU! acceptanee of such adllllonal tams. 14.7 foBCC M&JCUflL Each party ID this Agreement shall be excused from perfonMnce, and wiH not be liMlle for any period and ID the extl!nt that sNCh party is prevented, hindered, or duyed tram pemrming 1ny Services or other obliglllons un'1er tnis Agreement, in whole or in part. as a result of acts, omissions, events, causes, or oonclllons beyond the reaonable conll'OI of such party, which include, by Wily of illustralion Ind not limitation, KIS of God; KIS or OITIIS1iolls of die othl!r paty; tNrd l)lrty RIWt-Plffl)rfflanee; KtS of government; dvil di$obedience or insurrealon; lode~; ~ eff1111rVDes; m:s of CNil or nilitary llallanly; nllional eme geueies; labor stnkes o r dlspU125; fire, flood, or catastlophe; _. ornats. 14.8 AIIIIIII-o--eam shall maintain ~ and KCinte records of and supporting documentation fer Ill transactions, finanoal and non-ftnandal, ttlat R!5Ult from or n outed in comecllon WICt1 ~·s parformance of its ft~al 1nd operaoonal obllgaaons under this Agreement. All such records shall be kf!!Jt in ICXOrdance Wlltl genaaJly actepled acmunllng pnnoples applied on a consistent basis. Cusmrne.-may, at its sole expense. perform an audit of a.-um's rea:iros in connaclion WIit\ the SaMces orovioed under this Agreement. Upon Cuslx>mer's -nallce ID ~. a--sllall pnMde ID CUmlmlr and its 1.-nal and external auo 1tors , ,nspeaors, regUIMDr'S and other 1ep-.-tna CUmlmlr nay._,_ from lime ID lime. -• r-,nable ,ours to Dacistream personnel and ID Daaslrum records and othl!r paUnMt inltlmallan, ii ID IN -appliclble ID IN s.wa uld lJanM .... -... -....-Aq!Hmfflt No.: ENGL-005-1026 ('1026.vJA.04.ll.05) ' • • Datastrum's obllQltlon uncle' this~ 14.9 J1WUDAL Oitastream agras that dur1ng the term d 1111s ~ It .,. fflllntlln, at Its own expense, Insurance In tne 1blkMlng Amlts: I) General IJablllty • $1,000.000 per oc:annce/$2.000,000 AQllregate H) Autxlmablle lJablllty • $1,000,000 per occurance/$2,000,000 Aggreglte Ill) Wortas Compensallan/Em Ullbllty-Slatullry/$1,000.000 Datastnaffl shall provide I am3l1t CB1lfk:Ma d inSurance evklendng such CIMnge upon QllliDlller'I requelt. Phone: Fax: (864) 422-5000 u--..-.---,.._ .... , --IUI (•lUl.dA.IM.21.DI) C I •nr. LAM 2 1/11:ijl scd._..Walllr Tr-tflllll: By: Name: TIie: Adlns&: Phone: Fax: .... - ( ·• • • I~ I I k.J Datastream 71 Haamd Introduction Datastream Systems, Inc. (Datastream) offers technical support (rechSupport} to customers who choose the Datastream 71 Hosted environment as a product solution. Datastream provides two levels of Datastream 71 Hosted TechSupport: Bronze and Platinum. The following Is a desaiptiOn of each level ofTechSupport. Bron11 Jed1Sypggrt Datastream provides the follOWing services as part of its Bronze (standard) Hosted TechSupport Telephone Support TolHree telephone support is available 24 hours a day, 7 days a week, exduding holidays. Datastream's TechSupport tl!lephone number is 800-365-{;775 and the fax number is 864-422·5000. Ramote Support (Meeting Center): Oatastream's TechSupport analysts access the customer's computer system via a Web address for pn,blem diagnosis and correclion. The custome,-must have high-speed access to tile Internet before using this service. Software Updatas: Supported CU5IDmerS will aiiomatically l@Cl!ive al solbae maintl!nance ...,elates. Updates include problem corrections or product enhancements. Datastream wil install the updates on the -· Additional charges may be Incurred for Integration and sllipping. Software Upgrades: Supported customers will receive special pridng consideration on flme software upgrades. Latanl Migration: Supported customers may exchange Datastream 71 Oracle license for Datasb-eam' 71 SQL license or DatastJeam 71 SQL license far oatastream 71 Oracle llc2nse. Intarnet Aa:w ID TecllS, ,. 11t Questions abcu Dalaslream software may be submittled via e-mail to sulVlf'JIMalil2nMm 0¢ CIISIDml!rS can use Datastn!am's Web sill!, www.datastream.net,, to ~ product Information and request product~ Onlne DataslrMm WebAnalyst: This Web-based diagnostic tool Is available via the Oatastream Web site at www.data5l7eam.net. Ths utility allows custDmelS ID self-<lagnose problems using a dedskln tree based on the Datastream Support Knowledge Base. CuslDmers may also aeatie support Incidents through this ~ltty. This service Is available 24 hours a day, 7 days a week. Reporting: Custcmers may report faults by telephone 24 ton a day, 7 days a week. MM.lwwnm: ~ wll mainlaln the Hasted Product so ~ N: aperall!S In subltanllal adarmily with the documentation applk:allle ID SUCh HOsled Product. a.t !ffwtll: Datastream will use Its reasonable best elbts ID COITect mastal defects that are reproducible. ~ In conriedion with the proper per1brmanc,e rJI maintllnance work punuant to this ~ Customer agrees to promplly nollty ~ rll -, ..-Ill ddeds In a Hallal Pnlduct and ID l'8SDllably cmpeate with Datastrum In identifying and reprodudng such emn or OQICDifomilles. Pnl tire: The fl*Millg promue IS lad lbr Ille lll!lp,desk. The only time !his procmure IS net fdlowed Is when a Project Manaoer is SliU assigned as Pl't rll a project. a) A pc1551ble software problem iS tlsaMred by Customer. b) Customer describes al ~nt lnfarmllion abcu the problem on Help-Desk Request Form provided by DlitaslJ'eam. It possible, screen prints should accompany the fllnn dellvaed to oatastrewn. c) A ~ flx or a:kiiiMledg,,ent wil be S8lt ID ~. An acluiDWledgment wll pravkle you with a reference number, priarily amiglwnent, and anlidpill,d ~ date. Priarity Auign-c:.s..: Att. an lr*lal a,alysls, if a problem l1IQUl!St l'1lqURS bther ~. a l'l'mltt Support Group ~ .. will 9'ltllr the "'l)Qrt into ~'s on-line problem tndclc,g svani wl .agn N: ona rll ltll followi09 priority aSS1911ment codes : @ Critical -Cn!ical represencs a a1lk:al problem where the. prodoctlon system Is ~ or data carruption is occurring . Resources are ns,gned immeciallely and the problem Is wartced on until resolved or unlll an ~ble wor1<around Is found . If a problem ~ a significant fault QU5ing maJGr dislurtlanas ID users, resouus are assigned within twenty-four (24) h<US and remain assigned unll a,mpllbd. Wirt is amed cu dlaing normal business hours. @ Hi!lh -High representS a minor problem 111£ rll sufflcilllt -ttv as ID !9qllire mredlan befare the next software rdeaH. A woncaraund or canealon ..,. generally be issued Wllhn tnltty (31) days. @ Medium -Medium ,.-,a an lmt311ng or non-dsruplive ~ INit 'MIi be car.-d In Ille nm softwlre "*-. @ -I.... w t ....,._ (PIA) -OltBrelm re.iews al ~ and Ii -po-dl05e lllat it c.-. into !he ' neJ<t released the~ ODslrum mliles 1111 llnll ~ llS ID whldl PUis may be b,capo,..S Into the Hasted Product. Senic•....,.. P 1 I a a C. nadelD Dalasbum's ~ 71 HoaadTedlSl.tpplrt-~ on a,,,.._ rst Served baSIS, Uc--.--.-...-··--·1-ltlA -"'Jft.....,. No. [NQ..;JOS-1026 (tl026.wJA.04.21.05) ' .. • • PIIUoYD! TechSupppd 0 CJ In addition IXl the Bronze features, Oatastream provides the fullowfng additional services to custDmers who choose the Platinum le-m of TechSupport. Dedlcat.d s.,lcar-1..Mel TechSUpport R~tatlva: Datastream assigns a senoor support analyst to manage customer accounts and to riotify the customers of the assignment and any ruti.e changes to the assignment. This senior support analyst coordinates fixes and Mainb!nance Release updates, as they are available. Rapid can-In Reapo-: A ptima,y dedicated analyst Is available from 8:00 am-5:00 pm EST. calls received alb!r 5:00 pm are handled by pager support at 800-J65.6ns. Monthly RepcNt Datastream provkles a list of calls as well as a list of defects repcrted and their anent 5latus. ~m determines the report date for that time period. Weellly ContKt: oatastream proac:tlvely calls the customer each week. Prablem Reporting: If the customer finds a problem In the softwate, oatastream provides a status update within 48 hours of conffrmatlon by Dat:astream TechSupport. Tl1ese Issues are submitted ID the Oellelopmert Department and scheduled for resolution. ~m makes available ID the cuslDmer any possible WOflcaround. Iwwpfirtf d The serAces and programs ~ In ttis TecllSuppa,t Paicy wil be provldlld lt'Om the US offlce and rendered under the followlng provisions: Technical Contacts: Cusllxner may designate one primary and one badtup indhridual. CuslDmer's designated lleChnical aintacts are the sole liaison between the Customer and Support. Cusllxner wm be charged a l'ee to deslgna addltionll contacts. bd....., The TechSuppart described atio..e wUI be caried cu on a subNquent casting basiS at Dataslrum's then-«fecliye rates, if before or duing the malnll!nance wortc It becomes apparent that any d the fl*lwlllg acllarls i-ocaned. a) The mall'undlon has accuned as a l1!Mt of ciralrnsl3llca that are nat Daasln!lam's fa*- b) The c:cndltions desaibed In the~ Sl!Cllan above are not~ c) The soft.ware has not been used In confmlity with ~'s inStrucllans. d) The mall'wldlon has been caused by hlrdwlre defect tram ~ owned by CUstDnw or localed on ~ premises, or has arisen • the rs.ft of III lnbmlptlon In CuslDms's paws supply or the presence of (el«lra)magnellc or relahd lnllulnas on a.smn.'s premlsils. Chargea: Customer may Incur a diarve fQr ~ ID respond Ill a requmt ID lnvesllgllle a dl!l'ect or other problem that Is not aMl'ed by TecllSupport. Suell requests rnay lndude the ~ ll2ms. a) Necessary or ~esl2d mocllllcallous to custom ...... anaci, lnslalled, or ,_ CUSlllffl salboae that has become necessary as a l1!Mt d the nblallon d a ,_ tNnl-party .._. ,--. or as a resi.ft of relase a,nd/or Yl!nlDn changes In the IRIB1ylng RCIIMS llld/or madlllcallcllis Ill the operallng $Ylb!ffl. b) Adlvttles that eum,,.. dalarmlna .. dakable or -V· Oral ~ llc:llon: For II ilCIMtles nwlllOned In this Palley, It the ac:INille arill flam Illa IIPQlllng r:I a l'ault, or III cnl or writll!n request for asslslance, the I* biiWLe dtfae aclMlll!II 511111 not reqme a ..... padw mdlr ID o.a.ar-. Adcllll a .. Dtlt I _........,........., You may~ Tacll5uppalton ~ ..... fflCldultl lbr Ill addilonal r.. These modules inducle the f'alDM1g but are not llmil8d ID B111:oc11n1J. Data Calectlon, Mable. wartcAaw, OtlMr-.i 71 Buy, ~ Module, 21 CFlt Part 11, BAIM, ~. and Dllabrldge. l,tlligi llllun: Customers may purchase TechSuppo,t for lnle!,allon fQr III adcllla,IIII r.. Fa _. dtplnd on the saipe ot the Integration project and .... be dlll:ailed In I sepaala documert. Fora Majau,9: Dalaslr9lllll shall be aaaal flam 1M ra HWO. and wa not i. lltllle tar an, parlad and ID the -.It that Datastream is ~ tindered, or dllayed tl'Om pafannng any 5eMml or dllS llllllglllaiLI undtr 11111 ...,_._._ In llrlllllt or In part, n I resUl of adS, omillions, -. ..... or ainclliora bayalld b ,___ Cllillnll, whidl indlllla, !Ir _, d llullnllon and not llmitalion, acts d God; ads or omissions ot the ather pa,ty; tN.d paty ,-.per1brmance; aas ot gcMl'MW'lt; dYil disobedience <X IIISUITedlon; lode-~; l'reigl1t embargoes; acts ot dvll or milltay ..iatty; rllllonll -ge,llde, labor slJllcel or disputes; nre, ffood, or aiastrophe; _. or rials. Sllipping: Any shipment to the customer will indude ~ cumr-.: ~ clllrgta. Rellltta-If I custon9's product has not bes, Clll'lllnuously CXMNd by T.:nSuppa.t 11111 the aalloins' wisllS Ill ,..._ coverage, the CllSIDmer w1• be charged ~'s lllen llfflllt list p,tca plus 100. lbr adl 1111111111 that la!ad, 5uppart Terms: When subsalbing to TedlSupport. the custamer -.. ID and ac:capt the 1Bm1 ot the OCtillre.n Technlcal Support Policy . TechSupport wil automatlcally ,-unless the CUSIDnW naallel Datlllr9lm In WIiiing IWflE ; (90) cays prior to the expiralion of each period. Datastream may change " updltt the Technical 5uppo,t Polley Clll'9Cllve as ot the neict TldlSuppa,t tsm. u--.-.-....-~ No .: ENGL..00~1026 (111026.vlA.CH .21.0S) -· ' ·-.. • • ( ( •• • • Attachment B Implementation Services COit Elltlfflllte Summary Services to be provided: CJ Professional Services have not been finalized at the time of executlon of tl'ds Agreement. If requesb!d from Datastream, such Services shall be provided at Datastream's Rat Rates for Professional Services. Total Travel Expen~ Estimatt ...................................................................... $TBO .,. ,. .... ~Of l'UTRAff!I January l, 2005 -December 31, 2005 Penonnel Charges• • .. ,,,_. ·. 'f_ , Senior Project Manager ········································-····..$2,000/day + Travel > DBA/IntegratDr ·······--····························-·············-··-$2,000/day + Travel > Senior Consultant ................................ -........... -.. -...... .$1,800/day + Travel Travel outside of normal worl<ing ho= is charged by the hour at one half of the standard hourly rate. •Persomel includes dln!Ct and contract employees; payment IS based on an IHlOUr wor1alay or a '40-hour workweek. Deily Raia Clarge Services provided on a daily rate include up ID 8 hours per day. Hours woriaed in e,ass at the 8 Illus will be charged at the standard hourly rate. Weekend wor1< rates are inaeased 25'!6. times the dally rate, which is added ID the standard fee. Other Chllrges Outside services, equipment, and l'adlitles not furnished directly by Datastram will be biled at cost plus 10'!6. and may include, but not be limrtl!d to, the following: Meals and lodging Printing and pholDc)-aphic reproducllon Renlal of equipment and velides Telephone Shipping Senric:as Cancellation Polley Spedal r.s, permits, lnswance, etc. SllbcDnlradxlrs ID ~ Supplies Transpartallan an public canters Bonds required by pnlject or client In the event Customer must ancel a scheduled services engagement, CuslDmer will be charged a ancellatlon ree dependant on the time of cancellation. Cancellation fees are as follows : If Cuslllmer cancels while the Service representative is ac:IIWly engaged in prollklng ~ upon ser.ices ID Customer, or between 0-72 hoots before the Services repeerGtive is scheduled ID begin his/her engagement with Cuslllml!r, then Customer will be im1oiced 100% of Service fees in addition ID all Travel fees/penalties lncwred due ID the cancellation . If Customer cancels between 72-120 hol.Ws before the Services ,ep,esentative is scheduled ID begin tis/her engagement with Customer, then Customer will be invoiced 50'!6. of Service fees in addition ID all Travel fees/penallles incuned due ID the cancel lation. Th= cancellation fees il)ply to the fallowing: • All scheduled, _. wor1< In whicl1 the S.WZ rep is ID travel ID the dienl's 911! ID pnMde 5r;lc:es • All scheduled, olkile work in which the 5eMa ,.P is ID pro.ide 5eMas not llll'*V19 travel ID the dMrlt's site (this would apply ID CustDm Oeweklpment, lnlllgrallon Dewloprnent. Oltl eon-, S.-Docu~, ASP installation, and Other otf-91e ser.licl!S wane.) Cancell aoon fees do not apply for any penod and ID the extent !Mt eumx-is prevented or delilyed as ~ result at acts, omissklns, events, or cond,oons beyond the reasonable CX>l10'CI ol CU!IIOmer, indudinQ. ilCIS at God; .:ts of governmer,t; C1-.il dllolledience or iRSUrT«tion; national emergenaes ; labor sa,lces or~; 11,e, flood, or ..-uphe; w or rials. u.....--...-..- Aq!Hfflelt No .; ENGI.--OOS-1026 (11026.•JA.04.21 .05) .., ...... ' • • -- ( ( ·• • • (";' ' \J Attachment C This Service Level Description describes the operating characteristics and environment of Datastream's Hosting Service . Definitions: "Appllatlon Availability" means the percentage of time !hat the hosted DzastTearn applicatkln will be usable by Its customers. Application will be considered usable unless a seventy 1 Issue results In a substantial loss of service to its customers . "Data c..nt.r" means the entire physical operation(s) provided to host the Datastre.am platform. This Includes all hardware and soltwin utilized in the provision of services located behind the service demalOltial point. "Incident" is defined as a material hardware or software component l'allure, security leak, or an event that results in slgnitlcant performance degradation, system unavailability or security exposure. "Nelworll: Avallablllty" means the pen::entage of time !hat the hosting neb,Qf1c wBI be avallable to carry nawork traffic between Datastream's system and the termination point of Ille ISP's uplink to the pubUc lnlllmet. "Sener Availability" means the percentage of time that the ~ used to host the Datas1ream Platform will be operational and will successfully ex~ the necessary -'>, applk:atlon, and __,_ -,allwse. "Senlce DalMrcation Point" means Dataslream's border router that Is used to establish connectivity from Datastream hosting facility to the publlc Internet. Datastream is responsible fir delr,ery of Datastream Platbm Aa:ess capabilities to and including the Service Demarcatklo Point. "System Avallalllllty" means the availabillly ol Ille Platform fir general use by Its customers and represents the combined ay>il>NI~ r,f ""'YQks, serves, and software. "Syslllnl A........, Pwtad" ..-.s, -=eiit as Olhl!rwlse prowled herein, 24 holn per day, seven days per week, e,ccept fir agreed System Maintenance Periods. "Synan, ~ Pwiod" means the time period(s) shown In the following sedlon, <!wing which platfcrm access may not be available because of~ system maintenance, system and __,_ mdcups, upgrades, and other Data Center hasting reqLirements. 1. s,-. Mal~ ...... Darastn!am wttl constantly strive to keep ¥rf downtime, planned or LSIPianned, ID a ninlmum.. Fnlm time tD time rnairananal will haw, to be performed an the Site that may require some mlrimal downtime. The schedlAed maintenance windows are (Eamrn time): Sunday morning from 12:01 a.m. ID 2:00 a.m. Friday morning from 12:01 a.m. ID 2:00 a.m. Although these maintenance~ are sdledlAed, they are nat --vs .-I. Ant sdl8duled daM1llmes wll be ~ Yia email notlllc:allcns sent ID CUSIDmer adn•atiatus. , Oatasln!am and itS infraslnJctln and service subconlJactln will prowide wel>-hosting ser,,ices ("Ser,,ices1 for the Mil sill! ("Site") in accordance wlltl the pnMSicn baow, Whk:h senicl!s wll include: (a) s«:vnty -DataslJUm wil use ..;ous security ~ 5Udl as lln!Mlls and lrCnlllan Clltedlal\ ID restrict and moritDr access. Daastream wll ldze pn*5sional llrewall ~ ID PIIMflt ffllliCiuus con.-use and prolllCt CUllllffler data. ~m will equip the homng networlt wlltl atacker defenses and configure it wilh .:ur,ty -~ng da and unaimonzed networ1( ;aa:ess from other subnets Wllhn the Datntream plllfarm. ~ wll employ an lntJusion detection system ("IOSj to monitDr 11etwortc attxlcs, and tale appropriala measuns ,t,oukl an Incident occur. ~m will ha-..e vulnerability scans performed an the site to dell!ct ~ and provide ~ Wllll recommenmlionS fir comcnve actions. DltaslrUm ... install wus proll!Clian --. an its ~ senws. /It a ninmum, die a-earn wlll conduct the ~ secunty .....-.ance operations. (b) a. Monthly tl!stlng and exan*lallan of the lln!will rules ID insure that security Is~ b . Oalmlream Wiil mDnllDr i*kat nfflc at indllftMd ..-;ng paints In Iha.,_..--. c. For the pwpose d intruslan deCectlan, 0-m will a,mpare inbound an,:J/or oudlound tnfflc wilh known tlYut Slgnat\lre5. d . ~ w,11 Mlle YUlnarmllty sans performed an Ille Sita and tam CXllT9t!M ICllarll tD minna idlntlfleO 'l\aneraDil!Oes. e. OatasrTeam rnonmn and ~ DIMS seady, 1ndudlng .tmlnlslalng (1111111a. ulls, and Cllecldng 11:lr s«unty proolems. f . DallSUUIII w,U tnml W\ll P,-. ltllftloar'e on itl ~ -. Audit -OIIJstrum shall emptoy I tlllrd 1*tY auditing flrm eql8rMrlCed n ps(omw)9 ~ secu,ty IUClitl ID perfarm I SAS 70 -ype II aua,t on the hmlln9 enwo,,,_ ITlllfUIMd by~. sudl auait ID be made III campltlnm -the ..--..-.---.~ No.. ala. S-tOM (•Ula..JA.~ -c ' .. .. • • ·• • • 0 requ irements for a Type 11 audit under Statement of Auditing Standards Number 70. Copies of the SAS 70 Type 11 report will be mad e available to Customer in electronic format upon Customer's request. (c) Facilitit!S -Datastream•s Hosting Services will provide Data Centl!r hosting facilities to support rustomers' remote access to the Datastream platform. The Data Center will resvict physical access to authorized par1ies only and employ the use of cameras, securtty guards, and locked cabinets. Datastream will use regulated and redundant power supplies, environmental regulation systems (e .g. moisture detection, temperature regulation), fire detection and suppression equi pment, HV AC systems and continual s~m monitoring to ensures~ availability. Tlle present location of Oatastream's hosting services is UUNet's Premier datacenter located at their wand headquarters In Ashburn VA. {d) (e) (f) A vailiJ/Jility -Datastream will, on a continual basis, monitDr the Site and will use Its reasonable efforts to keep the Site fully and compl~ accessible to customers during the System Availability Peiod, unless there is an event beyond the reasonable control of Datastream or a subcontractor lhat i.-.Upts Site acceswility. Tlle Symm Availability Period is outlined vv1th specificity In Appendix 1 of this document. S~ Availability will be measured and reviewed each month. On a weekly basis, there will be scheduled System Maintenance Periods during which acx:ess to the Site may be unavailable. Dfsastt!r • For purposes hereof, a "Disaster" is defined as any cataslrophic faihft, inducling but not limited to, flood, earthquake, power loss, lnte'net connectivity loss, major llaiwae or ~ falkft, malidous allaCk, that renders the primary Datastream Data Center inoperable l'or more than a twl!l-.e (12) lmur period withou: an imminent Indication of reco-.ery. Datastream maintains a disasll!r reaM!l'f sile at their Gnenv1lle, South Carolina ~ where OJStomer data is repl~ on a continuous basis throughout the day. Dataslream has a dlsaste' recovery plan which is updated annually and includes periodic ll!Sting. Redundancy • The network will support high availability and fault tolerance through the use of mutiple web, application and database servers, and redundant networ1cing devio!s, induding rolel'S, firewalls, 9"'ib:hes and load balancing devices and will support public Internet acx:ess through diverse pad1s. oatastream's current Site uses tl1n!e (3) physical access points and nine (9) different backbone providers. (g) Monitoring -Dataslream prov1des system monltDring ~ ror the purpose of monitDl1ng and measuring system availability and performance. (h) s«urity Scans • Datastream wiH corotract with a third party ID perlorm req1Nr security scans on al severs on the Sill!. Any identified vulnerabilities wiQ be resolved with sea.wity patches or coofiglntion changes at the -11est possible time. (i) Support -Datastream will provide "Data Ce!Ur", "Netwcn Availabilit(', and "Serwr Availability" relall!d technical telephone support 24 hours per day, 7 days per week, subjett ID reasonable response times as wined In Appendix A of this document (0 Emt!rgt!l)Cy downtlrM • When emergency ma1n12nanae res'*lng rrom l'll5ling -or ..-1c: failwe is required, Datast1um 'Mll .-e Sl!Nices as quicldy as posslllle and will pro,lde rdke, ID the extent pcmlble, as ID the estimated reco-.ery time. Whenever possible, a solution that lessens the implCt on systenl availability will be utlllzed . (k) l'tannt!d downtirM -Olbkle of regular maintenance wlndaws, Dll3Slr9n will not take a symm or componert that affects the hosted application ~ of service l'or enhancements or upgrades to salboae or hanlwa'e or Oll1erwi5e disrupt the nonnal operation at hosted appllcallons without first nollfylng ~ 411 haurs In advana! of suCII an openi11on. DaQslream will take a proactl,,e approKh to milvrnzlng systenl and ....... ~ (I) Administration -Datastream is responsible tbr debugging and resahlng applicallall prulllems, inducing prdiems ~ the software components of the system. ~ perfarms al inalltlon at OGslrUln's products and conftgwes all hardware and sottw.e ID perform optimally with those products. Dastran uses fflDlillJring lnl'armlllon ID ensin that the system perl'orms as planned. Datastream pro'lides e.peienced datibase adml11IS11atk.l1 5l4Jl)Ort l'or Dltaslream's proClucts. Datastream will install new versions and uivades ID dGbBes ~ wltll Dllastnlam products. ~ is responsible l'or maintaining the ~ of the dmlme. Dalmlran Is responslllle tar capmty planring and sizing to provide a continuing level of l!Xallent serw:e as the -laR i,-. Dalaeam wll Cllllllnullly monilDr synm, application, and database performance and N!ba1e tnese tm,jiUieilS as ns:asary ID pn,vlde apllfflll performance. DaQsbum will provide a schedule r.r tOUtine ....-..nee and will any cu: this ..........,_ a ..qulrw:I. ~ will lead and conduct rectM!r( efforts in the event of a system or component 1'1111.ft that necessilates data resunlion. 3. Data a.dl·upo, Rastaratlan, and Archh•• Retrieval (a ) Baekups -Datas1ream Is responsible tbr planning and eteCUllng al sya,n and daallllSe badalpS. Ail system and Increm ental database backups (hat) WIU be performed daily. In ildlltlan to Ulls, a l'ul tape ~ will i,. perftlrmed once a week fel lowed by incremental tape baclcups ~ day the reamindlr of Ille --. /It the 11111 at a::11 WINllr, the week's tapes w,11 be taken off sltl! and stDn!d i n a hardened fireproof ...-tbr !ill days. Badc-..pa will anllt at dltll, databases, and applications as well as conllguration pieceS requiffll to resta'e the CU5IDmel' lnalatlon. Dltallream is responsible fer reviewing backup logs daily and conflrming that all badwp operations-complellld successfully. (b) (c) Rt!StrJration • Datastream will begin a ~ process l'or resunllon at a aastanw's primary data ID tlleir pri mary data area within 4 hours of the request being made. ~ Rt!lrit!vill • As a ~ senrice l'or lill iddlllonal Ille not Included In the IDfflll hmtlng -. a-urn_. perform restoralion of rusmmer ard'ive data ID a separaie -lbr ardM ll!ll'NMI. ~ tbr ardllW lnlbm*klll rllffllval nut be scheduled ahead of time With DiCiisoum and~ wil perlorm this_,..-*' a.----of tlmL 4. lnci'*'t Raportmg Li <•••n<II H-.,.-....- .lgreetnent No.: ENQ.--005-1026 (•010 26.vlA.04.21.05) AM-bdt--C ' • • ( ( In the event or an Incident. Datastream iMII engage the services ot support teams, Including hardware and softwa'e whe-e necessary, to resolve the Ind~ To the extent requl~ Datastream wffl assess the Impact at the Incident on customer ~ availability and provide status reports l'l!ganing It ID custcmer. Dalastream wiN maintain a detailed lnddent report and post on Ille Datastream.net portal for · CIISIDmer administrator access. u---.._. ........ __ ~ No.: ENGI.-OOS·1026 (•l02l.•JA.04.21.0S) •••n1aa••1c • t • • (J COUNCIL COMMUNICATION Date: Agenda Item: Subject May 16, 2005 9 C ii Purchase of Flusher Truck Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Recommendation from the Utilities Department for Council to approve, by motion, the purchase of one, new Sanitary Sewer Flusher Truck. Staff recommends awarding the contract to Williams Equipment, the lowest technically acceptable bidder, in the amount of $115,875. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed sewer flusher truck is used for removing accumulated solids and debris in the wastewater collection mains. All sanitary sewer mains are on a maintenance schedule to be flushed at least once a year. The truck will also be used on a contract basis for line maintenance for South Englewood Sanitation District and part of Cherry Hills Village. The purchase is being recommended to replace the existing 10-year old Unit #1399, a 1994 GMC Sereco Flushing Truck, according to the CERF replacement schedule, but was held over one year because of budget constraints. Requests for Bid were sent to ten vendors; six responded: Rush Truck Kois Equipment Co . Boyle Equipment Co. Will ia ms Equipment Kois Brothers Equip. Terex Utilities $125,0S $119,32 ~ $118,500 $115,875 $114,929 $108,305 Options included in the base unit are a cold winter recirculation system for water pump operations, side panels to cover the pump area, a hand-held spotlight with a 15 foot cord, a quick disconnect switch, and an engine kill switch at the operator's station. The two lower bids were not accepted because they did not meet the chassis requirements required in the bid specs. . ,•· • • FINANCIAL IMPACT Williams Equipment is the recommended bidder at $115,875 . The entire amount will be funded by the CERF Fund . LIST OF ATTACHMENTS Bid Proposal Tabulation . Summary Specification Sheet • • .. •• • • . . ~ ..... .. ' . . .. .,. . . . .;., ..... ·, . .. '• .... · . . , ~.·· .. ... .. . •. I . •• • 4 ... \· r.:., . . . : . . ... ·, · .. • -J . ' \, t • ·~----~-• City of &1ewood Bid Tabulation Sheet Bid Opening: 4/21/0510:00 a.m. ITEM: 2005 Sanitary Sewer Flusher Truck Vendor Qty Flusher Truck Paris Manual WIiiiam• Equipment Mike 303·513-0149 1 $ 115,875.00 • 126.00 PObox340 I Henderson, CO 80640 Kola Brother• Equip Ernie 303·399-7310 1 $ 114,929.00 $ 250.00 4950 Jackson Sf 1 Denver, CO B0216 Terex Utilities Included Joe 303-202-0304 1 $ 108,305.00 $ . 6511 Colorado Blvd 12 I Commerce City, CO B0022 Rush Truck Center Ernest 303-298-7370 1 $ 125,097.00 • 300.00 5165 Vasquez Blvd : . Denver, CO 8216 Kols Brothers Equip Included Ernie 303-399-7370 1 $ 119,329.00 $ . 4950 Jackson St Denver, CO 80216 Boyle Equipment Co I Included Larry 303-281· 1200 1 $ 118,500.00 $ . 1550 Dahlia St Commerce City, CO B0022 Power Motive Boyle Equipment Tranaweat Truck• Colorado Mack Sale• Shop Service Operator Manual Manual Total Bid Exceptions: Included Included Enor In addHlon total bid $115,900.00 $ . $ . • II . 118,000.00 SN bid documents Mfr. Frelghlllner Included Included $ . $ . $ 116,179.00 SN bid documents Mfr lnternatlonal Included $ 250.00 $ . $ 108,555.00 See bid documents Mfr. Aquatech II , ,1 \,,·\ I :;1,,,l·.\.. Nol Noted $ 300.00 $ . $ 125,897.00 See bid documents Mfr. Peterbullt Included Included $ . $ . $ 119,3211.00 See bid documents Mfr Frelghtllner Included Included $ . $ . • 111,500.00 SN bid documenta ., Mrf. Vactor NOBID NQBID NOBID N0 1BID ' • C C STATE AWARD SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES YES IF YES, AWARD#-----=----------- MANUFACTURER OF VEHICLE -4,,(,1...Jac ... _~...,.u .. o?J ......... _____ _ MODEL OF VEHICLE HS /f{X) H ft AIR CONDITIONING @) AUTOMATIC TRANSMISSION ~ POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT NEW ADDITION TO FLEET YES YES YES YES @ YES NO NO Cf@) ~ <@:> ~ NO @:> Utt!,tt~ DEPARTMENT VEHICLE ASSIGNED TO _4.,;..:f-'-/=l:,_05 _ __...a..: COMMENTS : U?rma I Cerf C<p Ince mor t:-. • t .. , ,. • • COUNCIL COMMUNICATION Date: Agenda Item: Subject May 16, 2005 9ciii Council motion setting a cityWide sidewalk sales event to be held on July 23 , 2005. Initiated By: Staff Source: City Manager's Office Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance 47, Series of 2000, authorized public sidewalk sales for community events or celebrations. RECOMMENDED ACTION Staff recommends Council approval, by motion, establishing July 23, 2005 as a citywide public sidewalk event.. BACKGROUND Prior to the passage of Ordinance -47, Series of 2000, sidewalk sales were prohibited under Tide 11, Chapter 3, Subsection 3 of the Englewood Revised Municipal Code, which prohibits obstruction of highways and public passages. Ordinance 47, Series of 2000, provides an exception for public sidewalk sales . The City Policy established for public sidewalk sales allows for such' sales to be conducted only in conjunction with a City authorized public sidewalk sales event The date of Saturday, July 23, 2005, in conjunction with the planned Classic Car Show, has been proposed for a public sidewalk sales event through discussions among the Old Town Englewood Merchants' Association, the Greater Englewood Chamber of Commerce, and the Alliance for Commerce in Englewood. FINANCIAL IMPACT N on e. LIST OF ATTACHMENTS Non e. t .. , . • • PLEASE PRINT NAME City of Englewood AGENDA ITEM 10 (a) PUBLIC HURING ROS--TER- DATE: May 16, 2005 ADDRESS t ... .. • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 16, 2005 10a Amendments to 16-6-6: Fences, Wall and Visual Barriers of the Englewood Municipal Code Initiated By: Staff Source: Community Development Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION City Council considered the proposed 'amendments to 16-6-6: Fences, Walls and Visual Barriers on first reading on May 2, 2005. Council set a public hearing for May 16, 2005, to consider public input on the proposed amendments. RECOMMENDED ACTION Staff requests City Council consider public testimony during a Public Hearing and approve the proposed amendments to 16-6-6: Fences, Walls and Visual Barriers of the Englewood Municipal Code. BACKGROUND Phase 1 of the Unified Development Code (UDC) project focused on the general update and reformatting of City zoning regulations. More detailed updates of major sections of the Code are planned in Phase 2. Since August 2004, the Planning and Zoning Commission has conducted seven study sessions on proposed amendments to 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 the proposed amendments during the March 7, 2005 Study Session. Though there were no substantive amendments proposed to existing subsection 16-6-6:03 Garage Entrance/Alley Sight Distance Triangle, Council requested that the regulation be deleted from the UDC because it caused many existing fences to be considered nonconforming and would not allow replacement of such fences . 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. • • ORDINANCE OVERVIEW The proposed amendments to 16-6-6 : Fences, Walls and Visual Barriers are intended to simplify a nd clarify existing regulations and update fencing and retaining wall regulations as follows: Establish 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 76-f>-6:03 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. Prohibit creosote and chromated copper arsenate (CCA)-treated materials, including utility poles and railroad ties, for fences and retaining walls . Prohibit elecmcally 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 Bill for Ordinance. • • ( BY AUTHORITY 0 (J ORDINANCE NO. SERIES OF 2005 COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER~~~~~- 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. WHEREAS, Phase I of the Unified Development Code (UDC) focused on a general update and reformatting of City zoning regulations; and 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 follow s: 16-6-6 : Fen ces;-W&Hs; and Vi91181 B&l'fief!I Retaining Wa)ls . A. P11rpose. The following provisions establish standards to regulate the design and location of fences ,~ and , islllll ellffiers retaining walls in a manner that en sure s the following : 1. An attractive environment of safe , desirable character; 2. Reduced potential for pedestrian or traffic conflicts; and 3 . Protec tion and security for the owner and adjacent parcels. -1 - ' . .. • • (J B. Applicability/Permit Required. I . Applicability . a. This Section shall apply to all new fences, walls, er i!Dl1 Y¥.IIIM eBfflef9 retaining walls erected or installed after the effective date of this Title. b . This Section shall apply to all fences, v, alls, er lWd visllfll barriers retaining walls existing on the effective date of this Title. Nonconforming fences,-walls; and vts11al barriers retaining walls 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 term "fence" shall also include any visual barrier. as defined by this Title. 2 . Pennjt and Zoning Site Plan Required . a . Zeeiftg Sile Plee appre·,al is ~11iFeEI far all eew feeees, walls, er ·lis11al barriers creeled er ieslalletl after lhe effeeli'le !late ef lhis ~ A Pennit and a Zoning Site Plan review and approval shall be required for : b. ill Construction of au new fences or retaining walls erected or installed after the Effective Date of this Tille . ill Replacement of more than sixteen feet (16') of existing fence . Replacement of au or any portion of an existing retaining wan . Alteration or modification to the height. material or location of an existing fence or retaining wall . ill Alteration or modification of an existing fence or retaining wan affecting sight distance Zeeieg Site PIBH re·,iew BHtl appre·,al ia Nllft!H'e& fer BHY s11l111881ial aheratiees er eitpansiees ef a feeee, wall, er ,..i,INII llarrier that eitisls ee lhe effeeti~ e Hie ef this Tifle . fer pwpeees ef this s11llsee1iee "s11bsl&Hliel ellefflaliee er e1tpMBie11" IIIIBBS either (I) the replaee111e111 ef all ef BH 11ti1liftg feeee.1-J. allJ,..i-1 Nll'ie,, e, (2) ee111ple1t repairs le BH e11:is1i11g feMelwallJ. ilMI Nl'l'ie,, i11eh1tliftg l,111 -2- t .... .. • • ) eet limited le , replacemeet er releeatiee ef a gllfe, replae-eet ef BB e11tire seetiee ef feeee l,ew, e!" peat&; replee-elll ef all feaee piekete, BBII replaeemeat er releellfiea ef eemer er gale feaee pHto. "Cemplell repair" weulll typieally net illehllle simple repairs s11eh 1111 replaee111e11t ef illlli'lidllel piekel8, er repleee-111 ef peoto ether theft eel'ller er gatepe8to . A Permit and Zoaing Site Plan review are not required for simple repairs such as replacement of individual pickets. posts or less than sixteen feet (16'} 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 : All fences and retaining wans shall be kept in a state of good ~ I C,-~-Visibility: Sight Distance Triangle . The City Traffic Engineer shall determine I. compliuice with sight distance standards in connection with all permit applications and shall be authorized to vary these standards depending on site conditions. Street/Street Intersection Sight Distance Triangle. No fence, wa11,er, ether ·, isllal 1,arrier yjsual obstruction or retaining wall over three feet (3 ') in height above .the grade of the adjacent street shall be erected, placed, planted, or allowed to grow that obstructs tbc view of pedestrians on the sidewalk or obstructs tile traffic vision at intersections. 1=lle City l=raftie B11plleer shall deteRIHlle ... 11..,.,t iat8fl11tiaa eight lliltwe IPiaatl• NtflHN111ea11 l,111d a11 1ite eaalliliem. -3- • t .. 2 . Street/Alley Sight Distance Triangle. No~ visual obstruction gr retajnjng wan over three feet (3') in height above~ grade~ adiacent street QI alley sball be pennitted within the twenty-five foot (2S') 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 (2S') along the street curb line ("8") and twenty-five feet (2S') along the alley center line ("A"). T"ne third side of the triangle ("C") connects these two sides, creating the sight distance triangle. Figure 16- 6( S) shall be used to determine cross-comer visibility at streets and alleys. Figure 16-6(5): Street/Alley Sight Distance STREETINENUE PONT OF INTERSECTION ______ a_ ! ~--•~ ....... --- A-C.._Ntey LN, 1'wenir-fhe (25') feet BsCutb h, ,-..,.. five (25') .... ~-G81'9se EialrMeerlAlle, Sipt l>islllllee Tl'iagle. >re , iallel eh11Nelie& ever three feel (3') iR heipl ahe,e g,ade shell he permillell wilhiR the sill feel (6') sishl llislllaee lfiaesle e,ealell 11 the iRllll'BHliBR ef a garage ealreftee aed ane,·. Fi811fe 16 6(6) shall he 11sell le detel'llliae the 'lisihility at driveways aed alleys. -4- • t .. Figure 16-6(6): (RESERVED) 4-l Driveway/Street Sight Distance Triangle. No visual obstruction over three feet (3') in height above grade shall be permitted within the ten feel .fggJ (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 sidewaUt exists, the sight triangle shall be determined by the City Traffic Engineer. -s- Figure 16-6(7): Driveway/Street Distance Triangle ' ' ' ' ' • t .. • • C 0 0 9~. Fence Classification~ BfFenees, Walls t1fltl Jl~11t1l &,,.,.e,..,. A single unified ~ style fer fe11ees, walls , and ·1is11al h8ffief8 is encouraged. Classification of fences, walls, BHd ,,.is11al l,8ffieP.1 shall be as follows : Mmmll, such as cast or wrought iron, galvanized steel, aluminum r other decorative metal fencing materials Barbed wjrc or other sharp wire shall only be permitted per inyl, plastic, or composite fence products designed specifically for fencing urposes . ~d Ill~ mi~ie Ille h~gh ltlllffll'/ ffl8terials .iR ~IHs .1, CIHs. i!, er CIHs ombination fences shall ee fe11eelnall/~egelel1e11 consistiRg of two or more 18elfflltt<.14el! materials pennitted within the zone district . Barbed or other sharp wire Fences shal) be constructed of materials customarily used for pennanent fencing in the Denver metro area and approved by the City Manager or ~ -7- ' • • i Prohibited fence materials· The following materials shall be prohibited . Creosote or chromated copper arsenate <CCA} treated wood products. utility poles, raihoad ties. plywood. fiberboard. salvage wood, corrugated metal sheet metal, scrap or salvage metal, PVC pipe, chicken wire, snow fences, plastic weaving. or plastic slats for use in chain link. Electric Fences. Electrically charged fences shall be prohibited in an zone districts. Plastic construction fencing may be used only for temporary construction fencing . Fr. Alai111ett11111ee. All feeees, walls, &118 ·1i!i1181 IMll'fiel'II shell he ltept in a state ef geed repail'. The p,epefty eMler shall sign 8B agNelBe&t te eeetin11e11Sly IB8ifttain the feeee, wall, er 'lis11al harrier fer the life ef the strlletlll'e, 'Nltieh agreement shall he iftel!Mled as part ef the Zeaillg Site PlaR appre·,al 888 eafereeahle llfteer this Title and 1111der sll ether applieahle Mllaieipal Cede p18visieas. l. 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 districts, as described in Tables Hi (i €i.2, l(i (i €i.3, wJ 16-6-6-1 thru 16-6-6.4 belew: -8- ... • • -1-A -1-B -1-C -2-A -2-B U-R-3-A . Solid Construction 1 4 ' . Open onstruction RONT SETBACK: 0 0 '\, . Solid Construction 1 4 Fences in a front yard shall not ·nterfere with or obstruct vjsjbjljty ..---------lL-------lL-------IIJl'll·lhln_· a required sight distance ' . Open Construction : ·angle . -R-3-B 1--------,-----.------1 l . Residential . Nonresidential IDE ETBACK/FENCES EHIND THE RONT ETBACK LINE : olid and/or Ooen ' xcept as noted n dditional equirements Fenc es in a side yard shall not · nterfcre with or obstruct visibility · · a required sight distance iangle. ' • • one i•Jri!:t onstruction AR SETBACK: olid and/or Open onstruction A WITHIN I, 2, 3, 4, , 6 , xcept as noted n dditional equirements • (J IS FEET OF RONT ROPERTY INE: A combination fence may be permitted here a solid masonry base shall have a 1--------+----..-------iaximum height of three feet (3') and ecorative metal material built on top of at base shall have a maximum height of 1-----------------t"'ree feet (3') and shall be at least 7S% REA BEYOND IS FEET OF RONT ROPERTY LIN ~~!d·~Rrear and side~ ifences hall not interfere with or obstruct isibility within a reauired sight distance et the ieterseetien ef the alley ' • • ( -1, 1-2 I, 2, 3, 4, 5, 12 , ef7 I, 2, 3, 4, 5, 12 , M7 1,2,3,4,5, 12 , ef 7 i . Additional Fence Standards. ~-Barbed Wire . a-.0,l Barbed wire or other eBBgerettsly sharp fenee 81Blerial m shall not be erected or maintained ~in: EB (a) Any residential, TSA, or business zone district. ~ (b) Wttltttt ~ny yard area of a property within an industrial zone district that abuts or adjoins property in a non-industrial zone district. b.{ll Where allowed, barbed wire or silftilar -tel'ials other sharp wire may be erected on pcnnitted fences provided the wire or material is installed at least six feet (6') above grade and docs not exceed the pennitted fence height. -11- t • • ~-EleetFie Fe11ees . EleetFieally ehMged fe11ees shall e11ly he e,eeted er 111&H1tai11ed i11 i11d1:1stFial i!e11e distriets . Hewever, eleetrieally eharged fe11ees shall 11et he pefflliUed i11 a11y yard area ef a preperty wilhlll BR i11d1:1strial distriet that al,1:1ts er adjei11s preperty i11 a 11e11 H1d1:1strial distriet. ~-Fe11ees a11d Walls Ge11eral Height Stal!dards . Height means the distance of the vertical fence surface measured from finished grade to the top of the vertical surface . e.illfil or posts between vertical fence surfaces may exceed the maximum pennitted fence height by ten percent l10%). Trellis and Gate/Entry Features. Trellis and Gate/Entry features may be pennitted provided they do not exceed a height of eight feet (8 '} above grade . a. ~ When a fence is erected on top of a retaining wall, the height of the fence shall be measured from the top qf the retaining wall. e, ill 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. £. Design and Location . W Separation between post!piUars shall be a minimum of five feet f5'}. '5-. m Decorative Materials . Decorative materials, including but not limited to tile or glass block. may be incorporated into the design of permitted classes of fences and walls upon the approval of the City Manager or designee . ill Fences in Easements . Fence s may be permitted within easements . However. th e City shaU not be re sponsible for the repair or replace ment of fe nces that must be removed to access such ease ment s. '4) Fen ce s Adia cent to Public Sid ewalk . AU fences shaU be located on th e owner's property but no closer than one foot <I'} behind any publi c sidewalk . 6-. !la Lighting . e11 Fe11ees BRd Walls . 61tteFier area seellrit, ~ighting may ett\y be installed e11 fe11ees er walls leeated ill the I I er I 2 distriets. provided such lighting is controlled by an automatic light level switch -12 - ' ..:., .. .· • • - ( • • • • 0 r-1· '.l..___) and is downcast and shielded so that light is directed into the site and not outward toward the pefilfteler adiacent properties. +. ~ Fences for Swimming Pools . Please refer to the Englewood Municipal Code for fence requirements for swimming pools . 8-. f: Temporary Fences . Temporary fences for construction sites or similar purpose shall comply with requirements of the & !;!uilding & ~de adopted by the City. ~-Feeees ie Bese111eets. Feeees raay be peflftitted withie ease111eets. Hewe\•er, the Cily shall eet be respeesible fer the repair er repl11ee111eel ef feeees that 11111st be re111eved te aeeess s11eh ease111eels. g. Retaining wan Classifications . Quu Alternative J'andcqr; timbers. Material shall meet EPA residential use standards. Other materials commonly used for retajnjng wan, in the Denver metro area and approved by the City Manager or desjgnee . 1 Prohibited Retaining wan Material: Utility poles. railroad ties. or any creosote or CCA treated materials shall be prohibited . H., Retaining Wall Development Standards . 1 Retaining walls shall meet all applicable Building Code standards adopted by ~ ~ Retaining Walls Adjacent to Public Sidewalks. AU retaining wans shall be located on the applicant's property but no closer that one foot <l '} 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 th is Ordinance is necessary for the preservation of health and safety and for -13- ' ... .·' • • • • the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 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 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. _fenal!y. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 2nd day of May, 2005 . Published as a Bill for an Ordinance on the 6th day of May, 2005 . Douglas Garrett, Mayor ATTEST : Loucrish ia A. Ellis , Ci ty Clerk I, Loucrish ia A . Ell is, City Cle ric of the C ity of Englewood, Colorado, hereby certify th at the a bove and fore going is a true copy of a l3ill for an Ordinance, introduced, read in full , and passed on first reading on the 2nd day of May , 2005 . Loucrishia A . Ellis -14- ' • • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs, do solemnly swear that I am the Managing Editor of THE ENGLEWOOD HERRLO and that same is a weekly newspaper pub· lished In the City of Utttetor., In the County of Arapahoe, State of Colorado, and has a general circulation therein; that said news- paper has been published continuously and unintem,ptecly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the amexed notice; that said newspaper Is entered In the Post Office of Littleton, Colorado as Second Class Mall matter and that the said news• paper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30, 1923, and entitled "Legal Notices and Advertisements' and other acts relating to the printing and publishing of legal notices and was published In the regular and entire issues of said newspaper, once each -k. on the same day of each week, for a period of 1 conaecu1lva ln&Mions and that Iha ~~;= was In Iha lllUtJ-~ . 2005. The last publication of said notice was in the Issue of said newspaper dated -----------2005. ~~ Jeremy S . Bangs Subsc ri bed and swom to be{i. me, a Notary Public, is {p day of D . . . -~ . -. .... ' . t:AiulaifiNi".: lllli:•: I· ,. ,• ClrClll'II .. , .... , . ..,., ........ ... 1 • • 1 ......... d,...., . ••• -.c111 •11110 PUal ..... , .. - "INGLIWOOD HIIIM.D " ~ '2 J.6 t • • For your consideration Public Hearing Council BiU No. 14 Fences Amendments to Unified Development Code of the Englewood Municipal Code pertaining to Section 16-6-6: Fences, Walls, and Visual Barriers For Record: Notice of PH published Englewood Herald May 6, 2005 BACKGROUND: Fencing regulations were reformatted during phase 1 of the Unified Development Code (UDC) • Phase 2 UDC -more in depth review and update PZ conducted seven study sessions since August 2004, The Commission focused on clarifying and simplifying existing regulations Also at the request of City Council o permitted materials o corner lot fencing issues = no change [ City Council reviewed all of th e proposed amendments during the March 7, 2005 Study Session. · I 51 Reading May 2, 2005 SUMMARY: proposed amendments are intended to • simplify and clarify existing regulations and Consistent with rest of UDC • update fencing and retain wall regulations to ~at~o ~F@a sta,.es: ds Address previous c mn nit)' concerns regarding permitted materials ' • • , ' I " • • 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 16, 2005 11 a i Amendments to Title 16 Englewood Municipal Code (Unified Development Code Housekeeping Amendments) Initiated By: Staff Source: Commun ity Development Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Commission held a public hearing on the proposed amendments on April 18, 2005. The Commission, by a vote of 6 to 1, recommended approval of the proposed amendments . RECOMMENDED ACTION The Community Development Department recommends that Council adopt a bill for an ordinance approving the proposed "housekeeping" amendments to Title 16 : Unified Development Code (UDC) of the Englewood Municipal Code . Staff also requests that Council set a public hearing for June 6, 2005 to gather public comment on the proposed amendments. BACKGROUND The adoption of Title 16: Unified D eve lopment Code in February 2004 was the first major rewrite of zoning and subdivision regulations in almost 20 years. The project reformatted, reorganized, and updated the Code as well as established new regulations. Due to the complexity of the reorganization, it was anticipated that small oversights and errors were inevitable and that a "housekeeping" amendment would be initiated to correct them . Over the past year, staff identified numerous amendment issues or topics that were reviewed and considered by Planning and Zoning Commission during multiple study sessions . ORDINANCE OVERVIEW The majority of the proposed amendments correct omissions and clarify, or provide consistency with other sections of ntle 16 . Three proposed amendments address new material to the UDC and are included in this housekeeping measure because each is a small addition that would not warrant an indi idual ordinance process for each topic. The final proposed amendment, 16-6-11 : Historic ' ... • • Preservation, is included at Council 's request to resolve ambiguities in the Chapter related to the use of the terms application and nomination. FINANCIAL IMPACT There is no direct cost associated with this Ordinance. UST OF ATTACHMENTS Bill for Ordinance. Staff Report Planning and Zoning Commission Findings of Fact. C ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR 0 0 COUNCIL BILL NO. I 7 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING AMENDING TITLE 16: UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000, THESE ARE HOUSEKEEPING AMENDMENTS. WHEREAS, Title 16: Unified Development Code was adopted with the passage of Ordinance No. 5, 2004; and WHEREAS, Ordinance No. 5, 2004 was the first major rewrite of the zoning and subdivision regulations in almost twenfy years; and WHEREAS, Ordinance No. 5, 2004 reformatted, reorganized and updated the Code as well as establishing new regulations; and WHEREAS, due to the complexity of the reorganization it was anticipated that small oversights and errors were inevitable and that a "housekeeping" amendment would be initiated to correct them; and WHEREAS, this proposed Ordinance incorporates corrections, omissions and clarification and also provides consistency with the other sections of Title 16; 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 2, Section I , Subsection C (l)(b) of the Englewood Municipal Code 2000, to read as follows : 16-2-1: Administrative and Review Roles. The following entities comprise the review and decision-making bodies with respect to administering this Title. The roles and functions of these bodies are described in this Section and summarized in the table contained in Section 16-2-2 EMC below. C . Board of Adjustment and Appeals. 1. Administrative and Review Roles Under this Title. The Board of Adjustment and Appeals ("Board") shall have the following responsibilities in administering this Title: a. Appeals from Building Permit Denials. The Board shall have power to hear and detennine appeals from refusal of building permits. b . Administrative Appeals. In addition to such other jurisdictioo as authorized by law , the Board shall have the jurisdiction and power: -1- ' . .. .. • • (I) To hear and decide appeals from and to review any order, requirement, decision, or determination by the Chief Building Official or any employee in the enforcement of this Title, or similar Uniform Codes adopted by the City, except the Model Traffic Code, and to hear and decide all matters referred to it, or upon which it is required to pass under this Title or any amendment hereto. (2) In deciding upon appeals, the Board may reverse or affirm, wholly or partly, or modify any notice, order, requirement, decision, or determination of any employee of the City in the enforcement of this Title, and to make such order, requirement, decision or determination as in its opinion ought to be made and, to that end, shall have all the powen of the enforcing agent. ~) Te hear and deeide appeals whee it is alleged *-is III ener ill My re1111iremeat, deeisie11, er deteP1Ri11&tiea lll8de 1,y the Reed Plain !,dmiBistrater in the eafere-eat er admiBistratie11 ef this Title. c. Zoning Variances. The Board shall have the jurisdiction and power in specific cases to make specific exceptions to the terms, or modify the strict application of the provisions of this Title, according to the procedures within and consistent with the general purpose of this Title. Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 2, Section 2, Table 2.1 of the Englewood Municipal Code 2000, to read as follows: 16-2-2: Summary Table of Administrative and Review Roles. The following table summarizes the review and decision-making responsibilities of the entities that have specific roles in the administration of the procedures set forth in this Chapter. For purposes of this table, an "(Approval) Lapsing Period" refen w the total time from the application's approval that an applicant has to proceed with, and often complete, the approved action. Failure to take the required action within the specified "lapsing period" will automatically void the approval. See Section 16-2-3.L EMC, "Lapse of Approval," below. -2- .. t ,. • • nncxation Petitions 16-2-S ppcals to Board 16-2-18 omprehcosive Plan I 6-2-4 mmdmcnts -3- ooe ooe days to reeonl ODO ODO oae ODO • • ~ond1 tional Use 16-2-12 • l> ~ ·-1'crm11.< ,J ,J ,J ~ndilional Ute • 16-7 • D ~ ... _ rretecommunicat ion ,J ,J ./ ,J ~•c lopmcnt 6-2 -U ~ p "•ltllldito ~,__ .. ~.- J1oc,d .... Dev't. lleea..,..1._. ................................ ,-.;, ... Flood ~laiaVll'IMCCI ................ , ___ ~ ! § g i i ~ . imitod Re-riew Use ~6-2 -ll b ~ ',.. ,-;11 • ~ajor Subdi visions 16-2-10 P reliminary Plat • ~ p " ....... ./ ,J 1--Fiul PIii ~inal Plat • ~ b jiOdlyslo-,J ~ $1 .... _ .,._ ~ • b iO*YslON<Gn! ~-Pw.hllll ""' ' ~ecordcd Final Plat 1-/one Minor Subdivi5i on 16-2-11 l',eliminary PIii b A ~ monlbs to ,J ... bmil Final Plat I Final Plat b ~ ~ days to m:orcl Recorded Final Plat 1-/one Offic ial Zoning Map R R b None Amendmeell 16-2-7 Rezoning) ,J ,J ,J Pvcrall Concept Plan ~ yean to 16-2-8 R R l> ~val of OCP) ,J ,J .. Sile Plan .. UDand TS A 16-2-7 R IR b .... one. but ace ~czoning ,J ,J ,J P<;P lapac 'Temporary Use 16-2-14 b A ~stated ill Pennits ,J Pamit µnli stcd Use 16-S-1.B b ~ 1-!oac lassifica 1ions ,J ~S*"-~<>-2 ·9 p I' .. iz,,.;.., v ....... D<>-2-16 It b " " " MID•CIIJ~• ......... 1 ................... ..-..T_) ,c ......... _.l.ailllC- ""C •CIIJC-MA -....,.,~-~ Section 3 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 2, Section 3, Subsection L, of the Englewood Municipal Code 2000, to read as follows : 16-2-3 : Development Application Procedures. L. Lapse of Approval. I . Lapse or Approval--Gcoeral. Many City ilMiw decisions to approve applications covered by this Title are based on an expectation that the applicant intends to proceed with the proposed action as described within a reasonable amount of lime, and many approvals are therefore time-limited. The table in Section 16-2-2 EMC above summarizes those lapsing time frames or period Ci ty approvals of these types must be followed by action by the appl ican 10 develop or alter the property as described in the approved appli cation before the cod of the lapsing period-or the approval shall be of no fur ther force and effect. 2 . Extension of Approval Periods. An applicant may request, and the deci ion-making body that granted the original approval may grant one (I) extensioo of the approval for a period equal to the original lapsing period. Exten ion requests shall be evaluated on the basis of compliance with regulation and policies in effect at the time of the extension request, and will be allowed only when the following conditions exist: The provi ions of this Tille or this Chapter must not expressly P,rorubit the xtension ; and b. The extension request must be filed in a form established by the City and include all exhibits and recs ; and c . The applicant evidences that ·:he delay in taking action under the approval was caused by circumstances beyond the applicant's control. -6- ~ years ISC>days t • • ( ( An appeal from a determination to extend an approval time frame shall be made to the appeal body who would have heard an appeal of the original approval. ~. Teanioation of Postponed Application. Any application made pursuant to this Title which ~ postponed or continued for a period of one hundred eighty ( J 8Q) days shall lapse. Section 4. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 2, Section IO of the Englewood Municipal Code 2000, to read as follows : 16-2-10: Major Subdivisions. Approval of a Major Subdivision Plat is required whenever a subdivision of land will req~ the dedication of land for public rights-of-way,--•. or public areas. Approval of a Major Subdivision Plat requires a two-stage process involving (I) approval of a preliminary plat by the Commission, and (2) approval of a final plat document by the Council. The Minor Subdivision process in Section 16-2-11 EMC, shall apply where dedication of land is not required and to certain boundary adjustments and lot consolidations. Section S. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 2, Section 17, Subsection D, of the Englewood Municipal Code 2000, to read as follows: 16-2-17: Administrative Adjustments. D. Permitted A.djustment.s. 2 . Scope of Authority--AII Adjustments Except Reasonable Accommodations Under FFHA. An application for an Administrative Adjustment that is not related to a request for "reasonable accommodation" under the Federal Fair Housing Act may request only the following types of adjustments: a . Side or Rear Setbacks: Adjustments to any side or rear setback standard may be permitted as follows : -7- • • • - feel Inches ~- ~ ~- feel foot feel fool feel feel b. Principal Dwelling Unit Expansion: Adjustments may be permitted to the front and/or side setback standards for one-unit detached residential dwellings to allow .expansion of the principal dwelling's habitable space to match an existing front setback encroachment as follows: C. ( 1) The front and/or side setback encroachment existed on the effective date of this Title. (2) The linear frontage of the facade of the expansion shall be less than or equal to the linear frontage of the portion of the dwelling that already encroaches into the setback . (See Figure 16-2(1): C must be less than or equal to 8 .) (3) The addition or expansion shall not extend beyond the front and/or side building line of the principal dwelling (not beyond the leading edge of the existing encroachment.) However, no addition or expansion may encroach more than five feet (5') into the required front setback . (See Figure 16-2(1): A may not be greater than five feet (5'). Existing Front Porch : Adjustments may be permitted to existing, unenclosed, covered front porches that encroach into the front setback, subject to compliance with the following conditions: (I) The porch encroached into the front setback prior to the effective date of this Title . -8- • • .) ( ( -• • •• 0 0 (2) The adjustment shall not increase the existing encroachment into the front setback; and (3) The porch shall not be enclosed. tL New F1'61tf .%f'elt: Adj11slffle11ts may he peABitted te allew ee11stfltetie11 ef 11ew ee~·ered perehes ti fellews: (-1-) The pereh shall 11et e11ereaeh mere th&11 ii, e feet en iBte the reEJ11ired fre11t setl,aek; BA& ~ The pereh shall eet l,e e11elesed. 82· Off-Street Parking: Adjustments of ten percent ( I 0%) or less of the minimwn number of required off-street parking spaces, as set forth in Section 16-6-4 EMC, except such adjustment is not available for one- unit or two-unit dwellings uses . Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 2, with the addition of a new Section 20, of the Englewood Municipal Code 2000 entitled Historic Designation . Historic Designation. ~ ~ This Section designates historic areas and landmarks for the educational. cultural. and economic benefit of Englewood citizens. Due to various pressures that may result in the destruction, impairment or alteration of historic resources that reflect elements of Englewood's cultural and architectural heritage it will be the policy and responsibility of this Section to: 1 Designate buildings, structures, sites and areas that arc reminders of past eras, events, and pcrsonls) important in local. state or national history. which provide significant examples of architectural styles of the past. are landmarks in the history of u:chitccturc, which arc unique or im;pllceable assets to the City and its neighborhoods, wruch provide for this and future generations examples of the physical surroundings in which past generations lived, or which are archaeologically significant. ~. Develop and maintain the appropriate environment for such buildings, structures, sites, and areas. which reflect varied architectural styles and distinguished phases of Englewood's history. Encourage the protection and preservation of architecturally significant or historic structures or districts . IL lniJ.i.gJj on. An application for Historic Designation may be initiated by those partie s identified in Section 16-2-3 .A EMC . -9- • ' ... .. • • D 0 . The City shal r~ fon 16-2-3 .G. l!.-d « wllb S..... <h ai•cn in "= . . IIHI PIil'. Rf« -' l>< -. th< apphOlllOD, . IIHI '°"""""' . The City shall review agency for its re':1ew he Commission City Rey,ew. . Department or -. for review by t I. hearings "ed pub IC -blished notice of reauir I uire that pu _ anv City endatton r cant application to report of its recomm furnished to the app ~ . shall prepare a f the report shall be an ·1 A copy O · · n for ,odCOllll<I ., --. wdu:opplu;II~ Kl · ssion shall revie . d with the purpo The Comnu ___ · gnat1on an_ . """ th< " •r bcumo on . . •..., ooofllDDIID« -hllll bold A PU< -· the Commiwo.. -o1 -· and 5 ---h heanng. --r the QCQoos_ l!{ll!i1-. . · following 511L UMXlifiQbQD o__ ---. · apphcahon . 1 demat or Designation --.1 approv1L -- !a 1an: IIHI du: "'°mm d hillOri, ffli_,. lldify th< proppscd s . the propose_ deny. or m hearmg on ·1 may approve. P n ear at least one ' v . . . . n and Council shall CriJm,,. Th Cl!mmtHHL o, --. tructures, or Pistric~,e 1her a building structure, AU Buildmgs. s . . to detennme whe - ' . .. .. • • ( (. the United ty the State of Colorado, or Englewood, . ed States; or the Umt .thin. the City · tsw1 __ tures or distaL . . c P)aces Iho.5.e buildings struc . nal Register of Has~on. ~ listed in the Nab~ t the above cntena . that are -ed as bavmg me hall be constru 5 ti Uowing h II use theo . 1 . d Council s a ---:-hitectura or e Commission ~ thee a distnct has arc ~ Distncts. Th . . a to detennme whe ddilional "'"" . . . . ··-·· -h · toric s1gm · teria of su -_,s__ I . R the en_ ) · 3d by app ym . · lementls · . . ficance is detennm ls} and umfymg e -g S1gru · to the pattern __ .,., · f th · Section -- 1, 0. -• -............ . f ns wall no th ownea o_ · t be approv r at leasto -ed unless J -tw -thards I?: · written approv . . distnct bo Nonumuo al Crome . duies. contams -· w1tbm the --propcnaes - . t by cons1denng -of 1mpac -· I · notent11 _ · · cal informahon . changes histon · be defined by visual of . . -... 11 . tiomorp,Jlam . m;~ ~ D1stnct bo . f different assoc 11 . . type or sate de documentation o . of changes 10 sne -or evidence cy development, gh testing or surv . as established throu • • Section 7. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 5, Section 1, Subsection C, of the Englewood Municipal Code 2000, to read as follows: 16-5-1 : Table of Allowed Uses . Table 16-5-1.1 below sets forth the categories and types of uses allowed within the respective zoning districts. C . Table of Allowed Uses . • PERMITTED USEC • CONDITIONAL USE A • ACCESSORY USE T• TEMPORARY USE L-LIMITED USE -A •ACCESSORY USE APPROVED CONDITIONALLY L-A • ACCESSORY USE APPROVED WITH LIMITED USE ROCEDURE IDENTIAL USES t .. •' • • "'•auracturecl 11o ... park "'IIIIHall d ..... , , IO,,e-w,h •ttaued dwem.1 • b-h detaclied dwelllJII IP • IP IP • 0-Uh detaclted dwellla1 , , ....... lot , , .. ,--. , p ,UBUcnNSTITUTJONAL USES luia111Slloltff l'!ec-r ... -, ... rtt .. 1 .. 111 •-or ( 1:-'l"•<YTeaporary Heula&-r, r.ed ,-., S~dter ~-......... -Go•ora-•t ud Chy ........ _..-IIW_ .. .. IP IP • ldie~u- ~ .. ....,. k.ii. .. ..,. .._ k\t•HUIICuhurlll ~- ~ ....... -k: k: ,.. t k: IPark ud Opta Span t--•ly&ardoa k: k: ... ~ ~ !Park IP IP • IP IP -13- , , , , IP , , p , . ~ IP .. IP IP ... t .. t .. • 0 0 p • p p • p .. .. .. C • p .. • • IP IP IP IP IP t , t .. • • • ~'-5-1.A.J ~'-5-1.A.4 ~'-5-1.A.5 ' ... ~6-5-1.A.6 .. .. IP , • • • 0 I IRellcl .. • Auembly ~ iDltltutlou and lusociatod acc .. sory uses IP p p IP IP IP .. ~ k. ... k. School Educadoalastltudoa p , , p . IP IP p IP C ' Altenad\'e tower 1tn1ctare P , , , • IP IP p IP IP p , Telocoam•alcallo• Fadllty .•' 'S« C/uptff 16-1, A•- "T .......... laido,u, "for lllkrewave ••W.aa. IP IP , , .. IP .. .. IP IP • IP ~~ ~, ...... --. ~--> I r-... -.. ~ ~ c C .. C C C • IP ,... IRTD aalateauce radllly IP .. il'ruuportatloa Facility lrrusit ce•ter IP l\lajor utility raclllty p p 16-5-l.B.J ~dllty Facility (HI IKI.U.1 !l'..,_••aicalio• Faclllty) 1111-•llllty fKlllty (u a ~ ~ prtadpal _ .,ud) ~ C C C C C C C .. C COMMERCIAL USES jAd11ll u .. 1A11ype1 u dolaed •• lcllapter 16-11 -p ~6-5-l.C.I 1e .... -..... ry, .-, ~crlc111tura1 .. •r pluts, llowtrs, er ••nery p • 6-5-l.c.l .. .... ,\lliaal-IP IP KnMl/day can .. IP IP Aaiaaal Sale aad Sff>ice • • IPet ...,. (lln aalaaal sale) • IP IP p • l'iad ullul ,-.ceriawy ~-dlalt .. , c -IP -14- !A-bl)' lwl or •adllorlam, .. IP le IP IP ii,.u rental ror meettap or .\nelllbly l,.cialoccu1o .. Mombenlolp orpalµdoa p p le .. IP osdlllllat lldllll -> .,..ndoat Care ~•d .. t care coator(lea le ~ le le ~ IP IP • .. ~ lli-5-l.C.7 lou24-lloarcaro,uy•) ' :u.--·-..... -. le r le r le ..... .. Eatortalam .. 11 A•-•: iPloyalal a--, ... IP .. IP .. IP .. ..... I l'lleatorud i,arfenaucolceacert YNN, p p p .. p ... ......,.._ ···--· IEatortal•-11 A•-•: ~ ......... recnadoa le ~ le ~ .. ( Cloocknslllqr.-y IP .. p ,........ ........ -L • I' Jlaudal lutltudoa ldriYHl>'"P ...... " Fluadal .---. ........ IP IP p .. p drlY..........,oenlca ~ ~ r r p r ~ F-ud Bovoroeo Sonke " ~ ..... , p p IP ~cnbrowery • , .. • • ...... rut,bu,tavon-• IP p IP IP It< willlMt ....... lo,endou • • ~ ...... --.. • • ~ ...... ( . -15- Tut..,, ud dellvory only " p ~Uak IP .. IP p IP -.UIIII IRIIDIHI facility IP p IP ~edlCII/SdtnllOc Strvlct Hospital IP p p IP Llboralory(deata~ medical .. IP .. " p IP oropdcal) Omco, type I (1eaenl) IP .. " p IP Pffke lofflct, lype l (llmhtd) IP IP IP IP , p IP ~.s-2.c.a lcroaatorlam C Pry dtuer, clnp-off 11te " .. IP p IP lollly •u1ra-.ioen1ce IP IP , , Manaptlitropy IP , .. iP , Momiary .. ~-Sain .... Strvla ....... Strvlct) IP ........... " IP p .. , tiervlct: ........... y ...... IP .. p p ~ .......... ...-.,. p Prilllff, lecbaldl, - Talteeudbody-pllrdas .. • -- IT••penry .. p1ey-1 le le ~.s-2.c.11 '"'91- t:q.1p ... , ...... .. , , Rt11U Sain aad Service Repair aad Realal) Repolr ....,( ... ...-.. , IP p .. • ••> llttaU Sain aad Stn-ke Sain) ~•liq•tstan IP p IP IP IP Art aallet-y , p p .. • ~ ......... , • IP .. ,. ................ ~ IP .. , krill,.....- i::oavenltace store IP D .. IP IGrocory/1peclalty food store • • Ir .. .. fn(N"nef C' ... t-f .nt"Atitv1 f D ~ p ~iquor store .. D .. p .. .. awabrobr p IP IP 16-S-2.C.H l'"erTSA, Plf-20.Nt ~oaln,paeral IP .. P/C " IP ~ .,"; 2l,OOI ... rdludlH ~ft.or..- kuallle tleor ... Sdlool !Trade or bullaeu....,.. p • c • IP 16-S-2.C.12 - .. Sludlo ~ ............. -• • IP ivellJcle Hd Equip-al ~-·-.... ,. ........... • IP l6-S-2.C.11 ~al•aod.e oaJn, realal .. • IP l6-S-Z.C.J ~ut0-¥1 Mnice ud re,alr, llldadlaa bNy ... p .. ,-.... - ~ulo•oll•• wnko ~ ........... _, L .. , ............. • IP l6-S-2.C.4 ' ~--· Hnkt ltatiH kl-Ila• (odllty) L IP IP .6-S-2.C.5 lcarw .... aulo ....... k. k. k. .6-5-2.C.6; ~6-S-2.C.4 lcoaaerdal 1tora11 •f .. IP 6-S-2.C.J •penllle ••lllda Fuel ......... .. • IP Pukla1 fadllly, -.re .,..,.bit nlllda),prtlldpal le le k. •• k. le .. IP ~6-5-2.C.3 -.-....... 116-5-2.C.9; 1urfll«(eperable t le .. k. le p .. •ellldes),prtadpal -116-5-2.C.3 IRecnatteaal •dlda ud .. , ... u,aalelornatal k. llecl-breakfut IP !Visitor Accommoclatloa .. _ IP IP !Wan-.. Isa. -dlolrtblldooo .. .. t\lANUFACTURJNG/INDUSTRIAL USES ~Dd-oenlce, llpt ••dutrlalSenlce IC • .. ~6-5-2.0.3 k'r5A-,.) ~edmtrlal oenict, .... ¥}' IP Muutamartaa, lacludlac Pn«alac, Fabrlcatloa, or ~ ... mbly M•••faclarta&, Hpt IC • .. ~6-5-2.0.4 k'r5A-,.) Maaufacturlq, 11e .. y • ~uel 1torqe k. M IDl-oton1e fadUly' IP M•m1ud_..., ... • IW1reltouse/Stora1e loutchlor storqe k. • lstorase yard far nllldoa, joqulp ... 1, materlal,ud/or .-.pp11es .. ~6-5-2.D.6 1Warelieusla1 and/or ........ .. , 0 . !Auto-bile Wl'ftkiarf le .. ~'-5-2.D.1 •lllva .. yanl leommerclal hlclMrator IC H--lwldllas C C ~'-5-2.D.2 RecycH•1 operattoa, all ,........_,.nwllllla p p ~'-5-2.D.5 Wutt/Salva1• ........ llnclllro ' RecycU•1 oporalloa, -.. orallp-.alaa°""n C le ~'-5-2.D.5 lovllkle u o.-..i ltnaduro .. 1Su1tary~ IC IWuto traur.r 1tadaa(aat .. le -> jACCESSORV USES -Seo Sodlaa 1'-5-4 lor addllloaal nplallou ( IAdalt.__can IC·A" " A IA IA A ra.UycUdcan._ IC·A A " ~omo Caro A..-ry U,n A IA IA IA Accnaary to Priadpal o ... Ualt Dwolllq U• Oaly) """ •fllllliladdlor ._ " " IA IA IA ~d1lldcan ... _ ~" ~-A ... A """ Pc•or ActftMI')' U,n i,.aretabr'1 q•arter IA IA IA IA .,_nallory IA IA IA Ha_occ.,.IIN IA " IA " A IA IA ~C.I Mi-_, l'adllly <• l,-A ... A ~-ollaM) """ ... A l.-A l.-A 1,A l,-A """ l.-A 1,A ... A '-5-1.a.l ............. (--.) IA IA A IA " IA IA IA l~c.J 0 • • ........... IA .......... _ IA IA IA IA IA IA IA IA IA " IA IA •'-5-4.C.J -19- 0 l!iervlc• HIii or racWty IA A 6-5-4.C.4 ,, l!,-ml•1pool IA IA IA IA IA IA IA ~ IA IA IA IA b6-5-4.C.5 irEMPORARY USES· See S.U.n 16-S-5 for addltloHI reaulatloa1 t ~uwull T T T Ir T T tr tr T tr T Ir .... ·' .. E•pnllo• or ...,.__•I •f Ir •-11'ac1Udn Ir Ir Ir Ir Ir Ir Ir If I tr tr IFarmen market tr Ir tr Ir tr , .... Veader Carll Ir Ir T tr tr .... l\foblle llanp (wldl er i,..., btlllcllaa ...-,.It) Ir Ir Ir tr II' II' tr T Ir Ir tr tr ~•al atate Ala or ltula1 .. If II' .. Ir !Offl<t (alao -.._) lo,,1deer Sain (t-a-, leat j,alol, perldac ......... If Ir Ir Ir tr l,euaulala,....._ rt,•lr. Ala , .... retail •nderaru, etc.) Sptdel """ (t-1-, canlval, Ir Ir Ir !r tr tr !r Ir tr Ir Ir tr roauar, l'alr) . • • -20- ( trenu,canopln tr tr tr tr tr tr tr tr IT IT IT tr USES NOT l'lee 16-S-I.B for pro«dura olld criteria for opprevtn1 ualllted a-lndudln1 unlisted occeuary 1nd MENTIONED emponry uses. Section 8. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 5, Section 2, Subsection A, of the Englewood Municipal Code 2000, to read as follows : 16-5-2 : Use-Specific Standards. A. Residential Uses. 3 . Manufactured Home Park . b. Standards for Development of Manufactured Home Par/cs . (8)(a) Yards, Open Space Atlj11ee,il hi~ Manufactured Home Units and Spacing of Units. (9) Distance to Common Areas. Except as provided above, distance from any exposure to a street pavement or to the edge of a common driveway, a common parking area, a common walk, or other common area shall be at least eight feet (8'). For Class A exposure this distance shall be at least fifteen feet (15'). Oarports open in a manner which assures compliance with the provisions of subsection (8)(5), "Maximum Lot Coverage," may extend to within four feet (4') of a common sidewalk 1Mijaee1111e ~ a street or common parking area, or to within four feet (4') of the street pavement or common parking area if no such sidewalk is involved ; but the carport may not be in the required livable space or in any portion of the open space which constitutes a Class A exposure . ( 11) Spacing of Manufactured Home Dwelling Units on Adjaeeat ~ Lots . Minim\lm required distances between manufactured home dwelling units, or additions thereto enclosed for more than fifty percent (SO"/o) of their perimeters, shall be the sum of the required distances for the exposures involved . ( 19) Screening. Adequate protection shall be provided the residents of the park from any undesirable off-site views or any adverse influence from adjoining streets and properties. To this end, -21- ' .. ·' • • --- the park shall be surrounded by a fence, wall, or planting screen on all sides abutting er atljaee111 le other private property, or an arterial street or highway. If a fence or wall is used, it shall be at least six feet (6') in height and of solid construction. If vegetation is used in place of a fence or wall, it shall be of a nature that provides equivalent protection to the property and to neighboring property. Notwithstanding other requirements of this provision, no fence, wall or vegetative screening shall be permitted to extend into any required exterior yard at a height or in a manner that materially impedes the visibility of a motorist exiting from the park onto a public street. Section 9. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 5, Section 5, Subsection E, of the Englewood Municipal Code 2000, to read as follows : 16-5-5: Temporary Uses and Structures. E. Specific Regulations for Certain Temporary Uses and Structures. 2. Farmers Market. a. Applicability. Temporary use for a farmers market that provides seasonal offering for sale of fresh agricultural ~ produce. fruits, flowers, food and beverages and arts and craft items <but not including second-band goods} directly to the consumer at an open-air market. b . Standards and Requirements for Approval. In addition to meeting the general standards listed above, all temporary farmers markets approved pursuant to this Section shall meet the following standards and requirements: (1) Goods may be sold or displayed from a motor vehicle or trailer. (2) Sale of alcoholic beverages is prohibited. (3) . Hours of operation shall be limited to six-thirty o'clock (6:30) A .M. to lwe lhil'ty .nine o'clock (~) ~ P .M. including set-up and clean-up. c . Duration. Farmers markets may operate ette nY.Q (+) ij) day~ per we1:k per site during the period from '-~ I to October 31. The City Manager or designee may consider extensions based on seasonal conditions. Section 10 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section I, Subsections D, F and G, of the Englewood Municipal Code 2000, to read as follows : -22- ' • • C 0 16-6-1 : Dimensional Requirements. D. Lots: Special Regulations. 2 . Residential Comer Lot Regulations . a. b. The minimum front setback requirement stated in Table 16-6-1 .1 above shall apply to the shorter side of a rectangular-shaped comer lot, and the side setback shall apply to the~~ side of the lot. The intent is to apply the front setback to the side of the comer lot that aligns with the front yards and setbacks of homes located on the long side of the same block. Reverse comer lots are prohibited. F. Setbacks and Yards : Special Regulations. 5 . Permitted Projection Into Setbacks/Yards. e . Porches, Stoops Decks, Te"aces, and Patios. (I) Enclosed porches and any porch, stoop. deck, temce, or patio greater than thirty inches (JQ'J above grade may not extend or project into required front or side setbacks. (2) Ptttte!t, Uncovered pon-.hes, stoops, a decks, terraces, and ~ aee, ePN a111I with a walking surface which is less than thirty inches (30") above grade, may extend no more than thirty percent (30"/o) of the required setback distance into the required setback area . (3) Covered (11Be11:eleaed) porches,~ decks, terraces, and patios attaehed ta ,eai«ielllial th. elli1119, 111aN with a walking surface which is less than thirty inches (30") above grade, may extend no more than five feet (S') into a required front or rear setback, or five feet ( S') into a required side setback that ift adjaee111 le .lbw a street, provided they do not encroach into or hang over an easement or a property line and the encroachment does not obstruct sight distance requirements per City standards. · f . Mechanical EauipfJWIL ill Residential zone districts. W HYAC condensers and wjndow-mountcd air conditioning units may be 19f1Jc4 within side or rear Kmi.W. W AU zone districts. -23- ' .. .. .· ; • • Other small-scale mechanical equipment may be peanitted within setbacks at the discretion of the City Manager or designee . i · Handicap Access Ramp . W Ramps designed for handicap access may proiect into any required setback . G . Bulle Plane Requirements. 2 . Applicability and Exceptions. b . Exceptions. (I) The bulk plane requirements in this subsection shall not apply to new residential development in the MU-8-1, MU-8-2, or TSA zone districts. The bulk plane requirements in this subsection shall not apply to structures or portions of structures exempt from the maximum height limits, as specified in subsection 16-6-1.E.l EMC. (2) Donn~ windowW may partially protrude through the bulk plane defined below for a maximum cumulative length of fifteen (JS) linear feet, measured horizontally at the point of intersection with the bulk plane, and provided the vertical height of a dormer window does not extend above the height of the ridgeline of the roof surface from which the dormer protrudes. Section 11 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 3, Subsection F, of the Englewood Municipal Code 2000, to read as follows : 16-6-3 : Streets and Vehicle Access and Circulation. F . Vehicle Access and Circulation. ' 3. New Intersections and Cwb-Cuts. b . Driveways, Residential. (I) One-Unit, Two-Unit, or One-Unit Attached Dwellings . (a) The width of any driveway leading from the public street to a one-unit dwelling, two-unit dwelling, or one-unit attached dwelling shall not exceed twenty feet {20') at its intersection with the street. (b) A driveway serving a one-unit, two-unit, or one-unit attached dwelling shall be separated from a residential driveway located -24- ' ·• .. • • -- C (J on an tMijeeeBt ~ lot by at least ten feet (10'). All parts of this ten foot (10') separation under the applicant's control shall be landscaped with living plant material. (c) See also Section 16-6-10.B . EMC, "Residential Design Standards and Guidelines," for additional driveway standards that apply to new residential development, including substantial expansions or alterations of existing dwellings, in the R-1 and R-2 zone districts. Sectjon 12. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 4, Suhs..--ction F, of the Englewood Municipal Code 2000, to read as follows: 16-6-4: Off-Street Parking and Loading Requireme.nts. F. Off-Street Vehicle Parlri::g Requirements and Design. 4 . Minimum Parking Space and Aisle Dimensions. All off-street parking spaces shall comply with the dimensions shown in the following drawing Figure 16-6(4) and Table 16-6-4.2, below. Please note that the letters in Figure 16-6(4) correspond to the letters beading the columns in Table 16- 6-4.2 : Center to Center i'arlina tau idth fTwo Row Bay with isle Between) glc idth ft)l / 13 ft. / 13 ft. ft) t .. ..• ' .. • • ~4 ft 76°. 90° 9/ 13 ft. 19 ft. 22 ft. 24 ft. ~4 ft. ~ft. 62 ft. ~ ft. Notes lo Table: 11 The first width is for standard parking spaces, and the second is for accessible spaces (including access aisle). See Section 16·6-4.G. below. 21 If continuous curbing is provided pursuant to Section 16-6-4.F .6, 'Continuous Curbs," the length of each full.size ~tall ...i;-~ -t& such continuous curbing may be reduced by 2.S feel. ll As applicable, the first width is for one•way access drives, and the second figure is for two-way access drives. Section 13. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 4, Subsection F, of the Englewood Municipal Code 2000, to read as follows: 16·64: Off.Street Parking and Loading Requirements F. Off-Street Vehicle Parking Requirements and Design 5 . Continuous Curbs . a . General. Continuous curbs shall be provided, located, and designed to protect required screening devices and landscaping and pedestrian ways from damage or encroachment of vehicles and to provide necessary traffic control in the parking area. b. Specifications for Continuous Curbs. Continuous curbs shall be made of asphalt, concrete, or stone, and shall be a minimum of six inches (6"} in height and six inches (6"} in width. They shall form a non- interrupted edge around all landscaped areas aejaellftt te ~ parking and tum-around areas that are not protected by wheel stops. c . Placement. The continuous curb shall be located a minimum of four feet (4') from any structures, buildings. walls, or plant material, excluding groWldcover, to prevent a vehicle from driving onto the landscape area or hitting any structure or plant material at the edge of the parking area. The ity Council of the City of Englewood, Colorado hereby repeals , Subsection 11 , Historical Preservation, of the Englewood _....,,...,..,.,,., in its entirety. Section 15 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 12, of the Englewood Municipal Code 2000, to read as follows : 16 ·6·12 : Operating Standards. D. Operational/Physical Compatibility. The City may impose conditions upon the ap proval of any development to ensure that it is compatible with adjacent er ~ exi ting use , including but not limited to , conditions that restrict : -26- ' .. .. • • ( ( I . Hours of operation and deliveries; 2. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare; 3 . Placement of trash receptacles; 4 . Location of loading and delivery areas; 5. Location and placement of outdoor intercom systems and other amplification systems; 6 . Light intensity and hours of full illumination; and 7. Placement and illumination of outdoor activity areas and equipment, including vending machines . .Section I (i. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 13 , Subsection J, of the Englewood Municipal Code 2000, to read as follows : 16-6-13: Signs. J. Signs Permilled in Commercial and Industrial Districts. Signs that meet the following criteria may be constructed, displayed, and maintained in the MU-B- l, MU-8-2, TSA, 1-1, and 1-2 districts as follows: 3 . Permitted Sign Types . a. Ground Signs. (I) A maximum of one (I) ground sign is permitted per business, regardless of the number of lots a single business occupies. (2) The maximum height of a ground sign shall be twenty feet (20'). The distance between signs on ee_;..... ~ lots shall be 001 less than the height of the taller sign. (3) If there is more than one (I) business in a buildin5 or if a group of buildings are associated by Ownership, no ground signs arc permitted except joint identification signs. ( 4) Where a ground sign has two (2) or more display faces, only one shall be included in determining the area of the sign. (5) Ground signs shall not encroach into any public rigbt-of-way. 5. Signs Additionally Allowed . The following signs are also allowed in commercial and industrial zones subject to the conditions staled . -27- • t ,. • • f. Short-Term Advertising Signs. In addition to other signs allowed in a permitted use, each business or designated use may be permitted short-term advertising signs, provided such signs are limited to window or wall signs. Window signs shall not cover more than twenty percent (20%) of the window area above that specified in subsection 3(F). Wall signs shall not be greater than fifty (50) square feet in area and subject to the limitations of subsection 3(E). All such signs shall require a permit and shall be limited to a two (2) week period. A maxjmwn of six (6) short-term advertising signs shall be pennitted per use per ca!endar year. N111Bher ef shel't leffft signs alle•.r. ee per eall!Rllar y-. Such signs shall show the date of installation or display. Section l 7. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 8, Section I, Subsection C, of the Englewood Municipal Code 2000, to read as follows: 16-8 : SUBDIVISON DESIGN, IMPROVEMENTS, AND DEDICATION STANDARDS 16-8-1 : Applicability. C . Major Subdivisions. I. Applicability. A Major Subdivision is required whenever a subdivision of land requires the dedication of land for public rights of way, easem1111lll, or public areas. 2. Procedure for Approval of a Major Subdivision. A Major Subdivision may be approved by the Commission and Council, subject to the procedures set forth in Section 16-2-10 EMC, "Major Subdivisions". Section 18 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 11, Section I, Subsection F (b ), of the Englewood Municipal Code 2000, to read as follows: I 6-11-1: Use Classifications. F . Comm ercial Uses. 9 . Food and Beverage Service. a. Characteristics. This category includes establishments, for example, restaurants, cafes, coffee shops, bars, taverns, and any food/beverage sales establishments, which sell food for on-or off-premise consumption. Accessory uses may include decks and patios for outdoor seating, drive-through facilities, customer and employee parking areas, and valet parking facilities. -28- ' • • ( ( (J b . Specific Us e Types . This category includes the following use types: (1) Caterer. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-site pickup or consumption. (2) Microbrewery. A faeilit,r at whieh hee,, feflftented en lhe premises, is hettlee MS sele. The , ehHBe ef heer pree11etieR ef Slleh faeilit,r IB&y B81 eJteee8 twe hllnereli (200) gell8BS Jl8F Hy. A facility for the production and packaging of beer fermented on the premises for distribution, retail. or wholesale on or off the premises , The volume of beer production of such facility shall not exceed 12,000 barrels of beer per year. (3) Restaurant, Bar, Tavern (with or without outdoor operations). A retail establishment where the principal business is the sale of food and beverages in a ready-to-consume state. This use type includes lunch counters and refreshment stands selling prepared food and drinks for immediate consumption. Operations may include outdoor seating areas or outdoor food service, subject to all applicable use and development standards set forth in this Title. (4) Restaurant, with Drive-Through Service. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or l>t verages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (5) Take Out and Delivery Only . An eating/drinking establishment, generally without patron seating, that provides food and/or beverages to be delivered or to be picked typically for consumption off the premises of such establishment. W Brewpub A restaurant that included the brewing of beer as an accessory use. The volume of beer production of such facility shan not exceed 2,400 barrels per year . Section 19 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 11 , Section 2, of the Englewood Municipal Code 2000, insert in alphabetical order, to read as follows : 16-11-2 : Definition of Words, Terms, and Phrases . 8 . Definition of Words, Terms, and Phrases . Abut andlor Adjoini,tg: To physically touch or border upon or to share a commoo pro pe rt y line . -29- t .· .. .. • • Adjacent: Berderi11g, le1tehi11g, er ab1tlli11g, 911eh as shai illg a eeR1R1e11 preperty li11e; er, sep&Fated e11ly 1,y a p1tl,lie street, alley, er private drive . Nearby but not necessarily touching. Brewpub: A restaurant that includes the brewing of beer as an accessory use . The volume of beer production of such facility shaU not exceed 2,400 barrels per year . Farmers Market : The seasonal offering for sale of fresh agricultural ~ fruits, flowers, food and beverages, and arts and craft items <but not including second- hand goods) directly to the consumer at an open-air market. Internet Sales Location : A specific type of retail sales and service use . A retail establishment acting as a sales broker that accepts new or used goods for sate on an internet auction site. The establishment may be open to the genera) public for viewing and sale of items. Storage is )united to those items accepted for sate . Microbrewery: A speeifie iy,,e ef feed BIid he'< -ge sel'\'iee ll98. A faeili~ Bl whieh heer , feFR1ellled e11 the prefflises, is hauled BIid seld . The ·1el1tH1e ef heer pred1telieft ef s1teh feeility ffl&y 11e1 e11eeed twe h1111dred (200) galle11s per day . A facility for the production and packaging of beer fermented on the premises for distribution, retail, or wholesale on or off the premises . The volume of beer production of such facility shaU not exceed I 2,000 barrels of beer per year. See definition of "Food and Beverage Service". Minor Subdivision : Subject to the provisions of Chapter 16-8 EMC, "Subdivision Design, Improvements, and Dedication Standards", a "Minor Subdivision" includes all of the following actions, provided no such actions require the dedication of land for streets, easeR1e111s, or public areas : (A) Unplatted land is to be platted, divided , or combined, with any other land whether platted or unplatted. (B) A single platted lot is to be divided into two (2) or more lots . (C) A parcel prev iou sly platted into lots is to be divided into two (2) or more new lots inco nsis ten t with th e his torical platted lin es . (D) Adj ustment of boundary line(s) between prev iously platted parcels incon si st ent with historical platted lines (E) The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions , as described and defmed in C.R.S. 38 -33 -101 , et se q., as amended . See definition of "Subdiv is ion ". Sec tion 20 . Sa fety Cla uses. The City Council hereby finds , determines , and dec lares that th is Ord inanc e is promulgated und er th e general police power of the City -30- ' .. .. • • ( C ,, of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 21. Seyerabjljty. If any clause, sentence, paragraph, or part ofthis 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 22. Inconsjstent Ordjnances. 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 23 . Effect of repeal or modjficatjon. 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. Sectjon 24 . ..fenllo'.. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 16th day of May, 200S. Published as a Bill for an Ordinance on the 20th day of May, 200S . Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of May, 200S. Loucrishia A. Ellis -31- t ( ·• • • • 8 • ' • t~ J.· . {' C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: DATE: ,. SUBJECT: REQUEST: Planning and Zoning Commission / Robert Simpson, Director, Community Developmentl'V' Tricia Langon, Senior Planneyfl.--' April 19, 2005 Case 2005-05 : Housekeeping Amendments Title 16: Unified Development Code Staff requests that the Planning and Zoning Commission review, take public testimony, and provide comment on proposed housekeeping amendments to Title 16: Unified Development Code (UDC). RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to approve the proposed housekeeping amendments to Title 16: Unified Development Code. BACKGROUND: The adoption of Title 16: Unified Development Code in February 2004 was the first major rewrite of zoning and subdivision regulations in almost 20 years. The project reformatted, reorganized, and updated the Code as well as established new regulations. It was anticipated that small oversights and errors were inevitable and would be addressed through a future "housekeeping" amendment process. The proposed amendments correct omissions and provide clarity and consistency with the rest of the Title. The proposed amendments have been reviewed and considered by Planning and Zoning Commission at earlier study sessions. The final proposed amendment, 16-6-11 : Historic Preservation, is at the request of City Council and has not been previously reviewed by the Commission. During the April 4, 2005 study session Council directed staff to prepare amendments to resolve ambiguities in the Chapter related to the use of the terms application and nomination. Council determined that an application for histori c designation must be sanctioned by the property owner. Council further directed staff to address other housekeeping amendments within the Chapter to coordinate it with -o ther UDC development procedures. PROPOSED AMENDMENTS: Ba ckg round information and proposed text changes for each housekeeping amendment are provide in the attached Proposed Amendments to Title 16 : Unified Development Code. A separate attachment, Blacklin e Copy: 16-6-11, identifies proposed amendments in an existing and proposed text format. 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303-783-6895 www .e,..-oocflollora ' ,• • • -- . ; . ,:· .• . . ,· •' .. . • . ·"' I • ' • --"""------• Amendment 1: Proposed Amendments to Title 16: Unified Development Code Flood Plain Variance (UDC Page9} BACKGROUND: Under the UDC authority to hear and decide a flood plain variance request was granted to the Planning and Zoning Commission since it typically involves the larger community and is a land use decision. This change was identified in Table 16- 2-2 .1 (Summary of Development Review and Decision-Making Procedures) and in Chapter 16-4: Flood Plain, but not addressed under the Board of Adjustment and Appeals' administrative roles in Chapter 2: Procedures . 16-2-1: Clb(J) C. Board of Adjustment and Appeals. 1. Administrative and Review Roles Under this Title. TI,e Board of Adjustment and Appeals ("Board") shall have the following responsibilities in administering this Title: a. Appeals from Building Permit Denials. The Board shall have power to hear and determine appeals from refusal of building permits. b . Administrative Appeals. In addition to such other jurisdiction as authorized by law, the Board shall have the jurisdiction and power: ( 1) To hear and decide appeals from and to review any order, requirement, decision, or determination by the Chief Building Official or any employee in the enforcement of this Title, or similar Uniform Codes adopted by the City, except the Model Traffic Code, and to hear and decide all matters referred to ii, or upon which it is required to pass under this Title or any amendment hereto. (2) In deciding upon appeals, the Board may reverse or affirm, wholly or partly, or modify any notice, order, requirement, decision, or determination of any employee of the City in the enforcement of this Title, and to make such order, requirement, decision or determination as in its opinion ought to be made and, to that end, shall have all the powers of the enforcing agent. (3) Te hear aAd deeide a~als \rdtett ii is allesed there is att el'fer itt aA'/ ,e.,irefflefll, i:teasieA, er de1erlftiR.1lieA !Nde ~ the Fleed PlaiA AeffliAistraler i11 the eAfereeMeRt er adMiAislratieA ef It.is Title . NOT£: To assistmg on locating the full text ol the propo~d iltnendmfflls. UOC paae numbers are shown in I 1 -.. Amendment 2: . . . ....... • .•. I .. .. . . .. ,, . . . . ti " .. . ·.,. ·. ·.~ ... ... ... .. . .. .. . '.~ . .... :-. . .. . .. · .• • ..... · ... · .. -·, ~\ .• ·•. . !'.• ••... . ' . '• . , . .. V ' Proposed Amendments to Title 16: Unified Development Code Summary of Development Review and Decision-Making Procedures BACKGROUND: \, {UDC Page 11} The Historic Preservation designation procedure line for was omitted from Table 16-2-1.1 Summary of Development Review and Decision-Making Procedures . This change is consistent with the proposed amei1dment s to 16-6-11: Historic Preservation described later in this report. Table 16-2-2.1 TABLE 16-2-2.l: SUMMARY OF DEVELOPMENT REVIEW ANO DECISION-MAKING PROCEDURES Pre-Review (R) Notice Procedure SKtlon App. D«islon-Makinc (0) or Required 1..a.-1a1 Period Rer. Ml&. Appeal (A) Bodies Req'd CMI() PC cc BAA Pub Mall Post Comprehensive Plan 16-2-4 R R 0 .;' None Amendm<.'llts Conditionul Use Pennits 16-2-12 .;' R D A .;' .;' lw:ar Condiuonal Use -16-7 Telecommunication .;' R D A .;' .;' ( None Development Agreements 16-2-IS R D A, stlllcd in A-t Flood Plain Dcv 't . Permit and Sec Chuptcr 16-4 for applicable procedures and standards Flood Pl ain Variances ' ~ Ui1111,i"Prm:1:nlHlll ~I) .;' R R I} £: £: Lomoted Review Use Pcnnits 16-2-13 .;' I) A lw:ar NOTF : To a sisling m loc,111ng the full 1ex1 of the rroposed ,11nendmen1s. UDC t);IBC numbers Me shown in ( ' 2 ·• • • 0 • ~ .,· •, .. • ' "' . •• I .,. . . . •' . .. . .,... . . . .. :· ..... • 1. ' . · .... .: .. (, t .. ~. ....... .. '·,. Proposed Amendments to Title 16: Unified Development Code Amendment 3a. 3b. & Jc: Subdivision Procedure when an Easement is Provided BACKGROUND: \, Under the UDC a Major Subdivision is required whenever the plalling involves "the dedication of land for public right-of-ways, easements, or public area." Dedication involves the transfer of private property to public ownership. Easements grant the right to use an identified area for a specific purpose but do not involve dedication of land for public purpose. The intent of the UDC was 10 simplify the subdivision process so that only subdivisions requiring dedication would be required to go through the Major process because Council would have to "accept" the dedicated land. This correction is proposed in three sections. 16-2-10: Major Subdivision (UI)(: Page 32} Approval of a Major Subdivision plat is required whenever a subdivision of land will requirei the dedication of land for public rights-of-ways, easemeAfS, or public areas. 16-8-1 :Cl Applicability (UDCPage215} 1. Applicability A Major Subdivision is required whenever a subdivision of land requires the dedication of land for public rights of way, easeffleRts, or public areas. 16-11 -2 : B Definition of Words, Terms, and Phrases . {UDC Page 277) Minor Subdivision. Subject to the provisions of Chapter 16-8 EMC, "Subdivision Design, Improvements, and Oedication Standards#, a "Minor Subdivision " includes all of the following actions, provided no such actions require the dedication of land for streets, easeffleRts, or Unplatted land is to be platted, divided, or combined with any other land whether platted or unplatted. A single platted lot is lo be divided into two (2) or more lots . A parcel previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines . Adjustment of boundary line(s) between previously pL1tted parcels inconsistent with historical platted lines. publi c areas : (A) (B) (C) {D) (E) The creation of condominiums, town home communities, and other forms of airspace ownership or air-right subdivisions, as desc ribed and defined in C.R .S. 38-33-101, et seq .• as amended. NOTf : To 'assis tin g m loca hn g the full text o f the prot10sed amendment • UOC 11., e nm nl.-r .ate shown in ( 3 ' • \, ______ .. Proposed Amendments to Title 16: Unified Development Code Amendment 4: Small Treatment Center BACKGROUND: The Section reference for Additional Regulations was omitted in Table 16-5-1 . 1 Table 16-5-1.1 TABLE 16-5-1.1: TABLE OF ALLOWED USES P• PF.RMITl'ED USE C • CONDITIONAi, USF. A• ACC~IR\' USF. T• TEIIIN>RARV Ust: L-LIIIIITED USE (UDC Page 74) C-A • ACC~RY USE APPROVED CONDITIONAl.l ,Y L-A • ACCt:SSON\' Us£ APPIIOV[D WITII Ll~IITl:D US£ PROCEDURE Raldcatl1I Noaraldntlal R R R R R MU MU MU MU T I I Use Catqory Use Type I I I 2 2 R R II II s t 2 AddltiNal A u C A II J J I 2 A ........... A B RESIDENTIAL USES Group Livini: Group livini: facili1y , C C p p 16-S-2 .A.I largc/-cial Group livin2 facili1v. small r r r r r r r p p p 16-S-2.A.I Small lrellmcnl ccnlcr C C p p Ii:~·~ 61 NOTE : To assisltng in localin g lhe fu ll 1ex1 of 1he 11roposed amendmenls, UOC ~ae numbers .ire shown in ( 4 • .. .· :.. ' ~ .,· · ... • .•. l . .. .,. . • • • . . . ;.-. ' , . . .. •• t ... • •.' .... '·. ·. f. . . . . ·,: :.,"'\ . . .. 0 0 ' .... ~-... Proposed Amendments to Title 16: Unified Development Code Amendment Sa, Sh, Sc & Sd: Brewpub BACKGROUND: \, Under the UDC the definition of microbrewery is inconsistent with industry standards established by the Brewers Association, and no definition for brewpub is provided. The three amendments add brewpub to the Table of Allowed Uses, clarifies that a microbrewery is a small-scale brewing facility, and establish a definition of brewpub as a restaurant that also brews at a volume less than the microbrewery. Table 16-5-1.1 (UDC Page 76) TABLE 16-5-1.1: TABLE OF ALLOWED USES .. , ...... P • PEllMl1TED USE C -CONomONAL USE A• ACCt:SSOR\' USE T• TUIPORARY USE L-LIMrrED USE C•A • ACCt:S.10RV USE APPROVED CONllrrlONALI .\' L-A • ACC.:SSCII&\' USE APPROn:o wm1 LIAIITED USE PRocmuu: Rnideallal Noaresldeallal R R R R R MU MU MU MU T I I Use Calqory Use Type I I I 2 2 R R B B s I 2 Addlllollal A B C A B J J ,I 2 A Rea•lallou A B Food anJ Ocvcrai:c llrtwnub p p l! I! I! Service Ca1crer p p p M(crobrcwcrv p p p p p Rcs1aura111, bar, tavern with p p p p p or without outdoor opcra1ions Rcstauranl, w11h drive-L p p 1hrou11h service Tal.c 0111 and delivery only p p 16-l 1-1:F9b(2) and (6) (UDC Page 242) b . Specific Use Types . This category includes the following use types: ( 1) Caterer. A service consisting of preparation and delivery of food and beverages for off-site consumption, without provision for on-sile pickup or consumption. (2) Microbrewery. A Jaeility al wkieh !:leer, ferffteAled 8A the ttreMi5es, is hauled aAd seld. Tue 'l.'elitffte ef !:leer preooetieA ef welt Jaei~,.,. Mil'f Rel e11eeed lwe htt1tdred (2001 galleAs per day. A fatjljty {or the prodyctjon and packawng 0 ( bttc u:co>emed 20 &be wewisn for diWilJu!i 0 o retail PC wbPlnale 20 or off ibe premises Jbe xotume oc beernroduqjon °C sucbfacjli!Y M1iJllJiott:11rC£cl I 2 ooo barrels of bs:ec oec xear 'OH r o ., S1s 11 ng III loc,1 1111g tilt-full 1e>11 GI 1~ 1•oi>OiNI .anll'tvln1N1I UDC ll,llJe numhe,s o11e shown 111 t I s ' • • ... ·•, ... • .. , • . -.,. . • Ii • .. ,,. ... ... • . r. • . • . ·' "'.·• .. :: \, .. ' . Proposed Amendments lo Tille 16: Unified Development Code (3) Restaurant, Bar, Tavern (with or without outdoor operations). A retail establishment where the principal business is the sale of food and beverages in a ready-to-consume state. This use type includes lunch counters and refreshment stands selling prepared food and drinks for immediate consumption. Operations may include outdoor seating areas or outdoor food service, subject to all applicable use and development standards set forth in this Title. (4) Restaurant, with Drive-Through Service. An eating/drinking establishment in which the principal business is the sale of foods or beverages to the customer in a ready-to-consume state and in which the design or method of operation of all or any portion of the business allows food or beverages to be served directly to the customer in a motor vehicle without the need for the customer to exit the motor vehicle. (S) Take Out and Delivery Only. An eatinB/drinking establishment, generally without patron seatin& that provides food and/or beverages to be delivered or to be picked typically for consumption off the premises of such establishment. (6) Brewpub 6 cesiaurap1 1ha1 iodudey •be bcewios of heec as an accnwry use Ibe yolume pf hs:ec produetjoo of such {acili•x shall 091 exceed 2 iOQ btJrrels Pee veac, 16-11 -2:B Definitions of Words, Terms, and Phrases (UOC P.ip 276) BreWllilh A restaurant that includes the brewios of beer as an acc:nwry use The volume of hecc wpducJion of ws:b facililY Wall not exceed 2 199bauels per year. Microbrewery. A facility at which Beer, l'entteRted en the jMefni!M!!t, i1; BeHleti aRd !t81d . lhe ¥eiwMe ef lteer ,ara•etiefl ef weh faeility Mil')' R01 e11eeecl lwe huRdreEI (200) galleRS JM!f day. A.,faciljtx,JoWbe productiwJ apd packagipg of bca tcoocmed 9D !be IICPHse\ for dijttillVliPP, re 1a;1, or wholewle on °L.P1lthe occroiw, Jbe xofums: 01 bm produq;oo 0( such (acjigy shall 001 ocs:,:d I 2 ooo barrels or NOTC To, <isling Hl loc.i tcng lilt-full 1ex1 ol the 111oi-1.imendcnent U ~ 'lUlllbef .>1 6 ' • -- • ·• • • · ...... .. ·· ... • . •' l . .. ,,. . ,,; • ... ..,. .. • ... ,. ;, . .. " . ' \, Amendment 6a & 6b: Proposed Amendments to Title 16: Unified Development Code Internet Sales as a New Retail Sales and Service Use Ta BACKGROUND: This use was not previously listed in the UDC. The internet sales drop-0ff location acts as a sales broker for items brought to the shop for sale through an internet auction site such as E-bay . For a commission on the sale price, the drop-off location handles the sales transaction and shipping. Items may be new or used, and some storage is possible. The UDC defines retail sales as any sale other than a sale at wholesale but does not indicate how the sale occurs (i.e. in person or on the internet). The use appears to be a hybrid of retail sales and service, second hand, and consignment sales and therefore is not an appropriate use in the MU-8-1 district. The amendments provide a definition and add the use to the Table of Allowed Uses. ble 16-5-1.1 (UDC Pa1e 77} TABLE 16-5-1.1: TABLE OF ALLOWED USES . P • PERftlITTED USE C • CONDITIONAi . USE A • ACCt:SSOIIV USE T• Tt:ftlPORAR\' USE L-LIMITl:D USE C-A • ACCESSOR\' USE APPROVED CONDITIONAU. V L-A -ACCESSOII\' USE Al'l'ROVED wm, LIMITED USE PROCEDURE RtsklHllat N011resldntlat R R R R R MU MU MU MU T I I Use Catqory Use Type I I I 1 1 R R B B s t 2 Addllloul A B C A B J J I 2 4 Rea•laUou A B Rciail Sales and Service A n1 ique s1ore p p p p p (Sales) Ari 11.allerv r p p p p Auclion house p p p Buy -bad: shop, second hand, ' 1hril\, cons1gnmcn1 p p p Convenience s 1orc p p p p Groccry/specialt\• food store p p p p p l111crne1 .Salei l.ocation P. l I! Liquor store p p p p p Pawnbroker p p p 16-S-2 .C.IO ForTSA, Re1ail sales, general P if 5 20,000 sq . ft ., merchandise p p PIC p p C if> 10,000 sq . ft . of ,f l(Oll leaaablc l1oor Ila 16-11-2 : Definition of Words, Terms, and Phrases lntemrt Sales Location · A soecific tvne.ofJ-e.tail»tes and secvice Y$e A retail establishment actios as a sales broker that ac,ents new or used soods for sale on an internet auclion sile The establiiju»entmav be 012en 10 the seoecal oublic for xiewins and ale of iten1s Storase 1sJimi1e<1 12 those.items accep ted {w,.,sals:. N T[; To ,usis1,ng in loc,11,ng 1he full le' I of lhe p,oposed .1mendnien1 s. UOC page numi-s ,11e shown in I ' • • 7 C • .. • .. , . . ~ ... .. . . •' I " ~· Iii • · .. _. ;i-.•. . . .. ·. ·"' .• .. . . . ·. t ~ ----"-----...,...~--~·~--=----.. ~---'-·-· _ . ....__ • .,, . ·"'· ..,, . .. ... . .... ,._ 0 0 ! .· • . . . • . "' Proposed Amendments to Title 16: Unified Oe\lelopment Code Amendment 7: Pawnbroker BACKGROUND: \, .. The "P" identifying Pawnbroker (with distancing requirements) in MU-B-2 was omitted in Table 6-5-1.1 Table 16-5-1.1 TABLE 16-S-I.I: TABLE OF ALLOWED USES (UDC Page 76} P • P£1l11ll1T£D Uu: C • CONDmONAL USE A• ACC't:SSOK\' Ust: T• TEIIPOllAllY Uu: L-LIMrno USE C-A • ACC£SSOll\' US£ APl'llOVED CONDITIONALLY L-A • ACCESSOII\' USE APPMOVW wm1 LIMmD USE PllOC&DllllE .. Rnkkallal Noaraidelltlal R R R R R MU MU MU MU T I I Use Calqory Use Type I I I l l R R B B s I 2 Addltloaal A B C A B 3 3 I 2 A Rea111latlou ' A B Retail Sales and Servic.: Anti..iuc store p p p p p (Sales) Art 11allcrv p p p p p Anct,un house r p p Duy -back shop, se ond h,mJ, p p p 1hrift, cons111nment Convenience store p p p p Grocerv/soeciallv rooJ st.we p p p p p l111cmc1 Sales Locauon p p p . Liquor store p p p p p l'.twnbrul,.er I' p p 16-S-2 .C .10 ForTSA, Retail sales. general -P ir ~ 20.000 sq. ft .• mcrchand&se p p P/C p p C if'> 20,000 sq . ft . of p1111 lcaublc l1oor area OTl . To \I 11ng III loca1mg t~ full 1e~t of I~ proposed ,1mendmt'111 U ~ numbt't ,lit' shown •1 ( ' • 8 -- • .. ~. \, ·. Proposed Amendments to Title 16: Unified Development Code Amendment Ba & 8b: Farmers Market BACKGROUND: Under the UDC a farmers market was limited in the number of days, hours, length of season in which it could operate. By definition only "fresh agricultural products" could be sold. The amendments expand days, hours and season as well as the definition. 16-5-5: E2 Temporary Uses and Structures {UDC Page 107} 2. Farmers Market. a. Applicability_ Temporary use for a farmers market that provides seasonal offering for sale of fresh agricultural p,e~1::1e1s produce, fcujts Qowers food and beyerages, and arts and craft jtems (but not jndydjng second-hand ~directly to the consumer at an open-air market. b. Standards and Requirements for Approval. In addition to meeting the general standards listed above, all temporary farmers markets approved pursuant to this Section shall meet the following standards and requirements: ( 1) Goods may be sold or displayed from a motor vehicle or trailer. (2) Sale of alcoholic beverages is prohibited. (3) Hours of operation shall be limited to six-lhirty o'clock (6 :30) A.M. to twe thiftV lliw: o'clock(~ i;QQ) P.M. including set-up and clean-up. ' c. Duration. Farmers markets may operate eAe-fB 1W9.Ul days per week per site during the period from Jt,Ae ~ 1 to October 31 . The City Manager or designee may consider extensions based on seasonal conditions. 16-11-2 : B Definition of Words, Terms, and Phrases. (UDC Page 265} Farmers Market: The seasonal offering for sale of fresh agricultural p,eetwets produce frujts. Qowm, food and beyeragcs and arts and craft jtems (byt DPI jndydjng sernpd-hand goods) directly 10 the consumer at an open-air market. NOTE : To assis1ing in localing 1he fuU text ol the proposed .11nendments, UDC p.ige numbers .ve shown in ( 9 • .... •· · .. • Amendment 9: Proposed Amendments to Title 16: Unified Development Code Corner Lot Regulations (UDC Page 119} BACKGROUND: Clerical/Typographical error. The intent is to apply the front setback to the side of the corner lot that aligns with the front yards and setbacks of homes located on the long side of the same block. 16-6-1: 02a Lots : Special Regulations. 2. Residential Corner Lot Regulations. a. The minimum front setback requirement stated in Table 1~-1.1 above shall apply to the shorter side of a rectangular- shaped corner lot, and the side setback shall apply to the stteet IWll side of the loL The intent is to apply the front setback to the side of the corner lot that aligns with the front yards and setbacks of homes located on the long side of the same block. NOT[: To assislmg in loc,llmg lhe full 1e111 of the prO()OSed anle'ndmenls, UOC p,1ge nurnbffi llff thowl'I Ill ( I 10 t ·• • . .. · ... • .•. l • . . . . . -.,. . . . , . , '""' ~. ·. ·. . :~ .. ~-; . . . .. \, '°• ; .. . '' I ·· .. -,; •I •\•~ .. • • • .... Amendment 10: Proposed Amendments to Title 16: Unified Development Code Termination of Postponed Cases (UDC Page 18} BACKGROUND: Cases that are indefinitely postponed or continued do not terminate causing unresolved applications that become "stale" or can cause a cloud on the title to land. 180 days is a standard time frame for nonconforming uses, variances or building permits that are not acted upon. The amendment allows the City to close cases that have been abandoned or can not meet procedural requirements . 16·2·3: L 1. 2 . 3 Lapse of Approval. lapse of Approval-General. Many City aaieAs decjsjons to approve applications covered by this Title are based on an expectation that the applicant intends to proceed with the proposed action as described within a reasonable amount of time, and many approvals are therefore time-limited . The table in Section 16·2·2 EMC above summarizes those lapsing time frames or periods . City approvals of these types must be followed by action by the applicant to develop or alter the property as described in the approved application before the end of the lapsing period-or the approval shall be of no further force and effect. Extension of Approval Periods . An applicant may request, and the decision-making body that granted the original approval may grant one ( 1) extension of the approval for a period equal to the original lapsing period. Extension requests shall be evaluated on the basis of compliance with regulations and policies in effect at the time of the extension request, and will be allowed only when the following conditions exist: a. b . C. The provisions of this Title or this Chapter must not expressly prohibit the extension; and The extension request must be filed in a form established by the City and include all exhibits and fees; and The applicant evidences that the delay in taking action under the approval was caused by circumstances beyond the applicant's control. An appeal from a determination to extend an approval time frame shall be made to the appeal body who would have heard an appeal of the original approval . Termination of Postooned Aoolicatioa Aov aoolication 01ade uursuant to this Title which has t>eeo oostooned w continued for a neriod of one hundred eisbtv ( 180) davs shall laDse. NOT[: To assisling m loca11ng 1he full 1ext of lhe proposed amendments, UDC page numbers are shown in ( 11 ' • . . • ... \ ..•. . . ,· I • , . . -.,. . (J , .. .. .. .. ,,;.;. ... ·.: ... ·:··'"~ .. : .. _.; .. . • .. • . ..... :. ·. . ... -:: . • • ,• ~' • I • >, --- Proposed Amendments to Title 16: Unified Development Code Amendment 11a & 11b: Projections into Setbacks -Porches, Decks, Terraces and Patios BACKGROUND: \, The intent of the projection exception was to allow covered and uncovered porches, stoops, etc. to project into setbacks to encourage porches in residential districts. To that end, uncovered porches were able project more than covered porches because a covered porch typically has a greater bulk and mass because of the roof. The UDC intended that only porches, etc. less than 30' above grade could use this projection setback exception. Porches greater than 30" above grade posed a greater mass and would not be permitted, however the Variance process is available . The amendments clarify the intent and the text. With the amendments to the allowed projections (16 -6-5: FSe), the Administrative Adjustment in 162-17.D2d for new front porches is redundant and unnecessary, and is deleted. 16-6-1: f Se Porches, ~ Decks, Terraces, and Patios . (UDC Page121} ( 1) Enclosed porches and apy porch stoop deck terrace PC patjo greater thap thjrty jpches qp•) above grade may not extend or project into required Henl er side setbacks. (2) Upcoyered PatiM, porches, stoops, at*t decks, terraces and patjos uReevered aRd wjth walkjpg surface less than thirty inches (30") above grade, may extend no more than thirty percent (30%) of the required setback distance into the required setback area. (3) Covered (uHeAcleseEI) porches,~ decks, terraces, and patios attached le residential ElwelliAgs, fflere wjth waikjng surface ~ than thirty inches (30") above grade, may extend no more than five feet (S') into a required front or rear setback, or five feet (5') into a required side setback that is adjaceRI le ~ a street, provided they do not encroach into or hang over an easemen t or a property line and the encroachment does not obstruct sight distance requirements per City standards. 16-2 -1 7: D2d Permitted Adjustments {UDC Page 51} El. />Jew H6Rf ~ch: AdjustffleHls fflay ee 11erfflilled te allew eeRslructieR ef Rew eo'lereEI ttorehes as fellows : ( 1) The ~arch shall ROI enereach fftare lhaR five feet (S'l iRta the re~uireEI froRt seteadt; aAEI (2) The ~arch shall ROI be enclosed. NOTf : To assis tin g ,n loc.i11ng the full text of the p,oposed amendments, UDC p;ige numbers .ue shown in ( 12 . ' • ........... ·.•'I , ! . .--. . ·.· .... . . . . -,,. . '~~ · ..• \, ._..,.··.·· .•.·. ·_ .. ·· -.•. . .... 'le '.",.; •· . •• 'f "· ' . ·: :~ • :.'·:~.· t~\·.~ ... J:~:·;,,. . , \, . ,' ... . -·--:·--------=------.;;•--------------..:.- Proposed Amendments to Title 16: Unified Development Code Amendment 12a & 12b: Permitted Pro·ections into Setbacks ards BACKGROUND: Under the UDC "Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in Chapter 16-6 EMC." HVAC condensers often must be located within a setback for practical and mechanical purposes. By policy the City has always allowed handicapped ramps to be located within setbacks. These amendments codify long-standing City policies . 16-6-1 : FS f and g Permitted Projections into Setbacks/Yards {UDC Page 121} r. Mechanical Egujpment, ( 1 ) Residential zone districts (a) HYAC condensers and window·mounted air conditionins units mav be located within side or rear setbacks (2) All zone districts (a) Qthec smaH-scaJe roechanjcaJ eouimnent max..,b~pernmted wjthjn setbacks at Jbe djscce•i20 of !be Cjty Manasec or desisnee · g. Han<fiqm Access Ramp . (1) Ran1os desisned for handicap access mav oroiect into anv reauired setback Amendment 13: Bulk Plane Exce lions UDC Pa e 121-122} BA CKGROUND : The phrase "dorm e r w indow# wa s unclea r. Th e intent wa s th a t do~~~with windows could project into the bulk plane. 16-6-1: G2b(2) b . Exceptions. ( 1) The bulk plane requirements in th is subsection shall not apply to new residential development in the MU -B-1, MU -B-2, or TSA zone districts . The bulk plane requirements in this subsection shall not apply to structures or portions of structures exempt from the maximum height limits, as specified in subsection 16-6-1.E.1 EMC. (2) Dormer(s l wjt h windowW may partially protrude through the bulk plane defined below for a maximum c umul a tiv e le ngth of fift een ( 15 ) lin ear feet, measure d horizontally a t the point of intersection with th e bul k l)la ne, a nd provided th e ve rti c al hei ght of a dormer window does not ext e nd above the hei ght of the ridge lin e of th e roof surface from wh ic h th e dorme r pro trudes. NOTE: To assis ling in local ing rh e full rex r of rhe proposed amendments, UDC page numbers are shown in ( 13 ' ., • .. •, .. • •' I ... : ; : . , . . . . .. .,. . • • • ... .,. . •' ., . ;: .. :_:' ·. : ... . ' .. • ' . . . . .. .. · ... ~· • . .... t ;,;1. .. . • Proposed Amendments to Title 16: Unified Development Code Amendment 14: Short-term Advertising Signs BACKGROUND: The sentence HNumber of short-term signs allowed per calendar yearn was a parenthetical note in an early draft to address the issue of how many short-term advertising signs are permitted. The amendment clarifies that a permit is required, and though it is limited to a two weeks 1>eriod, up to 6 signs per year are allowed. The permits may be for consecutive week or any combination as long as a permit is issued for each two week period. Signs Permitted in Commercial and Industrial Districts {UDC P~ge 196) 16-6-13 : )Sf f. Short-Term Advertising Signs. In addition to other signs allowed in a permitted use, each business or designated use may be permitted short-term advertising signs, provided such signs are limited to window or wall signs. Window signs shall not cover more than twenty percent (20%) of the window area above that specified in subsection 3(F). Wall signs shall not be greater than fifty (50) square feet in area and subject to the limitations of subsection 3(E). All such signs shall regyjre a permjt and shaU be limited to a two (2) week period. Maxjmym of sjx 161 short-term adyertjsjng sjgns shall be permjued per use per calendar ~ ~l1:11t1ber ef shert terifl sigAs alleweel 13er calenelar year. Such signs shall show the date of installation or display. Amendment 1 Sa -1 Sk: Adjacent, Abut. Adjoin BACKGROUND: The previous zoning code defined adjacent as nearby, but not necessarily touching. and differentiated that abut or adjoin means to actually touch or border upon. Under the UDC all terms are the same, creating a several conflicts in how the terms were used . The amendments return the long-st;mding definition of ai/1,tcPnl to its previous meaning under the old zoning code and make adjustments throughout UDC for consist ency of terms and meanings . 16-11 -2 :B Definition of Words, Terms, and Phrases . {UDC P~ge 253} Abut anclLgj; AdjoiniRg: To physically touch or border upon or to share a common property line. Adjacent : Berelering; te1:1chiAg; er ah1:1t1in& S1:1ch as sharing a cetfltflen ~re13erty liAe; er, se~rateEI eAly by a tttthlic street, alley, er JtFivate eft'tl-e; Nearby. but not necessarily touching, NO T[: To assi sting in loca ting the lull text of the proposed amendments, UOC page numbers are shown in I 14 . t • . . .. . ·• • . '·. ' ·~-i* . ,, . .. ,, . ... . . .. .,,. . ..... . ·.. . . ..... . " .. ·· .. ·· \, . ,• •• :-:. t.,,:;:,·\, ___ ........ ~ ___ __;_...;._ _____ ..._ ___________ ,,___,_' .- Proposed Amendments to Title 16: Unified Development Code 16-5-2 :A 3b Standards for Development of Manufactured Home Parks (8)(a) Yards, Open Space Ad;aceRt ta Abu((ing Manufacrured Home Units and Spacing of Units. (UDC Pages 83, 85, 87} ( 1) Intent. Yards and other open spaces required herein in relation to the manufactured home dwelling units are intended to perform a variety of functions. Among these are to assure adequate privacy, and to provide usable outdoor living space, a desirable outlook from the principal living room exposure, natural light and ventilation, access to and around the units, off-street parking and spacing between the manufactured home dwellings and between the dwelling unit and other buildings for reducing potential adverse effects of noise, odor, glare or hazards from fire. (9) Distance to Common Areas. Except as provided above, distance from any exposure to a street pavement or to the edge of a common driveway, a common parking area, a common walk, or other common area shall be at least eight feet (8'). For Class A exposure this distance shall be at least fifteen feet ( 15'). Carports open in a manner which assures compliance with the provisions of subsection (B)(S), "Maximum Lot Coverage." may extend to within four feet (4') of a common sidewalk aejaeeRl te abuttjng a stree t or common parking area, or to within four feet (4') of the street pavement or common parking area if no such sidewalk is involved; but the carport may not be in the required livable space or in any portion of the open space which constitutes a Class A exposure. ( 11) Spacing of Manufactured Home Dwelling Units on AdjaeeRl t\buttjng Lots. Minimum required distances between manufactured honie dwelling units, or additions thereto enclosed for more than fifty percent (50%) of their perimeters, shall be the sum of the required distances for the exposures involved. ( 19) Sc reening. Adequate protection shall be provided the residents of the park from any undesirable off-site views or any adverse inOu ence from adjoining streets and properti es. To this end, the park shall be surrounded by a fence, wall, or planting screen o n all sid es abutting or adjacent 10 other private property, or an arterial street or highway. If a fence or wall is used, it shall be at least six feet (6') in height and of solid construction. If vegetation is used in place of a fence or wall, it shall be of a nature th at provides equival ent protection to the property and to neighboring property. Notwithstanding other requirements of this provision, no fence, wall or vegetative screening shall be permitted to extend into any required exterior yard at a hei ght or in a mann er th at materially impedes the visibility of a motorist exiting from the park onto a public street. OTL To assis tmg an lo a ung the lull text o f the proposed amendment s, UOC J),lge oumben are sl1'1lWO an ( 15 . . .. ' . .. ',·~· ••. I . . ;,,• . .. . . • ''tf" ; . •. . .... . '\: . .. ., .... t . . • ~· ~ I • • ~\ • ... o Proposed Amendments to Tille 16: Unifi~d Development Code \, 16-6-4 :F3b(l )(b) (1) Driveways, Residential. One-nit, Two-Unit, or One-Unit Attached Dwellings. (UDC Page 130} Table 16-6-4.2 (b) A driveway serving a one-unit, two-unit, or one-unit attached dwelling shall be separated from a residential driveway located on an af:ljaceRI abyttjm lot by at least ten feet ( 1 O'). All parts of this ten foot ( 1 O') separation under the applicant's control shall be landscaped with living plant material. Minimum Dimensional Are as Indicated on the Drawing Below (UDC Page 135} Notes to Table : I 11 The first width is for standard parking spaces, and the second is for accessible spaces (including access aisle). See Section 16-6- . 4.G . below. 121 If continuous curbing is provided pursuant to Section 16-6-4.F.6, NContinuous <;:urbs,H the length of each full-size stall afljaceRt le abuttjpg such continuous curbing may be reduced by 2.5 feet. 131 As applicable, the first width is for one-way access drives, and the second figure is for two-way access drives. 16-6-4 :F Sb Off-Street Vehicle Parking Requirements and Design (UDC Page 136} 5. Continuous Curbs a. Genera/. Continuous curbs shall be provided, located, and designed to protect required screening devices and landscaping and p~destrian ways from damage or enc ro achment of vehicles and to provide necessary traffic control in th e parking area . b . Specifications for Continuous Curbs. Continuous curbs shall be made of asphalt, concrete, or stone, and shall be a minimum of six inches (6") in height and six inches (6") in width . They shall form a non-interrupted edge around all landscaped areas aeljacent le ~ parking and tum-a round areas that are not protected by wheel stops. C. Placement. The continuous curb shall be located a minimum of four feet (4') from any structures, buildings, walls, or plant material, excluding groundcover, to prevent a vehicle from driving onto the landscape area or hitting any structure or plant material at the edge of the parking area . NOT[: To assis ling in localing 1he full 1cx1 of 1he proposed ,11 nendmen1s, UDC p.1gc numbers are shown in ( ) 16 ' • 16-6-12 :D Operating Standards • 'J , .. Proposed Amendments to TIiie 16: Unified Development Code \, . . . • {UDC Page 183) D. Operational/Physical Compatibility. The City may impose conditions upon the approval of any development to ensure that it is compatible with adjacent er Rear h·t existing uses, including but not limited to, conditions that restrict: 1. Hours of operation and deliveries; 2. Location on a site of activities that generate potential adverse impacts on adjacent uses such as noise and glare; 3 . Placement of trash receptacles; 4. Location of loading and delivery areas; 5. Location and placement of outdoor intercom systems and other amplification systems; 6. Light intensity and hours of full illumination; and 7. Placement and illumination of outdoor activity areas and equipment, including vending machines. 16-6-13:J3a(2) Signs Permitted in Commercial and Industrial Districts (UDCl'ate193) 3. Permitted Sign Types. a. Ground Signs. ( 1 ) A maximum of one ( 1 ) ground sign is permitted per business, regardless of the number of lots a single business occupies. (2) The maximum height of a ground sign shall be twenty feel (20'). The distance between signs on adjaeeRI abyttjng lots shall be not less than the height of the taller sign. (3) If there is more than one ( 1) business in a building or if a group of buildings are associated by ownership, no ground signs are permilled ex cept joint identification signs . (4 ) Where a ground sign has two (2) or more display fa c es, only one shall b e included in determining the area of the sign . (5) G round signs shall not encro ach inlo any public right-of-way. NOTL : To assisling 111 loca11 11g lhe ful l 1ex1 of 1he pmposed amendments, UOC P.1e numbers are lhowr'I Ill ( 17 C C . . . ' • • • , . .. ·· .... • ..•. I 0 . . ' ., . ·~ .,. . .. -~. . . . .. :• .. ; : .. :_. . ... • '• I ,. •• ,I . .. •. . t . ~· ~\, . -~--~------__, ________ _..;. __ _,'->, Amendment 16: Proposed Amendments to Title 16: Unified Development Code Historic Preservation BACKGROUND: • 'J \, (UDC P.age 181 -183} The UDC, as well as the previous zoning code, stated that a properly owner shall filE:.,an application for historic designation. However, ii was also stated that the Planning and Zoning Commission or a citizen could file an application for nomination for designation . This ambiguity between application and nomination was identified in a recent case when the property owner did not support the designation by a citizen. The intent of the original Historic Preservation ordinance in 1999 was to preserve a property owner's property rights by requiring that the application be sanctioned by the property owner. Council reiterated this policy during the April 4, 2005 study session and directed staff to resolve the ambiguity. Council further directed staff lo address other housekeeping amendments within the Chapter lo coordinate it with other UDC development procedures. Outline of proposed amendments: Repeal 16-6-11 : Historic Preservation from Chapter 6: Development Standards Re-enact as 16-2-20: Historic Designation in Chapter 2 : Procedures · Basis : The regulations describe a designation process or procedure rather than a development standard Reserve 16 16-2-20 to coordinate with other development processes in Chapter 2 to include the following subsections: Initiation, NOlice, City Review, Commiss ion Review, iind Council Action Clarify that an application for Historic Designation must be authorized by the property owner and follow the same application process as all other procedural applications in the UDC; i.e . an application may be initiated by those parties i d entified in Section 16-2-3 .A, as follows : A. Authority to File Applications. An application for review or approval under this Title shall be filed by a person having legal authority to take action in accordance with the approval sought. Those persons include: 1. The record owner of the property, and 2. A purchaser under a sale authorized In writing to do so, 3 . An agent of the record owner authorized in writing to do so, or 4 . Any other party specifically Identified as being eligible to file a particular l'ype of application in this Title. "Note: 16-2-2 0 : Historic Designation does not identify any other parties as having authority to apply for designation. Th erefore Number 4 is not applicable. NOl I . To a«•\l tng m loc,1 1mg l hc lull text of 1he llrOf)OSl'II o\11 1N1<h 11ent , UOC 1~8 "Umbers are shown m I I ' • 18 -·• • • .. • ...... .. • .. ... · ..... •. l ., . n lj' ~~ . \_._ -. t 1 -__,) Proposed Amendments to Title 16: Unified Development Code \, H1:2-20; Hjstoric Qesignaljon, A c p E F Pucnose This Section desisnates historic areas and landmarks for the educational. cultural and economic benefit of Enslewood citizens Pue to various pressures t11at 111av result in the destruction in1Dairmeot. or alteration of historic resources that reflect .clements of Englewood's cyhural agcl archjtectural heritage. iJ will be 1he policy and responsibility of thjs seqjon to: 2 3 Preserve and orotect buildincs structure, sites and areas that are reminders of oast eras events and oecsonlsl imoortant in local state or national historv · which urovide,...sifillifican1 examp les of architectural stvles of the oast; are lancln1arks in tl1e l1istorv of architecture; wllidJ are unique or irreplaceable assets lo the Citv and its oeisbborhoods; which orovide for this and future senerations exaruoles of the ol1vsicauurrounclin2s in which oast senerations lived· or which are archaeologjcally sjgnificant. Develon and maintain the aoorooriate environment for such buildings structures sites, and areas. reflectio@ varied aa:hitectural stvles and distiJ1&uisl1ed ol1ases of E1l@lewoocl's l1istorv Pron1ote the oublic beatrh, safetv, and welfare bv encouragins the Protection and oreservatioo of architecturally ~;oc,1n1 or hjstorjc structures..oulis.Uiili. Initiation, An aonlicatibnJor Historic Pesi@nation mav be initiated bv those Parties identified in Section J 6:2·3 A EMC Nori(e The Qty shall require 1haLnuhlishecl notice of required public hearings be gjyen jn accordance wjth sect;on J 6-2 -3 c Q ty Review The CiJY shall reyjew the apnJjcatjon and may refer the,,,appljcatjon to any Cjty Department or agency (or its view and comments, .uid sha lLurep are.11,.r.e1wt,,.QLi1u.erollll,lli!nll,1tionJor ceview by the Commjssjon and Council. A coov o.Llhe rer®uhaJI be furnished JO liti!..jlnuliYJJL Comn1issiooBeview Ille,,Cornmission,mall review the aolllication for con[onnaoce witl1 the e:;tabli:;bed critecia for designation and with the nurooses oLthe sectio11 t1nd..slw1U1old a PuWic l1e,1ci11n on the orooo>ed hiMoric desisnation aoolicalion f.JlJlowins such headiuuhe.CQLutuission 1n,1v recomo1e11d to the CounriLiQocoval denial or modification of the ocooosed historic desiwtion. I co unot Action. The Council shall reyiJ!w the recommendation,o(Cjty sta(Laod.Jbe recommendatjon o{ sbe Commjss;on and gpJI hold a public b@tiDCJ2LU.be proposed lmtorjc desiwilliPu ,mnljcatign FoHowigg such bearjng the councjl may aqmo-& deny or 1nodi&JheJlroPowcLannlict1tio11 NOTE : To assis llng III lo atmg 1he lull 1ex1 ol 1he pmposcd amendments, UDC page numbers are shown m I } 19 ' • l ( ·• • • 0 8/ackline Copy: 16-6-11 1 ~ ~: Historic PreseP,atiOA Desjgnatjon . A. Purpose . This Section estalalishes desjgnates historic areas and landmarks for the educational, cultural, and economic benefit of Englewood citizens. Due to various pressures that may result in the destruction, impairment. or alteration of historic resources that reflect elements of Englewood's cultural and architectural heritage, it will be the policy and responsibility of this Section to:. B. 1. Preserve and protect buildings, structure, sites and areas that are reminders of past eras, events, and person(s) important in local, state or national history; which provide significant examples of architectural styles of the past; are landmarks in the history of architecture; which are unique or irreplaceable assets to the City and its neighborhoods; which provide for this and future generations examples of the physical surroundings in which past generations lived; or which are archaeologically significant. 2. Develop and maintain the appropriate environment for such buildings, structures, sites, and areas , reflecting varied architectural styles and distinguished phases of Englewood's history. 3 . Promote.the public health, safety, and welfare by encouraging the protection and preservation of architecturally significant or historic structures or districts. ~ A1313,1icat.iaR. Ao JooUcation for Historic Desisnation mav be initiated bv those Parties identified ig Section 16· 'L] A EMC ARy J:lF8t3ert1, e•NRer •.viskiRg ta ha•,e a la1:1ilsiRg; str1:1ct1:1re, or sistrict sesigRates as architect1:1rally er historically sigRillcaAt shall iile aA ar:ir:ilicatieA with the Cit',·, OA a form Sl:lj:ll':)lieel B'f tile Cit',·. C. Proceat:Jres .'or DesigAaNAg 1-fatoric Strnct1:1,es, Sites, aAa Districts iar ,O.,ese"' 'iJtioR . p E Notice The Citv shall reauire that oubfished notice of reouired Public bearinss be given in accordance with Section J 6· ,.3 C .;., l>JomiRatieAs. A AemiRatieA fer elesigRatioR as aA llistoric str1:1ct1:1re , site, or elistrict may lae maele B'I' Ike CommissieR er citizeA filiRg aR ar:ir:ilicatioR v. ith the CommissioR . The fee cllarges shall l;ie s1:1UicieRt te ce¥er the costs of r:i1:1elicatieA, Rotice, recereliAg costs, aelmiAistrative costs, aAel ether charges iRc1:1rree iA the co1:1rse ef 11recessiAg ~e a1111licatieR . The a11r:ilieatieR fee shall l;ie estalalisheel aAel tllereafter ameReeel ~·,· resel1:1tieR of tile Co1:1Rcil. Citv Rev iew The Citv shall re;yi ew the aoolication and mav refer the aoolication to aov Citv Deoartment or aaencv for its review and comments and shall Preoace a reoort of its recommendati20 foe review bv the Commission and Council A coov of the reoort shall be furnished to the aooUcaot. Comm iss ion Re vi e,v The Commission shall revie,v the aoolication for c2ofocmaoce with the established criteria for desisoalion and with the ournoses of the Section and shall bold a oubUc bearing on the oroPosed biHoric desisnatioo iRPlication Follo>vios such bearin& the Commission max recommend 10 the Council approval de ni al or modi fi cation of the orooosed historic desisnation 1 ' ... • • E :.i. 8/ackline Copy: 16-6-11 2 CeFRFRissieA ReYiew. a. +he CeFRFRissieA sllall selleaYle a f!Yhlie llea,ins eA ltte a1111liealieA Re FReFe lttaA lttiFly (JQ) says after ltte sYhFRissieA ef ltte a,:i11liealieA. h. +he CeFRFRissieA sllall ,e.,.iew ltte a1111liealieA fe, eeRfefff!aAee wiltt ltte eslahlisllea eFi1e,ia fe, aesiSAalieA aAS wilt! ltte flYFJ!eses ef ltte SeElieA: e. a. CeFRFRissieA sllall ,eeeFRFReAa ap11,a·,al, FReailieatieA aAEI a1111,eval a, aeAial ef !he ap11liealieA. Ce"'"'issieA FAa'( reeeFAFAeAEI eeAElilieAal af!flF&Yal Y1!9A ltte e11eeYlieA ef eeFtaiA easeFReAIS, eeveAaAIS, er lieeAses. +Re fiAal SeteFFFliAatieA will he FRa&e h'( CeYAEil. Cour.cil Action The Council sbail review the recommeodatioo of CilY :;taff and the recommendation of the Commission and shall bold a Public bearing on the oroPowd historic de§iBOation aoolicatioo Eollowios §Yeh bearins the Council max aPProve deox or modify the Prooosed aPolication · ~ Limitation on Resubmission and Reconsideration of Proposed Designation. Criteria. Whenever the Commission denies a proposed designation, no person shall submit an application that is the same or substantially the same for at least one ( 1) year from the effective date of the final action on the denied application . 1. All Buildings, Structures, or Districts. The Commission and Cgypcjf shall use the following criteria to determine whether a building. structure, or district has architectural or historic significance: a. Only buildings or structures which have been in existence for at least fifty (SO) years, or districts in which the majority of structures have been in existence for at least fifty (SO) years may be designated; in addition : such building. structure or district must also meet one of the following criteria : ( 1) A building. structure or a majority of structures within a district which has some connection to events or persons significant to the history of the City of Englewood, Arapahoe County, the State of Colorado, or the United States; or (2) A building. structure or a gr(?UP of structures within a district which embodies distinguishing characteristics of an architectural type inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmansh ip ; or (3) A building. structure or a group of structures within a district which e emplifies or rellects the broad cultural, politic~ economic or social history of the City of Englewood. 2 t .. .. • • 2. 8/ackline Copy: 1 fK1-11 3 Arapahoe County, the State of Colorado, or the United States; or (4) Those buildings, structures or districts within the City that are listed in the National Register of Historic Places shall be construed as having local historic designation, and subject to the same provisions as any local historic building. structure or district Districts. The Commission and CquncH shat! use the following additional criteria to determine whether a district has architectural or historic significance: a. Significance is determined by applying the criteria of subsection 1, of this Section to the pattem(s) and unifying element(s). b. Nominations' will not be approved unless the application contains written approval from the owners of at least two-thirds (2/3) of the properties within the district boundaries. c. Properties that do not contribute to the significance of the historic district may be included within the boundaries so long as the noncontributing elements do not noticeably detract from the district's sense of time, place, and historical development Noncontributing elements will be evaluated for their magnitude of impact by considering their size, scale, design, location, and/or information potential. d. District boundaries will be defined by visual changes, historical documentation of different associations or patterns of development. or evidence of changes in site type or site density as established through testing or survey. 1 e. When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation. f. The district could be exempt from the age standard if the other significant criteria are found e,cceptionally important. 3 " ' .. • • ( • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #200~5, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE HOUSEKEEPING AMENDMENTS INmATEDBY: 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, Oiekmeier, Hunt, Krieger, Mosteller, Roth, Schum, Welker Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on April 19, 2005 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and Douglas Cohn of 3051 South Marion Street The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code 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 Commissio1;1 made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the Unified Development Code Housekeeping· Amendments was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2. THAT notice of th e Public Hearing was published in the Englewood Herald on April 1, 2005 . 3 . THAT th e nified Development Code was adopted in 2004 and it was the first major re wri te of the zoning and subdivision regulations in 20 years. .· .. .. • t • • • • 4. THAT because of the size of the Unified Development Code, small oversights and errors were inevitable and would be addressed through updating amendments. 5. THAT the amendments are designed to correct omissions and provide clarity to existing regulations. 6. THAT the amendments are designed to provide consistency to the remainder of Title 16 and the Englewood Municipal Code. CONCLUSIONS 1. THAT the Public Hearing on the Unified Development Code Housekeeping Amendments 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 April 1, 2005. 3. THAT the Unified Development Code was adopted in 2004 and it was the first major rewrite of the zoning and subdivision regulations in 20 years. 4 . THAT because of the size of the Unified Development Code, small oversights and errors were inevitable and would be addressed through updating amendments. 5. THAT the amendments are designed to correct omissions and provide clarity to existing regulations . 6. THAT the amendments are designed to provide consistency to the remainder of Title 16 and the Englewood Municipal Code. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2005-05 Unified De elopment Code Housekeeping Amendments 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 19, 2005, by Mr. Hunt, seconded by Mr. Bleile, vhich motion states : t .. • • AYES: NAYS : ABSTAIN : ABSENT: TO RECOMMEND CITY COUNCIL APPROVE CASE #2005-05 UNIFIED DEVELOPMENT CODE HOUSEKEEPING AMENDMENTS WITH THE FOLLOWING CHANGES: 7. 16-2-20:A.1: Delete "Preserve and protect" and insert "Designate'. Z. 16-2-20:A.3: Delete "Promote the public health, safety, and welfare by encouraging" and insert "Encourage". Bleile, Diekmeier, Hunt. Krieger, Schum, Roth, Welker Mosteller None None Motion carried. These Findings and Conclusions are effective as of the meeting on April 19, 2005. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Cyndi Krieger, Cha~~ For your consideration Council Bill 17 Housekeeping Amendments to Unified Development Code of the Englewood Municipal Code REQUEST: Set Public Hearing June 6, 2005 BACKGROUND: UDC adopted in 2004 FIRST MAJOR REWRITE OF ZONING AND SUBDIVISION REGULATIONS IN ALMOST 20 YEARS. • THE PROJECT REFORMAmD, REORGANIZED, AND UPDATED THE CODE AS WELL AS ESTABLISHED NEW REGULATIONS. IT WAS ANTICIPATED THAT SMALL OVERSIGHTS AND ERRORS WERE INEVITABLE AND WOULD BE ADDRESSED THROUGH A FUTURE "HOUSEKEEPING" AMENDMENT PROCESS. • THE PROPOSED AMENDMENTS HAVE BEEN REVIEWED AND CONSIDERED BY P&Z at PH on April 18, 2005 • • 2 PROPOSED AMENDMENTS THE PROPOSED AMENDMENTS o CORRECT OMISSIONS AND o PROVIDE ClARITY o PROVIDE CONSISTENCY WITH THE REST OF THE ITTLE. NEW MATERIAL IS INCLUDED IN THE HOUSEKEEPING MEASURE BECAUSE THERE WERE SMALL ADDITIONS THAT DID NOT WARRANT FULL ORDINANCE PROCESS ON THEIR OWN lntemet sales not previously listed new retail sales & service use • permitted in B-2, 1-1 and 1-2 Permitted projections into setbacb • codifies long-standing city policy mechanical equipment and handicap access ramps Lapse of approval - Sets 180 day time frame for termmtion of postponed cases, to prevent stale cases and title clouds • HISTORIC PRESERVATION Per Council direction, clarified ambiguity in use of: application & nomination. Now consistent with all other dftelopment process applications as to whom may apply for historic designation I. The record owner of the property, and 2. A purchaser under a sale authorittd in writing to do so, 3 . An agent of the record owner authorittd in writing to do so, or 4. Any other party specifically identified as being eligible to file a panicular type of application in this Title. Moved from development standards chapter to Chapter 2: Procedures t • • ·• • • ,---. t..J BY AUTHORITY O RDINANC E NO . SERIES OF 2005 COUNCIL BlLL NO . 20 INTRODUCED BY COUNCIL MEMBER _____ _ A BlLLFOR AN ORDINANCE AUTHORIZING THE REPEAL OF TITLE 16 , CHAPTER 6 , SECTION 11 AND AMENDING TITLE 16, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, BY THE ADDITION OF A NEW SECTION 20, ENTITLED HISTORIC DESIGNATION . WHEREAS , Historic Preservation regulations were adopted by the passage of Ordinance 75, Series 199 9 ; WHEREAS, application for historic designation must be sanctioned by the property owner; WHEREAS, the proposed amendment resolves ambiguities in the use of the terms "application" and "nomination" of Historic Preservation as well as minor formatting issues to provi de consistency with other Unified Development Code processes; and W EREAS, the Englewood Planning and Zo ning Commission held a Public Hearing on the ~ proposed amendments on April 19 , 2005 . 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 Eng lewood, Colorado hereby repeals Title 16, C h a pter 6, Sec tion 11 , Historical Preservation, o f the Englewood Municipal Code 2000, in its e ntirety. Sectio n 2. The City C ouncil o f th e C ity of En g lewood, Colorado hereby amends Title 16, C ha pt er 2, wi th the additi o n o f a new Section 20 , of the En g lewood Municipal Code 2000 entitled H istoric Design ation. ~: Hjstorjc Qesjgnation . Purvose This Section desisnates historic areas and laudmvks for the educatioPAl cu ltural and economic benefit of Englewood citizm~ Puc to various wmures that mav res ult in the destruction imnainneot or alteration of historic resow;ccs that ccOect eJements of En glewood · s cultural and arsbi1cctural herita ge is wjll be Jhe ooljcy and resoonsib ilirv of this Section to· Pesignats buildin ss, structures sites and HSN thaJ HF Rmioskm of PW ecas events and PSrsools' imooDAPt in local sta\£ or MioPAI history which JIPYidc s1 gn1ficant examolcs of architectural stvles of the PW vc lfod'DIOO in the hlstorv of arcbttecture which arc uuious or iac Placcablc usts to the Ciry and its neishborbood§, which Provisk for this and futw:c sePSJlions CIIO)Qks ofths ohv sica l suuouodinss in wh1eh oast sSPCDJions lived, or which vc ' ... • • .. (7f""';;---. (J · n sjgpjficw. ·1d · ggs structures "'lill«ll"a.x . """"' [VI 0/Jili iMd . bo1 Pbm ,r . opriate eox1ro __ 1 and djstmgU1s __ ajptam the appr . hjtcctural sty Develop and w h. h reQect vaned arc d areas w IG · '"" Ilk . . . ... bililPDG I oo<1 • s b1story . . turaHv s1gp1fjcan -Egg ew_ · of archnec ___ _ . and nreseD'attoo --the nrotectlon l:· .. ~~ Es~n:c~::!;~;; a;Se; o;~;jj;i;§q;;jc;t;~~a:~'.'"lllaimlliPUco11>c1tU·o:·ti:a:ted::b:y:: tho:s:e:: 0~ art.1.b· es __ .. _ .. -. · n may he IQJ_ - · oric Peugpauo. -r cation for Hist__ · An iQPJ__ EMC be !riven Iniljqt,qn ~ · 0 16-2-3 A. . bt ·c hearings . ffied m Secuo_ ·-. r eauared nu_J_ --1den.J __ bl. hed nonce o_L_. ·re that vu_.as __ ' ... . The Cjfy lliAII IWW 1 g . •ix Nqh"-·m SSGli@ I (i-2-lhc lllllliGlluw IP . . """lliAn,s w, _ . . .., -w,r -_.,,,, ,r w ID -. lhc IPWISIAPII -111111 lllliPllli I '-- . e Cjty shall rexiew ~ and comments "!4 ony of the report shall c;rv Renew Jh y {opts review . . and couped A c _ ·' . Department or age~c the comm1ss1on E. f . ~- r · bopapp• · · n h.............. ~--. ---""""Iv Ills""--., ,,........, -. dcnv Pt . .,,,.,. ofPmf19L -llblll IYWIIII iP krniuiea qnd ~« ~ dgjgpabon no , year from the · ·on that IS · n the deg apphcau_ the fjnat actmn SL_ - Jj. · 1 shaU ~USC the · · rlCounc, r-"·"-· C IPPIIMIOI Olk · · 1111, -.. ,. Th; • ..-~ . . Structures or P•sw bµi14ius structure .1,. AH Bmldmgs \ detennjne whether a I iDK<n•DIW · · ·r,..... fift, fol •.w I bi,11111< "'"'-. 111u1 lall -IOilllll II Im ill a..... ilsP jg tures whjch have . 1ruerures have Qnl bYi14iuss ors~ hi h the wiontv PC7 cd Ju wWiJion s~h y •. w,u .. ' .. _ . -(50) years O[lS fifty (50) years PMY f the foUowmg C • • a. • . ~ at least a1 wcc1 one 0 ""'"""" ..... ,. __ JQ . . -- illliWw, IID<I .. gf-wlliwl1 .-,r . . cture or a PMIPQIV aiBPiCICfPI go the IMY some COPPCSUOP A bu114ms stru . 19 events or PCJS9PS w the Citv of Enslewpod Arapahoe Countv the State of Colgrado or the United States· or !.l A building sqµcwre or a group of structw;es within a district which embodies distinguishing charactgjstics of an archiJFclWII tvne inherently valuable for a study of a pqipd stvle method of construction or of indiseoous materials or craftsmanship· or A building sttucturc or a groyp ofsmacm,;es within a d.isVict which exemplifies or reflects the broad cultural, PRlitical ecogomic or social historv of the Citv of Enslewood, Arapahos; Countv the State of Colorado or the Unite4 States · or W Those buildings stryctw;es or districts within the Citx ghat are Jisged in the National Rc@isw of Historic PIISA shajJ he coosbUM u having met the above criteria .,. Districts The Commission and CoYPSil sbajJ use the following add,itiopal criJ«ia to dcte,mine whether a district W architectyral or histpric significagce · ll• s;,. SiKPificapce is detenniued bv aPPlxins the criJqia of subsection 1 of this Sectiop to the PAllFmCsl and unifvins clRPRJtlsl Nominatiops will not he apprpygt yp1gs the IPPlicatiou cogtains wriUFP apprpyaJ from the ownm of at least two-thirds C2Ql of the prppqties within the diMct hgypdatjes. ProPCUies thaJ do not cgpqibyJF to the siBPifiFIPf& Rf the histpric disttict may be ipcJydq;I within the boun4frics so Jgpg u the P9P£fPlgjbytip@ ElRPAJts do pgt ggticgh)y dc;qact from the dispjct'5 KOK of time Place and historical lkvelgpmmt Nopcogtribytios elCPP!W will ht; FYaluetrd f w their mamitµde of imPIGt bv sonsiderips their sizs sca1, design, lgcatiop apd/oc infopnatioo ooteutial Q. District bouudarjes will be defiosxJ bx visual chanse historical docwnenwiou of differmt usociatigns or pattgps of4evelopment or evidence of cbAuses in site we or site dqtsitv u established thrpygh Jestius ~- ;. When districts vs desiwtesi IPPlicable 4csiKP Di4filipes and PShec anorooriate restriction., max he includgi Man of the daiwtiop t The disttict could bc eemm fipm the asc s,Mlm if the gthq ai8Wfieut criieria arc f oupd excmiqpallx imponapt Section 3. Safety Clauses . The City Council hereby finds , dctcnnincs , 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 ~ety and for the proteetioo of public convenience and welfan:. ' • • The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability . If any clause, sentence, paragraph, or part of this OrdinaDce or the application thereof to any person or circumstances shall for any reason be adjudged by a coun 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. ~-Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any ponion hereof are hereby repealed to the extent of such inconsistency or conflict. ~-Effect of repeal or modification. The repeal or modification of any provision of the Code oftbe 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 IUltaining any and all proper actions, luits, 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 . ~-Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . lnttoduced, read in full, amended and passed on tint reading on the 16th day of May, 2005. Published as an amended Bill for an Ordinance on the 20th day of May, 2005 . Douglas Garrett, Mayor ATIEST: Loucrisbia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, inttoduced, read in full, amended and passed on first reading on the 16th day of May, 2005. Loucrithia A . Ellis • t .. • • ( • COUNCIL COMMUNICATION . Date: Agenda Item: Subject: May 16, 2005 11 a ii Front Setback Relief in MU-B-2 Zone Initiated By: Staff Source: Community Development Mark Graham, Senior Planner PREVIOUS COUNCIL ACTION/COUNCIL GOALS • On January 10, 2005, Council discussed the impact on local businesses of front setback requirements in the MU-B-2 zone established in February 2004 by the Unified Development Code (UDC). • On February 7, Council provided temporary relief from the MU-B-2 zone front setback requirements in four situations for businesses on Broadway south of U.S. Highway 285. • On May 2, Council discussed a proposal for amending the UDC regulations for front setbacks, to provide relief for sidewalk cafes, building additions, deep commercial properties and drive-thru uses in the MU-B-2 zone with the condition that a #strong development edge" will be established near the right-of-way. RECOMMENDED ACTION Staff recommends that Council adopt a bill for an ordinance amending the Unified Development Code requirements for front setbacks in the MU-B-2 zone district The amendment should provide relief from the zero or five foot front setback requirement in the four listed situations. Further, any relief from the front setback requirement shall be conditioned on the owner or applicant's agreement to provide a strong development edge meeting City standards. BACKGROUND AND ANALYSIS A front setback of zero or five feet for buildings or additions was established in the MU-B-2 zone for the first time in the Unified Development Code passed in February 2004. The setback responded to a recommendation by urban designers to create a strong development edge along commercial corridors in Englewood. In the process of reviewing development proposals, it came to the City's attention that there are circumstances where the new requirement will not result in the best site design to accommodate, for example, vehicle circulation, pedestrian amenities, and safety. Working with the Planning and Zoning Commission in study sessions, staff identified the four situations where the setback would be difficult to meet a,;d also an approach for resolving the issue. The four situations are : 1. Sidewalk cafes ., additions to existing buildings 3. deep commercial properties 4. dri e-thru uses ' . . • • The approach for resolving the issue is to recognize that the intent of the UDC requirement is to establish a strong development edge with or without a building. The Planning and Zoning Commission worked with staff to develop a policy (attached) that defines the elements of a specific landscape treatment for establishing a strong development edge when a building or addition is built more than five feet from the front property line . FINANCIAL IMPACT There is no direct cost to the City. Installing and maintaining sidewalk, landscapin& fencin& irrigation systems, lights and other elements will be the financial responsibility of the property owner or tenant constructing and occupying a building or addition. ATTACHMENTS Bill for Ordinance. • t ( -( ·• • • 0 ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE AUTHORIZING AMENDING TITLE 16, CHAPTER 6, SUBSECTION B, OF THE UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO FRONT SETBACKS IN THE MU-B-2 ZONE DISTRICT. WHEREAS, the Unified Development Code provides a front setback of zero or five feet for buildings or additions as established in the MU-B-2 zone; and WHEREAS, this setback was recommended by urban designers to create a strong development edge along commercial corridors in Englewood; and WHEREAS, in the process of reviewing development proposals it became apparent that this will not result in the best site design to accommodate, for example, vehicle circulation, pedestrian amenities and safety; and WHEREAS, there are, in particular, four situations where the setback would be difficult to meet which are: I . Sidewalk cafcs . 2. Additions to existing buildings . 3. Deep commercial properties. 4 . Drive-thru uses; and WHEREAS, adoption of this ordinance will amend the UDC requirements for front setbacks in the MU-8-2 zone district; and · 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 I, Subsections B and C, of the Englewood Municipal Code 2000, to read as follows : 16-6-1: Dimensional Requirements . B. Summary Table of Dimensional Requirements for Prin cipal Uses and Structures . All principal structures and uses shall be ~ubject to the intensity and dimensional standards set forth in the following Table 16-6-1.1. These standards may be further limited by other applicable sections of this Title . Additional regulations for the residential districts, and special dimensional regulations related to lot area, setbacks, height, and noor area are set forth in the subsections immediately following the table. Rules of measurement arc set forth in subsection 16-6-1.A EMC . Dimensional requirements for accessory structures are set forth in subsection 16-6-1.1 EMC . -1- ' .. • • ' -1-A District (Stt Additional Replalloas FoDowlag tlie Table) -1-B District (Stt Addllloaal Replatlou Ji'ollowlq tlie Table) U Otller Principal Uses • • -1-C Dbtrlct (See Addltloaal Rqulatloa1 Followl•& die Table) • t ••Small Lat • • ' 51perHlt ,008 per ••II 4,000 ... ,000 ,oot per unit 51 per ualt ,000 • • ,808perualt -4- 0 ,, 2-BRaalt: 751 "8it :J.BRaalt: 951 Eac• add'I bedroom: 1t1e per aalt .. rlvate Off-17• N-25 ~5 Street Parkin& 112,000 Naae ~a 15 l,ots t Maumum FAR: 1.5 Office, Limited 15,000 kEsctudla& t•e iron noor area of parklll1 51 NHe 32 25 ~5 25 ltl'llcturel) .. 1.\11 Otller 24,0IO Naae IH 211 32 25 125 125 .. ermltted u- I MU-R-3-B District (See Addltloaal Replatlou Followla1 .. e Table) '. I Oae-Ualt Detaclled 16,0II 151 •• 51 32 15 S 21 DwelUa1 Jrwo-Ualt Dwe1Ua1 ~-1651 i.1 161 lu 11515 lze k>ae-Uait IH l11 1155 ~ttadled IJ,lllperaalt 111st per ult t:. ill lzt Dwe111J11 Pae-Ualt J)etaclled 14,0II li51 l15 Ml tu ll5l1 lze l>we1Ua1 oa • Small Lot 1-4 ualts: 3,000 per ualt; Eac• J;fflcincy ud/or ll-4 ults: lt-4 aalts: llddltloaal ualt over 4 ualb: It-BR uall: '51 In 5 Multi-Vall 12-BR ult: 751 175 .. _ las J)wcllla1 lt ,OOI per ualt ~BRaall: 951 More.._ ,..., .... ~ ~ lt:ac• addllioaal ii aalts: 6t It aaits: 15 IBR: Ill FAR: 1.5 !Office, Limited 124,0II kEscldlas die ,,_ 175 N-161 115 115131 tzs lneer -., putias --·-) ,. 1.\11 Oilier 124,IOO NeM 17sN-II Its las 115 ,ermltted UHi [!J • • C -5- • U-B-1 District •111-Ualt DweWa1 U Otller Permitted Prtadplll u- ref• IO S«dM lf.+.1' EMC, o/dlb 0.,,., "• .,,,,U.,ak S""'-Arn ~ tuN G•lulbta ., i11r.,u"7 _, ""'·'""'-_.,.. -1 ANDl-1 U 1'-ittft Usa Exeqt ltlu•f•mm Hoa• Porb ..._F.n: :I -- -- S«doa 16-S-:Z.,U, ... ..,. -6- -• hJUII, .... .,,. •• ., is ""°""' ,. • ""-""'" ,. .. tlblrld. ablia•• "'" ft. .. .u ,Ua -11w, ax:qt .. Nf"'-'"' lf.+.7.~. "S-"'6 .......... __ .. • • ( 0 I/ Th• minimum sidt st/back stated in tlrls tablt for ont-WIII attachtd and multi-unit dwtl/lngs slrall apply to the en/Ire wt/ling structure, and not to each Individual dwelling 1,nit located in the structure. 2/ The minimum side st/back standard for principal residential dwtllings in the residential (R) zone districts, as stated in his Table , shall apply to such dwellings tltat existed on the Effective Date of this Tille. However, principal residential ellings existing on tire Effective Date of this Title, and wit/ch as of tlrat date art not in compliance with the minimum sidt etback standards established in this Table, shall not bt consldertd nonconforming structures due solely to the dwelling~ oncomplionce with th• minimum sidt setback. Such dwellings are •grandfatltered, • and shall be considtrtd legal, onjorming structures for tire purposes of sale and development under this Title and othtr City building and safety egulations. Set Section 16-9-3 (Nonconforming Structures), below. 3/ The minimum separation between principal buildings located on tire same or adjoining lots, whether or not the lots art nder the same ownership, shall be fifteen feel (15?. 4 See Section 16:6:J.C for additional djmcnsjonal standards appropriate to the zone djsmct. C. Additional Dimensional Standards fe, Resitlt!fllitJI f>Mwie~. 1. R-1-A District. Where a lot bas a width of less than seventy-five feet (75') or an area of less than nine thousand (9,000) square feet, and is in separate and different ownership from any lot immediately adjoining it as shown by the last 'recorded sale at the time of the effective date of this Title, a one-unit detached dwelling may be constructed on said lot, except that the width shall in no case be less than sixty feet (60') and the area not less than seven thousand two hundred (7,200) square feet. 2. R-1-B District. Where a lot has a width of less than sixty feet (60') or an area ofless than seven thousand two hundred (7,200) square feet, and is in separate and different ownership from any lot immediately adjoining it as shown by the last recorded sale at the time of the effective date of this Title, a one-unit detached dwelling may be constructed on said lot, except that the width shall in no case be less than fifty feet ( 50') and the area not less than six thousand (6,000) square feet. 3 . R-1-C District. Where a lot bas a width of less than fifty feet (50') or an area of less than six thousand (6,000) square feet, and is in separate and different ownership from any lot immediately adjoining as shown by the last recorded sale at the time of the effective date of this Title, a one-unit detached dwelling may be constructed on said lot, except that the width shall in no case be less than thirty-seven feet (37') and the area not less than four thousand six hundred twenty-five (4,625) square feet. 4. MU-R-3-B District. a. The minimum lot area standards set forth in Table 16-6-1.1 apply to parcels of land containing less than forty-three thousand five hundred sixty (43,560) square feet (1 acre). Parcels of land containing forty-three thousand five hundred sixty (43,560) square feet (1 acre) or more may be developed at a density of one (1) unit per one thousand eighty-nine (1,089) square feet. b. The minimum lot area standards set forth in Table 16-6-1.1 for "all other permitted uses• shall not apply to an existina f ·llUcture converted to accommodate a permitted nonresidential principal use on a lot having less than twenty-four thousand (24,000) square feet, provided the permitted conversion complies with district residential -7- ' .,.. .. • • ·• • • r--. (_j .J . design standards and required off-street parking and landscaping requirements . MU-82 District. Relief from front setback requirements set forth in Table 16-6-1.1 may be provided to the situations and land uses listed in this section conditioned on establishing a strong development edge along the front property line. Addition to and existing building. !?: Commercial lots with more than two hundred fifty (250) feet of commercial zoning and lot depth . ~ Drive-thru uses. ~ Outside dining. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3. Severabiljty . · 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 th-e remainder of this Ordinance or its application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification . The repeal or modification of any provision ,;if the Code of the City of Englewood by this Ordinance shall not release, ext ingui sh, alter, modify, or change in whole or in part any penalty, forfeiture, or liabihty, 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. -8- ,, t .. .. • • Sectjon 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 16'h day of May, 2005. Published as a Bill for an Ordinance on the 20th day of May, 2005. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia 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 first reading on the 16th day of May, 2005. Loucrishia A. Ellis -9- t • • ( D COUNCIL COMMUNICATION Date: Agenda Item: Subject May 16, 2005 11 a iii Public Service Company Easement for the L/E WWTP Initiated By: Staff Source: L/E WWTP Supervisory Committee Stewart H. Fonda, Director of Utilities Mark Van Nostrand, Senior Project Engineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION I Ordinance No. 14, Series of 1988, approved a franchise agreement with Public Service Company of Colorado (dba Xcel Energy). Council approved a motion to award a construction contract for the high voltage power line improvements at the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) to Xcel Energy on April 4, 2005. RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance granting a utility easement to Public Service Company of Colorado (PSC) for installation of new overhead high voltage power lines at 2900 South Platte River Drive (L/E WWTP). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Early in the design stages for the Phase 2 8cpansion Project, staff contacted PSC regarding the need for new larger electrical services to be provided to the L/E WWTP. PSC engineers determined the upgrade project is feasible and proposed a new alignment for the power lines to connect to the existing switchgear at the treatment plant. This new alignment would be less expensive to the City due to a much shorter routing of the high voltage conductors. FINANCIAL IMPACT The contract for installation of the new power lines has already been approved by City Council in the amount of $113,337. This amount is budgeted for within the Phase 2 Exparn;ion Project. There are no direct costs to the City to grant the easement to PSC. LIST OF ATTACHMENTS Bill for au Ordinance. Easement document with attachments. Drawings showing easeme nt location . ' • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER----- AN ORDINANCE GRANTING A UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF POWER LINES AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Treatment Plant). WHEREAS, the Phase 2 Expansion Project at the Littleton/Englewood Wastewater Treatment Plant requires new larger electrical service be provided to the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS, Public Service engineers determined the upgrade project is feasible and proposed a new overhead alignment for the high voltage power lines to connect to the existing switchgear at the LJE Wastewater Treatment Plant; and WHEREAS, the new alignment would be less expensive to the City due to a much shorter routing of the high voltage conductors; and WHEREAS, all of the property subject to this easement belongs to the City of Englewood; and WHEREAS, the passage of this Ordinance authorizes a utility easement to Public Service Company Colorado to accommodate the Phase 2 Expansion Project for construction of high voltage power line at the LJE WWTP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The PIJblic Service Company of Colorado Easement from the City of Englewood to the Public Service Company of Colondo, attached hereto as "Attachment l", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal th e Public Service Company of Colorado Easement for 811d on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 16th day of May, 2005. -1- ' .. • • Published as a Bill for an Ordinance on the 20th day of May, 2005. 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of May, 2005. ' Loucrishia A . Ellis -2- • .. -· ( UMSIUN South Meho OMsk>n ROW AOENf Edward M. Barela 0ESC'..RIPIIOt1AU11t(')R Chrtstophef H McEtvllffl, PLS36561 AUlUOO ADOMESS Jehn Engineering Inc. 5855 Wad1wo,lh Bypa11 IA 100 Arvada , CO 80003 DOC NO . rt.AJIGRN:>HO 2131117£ WOIJOICREO NO SR I 288317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT lhc 1111de1stgned G,anlCM he1eby ac.knowted9e1 recetpt of good and vakJal.Jle considefaHon fl'om PUBUC SERVICE COMPANY OF cot OHADO (Comj,any), 1225-1.,.. S1ree1 , Denver. Colorado. 80202-5533, In ccnsiderlllon ol which Granlor(I) herehy g<anll un1o suid Co11lf1any , ill succea&OB aud ess)gnt, • non-eiccluatve easemenl lo cooatmc.t, ope,ale, maintain, repaif. Bod replace utitity lines and all foct1•es anr1 device:1 . u::.ed or uaelul In the operation ol uid lines , lf"ough, OYef, undef. ar.rosa. and along I course as said Moes may be heoeafler cons1nocled •• LOT(a) _, BLOCK __ , SUBDIVISION ___ , In 1ho J!E.IM_ ol Section JL Township j_ S•••1h , llao,ge _§L_Wes1 ol lloe :i!!11J Principal Meridian In 1he &IRll!ml Slale ol Colorado. lhe cen1erllne ol lhe easement being ,tcsC'Jihed aa folows; See Exhibit A attached hereto and made a part hereof. I he easemeut is _Ul'_ feet In wldlh . The skle bo.Nwtary Ines of lhe eaumeol ahlll be lengthened end lhottened H necesnry to ett<".omflOH a coi.ainuou• alrip of nol .... lhan n.e above w6dlh at al points on Ofanlot'I popeffy aoHed by the above delCfbtd easemenl and extending to dte boundaries of ediacanl prope1ttn. touethe, with lhe ,igl• to ente, upon ukl pretnilH, to survey, con1lruct, mainlakl, operate, repair, replace, control, and use sakf l"iltly lines and oelaled fildo•ea and -·· and lo ,emove objecla o~erlemg H,erewllh, Including lhe lrimmolg ol lrees and hushea, and h){JCll.et With the 1ight to use 10 much of the adtobllnv premtae1 of G,antor dtwlng 11tfYeying, con•lmdion, maintenanC".e , repa\f, ,cmoval, 01 ,eplacemenl of sakt utility Mt.ea and ,elaled lbtutea end device• 11 may be ,equhed to pennh die ope1alk>n of Mandafd 1diltly r.ons.lmction oe ,epak mac:h6nery The Gfanlot reMMtl die right lo use end occupy the ea1ement few any ,....pose con&tslent with the 11uht1 and tMtvillNJel above g1•lled •Ml wh6ch wll not lnlerfefe with or endanger any old• Hid Company's ladllNn lhetein °' use lho•eof. S0d1 ,eN1Valion1 by .... Otanlor at'811 In no event Include Ute right lo erect or cause lo be •ected any buldlngs or 1t1uchae1 up1N1 the easemet" .,an1ect Of lo k>C"• any moble home Of baller mill thefeon. tn cue of the pennanenl abandonment of the easemenl, al tight, pth,lege. •ld inlernl granted attall lefmkwle. 1 he wook ol o>alallng ond maloolalning aakt llnea •lll h1..-ea ahal be done wtlh care;.,. aurtace .w,g 1ho --ahal be reslo,ed soollslantialy lo h o,lglnal 1ewet and condlllon. Signed lhia -----clay ol _________ ,2005_. ( rype o, prit~ name bolow each algnaloH llne wilh olficlel lille M corporlllon . portnonlllp , ale.); GRAN roR. CITY Of ENGLEWOOD -By . Douglas Garrett, ;.tayor SII\TE OF COLORADO,------ COU N[Y OF Arapahoe )H. )+ l he to.egoing instn 1111cnl was acknowledaed betofe me 1h11 ---day al .200_ by (G 1a11 lo, name(s) f1om al,oye): Dougl a s Garrett as ~ayor of tho City of Engtev<Y>d Colnredo Wilness m'f hand and official Hal T T A C H !4 E :1 T 1 -- .. ' • • ( 0. I .. Id 1,11 Sll klT I IIF .:! f .11-n .t:tf1Nt•:N1;1 ,F.\\'f,Clll l ltt:A'l f\lf.Nl' 1°1 ,AN'I' ll I ll~rl \' •:ASf-.lUt'NT NO. f 11 111 -201.(111.fll u.t -U7 -115 I< ~·11 I I'll IN 1111 : NlJH IIIEIIS l'l)IIARTU! llF Sl:C I ION JJ. 'IOll'NS llll'•I Slll 1111 , RIIN(;Et,K \HS I "" 1111 S IX 111 l'RINL'll'I\I. MEIUDII\N. L'I rv OF I.N(;(.Ell'UOU, CllllN I Y OF IIRlll'i\llOE. SI II IE < II' l'OI.< •111\IK). lll'IN<i Ml >111 : Ml! l'ICLILI\RI.Y l>ESC:Ulll l!O 115 FOi .LOWS : 11.I S IS (If' 111 ·1\IIINOS: 111 :1\klN<iS 11111 : 111\SE IJ ON IIIE ASSU Ml'l'ION TIIIIT'IIIE NIIR 1'11 I.INE Ill S/1 111 N< Ill l'lll 'IISI' </111\R IHI OF SECl'ION JJ 111 '1\l!S N BH "OJ'IS" W /\NI) l,IONIIMEN 11\D AS ltll ,I <>WS : -II IE NOl!TIIFII S I' l'Ol!Nl:11 IIF ll'IIICII IIEINU J .1.,• Al.I 1~1. CAI' I.S 22S 71. -'1111 : Nllll lllll'ls~ r l'llRNl:U (II' 'IIIE NORTIIEAS r <JIIARTEI! 01' Wllll'II IIEIN<i 11 2" lll!IISS l '11 1' IN l 'IIN<'IIEII' Sl',Ull'l'l>C,t.COF DENVER. I 'OMM ENL'INI; I\T Tl IE NOR'II !EAST CORNER UF SAIi> Sl:CTION J J ; 1111 :Nl 'F N HK "0.1 '1~" W 1\1.l>N<i '1111 : NllR 1'111 .ll~E or SAIi> NllRTIIEAST</111\RTER <II' SH"IIIIN J.l II UIS I IINCI : <ll' IJ 17.11 I-El ' l"I O TIIE NORTIIE/IST CORNEIi OF TIIE WES I' IIAI.F OF 1111 : N< >K 11 IFI\S r <JI 11\R'I EK; 1111 :Nl'I . S (11",I rn· W 1\1.0N<.l TIIE EI\ST LINE OF TIii, WEST 11111.F 01' III E NOR'IIIEI\Sr <.>11 ,\R I I'll ,I DIS l'I\NCE OF 796.86 FEET TO TIIE l'OINT OF RF.GINNING; II 11:Nl'~ N H'!"27'1 •r EA I >ISTI\NCE OF 5.69 l'l:ET; llll'N< 'I: S IHrJ !'•II " EA IJIST/INCE OF IO .IIO FEET; IIIEN l I: S K'/"!7'19" W II l)(STI\NCE OF 41 .60 l'EET; 1111.Nn . S 111°46'5'/" WI\ IIISTI\Nl'E 01' IJJ.80 l'EET; '1111,Nl'I S Hl"Jll '•IH " EA DISTANC E 01' 119.76 rl;H; ·1111 :NCI. S 11 !"!'/'l !" II' I\ l.l1STI\NCE Of 10.011 l'EET; lllhNt'I N B7 ".l ll ',II'' WI\ IJISl'ANCEOf 119.KI l'EET; '1111:Nt 'I S O.!"•l<•~1r WA 1>1SfANCE (W 2.?.29 FEET; IIIEN('I N nm·41, .. WA l.llSl'ANCEOI' HUll'EEI 'IOA l'OINTUN TIIE EASTFRl.\' KIWll ,111', WA\' 1.INI : OI' S< >11'1111 '1.A"ITE KIVER DRIVE; 1111 .NCE N IIO"l•l 'I!" W 1\1.0NO SAIi) EASTERLY I.INl: A lllHANCEUI' Ill.Ill FEl:I'; 1111 :Nn: S HH "ll 5'•1h'' EA IJI S l'I\NCE Of 564.97 l'EEr; 1111 Nl'I · N ll!"·lh'S~ .. EA IJISl'ANCE OF 155.6<i FEEi'; 111 1:Nl'I' S H•J "27'1'1" II' A III Sl'AN CE 11.1<1 Fr:"1'; 1 lll·Nl 'I: N IHl "l!',11'' II' A IJI S'I ANl'I, l>F 111.00 FEEi'; 1 lll'Nl 'I. N H'l"!7'1'1" EA III S l'ANCE Of 60.06 l'EET'IO 'II IE l'OINT IW REl:INNIN(;; I !IN 1,\IN I N!; I\N ,11\FA OF Q,f(,I SF .. 0.2 IUJ ACkl'S, ~IORE OR 11 :SS. Nll 11 . I III S lll·Sl'l!ll'IION our:s NUT HEl'RESEN I' I\ MONllMEN I l'll 1.1\NIJ SIIRVE\'. I III S 111 S<'Hll'll<IN I~ IN 11 :Nl>EI> UNI.\' l'O 01:SCRIUE II IE A ITI\CIIU> EX IIIIIIT. I. l lll!I S I 111'111.1111 ~kEI.VI\IN, A SIIRVEYOR I.ICENSEll IN TIIE S l'A I EOF < 1111111,1110.111 1 II ERUI\' l'Ekl ll'Y 'IIIATTIIE A ROVE llt:SCRll'l'lllN WAS l'R I l'Al!l 11 II\' ~II : Ok llNl)ER M\' lllRl.:L'I' SUl'ERVISION ANOCIILCKINO. l 11111~1111'1111! 11 Md I .V/I IN- 1•1·11tl"'\11,u\l 1 ,\NU IIN\'l\l'ft 111t1•tt\l•tltl1,t\lM .\lkllNNU 1h ~t l 11111 \lllllltlllllll\lltll II IHI I ~H,111111:INtl IN\' rH \\ \11'W11M 11111\ I',\.\\ I \.11., \k\ \I)'\ I t lllll•II l\lil\t,,'Wl #11 ~\I \IIIHII\V 1\1 Hli\l.TI.Jln1f 1llll1b- ' .... . .. • • EXHIBIT SHEET 2 OF 2 r 111141 Of C.:Ul,O.ILM CI t.41 111 IIW 1:,~1 Ml:1 /•I s u ;. 3 .l N( cc.~?. <;LC 5' 14 '~ m ;11w i; 111 Pt.4 M S, llG UW, lo 11 1 PM 111i 1 :,· u 1i 11 :.:-; CAI' IN CON <;. rnu. 3 7!," /•I t:/11' ',11\MI 'Ill ,·,1,1 ; ur ll(NVI I I BASIS Of BEARINGS I.'; n r,11 , l'J 'l I ~ -. . --.. ---·t----~ORTH .. t~;~T~~E :~%~~1~ ~UA ~T~R-·/t' ·,j 11. I,> NE CO R WI /2 14 [ 1 / 4 SEC .l.l T4 5, R68W, 6TII Pt.A • ~ ~ ~ I IHl ll 1111 II fl OAtl 11 111/11., ,to· L Y.IS11 NG IIIIU TY POLE -l XIS llllG f[NCE 'j I t: I • ~~,, i~ lll ::, ,o t.&1 0 m 3: I -I ~~ s , __ J.: ,. ~~,Fi ~;1: •· tn l.1.. Vt i'5 () ~ ' POINT OF ~ 0 BEGINl~ING I ~ N89"27'19"~ ~N89";!7'19"E 60.06 --....., 569 ~ ' CITY OF ENGLEWOOD NOO"J2"41~~;,t-S00Jt41 "'E l~ 10.00 ,.-r~ 10.00 :'.'j , S89'27 '19~ ... l ~ \.; .S89"27"19"W 11. I· 11.1• ... °'1' ,::a I 44 .60 • co.,, ,. IQ t: lll~pi::i I ::i : Noo·24 · 1.1-w :?s,!s-, 0 i 10.0 1· ' z•l"'~9.76" c,> ( • • • I JO" 41'1 "[ " =~::::::!~:~:::::::,T-,-::-..::5=8.l/}5_4_~~ __ 5 6_4.9t --, ~;::: 4r-::::rf r ----~------'::!:::!:c::.!=£~=!°=:."'.o="~=i<::::.==•="'·=JNB .:,oT'\n"w \ NB B"0 5"46"W 574.41" -------------=-19 .8 ," " ) : S02"4 6"59 "W I: S02"29 ' 1 ?"W I 22.29· 10.00 NOIC tt• r'-Uni A tN•1 "'Jlth\t 11 A I OIi ••t.P\l .. 11 1 •JJM'Al ""' ltu Mt .... N rS. ........... I ll"i U .. nifl"o\RAJ4'.»I fl t1• Al14'1.t\ ll t .AI l ll:.&Nlr ... t CITY OF ENG LE WOOD IOCAIIOII U11UfY CASCMCNT LOCAlCO IN lllf NOfflHCAST QUARTCR OF <;(CllON JJ TOWNSHIP 4 S('tJ IH, RANG[ NI WCST ~ 111( 6TII P lol AR(~.:..~ S( .... ~-io,,·I • t . . ._ , "!"' .. • • ~ .. .. -----I I 5 ·• • • . • .. .. ' . •. I .. · ~- 01 LJ ~---l ( ..__) ·. • • .. •.;... . . . .. .• .... . ·, ... · .. .. · .. .:. t \ ; •. ,1· ~ .... • - -1-2 ... 33 _ · 1-1 - • ' .J . \, • Cily of Englewood Alla lagend: A/-. R-1 -.- -=.. ... =--... ._ -... ._ A7 28_2 ti ,v -----D ---.__ - . ----i-.-&iiiiiiiiiiiiiiimll-!!!!!t .... , .... ' C ... ( Date: May 16, 2004 Initiated By: COUNCIL COMMUNICATION Agenda Item: 11 a iv Subject City Ditch License Agreement & Temporary Construction Easement -Wolhurst Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION At their May 10, 2005 meeting. the Englewood Water and Sewer Board recommended Council adopt a bill for an ordinance approving the License Agreement and Temporary Construction Easement with Qwest Corporation for a 2" PVC conduit for a fiber optic line for internet service. BACKGROUND, ANALYSIS, AND ALHRNATIVES IDENTIFIED Qwest Corporation submitted a License Agreement and Temporary Construction Easement to cross the City Ditch right-of-way with an underground bore for one (1) two inch (2") PVC conduit 50' across the City Ditch right-of-way. This will enable a fiber optic cable providing high-speed data service to the adjacent residential subdivision . The crossing is located on the north property line of Wolhurst, south property line of the Large Animal Clinic on South Santa Fe Drive. Englewood's City Attorney has reviewed and approved the license agreement and Temporary Construction Easement FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an Ordinance. License Agreement and Temporary Construction Easement • ' .. ,• ( ( •• • - / Id I tJ ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE APPROVING A LICENSE -CITY DITCH CROSSING AGREEMENT BETWEEN THE CI1Y OF ENGLEWOOD, COLORADO, AND QWEST CORPORATION FOR A 2" PVC CONDUIT CROSSING OF THE CITY DITCH. WHEREAS, Qwest Corporation submitted a License Agreement and a temporary construction casement to crossing the City Ditch right-of-way with an underground bore of the City Ditch; and WHEREAS, this will enable Qwest to install a fiber optic cable providing high- speed data service to the adjacent residential subdivision; and WHEREAS, this License Agreement is needed in order to make an underground bore for one (1) two inch (2") PVCC conduit 50' across the City Ditch Right-of- Way; and WHEREAS, the Qwest fiber optic cable crossing is located on the north property line of Wolhurst, south property line of the Large Animal Clinic on South Santa Fe Drive; and WHEREAS, Qwest assumes full and strict liability for any and all damages of every nature to persons or property caused by the point or points where the Liccnscc pcrf orms any work in connection with the crossing provided by the Licensee; and WHEREAS, the City reserves the right to make full use of the property necessary in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or relocate any of its' facilities located within the City's Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval by Ordinance of the License Agreement to maintain that portion of City Ditch at their May 10, 2005 meeting. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section L The City Council for the City of Englewood, Colondo, bercby approves the License Agreement., anacbcd hereto u Exhibit 1, between the City of Englewood and Qwest Corporation for the Qwest fiber optic cable crossina localed on the nonh propeny line of Wolhurst, south property line of the Larae Animal Clinic on South Santa Fe Drive. -1- ' .. .. • • Sectjon 2. The City Council for the City of Englewood, Colorado, hereby approves the Temporary Construction Easement, attached hereto as Exhibit 2, between the City of Englewood and Qwest Corporation for the Qwest fiber optic cable crossing located on the north property line of Wolhunt, south property line of the Large Animal Clinic on South Santa Fe Drive. Section 3. The Chairman of the Englewood Water and Sewer Board and Director of Utilities arc hereby authorized to sign said License Agreement and Temporary Construction Easement. Introduced, read in full, and passed on first reading on the 16th day of May, 200S. Published as a Bill for an Ordinance on the 20th day of May, 200S. Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on 'the 16th day of May, 200S. Loucrisbia A. Ellis -2- .? ' C •• • • .. [,f('EN5f. · CJ:IT PITCH cnassxxa -:\GBEEW:NT '!'HIS LICENSF. AGREEME?-."T, macla and entered inco u of this day al ____ ...__.. 0 0..5. by and hetwHU the CITY OF !:t-01.EWOOD. a municipal ~rporation of the State oi Colora~ henill nfnnd to u "Cicy-, and ~'Y'i?::>± Ccc{rfQ±,o~ herein roierred to u "Licanlff". WITNESSETH: The City without snr warrener of ice title ar ~st wba~vu, b.tnhy authorial Liceruee, iu succu,or, a..icna. co imtall a .,,;) " ~. C-Occ1~,"t over ~he C~ty'1 ri1ht.1-o!-war !or :he City Ditch. descnbed s, 3 puul of led uti..ated in tte _ --5c:>~~ "!Section~: Tow,ia!).ip. _ -_ lbACt CoS lt)Cd: al :he ~@ P.lot.. Cowiey al Arapahoe. St.stt o! C.Jlorado dtscrib.d :as follow s: See attached Exhibit A. The above,dtscribeci puce! conwm 50 linear feet em:t?C iw l. J.ny consuuetion contemplated or pufar.M4 '.UIUr tll:.a ~ ib&l -,ly wuh and conform to aiandarda 1-lllaud by the Dinctar x Calima fl* City ail N:h ~ th.ill bt performed and completed KcordiDa to the plana. COlll:.IUJII ol one lbNt. • ca,, al wluc:h ia attached h.rfto and made a part btreo!. :?. Tb Licen1111 shall nocfy tbe City'& Direc-..or al Ut~hnoa at luat thrM (3) UYI pnor to~ time of c:ommen.c:ement of tht fOMl:rllCtion of. Qr .uy rc;iain ::adt co. i.-w,·1 ---- '¥ '' P'tCc: C: ocdu ,.~ ---------------------'° tut :he Cur may. ia :~ ducretiou. lll.lpee such operatior.i;. Ill tht date of th« COIIIIHIM:0&111& of COASU\M:tlOII of Ulci - the Licensee ahall complete •uch COnatrucUO'IL place and :iuial.:WI penaUlaC. 'liault markers, of~ type and st aw:h loatiomu dtcc!wtd by the C~C)"• Ol.nftar of t'twt:.n. ref•mnc to the c:eucerlint of the inlwlatlOll and IAall du,~ aOIWIII uea ~ all COMtrllCtian dthr' .. and : .. tar, ~ ~· ~ ita PffY10\&II ~11.CW:1111 .. uu _, lie reuoruolt. In thl tvtnt th. Pluwic ol CM ctattraae &Ums allii die clNrult w reuonuon of the C10Nin« u .. :a eo1 co•p1-IN "'::li&a Ult -.,.cAM. CM Cir, aaa, co:pltt• tha work at CM -ale n,.ue ol uaa uauN E )( 1 ·' ' • • exchwve ri:x :a control all eaumi.nta and :ns..11l;ition.~. In tb event th• ~ // 0 \/C , · t.,Q)d,u,,r should inm-:ere with ;in, future use oi the City's nchuo()f.way bl· the C1:y, the T..icensee shsll. upon request :md ~t its .;ole er,:enu, relocatt, rean"3ncc. or remove iu i:: .. ullsco113 ao u :iot to :."'lht:er11 wtt.'i 1.n;-!UC!l uea . ~-An, repsir or nepu~me::t of lllY C1c-; :n.st.1iac:on mlcie neces.;ir;. in the opinion 0£ the City'& Di:ector of Ut:h~occ:uise of t!le conatruction of the---------- .,;2" ~"~ ~ o~u. d: or ,;,ther :app::rtenant install:ition thereof. ahsll be 1ude .it the 50ie expcnae oi :he Licenaet:. 6. The stipul3tion and condit:.ous oft.bi, Uc.rue :.hall be incorporated into contract speci.fic::it:om if the con.su:uction herein autr.onze:i is to be done on a contrae! basis. 7. The ri;hta anci privileses lfl'anted in :his LictllN shall be si.bjec: to ;iriar acree1111r.t.s, license• a::d/or :r:lr.:s, re::::!e:!. ?r 1,1:irec:ded, a::::: sl:.3.:1 be :he Ltce::.u•11't $Ole re~por.sihility to detcrmino the existtncai oi :iaid documents or conflicting uaaa or i::st;ill3t:ons . ~-~ Licensee sbll co::= and full, c:operate 'A01th the C:ty's personnel sr.ci the con.atruc-..ion shall be completed without in:~r..ere::ce with any lawiul. uaual or orciinary flow of w:ite: throu;:h the Ci:y Ditch. Lice.::ne Jh;ill .uauma !111 riska i..ncident to the pou1ill1 presence of ;uch wsters, or of ltorm water., or of .~ur:'aco wsteri in the Ci!)' D:tc:-_ 9. All trenches or holes within the Cit-/.; ri;:hu-oi-way sh;iil be baclcillad and :amped :o :he origilllll p-ound line in l.1yer~ :10: to excee w (01 inches looie rucsaure to a camp1don of n~ety percent (90%) Stand!lrd ?rector MA== Density. 10. Lic11U1ee, by scceptar.ce of th.a Licenso. 3Xl)r4esaly u1oumes full and smct lisbility !or 3.llY and all damsr-s of e'lt."'Y !l.'lt'Jre to person or property aw;ed by w:iter from the ditch leaking :hrouih the ditch banka or pipeline :it !.°'le ;ioint or pou,t1 where the Llc:,111aee perform• ar.y work in cocnoe!ion wi:h :he =a•1r.1 provu:ed by ±a License. Th" Licensee auumes :i.11 respon.;ibilicy :or mainten&JU:e of :he 1:utall.iton. ll. Licensee .hall inde:nnify and save harmlui the City, i~ officers :ir.d employHs, again.3t any and all claims, dam.ir:es, acctiona or cau.ses of ;iction and erpenaes to w!uch it °.:,d~el ~~ s~j~~r,toc of wd ________________ _ beini; within and ;icrou :ind 1,1nder the prec:iies Q! the City or by res.son 0£ any work done or omi.s,non made by Licensee, itl •cents or employaes, in con."'l•ction with the con.struction. replacement. maintenance or repair of said inttallation. 12. It iJ ex;>ressly ac:-oed chat lll cau of ~censu's breac:i oi snr of the withln ,promises, the City may, at its option . ::.;ive specific per:or:nance :hereof. or 1ut Car cism.ip, rcaultini; !rom 11uch ilreach. 13. Upon ;ibandon.!:l.ent o! any riiht or J)rivilece !liNin grant.id. :he ri1ht of Lic.ns11 ';O that extent s.~'111 tuminate, bu: its oblig;ition to indtmr.ic)o ar.d ~a,,. har.nlns tht City, ita officers anci e:nploree1, ~hall c.ot ter.ni:i.ite in ,my event. In crantinc the? silove authoriution. th~ Cit, ruervts the r.cht :o makt full uae oC the property invo lved ss :nay be r.e ces..ary or convenient in the oper:1t1on of th• wster works plant :md sys:em under the con~ol o£ the Citr . . 2. . .. _J • t • ( • ·• • • 11 ......... -----................... __ ,,.. __ ,...,..,., "' .. -•' ·-- In armrinc chc ~e authclrizJrioa. the Ciry rescrva the rilbt to make tWl use of the propcty involved II may be aac:uary or =avcnialr in the oper.mon o(the water works plant and system under coaaol o(the Ciry . IN WITNESS WHEREOF this instrummt baa been aecutcd as of the day and ye:,,r finl 3bove written. CITY OF E?\'GI.EWOOD BY.~------------Stewart H. Fond:l Director o! Utilities City o!Eftalewood The undcrsipied officer or~ ~+t OY bas md the fon;oinl License, and &cr!II for an oa bcbairor' Wr{X)£A-\ ")\J that it will acc:;,t 111d will abide by all rJle tenns and conditions thereo(. LICENSEE : Nowy: pi.I.~.... ' __::...-.-.:..----- Title : MW f:<'o. M%0 C My commission expires : Address : 9?50 f:. C.04;,b ti B f\'1 0 1 -4'(; ·QS fcg\:£\+:ccd ' (' () Sb/ ;;i__ Pho nc303784-Q.3(a9 ' ... .. • • D EXHIBIT "A" f,fL f lift( LO f I . Bt..OCK I -K,·,':)1S ut OC.-,AIHG · ·-. .. 11e?·~2·• J"w '• 1458.29" I . _I I 11£ COR . LOT 1. BU< 1 .. CENTERLINE LENGTH•50.0'± // /fl WOLHURST FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE BOOK 22. PAGE 78 LOT 1 BLOCK t SWl/4 SEC . 32 TSS, R68W, 6TH P.!A . I 0' I ~ I )..$' ~, ;r:"' (j·· ;fJ 141~ J,;;:, tJ ' • • -- A LIC [NSE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 SOUTH , RANGE 68 WES T OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO. ALSO BEING A PORTION LOT 1, BLOCK 1, WOLHURST SUBDIVISION, FILED IN THE JEFFERSON COUNTY CLERK ANO RECORDER'S OFFICE AT BOOK 22. PAGE 78: BASIS OF BEARING OF THIS DESCRIPTION IS THE NORTHERLY LINE OF SAID LOT 1 , BLOCK 1, ASSUMED TO BEAR N89'52'43"W A DISTANCE OF 1458.29 FEET; BEGINNING AT A POINT WHICH BEARS S89'48'24"E A DISTANCE OF 1244.84 FEET FROM THE NORTHWEST CORNER OF SAID LOT 1 . BLOCK 1 ; THENCE S89'52 '4.3 "E A DISTANCE OF 50.00 FEET TO THE POINT OF TERMINUS, WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 BEARS N89'34'38"E A DISTANCE OF 163.46 FEET; THE CENTERLINE LENGTH IS 50.0 FEET, MORE OR LESS . I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO , DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERV ISION AND IS TRUE ANO ACCURATE TO THE BEST OF MY KNOWLEDGE . DNIUMTIIWPll, INC. 17to S. a..... St.. 11•. uo o-...... CO 90222 Ta..(lOJ)UJ-t'" ru (JOJ P SJ ·-'• PSM .JOB ... 58!18 •C AO "II.(. jtSt,l•(JCH Of-. Y OWO I.} PARC!L O'IINERSHIP IS BASED OH THE RECORDS OF 114[ COUNIY ASSESSOR . 2.) ACCOAOIHG 10 COlORAOO L AW, YOU MUSI CCUIOICE AHY LEGAi. ACTION BASED uPOH ANY DUCCI "' !HIS SUR'JEY •n-n<RU l'(AIIS AF!tll YOU FIRS! DISCO'JER SUCH DEFEC T. IN NO E'JENT MAY .... y AC110N IAKO UPOH AN Y 0£fECI IN THIS SUR'JE Y II( COIIM[NCEO MOIi( ntAH TEN l'(AIIS AFTER Ttt( DA TE OF THC COUlflCAllOH SIIOVI N[ll(ON. J.) TNE ONLY PUIIP()5[ OF IHI S [-T IS 10 5HOW ntE LOCATION OT nt( TELECOIIIIUNICATION$ EASEll(NT(S) FOR Qlll(ST COIIIIUNICAIIONS. 4) IHIS (-1 SHAU 11: CONSIOOl£D NUU. ANO \IQG If ALlDIID IN N<Y WA t t .. · .. .. • • ( 0 ( • • iU •• ,..., L.....,v _ ••""•' • .,. • ..,.,. '"' -·•"'"--"""'...,"" .... ·-·. ·-- 0 0 TE.MPORARY CONSTRUCTION EAS~'lE.'11\/1 This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of , 2 PO 5 b y and between the City of E:iglewood, Colorado, a municipal corpomtion of the swe of Colorado, acting by the tbrough its Warer .md Sewer Board (Grmtor) and __________________ _ Q\ \)e:-::n: C' Ot:-(:X:)CQ. t, QI\ 1 ( Grmtee ). WHEREAS , The City of E:iglewood owns a right-of-way for the City Dir.ch, a carrier ditch (City Ditch RO\\) whicb is located as described on E:uubit A. 'w'HEREAS,CA.i)'==='f ~TP desires :o inmll a .:J'' \?VC- ~t.D-.-'=-00..a.a .... u._..il;~· ..... ~--~-------within the City Ditch ROW pursuant to a license betw~n the ?art:cs. NOW, THEREFORE, In considention of the munul covenants of the parties, more particularly hereinafter set forth, the ldequ.cy and sutf:cienC"/ of which are hereby acknowledged, it is agreed as follows: I. Temporary ConstrJCtion Easement. Englewood (as Granter) hereby grants to Qwest Corp. (as Grmteei, its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary consauction easement through, ave:-, und:r and ac=oss the City Diccb ROW for the inst:l.llation ofl 2 • PVC Conduit. -,-------~------------pursuant :o a licmse agreement (the Project). 2. Term of Eue;:ne:;t. The Project will begin no sooner than 6/6/2005 and will be completed no later than 7/9/2005 . Completion of the Project will be d=ned to have occurred upon inspection and 3PPfOval of the Project by Orantor and this Temporary E.uement will be deemed to have terminated upon sucli comp letion. J . Access . G1'3ntce sh.all have :he: temporary non-e xclusive right to enter the City Ditch ROW for any re3.Sonablc purpose necessary or ;,rudent for the construction of :he Project subjc:::t to the following restrictions : l) nor:ml work ing hou:; slull be consistent with CDOT construction bours, Monday through Frid.ly and 2) the opmtion of equipment 311d be:lvy auclcs will be pc:rmirted on the Englewood Ciry Ditch ROW only dl!ring normal working hours . E l( h i b i t 2 .. ·' t • • I .. _ ...... -....... ·-·-.... __ , ___ .............. ·-·. ·-- 4. Rptor:acion. Upon completion of the P~ject, Grmtce will perform such restor.ition and regnding u is aec:ssar/ or prudent to mmre the surfac: 3Zc:l of:he Cit"/ Ditch ROW :o its original condition. S . Indemnj fic:itign. Grmre:, to the e."tte:it pemlitted by the la\1/S and constitution of the Stire of Colorado, he:eby 1grees to be liable and hold !:wmlc:ss the Ciry of Englewood, its =:iployees. rcmcs, and guesu from any and 111 claims, causes of action. and liability which m:lY occur as a result of the oegligenr or ·NTOngful r.s of Graatee in the consuuction of the Project, including the cost of defending against such claims. 6.. 1..i!lilliri-Gnnree hereby ac:lcnowledges :Jw it '.JJldffltands that there is water flow in the Ciry Ditch from April l ro '.'iovembe:' l of ~h ye:ar md mat ir will assume liability tbc any damage to adjoinins propeny caused by Water flow ~ulting from cbimge :o :he C:ry Dit:~ cused by the Gnnr='s consuuc:ion icrivities. 7. lnsunnc:. Grant:: shall mainc:un in full :ore: 3nd cffe1:t a valid policy of iruuranc: for the Proj~t :n r!ie acou..~r of Sc00,000.00 property covenge md S600,000 .00 liability coverage. Graue: :ur..iler 1grees that all its en:.ployees, concnctors :i."ld sulxont:'lctors wodcir.g on :he Project shall be covered by adequate Workers Compensation insu.'.lnc:. 8. ..ysignme:,r. This Tcmpor:uy Construction E:ise:nent is assignable only with the written ?ennission of uiglewood, wh ich pe:!llission will not UIUC3SO~ly withheld, conditioned or· delayed. IN wtniESS WHEREOF, the ;,arties h::::o ~ve executed this tempor:ary construc:ion ElSl!me."1t on the date and day first writre:: ;ibove. •. (, ( • • .,. 1\ ·""' '-....... ''""'' .......... 1,1, .... , ...... _,. ....... ., w, ·-·, ·-'"' In granr.ng the above a.uthorization. the: City reserves the right to make twl use of the property involved as may be necessary or convenient in the operation of the water works plant and system under conaol of the City. IN W1Th1:SS WHEREOF this instrument has been executed as of the day and ye:ir first move written. CITY OF E.'lGLEWOOD Stew:ut H. Fonda Director of Utilities Ciry of Englewood The undersigned officer of O \u.Qgt: ~S::~) ON has read the forego~License and ~ for an on behalf of said ~~oS?.o..hoµ that it will accept :and will a.bide by a.11 the tams and conditions thereof LICENSEE: QU)Q::,+ C~tCC\.i B~~M~~ Notary. Title:,W<.Q ~ C My commission expires: Address :9:150 € CC6/:z {(A l/>l·4e·"f £os\euJood , ca 80 II ;;;i._ Phone :30 3-7g'-/. 03lo9 ' • • - ( 0 0 . EXHIBIT "A" ,-fL'r LIU[ LOJ I , BLOCK 1-li,~':i lS 1 1f ij[,'RIHG ····, r,s 1Y~2'4.l"'W 1,~.29 · I •,,. ,.';15r\ ,/ ~J,!o / ·· ... MANHOLE rn/ f"II-( I '"~ .. ,,?.---JL...!r_t_su_r:._:~,~~ _ / --! ! --_j ---+--~-'--:t, .. ../, !o! SB~~? < • •• / I --·-::.--T -----_~,..--,---v--·----y-:-"':,:------~;-:,-, ·--sag·,n.-c ·-.·' POINT OF / '--,1119·14·l8 ·r .J ' ' ,2 ... a,· cnr) TERMINUS ,u.,e· (TtE) / ttw COR LOT I, 8U( l POINT OF BEGINNING II( COR . LO T 1, 111.K I ·CENTERLINE LENGTH•50.0' :t / :u WOLHURST FILED IN THE ARAPAHOE COUNTY CLERK ANO . RECORDER'S OFFICE BOOK 22. PACE 78 LOT 1 BLOCK 1 SWl/4 SEC. J2 TSS, R68W, 6TH P .M. I 0· I ~ /# ;t:'" ~I> :e~· ~-:. ,:r "' t • • t A LIC[NSE LOCATED IN THE SOUTHWEST ()UARTER OF SECTION J2. TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO , ALSO BEING A PORTION LOT 1, BLOCK 1, WOLHURST SUBOIViSION, FILED IN THE JEFFERSON COUNTY CLERK ANO RECORDER'S OFFlCE AT BOOK 22. PAGE 78 : BASIS OF BEARING OF THIS DESCRIPTION IS THE NORTHERLY LINE OF SAID LOT 1 , BLOCK 1, ASSUMED TO BEAR N89"52' 43"W A DISTANCE OF 1458.29 FEET; BEGINNING AT A POINT WHICH SEARS S89"48'24"E A DISTANCE OF 1244.84 FEET FROM THE NORTHWEST CORNER OF SAID LOT 1 , BLOCK 1 ; THEN<.:E S89"52'4J"E A DISTANCE OF 50.00 FEET TO THE POINT OF TERMINUS, WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 SEARS N89"34'38"E A DISTANCE OF 163 .46 FEET ; THE CENTERLINE LENGTH IS 50.0 FEET. MORE OR LESS . I, THE UNDERSIGNED. A REGISTERED LANO SURVEYOR IN THE STATE OF COLORADO, DO HERESY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION ANO IS TRUE ANO ACCURATE TO THE BEST OF MY KNOWLEDGE . 1 1-----------, I ) PAIICO. --IS 8AS[0 ON TIC lllCOIIOS aT 111( CQJNIY ASSCSSOII . ar.l'IMIIIIIIYllllllat lllt 2.) ACCOIIOING TO COI.OIIAOO I.AW, YOU MUST COIIIIOICI ANY 1.£-ACTION IK\ollUII lftlllli 1111,, 1 •51.0 -AHY outer II THIS -ICY ·-TltllU 'flNtS Afltll YOU '* s. ...... 11... se... J.JO 0.-,,, CO 80122 IIL(JOl)1'l•t)ft t u UU1'1J• .... •SM .JOe ... 9•91 AC &O ,u..,-,-., ... Ot, 'f O'.a r11tsr 01SC01CJ1 SUQI O[f(Cl . II NO E""'T ••AY ANY ACIION IASID .-0.1 .... outer .. IMS SUIIIC I IE CQlaCNCtO --11N -AfTtlt TH( DAit aT 111( COITIFICAllQN -tCll[OIL J.) II<[ 0111.Y l'\#05[ aT THIS ~r IS TO -TIC LOCAllON aT TIC TtUC CINJNICAllQNS lASOIOll{S) l'OII owrsr COIMINCAIIONS. • l IIIIS ~T ~ • CON9DC111D NUU. ..., -~ M.IUIID II ANY IIAr 0 t .. ·' • • ORDINANCE NO. SERIES OF 2005 BY AUTHORITY COUNCIL BILL NO. 13 IN TRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN VALLEY SANITATION DISTRICT PERTAINING TO THE REALIGNMENT OF VALLEY SANITATION DISTRICT SEWER LINE AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT. WHEREAS, in 2004 Englewood purchased land where the Englewood Scrviccnter and the Littleton/Englewood Wastewater Treatment Plant has resided under a long- term lease; and WHEREAS, the LIE Wastewater Plant is consolidating the 30 parcels that comprise this area and wishes to obtain and incorporate Valley's adjlCCllt land and casement; and WHEREAS, the original Valley Sanitation District line at the LIE Plant wu disconnected and realigned in 1992 to nm down Platte River Drive to accommodate the LIE Wastewater Treatment Plant expansion; and WHEREAS, the original line was abandoned and occupied critical areas of the LIE Wastewater Treatment Plant; and WHEREAS , the proposed intcrgovnmcntal agrccmcnt is for an exchange wb~y 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: . Section 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. Section 2. The LIE Wastewater Treatment Plant Director is authorized to execute and th e 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•• day of May , 200S . -1- 11 b I t .. • ,.,. • • Published as a Bill for an Ordinance on the 6th day of May, 200S . Read by title and passed on final reading on the 16th day of May, 200S . Published by title as Ordinance No._, Series of 2004, on the 20th day of May, 200S. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 200S. Loucrishia A. Ellis -2- l. 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 Connector's Agreement. WHEREAS, this physical connection 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. I THEREFORE, the City and Valley agree that the City, acting through the Wastewater Trcatmcnt Plant, constructed the sewer line currently located downstream from the manhole (identified as Manhole No. S on Valley Sewer Plans and a Manhole No. 27 on the UE Wastewater Trcanncnt Plant plans) located in the Eat Platte River Drive Right-of-Way to the point where the sewer line tics into the UE Wastewater Treatment Plant hcadworlcs (approximately 1,247 feet of the 24 inch sewer line). The City further agrees that they will assume ownership and maintenance over said sewer line as described in "Exhibit A". As consideration for the construction and maintenance of this sewer line, the Valley Sanitation District agrees to quit claim all of its tide and interests to the area connected to the old sewer line . which was abandoned with the creation of the new connection in 1992. Said Property is shown on "Exhibit B". The City shall waive any liability, which Valley may have for any sewer line or structures remaining within the subject area u shown on, "Exhibit B". IN WITNESS WHEREOF, the Parties bcrcto have caused this Agrccmcnt to be signed as of the date first written above. By: CITY OF ENGLEWOOD, COLORADO a municipal corporation Stewart Fonda A T T A C H I4 E ~l T A Title : L/E Wastewater Treatment Plant Director ATTEST : Loucrishia A. Ellis, City Clerk . ' .. • • , ATTEST : VALLEY SANITATION DISTRICT a special district of the State of Colorado • • • • • • • • • • • • • • • • ~-- 0 0 EXHIBIT A " B C E F K N " §A~ -~__.1_,.,,· KEYNOTES: 0:,~C,CC11111~ff~ATw.MtCLl11LCl(~ln•,li:.REDE1 ..... ;:! SCALE 1· • YJ-tr --· ... :i.-sn, . >rOE .. .. rl'E ... ., ..,.,·~ ..... 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SCALI. i~-~ "1.fl' --u • -• AIU528U • • - • • • • ~ - ·• • r,, u • F H K M N D P I YARD PIPING GENERAL NOTES: ----··-.____--I A. -~r-ff"'"':Ei'~-=..~'"i~-=~':,, ~"""--~ I :tf" .. •:=:..::.'==='--... --~~-...... ··-------·--···--··--··· , , .. -~ .... --........ 111&&.lalla.....a:STDICl'WIJMl:&UI.Nfl--.&. ....... •~fDIIAT-.,. C -------- -----' TIMaLlll~Tlmletl'M. / <-=:,~.111~-=-~=-~-=.~.:==::..'"'.:='-..,.,.-di 11:1.': ........................ ~ .... .....aa.JU~---, ....... I a. ~=.~~"'-"*'••ne'CINIT'Ycs,..-.TO.....,.c'NIIA..caanm.l'IIDIITO L--~~~.:::.~~..::r:~~ ~.._~~..Ir.~ !!!!'-"----.. -::-.."=:.'.:-W-..Ai ...... ~... TO ....... ~YNCNIJW.lmlll. 1 ,. =::==a.•;w.a;o-~naa---.~._..cm••u•WITN~--flal .. -............. ...-c.aa,. SL tt. .... •-.-.&.•-na• ...... ....,'nlllnl:Ulllallll. • L ~~-""--... AT~ ... ~-~MsnlMIIIIM.~QDIIIICftllJIII J Jil 1L5ZS3.,' '-~-=:....~~Q=.:.':\~':.----'-•r.r....,..01MMIIW...cAta~ ~~ .L---~ .. ~ ....... ~S.U.Nlaafa~ ...... ...,... ..... -~ tl.~i"J-.·.. L. ~------... -MmalaS-.olllfflia:lll,..TOW&lliO ... ~ ~ .__.....,....IICTal_ .. _.........._ 4 M. ~ .. ,_ .............. ftPt 7 .IGT .... Uft.#Y~. I O.~fll~~==----=--=-~'&~'="'c."',,:0.::::""_,.· KEYNOTES: ~ ... c:Mlilll ....... ..,..-... ... -...~,a---,,..,. .......... .,, .... ,.,.. ... ,. .. ,..r•a1-.. =-tl---:-::Sr""--~-!=.~-I .. a="' TO~&.aelll~IINU.N e ..... _ 8• N......_ ____ ___._ I CJi r ...... CUIIJl"l'Sl'MDl.-llll'M.~ 12 • -----. ....... ~Tacu.M~I» ................. .. .~,. =====-~ g I ----•r1aa--. .:I - i ='l:l':IUl:r' ___ ...... ...._,_.11~AT.._.~_..,, ... ,..,.,... ~.-::::lr.c::::il~~ .... '":"'.~-:;'.:>'711 '' ............... ...,..,..,. ................... ~-...... ... r_aaiaia:t __ _,,.._.....,. . -- I ......ar,__ ..... _.,.._,.,_...,r"'~-....._ .. ,... ... rMftlmanr-....__,,._'tlL I 18•-1-w••----•vr~ .... --.w. .................... _an..~ ~ =:::.:::c:::."::.....~ ................................. __ ... ,._ ... _.....-clfll ___ .. __ .,....~ ......... _ ... ...___.,..,.._.,....T_, _ _...._.nAnait F._.,....._ a,r • ..,. ... -.w • ..., ........ -.. ----r-..._.... ..... --. .,..,__,.,. ... 111 .............. u, ... ,vn.-,.... __ ...... ,..._._. ...... ____ .._ ...... ........ fll..-__ ........ ._. ..... "nml _ ............. ..._. ...... .._..__ .......... _ ....... ...._ _____ ............ ~ r '"'':'.C,".-.:',n~ i!P.:-.aa.'w ... -"~ l ... "' ............ ~---- .... --...... ---..... a. ~--,,----.-,_ : 11111;- -SIZ- CMI. YARD PIPING AREA 1 N C-00-011 ... -... CJ. • .. ' ll,, ' • ... J .. .. . . : . ,;· : . ... \, ·--·.--.J =====·=· --=···=---=·· =-~-=· =·=-=· ==--=w::r·=· ==-==-~~=. -~~~--~·tf9, ;··i"7·--·---· --...:.._ • 1 • .:-. .... ' ~11 ··. -~~~~-... ·,· ·,·· ·1 •. I I I . . . . . . . . . . . . . . . . : . t f,f\ \ .', ~ / I ' 0 , 1 .. · · ... • , • , • , • , • ~· • • • • • ' • I I.,, J .,, J ·"'·'" I l ·":-:::.:.:.: .. 10' EASEMENT BK 25J6 PG 484 11 I I I a.re .. / J. I INGRESS/ EGRESS ANO UTLITY EASEMENT 1 · ..... '°.'..-c .j .-:: ·.·.·.·. I ·. ~': f ..: . · · · ' I''~. : 1-: ·. /. . . . . . . . I ~ "'~ ~ ~~-:=, =:.-W4"~~, J'.... W~-82 I . .AflPARDfT-lOCATION · · · 1 . . . . . . 11< ~ ~ .17. ( -:·i :~~-:-:~~:~~-~-~-~ J s4,, ...... -. ---~ ~ I~ ... ~ . . . . . . . . . . . . . . . . . . ····t···-·.·.·.·.·.·.·.·.·.-~¥1 .............. . . .l . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . J . . . . . . . . . . . . . . . . . . . . . . ' I~ ,~ . : -~.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: . . ·I· .............. . I~ ,~ I~ 1h . . . . . . . . . . . . . . . . . . I I I I .. • ..-e-:r•• Utility Easement and Parcel consisting of two parcels described as: Parcel 1: A strip ofland located in the West One-balf(Wl/2) of the Northeast One-quarter (NE 1/4) 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 lyin1 within the right of way of West Bates Avenue extended. and rwminl 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-Wcstdim:tion 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 remainin1 two hundred (200) feet is forty-four (44) feet . Parcel 2: EXBIBITB PAGEl ... t 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 Nonheast 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 Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of Section lbirty·thrcc (33), Township Four (4) South , Range Sixty-eipt (68) West of the Sixth Principal Meridian ; thence North alon1 the West line of the Northcut Quarter (NE 1/4) of the Northeast 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 of 266 feet; thence South parallel to the West line of the Northeast 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 Nonheast Quarter (NE 1/4) of said Section for a distance of 266 feet to the point of bcginnin1 . " • • ( I COUNCIL COMMUNICATION Date: Agenda Item: Subject: May 16, 2005 11 Ci Resolution for a Supplemental Appropriation for year end 2004 to comply with City Charter requirements Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the 2004 Budget and Appropriation on final reading November 3, 2003. RECOMMENDED ACTION Staff recommends that Council adopt a resolution approving supplemental appropriations for the year ending 2004. These additional funds are required because all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year-end. The sources and uses of the funds are : GENERAL FUND Source of Funck; Unreserved/Undesignated Fund Balance VKof Funds; Public Works Department Energy Costs DONORS FUND Sourq of Funds; Forfeiture funds Vsc of Funds; Exercise equipment and evidence storage building impro ements SERVICENTIR FUND Source of Funck; Charges for services VK of Funds; Cost of sales ~ $55,500 ~ $55,500 $95,200 $95,200 $107,000 $107,000 .• • • The City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations. The attached resolution appropriates funds to ensure the City of Englewood complies with legal restrictions governing local budgeting. FINANCIAL IMPACT These supplemental appropriations will reduce the General Fund unreserved fund balance by $55,500. The Donors' Fund is being amended to reflect the purchase of exercise equipment amounting to $43,900 and improvements to the evidence storage building amounting to $51,300. These items were paid for with forfeiture funds and approved by the City's Forfeiture Board. The ServiCenter Fund is being amended to reflect increased sales and related costs of sales mainly in the area of fuel and outside services. LIST OF ATTACHMENTS Resolution . . -· . t ·• ... .. • • ( RESOLUTION NO. SERIES OF 2005 A RESOLUTION APPROVING THE 2004 YEAR END SUPPLEMENT AL APPROPRlA TIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS. WHEREAS, all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year end; and WHEREAS, supplemental appropriations are often necessary after all expenses are processed; and WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do not exceed legally adopted appropriations. NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2004, as follows: GENERAL FUND Source ofFunds: Unreserved/Undesignated Fund Balance $55,500 Use of Funds Public Works Department Energy Costs $55,500 DONORS FUND Source ofFunds: Forfeiture Funds $95,200 Use ofFunds: Exercise equipment and evidence storage building improvements $95,200 SERVICENTER FUND Source of Funds: Charges for services $107,000 Use ofFunds: Cost of sales $107,000 •• t ' • • Section 2 . The City Manager and the Director ofFinance and Administrative Services are hereby authorized to make the above changes to the 2004 Budget for the City of Englewood. AOOPTED AND APPROVED this 16th day of May, 200S. 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. ____J Series of200S. Loucrishia A. Ellis, City Clerk • • ( ( Date: May 16, 2005 Initiated By : ·• • • COUNCIL COMMUNICATION Agenda Item: 11 C ii Subject : Staff Source: Englewood Public Library's "S ummer Food for Fines" Program Library Department Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored the popular "Food for Fines" program for the past 15 years, and each year City Council has voiced its support ' In 2003 the Library Board requested expansion of the annual program to twice a year as a way to mitigate the increase in overdue Library fines and to encourage the timely return of Englewood Public Library materials so they can be used by more people. City Council subsequently approved expan ding the program to two weeks during the summer as well as two weeks at the end of t he ca lendar year. The two weeks of the "Summer Food for Fines " program covers the last week of the public school year and the first week of vacations, a time during which students and teachers are cleaning out desks and lockers in preparation for the summer break and numerous overdue Library materials are located. The two weeks of the "Winter Food for Fines • program traditionally covers the period between Thanksgiving and the Christmas holidays. Historically, each of these events av erages $1,000 to $1,500 in donated food items for the Interfaith Community Services food bank. RECOMMENDED ACTION The Library D epa rtment recommends that Council adopt a resolution authorizing the Library's "Summer Food for Fines " program from Monday, May 23 through Sunday, June S. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1990 the Englewood Public Library has provided its "Food for Fines" program as a way for those patrons with fines on overdue Englewood Public Library materials to "pay" them off through th e donation of non-perishable food items th at, in turn, benefit local area families. Following 2003's increase in maxi mum overdue fines from $2 to $5, the Library Board requested that the number of foo d items req uired to pay off a single overdue charge also be increased beginning with the 2004 "Winter Food for Fines" program, e.g. it now takes two food items to cancel out the late charges (not los t or damag ed charges) on one overdue item . These food items must be presented to the Library Staff at th e Circu lation Desk in order for the fines to be cleared from the patron 's computer reco rd . The co ll ec t ed food items are then forwarded to Interfaith Community Services for their "foo d b ank" distribution to financially disadvantaged families in th e Englewood area. This program has b een warmly receive d by th e public since its inception, and Library patrons now look forward to it as a way of helping others while relie ving their own financial obligations . Thus , the program t .. .. • • presents a positive image of the Library and the City and is a "win-win" situation for everyone involved. FINANCIAL IMPACT • Since its inception, this program has raised an estimated $22,200 in donated food items to assist needy families in the Englewood area. • The money the Library collects each month in "late charges• (i.e. charges on books and other Englewood Public Library items returned past their original "due date• and past the three-day "grace period•) goes to the City's General Fund. These revenues traditionally drop about SO"A, during each of the Library's two-week "Food for Fines· programs, but the loss is more than offset by the "good will• this program generates among Library patrons and by getting the Library materials back on the shelves so that others can use them. UST OF ATrACHMENTS Resolution . , . • • • ( I h " RESOLUTION NO. __!:]Jj/ SERIES OF 2005 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER "FOOD FOR FINES" PROGRAM FROM MONDAY, MAY 23 THROUGH SUNDAY, JUNE 5, 2005. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program during the November/December holidays for the past fifteen years; and WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items ; and WHEREAS, the food items are then forwarded to the Interfaith Community Services for their "food bank" distribution to financially disadvantaged families in the Englewood area; and WHEREAS, the program is a benefit to the community in that the disadvantaged are assisted; the air cleared with respect to fmes ; the City receives its library materials back and the program presents a positive image of the Library and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The Englewood City Council hereby autborius the Englewood Public Library's implementation of the Summer "Food For Fines" program &om Monday, May 23, through Sunday, June 5, 2005 . The collected food will then be forwarded to the Interfaith Community Services for distribution to financially disadvantaged families in the Englewood area. ADOPTED AND APPROVED this 16th day of May, 2005 . ATIEST: Douglu Garrett, Mayor Loucrishi A. Ellis, City C lerk I, Loucri hia A. Ellis, City C lerk for the City of Englewood, Colorado, bc:reby certify the above i a true copy o f Resolution No. __ • Series of 2005 . Loucrishia A . Ellis, City Clerlt t .. . ··' • • -·• • • LAW OFFICES DAVID J, BRUNO MARC F. COLIN DOUGLAS JEWELL BRUNO, BRUNO & COLIN, P.C. MICHAEL T. LOWE JEFFREY J. CLA VTON Honorable Douglas Garrett, Mayor City ofEnglewood 1000 Englewood Parkway Englewood, CO 80110 Councilwoman Laurett Barrentine Councilwoman Beverly J. Bradshaw Councilman John Moore Councilman Ray Tomasso Councilman Jim Woodward City of Englewood SUITE 10,, ONE CIVIC CENTER PLAZA 15'1 BROADWAY DENVER. COLORADO Nl02-514J TELEPHONE : (JGJ) IJl-10,, FAX: (JIJ) IJI-IOA May 12, 2005 l 0 LOUIS 8. BRUNO Selliorc ...... SUSAN L HILL YAltD ore- FRANK A, HUNO u-.1m1 MAY ) ~~Ci: I 000 Englewood Parkway Englewood, CO 80110 \... • '.".i_·,-: !: ~: .· .,;.;. Gary Sears. Ciiy Manager Englewood Civic Center I 000 Englewood Parkway Englewood, CO 80110 RE: Englewaad Polle, 1,n,tlt A11ociglipn Vote of No CoaOdeace Dear Mayor Garrett, Manager Sears, and Members of City Council: -1-· . ~ ' As certainly you will recall, on February 22, 2005, officers of the Englewood Police Department. through the Englewood Police Benefit Association, presented to City Council at an open meeting their vote of no confidence in Director of Safety Services, Chris Olson . Obviously, the aniculation of their lack of confidence in Director Olson came as the result of increasing frustration over the operations of the Police Oepanment and concern for both the safety of the members of the EPBA and the citizens of Englewood as the result of Director Olson's inattention to matters of critical concern . It was the anticipation of the Englewood Police Benefit Association that prescnlation of this ote of no confidence would awaken the City to the concerns of these officers and the prior lack of response from management. Unfo rtunately, the City's of lack of response to these issues bu continued and in fact, its silence is deafening . ' .. • • Honorable Douglas Garrett, Mayor Gary Sears, City Manager Members of City Council May 12, 2005 Page2 To the understanding of this office and immediately following expression of the vote ofno confidence, a memo was forwarded by City Council to the command of the Police Department requesting investigation of these issues. Certainly the EPBA saw that inquiry by Council as being a step forward in the resolution of these concerns. Surprisingly, in response to that inquiry the EPBA has heard nothing. In fact , in more than 2-1/2 months management of the Police Department has made no direct contact with the Englewood Police Benefit Association Board. Issues which were addressed publicly remain unresolved. Issues which were raised but were not specifically identified have received only inattention. As expressed on February 22, 2005, to Council lack of management within the Englewood Police Department has raised serious public safety concerns which place both the citizenry of Englewood and its police officers in potential, if not life threatening, jeopardy. Please understand that the Englewood Police Benefit Association moved forward with their vote ofno confidence only after all other efforts to resolve these issues by meaningful communication had failed. A vote of no confidence in Director Olson was not taken lightly by the EPBA and should not be taken lightly by the City administration. Your continued inquiry and investigation into this matter is both appreciated and necessary. Should you have any questions in this regard, please do not hesitate to call. Very truly ours, ~ BRUNO & COLIN, P.C. '--00, CT\-~. ~ David J . Brun°" DJB/ley cc: Englewood Police Benefit Association Director Chris Olson, Director of Safety Services -. • • C AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 16, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder./:~ 2. Invocation. 4 . Roll Call. 5. Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council meeting of May 2, 2005. a~ 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited lo 45 minutes and if limited shall be continued lo Genwcussion.) 8. Communications, Proclamations, and Appointments. ff 9. Consenl,Agenda Items. a. b . Apprgl of Ordinances on First Reading . Ap~I of Ordinances on Second Reading. Please note: If you have a disability and need auxiliary aids or sefVices, please notify the City of Enpewood (303 -762-2 407) at lea st 48 hours in advance of when services are needed . Thank . t •• "' .... .. • • --·• • • fv Engl ewood City Coun ci l Ag enda May 16 , 200 5 ~ Page 2 ~ ,:rol"tioos aod Motio"'· ~/ ~ i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee for Council to approve, by motion, the purchase of licensing and hosting services for Datastream 7i in ihe amount of $63,415 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from the Utilities Department for Council to approve, by .!!}_Otion..,the purchase of one, new Sanitary Sewer Flusher Truck. Staff recommends awarding the contract to the lowest technically acceptable bidder, Williams Equipment, in the amount of $115,875 . SOURCE: Stewart H. Fonda, Director of Utilities. ' ... • • - ( 0 0 Eng lewood City Council Agenda May 16, 2005 Page 3 iv. Council Bill No. 18 -Recommendation from the Utilities Department to adopt a oill for an ordinance approving the License Agreement and Temporary Construction Easement with Qwest Corporation for installation of PVC conduit for a fiber optic line for internet service . STAFF SOURCE: Stewart H. F7i:_d~ 1 • /. / Director of Utilities. /¥ ~ b. Approval of Ordinances on Second Reading. l jJ.~·-Council Bill No. 13 approving the agreement with Valley Sanitation District for {fl rr realignment of the ~lley Sanitation District sewer line at the Wastewater Treatment Plant. 0 c. Resolutions and Motions. Recommendation from the Finance and Administrative Services that Council adopt/ t./1 / a resolution approving supplemental appropriatio~ Jtir_ 't!:a~ endrg 2004. Jr b r- STAFF SOURCE: Frank Gryglewicz, Director. IA{ ~'11-(A) /.A.--(J \... / ""') ( 12. General Discussion : ( a. Mayor's Choice. b . Council Members' Choi ce. 14 . ' City Attorney's Report. 15. Adjournment. ?J:45 • Cul tur al Arts Commission meeting of April 6, 2005 . • Liquor Licensing Authority meeting of April 6, 2005. • Planning and Zoning Commission meeting of April 19, 2005 . Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303 -762-2407) at least 48 hours in advance of when services are needed. Thank you. ' ... .. .... • • ·• • 4. Roll call Members: 5 . ~~ moved ~~/D~, ( /iDV ., COUNCIL • MNllng WOllmg nolN • I .. l I ~ \. -.. I i \ I . ; ·-.___,,} •· • ·• • • 0, \· ~ ~ .. ~---l .i _ __) • .. 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