The URL can be used to link to this page

Home My WebLink About2004-01-20 (Regular) Meeting Agenda Packet- ' ..... \,'" .;, •• • • ... · ..... •': .. ; •' • . ... . •' ~· f ,!' ::\ ·• . ~ .. ', •.: .. \, .. . .. ... \. ,. ~ .. ·· .. '. . \. •,' · .... : .• ~ .. •. · .. ~. .. . Regular City Council Meeting January 20, 2004 Ordinance II\\ 7, B, 9, 10, 11, 12, 13 Resolution II \ 4, 5, 6, 7, 8, 9, 10, 11, 12, t 3 . . ) • -"' . .. ., .. . .. .. 0 .. • . • . ,,. . • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 20, 2004 I . C.U to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:31 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae or A11epaDce The Pledge of Allegiance was led by Mayor Garrett . 4 . RollC.U Present: Absent : A quorum was present. Al so present : 5. Minutes Council Members Tomasso, Moore , Barrentine, Garrett, Bradshaw, Wolosyn, Yurchick None City Manager Scan City Attorney Brotzman AssiSlallt City Manqcr Flaherty Deputy City Clert White Director Olson. Safety Scrviccs Director Gryglewicz. Finance and Adminislrative Scrviccs Dim:tor Rou, Public Works Director Simpson, Community Development Senior Planner Lanaon. Community Development (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING or JANUARY 5, 2004. Mayor Garrett asked if there were any corrections or additions . There were none. Ayes : Nays : Abstain : Mo1ion carried . 6 . Scheduled Vll.llon Council Members Bancnti ne, Moore. Bradshaw. Ganeu. Yurch ick , TOIIIUIO None Counci l Member Wolosyn .. ., • • Enalewood City CouncU January 20, 2004 Pqe2 (a) Representatives from the organizations receiving Aid to Other Agencies funding from the City of Englewood, were present to accept their checks . Mayor Garrett said each year the City, as part of their budget, contributes money to some of the worthy causes around OW' community. Mayor Garrett presented a check to Council Member Bradshaw as the representative for Arapahoe County Metropolitan Mayors and Commissioners Youth Award. Ms. Bradshaw said Arapahoe Mayon and Commissioners use the awards as a program. to recognize children, who probably are not always on the honor rolls, and children who are probably not always yow-best attendees, but they are Irids who have overcome phenomenal hardships. I had the honor this fall of having one of OW' recipients of the Metro Mayon Youth Award in my si-;h class. She would not be in college ifit were: not for this program. So, that is a good thing right there. There was applause . Mayor Garrett presented a check to M. D. Nason for the Arapahoe Philharmonic. Mayor Garrett presented a check to Ms . Kim Condreay for Englewood High School After Prom. Mayor Garrett presented a check to Ms . Jane Moore for the Englewood Cultural Arts Center Association. Mayor Gam:tt presented a check to Ms . Judy Rough for the Food Bank of the Rockies . Mayor Garrett presented a check to Ms. Marilyn Spinner for Hospice of Metro Denver. Mayor Garrett presented a check to Ms. Sandra Blythe-Perry for Inter-Faith Task Force . Mayor Garrett presented a check to Ms. Jan Andrus for Town of Littleton Carel/Meals on Wheels. Mayor Garrett presented a check to the representative of Englewood Soutbsiders Special Olympics Program. Mayor Garrett presented a check to Mr. Eric Bertouzzi for Up Close and Mlllical. Mayor Garrett presented a check to Ms. Anne Robinson for COW'! House, Inc. Mayor Gam:tt presented a check to Ms. BeBe Kleinman for Doctors Care . Mayor Garrett presented a check to Ms. Linda James of the Gateway Battered Women '1 Shelter. 7. Umcbeduled Vllllton There were no unscheduled visitors . 8. Communications, Prodaamtlom and Appolaa-ts There were no communications, proclamations or appointment.s . 9 . Public Heartna No public hearing was scheduled before Council . (a) Approval of Ordinances on First Readina t . .. .. • • Englewood City Council January 20, 2004 Page3 • ·• • • There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading 0 CJ There were no additional items submitted for approval on second reading. (Sec Agenda Item 11 -Regular Agenda.) (c) Resolutions and Motions COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I), (II) and (W). (i) RESOLUTION NO. 3. SERIES OF 2004 A RESOLUTION ADJUSTING THE BEGINNING AND ENDING TOT AL FUND BALANCE AND SALES AND USE TAX REVENUE ESTIMATES FOR THE CITY OF ENGLEWOOD 2004 BUDGET. (ii) PURCHASE OF FOUR FREIOHTLINER DUMP TRUCKS FROM TRANSWEST TRUCKS IN THE AMOUNT OF $265.004.00. (iii) PURCHASE OF A STREET SWEEPER FROM FARIS MAClDNERY IN THE AMOUNT OF $97,805.00 Vote results: Motion carried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso Nays : None 11 . Regular Aaenda (a) Approval of Ordinances on First Reading There were no items submiued for approval on first reading . (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) AND (II). (i) ORDINANCE NO. 5 , SERIES OF 2003/2004 (COUNCIL BILL NO . 83, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE REPEALlNG TITLES 10 AND 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN T HEIR ENTIRETY , AND APPROVING THE ADOPTION OF THE UNIFIED DEVELOPMENT CODE AS A REENACTMENT OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS RE COMMENDED BY THE ENGLEWOOD PLANNING AND ZONING C OMMISSION. (ii) ORDINANCE NO. 6 , SERIES OF 2003/2004 (COUNCIL BILL NO . 84 , IN T ROD UCE D BY CO UNCIL MEMBER WOLOSYN) ' ... .. • • Enpewood City Council January 20, 2004 Pqe4 AN ORDINANCE AMENDING TITLES 1, 6, 8, 9 AND 15 OF THE ENGLEWOOD MUNICIPAL CODE2000. Mayor Garrett asked if there were any comments or discussion. There was none. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Yun:hick. Tomasso None {c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 10 -Consent Agenda.) 12. General Dllcusslon (a) Mayor's Choice (i) Mayor Garrett said I usually meet with City Manager Sears and City Attorney Brotzman on Wednesday mornings. He said everyone has a standing invitation, but because of the delay to the holiday, Mr. Sears has not had an opponunity to have his staff meeting. We generally like to have our meeting after that. This came up after I left the office and I did not have my calendar. but it will probably be either late tomorrow afternoon or early Thursday morning. If anyone is interested in attending this panicular one, let me know and I can e-mail you when I have a specific time. (ii) Mayor Garrett said the Scientific and Cultural Facilities District is going back to the State Legislature. to request a re-authorization to go to the votas this fall. to renew that particular tax . They have asked that City Councils propose a resolution in suppon of this. So, I thought I would see if we were interested in doing that, and if we are, we will put it on the next agenda . All of the Council members agreed. Mayor Garrett said I have a draft resolution in the paclcet. if you could talce a look at that. {iii) Mayor Garrett said CML will give us more information but I think they are also looking for suppon from City Councils dealing with the Urban Renewal Bill that has currently been introduced. He said based on what I heard tonight, in my view, it may be a bit premature to talce a position on that bill until we see how it evolves. Senator Dyer suagested it would probably evolve as it comes out of committee. M ayor Garrett asked if anyone would like to take a position now or should we wait and see how it looks. Council Member Barrentine said, unfonunately. Senator Allard's ...-utive came a little late, but I had a chance to talk to him for just a minllle and he said, specifically, he hu infomwion on aome issues regarding that on a Federal level . So we might want to have them COIJ¥' beck. I told him we were just talking about housing and we could always put him on the agenda another time if it is pertinent to what we want todo . Council Member Barrentine said I toak his card and we may want to check that out. Mayor Garrett said why don 't yo u check with him and see what information you can pt. ' • • -- Enpwood City Council January 20, 2004 PqeS Council Member Bradshaw said he has always been real responsive . 0 (iv) Mayor Garrett said the moratorium on the Admission Tax expires in a little over a month. We probably haven't really talked about whether we would like to continue the moratorium or not. So, I thought I would put that on a Study Session in the next couple of weeks. Council Member Yurchick said do we want to notify the businesses that are directly affected by it? Mayor Garrett said if the consensus is that we would like to talk about it, we probably should notify the two businesses in particular that it affects ... which are the Gothic Theatre and Funtastic Nathan's. Council Member Wolosyn said should we keep ACE apprised, since they recommended it initially? Council Member Yurchick said do you want them to look at it first? Mayor Garrett said do they have time and do they have a meeting yet this month? Council Member Yurchick said no, we have met this month. Mayor Garrett said when do they meet in February? Council Member Yurchick said it is the second Thursday in the month. Council Member Barrentine said Englewood wasn't the only one that did something like that, were they? Council Member Yurchick said no. Mayor Garrett said I think we should notify the two owners and at least get their input as soon as we can. Council Member Bradshaw said I also think, with that information, we need to keep track of how many services we provide to those busineases ... above and beyond the regular business on Broadway. Mayor Garrett said I also think we need to know if they would be willing to share their sales tax input. He said that would be a part of it as well, but. that would be their choice on whether they want to share that information with us or not. (v) Mayor Garrett said I was at a meeting on Saturday and I was given a one-hour free parking pass . I deposited that in the City Manager's Office. Mr. Garrett said if any of us need to go downtown on official business for Englewood, there is a pass that we can use at most of the meters, not all o f the meters ... some are prohibited, but it is there for our use. So, anybody that needs to borrow that, it is there. (vi) Mayor Garrett said we received a request from St. Louis School and the children there, to pass a proclamation dealing with National Catholic Schools Week. This was sort of a late request and this is the only time available for us to consider this, so, we may not have had proper time. He said there were some materials that were upstairs and I don't know whether anyone had time to look at them. He staled, usually, we like to see these in advance so that we have a chance to digest them and so forth, but I will leave it up to the Council's pleasure as 10 what they would like to do. Council Member Bradshaw said I have no problem with it. ' • • EnaJewood City CouncU January 20, 2004 Page6 0 Mayor Garrett said if we receive other requests for any other type of school system, would we do the same. He said if the answer is yes, then I don't sec that there is much issue. Mayor Garret asked if there were any opinions one-way or the other. All Council members agreed that all would be treated the same. Mayor Garrett read the proclamation in its entirety . MAYOR GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION FOR CATHOLIC SCHOOLS WEEK. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None (b) Council Members' Choice (i) Council Member Tomasso said the Historical Society had a question about Casey Jones' rifle being locked in the Historical Society room. Mr. Tomasso asked ifit violates the gun law that is stated on EEF's policy posted on the front door of Civic Center, pertaining to not allowing a gun in the building. He said we need a clarification on that. City Attorney ·Brotzman said no, that is not a violation. We actually looked at that and that is a non- functioning gun. Council Member Tomasso said okay, it is a non-functioning gun. City Attorney Brotzman said that is correct. Council Member Tomasso said thank you. (ii) Council Member Yurchick said I won't be here for the meeting on February 2o,1 . (iii) Couacil Member Wolosyn : I . She said k.udos to the Department of Safety Services Fire Division on the grant that we received notification of in our packets. 2 . She said along with the material for the Study Session on the legislative issues, there was a report from Lauri Dannemillcr about the CML workshop. In it she suggested that Council might want to adopt some sort of procedure because we have so many issues coming up , which I think your Council 's choice illustrated , so, wc might want 10 address this. Could we put that on the Study Session next week or maybe the week after? She said maybe we can adopt a procedure or process whcR wc can, say quarterly or maybe once a month, just 10 go through and look al issues that arc coming up and sec if there arc ones that require us lo have action on our part. City Manager Scars said if I could also mention, ii docs seem that this year in particular, there arc a large number of issues that arc having an impact on us and I have asked Bob to work with me and to have Lauri step up her connection and responsibility, so she could provide better information to both Staff and the City Council on these issues . We don't really have a person designated to do that but I am pleased with the way Lauri approaches things and I think Council has been, also. So, wc can add that to the diacuuion as wc talk about it next week . t .... .. . ,., t • • Enpewood City Coundl January 20, 2004 Pqe7 3. Council Member Wolosyn said I have one other thing . The Cultural Arts Commission has been working with the Museum of Outdoor Arts about the possibility of putting a piece of an in the roundabout. MOA has arranged with regional anist Robert Mangold to give a loan of a pretty major piece that is tentatively scheduled to be placed there this week. There arc details still to be met . This is a faster timcline than I thought was coming down the road, so, this piece may go in on Thursday. It is a donation and the Cultural Arts Commission is going to cover, from the I% fund, the installation, which was estimated between one thousand and two thousand dollars. Mayor Garrett said it is a loan and not a donation, right? Ms . Wolosyn said yes. an indefinite loan . It is sort of the same thing with the pieces that arc along the parkway . I just wanted to give everybody a heads up on that. Council Member Yun:hick said I thought that was one of the sites they used for the Design and Build displays . Ms . Wolosyn said they have in the past, but, as I understand it, the roundabout was designed with the intention of having a permanent piece of an there. And so, here it is. (iv) Council Member Bradshaw: I . She said along that line, I am concerned about the placement of the new piece of an there on the south side of the piuza. Only because, in the summer that is where a lot of people sit for conccru and it is right smack dab in the way . I don't mind MOA putting different things in there, but I think they need to also take into account the needs of the audience, because many, many people sit on that side. Mayor Garrett said besides it is the only shade there . Council Member Bradshaw said that is right. I would like to sec that one piece moved . Council Member Wolosyn said MOA has performances there also . Ms . Bradshaw said , well , it is really an important seating area and it is, also, easily accessible for people with physical disabilities . So, if we could take a look at that. 2. She said John Cook bought an auto lot at 3255 South Broadway. It was in the papers a week ago Saturday. So, the other thing that concerned me,just as an FYI , is that it was in what was for sale. He paid a good pri ce . I think he bought Harry 's .. .I think that is Harry 's lot . 3. She said in thi s legislative paper that Mr. Aahcrty and Mr . Scars put together, they talk about the impac ts with the Automobile Dealers Association and Englewood . With one car dealer for every 515 peo ple , it has the highest number of dealers , per capita, of any city in the Denver metro area . The Denver metro average is one dealer for every 66 hundred people. I just wanted to point that out, because it bothers me. (v) Council Member Moore said there is a good chance that I will also be absent from the February 2 ... Study Session . So that would be two of us . Mayor Garrett said that is a regular meeting as well . Mr . Moore said yes, five is still , hopefull y. an acccpcablc number for a quorum and I will know within the nex t few days if th at is an iss ue or no t. ' .... .. • • Eapwood City CouDdl J~J0,2804 Patel (vi) Council Member Barrentine: I . She said I was requested to bring some ablelllee ballots for lhe upcoming recall election. It is going to be a polling place election and it is a very expensive proc:edure, but if anybody needs them I happen to have them. so I would be happy to pass them ouL 2. She said I talked to Mr. TOIDISIO and we talked to Sue Bradshaw about lhe CML worbbopl. I received a notic:e in my packet. and I undenland IIIOlt new Council memben ao to dlia. The Effective Governance -Raoun:es & Skills for elected officiala is on February 21• and lhe COil would be $70.00. The 2004 Legillalive Worbhop is on February ~ and -id be $85.00. After Mr. Tomuao and I tallted to Sue Bradshaw, ahe said we lhould bring it to Council. Mayor Oamtt said you are seeking approval for SISS.00? Council Member Barrentine said ya. Council Member Tomuso said I just want to attend lhe fint one; I won't be able to aaend lhe one on February s•. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER BARRENTINE'S A Tl'ENDANCE AT EnECTIVE GOVERNANCE· RFSOURCF.S & SKILLS FOR ELECTED OfflCIAI.S WORKSHOP AND 11IE _. LEGISLATIVE WORKSHOP AND FOR COUNCIL MEMBER TOMASSO TO ATl'END 11IE EFFECTIVE GOVERNMENTS IN RFSOURCE AND SKILLS FOR ELECTED OfflCIAI.S WORKSHOP. Vote-U.: Ayes : Nays: Abstain: Motion carried. Council Members Moore, Bradshaw, 0amu. Wololyn. Y urcbick, TomlSIO None Council Member Barrentine 3. She said I also need to bring up a conccm from a call I JOI on lhe dupleua that ani at Foll and Nassau . I had an opponunity to drive by once during lhe day and didn't really -a plllicular problem to bring up. Then. I went on lhe weekend and then: were a aood 2S can parbd on die llleel in lbll -11 area. There is a landscaping business being run out of then: and Ibey are llling property lhat is vacant. and then apparendy Ibey are using another lot nellt to a house that baa been tabn over by die bank. So Ibey are using those properties, and they are up on the grass . I wasn't concemed durina die week when I wen1 by and I thought this is a little picky, but I was told to go in lhe evenina, after dart when lhe landacapina people are back or on the weekend . So, when I did go on lhe weekend, I saw a sipiflCllll problem over there . Council Member Yurchick sai d that is Nassau Way, not Nassau. Ms. Barrentine said right. I got a litde confused around there, lryina to drive around 10 aee if dllSe wu a similar issue , on other blocks . Ms . Barrentine said there is a significant amount of can for that very small area. 10 if that is lhe case. I would assume there is an occupancy problem as well . I was just conc:emed. 13 . City Muqer'1 Report Enpewood City Coundl January 20, 2004 Pqe9 (a) City Manager Sears said the only thing I would like to add is that this is an important CML session and there will be one or two staff people that will also be there. If there are some Council members that would like to take another look at that, we do have some time to bring that back to Council for the February 2"" =ting. ' Council Member Wolosyn said I would like to look at my schedule. Last year Council Member Bradshaw and I went and I thought it was a good thing for us and I would like to go again, if my schedule permits. City Manager Sears said there will be a number of staff people and myself attending that Legislative meeting, February 5a also . It is a very, very important meeting, because, generally, the President of the Senate does speak and Governor Owens, I think. is scheduled to also speak that day, especially on issues that concern us . I encourage Council to take a look at their schedule and I would just ask you to go . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjounumot Mayor Garrett said we arc going to adjourn this meeting and Council has some unfinished business from our Boards and Commissions work from last week, so we arc going to continue on upstairs . We will see you there. Thank you . . 1. 2. 3. 4 . ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, JANUARY 20, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. 1:.3/ f)· m. Invocation. ~ Pledge of Allegiance. ~ RollCall. ah 1~ 5. Minutes. '--Ji ,-,.._t_ . . . . !Jrf ~ Minutes from the Regular City Council meeting of January 5, 2004I. '1/ ~ I 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Aid to Other Agencies recipients will be pre sent to accept the City's financial contributions for 2004. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) 'e- 8 . Communications, Proclamations, and Appointments. ff 9 . Public Hearing. (No Public Hearing Scheduled) $ !'tease note: If you have a disabmty and need auxiliMy aids or services, pl9se notify the City of Englewood (303· 762-2405) at least 48 hours in advance of when servkes are needed. 11wlk ' ..... .. • • 0 . "' .... Englewood City Council Agenda January 20, 2004 Page 2 /} -#/j~ ~/tJe.i-iii ~o . ~~ ~~ ~ "'"<f:·--ClffJ · 1 0 a. App~ of Ordinances on First Reading . b . Ap~of Ordinances on Second Reading. c. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution adjusting beginning and ending Total Fund Balance and the Sales and Use Tax Revenue Estimates for the 2004 Budget STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Recommendation from the Department of Public Works to approve, by motion, the purchase of four Freighdiner Dump Trucks. Staff recommends awarding the bid to Transwest Trucks in the amount of $265,004. STAFF SOURCE: Ken Ross, Director of Public Works. iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of a Street Sweeper. Staff recommends awarding the oicftfirough the Colorado State Bid process to Faris Machinery in the amount of $97,805. STAFF SOURCE: Ken Ross, Director of Public WorkL (J,-~ ~:__;eg~::J:;,1~n~-a5 4JpMJt>L ~~I/bi' 4-jj Vu~ a. Aprjji' cib;di~ances on First Reading. . b. Approval of Ordinances on Second Reading. {JlJ/1. 5 i. Council Bill No. 83, Unified Development Code. {)';J ~ _le_ ii. Council Bill No. 84, Unified Development Code Companion Ordinance. c. Resolutions and Motions. t .. • • Englewood City Council Agenda January 20, 2004 Page 3 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. <3: !Of ·m · The following minutes were transmitted to City Council between December 19, 2003 and January 15, 2004: • Englewood Liquor Licensing Authority meeting of October 15, 2003 • Englewood Housing Authority meeting of November 5, 2003 • Englewood Parks and Recreation Commission meetings of November 13 and December 11, 2003 • Englewood Cultural Arts Commission meeting of December 3, 2003 • Englewood Public Library Board meeting of December 9, 2003 • Englewood Transportation Advisory Committee meeting of December 11, 2003 • Englewood Planni ng and Zoning Commission meeting of December 16, 2003 -------------------------------~,.------, Please nole: If you have a disability and need auxiliary aids or seNices, ~ notify the City of Englewood (3 03 -762 -2405) at least 48 hours in advance of when services are needed. Thank -- • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rep)ar Session January 5, 2004 l. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :40 p.m . 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledae or Allepance The Pledge of Allegiance was led by Mayor Garren . 4 . RoUCall Present : Absent : A quorum was present. Also present : 5 . Minutes Council Members Tomasso . Moore. Barrentine. Garrett. Bradshaw , Yurchick Council Member Wolosyn City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Senior Planner Langon , Community Development Director Simpson , Community Development Director Olson. Safety Services Director Gryglewicz. Finance and Administrative Services Director Ingle. Information Technology Director Long, Library Director Kahm . Capital Projects Manager of Admini stration Bock . Utilitie s Sa (a ) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 15, 2003 , :Mayor Garre tt asked if there was any di scussion. co mments or corr ec ti ons . There was none . Vole "5Ull5: Mouon .:arned. Ayes : Nays : bse nt : 6 . Scheduled Vlliton Counc il Members Barrenune . Moore. Bradshaw . Garrett. Yurchick. Tomasso No ne Couoc1l Member Wolosyn ' . .. • • --- 0 Englewood City Council January S, 2004 Page 2 There were no sc heduled visitors . 7. Unscheduled Visitors There were no unscheduled visitors. ·• • • 8. Communications, Proclamations and Appointments There were no communications, proclamations or appointments. 9. Public Hearing (a) Mayor Garrett advised that this is a public hearing to gather citizen input on Council Bill No. 83 , approving the Unified Development Code. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 83, APPROVING THE UNIFIED DEVELOPMENT CODE. Ayes: Council Members Barrentine. Moore. Bradshaw. Garrett. Yurchick. Tomasso Nays : None Absent: Council Member Wolosyn Motion carried and the Public Hearing opened. All witnesses were duly sworn . Senior Planner Langon said for your consideration tonight is a Public Hearing for a bill for an ordinance to adopt the Unified Development Code. which is the repeal in its entirety of Title 10: Land Subdivision and Title 16 : Zoning Regulatio ns of the Englewood Municipal Code. The first reading was on December 15. 2003 . Proof of Publicurion of Notice of this public hearing , which was published in the Englewood Herald o n December 19, 2003. has already been submitted lo the City Clerk. Council is ve ry familiar with thc Unified Development Code. after multiple sessions and meetings. This is a three plus. concenuated. year proJect and multiple years beyond that. .. to rewrite the Zoning Ordinance. The first zoning ordinance in the City was in the 1940's and rewrites occurred in the 1950's and 1960 's. The last major revisions were in 1985 . Numerous amendments have occurred in that lime period since 1985 . with a number of inconsistencies and outdated references that made the Code difficult to use and administer and understand . Council directed staff to prepare a coordinated subdivision und zoning regulation update, to minimize those inconsistencies and problems within the Code. lO provide sta ndardized development ·procedures. flexible development o pportunities and dearer standards . That was our direction and that is what we hope we have achieved in the Unified Development Code . The Planning Comm1ss1on. at a Public Hearing . considered the Unified Development Code on September 16 . 2003 and that Comm1ss1on recommended approval of the Uni tied Development Code by a vo te o f 7 to 0 . The Uni tied Development Code as a comprehensive rev1s1on of the zoning and land subdivmon regulations that reorganizes and updates those regulauons into a single coordinated document. Our goals were to maintain the essential c haracter of the existing zone districts, 10 update the Code. lO simplify the admin1s1rauon and procedures of the Code and 10 establish tlexible development opponunuies based on clearer standards . Under the proposed UDC. no land is being rezoned . You have. within your packet . a new zoning map . The zoning map as part of the Unified Development Code. New names ha ve been applied 10 some of the di stncts and they are listed in the overview . which i attached 10 the staff report . There .u-e no substanuve changes 10 everal sections. incl udin g landscaping. parking, signs. hi storic prescrvauon. tlood plain, teleco mmunicau o ns and non-co nforming uses . Those areas will be considered in Phase ::! or. potentially. even more pha ses . Those areas wall be ,ons1dered JI future Council Study Sessions 10 1dent1fy the priorities and the o rder m which we work on each o f those .ccuons. Because of the 101al reformat of the Code. n hnc-by-linc co mpari so n. that yo u are 1yp1cally used 10 . i not available and that as why the overview has been auached 10 pro vide an overview of the changes wuhm the Code . There are four types of ,han11cs . There .arc technical change, ,u,h as the format 11self .1nd the tlow-c hart s and table have been included 1n the new UDC 10 make 11 ' . ... .. • • 0 Englewood City Council January S, 2004 Page3 ·• • • easier lO use and understand . There is some new material that is not in the current Code ... definitions and standards. such as storm water drainage and erosion control. Those are areas that have not previously been within the Code. There is new material, which brings us up to community standards. There are minor updates for clarity and to codify policies that the City has followed for years. such as the effective date of a plat. The zoning map is an example of the update, where only the names are changed ... the land is not being rezoned in any way. shape or form . Then the key changes are Llic substantive policy changes and those we reviewed at the first reading. They are the establishment of the Residential Design Standards , including bulk plane requirements. garage placement, setbacks and building height requirements. and a new Transit Station Area District zone category. Again, no land is being zoned to that category, it is just creating the zone district. There are new procedures incorporated into the UOC for Limited Review Permits and Temporary Use Permits. There is new variance criteria and Administrative Adjustments for typical zoning variances that are minor in nature and will be able to be handled administratively. New procedures for Land Subdivisions and the removal of an unused zone district, the R-2-C/SPS Residential District, that was never, ever applied. We have been addressing the update of the ordinan.:e through the Web. there is a copy available in the Library, there are CD's available from the City Clerk's office, notices will be available once we move through the Public Hearing phase and adoption of effective dates so that we know what 's going to be presented. They will be presented in the Citizen, and at the Building division counter. We arc developing a Frequently Asked Questions report and we are still working on a method to contact the building contractors so that they are aware of some of the changes within the Code. As I said, in Phase 2, which begins this spring. we will be looking at other areas and we 'll be having discussions. with Council. to set those priorities . Those arc areas that will definitely involve more public involvement. because they are more specific topics . The changes presented here involve a format change. changes for the sake of clarity and updates to bring things up to current standards. Ms. Langon said if there arc any questions. I would be happy to answer them. Mayor Garrett asked if there were any questions . Council Member Yurchick said I have one question for clarification or it may just be a typo . The PUD 6 ... that you have marked on the map ... University Homes ... is that this little area off of University. between Cornell and Dartmouth. which says PUD 4? It is so small. I can't even read it with my glasses . Ms. Langon said in that area.just north of the Korean Emmanuel Church at Dartmouth and University, there is a vacant lot. Council Member Yurchick asked if it should be PUD 6 and not PUD 4? He said we have a PUD 4 down by Craig. Ms. Langon said the little area at University should be PUD 6 . Mr . Yurchick said it says 4 on mine . that is what it looks like , but I can ·1 tell because it is so tiny. Ms . Langon said I will double-check it on a lar ger map to confirm that it ,s PUD 6 . Mayor Garrett asked if there were any other questions for Ms . Langon . There were none . Mayor Garrett thanked Ms .• Langon . Don Roth. :?830 So uth Sherman. said as a member of the Planning and Zoning Commission. we spent a great deal of time working on this . The staff spent a huge amount of time working on this issue and. unlike the Broadwa y Plan. this isn't a visio n. this is actual Code ... it's law. I am kind of surprised that no one from the public has a viewpoint o n it. The Planning and Zoning Commission co nsidered a number of viewpoints as we looked at •his Plan . We looked at it from the viewpoi nt of people who want to make improvements to their property. looked at 11 from the viewpoi nt of people who design those improvements. people who build the improve ments and of course. the staff position. as they will ha ve to administer all of this Code . The one viewpomt . that I'm not sure that we gave full ~onsidcration to. is the viewpomt of the people who will be calling yo u when o ne o f these houses goes up next door to them. In particular. one thing that makes me a little nervous about 1h1 s is the startmg pomt of a bulk plane height at I:? feet . The majority of the residences in Englc"'ood .rn: smgle -,to ry residences . Starting at a bulk plane. o n a 50 foot lot. 5 feet from the property line at 12 tcct, jllo w, yo u a full two-s tory house. and if the y become a little creative and look at some of the things that arc allowed ,n there ... like the abili ty to project into the bulk plane with gablcs ... thcy can squeeze a two and a half tory house int o a height that we arc allowing. which ,s much. much taller than anythtng that ,s out there ' ... .. • • Englewood City Council January S, 2004 Page-I o .. now . or in most neighborhoods .. .let's put it that way . It docs make me a little nervous, as s.hadows cast by this ... during 6 months of the year, the total height of the building will be the ruling factor and those shadows can extend across the major ponion of any propeny to the nonh on a 50 foot lot. Myself. I would like to sec that bulk plane lowered. Granted. we want to sec more development. but on the other hand, we may be stepping into something that we don 't want to step into, by allowing it to go quite that high. especially considering that we have increased the total building height by another 20% over what the current Code allows . By going lower. it still docsn 't preclude someone from using a higher bulk plane height. It could be achieved through the variance process. where at least the neighbors have an opportunity to comment on that . Under the current Code. with the 12 foot height, the neighbors have no ability to comment whatsoever. .. it is a use by right. That is really all I have to say. Other than that, I thinlc it is a great piece of work. I think we, and the staff. have done a great job. I think it will be a real plus for us . Thanks, he said. Council Member Moore said may I as k Mr . Roth a question? Don, I was curious ... regarding your bulk plane concerns ... arc you a lone voice from the Planning and Zoning Committee on that front? Mr . Roth said I suppose so . That's where I think more consideration was given to the other viewpoints and not much 10 that viewpoint. Mr . Moore said I assume that issue was probably debated relatively heavily? Mr . Roth said. actually. it was a rather shon debate. Mr . Moore thanked Mr . Roth . Cyndi Krieger . 2987 South Cherokee Street. said I was probably the one on the other side from Don . I am also on the Planning and Zoning Commission, although I am here more as a private citizen . I added a second story onto my house 10 years ago and it was difficult under the current zoning . I had my conccrr.s. We are losing so many kids. especially from the upper grades and it is so difficult for a family 10 stay in Englewood . I combined a family and made it even bigger and it was impossible 10 find a house that would fit my family . We were lucky we had a big lot or wc couldn·1 have done it. I think it is very important . I underst.ind what Don is saying. because it docs cast a fairly large shadow on a neighboring house. but at the same time. wc also have 10 have the ability 10 have the families. that we need. 10 keep our City going . You can't pul a full second story on most houses on a 50 foot 101 . even with the 12 foot bulk plane height. Not a full second story. the entire width of your house . And . as small as some of 1hosc houses arc ... on the 50 foot lots ... you·rc not going 10 get much of a second story. by the time you put a sta1rwcll in there . So , I think 11 is a wonderful thing that we have expanded the building envelope. both out and up. but I think the bulk plane docs help 10 miugate 1ha1. I'm a co ntractor also . so I know how many people have tried and tried to bwld in Englewood and have not been able to . because of our current zoning . So . II is really wonderful that we have done this and I think it will help us 1rcmendously . Also. I think it is a great improvement in usability . because , once again. I have used it as a co ntractor and I know how difficult it is 10 figure it out. Thanks . she said . Mayor Garrett thank ed Ms . Krieger . Mayor Garren asked 1f there was anyone who wished to add re ss the Co unc il. No one dsc came forward . COUNCIL MEMBER TOMAS.SO MOVED. AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. SJ. APPROVING THE UNIFIED DEVELOPMENT CODE. Aye : Council Members Barrcnune. Moore . Br.Mishaw . Garren. Yurch1ck , Toma S50 Nay : one Absent : Council Member Wolosyn Mouon carried and the Publ ic He:m ng dosed. Ma yo r Garre n said I believe thi s will come back on the aacndll in tw o weeks for second rc.id in1 . Council Mcmbo:r BradshJw .aid "c did put our chan1es in. Ma yor Garrett 1d yes. Council 8111 3 reflects the ~hJnges we made . t .. ·' • • Englewood City Council January 5, 2004 Pages 10. Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (ii), (Iii) and (Iv) AND 10 (c) (I), (ii), (Ill) and (Iv). (bl Approval of Ordinances on Second Reading (i) ORDINANCE NO. I, SERIES OF 2003/2004 (COUNCIL BILL NO. 89, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY . (ii) ORDINANCE NO. 2. SERIES OF 2003/2004 (COUNCIL BILL NO. 90, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR PIRATES COVE BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMP ANY OF COLORADO. (iii) ORDINANCE NO. 3, SERIES OF 2003/2004 (COUNCIL BILL NO . 91. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REPEALING THE SUNSET PROVISION FOR THE TRANSPORTATION ADVISORY COMMITTEE. (iv) ORDINANCE NO. 4. SERIES OF 2003/2004 (COUNCIL BILL NO. 93. INTRODUCED l;IY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR A FIBER OPTIC CONDUIT BETWEEN COMCAST OF COLORADO IX . LLC AND THE CITY OF ENGLEWOOD. COLORADO. (c) Resolutions and Motions (i) RESOLUTION NO . I, SERIES OF 2004 A RESOLUTION DESIGN A TING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2004. (ii ) RESOLUTION NO . 2 . SERIES OF 2004 A RESOL UTION AMENDING THE CITY OF ENGLEWOOD 'S ICMA-RC 457 DEFERRED C OMPENSATION PLAN . (iii l PURCHASE OF A PATROL VEHICLE FROM CHAMPION CHEVROLET lN THE AMOUNT OF $29 .012 .00. (iv) BILLING SYSTEM. PURCHASE OF THE HARDWARE PLATFORM FOR THE CITY'S t r m .ITY 't .... .. • • Englewood City Council January S, 2004 Page6 Vote results: ·• • • 0 Ayes : Council Members Barrentine, Moore, Bradshaw, Garren. Yurchick, Tomasso Nays: None Absent: Council Member Wolosyn Motion carried. l l. Regular Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances o n Second Reading There were no additional items submitted for approval o n second reading. (See Agenda Item IO • Consent Agenda.) (c) Resolutio ns and Motions There were no additional resolutions o r motions submitted for approval. (See Agenda Item 10 . Consent Agenda .) 12. General Discussion (a) Mayor's Choice (i) Mayor Garrett said there is an anicle that was sent to the Web site dealing with the National Safe Kids Campaign . I will pass this around for those that might be interested in seeing this . (b) Council Members' Choice (i) Council Member Barrentine : I. She said I wanted to give some kudos to the Police Depanment. I got a call from a resident on Sherman who was very happy with the way a police officer hand!~ a si tuation with pets that knocked their fence down . They were very accommodati ng and. while they didn't want to embarrass anybody. the y just wanted to say they appreciated the community feel and how they handled that But . she said. they wouldn ·1 give me the name o f the officer because they thought it would embarrass him. so they j ust said thank yo u to the Po li ce Department. " She said on anot her note also related to the Police Department. Bill and Carol Belt who were in this commun ity ... Bill Belt was a police officer in this communi ty for a long time and they moved 10 Walsenburg in March of last year ... have had jn unfonunate accident in their family . They lost a grandchild. 12 years o ld , and the y ha ve two o ther grandchildren in the hosp ital at this time . I JUSt wanted to extend my prayers and thoughts to them and tho ught that anybody that may know them. might want to do the same. 111 1 Counc il Member Moore said 1 have a few issues related to tonight's st ud y Session. Personall) I think 11 was very helpful to get a sense o f what is going o n with the Denver Seminary development . My ne\t qucsuon 1s. when exactl y I the co mmunity meeting ? I heard the 13•, but what was the time? Ms. L ingo n .aid I behe,e it's at 7 :00 p.m. at the Denver Seminary and I can send you the information and the room numb.:r. "h1ch I don't reca ll o ffhand . Mr. Moore said that would be helpful . How is the neighborhood being oottftcd~ Becau,e, I know I had not learned o f It through commumt channels . Ms. Langon said the PUD urd1nan.:c requ1r.:, thjt propcn) o "ners. "uhin 500 ti:et of the sue . b.: noc,fied and the applicant has actually ' ... •' • • -- 0 Englewood City Council January 5, 2004 Page7 0 gone slightly beyond that 500 feet, which covers an area of about half or two thirds of Kent Village . They actually completed Kent Village and up Race Street, Floyd Avenue and Floyd Place. Also. the notification is not limited to just Englewood residents. Actually, Cherry Hills Village, Arapahoe County and just a few houses within Denver, received notification . Mr. Moore said okay, very good. Mr. Moore said I have a follow up question, I would like to try to get resolved ... as David Tryba did mention his view of the maximum height. If possible before the next meeting, I would like clarification of how high he really could push the buildings. if that was his sole intent. .. so what kind of falls under his by right. Then just the final question is that some of the residents have asked if, before the next ~ting, they could just get copies of the same material that we had in our packet. If it is possible, if maybe I could get five or six copies that I could gi vc them to some of the neighbors and share them . The time frame is a little tight, but if you just let me know. I will pick them up . City Manager Scars said I know they gave us 24 copies, but I am not sure how many we were able to send out to staff and Council. but I know we could easily get 5 to 10 copies over to you . Mr. Moore said that would be great . Mr . Sears said we will get them over to yo u tomorrow. Mr . Moore said very good, thank you. (iii ) Council Member Bradshaw: I. She said Happy New Year . 2. She said there are so me problems with an intermittent light . and I guess this would be under Ken Ro ss. and he is not here . or Ladd Vostry. The light at Kenyon and Windermere, as yo u come down and around the Sports Authority. the light is intermittent, if it works at all, at night ... the street light there. It is almost like it is on the wrong comer. Can we look at that? I don 't know that we can change it . but can we at least make sure it is working? 3. She said I had a brief discussion with Brian at Mile High Coffee and he is really excited about getting the Farmers · Market going thi s year. He wanted to know if there would be Council suppon for him to do that with the Loyalist & Patriot guy. What they really want to do is try to work out a coordinated effon like on Tuesday nights when we have the kids down there . for the kid activities. and Thursday nights we have the Dr . C reek Concens. Are they moving over to CityCenter'? Okay , the y are moving over. Maybe if we could combine our effons. because on Wednesday nights he can get a Farmers Market in here. It is just that Saturdays arc so hard . So maybe. she sa id. we could look at thi s. City Manager Sears said we ha ve Amy Doe working with us. as pan of o ur staff. but she's actually paid for by EEF. Amy's goal is 10 tr y to coordinate all of the different activities. So. I think we could make Am y the point person on this. Council Member Bradshaw said my concern is that it son of sounds like it is merchant driven , rather than City driven. and I like 1ha1 sy nergy . I think it is nice that they arc willin,<; to step up to the plate. So. if we could for m it like a comminee with merc hants. with Amy planning the activities. Because. it would be nice to have am activity down there every Wednesday night in conjunction wit h that. Maybe we could move some of our Tent Talks there. or whatever . I mean. I just think that we are missing an o pponunity. We have two businesses that are very. very interested in working with us and Brian knocked himself out last year and got little or no help . because the people go to a bigger place on Saturdays. But if we could really coordinate that, now is the ume to do it. before spring. What does Council think '! Bob Simpson sa id I actually would just interject that I agree with a ll of that . We have a conlnlCt. actually. to do the Farmers· Market . It was originally created between a different entity. a Farmers· Market e ntity. that was between that Farmers· Market Group and EEF. It is with EEF si mpl y because it operalC$ on EEF property. But . Ms. Bradshaw sa id . they all walked last year. Mr. Simpson said righl and that was one of the problems we encou ntered in that particular Farmers' Market Group. which we felt was 001 opcrauna to :i really successful capac1 1y. We looked at 11. and that ,s when Bria n stepped m and was w1lhng to do some e,tr.1 effon and ~kc o ver. We allowed him to take ove r that contract and he has c hatted wnh us about the need. 1nccrest and desire to ' ,• • • 0 Englewood City Council January S, 2004 Page8 work to try to create a bener, stronger market. We have indicaled to him that we would like to be able to extend that contract to him . It will have similar aspects to the other contract that we have to have, because we have other tenant interests that we have to make sure are addressed . But absolutely , working with Amy and coordinating some of these activities. will make it a stronger Farmers' Market and that is something that I think everybody wants . So, he said, I will be happy to continue to work and make this bener. Council Member Bradshaw said I just think it would be such a neat thing for everyone. Then if you want your groceries or you want your produce, then you go to Englewood on Wednesday nights . That would be really unique in the Denver area, rather than all the competition we have on Saturdays . Mr. Simpson said I think getting somebody who is interested in doing this and making sure they arc getting those businesses in, is going to be a really a significant factor in making it successful. I think the company that was doing it last year, had a few family issues. Ms. Bradshaw said they really dropped the ball. Mr. Simpson agreed that they really dropped the ball. (iv) Council Member Yurchick: I. He said, regarding the buildings on the north si de of the circle drive. when are we going to have tenants ... have we heard anything? Mr . Simpson said that property is still in litigation between Miller Weingarten and Trammell Crow. I believe our special counsel. Mike Miller. is looking at trying to see if we can smooth that through the process. begin trying to figure out how those s paces may be leased. and see if we can get some people in there. despite the litigation. Council Member Bradshaw said is that why the CAM is going up so much? Mr . Simpson said no . So, Mr. Yurchick said. it looks like it will be quite a while . Mr . Simpson said not necessarily. Yes, it potentially could be. That lawsuit could go on. if it doesn 't get settled positively . But, I think it is in our best interest. as a City. to see if we can get that settled. There is a demand for those stores. We have had people who are interested in being there and they just haven't been able to locate there due to the lawsuit . So. if we can get those two to communicate. it will be very positive. Trammell Crow Residential ended up closing on that · property. as you know , without having done what they were supposed to do. It was a very bad situation and we are just having to deal with that at this time. Council Member Bradshaw said I have another question . Could those work as artist studios and living quarters? Mr. Simpson said they arc tlcxible use space. but I would have to check the zoning again to see if they could be lived in. I would say probably . but I would have to check the zoning on that to be certain. Ms . Bradshaw said I think that would be a nice array of 1enants to have over there . Mr. Simpson said yes. we have artists who have shown intere st in 1hat s pace and would like to have it . We h~ve had book stores. tanning salons. attorney 's offices. arc hitects and landscape :l.l"Chi1ects offices express interest. So we have had interest. it 1s just sen ling the lawsuit . It is not a demand issue. lik e many people may think it is . Mr . Yurchick said I was just curi ous. ~ He sa id thank s for the numbers. Frank. Now my question is. do wc have $91.000.00 that we can spend ? - Mr . Gryg lewi cz said no. those are paper losses. I don 't have the sheet in front of me. but the General Fund is allocated a certain portion of that. We lend to hold o ur securities. that we invest in. to maturity. So. in reality . over time . we will recoup 1hose losses. because they arc o nl y paper losses. When they actually mature. we will cas h them in at full value. But, Mr . Yurchick said. we have written that money off of our available cash. Mr . Gryglewicz said actua ll y what we do. is we just net it o ut against o ur earnings . So you could add 11 back. You would have to do it every month . but it would be very difficult . I mean. o n the other hand. if your investments started earning more mone y then you would actually have to. in theory. redu.:c your carmngs . So. you would really tluctuate . It would be very difficult to budget. One month you could say I am lloing 10 hire you. 1hc next monrh the intere s1 rates change . now we aren't so ure . ' ... 4 ••• • • Englewood City Council January S, 2004 Page9 0 0 Bui. Mr. Yurchick said, I'm not so much looking at monthly, but looking at year-end. You know we were looking al a year-end number, which we were off ... or, potentially. there is $91,000.00 available . Mr. Gryglewicz said yes, potentially there is. But, Mr. Yurchick said, you don't want to spend it. Mr. Gryglewicz said I don't think I woul<I want to budget that way, because you are constantly having to adjust your books and looking at telling someone that. depending on interest rates, you could or could not be hCt"e. I don 't think it is a good budgeting practice. But. Mr. Yurchick said, it works against us in inflationary times, because we are overspending our available cash, right? Well, Mr. Gryglewicz said, if interest ralCS were to increase, you would potentially show losses. If interest ralCS decline in the market, then you would have gains and they would eventually work themselves out. I mean, you could add it back, theoretically, and show that, yes, this paper loss will at some time be realized and be made up and they always do. because. if we have investments that are under water. we tend to hold them until maturity, which the losses, when it matures, is gone. I mean, you can add it back in there, theoretically, and look at that at year-end, you're right. But to budget to that number and say here is $60.000.00 ... 1 don't know if! would want to do that. But. you are correct. As you can see on that pie chan. the majority of those losses or gains would be allocated to the Enterprise Funds, specifically the Utilities, who, for the most part. have all the cash . But, you are right, you could do that. (v) Council Member Tomasso: l. He said I would like 10 thank Mike Flaheny for his continuing effon with the dog park issue . I keep geuing the correspondence. 2. He said was there anything resolved with 2850 South Sherman. where the neighbors complained about that propeny? City Manager Sears said this is the issue you raised with Chris Olson? Mr . Tomasso said this is the one with the cars parked on it. The neighbors said he had a complaint filed last summer and they were looking into it and it is in much worse condition now than it was last summer. Mr. Sears said is this the one we talked to Sergeant Sanchez about? Mr . Tomasso said I think it was the Swanson propeny. I came in Monday and talked to Sue about it. C11y Manager Sears said okay. I do n·1 know. We will do a follow-up with you on that. Mr . Tomasso said it is probably 2850. there is no address on that . It is a vacant piece of propeny. City Manager Sears said okay and the complaint was from a citizen, a neighbor. about parking cars? Mr. T o mas so said he said he had been complaining about the propeny and Code Enforcement had been looking at 11. but 11 1s much worse than it was last summer. I think it is just being used as a parking lot . City Manager Sears sa id I will have mforma11on for yo u m the next day or so. C11y Manager Scars asked Chris Olson 10 get a response back on that . 3. He said the Histoncal Society was looking for their soapbox car. which may be up in the rafters of the Depot. He asked if there is anyone who knows anything about that, and possibly the baggage cart. which is somewhere at the Ser icenter. If we could JUSl get a nod, saying that it is there . They are swting to do an mveniory o n where everything is at and they just want to make sure it is there. C11y ~hnagcr Sears said we will do a fo ll ow-up with that -l He ,aid my issue wnh the Commercial Federal Bank and the discussion we had last week with the .:111zcn,. 1 1ha1 we J.te lookmg at a buildmg where we arc genmg ,-number of dollars 1n property tu and if you replace that bu1ldin1 wuh a double wide. we arc losing money . You know if you come in with a doublewide tratlcr and down ize the bu1ld1ng and replace 11. don't we lose property tax. butcally"! And the other value we Mc I ing . 1 1f yo u h~,e ~ bu1ld1ng that has been de igned by a rccogntz.xl .an:httec:I and you come 1n with ' ... •' .. • • Englewood City Council January 5, 2004 Page 10 0 someone who doesn't have those kinds of credentials and puts up a building, you arc getting less value. We are also losing office space that could be used for start-up businesses. The other thing I looked at was the demolition permit. If we have a Broadway Plan and all you need, to come in and get a demo permit, is to say you own the building and have a contractor, you can get a demo permit and punch holes in our plan, basically. think that is what happened with the car lots. There is no design oversight on what can be tom down in a commercial space'! So, if you have no control over your demolition contracts or design review, you can come in, take down the property next to you and extend your car lot. I think that is what happened with the car lots. The way I am analyzing it. And if you do develop a Broadway Plan. what 's to say. if you keep the demo contracts the way they arc, that somebody can 't just come in and demo an old building that you are kind of calculating to be in the middle of your plan. Mr. Yurchick said it is called free enterprise. But, Mr. Tomasso said, it is also like downtown. it is also like clear cuning a forest. If you come in and clear cut the forest, you don't have a forest left. If you selectively harvest that forest, you still have a forest . And if you look at our downtown section. we clear cut one block of that, basically. And that is that parking lot in front of King Soopers. We have one block left. There arc hollow spots that were clear cut behind that block, and the next section south. and it hasn't recovered. It hasn't grown back. So it is something that we need to consider ... that free enterprise demolition pn icy and where it is getting us. Mayor Garrett said except that King Soopers was approved by Council. .. the clear cuning of that. That was a policy of the City at the time . But, Mr. Tomas .;o said . I think you would have to analyze it like you would analyze maintaining a forest. because you only have so many trees to deal with and if you cut them all down. you don 't have a forest anymore . Council Member Yurchick said if you owned the forest. the management is your responsibility. If it is a U.S. Government forest. they manage the cutting. If it is privately owned. Weyerhaeuser decides how they want to cut the forest. if they want to clear cut. But that is clearly the owners' decision. But. Mr. Tomasso said. in a jurisdiction like this. it affects the neighbors. It's like you can put up a six story house on your property and it will affect the neighbor's property because of the shadow. How many buildings do you want to tear down before you don't have a downtown? Detroit did that. They came in and tore down the downtown section. You go to downtown Detroit and there were no buildings. And Denver did that a lot. It is cheaper to tear down a building and put in a parking lot. but all of a sudden you don't nave what looks to be a downtown. like you would have in Manhattan. So, he said, I think there has to be a balance there some place. Council Member Bradshaw said I think with a Broadway Plan in place ... which it could have been by now , had it not been such a huge campaign issue ... that would have helped, because that would have been a node. as it were. at Quincy and Broadway. But now that there is no Broadway Plan in place. based on campaigning by certain members, I think it is all up to free enterprise now. But also. Mr. Tomasso said. I think if yo u have a plan, yo u are going to have to look at yo ur demo permit plan too , because what if there is something else, o ther than auto dealers. that can come in and use vacant property. The City is going to lose their tax base. because you are losing your property tax if you convert everything into a blank lot . Yo u don't have any bu tldings to tax on that blank lot . But again. Council Member Bradshaw said. that is free enterprise. If somebody owns a lot, they want to raze it and put in a car lot. that 's free enterprise. What we arc trying to do is to get a higher and bener use . but we arc way behind now. We are like four months behind on even getting that. Council Member Yurchick said can I ask you a question Frank? So they put a doublcwidc trailer on there and low~r the tax value . What arc we talking about, a couple thousand bucks a year at the most'.' Mr . Gryglewicz said it really depends . If you ~onvcrtcd from commercial to residential use. that is a big, big Jump. because commercial is assessed at about three times right now. So that is a big hit. but our property taxes are fa1rl y lo w. ... •' • . ' ' • -- 0 Englewood City Council January S, 2004 Page II ·• • • " T' :,.j r---1 l I ·~..__) But, Council Member Yurchick said, taking a large commercial building and making a smaller commercial building has a minimal impact on what the City would receive. Mr . Gryglewicz said it would probably have a fairly minimal impact. unless it happened in mass and then it, potentially. could have a big impact . Council Member Tomasso said I was just looking at that, trying to decide if it is something we really need to look at. If that is where the problem with the car lots started ... with demolition . If you can just go in and remove the lot next door, pay less property taxes on it, because it is vacant and it doesn't have a building on it, and rent it to somebody for $3,000.00 a month, which is more than you could have gotten for the building . If you start doing that and you get the next property, and the next property and the next property, all of a sudden you've got all car lots. Council Member Bradshaw said hence the need for a Broadway Plan. Mayor Garrett said that specific issue is one reason we have the moratorium in place. Bob talked about extending it. because there is a balance we all struggle with ... the property owner"s rights to the property they have . versus having just a solid sheet of car lots going down Broadway. That is the reason we put a moratorium in place . We arc hoping to work out a compromise with the owners. that makes sense for all parties. Council Member Yurchick said could I ask Bob a question now? Arc they going to do more with thal IOI 1han just put up a double wide !railer or are !hey going 10 develop it and build something,else. Mr. Simpson said technically !here has been no application for demolition or even for any redevelopment on 1ha1 property al this time. We have seen plans that they arc proposing. That building would be demolished and would be replaced with. I believe. a 4 ,000 square fool building. It is a very attractive building. It is not a module or a doublewide kind of unit. It is a very attractive building, I have to say . Is it exactly what we want al chat property? N~t necessarily. ii is one of the reasons why we had proposed working on the creation of commercial design scandards along Broadway. which I think would help guide commercial development. where 1hings should be and how they need to be brought up 10 1he stret:t . 10 maintain a IOI of 1he characccr that exists on Broadway 1oday . Taking down tha1 struclure, replacing it with 4,000 square feet, 1hey were going to subdivide the property in half and tben sell the southern half for redevelopment. They didn 't specify what 1ype . And chat was where 1hey were proposing 10 go. But. Council Member Yurchick said. not a car lot . Mr. Simpson said not necessarily a car lot. Again. demolition permits were not addressed in the plan. because demolition permits are . basically. a use chat is not governed by Community Development. I think they arc governed b y 1he Building Department. Anybody can get them at any time. whenever you want chem . Then whal yo u build has 10 be a use that is consisient with the underlying zomng. That bank. other commercial uses. car locs and residential uses. are all c o nsi scent with underlying zoning there . Mayor Garrett said a car lot could no ! go in. because o f 1he moratorium . Mr. S imp son said ye s . at chis lime a car lot could not go in because o f the mora mrium . Thal is correc1. thank yo u. Bui. Co un c il Me mber To ma sso said . 1he o cher half o f that pl o1 is parking . ' Mr. Simpson said under the plan chat 1hey di scussed with us . it would have been so rneching . They didn '1 sa y parking. I don 't want 10 s peak too much for them. but their issues the y addressed with us. are that they are dealing with an o lder struc ture chat has significanl slructural and mechanical problems at chi s tirne . And from 1he 1r vie wpo int. it has o utlived ils financial life . A sec ond issue is that they were interested in looking at a scruc cure 1hu1 wa s so lel y for 1he bank . They are 1ired o f being 1enants and nght now chat structure has oc her 1enants in there and 1hey are ac cing as a landlord a nd 1hey are nae intercsced in tha1 responsibility and role an y lo nger. The C it y scaff. when we got their proposal . cook a look al it. I have to cell you. it is abso lutel y permitted under 1he zoning 1oday. There is no thing I can do. with 1he Code !IS it exiscs today. 10 stop them. But I can tell yo u. with 1h a1 said. I did talk IO them and cried IO improve 1he qualn y o fcheir plan . I do 1ha1 . that 's my Job and I tr y to do that o n ever y projecl chat come s in10 chi s Ci cy. At some !)(lint , Jn :ipphcant can say ... yo u know wh,11 , I do n'1 re all y c are and tf yo u can·1 point ii o u1 , th a111 1s in 1he regulat1 o ns. I wo n '! be do ing n . And I can '1 point o ut 1hu1 !hey have to ha ve bri c k. chat 1hcy ha ve to hu,e a certain setback. be in a particular locauo n o n chat properly. have a ny ki nd o f de sign standards or qua licy of con,1rumo n. or e vc:n that 1he, can '! JU)! tear 11 down ' • I • ' • • - 0 Englewood City Council January 5, 2004 Page 12 ·• • and leave an empty lot. As a result. rm really very muc h hamstrung on this and I can ·t go and do anything with thi s . And they , as a result, have said, we will evaluate our o ptions and we will be talking to you . And that is what they are doing right now. Mr . Simpson said I don 't mean to be so blunt, but that is the truth . But . Council Member Yurchick said, even if the Broadway Plan was in effect, they could still basically do what they are doing, couldn 't they? Mr . Simpson said absolutely. You know the Broadway Plan is a policy document, it doesn't enforce, it doesn 't create. it suggests that we do certain steps. Obviously, that Broadway Plan helps support a lot of the actions that are necessary to help continue revitalization of the Broadway Corridor. One that I think is very imponant for our community. is to address commercial design standards. And without that Plan, your basis for putting those into place is not as strong. Could you do it ? Yes, but it is just not good legal groundwork. Council Member To masso said the other possibility of finding o ne of the car lots and having the owner of that property trade them a blank lot. for that half of the property with the building on it. so that they would not have to cease operations. They could build their new bank and they wouldn·t have the cost of shutting down the bank and they wouldn ·t have the cos t of tearing down the building and it would be a trade . Would that be an option? Mr. Simpson said I don't know. Mr. Tomasso said that would eliminate a car lot. .. a blank piece of property and be a win/win s ituation if we saved the building that we could use. Mr. Simpson said yo u know there are all kinds o f possibilities and I don·t mean to sound flip here , but there are all kinds o f possibilities that could exist. At some point when they sa y, we don 't really want to talk about them anymore. we want to do what we want to do and what is permitted by the regulations, that is what I have to do and I don 't have any negotiation ground. I don't. I don 't have any ability to hold them up . They can s ubmit a plan and they can go forward . I've seen absolutely beautiful structures tom down out of this City. out o f downtown Denver. out of lots of places and they were done because they could be . So. Co uncil Member To masso said . what do you see as preventing that ? Co uncil Member Yurchick said buying the property. Mr . Simpson said that is c ertainly o ne option. You can certainly buy the property. It would not be my first reco mmendation gi ven the C ity"s current financial climate . You can regulate . That is certainly another way . Yo u c an c reate a hi stori c preservation ordinance. whereby you can begin to address structures o f this particular age c ategory and look to ward pro tection . Your c urrent historic preservation ordinance. even if it is a 50 year o ld building. wo uld not protect it fr o m demolition and that is something that doesn't c urrentl y exist. So. yo u can c reate a very stringent historic preservation ordinance that addresses newer structures and o lder structures . Yo u c an actuall y protec t it through regula,ion. Howe ver. I will tell you ... you may regulate it . but it ma y not be ve ry use ful , if th at makes sense . They ma y say, okay. yo u saved it. we will mothball it . A good exa'mple of that. and I wish it wo uld come to so me use in ti me. is the Ev ans School do wnto wn . at abo ut 13,. a nd Aco ma. It 1s an abso lut e ly bea ut iful . beaut iful struc tu re and it sho uld be prese rved and it is bemg preserved , b ut a bsolute ly not used . It 1s m very. ve ry bad shape. I wo uld hate to see us goi ng in th at d irectio n. But I mean that certa inl y 1s a possibil ity. But . Co uncil Me mber Tomasso said . with th e c urrent de mo lit ion contr ac ts . there is nothing that wo uld preve nt anythi ng fro m ha ppe ning to the Broad way Plan or any of yo ur devel o pments . There is noth ing that wo uld pre ve nt someone fr o m co min g in and putt ing ho le s in yo ur plans b y tearing things down. Mr . S impson sai d the Broad wa y Pl a n relati ve to th i pro perty 1s not an iss ue . If yo u passed the Broadway Pl an to morro w. 1t wo uldn 't c reate: a ny better sa fe guards . nc:ccssaril y. for thi s building. But. Co uncil Member Brad s haw sa id. It wo u ld have lai d the fo und:u1o n to put safe g uards m place but now that we don 't ha ve th at fo unda ti o n. we ha ve t ;,tart o ve r. M r. S impson sai d yes . The Plan creates the fo undat ions. because what 11 talk about. ideall y. 1s upport mg co mmun ity charac ter wo rking o n commerci al design standards and b)• putting those m place . then 11 all o "' us to move forward o n the ne xt step and begm to c reate those reg ula u ons that may. m fac t. do some o f "'hat you wa nt . Ms . Bradsha " said so we a rc s 1., to nine months ba.:k. m gemng those in pl ace . at least. Mr . 1mpson sa id ye s. at least. ' .. .. • • Englewood City Council January 5, 2004 Page 13 (J Council Member Barrentine said I would hazard to say that I don't think people would be anymore pleased with the Historical Society messing with their private propeny rights, than they were with what they perceived. in the Broadway Plan. under the condemnation and the takings. And, I don't think it is appropriate to do it through another vehicle. even if you believe it is for a more austere reason. I think it is the same thing that you are trying to do and that would be to interfere with their private propeny rights . Council Member Bradshaw said I agree. Ms. Barrentine said I think you will have just as much trouble making people happy about this. Council Member Tomasso said I am just trying to analyze the demo. There is no control over demo contracts. If you want to tear it down, you come in and tear it down. Council Member Bradshaw said if you own the propeny you can do with it what you want. Mr . Tomasso said okay. Ms. Bradshaw said that is private enterprise. Mr. Yurchick said except put up a car lot. Ms. Bradshaw said except put up a car lot. because we put a moratorium on that for now. Council Member Moore said. more specifically. we control the use. Ms Bradshaw said yes. Mr. Moore said we control what you put on the propeny. We have no right to tell someone what they need to keep on their propeny. You can't force someone lo keep a lemon. if that's what their view ofrhe building is at this point. It is not our place to do that . unless we are willing to buy it. Council Member Bradshaw said we've done that twice . Mr. Simpson said cenainly that is an option. If you could determine a public use for that structure. turn it into a museum for example. I'm just pointing this out as an example. One of the things you could do, you could end up declaring it for public use ... you could condemn it and use it for a public museum. You would then have 10 use it only for that purpose. because when you go that route. that is the only thing you can do. 13 . City Manager's Report (a) City Manager Sears said just some good news. We got some preliminary numben from Frank . It is good news ... not as good as I would liked to have seen. but our numbers did show that collections for the year. again from a preliminary number from December, showed a total of $20.322,000.00. As the Council may remember. we were. at one point in time in the last year. at $19 million as a budget . Council did give us some preliminary authorization to make an adjustment for the budget to $20.300.000.00. We were $22.000.00 above that. We will be bringing back. on the 2o* ,a resolution for supplemental appropriation to actually lock in that projection. so that our audit reflects what the Council gave us approval to do from an adjustment viewpoint. So that is really good news . We had planned to have a preliminary repon on our finances at our next meeting, but in talking to Frank and I think with the schedule that the Council has next Mo nda y night. because yo u have a pretty lengthy night with Board and Commissions . that we will be bringing 1hi s back to the Council on the 20" with a full repon and with a resolution that night. (b l City Manager Sears said I JUSt want 10 reiterate that we made contact wuh the legislators and we Jnt1cipate they will be at the January :?O'" Study Session to talk about legislative issues. I know that the auto dealers will probably be having some legislation that relates to tax rates . So. I suspect there will be some discussio n that evening. (c) City Manager Sears said we will send an e-mail 10 Council on the notificauon process fo r the proposed Denver Seminary propeny. because I assume that there will be a lot of questions that you may be gelling from r~sidents . Mayor Garrell ~aid I think we h uld post thal. as there ma y be up 10 three or more of us there. Council Member Bradshaw aid right. ••••• Ma yor GJrrcll ~1d David T Jylor scnc us :me-mail reaardinl! poccnual CAM issues 11,ith Miller We1npncn. Director KJhm. 1f you are not prepared to t:al .. about the increase uf the CAM by Miller Wempnen tht• ... .. • • 0 Englewood City Council January 5, 2004 Page 14 ·• • • evening. that is fine. We can do it another day , but since you have enjoyed this meeting this evening, I thought I'd give you an opportunity to speak. Director Kahm said good evening. And of course my answer is , I am not prepared to talk in detail about the increases in the CAM. I am prepared to talk about the CAM in general. I believe Dan has included, in your packet, some pages out of our master lease. Did everybody get a chance to look at those? City Attorney Brotzman said they did not get in there. Council Member Bradshaw said you don't have to read them to us either. we will get them later. Mr. Kahm said the bottom line is this. There arc two CAM charges on this project. When we originally did our ECR's with Miller Weingarten, Trammell Crow, RTD and Wal-Mart. they all agreed to basic CAM charges for common area maintenance and that is what the EEF CAM charge addresses. It addresses the streets. parking lots. all the RTD. the bridge. the elevator, landscaping-all the perimeter landscaping, all those it.ems. In that mainlCnancc budget, it also includes electricity. water, and 2417 security, all those types of items. Those were things that we were able to identify prior to the project being built. In fact . at the time we put this budget together. l worked with John Loss. based on his experience at other shopping centers . Keep in mind that these arc shopping center people that worked on this. but we identified those common items. We established an EEF budget for those things of$ l,091.000.00 a year. That was prorated based on retail space, office space at a $1.70 a square foot. In the case of Trammell Crow, with a mixed use, we had to create some formulas that didn 't exist in the shopping center world . In the case of Trammell Crow. we have a residential CAM charge based on S200.00 per unit per year. RTD is based on area. because RTD has 910 parking spaces. plus bringing all the buses in and out caused us to have to build extra strength in all o f o ur streets and there is more maintenance on the streets the buses run o n. For the concrete paving where the buses run, we have to power wash the oil and grease off those bus bays all the time ... those types of things . So RTD agreed to a percentage. '.! 7% of total CAM costs. Wal-Mart maintains their entire s ite themselves . They take care uf all their own maintenance. but Wal-Mart does participate about $55 ,000.00 a year towards the common area , because they recognize that we have the Piazza area, we have these public activities and they were willing to participate in that way . The City picked up the difference. It turns out that the City 's share ends up coming out at about $1.70 a square foot. It ends up being about the same as everybody else . In addition to those CAM costs. shopping ccnlCrs also have other mainlCnance costs. They maintain their buildings and they assess that back. as a CAM. to the tenants . They charge tenants for their cost of operating and running a shopping center. Miller W~ingarten has, across the site. a number of dumpsters. They have trash pickup for their folks and they have maintenance on all the mechanical units on all the buildings. so they charge an additional maintenance charge. Quite honestly. looking into this, in our master lease. all those things arc included as legitimate maintenance costs that they arc allowed to charge. The tenants s ign a contract stating that they will pay what those fair c harges are . Now. up until last fall. when the issue came up about David Tayl o r having problems with some rent and at that time. he pointed out he was paying S:?.50 a square foot for a C AM . we really didn't know that Miller Weingarten was charging 80 cents a square foot on top of what everybody was already paying for the EEF CAM charges . At that time. I asked for a detailed breakdown and I ne ver recei ved it. I talked to John Loss and Lou Brock . of Miller Weingarten. a number of times about it. So um e we nt on. and the n. bac k in December. we received o ur costs for 2004 to be passed o n to David Taylor. a nd the CAM had go ne fro m S2.50 to $3.0 3. whi ch means that on top o f o ur $1.70 . they arc now c hargin g $1.33 . Aga in I tried to ge t some ex pl anatio ns fr o m Miller We ingarten . but through the holidays there j ust has bee n no o ne there 1hat knows abo ut 1t o r will admit to know ing about how these arc c alculated. I did have some disc ussio ns with o ur a tto rney. Mike Miller. wh o has dealt with the>e types of projects fo re ver. The fac t 1s that Miller We in garten can account fo r th ose costs. because in shopping center situations the y are frequentl y audited by maj o r tenants . s uc h as Ross and Office Depot. These folk s hire c onsultants that audit CAM c harges . In fact . Jo hn Loss to ld me . at o ne point . no 110 be s urprised if EEF's CAM charges and the way we arc doing bus1nc . wo uld be a udited by o ne o f the se maJ ors . because that 1s the wa y bus ine ss is do ne . In the master lease. there 1, a parag ra ph that ex plains ho w a ll these charge s arc calculated. Qu11e honestl y. as we got into this in the lllSt co upl e of wee ks . the cx planauo n in o ur mas ter lease is absolutel y wrong. In terms o f the concept. it 1s right . but 1he de fi nit io n 1s wro ng 1n o ur master lcaS<. Ob vio us ly, when Miller Wcmgancn wrote 1hc mas1er lease. the y pull ed that sec ti o n off o f a ,mp sho ppin g ~e nt er. because il talks about our s pac e being calculated as a pe rcent age of in-line re tail. whi c h 1s ~8'!-o f the overall proJect . and ll doesn 't tit us at all . The concept I n 11 h1 . In o ur mJ,1cr lea c. in the ir ex pl anation. they we re .aying 1ha1 if yo u had a s pac e that was part of an m-h nc ho p ping ce nt er. because 1he maintena nce cmt o n 1he building -.o uld be the .ame for everybody. that yo u \Hl uld di\ 1de )Our :,quarc footage by the iota! :,q uarc footag e in that bu1ld1n g Jnd yo u wo uld ha,c that t .. .. • • Englewood City Council January S, 2004 Page 15 ·• • • ,-----.. (J . percentage . In their example. the in-line was 28 % of the o verall projects, so you would pay 28% of their operating costs. So. it basically works that everybody in the shopping center, whether you are in a big box, whether you are in a pad or whether you are in-line, would pay about the same thing for building maintenance costs as far as Miller Weingarten's CAM goes. The exceptions might be that ;n the case of the Baily's building, there is an elevator in the Baily 's building that is only used by Baily's. So, in all fairness , you know . rhe other tenants in the building shouldn't be paying maintenance toward that particular item. So . there could be a little variation from building to building, and we need to work through that with Miller Wcinganen to resolve that. but that would amount to pennies per square foot variation from tenant to tenant. EEF is pursuing Miller Weingarten now that we are past the holidays. We are actually asking for an audit of their CAM charges. One of the concerns that David Taylor had, as I said. was that the price went up to $3 .03. and that also includes a tax escrow . The property tax on this site has never been resolved by the County Assessor. The reason being, that we just finished and received the CO on the Goldmine pad, which was the last dcvclopablc piece of property. The Miller Weingancn property is all on a 75 year lease and when we put the contract together, we had the parcels. but all Miller Weingancn ends up with leasing is their building footprints. And so. until they were done building , we couldn't get the surveying on all the buildings and complete that. That is now done. The surveying on this last piece should be done within the next week or so. We have been working with the assessor's office and once it happens they will assess property tax . They will go back on each of these properties to the date the CO's were issued on these buildings and taxes will be collected. During this time frame Miller Weinganen has estimated a tax escrow. Last year they were using $2.00 a square foot. I know David Taylor was concerned about that number. We just happened to have a situation where the building south of Ro ss. that has Lamar's Donuts and Payless and Cold Stone Creamery. was a private parcel and not part of the original Cinderella City project. Those of you that were on the Council at that time will recall that that was privatel y owned. The plan was that Miller Weingarten bought it and then we reimbursed them our share. Then that is supposed to be deeded back to EEF and then it would be a lease just like the rest of the buildings. But. because it went from private to private. the assessor assessed that building. I know that last year that was assessed at $1.77 a square foot. So I know that. assuming that all this retail comes on at the same assessed valuation. basically. I am expecting that the $2.00 that was collected and escrowed last year is too high . Someone has raised the escrow at Miller Weingarten. -We believe it happened in Texas. but their estimate for thi s year. for 2004. was raised to $2.50. So I think some of the concerns that have been expressed by David Taylor. in terms of his costs going up . will probably be resolved once the taxes are resolved and once we get an acco unting fr o m Miller Weingarten as to what their costs actuall y are on the project and what makes up the difference. Council Member Yurchick said are the CAM charges legally based on the actual cost. actual expenses or can there be a profit in there? Mr . Kahm said I don 't like the word profit actuall y. Mr. Yurchick said they come up and say it is really S3 .00 a foot. but we are going to charge them for 30 cents profit . Mr . Kahm said no. they ca n char ge for their o n-si te labor . if they have someone like Lou Brock managing. they can charge him . They can char ge hi s wo rkmen 's comp ... the y can charge all th ose labor related items . Mr. Yurchick said then it is based on act ual costs. Mr. Kahm sai d yes. based on actual costs. The questio n came up that there was some co ncern abo ut whether the vac ant Piazza space was an is sue here . I don't believe it is. It can 't be. based o n the fo rmul a. The Piazza reta il was pan of the Trammell Crow project and it is actually part of a condominium. In th e basic deal. it is not eve n incl uded in Miller Weingarten ·s defimt1on of the shopping center. So. in talking to Mike Miller. while that s pace pays the S 1.70 towards EEF for o ur ~omrnon area maintenance , the cost associated wi th maintaining that building as part of that co ndo minium arc totally separate from the rest of the sho ppi n~ ce nter. by detiniuo n. Now whe ther so meone in Housto n has included that in the se numbers. we will know rtl y. But 11 will end up not being included . Council Me mber Br adshaw said 1s that always goi ng to be a moving number! Mr . Kahm said it can rnove ... we actuall y thought go ing ant o this project that we had adequate budget. This last year. with the snowstorm we had an March. v.e were over budget. One o f the things EEF as able to do. as we are able to charge 72.000.00 a year o f that CAM tov.Md the adm1mstra11 o n o f the CAM . As Direc tors. we can 't recover for Frank o r Bob and I. That mone y doe, co me back in and offsets Ste,e Dazzao ·, time for do ang has accounung . I suppose. indirectl y. that co uld be a profit center fo r us fo r the City h Jw I rei mburses for co ·t o f work . Mr . Yurch1ck said that was m) question . was II based o n actual ,: penses '! ' ... • • - Englewood City Council January 5, 2004 Page 16 ·• • • I ( I ~~ CJ But, Council Member Barrentine said. those actual expenses can include some administrative costs and overhead . Director Kahm said on Miller Weinganen ·s s ide, it definitely docs. Now. it can't include leasing costs and it can't include real estate commissions. We will get them to you. There is one section. it is section 9 .1 of the general lease and it is three quancrs of a page, that highlights all the things that can be included. It is done by the private sector. But. Council Member Barrentine said. as far as Miller Wcingancn being able to make any money on that ... they can include some of their administrative charges and what they consider any overhead in that. Mr. Kahm said they can do that. And again. they are subject to audit and Mike Miller assured me that these big corporate guys watch that very closely and they will look at these costs versus other experiences around the country . Ms . Barrentine said I wonder if they get any better or more timely response than you did ? Mr. Kahm said in this panicular instance. pan of the problem here ... and I don't mind defending Miller Weingancn a little bit here ... is the fact that this project is a work in progress. I mean . we arc just now getting to the Goldmine si te coming o n and paying their share of CAM, staning this last December. John Loss did agree last fall to allow me to s tan c harging CAM on the Piazza retail . effective last July . We had an unusual si tuation. because with each of these owners the deals were different . In the case of Miller Weingancn, Miller Wcinganen staned paying CAM as soon as he had a CO o n a building. When we negotiated o ur deal with Trammell Crow, they didn't pay until they had a tenant in the retail space. And so. we get into this thing where that's retail s pace. it is Trammell Crow and Miller Weinganen arguing over who owns it. so. when do you stan c harging. but John agreed to stan paying last July. We are just now at a point where we will stan coll ecting a full s hare of CAM from all the tenants o n the si te . Ms. Barrentine said o n the potential quaner a square foot that they were overcharging, potentially for taxes. what do you think could end up being the total. that they possibly over collected'/ Mr. Kahm said I'm thinking that last year it was about a quaner and there arc a total of 222.000 square feet of retail. So a quancr is S60.000.00. but it is escrowed. It is a tax escrow. so it will go back to folks. It will probably go back. They have accountants just like we have accountants. and accountants never give back the money. I've learned that, but what they would do is they would just give a ,redit 10 them in the future . That is what we do. What we: have done in the past. when we have s pent less than the full amount of the CAM for maintenance the last couple of years. is we do n·r send RTD back money. they just do n't make a pa yment for two o r three months the next year . One of the things I am doing is that we were over budget this last year. because of that snow storm. We have a fund set aside for paving and fo r concrete as pan of the CAM. It 1s a reserve account and I have already 1:rlked 10 John Loss at Miller We inganen. and I will talk 10 the others and 10 sec if they will allow us to draw our o verage out of that constructi o n reserve and try to get us bac k 10 even for last year. Co uncil Member Yurchick said were a ny of the o ther tenants concerned or complaining o r do they consi der the S3.03 reaso nable? Mr. Kahm said it is my understanding. from talking to folks o ut there. is that when the tenant come in. the y s ign a ,ontract that says this is the deal and you can ,hargc me what it costs you 10 maintain the shopping center. Mo,1 o f these folks want this place maintained. In fact. 11,e get a lot o f .:omphments . David Tryba complimented us o n how nice this project looks. this far after II was complete. because theM: things tend to go downhill. The pnvate sector. I'm sorry. but 11 is all a profit center. and so you scan c umng back on landscaping and all those thing . because you make more money. bu,o ur expenencc has been that folks are happy with having this thing maintained . Lou Brock called us a couple of weeks ago ... not about thi s last s nowstorm. but the one before ... and he was excited. because he h.id two inches of snow in the parl.mg lo t .1nd "e hadn 't plowed th ,e parkmg lot . Our snow contract doesn't require two inches to be plo \\ed .ind "e said \\Care already o ver bu4get. Miller Wemgarten .aid ra1~ the CAM . They wa nt the ,er,1ce;. I ha,en ·1 heard f .1n yo ne c omplaining about tho e CAM c harge . They go w11h what the co ntract s:l)S Jnd the ) pa ) their fair s hare 11,hen the) 1gn 11. C o u ncil '.\!e mber Y urc h1 ·k -aid not to defend M11lc:r \\'emganen. but 11 sounds to me hke 111s ,1 case o f .. nol m u,h th.11 their C AM I unrc.1sonable . but 11 1 J c~ o t Da, 1d Taylor JU>! having limued funds . \Ir K.1hm ;ud th J t ,o uld be . I haH:n ·1 heard J n) nc d i.< ,ompl:un I 1,.no" the fell o 11, "1th 1hc Pub. he Just ant h> run hi, Pu b The) J o n·1 ant hl be ID Hlhcd in pol ui.: . •he:> Jon't want to be 10\ohc:d 1n 1mn;s11111 .a .. ' .. .. • • Englewood City Councll January 5, 2004 Pqel7 shopping center, they want to pay the bills and run their business. That is pretty much what we have experienced out there. We will get the numbers, he said. because we deserve the numbers , Ibey owe them to us. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. IS . Acljounmmlt RRETI' MOVED TO ADJOURN. The meeting adjourned at 9 :05 p.m. d~ 1CityClerk PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: January 20, 2004 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS JQPIC f• ' .. . ; . .. • • ·• • • PROCLAMATION WHEREAS , America's Catholic schools are internationally acclaimed for their academic excellence, but provide students more than a superior scholastic education; and WHEREAS. Catholic schools ensure a broad. values-added education emphasizing the lifelong development of moral, intellectual, physical , and social values in America 's young people; and WHEREAS. the total Catholic school student enrollment for the 2001-2003 academic year was 2,616,330, and the student-teacher ratio is 17 to 1; and WHEREAS , Catholic schools teach a diverse group of students ; and WHEREAS , more than 26 percent of school children enrolled in Catholic schools are minorities, and more than 13 percent are non-Ca tholics; and WHEREAS. Catholic schools produce students stronglv dedicated to their faith , values. families . and communities by providing an intell ec tuall y stimulating environment rich in spiritual. character. and moral deve lopment; and WHEREAS, in the 1972 pastoral message concerning Catholic education, the National Conference of Catholic Bishops stated : "Education is one of the most important ways by which the church iulfills its commitment to the dignity of the person and building of community. Community is central to educati on ministrv, both as a necessary condition and an ardently desired goal . The educa ti o nal eftorts of the church, therefore. must be directed to fo rming persons in community, for the educa ti o n 0 1 the indi idual Christian is important not o nl y to his solitary destin y but also the destinies o f th e manv communities in which he lives "; 'OW, THEREFORE. we. th e City Council of the Citv oi Englewood, Colorado, I ) su ppo rt th e goa ls o i Catholic School Week, an event co-sponsored by the National Ca th oli c Educational Associa tion and the United States Conierence of Catholic Bishops and es tablish ed to recognize the vital contributions oi America's thousands of Catholic eleme ntarv and secondary schools; and 21 congratul.lte Ca th olic Schools , students . parents, and teachers across the nation for their o ngomg contribu tions to educa ti on, and for the kev role they pla in promoting and ensuring ,, brighter. str onger future tor this nation. DOPT[D D PPRO ED this 20 .. da la nuarv, 2004. Doug!,, Garrett. '1.l\Or ' .. .. • • COUNCIL COMMUNICATION Date Agenda Item Subject January 20, 2004 10c i Resolution to Adjust the Beginning and Ending Total Fund Balance and Sales and Use Tax Revenue Estimates for the 2004 Bud2et i, Initiated By Deoartment of Finance and Administrative Services I Staff Source Frank Grv2lewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council held a 2004 budget retreat on September 27, 2003 to discuss the proposed 2004 Budget. City Council approved the 2004 Budget and Appropriation on final reading on November 3, 2003. The 2004 Budget was amended by a supplemental appropriation on December 1, 2003 . RECOMMENDED ACTION Staff recommends City Council approve the attached resolution adjusting the estimated sales and use tax revenues from $20,000,000 to $20,300,000 for the 2004 Budget. The beginning Total Fund Balance is also changed from $4,805,611 to $5,163,167. Also, the ending Total Fund Balance is being changed from $4,732,683 to $4,862,637. The City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropriation by City Council. The attached resolution appropriates funds to ensure the City of Englewood complies with legal restrictions governing local budgeting. FINANCIAL IMPACT The 2004 estimated sales and use tax revenues will be increased $300,000. Beginning Total Fund Balance and ending Total Fund Balance are increased $357,665 and $130,054 respectively. The ending unreserved/undesignated fund balance as budgeted is $3,503,052 or 10.3 percent of budgeted revenues. UST OF ATTACHMENTS Proposed resolution ' .. .. • • RESOLUTION NO . SERIES OF 2004 A RESOLUTION ADJUSTING THE BEGINNING AND ENDING TOT AL FUND BALANCE AND SALES AND USE TAX REVENUE ESTIMATES FOR THE CITY OF ENGLEWOOD 2004 BUDGET . WHEREAS , the Englewood City Council approved the 2004 Budget and Appropriation on November 3, 2003 ; and WHEREAS , the City of Englewood Budget was amended by a supplemental appropriation on December 1, 2003; and WHEREAS , this Resolution adjusts the estimated sales and use tax revenues for the 2004 Budget; and WHEREAS , the passage of this Resolution adjusts the total fund balance for January I , 2004 and December 31 , 2004 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section I . The 2004°B udget for the City of Englewood, Colorado, is hereby amended as follow s: GENERAL FUND Total Fund Balance January I , 2004 Sales And Use Tax Revenues Total Fund Balance December 31, 2004 S S,163,167 $20,300,000 $ 4,862,687 Section 2 . The City Manager and the Director ofFinancial Services are hereby authorized to make the above changes to the 2004 Budget of the City of Englewood. ADOPTED AND APPROVED this 20th day of January, 2004 . ATTES T: Douglas Garrett, Mayor Loucri shi a A. Ellis , City Cleric I, Loucri shia A. Elli s, City Clcrlt for the City'.:ifEnglewood, Colorado, hereby certify the a bo ve is a true copy of Resolution No . __ , Series of 2004 . Loucrishia A. Ellis, City Clerk ' ..... .. • COUNCIL COMMUNICATION Date Agenda Item Subject January 20, 2004 10 C ii Purchase Four Freightliner Dump Trucks INITIATl:D BY STAFF SOURCE Department of Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the purchase of four Freightliner M2 Chassis four-yard Dump Trucks in the 2004 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Approve, by motion, the purchase of four (4) Freightliner M2 Chassis Single Axle Dump Trucks with tarp assemblies for the total amount of $269,924.00 through an Adams County contract with Transwest Trucks . BACKGROUND, ANALYSIS, AND ALTl:RNATIVES IDENTIFIED The Public Works Streets Division currently utilizes vehicle numbers 3209, 3210, 3245, and 3246 during everyday activity. These vehicles were scheduled for replacement in 2003, however, the purchase was deferred due to budget considerations. With age, these pieces of equipment are no longer reliable. Transwest Trucks has provided Englewood the opportunity to "piggy back# on the existing bid that was recently awarded to their organization for Adams County. FINANCIAL IMPACT The four (4) dump trucks can be purchased through Transwest Trucks for a total cost of $269,924.00, which is $8,000.00 under the State Award . LIST OF ATTACHMENTS Summary of Specification Sheet Bid Proposal from Transwest Trucks - SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES ,fJ _ ~· (J STATE AWARD YES ~ IF YES , AWARD# ,4Jng {o.ir,~ ~14 (p11,,-Jac,~) MANUFACTURER OF VEHICLE fu,Jkt b nc (' MODEL oF VEHICLE H-2 , (4 'farr) ciWW1p) AIR CONDITIONING ~ NO AUTOMATIC TRANSMISSION @ NO POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT NEW ADDITION TO FLEET YES YES YES YES YES DEPARTMENT VEHICLE ASSIGNED TO So,.,c: [),.pt" COMMENTS : NO NO A2orma I Gr£ rqlaccmrnt. 1',,!«r, I 1 .... .. • COUNCIL COMMUNICATION Date January 20, 2004 INITIATED BY Agenda Item 10c ii Department of Public Works Subject Purchase Four Freightliner Dump Trucks STAFF SOURCE Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the purchase of four Freightliner M2 Chassis four-yard Dump Trucks in the 2004 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Approve, by motion, the purchase of four (4) Freightliner M2 Chassis Single Axle Dump Trucks with tarp assemblies for the total amount of $269,924.00 through an Adams County contract with Transwest Trucks . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Streets Division currently utilizes vehicle numbers 3209, 3210, 3245, and 3246 during everyday activity. These vehicles were scheduled for replacement in 2003, however, the purchase was deferred due to budget considerations. With age, these pieces of equipment are no longer reliable. Transwest Trucks has provided Englewood the opportunity to Hpiggy backw on the existing bid that was recently awarded to their organization for Adams County. FINANCIAL IMPACT Th e four (4) dump tru c ks can be purchased through Transwest Trucks for a total cost of $269,924.00, whic h is $8,000.00 under the State Award. LIST OF ATTACHMENTS Summary of Specification Sheet Bid Proposal from Transwest Trucks t • • • TRANSWEST TRUCKS 7626 BRIGHTON RD COMMERCE CITY, CO 80011 October 23, 2003 City of Englewood 2800 So Platte River Dr . Englewood, Co 80110 Ref: Add on order to Adams County Bid (Piggy Back Order) Sub: Four (4) Single Axle Dump Trucks Attn: Pat White Transwest Trucks would like to offer the City the ability to order four (4) dump trucks (or quantity as needed) from an existing bid that Transwest Trucks was awarded for similar dump trucks . Please reference Adams County PO# 1542 dated June 19, 2003 for two (2) dump trucks . (See Attached) Proposal Adams County unit price with Freightliner chassis, 10' dump, hyd system, sander and snowplow-each Delete Adams Cnty Dump/hyd/plow and sander Pkg Add to dump Pkg to meet City of Englewood Spec's (attached) Add 2004 Federal mandated emiuiou as of Jan I, 2004 $82,702.00 ($ 32,828.00 $14,528.00 $ l,8SO.OO Freightliner 2004 M2 chassis, 10' dump and 11yd. System-each $ 66,2Sl.OO Four (4) units, FOB Englewood, Co · Notes and options: 1. One custom parts manual for chassis, per Vin# $220.00 ea 2. One set chassis shop service manuals $220.00 ea 3 . Delivery approx 160-180 days 4. See Options per Kois Equip Proposal (attached) 5. See attached M2 Freightliner specifications for complete details 6 . Price good to Jan 31, 2004. Call for extension if needed I look forward to working with you and the City on this order for new dump trucks. 1f you have any questions please give me a call at 303-301-7418 . ~i~c~y, ~Friebus ' .· .. .,, ' ' .. , • • COUNCIL COMMUNICATION Date Agenda Item . Subject January 20, 2004 10 C iii Purchase Street Sweeper INffiATED BY STAFF SOURCE Department of Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the purchase of an Elgin Street Sweeper in the 2004 Capital Equipment Replacement Fund (CERF). RECOMMENDED ACTION Approve, by motion, the purchase of a 2004 Elgin P Street Sweeper through the 2003/2004 State of Colorado bid contract for the total amount of $97,805 .00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Public Works Department currently has three street sweepers. We reduced the frequency of sweeping due to 2004 Budget considerations, however, vehicle no. 3213 is no longer reliable because of age and wear and tear. Following snow fall events, we need to have three sweepers on the streets to accomplish our commitments to the Regional Air Quality Council to have the sand picked up within five days after melting begins. Vehicle no. 3213 was scheduled for replacement in 2003, however, the purchase was deferred due to budget considerations. This vehicle is being purchased under the Colorado State Award system . FINANCIAL IMPACT Through the State of Colorado bid process, this street sweeper can ,be purchased for a total cost of $9 7,805 .00. LIST OF ATTACHMENTS Summary Specification Sheet Notice of Award • -· .. . .. .:.,, .. ' .• ., • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD @ IF YES, AWARD# •)W) ?H A:A OJ.fl NO MANUFACTURER OF VEHICLE _F=----,/1~, ..... n...._ _____ _ MODEL OF VEHICLE __,_}'1-"""--/U.,.,,.ca ......... n1---------- AIR CONDITIONING _@ AUTOMATIC TRANSMISSION ~ POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT NEW ADDITION TO FLEET YES YES YES YES YES DEPARTMENT VEHICLE ASSIGNED TO Stttct: l)q,b. COMMENTS : NO NO NO NO !Jormal G:r£ cyla,e-mo;T; ~ks lln1t::- 3;i13 t .... .. • • NOTICE OF A WARD COLORADO DEPARTMENT OF TRANSPORTATION A WARD NUMBER 76577HAA01M Re: Invitation For Bid# HAA Ol-063RR (THIS IS NOT A PURCHASE ORDER, SEE NOTE Period Covered: 1/17/03-1/31/04 BELOW) \.ENDOR NO.(f.E..J.N) 840424667 INVOICE TO: VF.NOOR NAME: Faris Machinery Invoice address on Purchase Order for Colorado State ADOll£SS: 5770 E 77,. Ave Agencies, Institutions and political subdivisions Commerce City, CO 80022 PHONE: 303-289-5743 f'AXNO: 303-217.9273 PA YMEHT TERMS: N30 DELIVERY: 12-14 weeks COMMODITY NUMBERS: 76577 Elgin Pelican P Street Sweeper $92,945.00 To include dual hydraulic side brooms , John Deere 4045T diesel engine ; hydrant wrench; air conditioner; automatic shutdown on engine; tool box; center mounted roof light; Whelen 9620 light bar; and painted standard factory color. Options : Spare filters & belts Exua operators manual Extra parts manual Extra service manual Standard or.mge paint Air ride Bostrom seat (per side) Suspension seat (per side) Sprung guide wheel Lower conveyor miler flush Sliding rear window Auto lube system Hopper liner AM/FM radio Extended two year warranty on parts & labor In-cab side broom tilt (per side) Additional 40 gallon water rank $550.00 35.00 50.00 135 .00 Standard 915.00 550.00 1,350.00 335.00 180.00 6,010.00 2,110.00 1,260.00 2,020.00 1,180.00 440 .00 Hopper full indicator is not available . No reimbursement program available for warranty work done by COOT . Warrant y: 12 months on sweeper for parts and labor . Two years or 2000 hours warranty on engine. Two locations for parts & Service: 5770 E 77"' Ave Commerce City CO 772 Valley Court Gr.md Junction, CO (• t .. .. • • Coadltioas ol A want: Award is made to above referenced vendor lar lllpplyin& lhe commodity/lCrVice specified above and on any aaached supplemenwy pqes per bid lplCificllioaa to be onlered on m "as needed" basis for lhe period from dale of award throuah 1/3 IAM, widl lw«:I (2) one year renewal periods. at COOT option. Prices shall be firm throuah 1/31/04. Req.-f•-, pr'OpOlld price CMlllll lfter 1/31/04 must be 111bmitted aloaa witb IIIPPOrtins doaammtada, lo CDOT ......... • Cbb?ffl o( sixty (ff/ MU prior to lhe proposed effective date of such dump. A new award nolic:c will be issued for each addilional renewal year that COOT selects . El11IER PARTY MAY CANCEL ON 30 DAYS WRJTIEN NOTICE. lQll;; THIS AWARD IS A NOTICE OF INTENTTO PURCHASE ONLY. MATEa1ALS WILL BE ORDERED BY VARIOUS COOT PERSONNEL AS NEl!Dl!D. MA11!RIAL OllDl!lll!D BY CDOTTIIATCOIT S.,000.000R MOllE PER rTl!M. OR AOOREOATE. MUST BE ORDl!Rl!D VIA PURCHASE ORDER. 011IER COUIL\DO STATE AOl!NCll!S, INSTTTUTIONS OR POLITICAL SUBDIVISIONS ORDERING MATERIAL BASED ON THIS AWA&D MUST OllDEll VIA 11IEIR OWN PURCHASE OllDl!a SYSTEM. COOT WIU. ONLY BE RESPONSIBLE POa MA11!1UAL OllDlllll!D AND Rl!C£IVED BY rr. NO Ol/ANQTQ!S ARI! QUARANJEED AS A Bf.SULT OF JHIS AWARD QllNOTQM PBDPEP Yr'.Jll. IE BA.Sm UPON c\CVAL BfQUllfMENIS Pleue direct iaquiria on this award to COOT Pun:huin1, phone : (303) 757 -9798 FAX (303) 757-9669 Appro,,ed By : H.JJ.H-.c Michael Moore Purclwina Aaent n - ORDINANCE NO. SERIES OF 2003 /20~ BY AUTHORITY o-- (J . COUNCIL BILL NO. 83 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE REPEALING TITLES 10 AND 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN THEIR ENTIRETY, AND APPROVING THE ADOPTION OF THE UNIAED DEVELOPMENT CODE AS A REENACTMENT OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS RECOMMENDED BY THE ENGLEWOOD PLANNING AND ZONING COMMISSION . WHEREAS, the City of Englewood adopted the first Zoning Ordinance in 1940 with subsequent rewrites occurring in 1955 and 1963; and WHEREAS, the last major revision of Zoning Regulations occurred in 1985; and WHEREAS, in the intervening years, numerous amendments have resulted in a document filled with inconsistencies and outdated references that made it difficult to use and administer; and WHEREAS, the current Title 16, Zoning Ordinance, does not reflect the community's need for standardized development procedures and flellible development opportunities ; and WHEREAS, citizens have requested design standards for residential development that would help maintain neighborhood quality of life in Englewood; and WHEREAS, the Englewood City Council established an emergency moratorium suspending building permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards could be coordinated with the proposed zoning updates; and WHEREAS, this Unified Development Code has been researched and prepared as a coordinated land development code that minimizes zoning regulation inconsistencies, addresses citizen concerns, enhances development options and coordinates subdivision and zoning regulations ; and WHEREAS, the Planning and Zoning Commission held a public hearina on the draft Unified Development Code on September 16, 2003 and recommended approval of the draft Unified Development Code at Planning and Zoning Commission meeting of September 16, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section ) • The City Council of the City of Enalewood, Colondo. hereby repeals Titles 10 and 16 of Englewood Municipal Code 2000 in their entirety and approves the adoption of the Unified Development Code as a rccnactmellt of Title 16 to the Englewood Municipal Code 2000 . . l • .. 11 bi ' .. • • Sectjon 2. Pursuant to Article V, Section 40 of the Englewood Home Ruic Charter, the City Council has detennincd that this Ordinance shall be published by title because of its volume. A copy is available in the Office of the Englewood City Clerk, on the City of Englewood's website and, after approval on first reading, on compact disk in the office of the City Clerk . Section 3. Safety Clauses The City Council hereby finds, dctennincs, 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 dctcnnincs that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 4. Seyerabjljty . 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 coun of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or ponions thereof inconsistent or conflicting with this Ordinance or any ponion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of repeat or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. > Section 7. ~ 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 15th day of December, 2003 . Published as a Bill for an Ordinance on the 19th day of December, 2003 . A Public Hearing was held on the 5•h day of January, 2004 . Read by title and passed on final reading on the 20th day of January, 2004. -2- t .· • • Published by title as Ordinance No . _. Series of 2004, on the 23rd day of January, 2004. 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 the Ordinance passed on final reading and published by title as Ordinance No . __ , Series of 2003/2004. Loucrishia A . Ellis -3- • • ORDINANCE NO. SERIES OF 2003/20~ BY AUTHORITY u 0 COUNCIL BILL NO . 84 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLES I, 6, 8, 9 AND 15 OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHEREAS, the PlaMing and Zoning Commission held a public hearing on the draft Unified Development Code on September 16, 2003 and recommended approval of the draft Unified Development Code at Planning and Zoning Commission meeting of September 16, 2003. WHEREAS, the adoption of the Unified Development Code requires several technical changes in other titles of the Englewood Municipal Code to maintain consistency in the Code; 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 I, Chapter 2, Section 3(N) -Legislation Not Affected by Repeal, of Englewood Municipal Code 2000 to read as follows: 1-2-3 Legislation Not Affected by Repeal. N . Any ordinance, resolution and motion aMexing territory to tht· City; or any ordinance or ordinances establishing land use zoning districts in the City, regulating the use of land and the use, bulk, height, area and yard spaces of buildings, adopting a map of zoning districts, providing for the adjustment, enforcement and amendment therefor, or included jn the Unified Development Code. Sec(jon 2. The City Council of the City of Englewood, Colorado, hereby amends Title I, Chapter 5, Section 2, Subsection 9.:... Addressing the Council, of Englewood Municipal Code 2000 to read as follows : 1-5-2-9 Addressing the Council 3 . Reading of Protests. Interested persons or their authorized representatives may address the Council by reading of protests, petitions or communications relating to zoning, including the Unified Development Code, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to subjects then under consideration. Section 3. The City Council of the City of Englewood, Colorado, hereby amends Title 5, Chapter I , Section 4(0)(6) -Application for License, of Englewood Municipal Code 2000 to read as follows : ·1· 11 b ii t .. .. , . t • • 5-1-4 Application for License D . The Licensing Officer has the authority to deny any applications or renewal of an existing license or to suspend or revoke an existing license under the following conditions: 6. The proposed use of any premises for which the license is sought is not authorized by ~ the Unified Qeve)opmcnt Code. building, housing or other regulations. Section 4. The City Council of the City of Englewood, Colorado, hereby amends Title 6, Chapter 6, Section 3, Definitions and Standards , of Englewood Municipal Code 2000 to read as follows, the remaining defmitions are not affected by this Ordinance : 6-2 NOISE CONTROL 6-2-3: Definitions and Standards. All technical terminology used in this Chapter, unless the context requires otherwise, shall be defined in accordance with the American National Standards Institute (ANSI) Publication S l.l · 1960, Revised 1971, or successor publications of ANSI , or its successor bodies . For the purpose of this Chapter, cenain words and phrases used herein are defined as follows : Business District(s): Any district zoned as 8-1; 111d 8-2 ~ as defined in the E11gll\.eed Ce111p1eheMi·1e Ze11ing OnliMBee a, Sel'ies 1963, Unified Development CQ!k, as amended. I Industrial District(s): Shell 111ee11 Any district zoned as I-I; .and 1-2 ~as defmcd in the E11gle..eed Ce11,prehe111i,e Ze11i11g 8rlliMBee 36 Sel'ie, 1963, Unified Development Code. as amended. Residential District(s): Shall 111e111 any district zoned R-1-A, R-1-8, R-1-C, R-2-A, R- 2-8; and R-3-A, R-3-8; R 4 end PE> as defmcd in the Eagle weed Ce111prehe111i,e Zer.i11g ONlina11ee 36 Series 1963 Unjfied Pevc)opmcnt Code , as amended . Section 5. The City Council of the City of Englewood, Colorado, hereby amends Title 6, Chapter 5, Section I -Enforcement of Zoning and Environmental Codes , of Englewood Mun icipal Code 2000 to amend and have the beading read as follows : -2- t ... . , . .. • • ·• • • 0 6-S-l: Enforcement of -Zeeiftt the Unified Development Code and Environmental Codes. A . The designated specialists who enforce specific Code sections as indicated below are appointed limited and restricted peace officers only for the purpose of issuing and serving summons and complaints for offenses committed in violation of the particular codes they enforce : Code Enforcement Officers with respect to Titles 5, 6, &, 9, -W; 11, 12, 15, 16, and Title 7, Chapter 1, Sections IA, 18, IC, and 2, Englewood Municipal Code of 1985, and also the adopted secondary codes applicable thereto. The Chief Building Official, or such designated officers, with respect to Title 5, Chapter 7 and Titles 8, 9 and 16, Englewood Municipal Code of 1985, and also the adopted secondary codes applicable thereto. The Chief Building Official, or such designated officers, with respect to Title 5, Chapter 7 and Titles 8, 9 and 16, Englewood Municipal Code of 1985 , and also the adopted secondary codes applicable thereto . The aforementioned limited appointments do not permit these designated appointees to carry firearms , make arrests and exercise any other duties of law enforcement officers, except as herein provided . Section 6. The City Council of the City of Englewood, Colorado, hereby amends Title 8, Chapter 3A, Section 7 -Swimming Pools -Fencing, of Englewood Municipal Code 2000 to read as follows : 8-3A-7: Fencing. All private residential swimming pools now existing or hereafter constructed or installed within the City which are now located two hundred feet (200') or less from any property line of the lot or plot upon which the same is situated, shall be enclosed by a substantial fence not less than five feet (5') in height which shall also be in accordance with the provisions relating .to fences under the relevant sections of the Ce111prehe119i'le i!ening Ordift1111ee Unified Development Code, Said fence shall be so constructed as to prevent, within reason, any person from gaining access beneath , over or through said fence and which shall have similarly substantial gates or doors of the same height as the fence, with facilities for locking said gates or doors at all times when the pool is unguarded, unattended or not in actual use. No provision contained within thi s section however shall be applicable where a private residential swimming pool now existing or hereafter constructed is located on a plot not less than two hundred feet (200') from the front property line , and where there is present on the side and rear property lines walls or fencing the height of which shall conform with the provisions relating to fences under the relevant sections of the Ce111prehe11si, e i!ening Ordi111111ee Unified Devc!opment Code and which shall be constructed to prevent, within reason , any person from gaining access beneath , over or through said fencing . Section 7. The City Council of the City of Englewood, Colorado, hereby amends Title 9, Chapter S, Section 2 -Mobile Home Parks , of Englewood Municipal Code 2000 to read as follows : -3- ' .·., .. • • C 0 9-5-2: Mobile Homes Restricted la City. B. Use of Mobile Home. It shall be unlawful for any person to maintain any mobile home upon any private or public property in the City, when the same is used for living purposes, unless the property is registered as a mobile home park. It shall be unlawful for any person to store any mobile home in any required front or side yard as specified by the ;;!e11i11g Ordi11&11ee Unjfied Development Code . Sectjon 8 The City Council of the City of Englewood, Colorado, hereby amends Title 9, Chapter 5, Section 14 -Mobile Home Parks -Alterations and Additions, of Englewood Municipal Code 2000 to read as follows: 9-5-14: Alterations and Addltloas. A. Conformity. No alterations or additions shall be made to or within any mobile home park unless in conformity to this Chapter. In the event an increase in gross land area is necessary for compliance with this Chapter, the Board of Adjustment and Appeals shall determine the amount of additional area required in accordance with the applicable provisions of the ~ ONli111t11ee Unified Development Code . Section 9. The City Council of the City of Englewood, Colorado, hereby amends Title IS, Chapter 5, Section 7(8)(6) -Criteria for Vested Rights, of Englewood Municipal Code 2000 to read as follows: 15-5-7 : Criteria for Vested Rl&btl. B . In evaluating whether an applicant (occupant, owner, developer or the successor in interest of the three) has met the requirements as set forth in (a) above, the Hearing Officer shall consider and give weight to the following factual matters: I . The total investment made in the project/property, including all costs incurred subsequent to the act of the City relied upon by the applicant, which costs may include, without limitation, the costs of land acquisition, architectural and engineering fees and costs of on-site infrastructure improvements to service the project; 2 . Any dedication of property made to public entities in accordance with the approved overall development plan for the project or the approved preliminary plan or plat for the project; 3 . Whether infrastructure improvements which have been installed have been sized to accommodate uses approved in the approved overall development plan or the approved preliminary plan or plat for the project; 4 . The acreage of the approved overall development plan or the approved preliminary plan or plat for the project and the number of phases within the overall development plan or the preliminary plat or plan and their respective acreage's which have received final approval ; -4- t • • D 5. Whether the completion of the project has been timely and diligently purs, .1 , .ind 6. The effect of the applicant's existing development loans on the application of the Engleweetl CeH1pFehensive Zenillg Oreinanee Unified OeveJopment ~ to the project. Section JO . 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 11 Seyerabj)ity . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 12 . JJlkpnsistent 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 13 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. -Section 14 . ~ 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 15th day of December, 2003 . Published as a Bill for an Ordinance on the 19th day of December, 2003 . Read by title and passed on final reading on the 20th day of January, 2004 . -5 - .. • • Published by title as Ordinance No. _, Series of 2004, on the 23rd day of January, 2004 . Douglas Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 2003/2004. Loucrisbia A. Ellis -6- .. ' .. •. • • ......,; 1. 2. 3. ·• • • Call to order 1: 31 p.m. Invocation k,;;;;i;, t-1 _ .. _ ?ryt-J:1..utt- 4. Roll call Members: ... I Moore Garrett w~ 7 present ~ 5 . cc minutes ~ moved Jl -n t,~ t-~~l .!.___) City Council Meeting ~'d~:u/, absent ~ (!fa ,~ ~ • .. •· ' • ·• • • ~ ·tJ CJ ' ... ,, . ~ . ' • • ·• • • 1-"""' ·f_J . 1:<&,-~ /. 1. 3. C-ft1L ' ... ,, . • • •• • • ~ ~ -=f~ ~ ;'u,u~l' ~~-~ 13-~~ .. ~~~-1!~~ 14 --- . . . .. , ' • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, JANUARY 20, 2004 7:30 P.M. Englewood Civic Center -Cound Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 'f:31 ,).(Y\ 2. Invocation. 3. Pledge of Allegiance. Roll Call. 5. Minutes. a. Minutes from the Regular City Council meeting of January 5, 2004. {?-TI;;,; / ~cs.c;~~eduled Visitors. (Please limit your presentation to ten minutes.) a. Aid to Other Agencies recipients wiU be present to accept the City's financial contributions for 2004. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) <9--- 8 . Communications, Proclamations, and Appointments. '$--_ 9 . Public Hearing. (No Public Hearing Scheduled) & !'tease note: If you have a disability and need auxilwy aids Of sen,lces, plnse nollfy the Cily of Enak'wood (30l· 762 -2405) at least 48 hours in advillCe of when seMCft a,e needed. l1lill1k .. • • Englewood City Council Agenda January 20, 2004 Page 2 Consent Agenda . a . App~ Ordinances on First Reading . App~dinances on Second Reading. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to adopt a resolution adjusting beginning and ending Total Fund Balance and the Sales and Use Tax Revenue Estimates for the 2004 Budget STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Recommendation from the Department of Public Works to approve, by rpo~n, the purchase of four Freighdiner Dump Trucks. Staff recommends ng the bid to Transwest Trucks in the amount of $265,004. STAFF SOURCE: Ken Ross, Director of Public Works. iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of a Street Sweeper. Staff recommends awarding the b13"ihrough the Colorado State Bid process to Faris Machinery in the amount of $97,805. STAFF SOURCE: Ken Ron, Director of Public Works. 11 . Regular Agenda. a . b . C. ~rdinances on First Reading. Approval of Ordinances on Second Reading. Council Bill No. 83, Unified Development Code. ii. Council Bill No. 84, Unified Dev~lopment Code Companion Ordina~c~. \ ~ I}~ ~ 1 iA.. . Resolutions and Motions. ~ rv ___e--- 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. Please note : If you have a disability and need auxilia,y aids or services, pluse notify lhe City of Enpewood (303 -762 ·2405) a t least 48 hours in advance of when services are needed. Thri ' • • Englewood City Council Agenda January 20, 2004 Page 3 13. City Manager's Report. 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council between December 19, 2003 and January 15, 2004: • Englewood Liquor Licensing Authority meeting of October 1 5, 2003 • Englewood Housing Authority meeting of November 5, 2003 • Englewood Parks and Recreation Commission meetings of November 13 and December 11, 2003 • Englewood Cultural Arts Commission meeting of December 3, 2003 • Englewood Public Library Board meeting of December 9, 2003 • Englewood Transportation Advisory Committee meeting of December 11, 2003 • Englewood Planning and Zoning Commission meeting of December 16, 2003 Please note: If you h;1ve ;1 diQbilny m need ilUlCili,y <lids or services, ~ nolify lhe Cily ol Enalewood (30 1-762 -2405) ;11 least 48 hours in adv..nce of when services are needed 1Mr1li