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Home My WebLink About2005-06-06 (Regular) Meeting Agenda Packet~· ... •• ... ·• • • . . ",.' ...... • .... ., . ·· .• . •.:. .. ' . . . . . .... Regular City Council Meeting June 6, 2005 Ordinance /Ir/ 21, 22, 23, 24, 25, 26, 27, 28, 29 .. : Resolution # 47, 48, 49, 50, 51, 52, 53, 54, 55,. 56, 57 . • • , .... ~ .-,. J I \ . __ __) .. . . • ' 0 . :. . .~ . • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Session June6,2005 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:34 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae of Allealance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCall 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 Aaherty City Clerk Ellis Police Division Chief Vandermce, Safety Services Police Lieutenant Sanchez, Safety Services Fire Captain Pattarozzi. Safety Services Senior Planner Langon, Community Development Director Gryglewicz. Finance and Administrative Services Director Kahm, Public Works Director Long, Library Housing Finance· Specialist Grimmett, Community Development Director Fonda. Utilities Director Eaton, Human Resources 5. Consideration or Minutes or Previous Sesliion (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 16, 2005. Mayo r Garren as ked if there were any comments or corrections. There were none . Vote results: Ayes : Nays : Mouo n carried. Council Members Barrentine. Moore. Bradshaw. Garrett, Wolosyn, Woodward , Tomasso None ' .. .. • • Englewood City Council June6,200S Page2 (a) Members of Englewood's Firefighter Combat Challenge Team were present to address City Council rega rd ing the upcoming Firefighter Combat Challenge. Roman Rede introduced Jason Hehn, Dennis McTaggart and Reggie Black. Reggie Black is one of the newest members of the Englewood Fire Department and our newest member to the Firefighters Combat Challenge Team, he said . He is a great guy and a great member to our team, which brings us to why we arc here . Last year, with the assistance of this City Council, we were able to travel to and compete in a World Firefighter Combat Challenge in Las Vegas, Nevada. A few months prior to that wc personally financed and sent three of our members to Fremont, California to compete in the Regional Qualifier in order to get us to Las Vegas . This year we would like to do the same thing. Hopefully, with the City Council's help, wc would like to send our entire team to Fremont, California and then fly to Deerfield Beach, Aorida to represent the City of Englewood as your Firefighter Combat Challenge Team. At this point in time, we arc estimating the cost to be roughly in the neighborhood of $9,800.00. This would be for meager accommodations and the cheapest airline that we can fly . Last year, with the assistance of the City Council. we did go to Las Vegas, like I said, and we put five guys all in one room. I know we like each other very much. but it was a little cramped for firefighters, bunker gear and wc arc all too old to be sleeping on the floor at this point. We thank you for your time and again. wc would very much like your assistance to be able to represent the City again this year. This would be our fourth year in a row to travel to Worlds and any assistance would be fantastic . Thank you very much. Mayor Garrett said thank you . 7. Recognition of Unscheduled Public Comment (a) Daryl Estes said basically we just wanted to come in once again and mention the Golf Tournament that we arc going to put on by Positively Englewood . We would like to ask City Council and the City of Englewood to con~idcr joining us for that tournament on Monday, June n•. Jackie Edwards said this is our logo and wc were wondering if City Council would send a foursome-or two to our Golf Tournament. We would really appreciate it. We are also sponsoring a bicycle drawing a month. She showed Council a copy of last month's poster. She said a five year old girl won the first bicycle. We have had quite a bit of response and so far we have eleven bikes lined up to give away ... one a month . The children have to write a ihor1 essay on the back of these posters in order to win. but the essays aren't judged ... they arc real cute thouah -Quite a few of the businesses in Englewood have already signed up for sponsorship for our Golf Tournament. Most of them arc the car lots up and down South Broadway, surprisingly enough. and we have some printing companies and ,a few o f the re staurants. So. we have had some really good response and wc arc extending the deadline to this Friday to s ign up. So. we would really appreciate it if the City Council would send a foursome or two to play in our Golf Tournament .. Mr. Estes le ft some brochures for Council. Mayor G arrett said th ank yo u. 8. Communications, Proclamations and Appointments There were no co mmunicati o ns, proclamations or a ppointments. 9 . Consent A1eada r COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (Ii) and 9 (c) (I). (a) Approval o f Ordinances o n First Reading (i) COUNCIL BILL NO . 2S. INTRODUCED BY COUNCIL MEMBER BRADSHAW ' • • •• • • Englewood City Council June6, 2005 Page3 A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18111 JUDICIAL DISTRICT. (ii) COUNCIL BILL NO. 21, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, SECTION 2 , OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ACUPUNCTURISTS. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 11.) (c) Resolutions and Motions (i) A contract to purchase and installation of tile type carpel to replace existing carpel, in the Library, that is worn and tom. Staff recommends awarding the contract 10 the lowest responsive bidder, Resource Colorado, Inc ., in the amount of$121 ,826.32 . Vote results: Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 10 . Public Hearing Items (a) Mayor Garrett said this is a Public Hearing 10 gather public input on Council Bill No. 17, approving proposed housekeeping amendments pertaining 10 Tille 16, Unified Dcvclopmenl Code. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 17, APPROVING PROPOSED HOUSEKEEPING AMENDMENTS PERTAINING TO TITLE 16, UNIFIED DEVEWPMENT CODE. Ayes : Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Woodward. Tomasso Nays : None Motion carried and the public hearing o pened . Senior Planner Langon. being duly sworn, said for your consideration tonight is Council Bill No. 17 ... proposed amendments to the Unified Development Code. The first reading was on May 16• and I have already submitted to the Ci1y Clerk notice of thi s Public Hearing. published in the Englewood Herald on May 20, 2005. The request before you is 10 consider public tes timony o n the proposed "housekeeping" amendments, as they have been known . The adoption of the UOC last year was the first major rewrite of the zoning ordinance i n about 20 years and it was pretty well understood. due 10 the volume of material that we considered and worked on ... nearly 300 and some pages, that w11h the rcformauing and updating of the Code, that we would have minor oversights and errors to contend w11h. and this housekeeping meas ure is to address the omissions and clarifications that we have identified in 1hc past year. In addition. there arc three areas that arc new topics or new areas ... each one of them being small and 11 was deemed 1ha1 they were nol large enough amendments 10 stand on their own and carry each one individually 1hrough the process. So that i why those three areas ... addition of in1cmc1 sales 10 the allowed uses, projections into 1he sc1backs and lapse of approval of cases ... arc being added in and amended with this "housekeeping" amendment We ha,c reviewed these a number of times ... al first reading and al Study Sessions. I will be happy IO address any qucstl ns . Mayor G a rren asked if 1hcre were any questions for M . Langon. Council Member Woodward said I have one questio n. On page 21 under the Mechanical Equipment. a citizen had as ked .~ a question here m the I I couple o f weeu regarding a swamp cooler that ,..as beina inswled in the side - ' .. .. • • Englewood City Council June6,2005 Page4 .. •• • • 0 yard of a property next to theirs. Would a swamp cooler be included under I or 2? Ms. Langon said it is a small scale mechanical, whether we call it an air conditioner or a swamp cooler. The idea is we have always allowed them and what we arc doing with this amendment is codifying what we have handled by policy in the past. Mr. Woodward said okay, thank you. Mayor Garrett asked if there were any other questions for Ms. Langon. There were none and he thanked her. Mayor Garrett said no one has signed up to speak at this particular public hearing. Is there anyone who would care to address this issue? There was no one. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 17, APPROVING PROPOSED HOUSEKEEPING AMENDMENTS PERTAINING TO TITLE 16, UNIFIED DEVELOPMENT CODE. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried and the public hearing closed. (b) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No. 19, approving amendments to the Unified Development Code pertaining to front setbacks in the MU-B-2 Zone District. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 19, APPROVING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PERTAINING TO FRONT SETBACKS IN THE MU-B-2 ZONE DISTRICT. Ayes: Council Members Barrentine. Moore. Bradshaw, Garren, Wolosyn. Woodward, Tomasso Nays: None Motion carried and the public hcar'ng opened. Senior Planner Langon, being duly sworn. said this public hearing is for Council Bill No. 19. the proposed amendments to the MU-B-2 zone di st rict front setbacks. I am filling in this evening for Senior Planner Mark Graham who is out of town, so I will do the best that I can in answering your questions. May t6• was the first reading on thi s issue and I have also s ubmined. to the City Clerk. notice of the Public Hearing which was published in the Englewood Herald o n May 20. 2005 . The issoo before you is an amendment to the UDC to amend the front setback regulations for the MU-B -2 Zone District. The original setbacks adopted in the UDC in February of2004 in the M U-B-2. were established at Oto 5 feet. That was based on an Urban Design Team recommendation to create a strong developmcnl edge along the commercial corridor by using buildings to create that edge. Over the past year. s imilar to the UDC '"housekeeping'" amendment. we recognized that the '"one size fits all'" concept doesn't wort with every situation. So with the help of the Planning Commission we have developed four situations where the Oto 5 foot setback can be relieved, provided that the applicant create a strong development edge usill& toOI that we have generated through either landscaping or fencing or some type of vcnical clement that would create that edge that the building would not. And those situations that we have identified. arc deep commercial lots ... lots that arc peater than 250 feet in depth; existing buildings that arc setback more than that Oto 5 foot that want to add on and increase the s ize of the ir buildings; or si tuatio ns like a sidewalk cafl! dining tha! would want to have cafl! scatina in front of the building and the other would be dri ve-through uses. Those arc the only four areas that this amendmelll addresses and o nl y in the B -2 area. T he relief wo uld be in the Oto 5 foot setback. only provided that the developmelll creates a trong development edge and. again, by using landscape features and tree features, fencin& or some other type of vertical elcmenl that would be identified . These are not being identified individually in the Code, because we felt that there were myriad ways of addressing this and rather than putting in hanl and fast rule ... that it must be this. thi s and thi s ... we would have a policy where there were more options. that each individual development could be cons idered on a separate and case by case basi . Mayor Garren asked if there were any quc 11ons for Ms . Langon. There were none and he thanked her . Mayor Garren said no .one has 1gncd up to peak at th1 pamc lllar public hearing. ls there anyone who would care to address this issue? There was no one. • ' • • Englewood City CouncU June 6, 2005 Page!! ·• • • 0 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 19, APPROVING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE PERTAINING TO FRONT SETBACKS IN THE MU-B-2 ZONE DISTRICT. Ayes: Council Members Barrentine , Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None Motion carried and the public hearing closed. (c) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No . 20, approving amendments to the Englewood Municipal Code Historic Designation. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 20, APPROVING AMENDMENTS TO THE ENGLEWOOD MUNICIPAL CODE HISTORIC DESIGNATION. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried and the public hearing opened. All witnesses were duly sworn. Senior Planner Langon said Council Bill No . 20 is amendments to the Historic Preservation ordinance, which is a repeal of 16-6-11 and the adoption of 16-2-20 in its place. The issue was first considered at first reading on May 16, 2005 as part of the UDC "housekeeping" amendments and at that time Council voted to remove the Historic Designation section from the "housekeeping" amendments and consider it separately. I have also provided the City Clerk with notice of this Public Hearing, which was published in the Englewood Herald on May 20, 2005. Just as background, in 1999 the Historic Preservation ordinance was established and that was a method to designate land marks and districts and. with that ordinance, no restrictions for alteration or demolition were attached to the regulations . In 2004 an issue of ambiguity was identified. The ambiguity was in the two terms ... application and nomination, and specifically who had the authority to initiate an application . That was in late 2004 and in early 2005 Council directed staff to conduct a community meeting on historic preservation. That meeting was conducted on February 23rd of this year by Lauri Dannemiller. On April 4• she presented findings of that meeting at a Study Session to Council and as a result, Council directed us to prepare amendments that addressed the ambiguity of the terms. Application was the term that was chosen to be used and also Council reiterated that no restrictions affecting alterations or demolition would be continued . Council also directed that we reform the regulations to be consistent with the UDC and that is why Section 16-6-11 is being repealed and the section is being moved into Section 16- 2 ... because it is a procedural application . So per your direction, we did move the whole historic designation process into Chapter 2 ... the procedural chapter. We reformatted to match other procedural processes of the UDC . We clarified the ambiguity and chose the term •·application" and we provided consistency with all other UOC procedural a ppli ca tions regarding who can initiate an application and that is consistent now with all others in 16-2 -3, so that an application is able to be submitted by the record property owner or someone designated by the property o wner ... s uch as a purchaser who has authority to do so. an agent of record of the owner or if the ordinance de sig nates a particular party as having that authority . No other substantive chanaes have been lllldc and thi, is just basically a clean up and an update per the previous code without substantive changes. Ma yor Garrett asked if there were any questions for Ms . Langon. Co uncil Member Barrentine said who are you referring to when you do the commission review , who i, the co mmi ion? Ms . Langon said the Planning and Zoning Commission . ounc1I Member Tomasso said if the propeny i owned by an insurance trusl. who would be determined to be the o -.. ner ? M . Lang n said the trust would generally have some officer or whoever would have 1h11 alllhority . meone -..·ould ha,e the authority. Mr . Tomasso wd th1 ordinance does not allow citiz.e111 of Eftalewood to part1c1patc in the des1gnauon as an 1nd1 vidual citizen. only the property o-? Ms . t...an,on said 1h11 is conect. nd , Mr Tomasso 1d . 1111ves no proiection to the City from outside/out or state 1nieresu that have no connection • ' • • - Englewood City Council June6,200S Pagc6 • • • 0 to the City? At that point, if an out of state corporation owned a property that was deemed historic by the citizens of the City, that property could not be preserved as historic property if the corporation determined they had other financial interests? Ms. Langon said that also is correct. Mayor Garrett asked if there were any additional questions for Ms . Langon. Council Member Woodward said under 16-2-20 (A) (2) it says "develop and maintain the appropriate environment for such building structures, etc." What exactly does develop and maintain mean? Ms . Langon said again this was original wording from the 1999 ordinance. I am not exactly sure of the intent of "develop and maintain the appropriate environment of such buildings ." It is probably just the general concept to preserve and protect the buildings. Mr. Woodward said okay, but I guess it still doesn't clarify that for me. He said under age criteria, (H) (I) (a) ... and this I understand is moved again from the current 1999 ordinance ... what is the importance of the 50 years? I mean I understand that for a building, but for something of historic significance, a happening or something like that, I don't understand why 50 years would be important. And just as an example and putting an example way out there ... the site of the 9/11 terrorist attack certainly, in my opinion, would have historic significance and I don't understand why we would wait 50 years to proclaim that . Ms. Langon said the 50 year mark was patterned after the National Register of historic places. They use a 50 year mark and I think probably when this was written in 1999, the idea was to preserve a building or a district and perhaps not farsighted enough to sec what might happen in historically significant areas maybe less than 50 years old. It is a number and certainly something that can be adjusted . Mr. Woodward said here is another example that I would throw out there . The site that we are currently on, when it was the Cinderella City site, Cinderella City being one of the first large shopping centers built in the country ... at one time I believe it was the largest. .. without having any type of thoughts to preservation or anything, I can certainly sec where this could be a historic site, a site where a plaque or whatever would say that this was the site of Cinderella City. now in its third generation ... from the City Park and then Cinderella City to City Center Englewood. So I guess the 50 years is what I have opinions about. Thank you. Mayor Garrett asked if there were any other questions for Ms. Langon. There were none. He said thank you very much . Don Roth, 2830 South Sherman, said I too have a problem with the 50 year issue . The whole ordinance really doesn't do anything, ultimately. It doesn't even, as far as I can see, give you the right to even put up a sign to designate your property as historic, but it seems, with the 50 year rule being a requirement, plus some of the others. it doesn 't make any sense. YeSlerday was history you know, as Council Member Woodward poinled out. I think if we keep the 50 year rule in, it should be demoted to being one of the criteria. This is what I had suggested once before ... that you have three other criteria ... now technically four ... and that if it meets two of those, it should be good . I don't think we need to be that stingy with it . Any application is probably going to have to survive two Public Hearings and two votes by two different bodies. so it seems like there would be plenty of room to weed out any unworthy candidates. Mayor Garrett thanked Mr . Roth. Diane Wray -Tomasso. 3058 South Cornell Circle. said I am here tonight to urge City Council to vote against these changes 10 the ordinance. We certainly don't have an ordinance of any meaning at this point in time. I think we can all agree on that . It is empty. It has no functionality in practical terms or in any kind of cultural terms or community terms. However. the one thing ii does have. that the proposed new ordinance doesn't, is some ambipity. And I think that the best thing we can do at thi s point. rather than ao in and voce in a new ordinance that is completely and totally uscles . that at least we can preserve an ordinance that has some ambiauity in terms of who can submit an apph ation. I think everyone knows that I am the individual that ubmittcd the application for the FiBt Federal, now Commercial Federal Bank . The umpuon that came out of that process i that no property owner would ever be m1crcs1cd in hearing a Pubhc Hcarina on their property. That i the umpuon that Council made when they made that rccommenda11on to taff 10 remove the abtlny of any citizen. who I not an owner of a Jiven property, to submit an application. I don 't think that that assumpuon should be made of all ownen. I think. for eumple, if I citizen or a group of pubh duzens came toaether and prcscmcd a local landmark application for the Colonial Bank. for c ample. or our nationally sa1ruficant Federal l',Jll Office, for e111mplc. or any number of ineeraaiq diltricu ... Ans and Craft 0, tricts. individual home that "''C m1aht discover tlvouah raearch over time . I don't ~ly -1 11uat1on "'here every 1nale property 011>ner "''Ollld run screamana 10 the bank like Commercial Fcd..ral did. I think there I n opportunity 1n our commuruty for someone hu Colorual Bank to uy .. .l want to hllCII IO wllal the ' • • Englewood City Council June6,2005 Page7 0 0 _, .... _ . ..,,-... __. ..... _...,_. community has to say. I am interested to sec that citizens of the community in which we arc a member have come forward and said, the building that we own is imponant to that community and we arc interested and anxious to have that Public Hearing so we can hear from the members of our community. The existing ordinance, though bankrupt on many levels, docs maintain that option by allowing both the property owner and the citizen to bring an application forward . Now it also continues to maintain that that property owner may refuse to have it postcd ... as Commercial Federal did ... which completely eliminated the possibility of designation, because the Public Hearing could not be held. But it also holds open the opportunity that a sensitive property owner, who cares about their place in this community, could participate in a public community process that includes a hearing and possible designation. So I would urge you to vote against ,his change in the ordinance, which my understanding would lead me to believe that this would allow the existing ordinance to stand as is, until such time in the future that wc make some progress as a City in better recognition of what historic properties mean to our future, to our children and to the community at large. Thank you . Mayor Garrett thanked Ms. Tomasso. Mayor Garrett said no one else has signed up to speak . Is there anyone else who would like to address this particular issue during this Public Hearing? There was no one. Council Member Wolosyn said before we close, I wonder if wc might enter this item from Alex Habenicht into the public record . Mayor Garrett said there is a letter wc received from Alex Habenicht opposing the proposed changes to the ordinance that we would like to enter into the Public Record . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 20, APPROVING AMENDMENTS TO THE ENGLEWOOD MUNICIPAL CODE HISTORIC DESIGNATION. Ayes: Council Members Barrentine, Moore. Bradshaw, Oarmt. Wolosyn. Woodward, Tomasso Nays: None Motion carried and the public hearing closed. 11 . Ordlaancft, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Kahm presented a recommendation from the Englewood Transportation Advisory Committee (ETAC) to adopt a bill for an ordinance increasing member terms for ET AC from two years to fo ur years and to increase officer terms from one year to two years. He said I am an ex-officio member of (ET AC) ... Englewood Transportation Advisory Committee. Council established that Committee in 2001 and this committee has actually become very effective in dealing with transportation issues in the community. And, I am kind of excited to be here this eveni ng because in January of this year the ET AC committee mcmben voted unanimously to pass motions to ask to have terms for members and for officers incrcased ... mcmbcrs from two years to four years and officers from one year to two years. They thought the longer terms would provide more COlllinuity for the projects that they arc working on and staff supports that ,cry much . So this cvcnina -arc askina for an ordinance that would increase those members terms and officers term limits. Mayor Garren asked if there were questions for Mr. Kahm . There were none . He thanked Mr . Kahm . Council Member Tomasso said this basically would allow the current board members to see projects throu&h the long term . s ux:c a lot of these projects take fairly long or they had up until Rick stepped in to fill the void there and sometimes now. they only take day . CO NCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITEM 11 (a) (I). COUNCIL BILL NO. ll. COU C IL BILL NO. 22. INTRODUCED BY COUNCIL MEMBER TOMASSO ' • • Englewood City Council June6,2005 Page8 A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 12 , SECTIONS 3 AND 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE TERM OF THE TRANSPORTATION ADVISORY COMMITTEE. Mayor Garrell asked if there was any discussion. There was none . Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (ii) Housing Finance Specialist Grimmett presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving Amendment No. 2 to the Intergovernmental Agreement for the HOME Investment Partnerships Program between Arapahoe County and the City of Englewood. She said that program funds specifically the housing rehab program. Amendment No. 2 is just going to increase the amoun! of dollars that we arc receiving from the original amount in the contract of $100,000.00, that was revised by Amendment No. I. to $150,000.00, now to be revised to a total of $300,000.00, thereby increasing the total number of homes that we will do under that agreement to a total of 25 . We have already completed 13, so this will just approve an additional 12 and we will have 18 months once we have received the funding to complete those projects. So that is really the only changes to the agreement. Everything else stays in place. The contract will be extended to accommodate the additional eighteen months, once the amendment has been approved. Mayor Garrett asked if there were any questions for Ms. Grimmett. Council Member Woodward said I have a question. I certainly support this. Under the Project Budget.. attached to Amendment Number Two, Column A here "the administrative expenses and the line item in Column B is $100,000.00 ... so we have $100.000.00 of administrative cost, as I understand this. and for the 25 rehabilitation loans totally $420,000.00. So as I understand it. it costs $100,000.00 to administer $420,000.00? Ms. Grimmett said what it is doing is identifying the staff costs that we have ... our complete salaries. benefits and everything that is involved with the entire program. So, primarily for the two staffpcrsons ... myself and the cOIISlrUCtion specialist and any internal support staff ... the secretaries, our Director, that type of thing, is all kind of estimated and lumped together to represent that. It is not intended to be an exact dollar amount. It is just representative of what, approximately it would cost. It is an annual budget. We do average about that amount, so it is roughly a good estimate for what th.: total administrative cost would be to operate the program. Mr. Woodward said okay, that clarifies it. I guess on the surface, for me, it seems that that seems to be a high administrative number. Ms. Grimmett said the administrative numbers are total for the entire housing rehab program. Mr. Woodward said okay. She said it is not specifically just for thi s $300,000.00 grant. The additional administrative costs also support the line of credit that we receive from Vectra Bank. It also is included in administering the Community Development block grant funds, plus any other funding that we might receive. So it is just representative of what it really costs administratively to roughly accomplish 25 projects. which is our annual avenge. But with that, realistically. we are pro bably producing close to a million dollars in rehab ... not just thi s $400,000.00. Council Member Bradshaw said so you can add those total s across the bottom. Ms. Grimmett said that is just representing what will be done with this particular project. Ms. Bradshaw said 10 per cent .. .l don't know who has administrative costs at 10 percent. And Ms. Grimmett said, what we are showing here is just part of the budget. .. representing that we are asking for the $30,000.00 in administrative funds that will be reimbursed to the City to s upport the total grant of $300,000.00. We will draw down the $30,000.00 and those monies will be returned to the General Fund. 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) (U) • COUNCIL BILL NO. 23. 0 N IL BfLL NO. 23. INTRODUCED BY COUNCIL MEMBER BRADSHAW ' .. • • Enpewood City Councll June6,200S Page9 rr-:1 ~~ A BILL FOR AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER TWO TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrell asked if there were any comments or discussion . There was none . Vote raults: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried . (b) Approval of Ordinances on Second Reading (i) Council Bill No. 14 approving amendments to the Englewood Municipal Code pertaining to Fences, Walls and Visual Barriers of the Unified Development Code was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I). COUNCIL BILL NO. 14. COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAYTER 6, SECTION 6, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO FENCES AND RETAINING WALLS. Mayor Garrell asked if there was any discussion . Mayor Garrett said my discussion has been consistent. I am opposed to having it required to be one fOOI back from the sidewalk . When I tour around the City. we have a lot of what I would call nonconfonnin1 properties and I am worried that all of a sudden we could have some additional expense if we made it at the one foot level, which is recommended by this particular ordinance. Council Member Bradshaw said that is on page 13 . It is (H) (2): Retainina Walla Adjacent IO Public Sidewalks: All retaining walls shall be located on the applicant's property, but no closer than one fOOI behind any public sidewalk . She said that is a maintenance headache . I jUSI wondered ... and I certainly am noc takina our City Attorney's spot.. .but some type of wording likc ... this may be waived by the Director of Public Works, with a si1n off by the property owner for damage caused by street and sidewalk repair or somedlin1 to that effect. Mr . Garrett said more hkc the casement agreements we have been executing. Ms . Bradshaw said right. IO I don't know what verbiqe we need there . but that is what would meet my needs. If the property owner is willin1 to say ... look if you have IO come in and fix my sidewalk and I put this wall up 10 the curb. I will assume any responsibility for damaae IO that. I think we have so few propertic that thi i going to affect that I would rather sec that . than a fOOI of weeds ... or what some people do is put nagstonc down, but that docsn 't help if they aren't pulling in a flaptonc wall . It is almost a takings. is what I a m seeing ... taking a foot of their property that they could use for somcthina else. Cit y Attorney Brotzman said are you looking at just the retaining wall at one fOOI or are you also lookina at fences at one foot ? Ms. Brad haw said both . Council Member Tomasso sai d the problem I sec is with the Holltwood curbs and you have a pickup truck with the big mirrors . parked next to the c urb . and a fence up 1gains1 that idcwalk. you've Sol a fOOI between the minor and fence to get down the Klcwalk . M . Bradihaw ..aid Hollywood curbl wen: never meaM for people IO walk on. I don't think . Mr . Tomasso sa id ye • but that i what you havc ... you have handicappod ramps leadina up IO that 1dewalk. someone with a scooter ao1na down the idcwalk on their SC004Cf. they can '1 set bet-the minor and the fence and you have created a bamer for the handicapped person. If you hawe a ltid rich• a bicycle on the 1dc11,alk . he has the me problem. ' • • Englewood City Coundl June6,2005 P•ge 10 0 (J. Council Member Wolosyn said can it be provided that the sidewalk meets ADA requirements, because aren't there ADA standards for sidewalk widths and things like that? Can't there be another proviso? Council Member Bradshaw said ,;o providing the sidewalk meets the ADA requirements? Ms. Wolosyn said that's right, it has to meet ADA requirements. Mayor Garrett said what I worry about is that we have a lot of properties thar arc right on the sidewalk line and these retaining walls or fences have been there for a long time. They could go at any time, as wc know, as they get older. So then all of a sudden we say you can't really replace ii anymore, you have to cul back all your property in order to make this one foot barrier. Council Member Tomasso said you arc going lo have 10 cut back the property anyway to meet the new standards of retaining walls with the drainage behind them, with the gravel behind them and the new slopes ... because they arc required lo have a slope lo them, they can't be really straight up and down anymore and you have to have the gravel placed behind them with the drainage and the water flowing through the wall. Mayor Garrett said that is another extra foot that you take 10 make that happen. Council Member Tomasso said so anytime you replace one you have a big headache anyway if you've got to meet the new Code on this. Mayor Garrett said I would move 10 support Bev's amendment on sort of what I call the "owner bcwarc" ... ifthey would choose to do that that they understand the consequences of that action. MAYOR GARRETT MOVED, AND IT WAS SECONDED, TO AMEND CB 1, BY ADDING AN OWNER WAIVER FOR F-(c) (') AND H-(2). Council Member Bradshaw asked City Attorney Brotzman if he had the words for lhia. Mr. Brotzman said what you arc looking for is an owner waiver for F-(c) (4) and H-(2). Ms. Bradshaw said that is ript. Council Member Wolosyn said arc there legal standards for the width of sidewalks? Mr. Brotzman said wc have varying sidewalks 1hroupou1 the City. But. Ms. Wolosyn said, L'ierc arcn't any Federal ADA requirements? Mr. Brotzman said except those arc as they come in and as wc worlt on the sidewalks. The problem is wc have a Jot of old sidewalks that won't have to meet those requircmcnu for quite some time. Ms. Wolosyn said isn't that the same with retaining walls? Mayor Garrell said, as you replace one lilllc section of a sidewalk, you aren't goina 10 change the entire sidewalk through that entire line. You arc probably going to put it back pretty much the way it was. You will, then. have one piece of sidewalk in the middle of the block that is wider than everything else. I don't think wc arc doing that. Ms. Bradshaw said that i a bigger hazard . (Someone stated we arc not doing that.] Mr. Garrett said our sidewalks arc what they arc. I don '11hing 1hcy arc going to change a whole lot . Mayor Garrell said we have an amendment on the table and just so that everyone knows it, if we pass this amendment. thi s again becomes first reading for this panicular ordinance. Mayor Garrell asl.:cd if there was any further di~ussion on the amendment. There was none . Vote results: Ayes : Nays : Mmion carried . Council Members Barrentine, Moore. Bradshaw. Garrett. Wolosyn. Woodward. Tomasso None Council Member Bradshaw said I have IIIIOlhcr thing . She said aaain we arc talkina about lea than 16 feet ... and Tnc1a maybe you an help u out on th1 one. So 1f they arc rcplacina pickets and polU lea than 16 feet. dley don't need a permit. Wh did the)' decide on 16 feet '! M . Langon said 16 feet was based on the linear Jenl1h oflwo fence scc11ons. 1n1."C they icncrally come in 8 foot secuons. M . Bradshaw said okay. Ms . Lanaon said you could t • • Eqlewood City CouncU Jwie6,2005 Page 11 easily buy an 8 foot section at a Home Depot or such place. Ms. Bradshaw said so it could be 24 feet? I just wondered if anybody had an issue with the 16 feet. Some of our lots arc 37 feet wide. Council Member Wolosyn said I remember in the minutes ... during this particular discussion in PlaMing and Zoning ... and everyone wasn't in full agreement and the first thing on the table wu 8. Am I ript? And then somebody suggested 16. Ms. Bradshaw said arc we talking about the frontage, right BCTOSS the front with this or any fence? Ms. Langon said any portion of the fence. Ms. Bradshaw said I would rather see something such as ... if you arc replacing more than 50% of an established fence. Council Member Tomasso said well this allows you to do 8 feet one weekend and 8 feet the next weekend and 8 feet the next weekend. Mr. Woodward said it allows you to do 16 feet one week. Mr . Tomuso said it says less than 16. so you can do 15 feet ... one 8 foot section each weekend. Council Member Bradshaw said I don't know what Council feels, but I think we can over regulate. Council Member Wolosyn said so you think a percentage would work? Mr . Bradshaw said I'm thinking if they arc doing more than half. Council Member Woodward said that would be a lot of fence if the whole backyard was enclosed. Mr. Tomasso said this allows you to replace a small section, if you have a windslonn or a trcc takes out a small section, without having to get a permit for the entire fence. But. if the whole fence goes, you can only do an 8 foot section at a time, without getting a permit every weekend. You know, one section a weekend until you arc done. That's the loophole of it. Council Member Bradshaw said it was a thought. One of my neipbon wu quationina me about lhia. Mr. Woodward said you know, I agree with you Bev, I would like to see more than 16 feel. I don't quile know what dial number is ... 50% seems like an awfully large number to me, but havin1j111t very rec:endy, within the lua two days. replaced fence posts .. .I would be more in favor of three section5 or four would even be befler. Ms. Bradshaw said well I just looked at what was taken out and it was very ambipous ... if it says sublaanlial allention or expansion ... and we arc going from replacement of all, for a complex repair. And why wun't that aood? It is jllll a question, she said. because that is pretty specific. Mayor Garrett said I think they were just going to assure measuremelll SWldard. bee-dial is easy . Ms. Bradshaw said I know that is easy. but I am also thinking that putting in a fence is very expelllive and to add a permit fee oa top of that .. .if it is just a replacement. Mr. Woodward said especially if you arc jllll replacina poeas. Ms. Bradshaw said do you have to have 16 feet of posts? Mr . Woodward said it says such as rcplacemetll of individual pickets. posts or less than 16 feet of fencing material. Mr. Garren said you don't need a permit to replace polU. Mr . Woodward said okay. Mr. Garrett said it says when you don't need a permit and that is if you arc doing posts, you do n't need a permit . Mr. Woodward said okay. I'm sorry. I misread that then. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RESTORE THE ORIGINAL LANGUAGE TO 16-6-6 (B) (2) (b) AND ELIMINATE THE NEW LANGUAGE. Mayor Garren asked if there was any discussion. Council Member Moore said I would like clarification on what was there before. I WIIII IO make sure I'm readin1 1h1s right . Even if you did replace an 8 foot section of fence wouldn't you then be subject IO die rcview. llllder number 2 . Ms . Bradshaw said ye the review but IIOI. oh I see ... but this says a permit and IIOllina sile plan review. She said see this adds the term. permit, the new wordin& and the other was jllll a site review. Council Member Moore said do we agree 1ha1 even if you did 8 feet under the old wordin1 you would be subject IO at least the review. Mr. T omasso said ye • you would have to have the review if you replace 4 feet. M&. Bradshaw said right. so that is the relief. If they do less than 16 feet. then that i the relief ... that they don'1 med to have a zoning site plan review. My concern is tha1 we asking them to set a permit and 11,e wanl people IO kNp up dieir propeny. We want them 10 improve their fences and maintain them. It almost sounds like a penally IO -when we talk about a permit. - ' • • • F.oalewood City Coundl June6,2005 Pap 12 Mayor Garrett said the trouble I have is anything you do requires awning site plan review and that to me gets too burdensome for a small section of fence, to go back IO the old language. or ii could be interpreted that way. Ms. Bradshaw said then could we strike "a permit and" ... just say "wning and site plan review is not required for simple repairs" andjusl get rid of"permil''. Mr. Garrett said so you don't want a permit for any fence? Ms . Bradshaw said no. Ms. Wolosyn said then what about enforcing the fence materials. Ms. Bradshaw said I don't know, it just seems punitive. Council Member Tomasso said it is the same thing as a building permit. You get a building permit to build a fence, so you build a fence in an appropriate manner ... your footings are deep enough to hold a post up in a wind&tonn of 60 or 70 miles an hour. so that they don't fall and hit somebody. so it is the same thing as getting a building permit or pouring a concrete slab, at that point. if you are going to build a whole new fence, replace the entire fence. This section~ is giving you relief if you have one rotted post and you are replacing one post, you don't have to get a permit to do the whole job. If you have a couple of sections that are rotted or falling out or one major stringer board that is gone. you can replace that. Ms. Bradshaw said on page 2. (2) (b) ... "permit and" wu added to that Ms. Wolosyn said you know the one practical truth about this is that you can do 16 feet and then 16 feet ... or IS. IS.999 . Mr. Moore said an alternative that maybe works for me is keeping the wording, but changing the 16 to 2S so that it clearly hu three panels in there. That gives m a little more latitude. I think the permit hu some value in that if someone is going to invest a substantial amount in the renovation. at least this ensures that they don't wute their money. I know the review might do it, but the idea of the permit actually may help raise awareness and if they are redoing their whole yud, you want to malce sure that they are not doing something that they shouldn't. Mr. Tomasso said and also if somebody is putting up a 10 or 12 fooc fence and then finding out they have to cut off the top 4 or S feet of it. taking it back down to meet the zoning standards and also requires you to file the plan if you are doing the comer cuts. If you have a comer lot. doing the alley, you have to have that corner site plan so somebody coming out of the alley will see other cars. If you don't file for the site plan, if you don't have to go in and get the zoning approval, you could get away with putting a square corner on there. Ms. Bradshaw said your honor. I call the question. Mayor Garrell said on the table is an amendment which would restore the original language under B and eliminate or IIOI use the new language thal is underscored. Ayes: Cowicil Members Ban-crmne. Bradshaw N~ys : Council Members Moore. Ganett, Wolosyn, Woodward, Tomasso Motion defeated. COUNCIi -MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CHANGE 16+6 (8) (2) (b) "OR LESS THAN SIXTUIII FEET' TO "OR LESS THAN TWENT)' ·flYE FEET." Mayor Garrell Iced 1f there was any discussion. Council Member Bradshaw said this rnalces mott sense. Vownwlls: MOllOn amcd. Ayes: Na . Council Members Barrentine, Moore, Bradshaw. Woodwud Council Members Ganett. Wolosyn. Tomauo ~a or Garr II Sllld we no go IO our on anal llllltlOft -.tuch I IO appove 11 (b) (1). wt.cit as COUIICil BiU No. 14. uh,,. amendmeMs one dcal111g -..,th the wa.ver ud the other deal1111 wadi c ........ die 16 ID 2j feet. t ... .. ,, • • En&Jewood City CouncU June6,2005 Page 13 Vote raults on motion to approve Coundl BW No. 14 u amended. Motion carried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays : None (ii) Council Bill No. IS granting a utility casement to Public Service Company of Colorado for installation of new overhead high voltage power lines at 2900 South Platte River Drive was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (il) • ORDINANCE NO. 19, SERIES OF 2005. ORD!NANCE NO. 19, SERIES OF 200S (COUNCIL BILL NO. IS, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE GRANTING A UTil..ITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO (dba Xcel Energy) FOR INSTALLATION OF POWER LINES AT 2900 SOUTH PLA TIE RIVER DRIVE (Littleton/Englewood WIISICwater Treatment Plant). 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) Council Bill No . 18 approving the License Agrccmcnt and Temporary Construction Easement with Qwest Corporation for installation of PVC conduit for a fiber optic line for internet servic:c was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (W) • ORDINANCE NO. 20, SERIES OF 2005. ORDINANCE NO . 20, SERIES OF 200S (COUNCIL BILI. NO . 18, INTRODUCED BY COUNCIL MEMBER BRADSHAW ) 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 was any discussion . There was none . Vote results: Morion carried. Ayes : Council Members Barrentine. Moore. Bradshaw. o.rett, Wolosyn, Woodward, Tomasso Nays : None (c) Resol ut ions and Motions (i) Director Fonda presented a m:ommcndation from the Littletoll/Enalewood WU1Cwuer Treatment Plant (UE WWTP) Supervisory Committcc to approve. by motion. a oontnct to ccanct a --. red and roadway improvements al the (LIE WWTP) Biosolids Farm . The Conuninee ~ •Wlldiat llie contract 10 the loww respon ivc bidder. Technok>&y Conslructors, in the IIIIIOUIII of$4Sl-'73.00. He said we arc recommending th, project . In the past we have been able 10 Slorc the tohds on sile tcmponnly duri .. incie... t . .. .. • • Eqlewood City Coundl Juoe6,2005 Page 14 (J. weather. This is a project that we have had on the drawing board for II long time, but with the construction of the new facility we will not have adequate space to store on site a.nd so in preparation for the winter we would like to get these roadway improvements made. When there is foul weather we simply can't get there. It is a very heavy clay soil. And also building the storage pad takes the storage out of the City of Englewood and therefore would climinalc any potential for odors. Mayor GIJTCtl asked if there were any questions for Mr. Fonda. Council Member Woodward said this is a paved road and a storage pad? How long is this road? Mr. Fonda said it is 1600 feet. Mr. Woodward said it comes off Highway 36 then and it just goes to this storage facility? Why do we need to have that paved? I mean as opposed to a gravel road. We are the only ones utilizing it. Is that cort'e(;t7 Mr. Fonda said the paved road goes to the storage pad and the gravel road, I believe, goes to the maintenance barn, but the trucks arc extremely heavy and so I am not sure that the gravel would be adequate. Mr. Woodward said okay so that is why you are askirig for paving, because of the traffic that would be on it. I see . Mr. Fonda said these are 18 wheelers. Mayor Garrett asked if there were any other questions for Mr . Fonda. There wae ..-. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDFJ>, TO APPROVE 11 (c) (I). A CONTRACT TO CONSTRUCT A STORAGE PAD AND ROADWAY IMPROVEMENTS AT 11D: (lJE WWTP) BIOSOLIDS FARM. THE COMMl1TEE RECOMMENDS A WARDING TIIE CONTRACT TO THE LOWEST RESPONSIVE BIDDER, TECHNOLOGY CONSTRUCl'ORS, IN 11D: AMOUNT OF $451,573.00. Mayor Garrett asked if there was any discussion. There wu ..-. Vote nsulls: Ayes: Council Members Barrentine. Moore. Bradshaw. Ganelt. Wolosyn. Woodward. Tomasso Nays: None Motion curled. (a) Mayor's Choice Mayor Garrett did not have any matters 10 bring before Council. (b) Council Members' Choice (i) Council Member Barrentine: 1. She said I had an opportunity a1 the bike drawing 10 auend the opmina of Pirates Cove. There were a lot of people there . My son had a grea1 time. We stayed for awhile and just enjoyed thal a peat deal . 2 . She said I wani 10 remind everybody about the GolfToumamcnt on the 13•. We have approllilllllely 60 paid for potS for 1hi tournamelll already. h would have laken 144. We are a !in.le disappoinled. bul it is cenainly belier pamc 1patio n than they expected. Golf tournaments are down a little. However. we have really had an ou1pourin1 of ponsorslup and support for thi in jUSI the short period of time thal we did it. I am very proud of that commillee and our ommurut . It should be fun on the t 3•. (n) ouncil Member Moore said Council Member Bradshaw and Mayof Olma. I would like 10 thank you for )OW' cd1tor1al in the paper . I think ii will help clarify~ ordinance and also claify the procas 1h11 aoes ml creating n ordinance. I jusc wanted IO thank you for your effons on that. ' .. .. • • En&lewood City Couadl June6,2005 Page 15 (iii) Council Member Tomasso said the Old Town Merchants Association is moving forward with their Cruising Englewood Car Show and it is going along well . They arc talking among themselves and talking wi1h some other people about selling up a special !axing district for themselves so that they would, in the future , be able to have an organization that could lead this, as opposed to being individuals putting it together. He said it would be a property taxing district that they would set up and would work like North Cherry Creek . Ms . Bradshaw said so it wouldn 't be a Business improvement District? Mr. Tomasso said no, it wouldn't be a Business Improvement District. It would be a taxing district and it would have officers. So they arc investigating that at this point. The car show has expanded and added to growth for this community already. It is going along well . (iv) Council Member Woodward: 1. He said on Saturday KEB will be having another Good Neighbor Days ... handing out the Waste Management coupons. That will be down here from 10:30 until 12 :30 at the City Center. 2. He said I just wanted to mention that l will be participating in the Golf Tournament next Monday . I do believe in the mission and the scholarship prol!f&III for the youths . So I just wanted to say that I will be a participant. (v) Council Member Wolosyn : I . She said on Saturday I came down and handed out Good Neighbor certificates. I think I bad 10 or 11 people come out in the pouring rain to get them and thank us . They do it every year and they think it is a great program. If anybody doesn't know , it is $20.00off of existing fees to get rid of old stuff and refuse around your house. 2. She said the other thing I have is that Jackie just showed III a logo and it looks as if Englewood's logo was actually inrorporated into Positively Englewood's. When we gave permission to uac the logo I lhoupt it was to denote that Englewood was a partner in something and then it would be used much the same way we always sec that logo used in partnerships. I didn't think it would be incorporated iNo a logo and I hope it isn't, because I think that really isn 't what our ordinance or our policy aovcming the logo allows. You know we don't do that. The logo represents the City and I was told, in no uncertain terms early on, that it should not be incorponled iMO other logos. I just wanted lo e1.prc55 that. 13 . City M ...... '1 Report City Manager Scars did not have any maners lo bring before Council. 14 . City Attorney's Report Ci1 y Anornc y Brotz man did not ha ve any mailers 10 bring before Council . ••••• Mayor Garren sai d Cou nc il would adjourn and mo ve inlo an Executive Session regarding union negotiations that were nol disc ussed earlier. t • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 6, 2005 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. f/: jc!r-- 2. Invocation. ~f;J/,t_ 3. Pledge of Allegiance . ~/1-J!Urr 4. Roll Call. tltJ '7 ~ 5. Consideration of Minutes of Previous Session. ~'7,,-(). Minutes from the Regular City Council meeting of May 16, 2005.~ 6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Members of Englewood's Firefighter Combat Challenge Team will be present to address City Council regarding the upcoming Firefighter Combat Challenge. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. 8 . 9 . Offi}?--0 Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussioo.1 ,1., LYJC/'ni-,1 _ a . !JA,(y t..-2.:!r1!i:. <r ;:T,f(!Q£ /:1),r)HJJs -,-,,-•• -..y ..:MS l£II)/(),/) ~ /tllt.l!Jl,l,NIA/r- 0Jmmunications, Proclamations, and Appointments. .A? Consent Agenda Items. Ci · . /)/J ,/ J;, J~nr-7111,fi·1V J "/rh:w)AfM ~ ~A /'f1:~~ /~/f-// ;_~ ~ 6rV.~nc~n Firsffe"adin;--·· -. / i. Council Bill No. 25 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance a..:cepting a Victim Assistance Law Enforcement (VALE) Grant for 2006 in the amount of $15,000. STAFF SOURCE: Chris Olson, Director of Safety Services. Please note: If you have a disability and need auxiliary aids or services, please nolify the City of Englewood (303-762-2 407) at least 48 hours in advance of when services are needed. Thank you. ,_ t ... ,• • • -· • Englewood City Council Agenda June 6 , 2005 Page 2 b . C. 10. c . ii. Council Bill No. 21 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for ' an ordinance adding u Acupuncturists Licensed with the State of Colorado# as an additional exemption from the licensing requirements for massage therapists . STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Approrrdinances on Second Reading . Resolutions and Motions. i. Recommendation from the Englewood Library Carpet Committee to approve, by !!!Qligo..a contract to purchase and installation of tile type carpet to replace existing carpet that is worn and torn . Staff recommends awarding the contract to the lowest responsive bidder, Resource Colorado, Inc., in the amount of $121 ,826 .32 . STAFF SOURCE: Rick Kahm, Director of Public Worb, and Hank Long, Director of Library. Public Hearing to gather public input on Council Bill No. 20, ~~~ ;~e_nd~ fl.I the Englewood Muni?alJ..i~~oric Designationk1'f" ~ ~ . DIA-Alf: °mMltflO f¥>/ '1-t) ~.IIMJrkllr dJ.t,fl.l (~,f.~1 11 . Ordinances, Resolutions and Motions. :J a. Approval of Ordinances on First Reading. i. ii. Council Bill No. 22 -Recommendation from the Englewood Transportation Advisory Committee (ETAC) to adopt a bill for an ordinance increasing member te,ms for ETAC from two years to four years and lo increase officer terms from one year to ~? ye_ars. STAFF SOURCE: Rick Kahm, Director of Public Worb, ex officio.~ Council Bill No. 23 -Recommendation from the Community Development Department to aoopt a bill for an ordinance approving Amendment No. 2 to the Intergovernmen tal Agreement for the HOME Investment Partnerships Program between Arapahoe County and the City of Englewood. STAFF SOURCE: Jilnet Grimmett, Housing Finance SpecialisL ~li,w-- Please note: If you have a disability and need auxiliary aids or services, pleue notify the Oty of Englewood (303-762 -2407) at least 48 hours in advance of when services are needed . Thank ' • • Englewood City Council Agend WOI.OSYN MOVED TO APPROVE COUNCIL BILL 1,. APP'O 7-0 GARRETT MOVED TO AMEND CB 14 BY ADDING AN OWNER WAIVER FOR F·(C) (') ANO H·(2). DEFEATED 2-5 BRADSHAW MOVED TO RESTORE THE ORIGINAL LANGUAGE TO 16-6<i (B) (2) (b) ANO ELIMINATE THE NEW LANGUAGE June 6, 2005 Page 3 ,!AYES: BARRENTNE . IIRAOSHAW] • APP'O ,e.3 MOORE MOVED TO CHANGE 1~ (8) (2) (b) "or less than --leer to "0< lea than l!!lll!tl!i! leel '{NAYS : GARRm, WOLOSYN , TOMASSO) APP'07-0 MOTIONTOAPPAOVECOUNCILBILL 14ASAMENOEO. f Ordinances on Second Reading. Council Bill No. 14 approving amendments to the Englewood Municipal Code pertaining to Fences, Walls and Visual Barriers of the Unified Development Code. (J)rJ/i:-/ ii. 411"1-o Council Bill No. 1 S granting a utility easement to Public Service Company of Colorado for installation of new overhead high voltage power lines at 2900 South Platte River Drive. ~ iii. Council Bill No. 18 approving the License Agreement and Temporary Construction If) l IL. '7 ii Easement with Qwest Corporation for installation of PVC conduit for a fiber optic f/' P-~t/ ?-t)ne for internet service. {1l"'4,,,"C--~ ~ Resolutions and Motions. i. ~'1-0 Recommendation from the Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee to approve, by • otion, a contract to construct a storage pad and roadway improvements at tne (QE WWTP) Biosolids Farm. The Committee recommends awarding the contract to the lowest responsive bidder, Technology Constructors, in the amount of $451,573. STAFF SOURCE: Stewart H. Fonda, Director of Utiliti~ 12. General Discussion: a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15 . Adjournment. ~:t:/< ~ The following minutes were transmitted to City Council between May 13 and June 2, 2005 : • Alliance for Commerce in Englewood meeting of April 14, 2005. • Board of Adjustment and Appeals meeting of April 13, 2005. • Liq uor Licensi ng Authority Telephone Polls of April 20 and May 4, 2005. • Non-Emergency Pension Board meeting of February 9, 2005. • Parks and Recreation Commission meeting of April 14, 2005. Please no te : If you have a disability and need auxilwy aids Of' services, please notify the City of Englewood (3 03 -7 62 -2 407) at least 48 hours in advance of when services are needed 1lwlk t • • Englewood City Council Agenda Jun e 6, 2005 Page 4 • Public Library meeting of April 12, 2005. • Transportation Advisory Committee meeting of April 14, 2005. • Urban Renewal Authority meeting of January 12, 2005. Please note : If you have a disabiliry and need auxil~ry aids or services, please notify the City of Englewood (303-762-2407) al leasl 48 hours in .Klvance of when services ve needed. Thank : • • C 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 16, 200S D D 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 . Pkdce of Allepance 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 Scars City Attorney Brotzman Assistant City Manager Aahcrty City Clerk Ellis Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Senior Planner Langon, Community Development Senior Planner Graham, Community Development Director Fonda, Utilities Director Long, Library Fire Battalion Chief Fox, Safety Services Police Lieutenant Sanchez, Safety Services 5. Consideration of Minutes of Previous Semon (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 were any corrections . There were none . Vote results: Ayes : Nays: Moti on earned. 6 . Council Members Barrentine, Moore. Bradshaw. Garrett, Wolosyn, Woodward, Tomasso None ' .. .. • • C C .... Englewood City Council May 16,2005 Page2 (a) Representatives 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 conviction of an animal abuser . Mary Warren said I'm the Director of the Colorado Humane Society. This isan evening to say thank you . You two are 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 nexL You are awesome . We appreciate you . We know bow 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 very , very much . There was applause. Ms . Warren said we are 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 . Sears, Mr . Flaherty, Chief Olson ... the people that you put in place are warm and friendly and professional and 1 am very, very proud to be part of this City and what this City Slallds 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 lhat ... we always say .. .is the shelter that smells worse on the outside than the inside, based on where we are ... but 900 times people have come in and been part of who we are . It is an amazing part of the community. Our volunteers are tremendously supportive. They love being part of who we are . Thank you for allowing us to share being a part of you. We appreciate you . Mayor Garrett said thank you ... congratulations. There was applause . There were no unscheduled visitors . 8 . Cowakatiom, Proda--«!ees ud Ap,ppol_.•-•11 There were no communications. proclamations or appointments . 9 . c-aA.-. (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11.) (b) Approval of Ordinances on Second Reading There were no additional items subm itted for ,approval on second reading . (See Agenda Item 11.) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (1), (U) ud (Ill) (c) Rc so luuons and Mouons (i) The purchase of licensing and hosting services for Dal8laam 7i in lhe UDOUDI of $63.415.00. (i ,) The pur hasc of one. new Sanitary Sewer Ausher Truck from Wlltaama EqlllplllCIII. in the amo unt of SI 15.875 .00. (iu) The appronl of Jul 23. 2(X)S as a IC)'Wlde public adewallr. e- Vote ffSlllts: ye . ' • • C ( Englewood City Council May 16,2005 Page3 Nays: Mo ti o n carried. 10 . Public Hearing Items Woodward, Tomasso None ·• • • (a) Mayor Garrett said thi s is a Public Hearing to gather public input on Council Bill No. 14, appro ving 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: FENCES, WALLS AND VISUAL BARRIERS OF THE ENGLEWOOD MUNICIPAL CODE. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motio n carried and the public hearing opened. Senior Planner Langon, duly sworn, said for your consideration this evening is Council Bill No. 14, amendments to the Unified Development Code pertaining to Section 16-6-6: Fences, Walls and Visual Barriers. I have already s ubmitted to the City Clerk notice of the Public Hearing that appeared in the Englewood Herald on May 6 , 2005. You ha ve already reviewed thi s at the Council Study Sessions in March and first reading was on May 2•, the fencing regulations are pan of the reformatting in Phase 2 of the Unified Development Code. The Planning and Zoning Commissio n reviewed these amendment changes and updates to the Code at multiple Study Sessions over the past year. The Commission focused on clarifying and simplifying the existing regulations as part of the Phase 2 UOC project. The proposed amendments provide some conformity and consistency in language so that like sections are stated the same way and arc in a similar format as in o ther portions of the Code. We have clarified and s implified some language. We have separated out retaining walls and fences so that they arc two separate sections now ... basically just simplified the ordinance. At Council's pleasure 1 can go through each item or if you have questio ns. I would be happy to address them. Mayor Garrett as ked if there were questions for Ms. Langon. ' Co uncil Member Tomasso said on item C it says "maintenance: all fences and retaining walls should be kept in a sta te o f good repa ir." He said how will that be ascertained? Ms. Langon said that will be Code Enforcements job ... so if it is falling d o wn. there are broken boards or the chain link that isn't connected ... it is kind ofon a case by case basis. It wa s diffic uh to write something in there that would address everything. Mr . Tomasso said I just wondered how the state of "good repair" w o uld be d etermined ... what standards would be used ? He s aid I was j ust curious. Council Member Woodward said on Page 12. number 1 "the separation bet ween post pillars shall be a mi nimum of 5 feet... At a corner where there ha ppens lo be a post 5 fee t fro m the lo ng group o f posts and then yo u hit the corner at 2 feet , that 1s still okay. correct? Ms. Langon said I think we have to look at s ituations li ke that. If it. sttuct urally. i not going to be a sound fence, I th ink we can look at those things, but typical ly the idea was to keep the posts separated so that suddenl y yo u don't ha ve a mass of posts, because pillars or posts can be taller than the fence . And , if people were staning to bring th ose toget her, height would stan to creep . Mr . W oodward said okay. He said tht only other q uestion I have, a nd I brought it up in St udy Session. was where we keep referring to the replacement of more than 16 feet of exi ting fence. I guess I want your assurance that 16 feet, is c learl y 16 lincar feet and doesn't get confused with 16 square fee t or something like that. Ms . Langon said ii would be li near feet. bccalllC everything 1s measured on a hnear basis. We could cen a mly insert that word . I auess it would be up to Mr. Brotzman whether that would be enough to take it for ward ... rcpubhsh or just to inc lude that one word . Mr . Woodward sul if you feel 1hat everybody feels clearly that it is linear feet ... maybe I am just be ing real anal about 11. bcca111C whe n I see feet. I usually thing square feet because of the type of work I've done. Ms. Langon said I dunk in relalioci to a fcnce. because you arc doing a measurcme n1 of length, I'm comfortable wi th 11 . Mr. Woodward said okay. ' ... • • Englewood City Council May 16, 2005 Page4 ·• • 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 propeny, but no closer than I foot behind any public sidewalk." There are cenain 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 arc going to have to duck under the mirror or something like that. Did the Planning & 1.oning 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 a.,ca ... and Mayor Garren 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 arc 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 I foot that is not 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 funher ... 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 to 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 Garren· 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 lhree feet? Ms. Langon said three feet if it is a solid fence and four foot if it is an open fence. Mayor Garrett said what 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 Garren said we have some properties ... and I'm thinking as you go up Hampden on the nonh s ide ... those retaining walls are right next to the sidewalk and hold back a lot of din. So what happens to all these propenies, that are non-conforming, that arc all through the community? Ms. Langon said I'm sorry I didn't hear the beginning of what you said . Mayor Garren said most people have their edging, if you will, right at the si dewalk . So they are just non -conforming. Ms. Langon said we will not be going 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 fony 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, you would have to move that 20 feet back ... when your other 20 feet is still conforming . Council Member 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 Bradshaw said I think it was when Doug and I were first on Council. a lady came to have a wall pul in on O~ford . She asked for a Council variance o n that . And the reason was the shape of her property. There was no way thal he could lea.r,e that foot, because there was so much din that they would have to remove or they had already stancd the fence , or ... do yo u remember what that was about? Ms. Lanaon said I believe that they had already installed it. Ms. Bradshaw said oh they had already instal led it and wanled an encroachment apeement. C an people still do that? M . Langon said about two years ago Council changed it ... this is actually within the Public W orks title ... to allow the Director of Pubhc Works to address those types of encroachments. I dunk II was o nl y encroachments that had to do ,.,th tructures. that came to Council . Minor ones like thas would be II lhe d1 re1i o n of the Publi Worls Direc1or M . Bradshaw said so we panied that to that property. Goina beck to Doug · e ample .. .if 20 feet of that needs to be repalfcd then the have to set 11 back a foot? M . Lanp salCI that ' · .. .. • • ) ( ~ ( Englewood City Council May 16, 2005 Page5 ... • would be the technical way of reading the ordinance, correct. Ms. Bradshaw said how could we 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 wail" and again that was so that in those situations where the wail was adjacent to the sidewalk we would have that opportunity to get them moved back, so !hat if the sidewalk needed to be repaired or replaced, in any way, then Public Works would have that room to work rather lhan working directly at the wall. Mayor Garrett asked if there were any other questions for Ms. Langon. Council Member Bradshaw said I would like to offer some kind of amendment. Mr. Garrett said we are in the Public Hearing now. I think we will probably do that on second reading. Mayor Garrell asked if there were any other questions for Ms. Langon. There were none . Mayor Garrell said no was has signed up to address us on this issue. This is the Public Hearing on fence and walls. ls there anyone here who would like to speak on this panicular issue tonight? No one came forward. COUNCIL MEMBER BRADSHA w MOVm, AND IT WAS SECONDm, TO CLOSE THE PUBLIC HEARING TO CONSIDER TFSl'IMONY ON COUNCIL BILL NO. 14, APPROVING AMENDMENTS PERTAINING TO 1~: FENC~ 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. I I. Ordinances, Resolution and Motion& (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presented a recommendation from the Community Development Depanment to adopt a bill for an ordinance approving the propo&cd "'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 gather input on this issue. She said. as you recall, the Unified Development Code was adopted in February of 2004 and it was the first major rewrite of the zoning and subdivision regulations in almost 20 years. The Unified Development Code Project reformatted. reorganized and updated the Code and it also es1ablishcd some new regulations for the City. II was anticipated. due to the volume of material, 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 arc nineteen sections. The majonty of them have to do with concctions of omissions. minor clarifications and consistency issues with the rest of the title. There are three areas of new material and they include: internet sales that was not previously listed in the Code; permitted projections into setbacks ... those arc long standing City policies that we have codified and then a new section ... lapsing of approval. that sets a 180 day time frame for termination of postponed cases. That WIS to prevent. basically, stale cases or title cloud on properties. If you have questions I would be happy to address those . Otherwise. we request that a Public Hearing be set for June 6*. Mayor Garren asked if there were any questions . Council Member Tomasso said does item 16-2 -20-Historic Designation do anything IO procect the buildina? Ms . Langon said no. per Council's direction the H1stor1c Designation chanaes had to do •ith the ambiguity of the ICrfflS nomination and apphcauon and we have addressed that by making it COIISIStcnt with all other development apphcauons within the Cuy. And then. the major chanae 15 1110V1n& it from Chapter 6. •iuch is a Stfflllarcb cbaptcr m the Procc chapter. .. Chapter 2 . So that i why one section I beina repealed and 11 is being reenacted under Chapter 2 . Mr. Toma said bur it offm no protecoon whatsoever for historic SlnlCl\lrCS? Ms. Lanp said dial is correct . Mr. To mas 1d does it do anything other than make statements? Ms. LaJll(lll said II does allow IIOllleOIIC who would want to have 1he1r properly desagnarcd IS such. that opportwuty. If they did lbal.. their benefit would be tax rcd11 advantage from cuher Statc or Fcdcra1 agcnc1c . Mr. Tomuso said bul It offers no pro1eCU011 to the ' • • Englewood City Council May 16,2005 Page6 . ,. ·• • • 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 does 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 does 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 soll)e discussion, Mayor Garrett said if we pull it from the item we 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 are doing. Ms. Bradshaw said I think we need to. Mayor Garrett asked if there were any other questions for Ms. Langon . Council Member Bradshaw said on 16-2-1...UDC. page 9 ... undcr Board of Adjustment and Appcals ... when 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 10 the Building Code. Perhaps they were wanting to add a basement to an apartment and the ceiling height was less than the requirement in the Code. And so they were going to go for an appeal for !hat. Ms. Bradshaw said okay. So it goes to the Board of Adjustment and Appeals, they still have their criteria. Ms . Langon said an appeal is diffcmtt than a variance. Ms . Bradshaw said okay. Ms . Langon said an appeal is to the decision of the Chief Building Official . to either grant or not grant. Ms . Bradshaw said so then if the building permit was denied and the Board said issue it , then the Chief Building Inspector has to issue the permit? Ms. Langon said that would be correct. Ms. Bradshaw said okay. What is the time line on lbat? If somebody had their building permit turned down. how long does it take it to go through the process ... is it 60 days. 90 days? Ms. Langon said probably 30 to 60 days for an appeal. City Attorney Brou.man said it is usually set for the very next meeting. Ms. Bradshaw said after it was denied? Mr. Brotzman said correct. Ms. Bradshaw said then the appeal beyond lhat...if the Board of Adjustment and Appeals says no. Ms. Langon said then it would go to District Court. Mayor Garrett asked if there were any other questions for Ms. Langon. Counc il Member Woodward said I ha ve a question . On page 9, item d , which has been deleted, regarding the new front porch. My question is why are we deleting that? Ms. Langon said because of the changes in the projections. it was redundant. Mr . Woodward said okay . Ms. Bradshaw said it doesn't mean that we are discouraging front porc hes . Ms. Langon said no . we allowed it within t~ projections . So, to relieve any confusion it was easier to take it out. Counci l Me mber Bradsha w said on page 15 where it is talking about yard standards for development of ma nufac tured ho me parks. ~here wou ld those be located in our City? Ms. Langon said. currently. manufactured ho me park arc permitted in the Industri al Zone Districts. Ms . Bradshaw said so if somebody had some industrial land and they wanted to have a manufactured home s ubdivi ion. they could put tt in the indUSlrial? Ms. Lanaon said 1f the y had the appropriate amount of land area. Ms. Bradshaw said do we allow manufactured homes to be built anywhere else in th e City? Ms. Langon said Industrial Zone Disuicts and IS long IS the home is UBC rated and the individual yard could suppon a manufactured home. I guess your question is ... arc you talking manufactured home or manufactured home park? An individual manufactured home could be placed anywhere in the Cny as long IS 11 meets the UBC Code. Ms . Bradshaw said the homes that we were having difficulty with around Clayton ... basically 11 was a mobile home tha t they took o ff the wheels and put II o n a foundation . C it y Man gcr Scar said the y came to the C ny and they wanted it to be approved by the Build in& Department. but IS Tn 1a sa 1d.11 didn 't meet the tandards There I a UBC tandard that actually has to be made where the ' .. • • - ( ( • • D (J Englewood City Council MayHi,2005 Page7 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 . Ms. 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 are, 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. Vote results: 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, Bnidshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO SET JUNE 6, 2005 FOR A PUBLIC HEARING ON SECTION 16-2-20. Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. 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. C OUNCIL BILL NO . 17 . INfRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AMENDING TITLE 16 : UNIFIED DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL CODE 2000. THESE ARE HOUSEKEEPING AMENDMENTS . M ayor Garrett asked if there was any discussion. There was none . Vote results: Moti o n carri ed . Ayes: Council Members Barrentine . Moore. Bradshaw, Garrett. Wolosyn, Woodward, Tomasso Nays : None COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE SECTION 16-l-20 ON FIRST READING . Ayes : Council Members Barrentine. Moore. Bradshaw. Garren. Wolosyn. Woodward Nays : Council Member Tomasso .. ' ... .•' • • Englewood City CouncU May 16,2005 Page8 Motion carried . 0 0. (ii) Senior Planner Graham presented a recommendation from the Community Development Department to adopt a bill for an ordinance amending the Unified Development 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 to businesses that were applying for building permits and on May 2"" we discussed the solutions that the Planning Commission has suggested. Tl>c recommended action is for Council to 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 drive-thru uses . Also in the recommendation, should be the request 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 . ls 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 does that work? Mr. Graham said the drivc-thru use 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 cases both circumstance will apply and either would make thcm eligible. Mayor Garren said but at the Commercial Federal site? Mr. Graham said that was the Burt site, but thc Commercial Federal site, as a drivc-thru use. would qualify. Mayor Garren 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, 2805. COUNCD.. BILL NO. 19, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR 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. 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 Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance granting a utility casement to Public Service Company of Colorado for installation of new overhead high voltage power lines II 2900 South Plllte River Drive. He sai d we have worked with Public Service. We wi ll be upgrading the amount of power that we can get through the switch gears. but we fo und a new route that is shorter and will therefore save a substantial IIIIOUIII of money . We would recommend grant in g an casement , so they can run their lines along that casement inlO the s witch gear . Mayor Garrett a kcd if there were any questions for Mr. Fonda. Tl>crc were none. C O UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (W) • COUNCIL BILL JI.O. 15. COU CIL BILL NO. 15. INTRODUCED BY COUNCIL MEMBER WOLOSYN ' . ... .. • • ( Englewood City Council May 16,2005 Page9 A BILL FOR AN ORDINANCE GRANTING A UTil.lTY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORAOO (dba Xcel Energy) FOR INSTALLATION OF POWER LINES AT 2900 SOUTH PLATTE RIVER DRIVE (Littleton/Englewood Wastewater Trcatmem 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 Construcuon 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 arc going to run a fiber optic line and they are going to bore it, so that it will nol 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 A GENOA ITEM 11 (a) (Iv) • COUNCIL BILL NO. 18. COUNCil. Bll.L 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 . Ma yor Garrett asked if there were any questions or comments . There were none . Vote results: Morion carried . Ayes : Council Members Banentine, Moon:, Bradshaw, Garrett, Wolosyn, Woodward . Tomasso Nays: None (b) Appro val of Ordinances on Second Reading (i ) Council Bill No. 13 approvi ng the agrccmenl wi th Valley Sanitati on Di stri ct fo r realig nment of th e Vall ey San itation Dis lrict se wer line at the Was tcwa1er Treatment Plant was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 18, SERIES OF 2005 . ORD INAN CE NO . 18. SERIES OF 2005 (COUNCIL BlLL NO . 13. INTRODUCED BY COUNCIL MEMBER BRADSHAW ) AN ORDINAN CE APPROVING AN INTER.GOVERNMENT AL AGREEMENT BETWEEN V AllEY SANlT A TI ON DISTRICT PERTAINING TO THE REALI GNMENT OF VALLEY SANITATION DISTRICT SE WER LI NE AT THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . Vote rt"SUl ts: Ayes : Co uncil Members Barrcnune. Moore. Bradshaw. Gamet. Wolosyn. Woodward . Tomasso Na ys : None ' ... .. • • Englewood City CouncU May 16,2005 Page 10 Motion carried. (c) Resolulions and Motions (i) Director Gryglewicz presentcd 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 Dcpanmcnt; 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 S 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 Garrett 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) -RFM>LUTION 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 Garrett asked if there were any comments or questions. There were none . Vote results: Motion carried. Ayes : Couocil Members Barrentine, Moore. Bradshaw, Ganett, Wolosyn, Woodward, Tomasso Nays : None (ii) Director Long presented a recommendation from the Library Dcpanment that Couocil adopt a rcsoluiion authorizing the Library's "Summer Food for Fines" program from Monday, May 23 through Sunday, June 5 , 2005 . He said we have had the program for the past fifteen years, in which we have raised over $22,000.00 for the Inter-Faith Community Task Force Food Bank. It bas proved to be a very popular program with the communi1y and we would like 10 continue that, so we would graciously ask for your approval. I would be glad to answer any ques1ions. Mayor Garrett asked if there were any questions. He said it has been a good program over lhC; years. Ms. Bradshaw said absolu1ely. The resolution was assigned a number and read by title: RESOLUTION NO . 46. 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. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDm, TO APPROVE AGENDA ITEM 11 (c) (ii) -RF.SOLUTION NO. 46, SERIES OF 2005. Ayes : Council Members Barrentine, Moore. Bradshaw, Oarrctt. Wolosyn. Woodward. Tomasso Nays: None Mouon earned . ' • • Englewood City Council May 16,2005 Page 11 12 . General Discussion (a) Mayor's Choice • • .. (i) Mayor Garrett said one of the things that was askcd ... 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 10 the Council, we didn 'I 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 important. It certainly was very important from staffs 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 Short Term 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 spme 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 pown up in this community, volunteers at the Library and wanted to fund that, so she donated SI ,2000.00 to Positively Englewood as a sponsor of the tournament so thal 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 onl y during the time she was growing up , but as an adult in this community ... and how impressed she was with th em. I wanted to share that and let you know those eight spots ... four for the Fire Depanmcnt and four fo r the Police Department ... 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 community thi s is and the kind of impression that you guys have made on them . And also. it is on June 13'". just to put a plug in for the Golf Tournament. 2. She sai d the Code Enforcement Board has come to City Council and made a presemation on some heart-felt though ts ... severa l meetings worth of di sc ussion in trying to deal with different issues that had come up and most of which had come to them again and again from City Council. They had requested that a moratorium be placed on the ino perable "chicle ordinance ... the derelict portion of it, that had to do with the trailers. boats. RVs. and ca mpe rs ... unul some of the problems could be llddrascd ... some of which had been broqht by City Council and some of them that they were able to identify as additional problems . There was discus ion at the time and I wanted to bring 11 to a vo 1c and ask for a vote on that lllOl'atonum tha1 they recommended. CO NCIL MEMBER BARRENTINE MOVED TO ENACT A MORATORIUM ON 111£ SECTION OF THE INOPERABLE VEHICLE ORDINANCE THAT II.AS TO DO WITH TRAILEllS. CAMPUS. IV'S ND BOAT l\'TIL 111E CODE ENFORCEMENT IOAID CAN A~ THE ISSUES THAT OTY .. · .. • • - Englewood City Council May 16,2005 Page 12 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 sec at least six months and that is my motion . Council Member Wolosyn said I have a question . I thought we had a friendly agreement IIOI to put ilcms up for voting of this caliber. I don't mind voting if the rest of the Council is in agreement ... but I did thinlc that we did discuss this before and said we wouldn't do this , that we would put it on the Agenda. Ms . Barrentine said unfortunately . in my opinion, what happened is we ended up voting in a Study Session, which I don 't think is appropriate . The motion died for lack of a second. COUNCIL MEMBER BARRENTINE MOVFJ) 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 HOARD AND PLACED FOR STAFF TO MAKE A RECOMMENDATION THAT A MORATORIUM BE PLACID 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 11IE CODE ENFORCEMENT BOARD'S RECOMMENDATION ON THE PROPOSED CHANGES 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 Sift that the public has an opportunity to be heard . The motion died for lack of a second . 3. She said I had some concerns about the budget meeting that we attended the last Saturday .. .l mean the Saturday before . There wasn't really a budget hearing . This process that we went through did IIOI give anybody in the City an opportunity 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 kind of retrospective. introspective process happening as it relates 10 money . I just wanted to make sure that that was heard . (ii) Counci l Member Bradshaw said I just wanted to remind Council f the "Mee1 the Authors" Open House that is coming up this Sunday . because it was snowed out before . Mr. Long said there is no sno w forecast. so we are looking forward to the Open House this coming Sunday. You are all invited and we hope to 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 yo u have time, stop by . (iii) Co uncil Member Tomasso : I. He said I just wanted to say that I really enjoyed myself at the Taste oi Enak!wond lasl'lfhursday. It was a reall y wonderful event. Genroku served very luge portions of sushi . It was just really wonderful food and a lot of wonderful nems to bid on. 2 . He said the other thing I wou ld like 10 bring up I the banner fee . I would like Council', approval to waive the banner fee for the Old Town Englewood Merchants Association for their car show comin& up lhe 23• of July. Hopefull y, we ca n make up the money in sales tax that they will aenerate that day throup die advertilCDleM of this event. .. ' . ... .. • • ( C Englewood City Council May 16,2005 Page 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 results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 3. He said I received an e -mail regarding the Culture, Commerce and Community Conference from Mike Aaherty. I was wondering if we had any staff that was going to ancnd. City Manager Scars said I don't know . I will have to get back to you. I suspect that someone with the Community Development Department 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 Committce lut week and, as a citizen, regarding the problems that some of the neighbors uound Englewood Hiah School have experienced recently. I want to say I certainly appreciate Ladd's attention and the Committee's aaention and I thank. them. 2. He said Bev had mentioned she was at Habitat for Humanity last week again and I am going to hit 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 District meeting next week on Monday the 23,. 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 discussion at the Retreat reflected our extensive work on the Comp Plan. 13. City Manager's Report (a) City Manager Scars said I wanted to ask Council to consider rescheduling the July 5. 2005 City Council meet ing to July 11. 2005 . Mayor Garrett said to clarify. the 4th is on a Monday, but the reason wc had moved it is because it was such a short week. staff didn't actually have time to get everything prepared to get to Council and get things ready so wc delayed it o ne week last year for that purpose . Mr. Scars said wc arc in the same situation this year. but it is certainly up to City Co unc il. W e certainl y can meet the night after July 4111 if that is preferable to Council. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE JULY S, 2005 CITY COUNCIL MEETING TO JULY 11, 2005. Mayor Garrett asked if there a ny discussion. There was none. Vote results : Ayes: Council Members Barrentine, Moore . Bradshaw. Garrett. Wolosyn. Woodward, Tomasso ' ·' • • Englewood City Council May 16,2005 Page 14 Nays : Motion carried. None ·• • • CJ (b) City Manager Scars said Council received, with the exception of Council Member Woiosyn, 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 letter ... except Ms. Woiosyn ... I'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 22"" when I sat over there . along with several members of my organization ... not ail police officcrs ... but a variety of people sitting out there. both for and against some of these issues. But, essentially, 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"" Mr. Woodward had asked for a response to some of these issues and on March 2"" I rcsp<,lndcd to Council with that and you all received that rcsponse ... prinwily dealing with three primary issues. I'll go over those in a second. On March 29* 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 conccms and made a recommendation that they potentially enter into what we call a labor/managcmcm team, which is a regular ongoing attempt to address these kind of issues. in a facilitated format, with notes 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 wc have a regular Uni o n meeting and why don 't you come and talk to the rest of the group about that proposal . So on April 21• I met with all the Union members . There were about twenty in aucndance, including some of the Board members. and I specificall y made that recommendation that we again enter into a meeting. as I had already recommended prior to that. When I entered tha1 meeting they gave me this li st of questions and they wanted me to respond to them then and I declined. I said I have a better formal for that. I will be happy to respond to all these questions, but I would like ii to be in a situation where we could all hear the response. get a standard formatted response to that, so that we don't have twenty people m1 interpreting 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 to all those members agai n ... to Mr. Scars ... staling the same thmg that I said when I met with them in a public meeting and essentially s:ud the same thing ... lei me know. I will be happy to meet with you, get your Board back with me and we will move on from there. I have not heard from them since and they say that I have not or that my Staff has not made some SOrt of coma I with 1hcm is tOIJllly incorrect. And I am not sure when: Mr. Bruno is acning the informaticn. Every tirne we sec one of the Board member we all say ... when arc wc going to have the meeting? Let us know when you want lO set th, up . We 've got a format m place. lets get going and we will respond to all these issues and move ahead To date. I ha,e 001 heard a 1hmg . It 1 now gcmng to the point where wc arc jUSt, basically. begging them to meet But anyway. that was apparentl) the tone of that lcncr that you m:civcd today and that i why I am here today 10 sa 1ha1 1ha1 1> 1otally ma cura1 • because "'e ha,c made ,gmficam aaempts ... noc just after this February 22"' mccung. but la l )Cllr, pnor to negollallon.,. "'e onst.llll l) kcd them. lets meet. lets meet. lets meet and 11 i pracucally lile pulhng teclh to ge1 them 10 omc on up and meet wtth you We could have resolved a loc of wucs in arbnrauon 1f the)' JUSt would ha,e met ,.,th lb. but the) didn't. An)way. kner IO Mr Wood•'&rd's response address tho thro:c , ~uc re on the radio tem. on our computer &SSISled ddpMth }'1'Cm/mob1lc laplops and on Slaffing. I th,nl we tu,e iune mer tho.c alrc.J I "'ould be happ) 10 d that apaa. bul we arc mov,n ahead on all th< "~uc The r-"110 uc 1w bee( me much more comp! alCd than "'e tliolapt r,e swcd befr,re, l wanted ., t ... .• • • C. C Englewood City Council May 16,200S Page IS • • • 0 r:---l ''10. 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 are 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 are other issues involved as well . Mr. Brotzman is aware of that. We had a lot of contractual issues with Denver, which we had to settle. The stuff has arrived ... most of it. .. the rest of it is on its way . When we get it all organized we 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 ... we are 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 are 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 arc A-okay to go, it is much more complicated than that. So wc are moving ahead with that system. As far as the staffing, we indicated that we are 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, but 36 is what we are 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 memben 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 ... we have had a couple of diSCUS1ions 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 ... Llculcnant Sanchez bas bec:n set up as a liaison between the patrol and investigation bureau on the Police side and Blllalion Chief Dick Petau 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. we work on them and we either ICDd them to IT or send them to whatever ... outside sources we need. We get things accomplished and then wc ICDd a response back saying here is what has been done. Every week there is a listing of what things came on in. whal things were accomplished and that goes out to all the people in the organization, so that they can see where wc arc going with all those things . So we are trying to maintain this t ,ta lly open dialogue. Mayor Gama said there is a Siatus Report. Mr. Olson said there is Status Report coming eclcly basis any more. right. Maybe we didn't do that in the past. We have done it in different formats , but thi s ,. e kind of formalized the whole thing to make s ure that everybody gets that. And we make sure that the issues ... c: at least looked at and resolved so that people can see that something is happening and that we are not just ignoring it. Mayo r Garrett asked if there were any ques ti ons 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 issue for Council is that this letter was addressed to Council, except for Olp ... sony ... and to Gary. So do we wan1 to iss ue some kind of formal response now ? That response can take two forms . Either say ... the information we ha ve is there has been contact, which is what Chris has said .<¥ we can say we JUll IOI tlus letter, C hris has g,vcn hi s response to it, we arc looking into it and we wil! get back to you later. Or we don't is5ue a response now and we do it at some later point. So there arc three options as pos ibihbCS . Council Member Bradshaw said I like the second opt.ion. Mayor Garrett said 10 say we are looking at it. Ms. Bradshaw said to say we arc looking at it, we've received your icttcr ... that would be my personal preference. Mayor Garrett asked if there ere any other comments. There were none. . • ·""· ' .. .. ' • • Englewood Chy Council May 16,2005 Pqe16 Mayor Garren said arc you in concurrence with Bev's recommendation? Council Member Tomasso said that is fine . Mayor Garren said we arc basically saying that wc received your letter, wc have taken a look at it, Chris had a an opportunity 10 take a quick look at it and respond 11 Council this evening, but the leuer raises a lot of iS1UCS that wc want to get a little more facts on. Do you want that to go out under my signature or Gary's signature? Council Member Bradshaw said they addressed the letter to us. Mayor Garrett 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 substantive response? Council Member Bradshaw said I would like a timeline ... that you praented ... just a timeline. Mayor Garren said a timeline 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 Garren said that is what I would to sec. to sec how that fits in . Mayor Garren asked if there was any other information that Council mipt desire? Council Member Tomasso said is there a difference between the fire ndioa and the police ndiol? Direc1or Obon said no, we an: all going to be on the same system. Mr . Tomauo said no ... cunendy? Cunmt radial? Mr. Obon said oo. not really, no . Everybody is on what is called the VHF system ript now ... differenr frequencies. Council Member Tomasso said so the Fire Department hasn't raised thele iasuel? Director Ollon aid IO, they haven '1. I mean they have concerns down there at times, u wdl, but we ue on the ume 1yaaem. W-we ao 10 800, they will be on 800 as well. In fact. they do have some 800 radios ript now, that we boupt aevenl years aao, so they could communicate with the other jurisdictions. but the new system will put tbem on tbe tocal openlive ability spectrum . There will always be some iSSUC5 . As I said before, you cannot have a perfect system. Council Member Tomasso said I just wondered if the issues coming in from the Fue Depanmem are the same u the police? Or if the police have different issues than the Fue Depanment in relalionship to tbe ndiol? Di1ector 011on said I don 't think they arc the same kind of issues ... bul occuionally, yes. Fire does have lnlllmiuioa problems and so on . I would have Battalion Chief Fox step forward but he probably doesn't want to get in the middle of this ript now . Mayor Garren asked if there were any other questions or information that Council miptl want to review ? Mayor Garrett said. City Manager Scars, has this been helpful to you? Hu this JiVCD you -direction? Mr. Scars said ye . we can try 10 put togethe r a response and send OUI a ~ under our joi• sipllbll'CI of yourself and myself to Mr . Bruno . Mayor Garren sa,d do you understand the information that Council is INkina? Chy M....,. San said yea ud I thud. the ocher pan of that I the 11mehne for the implemenwion. I am a liale bit shy oa dlll. jllll *-of die mple 11y orthe 800 megahenz and the laptopS . I don't Wllll to pua a line out 1111n when dley uy ... we haven't met a rcqwremcnt Ma or Garrett id I think the letter addrcsse5 that we have been iaattmli'lle 10 dull .-. C-1 Meabcr Brillbha"'' said and our ff h noc. Mr . Garrett Slid have we been i......-ive" Tllal,11 dlequatioa. lfdle-- ' • • Englewood City Council May 16,2005 Page 17 ·• • • .. 0 [J is no. how ha vc we been addressing 1ha1 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 it really is not Chris doing in part. It is the difficulty of a tough economy. I think as Chris has identified it. .. it has been the 36 working people . Thal third issue is staffing and the bottom line is thal as we have lost positions throughout the organization ... we are down 50 employee positions from where we were several years ago ... IO 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 10 have a reduction. So, as part of meeting a difficult economy, which Council considered and participated in ... along with staff. So there is no easy answer to that, but clearly, as Council talked aboul tonight and in the outcomes. there was some discussion about impact team. We're in a budget process and ii is something we can take a look at...going forward . I just want to say that we will try, through this letter, to respond to that third item, in the most informative manner that we can. Council Member Bradshaw said right. Dan I have a question. In Mr. Bruno's letter it tallcs 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 timcline fits in . And the issues that were addressed publicly remained unresolved ... that is also part of the tirneline. but then the concluding sentence where it says issues which were raised, but were not specifically identified, have received only inattention. Those, I believe, he is referring to the anonymous letter thal we all received and that needs to be addressed in this letter too . There were other issues, but this was an anonymous letter. We didn'I know who ii was from . Council Member Wolosyn said was thal lisl of 25 things, anonymous? Council Member Bradshaw said yes. We addressed the three that we heard about in public and that needs to be the response. If anybody else has more input that is fine, but that is how I would see it. Mayor Garrett asked if there were any other comments on this particular issue? There were none. 14. City Attorney's Report Ci1y Anorney Brotzman did not have any mailers to bring before Council. ••••• Council Member Barrentine said I have one other thing that I had forgotten . I wanted to thank. on a Council Request. Mike Flaherty for addressing a question lhat was brought up at the last Council meeting regarding some inaccurate information on a presenlation IO the Scientific Cultural Arts Division. And I want to let everyone know that there were some more phone calls. there were three more presentations thal were made based off of the supposed agreements wi1h the Englewood Cuhural Arts Center Association for the space over here and they were inaccurale, so I would like to go ahead and forward this response on IO them so tha1 they have the informa1ion from u; abou1 what is going on. There was a claim 1ha1 1here was a million dollar commitment from us and that there was so me pnonty m 1ha1 space ... 1ha1 they arc ou1 seeking other people and bringing them in ... and tha1 information howed up in 1hrec more ... al leasl three more ... apph a1ions . So since this addresses it. and I think very well . I "'ould li~c 10 pass thal on 10 lhc Sc1en1ific Cuhural Arts Division so tha1 they could go ahead and deal with some more accurate informa1ion . She said j usl IO let yo u know lhal I am going 10 do that Co uncil Member Wolosyn said I would hkc to follow-up and also thank you for tha1 very kind answer . lu for the prescn1a11on . 1hc m1lhon dollars referred to the three requests that the Cul1ural Ans Commission has •ar-1 to make o ver a senc o f 'Car and in 1he C IP . Capilal lmprovcmcnl Plan. and has IIOI done so for the last lwo years because of 1hc budge! Th 1 1s all 1ha1 was aboul. TIie Englewood Arts has not talked 10 any other or1aniwions about 1151111 th ,s pace cvcr~onc who 1s involved w11h us kno • we arc ,-cry invo lved 1n the proar111111 we put on in the commun11 · and 111 1>orking towards finishing 1h1s space in a .... y that make$ it a community resource for everyone 1n 1lu~ to\\ n I m •lad 1h1 ame up. because 11 allo,o-cd t lanfy • few 1r.suc because En1lewood Ans does IIOI "'an1 n)bod) out 1hcrc wing our name 1n onler to quahfy for funding at Arapahoe SCFD. ' .. • • Englewood City Council May 16,2005 Pqel8 Council Member Barrentine said I am glad that we were able IO bring that up, because they are specifically referencing Sue and this organization in their application. So, if that is not with your permission then that is important. And she did specifically &ay that the City of Englewood bu already committed that million dollars, 50 if there is some miscommunication then we might want to clear that up. Ms. Wolosyn &aid we are in communication with SCFD right now clarifying these issues. 15 . AdJourn-nt MOVED TO ADJOURN. The meeting adjourned at 8:55 p.m. ~~-~ • • ·• • • • ,..-. t \ t I l ::;;.--' r . -y .! I I I :...__J • GOLF TOURNAMENT 11 ~t 1, ~ H Monday, June 13, 2005 1 f p ( 7:00 AM Registration begins, t:=:!~--suoo cJ practice range opens, i Continental breakfast Company Binner dllplayed at Tournament 4 players, green fen, cart, Continental 1 111 7:30 AM Registration check-in brNlcfall, and lunch deadline . Hole apor-.hip il 8:00 AM Shotgun Start, l.lllllib lwll9f fHI Promptly ReoDgnlllo,, on al pramollonal piecel 1 ..,., gr..-. feel, cart,~ 12:30 PM Awards Luncheon ~andlunch and Cash Bar I 1i ~ ~ r,I 8E A CHARTER PARTICIPANTJ §~, GUARANTEE YOUR SLOT HaleS-W m REGISTER EARL YI Campany -on hola • i ~ "ft Recognition on al promOlllnll piecel (144 playw maximum) ~p NHQondpn Registration 0.adllne Is Recognillon on al pramallonal ..... Friday, May 27, 2005 ....,_Prtn · 111...._ UI NII II ~ ~ j Goodie ... PNe ........ ..._ 11 FOf' questions and details, caH : Mn Nabholz , Chair at 303-783-4651 ui f-c Daryl Estes , Vice Chair at 303-762-8355 ... ,. A registration pacl<et with Tournament Fada I Mulligan Prices , and General Ruin _. be handed out upon check-In on tournament day. i I ~ Efltllleinocl ia a MWly formed al-volunlaer . fundralllng group. t '•1 ---, I . ~ .-_· I , 1 , , 1· l=il f l l · · d 1'11-1 Monday, June 13, 2005 .. ~ ~,. 7:00AM ~ I 1-1 Englewood Golf Course 2101 W. Oxford Avenue Englewood, Colorado I 1111 1 .1-1 J~1::-_~ 1-1 Saambk I I-fl I j I I I, I 1-·i~'"" :7~~· ~·-, ....... Food,prtzes,drawlngs ... II• Ir"...:-<;-,' -"" • ...... • •• FUNII sill f 11 ~ I ,,,.1 ,· IN r I ·1 ~·, .~ . .)~. ·. \ I .... , .. od, In partnenlhlp with. . . I . . , .; · .·1' ' Cly~Englewood. for the • g • -' 11,, f ' ' • , • .• '{1 ,', ·' . fl". ~ / ~--;----··1 1./ ~ i \_,. __ . --· • •• l • • • PUBLIC COMMENT ROSTER DATE: June 6, 2005 ' .... .. PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT NAME ADQRESS • • COUNCIL COMMUNICATION Date Agend;a Item Subject June 6, 2005 9 a i Victim Assistance Law Enforcement Grant Initiated By: Slilff Source: Safety Services Department Chris Olson, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has applied for and accepted the VALE Grant from 1990 through 2005. RECOMMENDED ACTION The Safety Services Department recommends that Council adopt a bill for an ordinance accepting 2006 Victim Assistance Law Enforcement grant funding in the amount of $15,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 2 7 percent of the salary and benefits for the Victim Witness Program at Englewood Municipal Court. The Victim Witness Program provides services for victims of domestic violence. FINANCIAL IMPACT The Victim Witness program would lose 27 percent funding. LIST OF ATTACHMENTS Bill for an Ordinance • • .. C ORDINANCE NO . SERIES OF 2005 BY AUTHORITY m.t.POR f AN ~ANCB AUTHOIUZINO 111B ACCBPTANCE OP A VICTIM/ ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSIITANCB LAW BNPOR.CBMBNT BOAllD OP 1118 18TH JUDICIAL / DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the City of Englewood bas previously applied and been granted VALE Grants for the years 1990 through 2005; and WHEREAS, the staff seeks Council support for an Ordinance accepting a 2006 VALE grant funding in the amount of$ I 5,000; WHEREAS, the Victim/Witness Program in the Englewood Municipal Court bas served the victims of domestic violence since 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authori:zcs the acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Director of Safety Services and the Director of Finance/Administrative Services arc hereby authoriz.cd to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of June, 2005 . Published as a Bill for an Ordinance on the 10th day of June, 2005. ATTEST : Dou&Iu Garrett, Mayor Loucrishia A. Ellis , City Clerk -1- ' .. .. .· • • • 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 6th day of June, 2005. Loucrishia A. Ellis -2- .• • ' • • 0 ( C ·• • • VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4 .2 Title 24 C .R.S., the Victim Assistance and Law Enforcement Board of the 18111 Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 05-38 Project Title: Victim/Witness Advocate Purpose of Grant Funds: Law Enforcement Victim Services Services/Equipment Being Funded: Portion of salary and benefits of Victim Assistant Grant Period: July 1, 2005 to June 30, 2006 ( Amount of Grant Award: $15,000.00 Quarterly Installments: $3,750.00 BE IT UNDERSTOOD THAT: (1) All disbursement of awards are contingent upon the availability of VALE f\lnda . (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fuly set forth herein. (3) The grant recipient is required to submit Financial Repo,ts qua,te,ty: October 31, 2005, January 31. 2006, April 30. 2006 and July 31, 2008 to, funding to, 2005/2008 . The report due on July 31, 2006 shall be the year-end report. The VALE Board wil provide Financial Reporting Forms . Grant recipients are required to use these fonna . (4) The grant recipient is required to submit Program Repo,ts on: January 31. 2008 and July 31, 2006 for funding for 2005/2006. These reports,,.. addrw any tpeCial c:ondltiona that are listed in this contract. The report due on July 31, 2008 lhal be the yNr-end report. It shall show totals for the entire year and must addrns any special conditions that .. lilted in this contract. The VALE Board will provide Program Reponing Fonna. Grant rec:ipie,ita .. required to use these forms . • ! t A ' • • Englewood Department of Safety Services 05-38 Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial, Colorado 80112-4031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in termination of the grant award, return of awarded funds or the loss of future funding by VALE. (6) Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: (7) Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpose designated in the grant application . Any u1e by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such UN or transfer or may request return of the equipment. (8) Any change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use. (9) Amendment of any other terms of this contract shall have prior app,oyal of the Board. Requests for amendment shall be in writing. (10) The grant recipient shall submit written notification by June 1, 2008 IO the VALE Board if the grant recipient will have any remaining funds at the end al the grant period. All unused funds shall be returned to the VALE Board unleu the grant '9Cipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. 2 ' .. . .. • • - l ( :r Englewood Department of Safety Services 05-38 Such request must be received on or before June 1, 2006. Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing. (11) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. (12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. { 13) Non-compliance with any portion of this contract may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. (14) All grant recipients shall make available to the Board or its authorized designee all current · books, records, procedures or other information relative to the grant application and implementation. (15) The funds granted by this contract for Victim Services shall be disbursed in quarterty installments pending VALE Board approval of all required reports and verification of expenses. The funds granted by this contract for equipment may be dispersed by a single payment for the full amount. pending VALE Board approval of all required reports and verification of expenses . .. t ; • • 3 Englewood Department of Safety Services 05-38 ·• • • The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. I·--?'L~-' Date "5' ~~/~ ::,- } Project Director Date Financial Officer aWi Date £/2)/o-f' 7 Date Tony Spurlock Chair, VALE Board Authorized Official : The authorized official is the person who is, by virtue of such person's position , authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, Chairperson of the County Commissioners, District Attorney, President or Chairperson of the Board of Directors, Superintendent, or other Chief Executive Officer . Financial Officer. The person is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, verification of expendltu1'91, audit information and financial reports. The person who actually prepares the finical reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Offldal or the Project Director. Project Director: The person who has direct responsibility for the implementation of the project. This person sh ould combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/she shares responsibility with the financial Office for seeing that all expenditures are within the approved budget. Th is person will normally devote a major portion of his/her time to the project and la responsible for meeting all reporting requirements . The Project Director must be a person other than the Authorized Official or the Financial Officer. 4 ' .. .. , • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 6, 2005 9 a ii Ordinance to Exempt Acupuncturists Licensed by the State of Colorado from Obtaining a Massage Therapist License Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council heard a request for exemption on December 20, 2004 from Ms. Anne Chew, and discussed the issue with City staff on May 16, 2005 in study session. RECOMMENDED ACTION Staff recommends that Council adopt a bill for an ordinance adding # Acupuncturists Licensed with the State of Colorado" as an additional exemption from the licensing requirements for massage , therapists. C Approval of this bill for ordinance will add the following under 5-5-2: F. Acupuncturists licensed by the State of Colorado performing massage therapy services in the course of their usual duties as acupuncturists. FINANCIAL IMPACT There could be some minor loss of license fee revenue from adding this exemption from licensin& but the amount should be minor. LIST OF ATTACHMENTS Bill for an Ordinance • • (. C ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR AN O~INANCB ;an.a 4 ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ACUPUNCTURISTS. WHEREAS, the State of Colorado requires Acupuncturists to be licensed by the State under C .R.S. 12-29.5; and WHEREAS, Acupuncturists licensed with the State of Colorado shall be exempt from the City of Englewood's licensing requirements for massage therapy services performed in the course of their usual duties as acupuncturists; 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 5, Chapter 5, Section 2, of the Englewood Municipal Code 2000, with the addition of a new Subsection F, to read as follows : Chapter 5 MASSAGE THERAPY 5-5-2 : License Required. It shall be unlawful for any person to offer or perform a massage and it shall be unlawful to operate a massage therapy clinic in the City of Englewood without first obtaining a license for such activity except for the following classes of persons: A. Physicians, osteopaths, physical therapists, chiropodists, podiatrists, or chiropractors licensed in this State, their offices and clinics, and all persons working in their offices and clinics under their supervision and direction. B. Hospitals and all persons employed by institutions and establishments licensed by the State as hospitals while performing their usual duties within the hospital or institution so licensed. C . Registered nurses and licensed practical nurses performing massage services in the course of their usual nursing duties . D . Cosmetologists and barbers duly licensed under the laws of this State, acting in the course of their usual duties as cosmetologists and barbers. E. Trainers of any recognized amateur, semi-professional, or professional athlete or athletic team. &! Acupuncturists licensed by Jhe State of Colorado perfopnjog rnnsege therapy services in Jhe course of Jhejr usual duties as ICIIDUDCtUrists, -1- ' . .. ,• • • 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. 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. lpconsjstent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of repeal or modjficatiop. 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, 11 well II 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. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of June, 2005. Published as a Bill for an Ordinance on the 10th day of June, 2005 . Douglas GarTett, Mayor ATT EST : Loucrishia A . E llis, 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 6th day of June, 2005. Loucrisbia A . Ellis -2- f• t .. .. • • (. ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 6, 2005 Library Carpet Purchase & Installation Initiated By: Public Works Department Englewood Library Staff Source: Rick Kahm, Public Works Director Hank Long, Library Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved an appropriation for carpet purchase and installation in the 2005 budget RECOMMENDED ACTION The Englewood Library Carpet Committee recommends appr purchase and installation of tile type carpet tQ r!f)f~~ exi recommend$ awarding the contract to the lowest re a contract for the Staff the ari'tount of $121,826.32. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff formed a carpet selection committee to review alternatives with our consultant, Claudia Ingraham Designs. The Englewood Library Carpet Committee attended a number of meetings with the consultant to review various manufacturers of tile type carpet The committee recommended a carpet manufactured by Lees Carpets. Bid dbcuments and specification were prepared with procedures for other manufactures to submit their products for consideration. Milliken Carpet was ap prove d as an acceptable alternate carpet. An Invitation to Bid was listed on the City's web-site. Three vendors responded to the bid document. Two vendors bid Lees Carpet and one vendor bid the Milliken alternate. Resource Colorado, representing Lees Carpet. was the lowest responsive bidding entity whose offer is technically the most advantageous to the City. Removal of the old carpet and installation of the new carpet is scheduled to take place from Monday, Allgust 1 through Sunday, August 7. Given the fact that a lot of prep work has to be done before and after (e .g . removing and reinstalling computers and other Library equipment, moving the aq uarium, etc.) the Library will close at the end of the work day (5 :30 p .m.) Saturday, July 30 and will reopen to the public at 10:00 a.m. Tuesday, August 9 . This allows all of the behind-the-scenes work to take place Sunday, July 31 and Monday, August 8 . FINANCIAL IMPACT Three bids were recei ed and opened on May 18, 2005 as detailed in the attached Bid Proposal Tabula tion . ' ... . •' • • Detailed below are the costs associated with the project: Resource Colorado Consultant Project Administration (Claudia Ingram Designs) Contingency ___ _ _ _ _ -.---- Total Estimated Project Costs $121,826.32 3,000.00 6000.00 $130,862.32 Adequate funds are available in the Capital Projects Fund (MYCP) for #Library Carpet Replacement#. UST OF ATTACHMENTS Bid Tabulation Sheet Contract Form . • t • • .. • ·• • ' . .... •,.• .•. l 0 0 .; -.,. . . .. ~ . . .. ; ,,. . ,,I ·,. I .. . ... t . ... I ·~• :;\ • . . . • ....... ··~ .... •• 1 .. .. : ... . .. ~ .. · . ., . . ... ••• >. _____ , • 'J .. \, • City of Englewood Bid Tabulation Sheet Bid Opening Date: May 18, 2005 Bid Item: Englewood Ubrary TIie Carpet & Installation Resource Colorado White Construction Group The Floor Care Co Vendor 700 W Mlulaalppl Ave 221 WIicox SI Suite 100 1275 S CherolcN Denver, Co 80223 Castle Rock, CO 80104 Denver, Co 80223 Bid Item Bid amount Add/deduct DIGMIOUl'II ··-Bid amount Add/deduct 1. Main Area s 79,960.03 s 3,502.00 S 109,700.00 s 89,891.42 2 Add/Altemal 1, (Chllda area) s 11,119.11 s 450.00 s 19,IIO.OO s 17,211.38 3. Add/Alternate 2 (N.E. I, S .E. areas) s 13,611.67 s 148.00 s 20,900.00 s 14,479.81 4. Add/Alternat 3 (back offices) s 16,357.74 s 1,081 .00 S 20,000.00 s 17,590.71 5. Add/Deduct Alternate Deduction (rubber base/stacks) (+/-) s 5,879.00 s (3,000.00) S . (4,549.60) Bid amoul -I+ deduct s 127,705.32 s (5,179.00 S 17D,290.00 s (3,000.00' s 139,317.17 s (4,541.IOj Total Bid without 15 s 121,121.32 s 117,290.00 S 134,117.57 Exceptions See bid documents Nou noted See Bid documenta ' Bart's lnderlora, Inc 10195 Moutv1ew Blvd Aurora, CO 8011 O Bid amount Add/deduct NOBID • NOBID ( l ( ·• • • CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this 6th day of June, 2005 by and between the City of Englewood, a municipal corporation of the State of Colorado here after referred to as the "City", and Resource Colorado, Inc., 700 West Mississippi Ave., Bldg. C, Unit 4, Denver, CO. 80223 here after referred to as the "Contractor". Sealed proposals were received for furnishing all labor, tools, supplies equipment, materials and everything necessary and required for the following: PROJECT: TILE TYPE CARPET AND INSTALLATION -ENGLEWOOD LIBRARY WHEREAS, proposals pursuant to said advertisement have been received by the Director of Public Works or Authorized Representative with a recommendation that a contract for Tile Type Carpet and Installation -Englewood Library be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to this recommendation the Contract has been awarded to the Contractor by the Director of Public Works or Authorized Representative and said Contractor is now willing and able to perform all of the work in accordance with the advertisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contractor, and mutual agreements contained in this contract, the parties agree to the following: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Doet.ments or the Contract between the parties and they are as fully a part of this agreement as if they were set out verbatim and in full. Invitation to Bid General lnfonnation General Conditions and Minimum Specifications Contract (this instrument) Performance Payment Maintenance Bond Special Provisions B. Scope of Work : The Contractor agrees to and shall ful'll.ish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents . C. Tu!!M of Perfonnance : The Contractor agrees to undertake the performance of the work under this Contract on or before August 1, 2005 and agrees to fully complete said work by 8:00 a .m. August 8, 2005, plus such extension or extensions of time as may be granted by the Public Works Director in aocordance with the provisions of the General Conditions. The work under this contract includes the Main area, children's area , N.E. & S.E . areas, and back offices as desClibed in the Invitation to • 1 • ' ... .. • • ·• • --~---------;....-..;;;.._..;._~~~~--=--------~~~.__;...-~·----- D. Bid# ITB-05-114. Tenns of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal, the total estimated cost thereof being One-hundred twenty.one. eight-hundred twenty-six dollars and thirty-two cents ($121.826.32). E. lndemnifqtion: The City cannot and by this Agreement/Contract does not agree to indemnify. hold hannless, exonerate or assume the defense of the Vendor or any other person or entity, for any purpose. The Vendor shall defend, indemnify and save hannless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker's Compensation claims, in any way resulting from or arising out of this Agreement/contract: provided, however, that the Vendor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City's officers, agents and employees. F. G. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the successful vendor of. such termination and specifying the effective date of such tem*1ation, at leaa1 thirty (30) days before the effective date of such termination. In that event. all finished or unfinished service, reports, material (a) prepared or furnished by the successful firm after the award ahal, at • the option of the City, become its property. If the award is terminated by the City as provided herein, the successful firm wift be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the SI IOC8SSful firm covered by the award. less payments of C001)81 IS8tion previously made. H the award is terminated due to the fault of the SI IOC8Ssful firm, the clause relating to tennination of the award for cause shall apply. Tennination of Award for Cause: H, through any cause, the successful firm shall fail to fulfill in a timely and proper manner its obligations or if the successful finn shall violate any of the covenants, agreements or stipulations of the award, the City shall have the rig1t to terminate the award by giving written notice to the successful firm of such termination and specifying the effective date of termination. In that event. all furnished or unfinished services. at the option of the City, become Its property, and the successful firm shall be entitled to reoeive just. equitable c:orr.,enaation for any satisfactory work documents. prepared ooo,,leled or materials as furnished. . 2· ' .. ·' • • H. I. J. Notwithstanding the above, the successful firm shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the successful finn, and the City may withhold any payments to the successful finn for the purpose of set off until such time as the exact amount of damages due the City from the successful firm is determined. ~: Funds have been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient fi6lds are appropriated and budgeted by the governing body or are otherwise unavailable for any reason in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amouits for which funds have already been appropriated or are otherwise available. The City shall immediately notify Contractor or its assignee of such occurrence in the event of such termination. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns and suocessors. Liquidated Damages Owner and Contractor recognize that time 1s of the essence in this Agreement because of the public interest in health and safety, and that the Owner will suffer financial loss, inconvenience, and level of treatment degradation if the Work is not ClOl'11)lete within the time specified, plus any extensions thereof allowed in accon:tance with the General Concltlons. They also recognize the delays, expense and dftlculties imlolved in proving, in a legal proceeding, the llCIUal loss 8Ufferecl by Owner if the Work is not complete on time. Accordingly, Instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay Owner $3,000.00 for each day that expires after the time specified in Article 5 for substantial completion until the Work is complete, and $3,000.00 for each day that expires after the time specified in Article 5 for final completion until the Work is finally complete. Liquidated Damages do not apply to ·~Alternate :r' (back offices). . 3 . • • IN WITNESS WHEREOF, the parties have caused this contract to be signed P8rsonally or by their duly authorized officers or agents attested. This Contract is executed in ~ counterparts. CITY OF ENGLEWOOD By:---:------~ Mayor Or Authorized Representative ATTEST: Lou Ellis, City Clerk Company or Corporation By: ________ _ (Please Print) Signature TiUe ATTEST: (As to~) By:. ________ _ Secretary .4 . t ... • • City of Englewood AGENDA ITEM t DATE: June 6, 2005 PLEASE PRINT NAME ADDRESS • • I' D 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 6, 2005 to• Amendments to ntle 16 Englewood Municipal Code (Unified Development Code Housekeeping Amendments) Initiated By: Staff Source: __.... Community Development Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION On May 16, 2005 City Council considered the first reading of Council Bill No. 1 7, proposed "housekeeping" amendments to ntle 16: Unified Development Code (UDC). During the discussion, Council voted to remove section 16-6-20: Historic Designation from Bill No. 17 and conduct a separate Public Hearing on the issue. Council set a public hearing for June 6, 2005, to consider public input on the remainder of the proposed housekeeping amendments. REQUEST Staff requests City Council consider public testimony during Public Hearing and approve the proposed amendments to ntle 16 : Unified Development Code of the Englewood Municipal Code. BACKGROUND Phase 1 of the Unified Development Code (UDC) project focused on general updates and reformatting of city zoning regulations. 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 wou ld be ini ti ated to ·correct them . Over the past year, staff identified oversights and issues which Plann ing and Zoning Commission co nsidered during multiple study sessions. Council reviewed the proposed amendments and pro ided direction on the proposed amendments during th'e March 21, 2005 Study Session . The Commission held a Public Hearing on the proposed amendments on April 19. 2005 . The Commission, by a vote of 6 to 1, recommended approval of the proposed amendments. ORDINANCE OVERVIEW The propo ed housekeeping amendments are intended to correct omissions, refine, simplify, clarify, or provide consis tenc with o ther sections of Title 16. ' .· .. . .. • • The following proposed amendments address new material to the UDC and are included in this housekeeping measure as each is a small modification that does not warrant a separate ordinance process for each topic : Section 3 : Terminates an application that has been postponed or continued for more than 180 days to prevent "stale" cases or clouds to land tides. Section 6 : Adds Internet Sales as a permitted use in MU-82, 11 and 12 zone districts. Section 9 : Codifies a long-standing City policy to allow mechanical equipment (HVAC units) and handicap access ramps within setbacks. LIST OF ATTACHMENTS Bill for an Ordinance C ( ORDINANCE NO. SERIES OF 200S BY AUTHORITY A BILL FOR COUNCIL BILL NO. 17 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 . S, 2004; and WHEREAS, Ordinance No. S, 2004 was the tint major rewrite of the zoning and subdivision regulations in almost twenty years; and WHEREAS, Ordinance No. S, 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 J. The City Council of the City of Englewood, Colorado hereby amends Title 16 , Chapter 2, Section l, 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 swnmarized ·n the table contained in Section 16-2-2 EMC below. C. Board of Adjustment and Appeals. I . Administrative and Review Roles Under this Title. The Board of Adjustment and Appeals ("Board") shall have the following responsibilities io administering this Title: a . Appeals from Building Permit ~nials. The Board shall have power to hear and determine appeals from refusal of building permits. b. Administrative Appeals. In addition to such other jurisdiction u authorized by law, tbc Board shall have the jurisdiction and power: -1- ' .. • • {I) To bear 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 thia Title, or similar Uniform Codes adopted by the City, except the Model Traffic Code, and to bear and decide all matters referred to it, or upon which it is required to pass under this Title or any amendment hereto. (2) Li rleciding 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 u in its opinion ought to be made and, to that end, shaJJ have aJJ the powers of the enforcing agent. ~) 1=e h_. 111111 deeNle appaele wh111 it ii alla11N1 there ia • mer HI ey 11111111inlm111, •eeiaieit; er llllellllilllltia11 111 de II) die Ree4 Plain f,llmiaia&ater HI tile a11fe1111a111911t er edm 'ai88'Mie11 el' thia Tide. c. Zoning Variances. The Board shaJJ 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 u follows : 16-2-2: Summary Table of Administrative and Review Roles. The following table Summarizes the review and decisioo-makiJla responsibilities of the entities that have specific roles in the administration of the procodurea set forth in this Chapter. For purposes of this table, an ·(Approval) Lapsing Period• refers to the total time from the application's approval that an applicant bas to pn,cced with, and often complete, the approved action. Failute to take the required action within the specified "lapsing period• will automaticaJJy void the approval. See Section 16-2-3.L E MC, "Lapse of Approval," below. -2- ..., ___ ...... "'' or this Title ppeah to Boon! 6-S-3 6-2-17 6-2-11 6-2-6 16-2-11 (J ' one • • - 0 . Conditional Use 16-2-12 R b IA I year Pcnnita ,J ,J ,J p,aditional Use -16-7 J b IA ~-lrelecommunicatioo ,J ,J ,J ,J ' bevelopmeot 16-2-IS "-D IAs..-miD it.greementa IA~nt Flood plain Devi. l'amit and Flood See Chapter IM for applicable pn,cedara and llandonll Plain V lrilllCOI .· u , ....... "-'-··'-~ i ! ! !? i i ~ imiled Review Use 16-2-13 b IA ~ yes ~II ,J ~ajor Subdivisions 16-2-10 Prclimina,y PIii ~ ~ p ~_.. .. .J .J .J ~Fiaol Plol ~inal Plat ~ ~ p ,J ,J ~doys toreconl .J Simultaneous Review • Pre-lit ~ p .J .J iOdoystoreconl . Plat/Final ,J ,J ~ • • -4- Reco<ded Final Plal None Minor Subdiviaioo 16-2-11 Prcliminaty P1al D ~ ~ moalbllD " liubmit Ymol ~ "uw~ I> IA liiodlyalOrecan! Reco<ded Finll Plal t,lone ~ Official Zoniaa Map "aaidmeall h6-2-7 It l I> .... rRCZOIUIII) " " " bvcnl1 c......,. Plu ~6-2-1 It It I> 11,... .. OCP) " " =:-is: .... PUDand rs.-. 16-2-7 k l D ""-. --Rczonin1 v " oc, .... lrcrnpo,ary Use 16-2-14 I> " i'a -.lia l'ami ll v ,... kJnhSlcd Use 16-S-1.8 b ~ .... Clauif,auons v Zonina Sile Plan 16-2-9 p A Zoning Variance:• 16-2-16 ,/ ~ p CM/D • City M ... p, or Dnlc-(lacludlaa Ille Dnelop-t llnlew Tea•) ,c -Plaulac ud Zolllaa c--~c -City Coudl ~ • -nl of Adj-ud Appall ,/ 0 D ,/ 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 of Approval--General. Many City .eetieft& decjsjons to approve applications covered by this Title :ire 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 summarius 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 u deacnl>ed in the approved application before the end of the lapsing period-or the approval shall be of no further force and effect. 2. Extension of Approval Periods. An applicant may request, and the decision-making body that granted the original approval may grant one (I) 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 . The provisions of this Title or this Chapter must not expressly prohibit the extension; and b. The extension request must be filed in a form established by the City and include all exhibits and fees; and c . The applicant evidences that the delay in taking action under the approval was caused by circumstances beyond the applicant's control. -6- 3 yean 180 days ' • • ( An appeal from a determination to extend an approval time frame shall be made to the appeal body who would have beard an appeal of the original approval. ~-Termination of Postponed Application. Any application made pursuant to this Title which has been postponed or contjnucd for a period of one hundred eighty <ISQ) 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 n:quircd whenever a subdivision of land will require, the dedication of land for public rights-of-way, wementl, or public areas. Approval of a Major Subdivision Plat requires a two-stage process involving (1) 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, sball 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 bercby amends Title 16, Chapter 2, Section 17, Subsection D, of the Englewood Municipal Code 2000, to read as follows: l 6-2-17 : Administrative Adjustments. D. Permitted Adjustments. 2 . Scope of Authority-,All Adjustments Except Reasonable Accommodations Under FFHA. An application for an Administrative AdjUSbne.nt that is not related to a request for "reasonable accommodation" under the Federal Fair Housing Act may request only the following types of adjus1ments: a . Side or Rear Setbacks : Adjustments to any side or rear setback standard may be permitted as follows : -7- ' ·'-' .. • • C feel inches 0 0 feel fool laet fool 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: (I) 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 encroacbes 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 (S') into the ~uired front setback. (See Figure 16-2(1); A may not be greater than five feet (S'). c . 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- ' ( • • D . (2) The adjustment shall not increase the existing encroachment into the front setback; and (3) The porch shall not be enclosed. tl Ale\1 p:,..,,., .fltJf'elt: Adj11111B1e11ts -y 1,e p.miltecl te allew eeastNetiea ef aew ee ,·ered peNhes a& felle .1s: fl) The pe,eh shell aet eee,eaeh mere thall ti'ie feet (S') iBte the P9t111ired hat setllaek; and ~ The pereh shell aet he eaelesed. ~ Off-Street Parking: Adjustments of ten percent (l O"/o) or less of the minimum number of required off-street parlciog spaces, as set forth in Section 16-6-4 EMC, except such adjustment is not available for one- unit or two-unit dwelliogs uses Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter S, Section l, Subsection C, of the Englewood Municipal Code 2000, to read as follows : 16-S-l: Table of Allowed Uses. Table 16-S-1.1 below sets forth the categories and types of uses allowed within the respective zoning districts. C. Table of Allowed Uses . • PERMllTED USEC • CONDITIONAL USI! A • ACCESSORY USE Y. "'ll!MJIORAAY USI! L• UMl11!D USE -A • ACCESSORY USE APPROVED CONDmONALL Y L-A • ACCl!SSOllY USE APPROVED WT11t UMI11!D USI! OCEDURE ~- ' • • IG-.-. facllly, ,.. ~ IP .. 16-$-2 .. U ~- ~I.Mas le...., !Mas facllly, .... IP IP IP IP IP • , IP .. IP 16-$-2.A.I ~-·--... ... IP IP ~ l.n...-........ IP • k. .. bM-2.A.2 Mua,_red ._ pan , .6-5-2..U M....._.. ....... IP , • , IP • .6-$.Z..U .._u.taa o....11 ............... IP IP " , , • ~ .............. • • IP IP IP IP • 116-5-ZA.5 ~ .............. ··-lot • IP • IP IP • ir-1111 ........ • IP IP IP IP b6-$.1..U f'IJBUC/INS11TlmONAL USES IAaiauaSWler . 111.-IP , ...... IE-.....,. Teaporary ~ •.. ................. 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L • .... .. ~nae yard far vnldel, !Nl•lpant, aaterial,ud/or ~ k. • 116-5-2.D.6 iw ........... ...,orlllenp k. • IA.ate-wreddat/ i,.m..yard IC • b6-5-2.D.t C.m-dal ladaeratar C ._._ ........... IC C b6-5-2.D.2 ~ .... ......-. .. .. • b6-5-2.D.5 ,........,_wllWI, IWutelSalvaae i,...... ......... jRocyc11a,.,...., .. _ ' ..... ,,_._ IC IC .6-5-2.D.5 ...... -1, litnman Sultary oenke C Wute traalfer lladoa(aot C '8tludlapuanlNI wute) !ACCESSORY USES -Sft S«tioa 16-5-4 for addllloaal nplllllou ,iome Care A«a1ory Ulff Adlllt dtpeadeat can C-A~ A ~ A " A Acceaory to Prlaclpal Oae- ~nit Dw•W•c u ... Oaly) .,_lly c~lld can..._ t-A~ ~ ~ A ~ A • • -16- .. ,__. .... ~-A IA IA IA A ~ lo\ ~uUdcan.._ .,., ~A J,.A J,.A J ICaretuer'1 qaarter IA IA IA IA .,.......ry IA IA IA H-omapatlea A A A IA A ~ IA l~.C.I ~ llllllty faclllly (• lrA L-A J,.A lrA J,.A ..-A '-°A L-A L-A L-A Ir.A L-A 1~2.B.I ~-•flud) lotl.er A«-ry u .. 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The City Council of the City of En&lewood, Colonclo hereby amends Titl e 16, Chapter S, Section 2, Subsection A, of the Englewood Mllllicipal Code 2000, to read as follow s: 16-S-2 : Use-Speci fi c Standards . A. Residential Uses . 3 . Manufactured Home Park . b. Standards for Development of Manufactund HOIM Parb. (8)(a) Yards, Opo, Space ,f11ffaee111 ,e ~ Ala1tlljactund Home Units tllld Spacln1 of Units . (9) Distance to Common Arca. Except u provided above, distance from any expoaurc to a street pavemcat or to the edge of a common driveway, a commoa pukina uca, a common walk, or other common ar:a abaU be at !cut eipt feet (8'). For C ius A cxposme Ibis distance abaU be at 1cut ·18· t ·- • • 0 ( fifteen feet (IS'). 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 e4j1ee11t te ~ 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 Alljaee11t ~ Lots. Minimum required distances between manufactured home dwelling units, or additions thereto enclosed for more than fifty percent (50%) of their perimeters, sbal) be the sum of the required distances for the exposures involved. ( 19) Screening. Adequate protection sbalI 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, the park shall be surrounded by a fence, wall, or planting screen on all sides abutting-er ldj11eat te 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 B. The City Council of the City of EnaJewooct, Colonoo 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 Te,nporary Uses and StTMctures . 2. Farmers Market. a. Applicability. Temporary use for a farmers market that provides seasonal offering for sale of fresh agricultural "'9Mte produce, ti:uic, flqw cp, food. llld beveryp IQd arts IQd qaft items lbyt not jncllldjgs M'fr9P1-beoo f'99'00 directiy to the consumer at an open-air market. b. Standards and Requirr,,.ents for Approval. In addition to meeting the general standards listed above, all lemporary -19- t • • C. 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 t\TJe lhi,ty 11.im o'clock (~) ~ P.M. including set-up and clean-up. Duration . Farmers markets may operate -!WQ (+) ~) day~ per week per site during the period from 1-~ 1 to October 31 . The City Manager or designee may consider extensions based on seasonal conditions. Section 9. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 1, Subsections D, F and G, of the Englewood Municipal Code 2000, to read as follows : 16-6-1: Dimensional Requirements. D. Lots: Special Regulations. 2. Residential Comer Lot Regulations. a . 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 -9tPeel ~ 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 ~lock. b . Reverse comer lots arc prohibited. F. Setbacks and Yards : Special Regulations. 5 . Permitted Projection Into Setbacks/Yards. e . Porches, Stoops Decks, Terraces, and Patios. ( 1) Enclosed porches and any porch. stoop. deck. terrace, or patio greater than thirty inches C30"} above mde may not extend or project into required front or side setbacks. (2) PettM, Uncovered porches, stoops, wl decks, terraces. and ~ uee, e,ell •• with a walking IU[facc which is 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. -20- . • .,. • .. .. ,. ' • • ( ( (3) Covered (11ne11ele!MNI) porches, ~ decks, terraces, and patios aMaehed te residential d9. ellinp, mere with a walking surface whjcb 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 itt adjaeeat te .lbw a street, provided they do not encroach into or bang over an casement or a property line and the encroachment docs not obstruct sight distance requirements per City standards. Mechanical Equipment. ill Residential zone districts W HVAC condensers and window-mounted air conditioning units may be located within side or rear Rlbaw. ill AD zone districts. Other small-scale mechanical equipment may be permitted within setbacks at the discretion of the City Meager or designee 1-Handicap Access B,rnp ill Ramps dcsim for handicap access may project into any rqruirpd setback. G . Bulk 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-B-2, or TSA zone districts. The bulk plane requirements in this subsection shall not apply to structures or portions of struc:turcs exempt from the maximum height limits, as specified in subsection 16-6-1.E.l EMC. (2) Dormert..witll window(I) may partially prolrUdc tbrouab the bulk plane defined below for a maximum cumulative lcnatb of fifteen ( 1 S) linear feet, measured horizontally at the point of intersection with the bulk plaoc, and provided the vertical bcipt of a dormer window does not extend above the beipt of the ridgeline of the roof surface from which the dormer protrudes. -21- ' ... . .. • • Section 10. 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 Curb-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 sball be separated from a residential driveway located on an~~ 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 16-6-10.8. 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. Sectjop l ). 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: 16-6-4: Off-Street Parking and Loading Requirements. F. Off-Street Vehicle Parking Requirements and Design. 4 . Minimum Parking Space and Aisle Dimensions. All off-street parking spaces shall comply with the dimensions sliown 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 letten beading the columns in Table 16- 6 -4 .2 : -22 - ·=-.. ,. • t • gle • -1s• OIH to Table: idth ft) I / 13 ft. / 13 ft. / 13 ft. 19 ft. CCCII ·ve 1---.----lr·ft) 3 Center to Center overed Spaces idth ft) fTwo Row Bay with isle Between) ft) ft. ft. ft. ft. I) The first width is for standard parking spaces, and the second is for 1CCC11ible spaces ( including ICCCII aisle). See tion 1.6-6-4.G . below . · 2) If continuous curbing is provided pursuant to Section 16-6-4.F.6, "ContinllOUI Curbs," the lcnath of each full-size tall ~ abutting -49 such continuous curbing may be reduced by 2.S feet. 3) As applicable , the first width is for one-way access drives, and the second fipe is for two-way 1CCC11 drives . Section 12. 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 : 16-6-4: Off-Street Parking and Loading Requirements F. Off-Street Vehicle Parking Requirements and Design 5 . Continuous Curbs . -23- t .· .. .. • • -- 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 adjaee11t 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 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. Section 13. 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 approval of any development to ensure that it is compatible with adjacent er- fte&f-by existing uses, including but not limited to, conditions that restrict: 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; S . 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 eq1Jipment, including vending machines . Section 14. 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-B-2, TSA , 1-1 , and 1-2 districts as follows : -24- ' ... .. ,. .. , • • C. ( (J 3. Permitted Sign Types. a. Ground Signs . (I) A maximum of one (1) ground sign is permitted per business, regardless of the number of lots a single business occupies. (2) The Dl3Ximum height of a ground sign shall be twenty feet (20'). The distance between signs on~~ 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 permitted except joint identification signs. (4) Where a ground sign bas two (2) or more display faces, only one sball be included in determining the area of the sign . (5) Ground signs shall not encroach into any public right-of- way. 5. Signs Additionally Allowed. The following signs are also allowed in commercial and industrial zones subject to the conditions stated. 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 sbal1 not cover more than twenty percent (20"/o) of the window area above that specified in subsection 3(F). Wall signs sba1l 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 lbaU be limited to a two (2) week period. A maximum of six f6} short-term advertising sjgns shall be permitted per use per calendar year . ,.,_.,., ef llhe,t •- sips BIie~ e4 per eale11tlar yw. Such signs sba1l show the date of installation or display . Section 15 . The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 8, Section l , Subsection C, of the Englewood Municipal Code 2000, to read as follows: '16-8 : SUBDIVISON DESIGN, IMPROVEMENTS, AND DEDICATION STANDARDS 16-8-1: Applicabibty. C. Major Subdivisions. -25- 4• t . .. . •' • • CJ 1 . Applicability . A Major Subdivision is required whenever a subdivision of land requires the dedication of land for public rights of way, llll!lemeRt!I, 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, "Majo; Subdivisions". Section 16 The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter II, Section 1, Subsection F (b ), of the Englewood Municipal Code 2000, to read as follows: 16-11-1 : Use Classifications. F. Commercial 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. b. Specific Use Types . This category includes the following use types: (I) 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 . .+, faeili., at whieh 1,ee,, felmeRIM e11 lhe premi11es, is l,e11le4 aRd seld. The ·, el-e ef 1,eer prefteli811 ef s11eh faeili., ~ 11e1 etteeed "'e hllMNII (l~ gelle111 per•,. A facility for the production and packaging of beer fcnncntcd 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 catin&f drinking c tablishmcnt in which the principal business is the sale of foods -26- t .· .. .• • • C ( (5) •• • • 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 custome.r in a motor vehicle without the need for the customer to exit the motor vehicle . 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. Brewpub. A restaurant that included the brewing of beer as an accessory use. The volume of beer production of such facility shall not exceed 2.400 b;m:els per year. Section J7 . 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. B . Definition of Words, Terms, and Phrases. Abut and/...or Adjoim,,g: To physically touch or border upon or to share a common property line . Adjacent: BeNlefing, te11ehiBg, er al,11ttiag, 1111eh Ill ahariag a ee-ea p,epett) liBe; er, separated enly 1,y a p11hlie sll'eet, alley, er pl'i•1ate tll'ive . Nearby. but not necessarily touching. Brewpub: A restaurant that inc1udcs the brewing of beer as an accessory use. The volume of beer production of such facility shall 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 lbut not including second- hand goods) d irectly to the consumer at an open-air market. Internet Sates Location : A specific type of retail sales and service use . A retail cs tabtishment acting as a sales broker that accepts new or used goods for sale on an in ternet auction site . The establishment may be open to the general public for viewing and sale of items. Storage is limited to those items accepted for sale . Microbrewery: A speeifie lype ef feed 111d l,e;e,.1e -..iee -· ,t. feeilily at wttieh l!eer , li!ffl1e111etl ea die pre111ise1 , ia helllell 11111 NIii . The •,el-• ef hear preneliea ef s11eh faeilily fflllY aet 111.eeetl ~e h_.ell El~ gelleM per lley . -2 7- ' ... ,• • • C G - ·• • ' 0 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 f 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, e115e111e11ts, 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 previously platted into lots is to be divided into two (2) or more new lots inconsistent with the historical platted lines. (D) Adjustment of boundary line(s) between previously platted parcels inconsistent 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 defined in C.R.S. 38-33-101, et seq .• as amended. See definition of "Subdivision". Section 18. Safety Clauses. The City Council hereby fmds, 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 19 . 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 20 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflicL Section 21. Effect of repeal or modjficatjop. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance sba1I 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 incuncd 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 -28 - ' ·• .. . .. • • of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions. Section 22 . ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed on first reading on the 16th day of May, 200S. Published as an amended Bill for an Ordinance on the 20th day of May, 200S. ATTEST: Douglas Garrett, Mayor 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 , amended and passed on first reading on the 16th day of May, 200S. Loucrishia A . Ellis -29 - .. • • J For your consideration Council Bill 17 Proposed 0 . Housekeeping Amendments to Unified Development Code of the EMC May 16 • 1 •1 reading Historic Designation amendments removed form this Bill and considered separately Notice of PH published Englewood Herald May 20, 2005 REQUEST: Consider public testimony on the proposed Title 16housekeeping amendments BACKGROUND: UDC adopted in 2004 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 HAVE BEEN REVIEWED AND CONSIDERED BY. P&Z at PH on April 18, 2005 PROPOSED AMENDMENTS • THE PROPOSED AMENDMENTS o CORRECT OMISSIONS AND o PROVIDE CLARITY o PROVIDE CONSISTENCY WITH THE REST OF THE TITLE. NEW MATERIAL IS INCLUDED IN THE HOUSEKEEPING MEASURE BECAUSE THERE WERE SMALL ADDITIONS THAT DID NOT WARRANT FULL ORDINANCE PROCESS ON THEIR OWN Internet sales not previously listed • new retail sales & service use · permitted in 8·2, 1·1 and 1·2 Permitted projections into setbacks · codifies long-standing city policy mechanical equipment and handicap access ramps Lapse of approval - Sets 180 da)' time frame for termiaatioa of postpoaed cases, to preveat stale cues and potea tial clouds to laad titles ' .•' • • ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs, do IOlemnly swear that I am the Managing Editor of THE EN6LEWDDD HERALD and that same ia a weekly MWapaper pub- lished in the City of Uttleton, In the County of Arapahoe, State of Colorado, and has a general circulation therein; that said news- paper has been publiahed continuoualy and unintllm,ptedy in said County d Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said ,-.paper ia entered In the Poet Office of Utlleton, Colorado u Second Class Mall mall8r and that the laid .-a- paper ill a rwwspaper wilt!in the meaning of the act of the General ~ of the State of Colorado, approved March 30, 1923, and entitled "legal Notices and Advertiaements' and Olher acts relating to the printing and publishing of legal noticea and was published In the regular and entire issues of said newapaper, once each -., on the same day of each week, for a period of L coneec:utlve ina.tlona and that the first publication of said notice WU in the 7m~ 2005. ~tt:..: notice WU In the issue of said .-apeper dated ---- ----------· 2005. Jeremy S. Bangs ·-, l . ·-,.'.~ . .., ..;.;.. ......_, ............ .,... ........................... .., ... -.............. .. ............................... .,.....,. pr so-, ..... --c:e.a--. .... ·-............... { 11@!1 •• ..... , ............... , .. -~. . ".., .,.. .. •• • CIIW · o...11. !Ji ~ nOJ.l!ll!iJ. r •-,1U1s0 n\ ,;.;:e:-:-:~-~·1· =:1:.:-:": • ....... , .... -~ ... - t • • City of Englewood t DATE: June 8, 2005 PLEASE PRINT NAME ADDRESS • • For your consideration Council Bill 19 Proposed MU-B-2 zone district front setbacks Filling in for Senior Planner Mark Graham May 16 -1st reading Notice of PH published Englewood Herald May 20, 2005 REQUEST: Consider public testimony on the proposed Title 16housekeeping amendments BACKGROUND: UDC adopted in Feb 2004 front setbacks in the MU-B-2 zone district established at 0-5 ' 1. Based on recommendation of Urban designers 2. Create strong development edge along commercial corridors using buildings Over the past year -noted that : 1. This one standard does not work well for every situation. 2. Hardships ID 'd in 4 specific situations : • Deep commercial lots having greater than 250 ' lot depth • Existing buildings wanting to add on • Sidewalk cafe/dining situations • Drive-thru uses Council re viewed an directed stafTto prepare amendments for these 4 situations PROPOSED AMENDMENTS Affects MU-B-2 Sou th Broadway . (except Down town E Evans Avenue (Zuni to Ra ritan ); Old Hampde n (east of Logan to Lafaye tte); South side of Hampden/U .S. 285 (Cherokee to Elati); Federa l Blvd . (so uth of Chenango to Belleview); an d Co rn erstone Park which str add les Belleview e ast of Wi ndermere Gran ts relief fron t 0-5 ' setback in the 4 si tuat ions Maintain UDC intent of a strong de elopmen t edge using la ndsc ap ing. fe nci ng. entry features or oth er ~ er tical elemen ts t ·• .. • • • • - 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 HERRLD and that same is a weekly newspaper pub- lished in the City of Uttleton, in the County of Arapahoe, State of Colorado, and has a general circulation therein; Iha! aakl news- paper has been ~ continuously and uninterruptedly in said County of Arapahoe tor a period of mont than 52 weeks prior to the first publication of the annexed notice; that said ,-.paper Is enlel9d In the Poat Office ol l.Jtllelon, Colorado as Second Class Mall matter and that the said news- paper is a ,-spaper wtthin the meaning ol the act of the General ~ of the State ol Colorado, approved March 30, 1923, and entitled "Legal Notices and Advertisemenls" 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 WMI<. on the same day of each week, for a period of / consecutive insertions and that the ~=-··h d.O .2005. The~:: notice was in the issue of said newspaper dated .____ -----------· 2005 . ~~ Jeremy S . Bangs Subscribed and sworn to be~, a Notary Pub' this ~ day of Or°tf= . 2005· ~Al,~ ~ Notary Public l'UBUC NOTICE CITY OF l!NGUWOGID,COI ~ ...................... _ c..a ......... &11 ... =:-= :•, 5r:--................. ....,.,... Ill• CllrOllall Cf ; GI •life 1IICIIIDOUh .-. 7.. ··r:.dM:11:·'· -OWIJJFCP~. • , Fl r mu-.crt &1, • 11zc••-• ---.mi-.u ---.. -· IF ffl CWM.OOIP · ... TOl!ll!ll'f w1w,w nee • ranacr . .,_.r,••·,~ . . . ...................... ---"' ,._ 1111 .. ... ....... .................... . .., .. Cir ........... . .................. ....... ,,. 7 ........ .. Cllr Clllll'a aaao.: •••1,ar . ............ -......................... ... ., --.. .. ....... ,,.. .... CIIJ Counall. LI 7177 A.Rlh,alC CIIJCIIIII car•n " ,, 1-9 af I ....... I af I II, ClahlllilD 11'110 -.. z I t .· .. .. .. • • C COUNCIL COMMUNICATION Date: Subject: June 6, 2005 Front Setback Relief in MU-8-2 Zone Initiated By: Staff Source: Community Development Tricia Langon, 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-8-2 zone established in February 2004 by the Unified Development Code (UDC). • On February 7, Council provided temporary relief from the MU-8-2 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-8-2 zone with the condition that a "strong development edge" will be established near the right-of-way. • On May 16, this item was heard on first reading. RECOMMENDED ACTION Staff reco?"mends that Council adopt a bill for an ordinance amending the Un ifie d Development Code req\lirements for front setbacks in the MU-8-2 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. BACKGRO U .... ~ND ANALYSIS A front setback ~, zero or five feet for buildings or additions was established in the MU-8-2 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 ci rcumstances where the new requirement will not result in the best site design to acconvnodate, for example, vehicle circulation, pedestrian amenities, and safety. Working with the Planning and Zoning Commission in study sessions, staff ide11tified the four situations where the setback would be difficult to meet and also an approach for resolving the issue . • t • • The four situations are: 1. Sidewalk cafes 2. additions to existing buildings 3. deep commercial properties 4. drive-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, landscaping. fencing. irrigation systems, lights and other elements will be the financial responsibility of the property owner or tenant constructing and occupying a building or addition. AlTACHMENTS Sample Policy Bill for Ordinance ( '. Strong Development Edge April 19, 2005 Goal Create a strong development edge for motorists and pedestrians in the MU-B-2 zone district, for example on Broadway, in areas where there is not or will not be a building within zero to five feet of right of way. A building or a dition may not be located within zero or five feet of the front property line when it has qualified for relief from the required setbacks in the following situations: 1 . Sidewalk cafes; 2. Additions to existing buildings; 3. Deep commercial properties; 4. Drive-thru uses. · Public Right of Way The right of way area behind the curb is allocated for sidewalks, street lights, signage, bus benches, landscaping and other public purposes. The amount of width behind the curb available for creating a strong development edge in the right of way varies significantly along Broadway from about five feet to more than 14 feet. Where there is adequate right of way width of eleven feet or more, the strong development edge will be built as public improvements in the right of way by the developer. Edge Requirement for setbacks more than five feet from the right of way · 1. The minimum width of the development edge shall be eleven feet from back of curb or the width of the right of way behind the curb, whichever is greater. If the right of way is insufficient, then a combination of right of way, private property, and pedestrian easement shall be used for this purpose. 2. With eleven feet of strong development edge, an attached sidewalk shall be a minimum of seven feet wide with four feet of landscaping behind the walk. Street trees or other vertical elements (such as pedestrian and street lighting) shall be required in the four foot landscape area behind the walk and in front of the wall or fence . 3. Buildings that utilize the provisions for relief from the front setback in this section shall enhance their building with quality materials including brick or brick and stucco . 4. When less than 40 % of a building meets the required zero or five foot front setback, a strong development edge, as defined in this section, shall be provided. 5. Applicants that utilize relief from the required front setback may take advantage of alternative compliance provisions of the landscape ordinance. 6 . Blo ck corner featu re s and entrance features especially on large commercial sites are encou ra ged . t • • Strong Development Edge 7. A rhythmic row of columns, trees, lights and other vertical elements greatly contribute to a strong development edge and are encouraged. 8. Materials that tie the front property line with the building are encouraged. Setback of 5' -10' The four foot landscape area behind the sidewalk shall include a wall, a metal "Englewood" style open fence, or combination of the two. The wall or fence shall be a minimum of 24" high and a maximum of 36" high. The materials of the wall may include brick, concrete, or stucco. Other vertical elements such as trees or lighting may be installed with approval by the City. Pedestrian light When lldlM*II ID parlclng or dlMt lane. wall ahd be lolld. When adj-,i Iii dilplay UNS IUCh • auto deallll'I. raiHng maybe open. 7' --,,. Minimum edge hltfmenf when bulld1111 la Mt Ndr 5' -10' 2 • • Strong Development Edge Setbacl< Greater than 10' Where the development edge is greater than 10' behind the right of way, an additional 5' of landscape behind the low wall or fence is required. Pedestrian light When .ii-,! ID perlclng 0( drlw ,-. wall ahall be aolld. When~IO dilplay -sueh. auto dealers , rdtng maybe open. 3 • • "' ·• • • 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-B-2 zone district; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section I, Subsections 8 and C, of the Englewood Municipal Code 2000, to read as follows : 16-6-1 : Dimensional Requirements . B . Summa ry Table of Dimensional Requirements for PriM ipal Uses and Stru ctures . All principal structures and uses shall be subject 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 floor area arc 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- ' ... ,, • • i .:. ~, ' .~ -~ . ' • .r . l£ ';/ -1-C Dlltrld (See Addltloul Replad-Fellewlq die Table) • t ••SmallLat (J. C ' ,OOlperult u~••lt .... ,IOI per ult Nlper•ut 51perult .... • • ,-ult per ult 51 fflcleacy ud/or •BRHlt: 651 ·BR ult: 75' BRHlt: 951 ac• addltloul R: 111 ' • • • • .. ( "10-B-t District 1Emc1eacy: SN Multl-Ualt DweWq -It-BR anlt: 658 11 ud no more lllu 5 None 12-BR Hit: 751 None N-It .. II 15 1Eac11 at1d1t1oaa1 Ire. ' IBR: 110 ,\II Olller Permitted Prbadpal u-N-N-N-N-IHI ludaomorellluS I 5 l'eet -.. ~-B-2 District I - L\11 Permitted u-I'{-I'{-N-N-61 tud 1111-re .... s reet • 5 ill IJ"SA District l ,.,_. refer to Sa:IIM 16-+U BMC, oftl,b 0..,... m th opplkobk Stollo• Al'ff St..ar6 ""' G.U.U.O "or l11t•,uity ""' tllMowo•ol _ _. - ' 11-1 ANDI-l .. '"-0 ~ --.,..., i..o-,.,. or Ir ~ to • ftU PnrrilttH U,a £,«qi N-Mala-FAit: 'rv-""-"'- _6frid,..__ ~•1111/oc111ru Bo•• Pora Z:1 NIINCbllflljtMd ... _ ,;::::::, ... -nplrotl "' ,_ IU-1-f-"S--. If-S«dM 11-S-l.A.J, ..... . ~u11/gcu,,u n-· hrb • • ( ~·o,a to Tabl•: ) -6- ) 0 1/ TM minUt111m ,ide st/bock stated in this table for on.-111111 ottoclitd and multi-unit dwellinp shall apply to tlie tnlire lllng structMre, and not to tocll Individual dwelling unit locottd in tlit Jtrvc111/'e. '2/ Tlit minUt111m side sttbocl: standard for principal ruidtlllial dwelllnp 11, tlie ruldenrlol (R) zone dl.ttricu, a., stated his Tobie, slloll apply to Juell dwelllnp tl,ot al.tied on tlit Efftctlw Date of 1111.t rule. Huwever, principal rtsidtntlal tilings ui.rting on tlie Efftctlw Dote of tlil.t rut., and wluclt OJ of dtot date on not in co,nplianu witli tlit minimum side ttbocl standards tstablished In thi.r Tobie, shall not bt considtrtd nonconfomtlng 1truclllrts dw solely to tloe dwelling'• ncmnpllonct with tlie minim11111 1ide 1etbock. Suell dwelll,p on "grondfotliend, • and 11,al/ be couldertd legal, nfonning structures for the purp<nts uf sole and tkveloplMltl under tlil.t Tille and olhtr City building and 1ofety gulotioM. See Stet/on /6-9-3 (Nonconforming Structuru), below. 3/ TM mu,""""' stporolion bttwun principal buildings located on tlit some or odjoiJilng lou, wAetlier or not tlie lots on r tlit 1ome ownenlllp, slioll bt f,ft«,, fut (15?, 4 See Section 16::6: I .c for addjtiopaJ d.imcmiopa) lllo4en1t appropriate Jo 1he 7.0JIC di,trict, C. Additional Dimensional Standards fe~ ~Mitlertlit,I IN"'•· 1. R-1-A District. Where a lot has 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 ~ediatcly 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 OD said lot, except that the width shall in DO case be less than sixty feet (60') and the area not less than seven thousand two hundred (7,200) square feet. 2. R-1-8 District. Where a lot has a width ofless than sixty feet (60') or an area of less 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 COllltructcd OD said lot, except that the width shall in DO case be less than fifty feet (SO') and the area not less than six thousand (6,000) square feet. 3. R-1-C District. Where a lot bu a width oflcas than fifty feet (50') or an area of less than six thousand (6,000) square feet, and is in 8cpll'8te and different ownership from any lot immediately adjoining u shown by the last recorded sale at the time of the effective date of this Title, a one-unit detached dwelling may be constructed OD said lot, except that the width shall in no case be less than thirty-seven feet (37') and the uca not less than four thousand six hundred twenty-five (4,625) square feet. 4 . MU-R-3-8 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 existin& structure converted to accommodate a permitted nonresidential principal use on a lot having less than twenty-four thousand (24,000) square feet, provided the permitted convcnion complies with district residential -7- t .. ,• • • ( ( ·• • • 0 design standards and required off-street parking and landscaping requirements. MU-B2 District. Relief from front setback requirements set forth in Table I 6-6-1.1 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 Jots with more than two hundred fifty (250} feet of commercial roning and Jot depth. ~ Drive-thru uses. ~ Outside dming. 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. Severabjlity. 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 [Cl)eal or modification. The repeal or modification of any provision of the Code of the City of E~glewood by this Ordinance shaµ 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 pen a lty, 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- ' .• • • ) Section 6 . .&ultx. 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 fll'St reading OD the 16" day of May, 200S. Published as a Bill for an Ordinance OD the 20th day of May, 200S. ATTEST: Douglas Garrett, Mayor 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, introduced, read in full, and passed OD fint reading OD the 16th day of May, 200S. Louc:ri11ua A. Bllia -9- t . .. .. ... • • • City of Englewood AGENDA ITEM DATE: June 6, 2005 PLEASE PRINT NAME ADDRESS • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: ·-.. , .. r ·, June 6, 2005 "I~ .,. Historic Designation Initiated By: STAFF SOURCE: Community Development Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION On May 16, 2005 City Council considered the first reading of Council Bill No. 17, proposed #housekeeping# amendments to Title 16: Unified Development Code (UDC), which included repeal of 16-6-11: Historic Preservation and adoption of 16-2-20: Historic Designation in its place. During the discussion, Council voted to remove section 16-6-20: Historic Designation from Bill No. 17 and consider it as a separate Bill for Ordinance. Council set a Public Hearing for June 6, 2005, to consider public input on 16-6-20: Historic Designation, which has been identified as Council Bill 20. REQUEST Staff requests City Council consider public testimony during Public Hearing and approve the repeal of 16-6-11: Historic Preservation and adopt 16-20-20: Historic Designation in its place. BACKGROUND With the City's acquisition of the Skerritt House in 1999, City Council requested exploration of how to preserve other historic landmarks within the community. The result was the adoption of 16-6-11: Historic Preservation . The ordinance allowed designation of properties with no restrictions attached to the designation . Since adoption of the ordinance, five applications have been considered: three approved, one withdrawn by the applicant, and one postponed by Planning and Zoning Commission until proper posting could occur. As written in 1999 the ordinance contained ambiguous provisions regarding the application and nomination of historic str uctures and districts. Section 16-6-11: B stated that a property owner shall file an application, while Section 16-6-11 : C stated that a nomination for designation may be made by the Commission or citizen filing an application with the Commission. This issue was identified when a citizen filed an application to designate the Commercial Federal Bank (4301 South Broadway) without agreement of the property owner. The application was postponed by the Planning and Zoning Commission for incomplete property posting because a sign noticing the Public Hearing had not been posted on the property. Following public commen t during a Council meeting, Council directed staff to conduct a community meeting to gather input on Historic Preservation issues raised in the bank property case. The meeting was held on February 23, 2005 and the findings were presented at a study session on ' .. • • April 4, 2005 . At that t ime Council directed staff to prepare amendments to the Historic Preservation regulations that: 1. eliminate the ambiguity of multiple terms by using a single term: application, 2. specify that application shall authorized by the property owner, 3. do not place development restriction on designated properties, 4. move the regulations to Chapter 2: Procedures, and 5. format the regulations to be consistent with the rest of the UDC. ORDINANCE OVERVIEW The proposed amendment repeals 1 ~ 11 : Historic Preservation in its entirety and replaces it with 16-2-20: Historic Designation in order t o move the regulations to Chapter 2 with other UDC procedural processes (Directive #4, above). Under Chapter 2 the regulations have been rearranged to match the format of other procedural processes in the Chapter (Directive #5, above). This format uses the term application (Directive #1, above) and states that a Historic Designation application, like all other development applications, may be initiated by parties identified in Section 16-2-3A (Directive #2, above). Finally, no development/demolition is addressed in this amendment Directive #3, above). Section 16-2-3 : A states : A. Authority to File Applications. An application for review or approval under this Tide 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 authori zed 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 type of application in this Tide. LIST OF ATTACHMENTS Bill fo r an Ordinance • . 4 • ( ( ( ORDINANCE NO. SERIES OF 2005 •• • • CJ BY AUTHORITY ABILLFOR COUNCIL BILL NO . 20 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 1999; 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 provide consistency with other Unified Development Code processes; and WHEREAS, the Englewood Planning and Zoning 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 Englewood, Colorado hereby repeals Title 16, Chapter 6, Section 11, Historical Preservation, of the Englewood Municipal Code 2000, in its entirety . Section 2. 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- Purpos e Ibis Sectjon designates hjstorjc areas and landmarks {or the educational cultural and economic benefit of Enslewgod citizms Due to variom Pressures that mav result in the destruction imoainnent or alteration of historic resources that reflect elements of Euslewgod ·s cultw;al and architectw;al heritase it will be the oolicv and resoousibilitv of this Section to; l -Desi gnate buildings structures sites and arw that uc csmiuders ofr,ast gas ev ents and nersonlsl imoonant in local state or patigpal historv which Provide si gnificant examolss of vchitectyral stvles ofths PNL are ledmackl in tbs histocv of architectw;c, which are uniaus or iITFPlaccable wsss to the Citv and its neigbborhgods which oroxidc for this and fuDKC BEPCOYions sxameles of the obv sical suqouodiogs in which oast ssnerations live4 or which are ' • • - i. . 11 sjgnjficant. b 'Jdjngs structures, """""'""" . .. for, ... JI+. . ""'"'"''"' ---· 1e sux1ronn1__ ~ d1sbngms ---majntajn the APPC9P!'IA archjtectµral styles !!!!... Develop and h · ch reflect vaned dareas w, . · sjtes an . . · 6 ant or hastonc -pod's hastory . · rurally sagnu --Englcw · ofarchllcc_ . d vreservataon --the nrotecuon an Encourage --. · th narties ~ctures or 41stncts . be initiated byosc ----. . sjgnatmn may --. · for H1stonc Pe _ ' 11. · An •PPh .. l!m MC ho ·,,u lniff-.-· 16-2-lA'-· . bl~bwma • . · fi d m Sect10n --. r reauarcd RY ---1dentu_ -. bli shed notu;e 0 -- 1 eau1re that PU .... · Too Cilx wi 1 -23 o, · · 10"" Nouce_ 'th scctjon 1§--1 -fi the apphcatton -. . R1,n,,w1_ -· d"" IL'! --of UI m ""~ . m ooJifllum Nb hall PJCWR I~ ,II . The c;tv shall re~aew ~e ! and comromts "1 sAcopy of the report sh '"' c. .. qty Bwew ncy for 1\S rexas . . and Coupe . Department w age . by the cowm1ss1on E. · · n Renew, · fon and wa · annhcaqon CpmmfW1L . . rwwum1L . . l!mli"'"911 • ·o1m · h d cnteaa d Hastonc · val the estabhse _. the propose__ th Couped APPCSL_ d a publjc hean~g ?0 di recommend to .e f. Q. Limitation ea. ResubC'tv Council dcme~ a P% same for at least ope< issmp or 1 bstanually e · li, · h II use the . . . and Couped u iJiJ<liij. . .• Tho em.,..... gqljmjg ... or Pastnc · d · structure An Bu.iJdjng.s ~:V~~!~!rmjne whe~er I bud mg foUp wmo '"'\ilPiis ,ignjfi""'' . fo( Mlctll fjfty hil"'"'I W I Jm ill CNll9" Im jp •w whicli ...,, gwg bus . · gs or structures . joritv of stru addjtjon, such Onlvbyddm . ..,.iPwJw;hU!slPI llsllcoi-ln . -· cso} years or 4as fifty cso} years may of the ronowmg ti I least a) meet ope '3ilJcASS Al L PUliallici-.JO . . !lilJriq wbjdJ •· "°"""' dyp1 r wa m, . . of-WJ Uis "-• . rure or a wa12aiY ,imiQGAPI to • • l a. w a.kliildmg, struc . to cyepts or pcnops e coooecu on has som -.. ( ill w ·• • • \ ----. t_j the Citv of Eoslewogd Arapahoe Countv the State of Colprado or the Yuited States· or A building sqyctw;e or a group of sttuctures within a district which embqdies distioguishios characteristics of an architectyral tvne inherentlv valuable for a studv of a pgjod, stvle method of cousm,ction or of indi@enous materials or qaftsmao,hio· or A building suvcture or a group of squctw;es within a district which exemnlifies or reflects the brpad cultµral oolitical economic or social historv of the Citv of Enslewgod, Arapahqe Countv the State of Colorado or the United States· w Those buildioss structµres or distticts within the Citv that are listed in the NatignaI Register of Historic Places shall he cousm as havins met the above criteria. ~ Dhtticts The Commissioo Md CoYPcil shall use the following additiopal criteria to determine whether a district has architectµral or historic significaqce · 1. Significance is detenninesJ bx IPPlxins the crim of subsection 1 of this Section to the vattemCs> and unifvin@ elemeut(s) 12. Nominatjons will not be approye,t unless the APPiication coptains wriUFP APnroxal from the owners of at least twP:thirds C2/3l of the properties within the disttict bpundatjg. ,. Prooenics that do not conWbute to the sigpifiGAPce of the historic dismct mav be included within the bpugdarjes so Ions as the nopcoptributjng elements do not poticpablx detract fi;pm the dispjc(s sense of time place; apd histqrical dexelonment N9P@ntribytiruz elRPEPts will be evalYIUi4 for their magnitude of impact bx considqipg their size scaJe design Jgcation and/gr inf ormatjon ootmtial st. District boYPdaries will be defined bx visual chAPKEI historical documentation of different associations w pattems of development or evidence of chaoses in site type or site densitv as establishM thrgugh testing ~- '4 When disWcts arc designated aonlicable design suidclioes and other aoorooriate resmctions max be iucludcd u PAO of the dcsignatjon !. The disttict could he exemm from the ass sWHkeaJ if the other simificant criteria ace found excg,tignallv importapt Section 3. 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 prese rvation 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 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section S. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc 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 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, IIUiu, pro«:e:diogs, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and passed on fint reading on the 16th day of May, 200S. Published as an amended Bill for an Ordinance on the 20th day of May, 200S. Douglas Ganett, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, amcodcd and passed on first reading on the 16th day of May, 200S . Louc:risbia A . Ellis •• t .. • • Council Bill No . 20 Amendments to Historic Preservat ion Repeal of 16-6-11 Adopt 16-2-20 in its place Issue considered at 151 reading on May 16 as part of UDC housekeeping amendments. Historic Designation amendments removed form those amendments and considered separately Notice of PH published Englewood Herald May 20, 2005 REQUEST: Consider public testimony on the proposed amendments pertaining to HD HISTORIC PRESERVATION 1999 Historic Preservation ordinance established Method to designate landmarf<s and districts No restrictions for alteration or demolition attached to designation 2004 Ambiguity issue identified -application -nomination Specifically: who had authority to initiate an application 2005 Council directed staff to conduct a community meeting Feb. 23 community meeting April 4 findings presented at study session Council directed preparation of the amendments Ambiguity of terms Application Application by property owner Reiterated that no restrictions affecting alteration or demolition Reformat for UOC consis1ency -move regs to Chpt 2 (Procedures) t • • Per Council's directions Proposed Amendments Moves the Historic Designation process to Chapter 2 Reformat text to match other procedural processes of the UDC Clarify ambiguity in use of: application & nomination. Application - Provide consistency with all other UDC procedural applications re who can initiate an application 1&-2-3A 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 type of application in this Title. ,. t .. .. • • THE EN6LEWOOO HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Jeremy S. Bangs, do solemnly swear that I am the Managing Editor of THE ENGLEWOOD HERRLD and that same is a weekly newspaper pub- lished In the City of Littleton, in the County of Arapahoe, State of Colorado, and has a general circulation therein; that said news- paper has been publilhed continuously and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said ,-apaper is ent8'9d in the Poat Office of l.ltlleton, Colorado as Second Class Mail matter and that the said MWS- paper Is a newspaper within the meanlng of the act of the General Aaaembly 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 ,-spaper, once each Wffk. on the same day ol each week, for a period of _j_ conaec:utive inseltlons and that the first publcatlon ol said notice was in the -~do.-The:: of said notice was in the issue of said iwwspaper dated -----------· 2005. ~~ Jeremy S . Bangs PUIIUC NOTICE CITY OF ENGLEWOOD, COLORADO ..................... ca, Coalll at-. Cllrfll II II a., Ccllaladll, ................ .......... ........,_c...l .................... NOpa. In .. Cllr Cllillllf.Ct t "' ln&k d Clllla Clar, 1111!1 llat& &d.....,,1& 11 "'37 .. a• a..-... ._....GP.fflU W.CIMPIIIII, IBlfflllfM -V I ffll.a .............. -• n••-•nn -.IIY'Tle-lWWWA-la:'IIDNa,---...-.c 12111~---·LNO. ., ' ...................... ..... Ill ....... -llldlllo ................. ~ ....... "' ... -Cl&IIL--..... OIi ........................... ....................... ... _ Clallfa,-----............ ,,· .. ......................... .... . Ii, ......... Md tJ-.. ca-a. . --.. I l&IJliA..ala,lal: mi,aa. .· aa,o1a or ,., ...... ......, I at ad, Celalaaat10 '. ~, • • ' 'I• ' . .. . .. • • ( 0 COUNCIL COMMUNICATION Date : Agenda Item: Subject: June 6, 2005 11 a i Ordinance to Increase ET AC Member and Officer Terms Initiated By : Staff Source: Englewood Transportation Advisory Committee Rick Kahm, Director of Public Works, ex officio COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinance No. 65, series of 2001, establishing a transportation advisory committee for the City of Englewood. RECOMMENDED ACTION Staff recommends that Council adopt a bill for an ordinance increasing member terms for the Englewood Transportation Advisory Committee (ETAC) from two years to four years, and to increase officer terms from one year to two years . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Transportation Advisory Committee (ETAC) was established in 2001 as an advisory committee to City Council for the purpose of gathering citizen input, reviewin& monitorin& and making recommendations to City Council regarding transportation issues in the City of Englewood. Currently, ET AC members are appointed to serve two year terms; officers seNe terms of one year. ETAC members believ e that four year terms would be helpful in facilitating the completion of projects that could potentially be lengthy, and would provide more continuity in transportation projects with which the committee deals ; likewise, two year officer terms would offer the same benefits. On January 13, 2005, ET AC unanimously passed motions to increase member and officer terms . Discussion continued for several months regarding the possibility of also increasing the number of members from five to seven. Ultimately, ETAC members rejected that proposal, believing it would not benefit the committee at this time. FINANCIAL IMPACT There is no financial impact LIST OF ATTACHMENTS Bill for an Ordinance ' • • ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY 0 n ')..__). AN ORDINANCE AMENDING TITLE ~?cHAPTER 12, SECTIONS 3 AND 6, OF THE ENGLEWOOD MUNICIPAL cdoE 2000, PERTAINING TO 111B TERM OF THE TRANSPORTATION ADVISORY COMMIITEE. WHEREAS, the Englewood Transportation Advisory Committee (ET AC) was established with the adoption of Ordinance No . 65, Series of2001; and WHEREAS, ET AC was established as an advisory committee to Englewood City Council for the purpose of gathering citizen input, reviewing, monitoring and making recommendations to City Council regarding transportation issues in the City of Englewood; and WHEREAS, increasing the term limits from two years to four years and increasing the ET AC officers term from one year to two years would facilitate the completion of projects that could potentially be lengthy and provide more continuity in transportation projects with which ET AC deals; and WHEREAS, the Englewood Transportation Advisory Committee unanimously passed motions to increase member and officer terms at their January 13, 2005 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 12, Section 3, of the Englewood Municipal Code 2000, to read as follows : Chapter 12 TRANSPORTATION ADVISORY COMMITTEE 2-12-3 : Terms of Members. Members will be appointed to overlapping terms of~~ years. The City Council shall make appointments to fill vacancies for unexpired terms . Section 2. The City Counci} of tbe City of Englewood, Colorado hereby amends Title 2, Chapter 12, Section 6, of the Englewood Municipal Code 2000, to read u follows : 2-12-6 : Appointment of Officers and Adoption of Rules . A. The committee shall organize, adopt administrative rules and procedures and elect from its members such officers u it shall deem necesaary to accomplish its purposes . Officers of the committee shall be elected for a ~ ~ year term. No officer shall serve in the same capacity for more than two (2) con ecutive terms . ' . .. .. • • B. The Chairperson may appoint such standing or special sub-committees from the membership of the committee as the committee shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each sub-committee shall be determined by the Chairperson. Section 3. 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 4. Seycrabjljty. 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, sach judgment sba11 not affect, impair or invalidate tbe remainder of this Ordinance or its application to other persons or circumstances. Section 5. Inconsistent Ordjpapces. All other Ordinances or portions thereof inconsistent or conflicting w ith this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of [CJ!CAl 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 pcoalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held IS still remainina in forc:c for tbe purposes of sustaining any and all proper actions; Nits, procccdiop, and prosccutiom for tbe enforcement of the penalty, forfeiture, or liability, IS well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedinp, or prosccutiom. Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC sball apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of June, 200S . -2- .• • • Published as a Bill for an Ordinance on the 10th day of June, 2005 . 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 6th day of June, 2005. Loucrishia A. Ellis -3- • • (( (. ( 0 COUNCIL COMMUNICATION Date Agenda Item: Subject: June 6, 2005 11 a ii Amending an IGA between the City and Arapahoe County Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council passed Ordinance No. 62, Series of 2003 authorizing the execution of an Intergovernmental Agreement (IGA) for the Federal HOME Investment Partnerships Program with Arapahoe County to support the Housing Rehabilitation Loan program. Council passed Ordinance No. 7, Series of 2004 authorizing Amendment No. 1 to the Intergovernmental Agreement for the Federal HOME Investment Partnerships Program with Arapahoe County to support the Housing Rehabilitation Loan program. RECOMMENDED ACTION Staff recommends that Council adopt a bill for an ordinance approving Amendment No. 2 to the Intergovernmental Agreement for the HOME Investment Partnerships Program between Arapahoe County and the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Arapahoe County receives federal funds through the HOME Investment Partnerships Act program. These funds provide grants to non-profit agencies, housing authorities, and local governments to pr[marily provide decent affordable housing to low and moderate-income households. The City of Englewood was approved for an original $100,000 grant to provide loans to eight (8) income eligible owner-occupied homeowners to finance the costs of their major household repairs. Amendment No. 1 increased the total amount to a $150,000 grant to provide loans to 13 eligible homeowners. Amendment No. 2 modifies the IGA as follows : a. Increases the amount of the grant from $1 50,000 to $300,000 b. Increases the number of projects to be completed from 13 to 25 c. Modifies the budget to reflect these changes ' ... . • • • FINANCIAL IMPACT The existing employees in Community Development Me ~dable to administer the project and their salaries and benefits are part of lhe City's contribution. UST OF AITACHMENTS Bill for an Ordinance ,. C. ( ORDINANCE NO. SERIES OF 2005 BY AUTHORITY A BILL FOR D . AN ORDINANCE APPROVING AND AUTHORIZING AMBNDMl!HT NUMBER TWO TO THE FEDERAL HOME INVESTMENT PARTNERSHIPS ACT ,AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OP ENGLEWOOD, COLORADO. WHEREAS, the United States Government, through the National Affaniable Housin1 Act of 1990, has established the HOME Investment Partnerships Propam and bu allowed each state to elect to administer such federal funds, subject to certain CCIDditions, for decent, safe, sanitary and affordable housing; and WHEREAS, Arapahoe County has elected to administer such federal flancb; and WHEREAS, the Englewood City Council passed Ordinance No . 62, Series of 2003 authorizing the execution of an intergovernmental apeement for the Federal HOME Investment Partnerships Program with Arapahoe County for $100,000 to support the Housing Rehabilitation Loan program; and WHEREAS, Englewood City Council paued Ordinance No. 7, Series of 2004 authorizing Amendment Number One to the interaovernmeatal ....... lot lbe Federal HOME Investment Putnenhips Act with Anplboe CCMlly for • additiCJul grant of $50,000; and WHEREAS, the City of Englewood bas been awarded ui additimal ..... of S 1,0,000 increasing the total grant to SJ00,000 to provide fundin1 for ill low and _,_... income homeowners for rehabilitation of at least 25 sinJle-family, owner-occupied homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Am ndment Number Two to the HOME lnveslmeal hnncrsbips Program , attached hereto as Exhibit.A, is hereby accepted and approved by die Englewood City Council. ~ 2. The Mayor and City Clerk are aulborized &o uecuw ad IMd Agreement for and on behalf of the City of Enalewood. Introduced, read in full, and passed on first readutc on die Mt. da)' of NM, 200,, -1- ' • Published as a Bill for an Ordinance on the 10th day of June, 2005 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, beRby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on tint reading on the 6th day of June, 2005. Loucrishia A. Ellis -2- ( ( AMENDMENT NUMBER TWO TO THE HOME INVESTMENT PARTNERSHIPS ACT AGREEMENT SUBGRANTEE: CITY OF ENGLEWOOD PROJECT: 2002 HOUSING REHABll.IT A TION This Amendment is made by and between the City of Englewood (SubGnntee) and the Board of County Commissioners of Arapahoe County, Colorado (County). WHEREAS, the SubGrantee agreed to complete the project known as Housing Rehabilitation, and entered into a HOME Investment Partnerships Act Agreement (Agreement) with County, dated October 2, 2003; and WHEREAS, the County and SubGrantee would lib to modify the project goals and budget in order to reflect an increased funding amount available to the project; and WHEREAS, the SubGrantee hu requested a waiver to the maximum HOME investment per house specified in the County's lead based paint policy for housing rehabilitation projects. NOW, lliEREFORE, for the mutual consideration of the parties, the receipt and sufficiency of which are hereby aclcnowledged, the County and SubGrantee agree to increase the tolal project funding amount by an additional $150,000 .00 to $300,000.00. The County and SubGrantee further agree that the project quantifiable goals shall be as follows: The SubGrantee will provide below market interest rate loans to twenty-five (25) income eligible Englewood homeowners for the purpose of home improvements. Specific rehabilitation activities ftmded by the program may include (but are not necessarily limited to): plumbing. electrical, l'llllpS and olber l!CCellibility modifications, roofs, sttuctural work, and other activities relared to health, safety or code compliance. All improvements funded under this grant are to be performed in compliance with applicable local or industry codes and SIIDdards. The County and SubGrantee also agree that the total amount of HOME funds used to assist a single home under this project may not exceed $24,999. This amount includes any HOME funding used for project hued administtauve expenses. The County and SubGrantee further agree that the project budget 11t11:hed to the original Apeement js considered null and void, and the budget altlched hereto is now in effect under the terms of the Agreement. ' All other tenns, conditions and sections of the original Agreement and the County's policies relared to lead based paint mitigation not inconsistent with this Amendment are reaff'umed and incorponted herein by this reference . In Witness Whereof, the Parties have caused this Amendment to be duly executed this ----day of ___________ __.,2005 . f A Subgrantec: City of Englewood Signature:,_~---,~---=~--:-:----------Douglas Garrett Title:. ____ Ma....;..::y~o_r'----------------- Board of County Commissioners Arapahoe County, Colorado Rita A. Pollock on behalf of the Board of County Commissionen Pursuant to Resolution #040483 ATTEST Loucrishia A. Ellis City Clerk ,,' .. ' • • ( PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND l'Njld Aah4lla ~T-C..11 CNGr..11 a.. ...... c....... (....,,.., ...... , MM, • .1.1 · · awap-. SI00,000 SJQ,000 S,0.000 251 1111'1 ' . .,_ S420,000 S'Z70,000 Sl50,000 TOTAL: SSl0.000 S30D,OOO mo.ooo ~ ~Tffl. SERIES OF 2005 -- ·• • BY AUTHORJTY 0 0 COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 16, CffAPTEJl 6, SECTION 6, OF TIIE ENGLEWOOD MUNICIPAL CODE 2000, WlilCH 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 bearing 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 nonconfonnities 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 11fE CITY COUNCIL OF 11fE CITY OF ENGLEWOOD, COLORADo, AS FOLLOWS: Sectjon I. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 6, Section 6, of the Englewood Municipal Code 2000, to read as follows: 16-6-6: Fences~ and Vis11el RlffieR Retajnjng Walls . A . Purpose. The following provisions establish standards to regulate the design and location of fences,-wtt119; and vis118l l111rl'i81'9 retajnjng wall~ in a manner that ensures the following : I . An attractive environment of safe, desirable character; 2 . Reduced potential for pedestrian or traffic conflicts; and 3 . Protection and security for the owner and adjacent parcels. -1- ' • • ~--· 0 . B. Applicability/Permit Required. I. Applir.ability. a. This Section shall apply to all new fences, walls, er 1111d Yilftlti Ml'fi8flt retajnjng wans erected or installed after the effective date of this Title. b . This Section shall apply to all fences, walls, er 1111d 'lisual l,arriePS retaining walls existing on the effective date of this Title. Nonconforming fences,-welle, and ltsual "8RiePB retajnjng .walls shall be subject to the termination and other provisions applicable to nonconforming structures stated in Chapter 16-9 EMC, "Nonconformities." 2· For the purpose of this Section,. the term "fence" shall also ioclude any visual barrier. as defined by this Title. 2. Pcnnit and Zoning Site Plan Required. a. ZeBHlg Site Pl8B appre, al is f8111Hl'N fer all aew fwes, Ytialls, er wisual llarriePB ereeted er iRMBlled after the effeeli'le 11811 ef this :r~ A Permit and a Zooiog Site Plan review 1111d approval shall be required for: Construction of all new fences or waining walls erected or iostalled after the Effective Date of this Iitle. Replacement of more than sjxteen feet (16'} of existing fence. Replacement of all or any portion of an existing retaining wall. Alteration or modification to the height material or location of an existing fence or retaining wau . Alteration or modification of an existing fence or retaining wall affecting sight djstapcc. ZeBHlg Site PIM l'B'liew 8Bd appre•,al i1 f94111H'8d fer 1111y 11111!11Mlial al1eraliea1 er lllp8ftflie111 ef • l'eaee, 11 all, er •lillllal Nlri• lhal e11isl8 ea lhe effeeli Je d8le ef lhi1 +ille. Fer pwp e111 ef lhie slli,seetiea "svl,alalltial alteraatiea er 111p11111iea" 111-eilh• (l) lhe raplaeemeat ef all ef 1111 eltilllill1 r.ell'wall,lltllllal llanw, er (;i) ee111ple1t repaiPB te • •illifta r.,..,811,(\,i..& i-ri•, itiel:Jdia1 11111 -2- ' ... ·' .' • • ael limited 1e, ,epleee-• er releeatie11 et a aate, ,eplee-• ef 111t elllire 188"811 ef MMe l,e1we811 pelte, ,eple,_1111 ef all NIIIH pielllll, all replee-.t er relaeaae11 ef eerMr er gate fe11ee pelll. "Gemplell ,epair' "e11lll 1ypi..Uy 1181 iaelllde 1impl1 ,epaire 1111elt 11 ,epl••-• ef illlli'Jidltel piellell, er ,eplelellllBI ef pe111 ether thlllt ee111er er getepeall. A Permit and Zoning Site Plan =~~~ c. An applicant may epply for 1.oning Site Plan approval according to Section 16-2-9 EMC, "Zoning Site Pim Review: above . ~. Maiulm1oce: All fences ml Rllioing walls wll be kept io • state or good ~ G g. Visibility: Sight Distance Triangle. The City Traffic Engineer shall determine compliance with sight distance standards in comiection with all permit applications and shall be authorized to vary these s1andarda depending OD site conditions. 1. Street/Street Intersection Sight Distance Triangle. No fence, ..... ether 'Ji!Nel l,urier visual obstruction or Dl!lioiog wall over three feet (3') in height above lbc grade of the adjacept $ff$ shall be aec:t.ed, placed, planted, or allowed to grow that obstructs the view of pedestrians on tbe sidewalk or obstructs the traffic vision at intenectiona. 'Ate Gily 'Fta8ie easia•er shell ...._e llll'lelllllreel ialeneRi111 1ipt ..._ .. IIUlllsle ,..._ ... "··· 811 lite 1111lliliw. -3- 2 . Street/ Alley Sight Distance Triangle. No fence visual obstruction gr retaining wall over three feet (3') in height above~ grade~ adiaccnt street or alley shall be permitted within the twenty-five foot (25') sight distance triangle created at the intersection of an alley and street. Said triangle is measured from a point where the curb line and the centerline of the alley meet. The distance from this point shall be twenty-five feet (25') along the street curb line ("8") and twenty-five feet (25') along the alley center line ("A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle. Figure 16- 6(5) shall be used to dmrmine cross-comer visibility at streets and alleys. Figure 16-6( S ): Street/ Alley Sight Distance STREET/AVENUE POINT OF INTER8ECTION ______ a_ ! __ a ____ _ A-C.. ,.-, Line, ,.....,...(21')1Nt 8-curt,h,......,. ""8(251fNl AU.lY l ~-Gm.ge e11lflllleel,\lle, Sipt 9itten,,e 'Ffi-.&1. Ne ........ allllNeeiaa ever three feel (3') i111 heipt alN,, 1 pN1 shn'I l,e , .... wiebia Ike ei• feet E6') aight clialMee tri•al• erNtN at Ike .._.,eeiaa ef a ...... 111lfllllee •d .Ue,. FipN 16 fiEfi) nhnJJ lie 111111 ee _._.., Ike lilillilit, el d,ivewaya Md alll'JI . -4- t • • Flpre 16-6(6): (RESERVED) 4-i . Driveway/Street Sight Distance Triangle. No visual obstruction over three feet (3') in height above grade shall be permitted within the ten .re. _&g (10') sight distance triangle created at the intcncction of a driveway and street. Figure 16-6(7) shall be uacd ,to determine the visibility at driveways and residential streets . When no sidewalk exists, the sight triangle shall be determined by the City Traff1e Engineer. -s- • • Figure 16-6(7): Driveway/Street Distance Triangle ' / , ' )( • t ' ~ ~ ' ........ ' b} lleqund ....... 8ighl TnallQle -6- C ( ~-~ Classijicatio~ Bf Fettee11, Wa/ltf •"" Jlu1«1/ S.mt!f'IJ . A single unified ~ style fer fe11ees, walls, 111d ·1islllll 1'emefl is encouraged. Classification of fences, ~ alls, aed ~ i-1 Nl'fiefl shall be as follows: MmcW. such as cast or wrought iron, galvanized steel, aluminum r other decorative metal fencing materials inyl, plastic, or composite fence products designed specifically for fencing urposes. ~d ~ ~e Ille h~sh .-&i'Y 1111SMW1 _ill ~-• .1, GIMa_ ~. er Glaaa mbination fences sball l,e 1"1,11eelwaW, e9eleliea consistiat of two or more lltell'llli.ttted materials permitted within the zone district Barbed or other sharp wire Fences shall be constructed of materiala cvatmDlruy used for PFT'f PCDI fcocia1g in the Denver metro area and approved by the City Manapr or ~ -7- ' • • ~ Prohibited fence materials: The following materials shall be prohibited, Cn;osote or chromated copper arsenate fCCA} treated wood products. utility poles, railroad ties, plywood, fiberboard, salvage wood, comrpted metal, sheet metal. scrap or salvage metal, PVC pipe cbicJ<eu wire snow fences, plastic weaving, or plastic slats for use in chain link. ~ Electric Fences. Electrically charged fences sboJI be prohibited in al! zone districts. ~ Plastic construction fencing may be used only for temporary construction fencing. 6-. Mai11felttlltee. All feaeea, .r. alls, aacl li811111 hllfl'i-allall ee kept ill a state ef geed repaif. The preperty ewner allall 1ip 811 ag,eemeat te eeatiftue1111ly IMietaift the feaee, wall, er r:is1181 hllfl'ier fer the life ef the atNeNl'I, ·»iliell ag,ee1111111t shall he iftehleed as pa,t ef the :.ieaing Site Pl&11 appre :al aacl 111fereeaele lltlder this Title aaci lltlder all ether applieahle lllmieipal Cede pre, iaieas. 1. Permitted Fence Location. Class, and Height by Zone District It shall be unlawful for any person to erect a fence or for any property owner to allow a person to erect a fence that does not conform to the standards enumerated in this Section and the standards for all zoned districts, as described in Tables 16 6 6.2, Hi 6 (i.~. wl 16:6-6:1 thru 16-6-6.4 helew: -8- j D ..:' ·,~f:_~·"1-: \, •, ' 1 ' ... -. ~ , . . . -1-A -1-8 -1-C -2-A -2-8 -R-3-A RONT SETBACK: . Solid Construction 1 ,4 . Open onstruction RONT SETBACK: . Solid Construction Fences in a front yard shall not · t ------__JL.1._4 ___ ,1-_____ ~nri~lbin._' ere with or obstruct yisjbjlity a required sight distance . Open Construction: 'angle . -R-3-8 r-----~---,-------1 1. Residential . Nonresidential IDE ETBACK/FENCES EHIND THE RONT ET8ACK LINE: olid and/or Oocn , 3, 4, s, 6 l, 2 I, 2, 3, 4, '6 -9- xcept as noted n dditional Fences in a side yard shall not ~ere with or obftn¥it yiaibjljtv • required aipt distance ·~ale. ' • • A WITHJN 15 FEET OF RONT ROPERTY INE: A BEYOND 15 FEET OF RONT ROPERTY LIN I, 2, 3, 4, ,6 ~cept as noted n dditional equirements . (J Ec!!!~b!I!. Rrcar and side~ ffcnccs t not interfere with or obsttuct isibility within • required sjpt clistance at Ille illteneeliee ef Ille elle:, • • -- ( ;-,;,t: _, ·fl ;"'.•·.,t:f;.; -', ... --:·,, '' ' ' . . ' s-_:,, .. r • .,,, .i.. r-' ... ~~r~ti., .. . ' ..... 1".. ' • • " 1, 2, 3, 4, s. 12 ,e,7 1,2,3,4,S, 12 ,e,7 I, 2, 3, 4, S, 12 • e,7 ( 2) Additional Fence Standards. '7 f}BMb<dWU< ~ Va.Ci) Barbed wire or other Mllgt11'81111y sharp fe11ee ........ Yim shall not \_/ be erected or maintained .wilbin : flt (a) Any residential, TSA, or business zone district. ~ (b) Wtthitt ~y yard area of a property within an industrial zone district that abuts or adjoins property in a non-industrial zone district. ~.ru Where allowed, barbed wire or 1imillr ...... Olher sharp wjre may be erected on permitted fences provided the wire or malerial is installed at least six feet (6') above pade and does not exceed the permitted fence height. -11- ' • • --- 0 . ~-Eleelfie Feeees. Eleell'ieally eha,gN feaees shall eely he eree•ee er maietaieee ia iee11slfial Ilene tlislfieis. He .r. e~ er, eleelfieally eha,gM feeees shall eet he permiMee ie &BY yud 8N8 ef a prep_., within 8ft iee11slfial disll'iet that ahllts er aejeies prepeRy iB a eee iee1191fial tlislfiet ' 41?. feeees 888 Walls Geeerel Height Sia&881'88 . w Height means the distance of the vertical fence surface measured from finished grade to the top of the vertical surface. Pillars or posts between vertical fence surfaces may exceed the maximum permitted fence height by ten percent 00%). ill Trellis and Gate/Entry Features. TrelJis and Gate/Entry features may be permitted 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 of the retaining wall. e:-~ 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 rcquircmcnt. ~ Design and Location, ill Separation between post/pillars shall be a minimum of five feet <S'), ~-ill Decorative Materials. Decorative materials, including but not limited to tile or glass block, may be incorporated into the design of permitted classes of fences BM wells upon the approval of the City Manager or designee. ill Fences in Easements. Fences may be permitted wjthjp easements, However the City shall not be rcspopsibJe for the repair or replacement of fcpces that must be removed to access such easements. ~, &Pees Adjacent to Public Sidewalk, All fences shall be )oc••ed on / -/ the owner's property but no closer then ooe foot O 'l behind uy ~ public sidewalk &. ~ Lighting. Ml f1111ees aae Walla . l;alelier -111wity ~iabtina may eely-be installed 88 ...... er walla IHMI. ill •• I l er I 3 ........ provided such lighting is controlled by an automatic lipt lcvel switch -12- ' .:., .. • • • • B CJ and is downcast and shielded so that light is directed into the site and not outward toward the pel'i111e1er adjacent properties. ':/-. ~ Fences for Swimming Pools . Please refer to the Englewood Municipal Code for fence requirements for swimming pools. 8-. t Temporary Fences . Temporary fences for construction sites or similar purpose shall comply with requirements of the It guilding e~e adopted by the City. 9-. Fenees in Eesemenl8. Feneea may lie peflllitled within -e111enl8. Hewe·.-er, the Cit, shell nel lie re11pe111illle far the repair er replaee1111111 ef fenees dial 1111111 lie reme•,ed le aeeeH a11eh -e11111118. g. Retaining wan Classifications . ,....---l'r, [ -·.. -- Brick, ltoDC, inlemlly cokQd goncrete. 1Atured concmc smoolh or tcXtUrcd CMU, stuc:c:o or other •imilv malCJjal I !OO"f!P" timbqa Matqja1 shall meet EPA mekhotiet YK ew+nk Qthcr D'llcriaJa commoply med for DMffline waJla jg the Dmyq metro IRI and lmUYlld by the City Hnp or dcaipe A: Prohibited Retaining wan Material: Utility poles, railroad ties, or any creosote or CCA treated materials shall be pmhibited . Retaining wan Development Slilldlrdl. Retaining waUs shall meet an applicable Building Code standards adopted by ~ (;) Retaining WaUs Adjacent to Public Sidewalks, All retaining wans shall be located on the applicant's property but no clom that one foot <I'} 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 welfan: of the public, and that thi s 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. Section 3. Sevcrabjljty. 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. Incopsjstcpt Qrdjnances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section s. Effect of rCJ!CBl 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. hDBl1x. 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, 200S. Published as a Bill for an Ordinance OD the 6th day of May, 200S. A Public Hearing was held on the 16'' day of May, 200S. Read by title and passed OD final reading on the 6'' day of June, 200S. Published by title as Ordinance No.__, Series of200S, on the 10th day of June, 200S . Douglu Garrett, Mayor ATTEST : Lou;;ri 5hia A . Ellis, City Clerk -14- • • 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 of200S. Loucrishia A. Ellis -1S- • • ( C BY AUTHORITY COUNCIL BILL NO. IS INTRODUCED BY COUNCIL MEMBER WOLOSYN t AN ORDINANCIUWIWJA.''t:mttR l!ftmff Y'lt) 'PUIIL1"SM¥• COMPANY OF COLORADO (dba Xcel Eoct&Yl FO.ll INSTALLATION OF POWER LINES AT 2900 SOtnll Pl.A Tl'E RIVE1t DRlVE (Littleton/Englewood Wastewater Treatment Plant). WHEREAS, the Phase 2 Expansion Project at the Littleton/Englewood Wutewatcr 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 UE 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 casement belongs to the City of Englewood; and WHEREAS, the passage of this Ordinance autborius a utility casement to Public Service Company Colorado to accommodate the Pbuc 2 Expansion Project for construction of high voltage power line at the UE WWTP; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Public Service Company of Colorado Easement from the City of Englewood to the Public Service Company of Colorado, attached bcrcto u "Attachment I", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Public Service Company of Colorado Eucmcnt for and on behalf of the City of Englewood, Colorado. Introduced , read in full , and.passed on fmt reading on the 16th day of May, 2005. -1- :l• • ' • • Published as a Bill for an Ordinance on the 20th day of May, 2005. Read by title and passed on final reading on the 6th day of June, 2005. Published by title as Ordinance No. __, Series of 2005, on the 10th day of June, 2005 . Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, bcrd,y certify that the above and foregoing is a true copy of the Ordinance pused on final reading and published by title as Ordinance No. __, Series of 2005. Loucrisbia A. Ellis -2- -- C ( ROWMENr E1tward M. ear ... 0ESt".M'IW1UNH1toll Chlllktphet II Mc£h,llln, f'LSJ8!0t ~uwon Nl0ff£SS ..... , Er,glnrNttt• Inn. !Wl55W-t, ~ 1/\IOO Arva. co 80003 CJ . noc NO NAIIORll)NO 7tJ7 117E WOI.IOOCMO 10> SIU 2118317 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT IINJ , .. 1e11Jg1oed flrankN heoehy ac:1<,.-1!J01 •eceli~ ol good •111 --cc,olll<lol_, .'"" P\.IBIJC SERVICE 1:0Ml'/\NY OF col 0111111<) (C'"'•""'YI, 1225-17"' Sheet. o.,,..,, Cokwado. ll0202-S53J, 1n --. n1 ""*'' <lf-1•1 l*""'Y grant,'""° said c,.,.,,,..,y, iii 1occetaot1 81MI aulgt.a, • non e1duW. eetetnent k> cottalmd, ope, .... malnlaln. repair, aid ,eptaca ulllMy hs aod al tiJ1tu1e1 an•I dew:::e1, UHd Of Hseful In lhe ope,1111011 ol 1ad ..... lwough, over, ,l'ldef, 9Cf081, and along a COUf&e N lald ha onny be he,ealler cc,o,shudotl k11.01(•1 ~ RlOCK __ , SUBOMSION --· In N,. .Jff:.1/4 _ o1 Section JL T._ishlp -~- Sotollo, llano• _l!LWosl o1 U,o lilllli Polndpel Mofldlan ko t,o &lallllll Slale ol ~-. ,,. Cllllellne ol Ille••-~ being desalted • folows ; See Exhibit A attached hereto and made a part hereof. I ho ea1cmeul ts _ Hr _ teet '" wkllh The aide ho1.11wt.y •.a of lt1 eaaemenl lhlll be lenylhened and lhmllitMtd u ,.,...,,..,, to cncnmpnsa o r.nnlilH•IS "'"' of nol Ina '*' •• above wirlll al al f'C*1ll on Of•*-'• fJfOl'9fly anNd hr •• altOVe tlesc:,lbed easement ntKI e.:teutlling tn •18 IKM-a.lel of ........ pnpeetin. t oucthe, wkh ltwt tit,111 lo entor 'If'"" Mid.,. ...... lo ... vey. CCNllllw:1. malnlaln. Of*al•. repair, reJ,lace, ca1•ol. arwt IIN taid ulllily ltnr.s it1tcl 1el.-.tcd tM,"es •lff cteYlcn, •.t lo ,emove ot,teda ln..,.fetlng ••ew11t1. Inducing lhe hifl .... nl ltaea ••• l•rlhn. N•I lngclhet wilh •18 1'91it to nae IO mntfl nl I• •t-la ........... ol 0.M.,. dt1l11g ltarwyil•, oonslmdlnn, fflM .... ww:e. ,.,.,, ,enw,val, "' 1etll.'1C811ie1II nl .,.. ulllty •• and telllled hk•• and de¥k:el • ffllly he ,ec,.•ed lo pennl I• C'lf*,...., of ,, .. .,.rt 1!1My r:tMtshtteliolt Of 1ep.W 11w'Htwy 11• Or ... teNfWS I• •WII ID 111111 •Id OCClll'f 1w .......... .,, any Sll•PDN CftMhlelll ... lhc 1ights nnd tMMlftoes above ••llell •td wltk::f1 • nal lnlallat• ... • ....... •tW' of•• wt C.lffllNIPr'I.....,. lwwelr, .. ,,.. dMMeol Sod, , .... va11n111 hy I• 0.•1'clf 1h11 M no 9'11'81tl lnduda I• righl lo •ect or catlH lo he •eded.., bl .... • sl1111d11" ••••• •• enen•II ••Nd m lo IDC"•-, mallle IIOIM • llallr unll ........ In caee of•• P9flMnll1I ............. nl lhe .............. ,igl •. pioolllgl, ·"'--.--... --, ... _ • .,,k ............. -.----------·: .......... llanu ... --.. ·- .......... lo .. ariglnll--- Sig11odl01 ____ ., .. ________ ,20III_. {IJPOOI pd,-,.MlowNdl ...... Hh--.. ·--. ...-....olc.): llRAIIIOR CITYOFENOlEWOOO Oo uglaa Garrett, Mayor s r /\lE or COi.OR/\()(), ------I r.OUNIYOF Arapahoe )u. ,. lhe lotegoit,g k1S1111,oon1---..i __ .. ___ dof al ____________ .200_i., 1<;1•11Df name(•) •om abovel: •' Douglas Garrett•• :iAYOr of the ritv of Ingle•••, eoto,ado. WilnoH ouyl•III-'.._. ... ..,..,,. ...... E ..... -- !\ T T A C H :4 E :1 T 1 ... .. ' • • l }.ldl,11 I\ I.I l"I l.l'.IIIN/l:N<a .t:11'1H111 '1'Hr,l'I Alt:N I' l'l ,\NT IJ'l 11.ITl' t :ASt:Att:Nl' NO. I 111'J-.?UI -U71 .UI O.f -07-0J Sllhl .l' 1 t ,,: 1 Io Wi\ 111> IN 1111 ' ti< >1<1111.i\S l'•JIIAll'll-ll 01· Sl:C I IONJ.I , TIIWNSllll'•I S<llllll. II/\N1;1:1,K Wl:SI Ill 1111 S IX 111 l'IIINl 'll'i\l. MEHll>I/\N. l'I rv 01' l·NOI .E\VIHJll. l'OIIN n • lit' AIIAl'/\1101 '. SI/\ II : Ill· <'I >1.flll ,\IMl, lll'INO AIOIIE l'/\k l'll'lll .,\111.\' llESl'IIIIIEll llS 1'111.1 .0\\'S: 11 .\S IS 111' Ill IIIIINU S IIE ,\ll1t~1;s i\111: 111\SEIION I IIE /\SSIIMl'I IIIN Tll,\I' l'IIE Nllll'III I.INE 111 Sl\111 Nt >II I IIEII S l'l/111\IITEII 01' Sl 't.:TtoN JJ 111 :i\llS N IK "UJ'IS" IV i\NIJ MONIIMENll'II AS IIII I <l\VS : -1111 , NI >111111'1\S l'l'<IIINl 'II "" ll'lll('II IIEINU us· /\1.IIM . ('Ill' t .S 2H71. III E Nllll 11111'1 '.~ l'l'IIRNl'II Ill' TIii: NIIIITIIE/\STCJIIIIR'I fR Ill' Wllll.'11 IIEINt; II l" IIRIISS l'/\I' IN t 'ONt 'IIE IE S l',\All'l ,t> t 'ol:C lll' llENVER . I 'OMMENI 'INI; /\'I 'IIIE NIIII I IIE/\Sl'COIINl:11111' S/\IIISECTlt>N .13 : 1111 ~ll'I' N KK'l ll'W W IIU>NO I IIE NllllTII I.INE<WSl\111 NIIRTIIEIIST<)lli\R'IEII <W \I I 'I It >N 11 II lllSl 1\Nl'I: Ill' IJl7.ll 1Hff 10 '1111 : Nt111'111EIIS'l'CORNER Ol''lllE WES I' IIAI .I' 01' nu : NIJI( 1111 ,,s rtJIIARTU(; IIIUl<'I S 1>1'-ll'J7" W 111.<>Nll IIIE Ei\ST LINE Of' HIE Wl 'SI' 11111.f 01' TIIE NOIUlll:/\SI' t,1111\111 l'H ,\ I US I /\Nl'E 01' 796.16 l'EET 'll) TIIE l~IIN'f IIF IIF.l;INNINI;; 1111 :Nl't N K'l"!7'1'1" E II IJISTIINCEOI' 5.691'1:l:T; I IIENl 'I' S IMrJ!'•II" E II l>IS l'IINCE 01' 111.!Ml t'Elff; 1111:NlT S K'1"!7'1~" W II lllSTIINCE 01' Hl\0 l'l:l:T; lllt:Nl 'E S 11!0 41,511" WA lllS'l'i\NCliOI' lll.10 t'l:lff; '11 IENI 'I S K7"lll'U' E II IIISTIINCI: 01' 119.76 FEET; ·1 ttENIT S 11!"!'1 ' I!" W II IJISTANCE Of 10.00 l't:H; 1111,Nl'I N K7 "Jll',IA" WA IIISl'i\Nl'E Of 119.11 FEET; '1 ltl·N( 'I· S u~··,u.·~·r WA lllSTAN('J! Of 22 .29 FEl~T ; IIIHll'I N 88 '~"'41," W II lllSTi\Nl'I: 01' 574..tllH,I 'IOI\ l'OIHTON TIii: Ei\SIHII .\' Rtrntr~,, ... Wi\ \' I.INt : or SOlllll l'l .11 ITE RIVER l>RIVll; ti II Nl'I N 1111•2.r I!" W 111.0NU Si\11) EIIS11:RI.V UNI: A DISTANCE 01' 1<1.01 t'El,r ; 1111 :NI T S flK"ll 5',tr." E ll IJISl'i\NCI: OI ' ~~.9 7 FEET; 1111 Nl'I · N 111•.11.;~" I: II IJISl'i\NCI: Of 155 .66 fl:Ef; 1111 .Nl 'I· S K'l "l 7'1?" W II lllst'i\Nl'E 11 .14 l'[lff; 11 11 NI 'I. N IKl"l!'.tl'' W II !>IS I /\NCI: Ill' Ill 00 ffH; ti II Hl'I N 8'1"!7'1 '1 " I' II lllSl'IINl'E 01' 60.06 M:trl' l 0'111 1: l'(IIHT Ill' UF.GINNIN(;; I 11NI ,\ININt: /\N ARr.11 111' •.l<,1 SI' .. O l lUJ lll'II ES, ~!ORE OR 1.1:SS. Nt>II · 11 II S I ll Sl'H ll 'tlllN Ill.JES NOi lll'l'RJ'SE N I II MO NIIMl:N I El> 1.IINU SIIRVE V, 1111S Ill ~l'llll' II IIN I~ IN I I Nlll'.11 ONI.\' TO IJ[SCRlllli '1111: /\ rt'i\1'111'1> EXIIIIII I'. I.' lllll~ltll'III II II Ak l'I.Vi\lN. II SllMV EYIJ R l.ll"l'NSEI> IN TIIE SI'/\ rnol' t 11 t 11 1t ,\I IO . l l<l ll k lll .lJ\' l'l'lt'I WY 1111\TTII I: IIIRlVll lll::SC..'Rll'l l<>N WAS l'll l l'i\111 11111· ~II Oil llNl>t:11 ~I\' lllR El.'T Slll'EMl'ISION i\Nll l'II H 'l(IN(l. t IIIH',,l t11'111 H.11 ~l d l.VJ\IN l'l:111 1 v.,, .. , \I I \Nll ~HM\'f \1,tt • 1 t$ 1 tk \I• I Ill lll'I H \ Ill ltl NU lli'-1 II ti: \111 H ,ti lU 11.\1 1 t 14 IIIUllfk,ll!IIIUUU Ilk .J:0~\\ \lr\\114(111 11 \t'\'-\I\ hilt \l:\\U'\ 11111 .. 11 #\fit• • .,. uru \IIIHl"V LV UI Al\\)fl1111H l'4A ( ( EXHIBIT SHEET 2 OF 2 Pf~NI U CUMMU-IC£ MU II flW f'.l~I fll 1/•I src. JJ N[ C<JR !;!:.C J .J l •I',, 111;11w, 1;111 PM r1s. llGUW, n111 l'LI 11111 ., .. !<Ill\',', C/\1' IM C111-1<: I HI/. J .;>!;' I.I . 1:/11' ',11\f.ll 'l ll, .~,; 111 111.IIVI.II NORlli LIN~ASIS OF llEIIRINGS I '., l:0',71, l'J'I.I -$> • ·-•• ---•-·--__ -· _ N 88~J'll~~E :~~~ ~~~l~R_& __ --. \ 1 1u1 ,. 1111 rm IIAll : 11111/U:, ·· l.>'.15 lll~G 11111.ITY POLE t XIS llllC f[NC£ ME COO WI/~ llrt/4 SEC .• l.l f /f l.sl7 .18 '.\ HS, R68W, 6111 PM .. I ~ IY. l.:!1- 1-u: I~ ft~ IO l,JO <h ~ I I • ~:£ ;.: ~i~ I~- <>~ I!" ~?. I :: -,hJ .... _J ."I: c., •· :;; I Vl ~a I CITY or ENGIEWOOD t«)t{i 11• I' It-If A IA.tNI :AIM'<II\., 11AI OR 111,ll'•HI IH 'Jl'\1 'r I\Af lh) lltH .... NI$ ...... , 'l 1 111ft lllr Mflf'A#.Alfl•t (f' n• AIIA, 11 ll I II.Al flt_'~_'..:_'"_''":..:":.:'=====,===-=-=-:===-=-=-=-..c==-::c-=='='=-=,....=··=.,.=-="-='":..:""= .. =·="c;~•:,:~;._;"'_;~:,O .. -"I -~ JeJHN •~:::,,co N,.. ..'i.'!:r.:t~":'J. ~sec-" :.f\'\ lNGINlHING.a lOWHS>F 4 SCIUJH. RANGE S8 WEST Of lit[ &ni P .M. :...-=-•• '111CA. t 161 sr 11111 • •10Jiioii"'~1-II-Utk ll) j ll'j 1.1 IU ::-..:=.::.:'"!-sc-A1 r ,· • 10,,·I o, 01 O"> 1'"-1111 -011111 111,,11111 nwi ; -----· • • ] ~c ~! ~/I i 'a C a, u i' ~ ., .. ~ ! ~ ~ ·• • • ( ----.. I 1 __ J ! 9 I ; a: i I I I J J I I di 3 s > ~,c ' "' ·~ i 1 I -= ' I if P ! J! ! !. :J a:~ 3 ~;· ·~~ ' ..:. ,. I .... rri z: rri ! d ·1 ! J w..-.wn, -~ ~~~·~-:., ·' :"~ ::~/&~ . ~oJ~J ,~ .. ~-~::-~. I I I ~ 1; I . i t !I c)! • • • ORl)INANCB'MO,• SERIES OF 2005 -- BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 11IE CITY DITCH. WHEREAS, Qwest ·corporation submitted a License Agreement and a temporary construction easement 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 Licensee performs 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 Ille 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 al their May 10 , 2005 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section ) . The City Council for the City of Englewood, Colorado, hereby approves the License Agreement, attached hereto as Exhibit 1, between the City of Englewood and Qwest Corporation for the Qwest ft'-,er optic cable crossing located on the north property line of Wolhurst, south property line of the Large Animal Clinic on South Santa Fe Drive . -1- ' ... .. • • Section 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 Wolhurst, 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 are 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, 2005 . Published as a Bill for an Ordinance on the 20th day of May, 2005. Read by title and passed on final reading on the 6th day of June, 2005 . Published by title as Ordinance No.___, Series of 2005, on the 10th day of June, 2005. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I; Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ___, Seriea of 2005. Loucrishia A. Ellis -2- • • C ( ·• • • / LWE:SSE . r.rrr DITCH CRQSSJXG :WREEME:'IT THIS LICENS'F'. AGREEl\1El'<"!, made and entared into u of this day of ____ _.__,.00..5. by and betwHu the CITY OF E?-GLEWOOD . a municipal ~rporation of the State of Colora4 herein n!ferred to u "City", and ~w~t Ca:4rfQt,o~ herein rorernd to u "L.icemee·. WITNESSETH: The City without snr warranty of ita title or interest whataoever, b.ereby authorue• Licensee. its sw:ceucr. auii:m, co inata1111 a1" ~'(C. C:acd,~,"t aver tile C~ty', ri:hts-of-wa; !or the City Oittb.. described u a parcel of land utuated in the_ • <a~~ llf Section .3:;2: Towrii(.S;$id& ~ni:e CoS ll):Q;:d: Qftha --'-....__.,__ _______________ P.M .• COl.l!1ty of Arapahoe. Stste of Colorado deac:ribed :is follow~: See attached Exhibit A. The above-described parcel conuiM 50 linear feet more or 1:aa l. Any construction contampiated or perl'or.ned undar tla LictDM il:.a11 comply with and conform to aiandsrdl !annul.aced by the Director ofUtiliti11 of tile City a.ud s\lCh ccm.scrw:tiou !rul!l be per!onned and completed accardin1 to tht pl.ana. cons:stiq of ont sheet. a copy 0£ wlueh i.a attached h.reto :and :::a.adc a part hereof. 2 . ~..e Licenne shall not:.fy tba City'a Di.rec=-.or of Ut:.litic, at laut thrH (3) days prior to the time of commencement of the conatruc:tion o!, or fflY repair• :ziada to, I.icen.see'1 ----- o} 11 P«< C ondu ,-:\: ----------------------'° th.u the City may, ill :ta di..,icretion. uupee aw:h operatior..11. J . Within .,;;,1 • · (30) days from the date of th. commencement of constrw:tion o£ said _ the LlCl!naee shall completa •uch conr.ruc:ticm. place snd :naint:liu permanent. vi.aible markers. of :i typt and st such IDC3tiousas dalii:nated by the C:cy'J Oi.rec'..or of t:tilit:as, refernns to tht c.nterline oI the installat111n and ah.all clur th• crouinc srea o! all coc.£tnietion dabr.t snd reetore the .ana to it.a previau.i conditon u near u :nay be ruson.1ble. In tha event th• pl.3ni.n1 of the centtrline zur!.:eu 1.nd tht claarins :and n1tor:ition oi the eroallin: uea is cot co111pltted ,within tl:e time rpociflad. tht City may complet• the work st the liOle expense of tht Lict!1Me . 4 . Th• City s h.sll have tha rifht :o maintain. icstall. repar. remO\"t or relocate the City Ditch or snr ot her o{ its faeilitiae or inltallation, within w City', riJhc,.of.way, at any tiino a :id in aw:h m.1Mer u the City deems necaSU?)' or convenient The Ciey reeerve, tht - E X :, i b i t 1 ' ... • • exc:hmve ricx :0 control all euem&ntl and !nsullations. In :ha tVtnt the c==2 JI D vc I C' c:t'(iu.i should in:er:ere with an, !uN?t 11.!e o! the City's nchts-of-way by tha C1ty. the Lice ns ee s ha ll . upon request :ind :it ita .ol1 ar,:enH, t'floot1, nur.incc, or remove it. u: .. ul.lacona so as :io t to :.."lter:ere •mh an;-.!UC!l UH. :I. Anr repair or rep !.1c:me:1t of :my C1cy :..nst1ila t~i:-m:icie nac:es.:ir;•. in the opinion o!th1 City'a Di:e~'tar of Ut".li~Cjb ~c:iuse of ue c:onstr ... ctiDn 0£ the --------- ,:J" 1>~ e O!.:Qu ct: or <>theupp:.;reenant i.nswl:ition thereof. thall i>e ~ade .u the £Ole CXlJCllH of :l:.e Lic:eneee. 6. The 1tipul:1tion :ind condicaus of thi1 I..lcaiue shill be inCllrporated ~to contract specifict:ons if the c:on.struc:tion herein •utl:arized is to be done on a contra«:: basil. 7. The ri;i:ite and privileies granted in :b.ia LlcellN sl:.all be ¥ubjee to prior acreem1rr.ta, licenHs a:!d/or gr:i:::s. re::::ie:i 'll' U."l!tt:r:itd, ar.:i i : s::.-u be :he Lice::.!te', tole rupo::siiiility to detonni~ the e:risttnc:a oi aid documen:s or c:onfilctin; usu or i.::sull.lcons. 8 . The Licell!ee shall c:on~ il.nd full:; c:o-pera:e 11o·1th the C~t)"s personnel si:.d the conatruc-.ion shall be completed without intttr:ere:ice with .any la.wiul. uaual or orcu=ry flow of w:lter throu;h the Ci:y Ditch. Lic:e:!See 3h:ill .ua11me :tll ri.ka i.a.cident to the pouii>le presence of iuch wsten, or of itcrm w:1ter1, or of s\lr!aco wsur1 in the Ci~ D:tc. 9. All trenches or holes within :he Cicy's ri;:ht1-o!-way sh:ill be b:ick-.llled and :amped :o :he orig'.::..:sl iround line in layer! :10; to excee six !Ei, u:.ches 1-e 111ouure t0 a compaction a! ni=t:; percent (90%) Standsrci ?:oetor Maximum Demiq•. 10 . Lle1n.,ee. by sccepear.ee o! this Llcenao. orpr4euly u-wnu full and stnc:t lisbil!ty !or my and all d.J.msr-s of e•,ery :i.u·.ire to person or property c:2wied by water from the ditc:h le&kir.g throu1Jh the di:ch banks or pipeline :it !he ;ioint er poU1tl when the !.ic•~ performs any work in cor:11aeion wi~ :he c:ro ... ir~1 prev\Ced lly ~ Lic:1::a1 . Th• Licensee uaumu :11! respon.sioilit; :or maint11W1Ca o£:he :.n.t:ill.:icon. ll. Licen.,ae wll inde:nnify and save harmlau the City, i~ officer• :u:d employH1, acain.Jt any and all claims, diunac-;es, accticn.1 or causes of ilCtion and exptn.Ht to wh:ch it ~ th,•7 ~Sltt s~j;;}f~r;rn of wd ________________ _ bein; within and ;ic:ro11 and ~iider the precues o: che City or by reuon of any work done or omwion m.1d1 by Licensee, iu •'8nts or 1mploy111, in con."!.tction with the c:oiutructian. replacement. maintenance or nipair of said inltallation. 12 . It i.l ex;>r essly ;ic:oe d that tn ease o! Licensee's brea6 oi snr of the wieiin promisea. the City may, at its op tion . bve specific pe::or:n:ance :heAoi. or ,ue for ciain~, rc:11,j~ !rom. such breach . 13 . Upon abandon.::ient of 3.ny riiht or privil•r• :liNi:i cr:,,ntwd. :he richt of Licensee '!.O th.at exter.t s::.~ll um::.inate. bu: :ta obli1:ation to irulemniey w i.tYe harmln• the City. ita officers and eoplorees, shall cot te::ni:i;it: in .iny event. In crantinc the soov a :1uthoriu11011. the Cir, !'UervtS the r--1ht :o make full llN olthe property invo lved ss ::uy be neces..:iry or conv1n i1ct in the ap1r.1.t1on of the .... ~tar works p l.:1nt :,.nd .1 yr.~111 under tht control oi th• Citr. -2· I• t .· .. .. • • --·• • • 0 ------~•-----. 1~& •~ i.\J ~ ... ...,.,. ,,...,,1 ,,.. ' ...... t ut -.tv--"""'"'"" "'' .... • •-• In granting the above authorization, the City reserves the ri&ht to make .IW1 use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of the City. IN WITNESS WHEREOF this instrument has been executed as ofrhc day and ye:u first .1bove written. CITY OF EKGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood By: --Chairman-. ----------- Englewood Water and Sewer Board The unclcrsigned officer of G>~ ~Ft/OU has md the fore;oing License and a~ for an on behalf of sai W!i;X>e.O;\ ,ou that it will accc;,t and will abide by all the tcm,s and conditions thereof: LICENSEE : Titlc:l<C)I.,)..) N"o, M%0 C Address :9:iso F. CD-:d:1lle Av fJ:e\£w::rd, C' C) 87 I ..:2... Phone30378'-l-03la9 My commission expires: . , J• ' .. .. • • ( C EXHIBIT "A" r,i'LY llU[ LOT I , BLOCK I -K,·,s1S c,f t:1£.ARtNf; --.. ~ 118~'52'4J"W I ' ' _/ 14511.29' . ,, .. " \ ," I -J~----------~--~--' I ,, ' ' '-~-589'48'24"( ••• / 1244 84' (11() IIW COR LOT I , 8l.K 1 0~~~~~ ..... .,ca,. .... M:.t.D ,U •NM-C .. ONI..TO.O WOLHURST FILED IN THE ARAPAHOE COUNTY CLERK ANO RECORDER'S OFFICE BOOK 22. PACE 78 . LOT I BLOCK I SWl/4 SEC . 32 T5S, R68W , 6TH P.M 1.) PMCCl --15 IA,m ON llC lltCOIIOS 01 1HC C(UITY ASSl:S- 2.) AC~ 10 CCll.CIIAl,O uw. 'fOU YUST ~ ..,.., l.lG-. OC:IION IAS(J) -ANY DUtCT •• THIS _,.'I ·--'llAIIS .VIIJI 'fOU '111ST lll1COICII !UOI DUtCT. 01 NO [\CNT IIAY .... OC:IION ... .., - AHY autCT OI 1M1 _,.. t. ---'""" 11N -.VIU 1>C OATC 01 llC ctllnntAIION -"'!ICON. l) llC CM.Y PUIIPOK 01 THIS [-T 1' 10 ,;ow llC I.OCAIION 01 IIC TllCCOIMJNICAIIONS [AS(M[Nl(S) rCII OCSI C-A- •) !)ff [-1 !MAUK CON91C.D NUU AND,.-'11 -TIIIID II .... y .. , t • • A LICr.NSE LOCATED IN THE SOUTHWEST l)UARTER OF" SECTION 32, 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 SUBDIVISION, FILED IN THE JEFFERSON COUNTY CLERK ANO RECORDER 'S Off1CE 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 '43 "'E A DISTANCE OF" 50.00 FEET TO THE POINT or 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 LANO SURVEYOR IN THE STATE OF COLORADO , 00 HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME 0"! '.!~!~!::"! ~.\Y SUPERVISION ANO IS TRUE AND ACCURATE TO THE BEST OF" MY KNOWLEDGE. ""---------~i.~1.0.~ P.L.S . 31158 5°ttE RECISION SURVEY & MAPPING, INC. ' ·'"-.. • • ( (J ,u •• """ '-""'"""-....................... _ ...... __ .. _ .......... ·-·. ·-- TE~lPORAR.Y CONSTRUCTION EASEMENT This Temporary Construction :ascme:it (the Temporary E:ssement) is entered into this _ day of , 21) OS b y and betWeen the Ciry of Eaglewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Water .md Sewer Board (Granter) and _________________ _ Q, \)e:=-d: (' or:poco t, QI\ ' ( Grantee j. WHEREAS, The City of E:i.glewood owns a riabt-of-way for the City Ditch, a earner ditch (City Ditch ROW) wbich is loc::ued as described on Exhibi1 A. WHERE....s.C!1)~+ C+)C"P desires :o inmlt a sd'' PVC- ~C ... ooo-.... ~u .. i£.· ~------------within the City Ditch ROW purswnc ta a license :erwe:n me ?art:es. NOW, THEREFORE. In consideration of the munw covenants of the parties, more P3"ticularly hereinafter set forth. the ldequacy and ,uff.cienc"/ of which are hm:by acknowledged, it is agreed as follows: 1. TmP9QCI ConstrJCtion Euemcm, E:ialewood C• Granror) hereby pants to Qwest corp, (as Grantee). its successors. assip, conuactors, and ~ODtraetmS, a non-exclusive cemponry conswction asemm1 !broulh, ove:, Wida w1 ac:oss the City Duch ROW for the inst:l!Llrioa ofa 2 • PVC Conduit. -------------------punuanr :o a licmse acreemenc (th e Project). 2. Tom ofEu;;ne;L The Projec: will bqin :io sooner can 6/6/2oos and will be comple~ ao later !Dall 7/9/200S .. Complcrion oftbe Project will be dccmcd to bave occurred tipaa impectiOD and approval of the Projeci by Grant0r and this Temporary ~twill be deemed ro !lave terminated upon sw:b. completion. 3. Ac:c;u. Grmtee sh.slJ have :be tempomy acn-aclusive riabr to enter the Ciry Ditch RO\V fer any :nsonable purpose nc::ssary er ;,rudmf for tht conslNCtioa of :be Project subje:t IO die followiq rcmictions: l) aormal workln1 !iou."S slull be c:cns1ste:11 with COOT c:ollSlnlctioa bovn. Monday lbrousti Friday 111d 2) the opcncoa of cquipmea1 aa4 uavy web will be pc:mirted on the Enz!ewood Ciry Dire~ ROW Clllly darina :ionnal wortciD1 hours. - E X h i b i t 2 ' • • . .._ __ ..... ··-·· .... --.... -···-_ ............. ·-·. ·-- 4. Restontion. Upon completion oftbe Project, Grmtee will perform such restar.1tion and regr:iding as is necessary or prudent to rcsmre the sumc: 3lCI of :he Cir/ Ditch ROW :c ill original condii:ion. 5. Indemnjfi~rion. Grmt=, to the extc:1t ::iemutted by the la'lllS and constitution oi the Saie of Colorado, be:eby igrees to be liable and liold l:wmless the City ofE:igle-.11tood, iis e::iployees, rcmacs, and guests from my and all claims, causes of action. and liability which may occur as a result of the aesiigent or wrongful aca of Grantee in the constrUCtion of the Project, including the coSt of defending against such .:!aims. 6.. ~-Grantee hereby aclcnowledges :hat it '.mde:simds that there is water flow in the City Ditch from April l to :-.:ovcmber l of ~h year :md that it will assume liabiliiy foe my damage to adjoinint propertY caused by water flow re$ultinfl from cb.mqe :o :he City Dit:!1 c:iused by the Granre:'s consrrucrion activities. 7. InsuQOc;. Gm re: shall mainciin in full :·orce md ei!ect a valid policy of insuranc: for the Projc::t :n c!ie ilClOU."1t of ScOO,C00 .00 propeity covenge md $600,000.00 liability covmie. Grmte: :ur.ner al&JUS that all ics .m:.ployees. conuacrors J.'ld sulKonttllCUlrs wodcing on :he Project shall be cover= by adequate Workers Compensation insur.mc:. 8. A,ssignme:ir. This Tempomy ComrructiOll Ease:nenr is usipble only wi:h the -.titten pennissioa oi Enaiewood. Whicl1 pe::nwicm wilJ m,t ~ly withheld, conditioned or delayed. IN wtn/ESS WHEREOF, the parties h::-:-.o ~ve executed this mnpor:ary consauc:ion ElSl!:nC!'.it on the daie and day first wrirre:: above. ~. C ( • • • 0 0 ................... _ .................. . In gnnring the .ibove authorization, the City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under c:onttal of the City. IN WITNESS WHEREOF this illsaumcnt has been executed as of the day a.ad ye:ir first above written. CITY OF ENGLEWOOD Stewart H. Fond:i Director of Utilities City of Englewood The undersigned officer of Q \u.Qgt ~s::ooee,\'., ON bas read the foreao~Lic:ense and ~ for an on behalf of said WgJ2<£-0 ho~ tba1 it will acc:ept .ind will abide by all the terms md c:oaditions tbetcot: LICENSEE: ... Qmoe,+ Cs::,q;::om:k1 (\<\J Nota,y. B~~M~~ @.P- t'itle:lso u.,) (!\~ C My commission expires : Address :9:JS:O € CcX7fzUA 11-M·'!I t.0.9\ft uo::x:f , C' 0 80 II~ Phone:.,30 ?;,-J8'-/· Q,3lo9 I-• • .. .. ' • • C C EXHIBIT "A" 0 0 . r-t'LY LIU[ LOT I , BLOCK I -fi,· . .._;15 q t' at:ARIN(; ·--.• ra· u11ur f t U.SEt.1£u~ I ' ' _/ 118~·52 · • n·, · .. 1 458.29' •• -/-(>o~T . I f.Xl'JiT . , ut.J 1;1tO MANHO""u"\ ,f"' V1P[ , \' ' ,, _J \-: I .. ·· : \ .• sa9·,e ·2,.~r ·-.·• 1244 84' (TIE) --i: -----+---71 !o/ a!::;.!.'~ , . . .·· v-..:."·:-: __ -~-/-... _\ _________ __,.,:., I .J I \ / / POINT OF I ----1 189'J•'J8"E·/ / IIW COR . LOT 1, 81.K I TERMINUS ,SJ.•fi' (TIE) / • POINT OF BEGINNING trE COR. LOT 1, Bl.K 1 · CENTERLINE LENGTH•50.0' :i: / /0 WOLHURST FILED IN THE ARAPAHOE COUNTY CLERK AND . RECORDER 'S OFFICE BOOK 22 . PACE 78 LOT I BLOCK I SW1/4 SEC . 32 T5S. R68W , 6TH P.M. ' o· I ~ I .)...;;, ~, ;t:"' ~-· ~: ~"' i;;:. g . \ ' • • A LIC[NSE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSlilP 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 SUBDIV1SION, FlLED IN THE JEFFERSON COUNTY CLERK AND 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 I , BLOCK 1 ; THENt.:E S89"52'43"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 SUPERVISION ANO IS TRUE ANO ACCURATE TO THE BEST OF MY KNOWLEDGE . "' _____ i ~)~ P .L.S . 31158 p ~TE RECISION SURVEY & MAPPING. INC . ' .. • • ( ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: June 6, 2005 ---Contract with Technology Constructors for ., --~ L/E WWTP Storage Pad and Roadway Improvements Project Initiated By: Staff Source: L/E WWTP Supervisory Committee Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prior action by Council. RECOMMENDED ACTION Staff recommends that Council approv amQ!d~1J7) Englewood Wastewater Treatment Plant (L/E WWTP) Blosollds Farm. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Two paving and roadway improvement projects are required at the L/E WWTP Biosolids Fann located near Byers, Colorado. The project is particularly necessary at this time due to the ongoing Phase 2 construction project occurring at the L/E WWTP. There is now very little space available at the plant site for on-site storage, and there is the potential for odors M be generated. The projects are described as follows: J;> A paved road and storage pad located near Highway 36 that will allow for all-weather access and the ability to store biosolids at the farm site for short periods of time. Access improvements off Highway 36 in conformance with Colorado Department of Transportation requirements. The storage pad area will provide up to 30 days temporary storage capacity. );> Road and drainage improvements to the existing dirt access road to the Maintenance Barn located at the farm site . Road improvements consist of grading and placement of granular road base to improve the year round accessibility to the Maintenance Barn. Roadway drainage and cu lverts to improve drainage and keep standing water off the road. Due to design and permitting requirements (C DOT, Adams County, and Arapahoe County) the project was not bid until 2005. There was a great deal of interest in the project, 40 contractors purchased plans and specifications or reviewed them from the City's BidNet website. However, most bidders stated they were too busy to bid and construct a project this 'ar from Denver (160 mile round trip), so only one bidder responde d. t .. .. ' There was one bidder for this project and the bid amount was $432,948 for the base bid. An additive Bid Alternate #1 was bid for $18,625 for removal an d •pnh cement of poor soils. The lowest responsive bidder was Technology Constructors for the total amount of $451,573. Staff has reviewed the bid and bid alternate and found it to be technically responsive and in accordance with previous engineering estimates. FINANCIAL IMPACT Funds for these improvements were not budgeted for in the 2005 budget However, other instrastructure projects have been identified that were either under budget or will be delayed. The savings from these other projects will be sufficient to cover the cost of this project The cost of the improvements will be split 50/50 with the City of Littleton as a capital expense. LIST OF ATTACHMENTS Memo of Recommendation Bid Tabulation Listing of budgeted projects from which funds are available for this project • t LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S. Pla1le RivwrDrill9 Englewood, Colorado 90110 (303) 7112-2900 FAX7112-2920 ff"~ City of SS City of Littfeton ( (_ Englewood MEMORANDUM ~ TO: Dennis Stowe, Plant Manager / FROM: Mark Van Nostrand, Senior Project Engineer j /~A . DATE: May 2, 2005 -Jit'tfi. SUBJECT: Technical Evaluation and Recommendation for Storage Pad and Roadway Improvement Project at the Byers Farm Site A request for bids was sent to six contractors and made available to 34 contractors on the City Bid-Net website to provide for the construction for this project, one of which returned a bid package. Don Clark, Chong Woo and myself have reviewed the bid package. The bid was responsive and technically acceptable. The contractor has acceptable experience and suitable references. I recommend the contract be awarded to low responsive bidder, Technology Constructors of Arvada, CO in the sum of$451,573 ($432,948 base bid+ $18,625 bid alt #1). The bid alternate #1 is for removal and replacement of expansive clay soils that are located under a portion of the roadway improvements. MVN :cg • t .. .. City of E11,ewood Bid Tabulation Sheet Bid Opening: 4/26/05 11:00 a.m. ITEM: IFB-05-108 Storage Pad Improvements Bid Bond Vendor YIN Site 11 Breiner Construction Comnany Al 303-372-1200 s . s 1400 Onieda St 1Denver, CO 80210 Arvada Excavating Breit 303-422-1822 s . s 6205 W 52nd Ave. Arvada, CO 80002 Technology Construction y Ed 303-431-2901 • 277,751.00 • 5636 Kendall Ct IA • 18,125.00 Arvada, CO 80002 Lillard & Clark Const. Bruce 303-761 -3170 s . s 3775 S Knox Ct Denver, CO 80236 E-21 Engineering, Inc Serge 303-991-6000 s . s 2695 S Raritan St Englewood, CO 80110 Asphalt Specialties Larry 303-289-8555 s . s 10100 Dallas St tlenderson CO 80640 ·• • • . ...... .. . -, .. . ·, . ' . .. ,,. . . .. · ... -" .. . ... ... . ·.~. ·, .. . ... . ... I . ... t . ' ~ ·~· ~ ... f •. .. : ..... V • • .. ·,. ~er's Estimate: SHal2 Total Bid . s . . • . 155,190.00 • 432,MI.OO • 11,121.00 • 451,173.00 . s . . s . . s . Site I: Site 2: Total: Exceptions: NOBID Bid Alternate NOBID Bid Alternate S...Bld Bid Alternate 1 TOTAL NOBID Bid Allemllle NOBID Bid Altamate NOBIO Bid Alllmata \, ' • $ 285,152.00 0 $ 134,876.00 $ 420,028.00 • ~ ..... ,u ... 11, ............ ~p O C.UWIIIII,... Technaluw Caeeln. :Abt a..a.1 ............. Al.It .. ,, .. ~ .. Al.t1 TOTAL 111111a-,..__ ...... .._ ............ undlr....., ..... . P!J!c!No. I0-1701.-1201 . 90-1701-6Gll2 -.170W1lill3 I0-17DM1201 9D-1101.e1I01 -.1101-6Gltt tlCID.D $12,000 . 110.000 ............... '4,Cllll ..... lnllllol .... ......... ---........ 2DD6 ... _...._,...IDF al ua• .................. ..... ....-.......... ..... ---.-.......... .. "-2a I dw ... -.._ .................... IIDUsaliAii ....... .................. ~ -----ID~ C ( ·• • 1. 2. 3. ean to oroe~.m. ,-~ Pledge of Allegiance 4. Roll call Members: ___ absent 5. --cc ~/C,.05minutes I COUNCIL • MNllrlg WOlltlng - • \ ·---i. ' I \ •· • __,_ A.NI 70-;;-~~~ fl#Y ~ .... ~ .. -1/3/J ~ 'JJy/.Nv ' • • fa 0 . . ... . .. . . . . . . ' • • 1. • • AGENDA FOR THE REGULAR MEETING OF E ENGLEWOOD CllY COUNCIL MONDAY, JUNE 6, 200S 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 0 0 \ 2. Invocation. 3 . Pledge of Allegianc 4 . RollCSI. {)1/7 ~ 5. Consideration of Minutes of Previous Session. tfff'?-t?.;ooie, from "'· RegulM c;1y Couocil ""'""• of May 16, 2005. ~ o ition of Scheduled Public Commenl (Please limit your presentation to ten minutes.) Members of Englewood's Firefighter Combat Challenge Team will be present to address City Council regarding the upcoming Firefighter Combat ChaUenge. 7 . Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. for unscheduled public comment may be limited to 45 minutes and if limited~ ~AA~ ~e~~~~~~~~iyo,-r,-~ .. munications, Proclamations, and Appointments. ff ~~ . /,/ ~nt Agenda Items. l./9 ti,. i-2 .t,. C-/ '-' r r ~ a. -Approval of Ordinances on First Reading. i. Council Btll No, 25 -Recommendation from the Department of Safety Services to aclopt a bill for an ordinance accepting a Victim Assistance Law Enforcement (VALE) Grant for 2006 in the amount of $15,000. STAFF SOUia: Chris <>hon, Director of ~ety Setvicft. Pl ease note: If you have a disabthty and llffd au,cuy aids or services. please notify the City of Englewood (303-762 -2 407) at least 48 hours in ad\ance of when lefVICN are needed. Th.nk you. ' • • Eng l ewood City Council Agenda Jun e 6, 2005 Page2 b. C. ii. Council Bill No. 21,-Recommendation from the Department of Finance and A<l'ministrative Services to adopt a bill for an ordinance adding N Acupuncturists Licensed with the State of Colorado" as an additional exemption from the licensing requirements for massage therapists. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Sen,,iCH . Appr°:1:Jl-Ordinances on Second Reading. Resolutions and Motions. i. Recommendation from the Englewood Library Carpet Committee to approve, by motion, a contract to purchase and installation of tile type carpet to replace exrshng carpet that is worn and torn. Staff recommends awarding the contract to the lowest responsive bidder, Resource Colorado, Inc., in the amount of $121,826.32. STAFF SOURCE: Rick Kahm, Director of Public Works, and Hank Long, Director of Library. i. Council Bill No. 22 -Recommendation from the Englewood Transportation Advisory Committee (ETAC) to adopt a bill for an ordinance increasing member terms for ETAC from two years to four years and to increase officer terms from one year to two years . STAFF SOURCE~ Director of Publk ~~ #., , ex officio.~ -• I' J:j90-r3?f ~~'S" t:.:#~ ~ Please note: If you ha e a disab· and need au><iliary aids or sen,ices, please nolify the City of En (3 03 -7 62 -2 407) at least 48 hours in advance of when services are needed . Thank ' .. .. • • Engl ewood City Council Agenda June 6, 2005 Page 3 D 0 , ' • • Englewood City Council Agenda Jun e 6, 2005 Page 4 • Public Library meeting of April 12, 2005. • Transportation Advisory Committee meeting of April 14, 2005. • Urban Renewal Authority meeting of January 12, 2005. ease nole: If ou h;we a de~ly and nttd audia,y aids o, K'MCN. ~ notify the Oty of [natewood ()OJ.762-2 7) I ~a t 48 hours in advMlee ol when sev.ces -,-ded.. Think you. t • • Leigh Ann Hoffhines From: Sent: To: Subject: Alex Habenicht [alexashcom@yahoo.com] Monday, June 06, 2005 12:26 AM Info Mayor Garrett and Members of Englewood City Council Please forward this to members of the Englewood City Council. Dear Englewood City Council Members, I will not be able to attend the June 6, 2005 meeting of the Englewood City Council. Please enter into your record that I encourage Council to defeat the ordinance changing the designation of historical sites in Englewood. I understand that the current ordinance may be ambiguous, but it protects the interests of community without harming the interest of property owners. I understand the the proposed change would not allow for citizens to request historical designatiion for property not directly owned by them. While property rights are important, the rights of posterity, I believe, are equally important when historically valuable property is about to be destroyed. Please defeat the current proposal and rework the current ordinance to reflect BOTH the good of the community with adquate provision for property owners to be compensated. Thank you for your consideration. Sincerely, Alexandra Habenicht 515 West Tufts Ave . Englewood, Colorado 80110 303-761-7552 alexashcom@yahoo.com Discover Yahoo! Get on -the-go sports scoi:es, stock quotes, news and more. Check it out! http://discover.yahoo .com/mobile .html • •