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HomeMy WebLinkAbout2004-08-16 (Regular) Meeting Agenda Packet•• .. •• • • • ...... . . • f.' .. .. .. : ., . ·· .... .. . -. J• •. , • . : Regular City Council Meeting August 16, 2004 Ordinance#~~~ 51, 52, 53, 54, 55, 56, 57 Resolution n/' r, 86, 87, 88, 89, 90, 91, 92, 93 / , ' ... • ('"-/ 1 I \ ' ~ J -~ ,._\' \ I '..1. _ __,) .•. • •• .. 0 . • t . • ., • • 0 ·• • • 0 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Regular Sasion August 16, 2004 l. can to Order The regular meeling 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. Pledp ol' Allealuce The Pledge of Allegiance was led by Mayor Garrett. 4. RollCaU Present : Absent: A quorum was present . Also present : Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Aaherty City Clerk Ellis Division Chief Vandermee, Safery Services Director Ross, Public Worb Director Gryglewicz, Finance and Administrative Services Senior Planner Langon · Director Simpson. Community Development ••••• Mayor Garrett said I want to make note of an Agenda change . This i mainly for Council. For severa l years, and we don't know for how long , but our Agenda order has been incorrect . When we made the chanae last week, when we passed an ordinance 10 change some of the terminology. we realized the error. You will notice the Consent A,enda is Item 9 now and the Public Hearing is Item IO which is the order that was supposed to be followed for quite some lime . So. I don't know when the change occurred. but we are now going back to the original form . 5. Consideration of Minutes of Previous s-loa (a) COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 2, 28CM. Mayor Garrett asked if there were any comme nt • questions or corrccuons. There were none . Vote lfflllts: Ayes : Nays · Motion carried. Council Members Burentane , Moore. Bradshaw, Garrett. Wolosyn. Woodward , Tomwo None I • I ,. • ' • -- Englewood City Council August 16, 2004 Page2 6 . Recognition of Scheduled Public Comment 0 (a) Fire Battalion Chief Andy Fox said thank you for providing some time for us tonight. We are here to give recognition to a recent graduate of Englewood High School, Carolyn Yaklich. As a senior project, Carolyn produced a documentary to raise the awareness of the dangers of drinking and driving aimed specifically at High School students. The project was also a tribute to three Englewood students killed in alcohol related auto accidents four years ago. Carolyn premiered this film at a High School assembly one week prior to Senior Prom. In addition to the film, Carolyn worked with local business leaders and the Englewood Department of Safety Services to stage a mock auto accident. This accident was staged outside the main entrance of Englewood High School during a lunch break. It portrayed student injuries and fatalities, along with Police and Fire responses, to dramatize the dangers of drinking and driving. Carolyn enlisted the assistance of many school organizations to help make the film and to stage the mock accident. The most active was the organization of "Student~ Who Ase There". This group is a peer counseling group at Englewood High School and the faculty adviser for "Students Who Are There" is Allison Bansbach. We would also like to mention local businesses that helped stage the mock auto accident: Joe Carpentar of All Recycle donated time and vehicles; Chuck Matthews and Marty Schmitt of Old Style Towing donated employees time and tow vehicles and thanks to those ernployccs ... Teresa Web and Bill Pearce. At this time I would like to have Mayor Garrett join me. We have two certificates of appreciation ... from the City of Englewood and the Department of Safety Services. The first is for Allison Bansbach, Student Adviser at Englewood High School who helped Carolyn with her project. Allison was presented her certificate. There was applause. Mr. Fox said I now have a certificate for Carolyn. He read the certificate in full . Carolyn was presented her certificate. There was applause. Mr. Fox said Mr. Scars, Mayor Garrett and City Council, thank you very much . Council Member Bradshaw said prior to the meeting tonight, we had an opportunity to view Carolyn's production. It is very well done, very well done. Mayor Garrett said I also want to say thank you to Safety Services and all the work they did in helping with the mock accident. 7. Recognition of Unscheduled Public Co111DRnt Mayor Garrett said now I want to make sure people know that there is a Public Hearing that is going to occur a bit later in the Agenda which deals with the Denver Seminary Project, so you do not need to speak here, there will be an opportunity at that time. There were no unscheduled visitors. 8. Communications, Proclamations and Appointments (a) A proclamatio n declaring September as Na&i onal Alcohol~ Drug Addiction Recovery Month was consi de red . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH • Ayes: Nays : Mo tion c arried. 9 . Consent A•nd• Council Members Barrentine, Moore. Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I ) ND 9 (b) (I), (U), (W). (a) Approva l o f Ordinance o n Fi rst Reading ' ... ... • • Englewood City Council August 16, 2004 Page3 CJ. (i) COUNCIL BILL NO. 50. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE ACTIVITIES IN THE ENTERPRISE ZONE. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 48, SERIES OF 2004 (COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO CONCERNING ''OPEN SPACE" TAX SHAREBACK FUNDS. (ii) ORDINANCE NO . 49, SERIES OF 2004 (COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO. BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2, 2004. (iii) ORDINANCE NO . 50, SERIES OF 2004 (COUNCIL Bill NO . 49, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AUTHORIZING THE "INTERGOVERNMENTAL .AGREEMENT' ENTITLED "AGREEMENT FOR ENGLEWOOD SHUTILE CMAQ FUNDING 2004-2006 BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO. Vole results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward. Tomasso Nays: None Motion carried . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 11 -Ordinances. Resolutions and Motions.) (a) Mayor Garrett said this is a Public Hearing to consider testimony on COW1Cil Bill No . 40, approving the pr~ Denver Seminary Planned Unit Development . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO OPEN THE PUBUC HEARING TO CONSIDER TFSl'IMONY ON COUNCIL BILL NO. 40, APPROVING THE PROPOSED DENVER SEMINARY PLANNED UNIT DEVELOPMENT. Ayes : Council Members Barrentine. Moore, Bradshaw. Gama. Wololyn. Woodward. Tomasso Nays : None Motion carried and the pubhc hearing opened . All witnessc were duly worn . t • • Englewood City Council August 16, 2004 Page4 ·• • • Senior Planner Langon said for your consideration this evening is the Public Hearing on Council Bill No. 40, Denver Seminary Planned Unit Development, an application for rezoning by JVF, LLC, John Forstmann, Manager. First reading on this application was on July 19'". Supporting material was in that July 19'" packet and has not been reproduced in this evening's packet. I have already submitted to the Clerk, Proof of Publication of this Public Hearing in the Englewood Herald on July 23, 2004 and Certification of Posting of the property of this Public Hearing. If you will bear with me, there is quite a bit of material this evening, so I will just kind of dive in. Basically, what I plan on doing iE giving you a bit of background, discuss the PUD process a little bit with you and talk about some of the general issues and questions that you may have. I will do those in a general manner and then have the applicant's team address the development in detail. The PUD request is to rezone 11 .41 acres of what is commonly called the Denver Seminary, at the northwest corner of South University Boulevard and US 285 from its current zoning of MU-R-3-B Mixed-Use RcsidcntiaVLimiled Office-Retail District to PUD. This is to permit 350 for-sale residential units and 65,000 square feet of office/retail space. The recommendation that Community Development is offering this evening is slightly different from the Planning and Zoning Commission recommendation. The Planning and Zoning Commission had five conditions in their recommendation. Community Development is addressing four of those, because the fifth condition from the Planning and Zoning Commission has already been met, therefore it is not necessary to include it as a condition of approval. Also. we are offering one modification to the first condition offered by the Planning and Zoning Commission and that is to edit out the words "by Major Subdivision". That condition reads: Dedication of the South University Boulevard continuous right turn lane shall be required. The previous wording was "shall be by Major Subdivision". We determined that there are other methods to offer that dedication and therefore it is not necessary to limit it to just that one means. so that is why we are offering that one amendment. The other recommendations that the Department is o ffering ... conditions/recommendations ... arc construction of the public improvements as proposed in the PUD. And then prior to any Development Restrictions and Covenant documents, the City shall review those documents to be certain that those documents are consistent with the PUD Plans and that the applicant shall provide two recorded copies of all Development Restrictions and Covenants to the City. She said the purpose of the Public Hearing is to consider the application ... that includes the Staff Report and all the matcrials ... take public ICStirnony and then determine the applications merits based on the Planned Unit Development ordinance criteria. The current zoning on the property is, as I said. MU-R-3-B. that is under the Unified Development Code. and that allows multiple types of uses ... religious institutions, educational institutions, parks. limited office use. governmental facilities. hospitals and certain conditional and accessory uses. In the residential realm it allows single-family units and multi-family units. Because of the size of the property ... almost eleven and a half acres ... the current zoning would allow up to 456 units. Those units could be in buildings as tall as 60 feet and located 15 feet from the north property line and 25 feet from the west property line. Those arc the two important ones. because those are the ones directly adjacent to other residential areas in the City. The old Code ... prior to the Unified Development Code ... would have allowed the same uses. the same setbacks. the same number of units. The only difference with the old Code is that there was a height extensio n that would have allowed an increase in the building heights and that was based on the setbacks. If additional side yard setbacks were allowed. that would allow a taller building. The tallest building on the site as proposed is 179 feet and where it is located currently. based on the old Code's height extensions. it could have been a minimum of 220 feet . And if it were moved even closer to the center of the property. it could have gone taller. That is what the current ordinance allows and what the old ordinance allowed. The issue though. this evening, i as a PUD II is a rezoning process. The PUD establishe specific zoning and site planning criteria for specific development proposal. And, that usually allows that flexibility. because whatever is being requested may or may not have been able to be accommodated within the existing zoning regulations as a package . She said the PUD is a two pan document. A District Plan. which is basically the regulations that govern the use in the new district and a Site Plan whic h is the general site and development details, uch as where the 5lnlctwes ue located, parking, landscaping. fencing. signage and those details. You uc reating a new zone dastnct and it i separate from all ocher zo ne d1 stncts in the City. It create unique zoning regulations for this panicular process. The zoning reauJations that you establish this evening may be the same the current City regulations ... either the old or the new ode ... they may be different from Cuy rcgulauons. ny comparison to the old or new Codes, is just that. h is compari son. They do not need to match and 11 1 not reall a question of how sinular or how dassunilar they may or may not be from existing Codes. h I not a question of kin& 1f it i more than the current standards of what 1 being asked for . The que t1on reall 1 ..-11h1n the PUD. because you uc cstabhsl11n1 new zone d1SU1Ct rqulauons pec1fi c to 1h1 s property, doc what I proposed work a unified packa,c for tht plltlCular specific development? Ju t a baclgro und. the Semuwy contacted the Commumty Developmelll Depanme111 early tn 2003 ... probabl e ,e n carhcr than that ... and let us know that they had plans to move outside of the City They fdt thal the had •• ' .. • • ( 0 Englewood City Council August 16, 2004 Pages •• • • exceeded the capacity of their property for their future plans. We had discussions with the applicant in early Fall of 2003 and a neighborhood meeting was held on January 13, 2004. That is the first requirement of the PUD process ... a pre-application neighborhood meeting. The application was submitted on February 20, 2004. We did reviews ... both internal and external reviews, and then a final document was submitted on June 11, 2004. The Planning and :ZOning Commission conducted Public Hearings on June 22 and June 29. First reading occurred on July 19, 2004 and now we are here tonight for the Public Hearing. Ms. Langon said the site is, as I said, about eleven and a half acres, and it is on the northwest corner of South University and East Hampden (US 285). To the north and to the west is the City of Englewood. We will put a slide up here that might help us. To the cast is Unincorporated Arapahoe County and to the south and southeast is Cherry Hills Village. This is the intersection of Hampden and University. We will discuss this intersection qui.le a bit probably this evening. The other in.tcrscction that will be discussed is the new entrance to the site as proposed. As I said, the PUD proposal is for 350 for-sale residential uni.ts. Those are proposed as 45 uni.ts around the perimeter, which are in 2 and 3 story townhouse style buildings. All of these are going to be for-sale units. The other 305 uni.ts will be in the center buildings and those arc a total of6 buildings ... mid and high rise ... to the center of the property. The 65,000 square fec.t ofretaiUoffice space will consist of a gourmet food store, specialty shops. restaurant. and corporate offices of NF. Those will be here at the southeast comer of the site. There have been a number of recurring questions throughout the process, the review process, throughout Planning Commission hearings and beyond and I will just cover those main topics. I won 't cover them in great detail, because I think the applicant will be able to answer them in greater details, since it is their project. I will start with the largest issue that has concerned the most number of people and that is traffic . Y cs, there is going to be some changes to traffic and there will be some traffic impac.ts. The biggest one probably is the afternoon south bound University traffic. There will probably be some longer backups along here, but those are being mitigated by a dual left tum lane. So that is as you arc south bound on University, there will be two lanes instead of the current one lane, to tum east bound on to Hampden. There also will be a continuous right tum lane from the entrance, all the way down and around the corner and then this is an acceUdeccl lane. Those are going to be vast improvcmen.ts and I will have the applicant discuss those in greater detail for you. Building height is shown on Plan Sheet 4. The town homes arc around the perimeter of the property and arc listed at up to 46 feet. The heights on those buildings arc not the absolute height.. .the tallest height ... that is just the envelope within which all building features have to be contained. The three-story buildings may reach at some points the 46 fec.t and the two- story buildings will not reach the 46 feet. That is to allow a variation in the heigh.ts . The taller buildings range from 96 feet to 179 feet . The next issue is .... because of the height of the buildings ... shadow. A shadow study was done and the applicant will be demonstrating that in a video animation this evening. Worst case will be, of course, during the winter with winter shadows. There will be shadows cast off site and the applicant will be addressing that issue this evening. The next main issue that we encountered was drainage. Drainage is being directed to storm sewers in University Boulevard off of the site. This actually will improve the current conditions. Current conditions allowed some drainage to go off site and actually head toward Romans Park. Council Member Bradshaw asked Ms. Langon to repeat what she had just said. Ms. Langon said the proposed conditions for drainage will be that the drainage will be directed to South University Boulevard and all drainage will be from the site to University to the storm sewer. Drainage will not be onto other properties. The applicant has actually addressed this, to return the drainage to what as pre-develo pment conditions ... pre-Denver Seminary building ... so prior to 1960 or thercabou.ts ... back to virgin ground conditions. an improvement over current conditions . We have had a lot of questions about parking and the proposal mee.ts and actually exceeds the City's minimum standards for parking. There is also bicycle parking provided and snow s torage provided. The o ther question was the number of units proposed on the property. 350 unit s are being proposed. On thi s property, the old Code and the Unified Development Code would have allowed, and does allow. 456 units by the MU-R-3-B standards. This is in comparison to the Waterford property. That buildi ng. I believe, is 168 feet and it contains 113 uni.ts . Without going into a lot of detail of the history of the Waterford and why buildings were or were not built. it was built 11 the time to i.ts requirements and regulations. It o uld be developed. with more structures, but they would have to meet today's standards. Again. because of locations of the water features. the tennis cour.ts and the underground parking, they would jUSI have to meet the requireme n.ts of the buildings with a maximum of 60 feet . They could, by MU-R-3-B standards, potentially double the number of units. but not at that height of a building. Another question that has been raised by neighbors and also by the Planning Commission. was the fence or wall around the proposed property to the west and to the north and the height of that wall . It has been proposed at 10 foot and that was proposed based on discussions with Kc111 allagc to the 10est and 10 the architectural committee. The way the proposal read$. it is a 10 fOOI wall to the west to Kent Village and up to a 10 fOOI wall. based on d iscussion with neighbors on the north . Then the other question that h been raised i economic unpact. The Seminary as a religious institution i tu exempt. They do not pay proprrty ta)(. They do generate some s.ales tax from the book store, a nominal IIIIOIIIII of money. Oler the fow ' "' • • -- 0 Englewood City Council August 16, 2004 Page6 ·• • •• years of construction ... this project is a phased project with a proposed end in 2009 ... so over the next four years of construction, the use and permit fees would generate approximately 3 million dollars to the City. Each year after the construction phase, the project is expected to generate approximately $700,000.00 annually to the General Fund. No financial assistance or incentives have been requested by the applicant. She said, in summary, the Denver Seminary is moving, we know that, they have a project being developed in Littleton. This is an area of change. Any change or any development has tradeoffs, it has balances that must be considered ... positives and negatives. The application is the result of months of discussion and work with the City, the developer and neighbors. Again, this is a question of ... is what is being proposed and the new zoning regulations being established in the PUD, are they the regulations that work for this project? The Community Development Department fee.ls that the rewning is worthy of consideration and suppon, because it mitigates and improves traffic in some areas. Again as I said, as part of the balance there are some areas that are not an improvement, but in other areas there are major improvements. There is also mitigation and improved drainage from the current situation. There is a lower density that is being proposed than what would be allowed on the property. There are housing options that are being generated, single-family attached units in what we are calling the town homes, and the condo units in the high rise buildings. These are all for-sale units. The structures around the perimeter are transitional structures. They are at reduced height and bulk plane and the taller buildings are to the center of the structure. There is positive economic benefit, as there would be with any development on this property, since the current use does not generate property tax . We believe this is a quality product. We have landscaping that exceeds City standards by twenty per cent. The majority of the parking is underground. We feel that this is a project that is a focal point to the City entry and also includes an entry port art work. If you have questions, I will address the questions, otherwise I will turn it over to the applicant. Mayor Garrett asked if there were any questions. Council Member Barrentine said you went over the height and the unit number for the Waterford. Is that Kent Village. in between the development and the Waterford? Ms. Langon, while pointing at a map, said that is the Waterford building here and then this area here is Kent Village. Council Member Barrentine said how many units are in there? How many buildings are there? Ms. Langon said there arc 66 units in the Kent Village. Ms. Barrentine said are they all one or two story? Ms. Langon said they are one and two story. Ms. Barrentine said okay, thank you. Mayor Garrett asked if there were any other questions. There were none. J o hn Forstmann. Avon. Colorado. said we believe that thi s project is a win/win/win. Win for the community, win fo r Englewood and. lastly but not least, for us. Win for the community, because when we started on this venture over a year ago. we also were concerned about the traffic and we have been concerned the same way as the neighbors have been concerned. and we decided that we would do something about it. We didn't have to, but we decided that it would be in the best interest of everyone to do it . And I can tell you. regardless of what you hear w ni g ht and I am sure that there are people that will say that it is going to generate X-number of c,rs and you can go on and on as it relates to that. However. in the last analysis, at the end of the day, the improvements that we are • making will make that intersection a better intersection and better for the communi ty. And I think that goes without saying. I don't think there is anyone in this room that will say that the intersection is not better for us having been there . As you know. we were delighted. after two very thorough meetings with the Planning Commission where we were drilled and gri ll ed and every question that could be thought of was asked ... ! thought, very thoughtfully ... at the end of the day. one lady. unfortunately. was sick, but the voce ended up being 8-0. We were very gntified with that and we were delighted that . basically. the Pla nning Commission saw a new concept. Basically, what we are doing is we are focusing on many people, a little bit iike us, getting a little older and basically wanting to be empcy-llC5tcrs. That is o n one hand . On the other hand. what th i project will offer is executive housing. It will offer lhe people that hve there . as well as the tOlal c ommunity. a flJ'SI class, world class type of I retail project that I don't think has been seen in the Denver area. What we really inslJUCted David Tryba and anyone else with us. i that we expected the highest quality of design and material . We hive been talking to our neighbors to lhe west and to the north and I am delighted to say. also. 10 the east and 11,-e bluically came to an 1g,eemen1 this evcruna ... none too IOOII. What we wanted to be. is a good neighbor. We have been 1n dtSCussions with both Clarold Morgan and Ron Pickc-. as representatives of their constituent , for many mon1hs.. You did hear aboul our famous wall , bul that wu lpeed upon by both parties. We did not arbitrarily y 10 feet and they did not arbttranly say 10 feet . We lllllllollly apeed ' • • - Englewood City Counc:11 Aupst 16, 2004 Page7 that would work for both of us and we committed to doing that. I can also tell you that after many months of negotiations with Cherry Hills Heights, to the cast in Arapahoe County, we did come to closure with them as well. So, I can tell you we have concluded agreements with at least three-quarters of our neighbors . As you know, you can't please all of the people all of the time. However, that is not to say that we didn't try. I know the shadow study has been of interest to everyone, but we also wanted people to know, and you will sec it, that in the shadow study, what we could not put in was the fact that right by our property and contiguous to the north, that there arc I 00 foot trees. With I 00 foot trees I can assure you that there arc shadows already being significantly created. I am not sure of what additional impact our baildings will have, but in the shadow study you will sec, the trees cannot be part of it. It was impossible to create the study with the trees. Our residents will enjoy the finest amenities contained within the state-of-the-art club that we arc creating. The retail establishment will be renowned for its world of cuisine to be enjoyed by the residents and the entire community . We have shared these plans with our neighbors, numerous individuals and homeowners associations and to wit, many, many have come and they arc here this evening in support. As I have said before, unfortunately we were not able to satisfy everyone, but in my 40 years in business basically, unfortunately, I concluded that some of the times you just can't. Who was our team? The two senior people of our firm that arc in the development side .. .John Wells is our Executive VP. He spent 30 years in California with the largest and probably the best law firm in the state. Myself, I come from outside of Washington, D.C . and this will be my ~ year in the development business. You will sec some of the projects that we have done through David Tryba. And, that brings me to David . David, as I know you know, is an architect. The first time I met him I was very impressed with what he had done, his attitude and his openness to listen. I have had some problems with architects that wanted to do it their way and it wasn't our way and we locked horns. He is an asset to us. I believe he is an asset to the community and I believe he is an asset to you . I also will tell you, as you may know, last year the firm was recommended and won the designation of top archiiectural firm in the State. About three weeks or a month ago. David was made a Fellow with the National AJA. About one percent, I would say, of all architects get that honor. The gentleman that is doing the work on the inside of the retail is Larry Bogdanow who has the reputation of being probably the foremost authority on food service establishments in the country. He has done many restaurants. He has done the insides of a Dean & Deluca, if you know that concept ... which is a little bit like ours. We arc really pleased to have someone of his stature really designing the inside to make it extremely exciting. We have a philosophy and that is ... if this community is not better for us having been there, wc failed . We like to listen and as those behind me know, if we can do it, we will do it and if we can't do it, wc will tell people we can't d<;> it and we will stick to our guns and not do it. But, we try our best to make a community better. It is our intention to establish a new standard of quality that will be of significant benefit to the City of Englewood, the metropolitan area of Denver and indeed, the State of Colorado. That is our goal . That is our intention. That is our heart and that is where we arc coming from . You have that from me and I will be ultimately responsible for making sure that it works. What I would like to do now is introduce you to David Tryba who has a power point presentation. Then after that, I would like to introduce you to John Wells who has the responsibility of answering the more technical and probably more difficult questions of height, as well as traffic and any thing else that you might have . If you do have any questions on a macro basis for me now, I would be happy to try to answer them . Mayor Garrett asked if there were any questions . Council Member Brad shaw said you did or did not conduct a shadow study? Mr . ForstmaM said we did. She said okay. Mayor Garrett said we will continue with the presentation and at the end we will have questions . David Tryba said thank you Tricia, you gave a good part of my presentation, so wc can move this forward rather quickly , bu1 I will run you through the specifics of the site and a few projects that arc indicative of the types of 1hings we propose here, that have been buih either by our ftrm or by Mr. Forstmann's firm over the lut 35 years, so we will speak to some of chose specifically. As Tricia mentioned, wc ue at the comer of University and Hampden and the project is designed from the outside in, in relationship to all of the neighbors ... north, south, cut, and west ... in lcrms of its scale and its rhythm in terms of the existing development. As Tricia abo mentioned, wc ue proposi ng 350 units , as a use -by-right developed without a PUD. or withoul a public proceu. would be 450. We are proposing a 30.000 square fooc floor plate for two floors of retail, which will tocal 60,000 square feel . There is about 30.000 square feet of upport retail above the main Door. M> the fooq,ri111 is approllia.aely 30,000 aqtme feet . Our use-by-right would be about 15,()()().20.000 square feet floor plate . I should abo mention this retail is dan.-lhan the normal retail in that it has four sides and all the service is handled inlernally. All the loadi .. dotb and all the ' . "' .. • • Englewood City Council August 16, 2004 Page8 •• • • )·-1 l, _ _) service kinds of back of house, that you normally see on the back of the building, will be handled internally to this project. We have had a lot of questions about parking. The documents that we submitted to you for your consideration this evening state that we will provide two spaces per unit as a minimum, and further, the vast majority of all of that ... in fact all of the required ... that we are actually requiring ourselves ... is below grade and we will talk specifically about some additional parking below grade and visitor parking on grade. I wanted to be clear that use-by-right requires about a quarter, 25 %, open space and we have submitted to you tonight. .. a 40% dedicated open space for this project, as well as the additional percentage that Tricia mentioned about the additional landscaping. [Clerk's Note: Mr. Tryba started his power point presentation.) To begin, we talked about the 25 perimeter units around the outside of the property, which really tie into the neighborhood both to the north and to the west. They do wrap around the south over here and the cast over here to form this gateway into the project. These arc two and three story buildings. We will have their parking below grade. All of the garages for the town houses will be below grade and we will have some additional spaces ... 53 additional spaces below grade for visitors. That is located here and you can see the individual garages. The garage doors arc very standard kind of town home thing, but instead of being on the street, they will be below grade. We were inspired by a project that John Forstmann had developed in Maryland called the Kcntlands, which has become the poster child for new urbanist development and this was started in the master plaMing by Mr. Forstmann in the late 70's. So, he has been doing this for a long time. This is the scale that we are proposing. These arc all three-story units, but some of our units will be two-story units and it is indicative of the commitment to quality materials and quality design. Our design is not Maryland, it is not Williamsburg in taste, but combines Cherry Hills and the University of Denver architecture into a little bit more westernized version. You notice along the street, there are no parking garages. It really has a pedestrian feeling and one that is quite human in scale and has openings throughout. .. in between the buildings to allow light and air and to scale the buildings down. This rendering indicates very clearly the detached sidewalks, the planting strips and also visitor parking on both sides of the street. ln the center of the property, we arc proposing 305 units in 6 buildings in the Village Green. The slide you looked at before said 7 buildings. that is because there is a clubhouse building which is the 7v. building, in the center of this. But this is a pretty large space ... about the size of a football field ... between. approximately, 90 to 100 feet in width and about 300 feet in the center and then there arc ancillary spaces to the south, to the west and to the north and to the cast, to allow light and air throughout that space. The condominium parking will also have two cars per unit, all below grade. 6IO spaces below grade. with an additional 25 surface parking spaces ... if you visited the project more than once, you will know that there is an underground space that will allow you to go straight up to units as a visitor below grade ... and an additional 54 around on the street surrounding the project in the middle . The mid-rise buildings will be built around the perimeter of the parking lot and above the parking lot . Mr. Forstmann has significant experience in this and over 30 years of building heavily landscaped public spaces on top of parking . Each building will have its own core that will go straight from the residents parking spaces directly into the building and then there will also be street level openings right on the street. This is an example of a mid-rise building. It is more traditional. but something that we looked at for inspiration for the type of detailing and ornament and fenestration . This is a project that we completed in Capital Hill and the Swallow Hill Historic District, next to two-story and three-story Victorian town homes on all four sides of this project and it shows the example of a mid-rise building that goes from three to four to seven stories in the downtown neighborhood . This building. though. really responds in a different way and the density is brought to the center of the projec t around thi s public s pace and has a variety of heights and a variety of materials. The predominant feeling that yo u see is o f s to ne and brick masonry. There will be other materials that wc use in terms of the roof. We arc thinking about a metal roof, actually, that simulates slate based on a true slate look and wc arc very excited about a product that has been introduced at the national convention just about a month ago that is just a dead ringer for blue s late and gray s late mixture. It shows you the variety of spaces. larger open spaces, as well as smaller open spaces. These are a few slides of some projects that John has built over parking structures. This one is nearly 30 years o ld ... has tennis courts. strolling areas and larger and smaller public areas. with trees that actually approach 60 to 100 feet built on structured parking on different levels. John has had quite a bit of experience with this t«hnically a nd is pretty excited about bringing that to the project. As I mentioned. in addition IO some of the larger spaces. we will have s maller spaces that will be a little bit more private. These arc some examples. again . that wc have looked at in terms of inspiration. The cornerstone of the project will be the retail . Belle Fare will be the anchor and take th e majorny of that retail space. but there will be some add1t1onal other ancillary spaces in addition to Belle Fare. We talked about 60 .000 square feet o n two floors. wuh a third floor of otlkcs at the lop . Again. thi is localed at the southeastern corner of the propcny. There will be water features and landscape features around and all the required parling for retail .,.111 be belo w at a 1gn1fic ant enhancement to what I nonnally the parluna ratio for rcwl of th1 type . Seven pace per 1000 square feet I n c11traord1nar rat io o f parltlna for rcwl and 1ha11 what we have proposed a nd 11 will be a pan o f th1 document that we arc proposing 1on11ht . In addition to thl'IIC spaces below ' • • - Englewood City Council August 16, 2004 Page9 • ·• • • grade, we will have 57 spaces above grade for someone who just wants to come in , pi ck up a sandwich and leave . This shows the location of the underground parking. You can see that it is ver1 clearly separated from the residential. We are running utilities and a double wall in here, so that the retail parking is completely self-contained. These arc a few examples of some projects that John has completed. This is the Gaithersburg Square Shopping Center in Gaithersburg, Maryland . It has all the kinds of features that we arc talking about. .. the slate roof, the brick masonry and a variety of wood materials and you see the different forms and the attention to detail in the paving, the planters and the landscaping and the lights and the signage . It has all of the things that we are now going back to, in terms of the importance of the new urbanist ideals . You would probably be shocked if I told you that this project was over 30 years old. It is an indication of the commitment and to the materials and how when you use proper materials they last for a long time. Most shopping centers at 30 years old ... in fact it is a couple years older than 30 years ... arc slated for demolition . Quite a bit of our businesses involves the renovation or the demolition and rebuilding of shopping centers. I think this photograph really describes that commitment by the developer. These arcn 't final drawings, but it gives an indication of the maximum scale that we arc proposing. These elevations and perspectives will be developed, but will have key features that have been noted features of Forstrnann Development ... the clock tower, the continuous retail frontage that is broken up by individual shops, the inclusion of water features and heavy landscaping throughout, diagonal parking on both sides of both of the streets that come and go through the project and then attention to detail. I think you will be very excited to see the final product. The first floor. as I mentioned. is where we have all the individual shops in addition to the savoir faire concept, which I will go into very briefly . There will be some other neighborhood service features such as a dry cleaner type operation, a day spa and a number of shops, which I will take you through in just a minute. The second floor, over here, we have planned for a cooking school that is open to the public, based on all of the kinds of things that arc available in the retail part. Then we have a large commercial kitchen, which prepares a lot of the foods for the retail below. There is a restaurant. .. white table cloth restaurant ... here ... which this kitchen will serve as well as a community banquet room, which is very needed for this part of South Denver, Englewood and Cherry Hills Village. Just a place to have a wedding or bar mitzvah or something like that, which is located up in here . The Belle Fare will have in addition to prepared foods, specialty meats and cheeses. These arc all photographs from the architect. these are all actual designs that Bogdanow has completed across the country . I worked with Larry in New York some 20 years ago at my previous firm . I am very excited about being able to work with him on this project. This is a wine store . This is an example of the white table cloth type of restaurant that we arc proposing for the south and west side of the retail. There is a large patio that is actually even larger than the dining room ... an outdoor dining to the west ... and specialty table to p that will be a special store, as well as this two-story entrance with food retail on both sides, the cooking sc hool up above and the kitchen component up to the right . So this whole idea of a full lifestyle ... flowers, food, books. education ... ! forgot to mention a bookstore ... will round out what we arc proposing for that retail component. I think I also failed to mention that there will be a small bank for the neighborhood . John, would you like to join me ? John Well s sai d I am also from Avon, Colorado . I'll tell you as the City Council the same thing I told the Planning Commi ssion. John has been in this business some 40 years on the East coast in some very tough jurisdictions. I come at it 30-plus years from southern California, primarily in Orange County. where they also have some very professional planning departments a nd I want to compliment yours . They have been very tough on us, but they have also been very respectful and courteous to us and have made a number of very positive suggestions for the community and for the project . I don't know whether you have looked through your packets or not. but at one point I thi nk yo ur staff had a seric of 84 or 85 questions that they had posed to us . We tried to take each one of them seriously and I believe that ultimatel y we answered all of them and incorporated the thoughts into our proposal. They ha ve really done an o utstanding job. Tricia alluded to the process that we have been through on this journey. We started o ur first neighborhood meeting on January 13'" and probably had 200 people in the audience . Since then we have ha~. I think , 17 different neighborhood meetings with various groups in the City of Englewood and in the urroundi ng areas Ii tening to their concerns and trying to see if and how we might make the project better for them . I think those have basically been successful and much of what we learned in those meetings have been incorporated in the project . Triciij mentioned the drainage . One of the early concerns we heard from the community was the issue of drainage ... tha t m heavy torm runoffs apparently over the years , water has fl owed off the relatively fl at Seminary si te and gone a ll different ways ... in particularly to the northwest and this caused some Ooodin1 in the neighborhood . We asked o ur civil engineers to come up with a solution if they could. I ha,-e to tell you. it is pretty CJtpensive soluti o n. but we think it is going to take care of that problem for aood · We arc pu11in1 bi& collection arc m our underground parking garage and then we will pump water actually Olll to University Boulevard so it doe n·1 go the "'Tong way . The trafli situation "'as another one that obvK>USly confronled us early on. As anybody ' • • Englewood City Council August 16, 2004 Page 10 • • 0 knows that drives that Hampden/University area, it is not good. Our goal was to make it better if it was possible to make it better and we think, on balance, that we have done that. Just to give you a flavor of the kinds of things that we are proposing to do, if you have ever driven that area at peak times you will know if you are going south on University that there is one left turn lane and at peak traffic hour ... and it doesn't even have to be peak traffic hours, people who are turning left sometimes have to wait to get into the left tum lane because it is short .. .it is a single lane ... which causes traffic that otherwise goes straight through, to further back up. Another problem that I have witnessed myself just driving the area, is turning right off of University on to Hampden. There is a right tum pocket, but once you get barely around the corner, the curb on the south side immediately juts out toward Hampden and traffic has to stop after a couple of cars, which causes it to back up all the way down University. In trying to figure out a solution to this, we said, well, why don't we just sec if we can add a lane ... make a second left turn lane to tum left off of University onto Hampden and maybe we can fix the right turn pocket as well . We decided to move our entire project at that point, after wc had already designed it, to the west so wc have enough land to contribute to this process along our eastern edge. We took quite a bit of our project off in order to have that right tum lane be free flow and add a second left tum lane and then move the project to the north on Hampden so that we could have free flow all the way around, so there is no bottle neck there. We think that, together with the new signal we arc proposing at the entry, which will be coordinated with the other signals in the area and control the traffic flow a little better, we think, on balance, that is going to create a much better situation for the whole neighborhood . We arc pleased to be able to do that. Obviously the shadow issue is one that we considered early on and wc were fortunate that David had a relationship with one of the premier engineering companies in the world, who has as a division a group that specializes in simulations of the kind we needed to have done. This particular group we used is located here in Denver, called Company 39, but it is a division of Parsons Brinckerhoff, which is one of the largest engineering firms in the world . They provide these design visualization services for lots of people all over the world and something that might make sense to you, is they have done this kind of study in connection with the New World Trade Center projects in New York City. They are that well thought of. The process they go through is quite something. They take the data that is on the auto cad systems that the architects developed ... we developed envelopes for each of the buildings, which are larger than the actual buildings themselves will ultimately be. We gave that data to Company 39. Company 39 is then able to generate a volumetric study of the .proposed buildings and then add a light source to accurately calculate the location and the length of shadows based on the season, location and time . They have been doing this, as I say. all over the world and so wc felt very confident that if wc got a study like this. it would give us an answer. It would tell us whether we are creating something that just didn't make any sense. We had hoped to get them to give us some idea of the comparative impact between the buildings and the tall trees that now exist there, but they just simply don't have the capability of doing that. So, what I want to show you now is that shadow study, but not taking into consideration the effect of or the other existing buildings that are already there. Dean, could you show me a couple of those slides with the trees, just so they get son of a flavor . This is Floyd Place and these arc just some of the shots of the trees that exist there . Obviously this is the summer time. so even the deciduous trees are green, and some of the trees are evergreens and even the ones that are deciduous are big and have lots of limb and branch areas. He asked to have one of the shadow studies put up on the screen. What we are able to do with the shadow study is ... we picked basically four points in time, we picked the depth of the winter, the shortest day in the winter, we picked the equinox and we picked the summer, and asked them to give us a presentation. We can run it slowly and more than once. You will sec there is a time clock on the bottom and you can see how the shadows shift at various pans of the day. You will notice a difference in the winter time . We didn't extend the time as early or late in the day, because we don't have light very long . In the summer time we asked them to do it to accommodate the actual light circumstance. Why don't you do the winter first. We will run it agai n. Using a pointer. he said this is Hampden, University, Floyd Place, Kent Village ... so you can sec that shadows don't lin ger on any building very long and this is the shortest day of the year. He said do it one more time and then let 's move 10 a different season . This is summer and there is basically no impact in the summer. This is the equinox ... both spri ng and fall and you can sec again, there is no substantial impact. Most of the year there is ve ry little impact. .. in the winter there is obviously some, but wc were gratified to sec that it wasn't very dramatic and it didn't linger on any one place for very long. Do any of you have any questions for me or anyone else that we might help answer? Council Member Moore said would you mind replaying the winter a few more times. Mr. Well said not at all . Mr. Moore said thank you . ' ,• • • Englewood City Council August 16, 2004 Page 11 Mr. Forstmann said, again, that does not take into consideration the trees which we cannot include. It did seem to us, after the study, that if you could include the trees, that the additional shadow for that particular area would be de minimis . Mayor Garrett asked if there were any questions. Council Member Bradshaw said I have a question about the placement of the buildings. Why are the bigger buildings to the north? Mr. Tryba said just to be very clear, we have an opportunity because of the natural slope of the site. Over on Hampden we are 15 feet higher than we are to the north of the site, so we placed the tallest buildings to the north of the site, so that we could essentially bring them down by two floors. So if we put them to the south side, the same mass would appear two stories higher. We wanted to work with the natural grade of the site ... number one. We also ... from anywhere on the perimeter of the site ... we wanted to attempt to disguise, from both Hampden and University, and for the neighbors again to the south and the cast, we wanted to attempt, to the best of our ability, to disguise the fact that there was any mid or high rise buildings there whatsoever. We often brought this model to our neighborhood meetings and asked people to put their eye down at grade and to move around the site and you can see that indeed the angles were carefully studied so that they would minimize the heights of the buildings and you would see the roof on top of the roof, on top of the roof of the foreground buildings, which are essentially two and three story buildings. So, it was kind of a clever way to disguise the entire project by spiraling from the west all the way around to the east and then ultimately to the north to minimize the impact of the height. Council Member Moore said could we go over the traffic changes. Is there still a plan for the light ... a light to be added north of the intersection? Mr. Wells said yes, right here. Mr . Moore said that is still part of this? Mr. Wells said yes it is. Mr. Moore said that and the other improvements, are they all approved with COOT as well? I mean with the other governing hodics that would have a say beyond Englewood? Mr. Wells said we have been talking with COOT and we will be making application to get whatever permits wc need from COOT ... our traffic engineers have spoken to them. Mr. Moore said can I clarify if on our end, if wc were going forward with this, is it conditional also on those things ultimately being approved? That is, what if those changes arc not agreed to by the State, how does that impact our end of it? Ms. Langon said one of the conditions of the PUD is that all public improvements be completed and if the right tum lanes or the dual lefts or the signal improvements, the intersection improvements are not permitted, then that would affect the outcome of this project. Mr. Moore said thank you. I just wanted to make sure that was clear. Council Member Woodward said I have a question about this. On the west side, the 10 foot fence and up to a 10 foot fence o n the north side ... on the north side my question has to do with the neighbors and the shadowing impact of that 10 foot wall there . Mr. Wells said frankly it was not our desire to build a 10 foot fence. We have agreed to do so, because that is what our neighbors wanted. I think Clarold Morgan is here to speak to that on behalf of Kent Village and Ron Pickens on behalf of the others. We are simply trying to accommodate their desires. Counc il Member Woodward said okay, we can address that later then . Another question I had was regarding the storm drainage to University. As I understood it, the parking was underneath, basically, most of the interior of the site. Mr. Wells said that is true. The parking is underneath, but it was designed with sufficient room to have holding tanks so that if there is an extra large storm we have a place to hold it, so we don't have to run it off site and then we can get it out to University. Actually , Mr. Wells said. Mr. Tryba can address this. Mr. Tryba said actually the detention is not inside the parking structure. It is between parking structures in its own separate structure underneath the street to the north. And. that has been carefully engineered to be separate from those structures. t • ' ... .. • • Englewood City Council August 16, 2004 Page 12 • •• Mr . Woodward said so it would be pumped into storm drainage ? It would be pumped into storm drains then or wo uld thi s be pumped up onto the surface ? Dean Foreman said I work with David Tryba Architec ts . Yes, you are ab so lutely correct. The detention is held in a vault underneath thi s port ion of the site (i ndicating an area on the screen), the large vault underneath the streets would hold hi stori c rates and then the drainage would be pumped bac k out into the storm sewer here (he indicated South University Boulevard). Mr. Woodward said it is pumped und erneath the surface ? Mr . Foreman said yes . Mr . Woodward said okay , thank you . Council Member Bradshaw said historically Romans Park has held water up to above the tennis nets when it rain s there and I have seen that. And, my concern is the natural slope is to go to the north and how arc you going to mitigate that? How is that water going to get into that vault ? Mr . Foreman said my understanding of the preliminary des ign is that although this site does grade off this way , that there would be inlets along lhi s that would pump back into that ... or drain back into that and then pump out. So, we arc collecting the water along this green space along the back and diverting it into the vault . And , also the streets collect water and they drain back into the same system. So it is all a unified system . The site drains from here 10 there , about 15 feet ... naturally . Ms . Bradshaw said so you arc going to solve that with pumps ... pumping it back ? Mr . Foreman said yes, it will drain naturally into inlets and then into the vault and then pump out into the system that handles the storm water. Mr. Bradshaw said so it will naturally drain into the vault? Mr. Foreman said yes . Ms. Bradshaw said ii won't have to be pumped in ? Mr . Foreman said no . Mr. Brad shaw said oka y. Thank you . Ma yor Garrett asked if there were any other que stion s for the appli cant. There were none . He thanked the appli cant. Mayor Garren sai d we have a seri es of people who would like to speak at this Public Hearing. Louise Myers. 2269 East Floyd Place, said there arc approximately 30 families living on or considcml part of East Fl oyd Place. I counted just six or seven home owners on our strcct who have spoken in favor of this development. A co uple of the se home owners have expressed their fear that another developer may put in low income housing if thi s project docs not go forward . JVF Developers have stated their belief that our property values will increase and so me of my neighbors who want thi s development have bought into thi s. Common sense tells me that thi s isn 't go in g 10 happen fo r a long , long time . There arc several of us who arc fru strated, because our voices arc falling on dea f ears. There are alread y several .. for sale" signs on our street and if thi s development goes ahead as planned, it will prec ipitat e decline of our nei ghborhood as we know it. Claro ld Morga n. 3440 South Race Stree t, I am the President of Kent Village Horne Owners Assoc iation and al so a re sident of one of th ose dis tin guis hed bu ild ings yo u sec to the west of the projec t, ri ght on the property line . So, I s peak , not onl y fo r th e Ad visory Counci l of o ur Associatio n, whic h was formed to stud y th is mat te r, but also for our Board of Direct ors and for my wife and me , as a boundary line ci tizen. Kent Village Association has bee n involved in thi s project. almost since the begi nn ing. That is to say. in April of last year we were invo lved in mee tings wi th Dr . Craig Wi lli ford, who is the Pre idc nt of the Den ver Seminary and th is was at the time when we knew someth ing wa s afoot. but neither we, nor the Seminary knew exactly what was goi ng to transpire in th is deve lopment . Dr . Williford and hi staff and his consu lta nts were hel pful lo us and we made it our business to stay in touch wi th the progres of the project. In Nove mber of last year it became rather evident to us tha t so meth ing was goi ng to happe n and we forrned. at the associatio n level. a special projec ts study co mmittee and that comm ittee had the responsi bili ty of evaluat in g the doc ume nt s and of ad visi ng the Board of Direc tors on what te ps. if any, should be take n in re sponse to the proposed PU D. At th at time , "'c retained the service~ of Cahc n Arc hitec tural Group. The princ ipa l of that firm is here to nig ht and he will also supplement these comment and remarks. We have met me mbers of the taff. w11h Tricia and Bob . We have hosted meeti ngs in our club house at Kent Village, wi th neighborhood assoc 1a11 on groups and others. to determine what the 5e nl iment of the neiahborhood was, economic unpact, fecli n& a 10 the various I sue s and believe me , the words traffic and shadow and drainage ha,e been spoken many times and "'c under tand that . Finall y. we have met a number of 11me .. at !cut four face to race mceti na with Mr. forstmann. Mr Tryba nd John Well and hi or1amzation. in onler to uplore the propoMd plan and the dcwl and "'Of~ 001 so me problems ,.e foresaw for Kent Village and the surround1na ne1pbofhoocl. In lhon. I 11mply tell you these th ing 10 let ou understand that "'e ha,e thorou&hl tn,e 1pled th1 pro,ect to our sat1 facuon and 10 the ' ,., ,• • • 0 Englewood City Council August 16, 2004 Page 13 •• • • 0 ~---. (J satisfaction of our consultants. In the village we have some rather professional folks, including attorneys and so we come, we believed, informed in the matter and equipped to know where we arc headed. The board has worked through these projects, our membership has attended meetings, and been kept informed through our Village Newsletter. So, on balance, we have the information and we have evaluated the information. During this process, we asked the developer for two dozen ... 30 different changes, in the PUD that was first proposed and laid on the table. And we expected a battle. And we were dug in and prepared, that's why we had consultants and lawyers involved in the committee. But to our surprise we didn't get that response at all . We got a professional, courteous and informed response and we believed, and we do now believe, that this development was conceived with the City, the neighborhood ... including Kent Village, in mind . Not that it doesn't have its problems, but I am sure that there would be no development of this area, that can be proposed, without those kinds of problems. So, in balance, we think this ... there is a better use of that propeny and that is probably a golf course or a swimming pool or a tennis court. But shon of that, it is our opinion, after these various meetings, studies, discussions and debates, that the PUD application before you now, with the changes we have developed with Mr. Forstmann's group, is appropriate and we hcanily endorse it. Now I emphasize the notion "with the changes we have agreed" because there arc some things at Kent Village that we arc worried about. Included in the PUD is the commitment of the developer to build a 10 foot sound barrier wall, extending 50 feet inside our cast boundary, all the way to the north boundary of our propeny. If you have been to Kent Village, you know that there is already a IO foot sound barrier wall installed at Kent Village. That wall runs along Hampden and then comes nonhbound at the Seminary property line for about 50 feet. In other words, there is now an existing wall . Tricia has mentioned and the developer has mentioned and Council has questioned the IO foot wall . I call your attention to the fact that the existing wall was built in pannership with the City of Englewood. A IO foot wall was appropriate then and we concluded that we staned with the idea and possibility that perhaps a higher wall would be what would be desired to protect the village. But, on balance. based on the recommendations of our architect and the discussions we have had, we believe a IO foot wall is the appropriate wall . This has a sound attenuation feature built into it and it matches the wall that is presently there. Therefore, we are strongly in favor of it. We know that this is not going to be a smooth transition, no matter what is said. There is going to be dust and noise and exposure to intrusion and all sons of problems that are inherent in any project of this magnitude. And, while we are not excited about it, we believe that the mitigation feature we need the most is this wall and the developer has committed, in the PUD, to install this IO foot wall prior to beginning demolition and other destruction. We believe that is the keystone of the protections to Kent Village. And we also commend the developer and he and his staff and their professionalism to recognize this and to be willing to make the commitment to do it. So, I hope that answers any questions you may have about it. We believe r.trongly that this is a quality organization. with a quality project and we look forward to being neighbors after the dust settles. I will be happy to answer your questions, he said. Council Member Moore said just to clarify ... for Kent Villaae ... you are able to speak for the Village and decisions about fences on the propeny line and everything in that respect, are made by the Association. The land, in a sense, is not individually owned, more so the building arc . ls that correct? Mr. Morgan said the land is owned as tenants in common, subject to the declaration of Kent Village and is governed by its Board of Directors. The Board of Directors oversees and has the authority to deal with the common element, which includes the fence and the grass area around it. Mr. Moore said thank you. Council Member Moore said the 10 foot wall makes more sense in the case vhere it is clear both panics have agreed to it. It is a different issue than, perhaps, on the nonh side were we arc talking about individual homeowners, but I re s pect that decision between Kent Village and the developer. Mr. Morgan said I understand and it was also the agreement that the wall on the north would be up to 10 feet and I ccnainly encouraged that kind of exchange, SO the wall is properly configured for their needs. For our needs, the 10 foot wall is what we believe is indispensable. o unc,1 Member Moore said please confirm ... the other issues that you said you nccdcd addressed ... those agreements have been formalized in the PUD? Are there sti ll agreements that have not been formalized in thi s document, that you arc just trusting they will be taken care ol'I Mr. MOl'&an said oh yes. Indeed. there are a lol of thing~ we are trul,ling 10 the profr•s ionalism of the developer and the profcssionali m of the contrlCUW . We had an oppcyt unuy 10 meet with a rcprcsentauvc of lhc contractor, very brieOy. but we received assurances from the ' .. ,• • • 0 Englewood City Council August 16, 2004 Page 14 •• • -, . n tJ contractor that they were going to hold periodic meetings with the neighbors in order to iron out problems . And, he said, believe me, we'll be there. Mr. Moore said thank you. Council Member Barrentine said your Board is made up of the homeowners that reside there? Everyone who lives there is part of the Association, by fact that they live there? Mr . Morgan said yes . Council Member Barrentine said how is your Board chosen? Are they chosen from residents? Mr. Morgan said they are elected and you have to be an owner to be a Board member. Ms. Barrentine said okay. Council Member Barrentine said just to clarify. I can understand that you were referring, probably, to meetings as a result of construction problems. But everything that is significant, like drainage, the walls, the shadows ... any of those more significant issues, have all been forrnalized in this document, as far as you arc concerned? Mr. Morgan said they have. In fact we did a shadow study before the developer showed us their shadow study. Because, as I tried to illustrate to you earlier, we didn't go into this with a half-hearted effort . We went into it with the desire to do it right. That is why Mr. Cahcn, of the Cahcn Architectural Group, can amplify and answer some of your questions. Because they have all been considered. Council Member Barrentine said, might I ask, was your shadow study comparable to what they did? Mr. Morgan said yes. Mr. Cahen can explain any differences . Council Member Barrentine said I wanted to know whether he convinced you that it was the same or not . Mr. Morgan said he did . Ms . Barrentine said thank you. Mayor Garrett asked if there were any other questions . There were none. Mayor Garrett thanked Mr. Morgan . Craig Cahen, with the Cahen Architectural Group, said, as Mr. Morgan pointed out my firrn was retained by the Kent Village Association 10 analyze this development on their behalf. The extent of my comments relate 10 Kent Village solely. I'll answer any other questions you have. Not to repeat what Mr. Morgan said, but I will just touch on a few highlights. We analyzed the impact of this development, again, as ii affected Kent Village. There were some issues that were brought up and I do want lo address them briefly. First and foremost, drainage . Presently, there exists a drainage problem, from the current Seminary. I believe Council Member Bradshaw brought up the fact that, yes ii docs flood to the northwest and ii docs so across Kent Village property. This development. with the perimeter drain system that Mr. Forstmann brought up, will in fact stop that off-flow of water onto the Kent Village property, which we are very excited about. With our monsoonal rains, ii docs become quite a problem. That water will be directed to the retention pond and then taken off site. What was encouraging in working with Mr. Forstmann and Tryba's office. was their ability to adjust to some demands and requests that we had made . Set backs were extremely important to Kent Village, as I am sure they are to the neighbors to the north . This project, or at least the o ri gi nal zoning of the property would allow a building 60 feet tall and 15 to 20 feet away from the property line . As yo u can imagine thi s was a concern to Kent Village . That is a pretty tall building, very close to a property line . Our study proved that the shadowi ng of the 10 foot wall is basically de minimis, it's the 60 foot building that is the problem . When we brought thi s to the attention of the developer they agreed to modify the townhouses that surround thi s property. both o n the west and north side. That encourages the buildings to step back as they go higher in the air. On the three-story building they agreed to remove dormers, which would, again, bring buildings more forwa rd. thus casting further shadows on the adjacent property. So I would commend them on their ability to adjust their desi gn . The architecture for thi s development , as far as my comments to Kent Village arc conccrncd, is very impressive . Thi s is a high quality, very long term material development that, architecturally speaking, we feel is an asset no t o nl y to th e new neighbors to the property, but also to Kent Village and 10 the City of Englewood as a whole . The covenant s that we 'vc asked for and have included in the PUD documents, as far as other additional informa11on that will be brought forward once this development is, hopefully, approved, again demonstrates that thi s ,s a lo ng term benefit to the neighbors . Denver Seminary, as the high quality institution that it is, is somewhat of a transient project. .. development , there are people that come and go . Kent Village is looking forward to having a more permane nt neighborhood base to share their ne ighborhood with . The shadow studies that Mr. Morgan referred 10 ... l'II JUSI repeal that we concur with Mr . Tryba's con ultanl . The shadows that arc cast by this ctcvclopmenl do impact Kent Village . They 11rc very minimal as far as Kent Village I concerned . The neighbors 10 the north. as you ' "' .. • • Englewood City Council August 16, 2004 Page 15 ·• • • have seen on the screen, have a little bit more of an impact. Our shadow studies show that the large shadows are really in the months between'November and February. Once you hit March to October, shadows don't fall on the houses either to the west or to the north . That I can confirm. Lastly, the fencing issue ... the 10 foot high wall was not an arbitrary decision. As Mr. Morgan pointed out, there is a precedent for it: (I) design continuity is very important, but these are two and three-story townhouses. Primarily activities will be had by the new neighbors on the main living area and it is very important, based on a grade difference, as slight as it is, that we wanted to give privacy not only to Kent Village, but also to the new neighbors to the east. That is why, based on the average distance off of the property line to the Kent Village townhouses, a 10 foot high wall is the bare minimum. We actually started off with a 12 foot hig!i wall . As negotiations go, we settled on the 10 foot . Anything less than that, quite frankly , is insufficient, in our opinion. I am here to answer any questions you may have. Mayor Garrett asked if there were any questions. Council Member Tomasso said since the wall will be constructed first, what will happen to the water if you have a monsoon? Will it be directed just off the property into the north neighbors, if the wall is constructed before the drainage is set up for it? Mr. Cahen said actually it is a Nova sound wall, is what it is called. And, it is not built on a continuous footing . It is bL1ilt on columns, if you would, in the ground . So therefore. until the final grades are set, it will be just like it is today. Water is going to run underneath the wall because, according to the documents I've seen and the preliminary grading information. in order to trap the water before it goes off site in the future, those grades are going to have to be pulled up slightly to create a swale on the west and north property, where the water will be directed into catch basins and then into the detention pond. Council Member Moore said the adjustments you talked about in terms of the architecture and changing the dormers. those are. again, verbal agreements or those are reflected in the final PUD application? Mr. Cahen said no , Mr. Tryba's office actually agreed, along with Mr. Forstmann, to add two sections IO the PUD documents that demonstrate the requirements of those setbacks. It is on the PUD documents. Mr. Moore said thank you. Mayor Garrett asked if there were any other questions. There V.'Cre none. He thanked Mr . Callen. Ginger Hecht said I reside at 3889 South Vine Street, which is in Denver just across Dartmouth from the Planned Seminary Development. I am currently president of the Cherry Hills Vista Community Association and I represent over 500 homes that are in the Denver area within the City and County boundaries and are bounded by Dartmouth on the south. Yale to the north, Franklin to the west and University to the east. I have been involved as a neighborhood res ident with this Seminary project at the request of Councilwoman Peggy Lehmann since, pretty much since the inception. I missed the first meeting, but was present at most meetings since that time. I have been involved with committees and participated in neighborhood meetings and facilitated forums to disseminate information about thi s proposed development to our local constituents. I am here tonight to speak in favor of the proposed development . o n my o wn behalf, as well as to represent the majority of voted position of support for thi s project from C herry Hills Vista Commun ity Association. We favor thi s planned community for a number of reasons. First. our primary concern for the Seminary si te is that it houses a quality project that will incrca54, the desirability and the value of our neighborhood rather than depreciate it, with a high density, multi -family apartments a the current zoning allows. In planning this PUD. Mr . Forstmann and Mr. Wells have enlisted the expertise of a local. award winning archi tect and planner. Mr. Tryba. who has thoughtfully designed a beautiful community integrating various residential styles with high -end retail. It i our opinion that this is a truly desirable and attractive project that will benefit all of the surrounding communitie . Secondly. the proposed Seminary project will noc only provide Englewood with additio nal revenue. bul will provide the services and conveniences to the local residents. These service and conve niences will nolably enhance the desirability of our neighborhoods and hopefully have po.111,vc impact on overall property values in the surrounding area. Since the inception of the Seminary PUD many , ·uc ha,e come to light. They have been d iscussed and considered carefully and negotiated. Most have been rewhed. Mr. Forstrnann and Mr. Well have v.'Ofked d1haend with r11any neighbors . They have reached out 10 rntroduce 1he1r prOJCCt and 10 embrace the concerns of 1nd1vidl.lals. well communities u a whole. They have m, ucd feedback. they have been hones1 and they have made onccwona whenever pouible. They have acted in good ra,th iind arc commuted to bu1k11n1 a h1Jh quahty lfflden&ial de,-elopmenc in a timely. professional and re pons1ble manner. We of Cherry H,11 1 ta Commun1t) 1aoon scronJI> suc,pon llus potcn&ially world clus de, cloprnent proj«'t Thank you. ' ... .. • • --. Englewood City Councll August 16, 2004 Pagel6 Mayor Garrett asked if there were any questions. There were none. He thanked Ms. Hecht. Tom Sanders, 2369 East Floyd Place, said I am also speaking for my neighbor, Sandy Kcttclhut who lives at 2299 East Floyd Place. Our neighborhood is immediately north of the development and it will be directly impacted by the development. After attending many meetings in the neighborhood and presentations, we believe that the project is a well done, high quality development. We believe this project will benefit our neighborhood and the City of Englewood. We whole heartedly support the project and urge you to approve the zoning. Mayor Garrett asked if there were any questions for Mr. Sanders. There was none. He thanked Mr. Sanders. David Binkowski said I am the broker and owner of a company called Real Estate of the Rockies. We have 25 agents currently working with us throughout the Denver area. I live at 3277 South Corona Street. I also own 3290 South Corona Street and 3208 South Corona Street. You probably don't know much about them, they arc not much to look at right now. My wife and 1 have just moved back to Englewood. We have been property owners here since 1993 and we just moved back from the Westminster area. I have to say that I am not retained, by the way, in any way, by the developer. We moved back here because we feel as though Englewood is an extremely good, central location. 1 think it is time for Englewood to take advantage of its central location. We plan on developing our first home, which we pulled our first permits on yesterday, as a matter of fact , which is a very high-end home for Englewood ... somewhere in the neighborhood of $700,000.00 or $800,000.00 retail value. Once we saw this project in either the Rocky Mountain News or the Denver Post ... likc in February or January ... this was a huge plus in our decision to come back down this way. We arc fully in support of the project. I think there arc some things about Englewood being central that everyone needs to remember. Number one: we have the redevelopment of Cinderella City which we all know, we arc standing in the old Foley's building ... a huge project that has been a coup for Englewood and the Light Rail right outside the door. We also have Swedish Medical Center, which if you have noticed on Clarkson, has tom down an entire block of homes and whatever else was there. 1 can't remember even though I have driven by it a million times. And, that it is time for n:sidcntial development. as well as the type of project that the developers arc pushing for right now. We arc pushing for the residential side and in fact. we are investing in our own home, which is going to be the one at 3290 ... that just' got the permits pulled ... again, very high- end homes. We are also only tearing down homes that have such major structural issues that it is just not worth saving them anymore. Most of them were built back in the 30's. 1 think some of the things that people need to remember is that , as far as home values go, my personal. professional opinion, is that these homes are actually going to increase in value. Being close to a project like this is going to help them. It is going to be walking distance for a lot of these homes, especially the ones on Floyd Place that seem to have most of the issues. it seems to me. To be able to walk to a project like this is a big plus and will be something that adds value. Not only to the homes immediately around it, but also on the 3200 block of South Corona, which is about a mile to the west and to all of Englewood and the rest of the area. Take for example ... this is on a much smaller scale ... but take for example - Stapleton. We all know what Stapleton used to be. All the old homes in the neighborhood immediately started to go up in value, as soon as Stapleton was shut down and everyone knew what was going on. 1 think the same thing would happen with this project. You can look at Lowry and most recently, the old Villa Italia Mall. It has all been torn d o wn . Belmar is the name of it. All the homes in the immediate area immediately shot up in price. We also have to remember we are in a fairly stagnant real estate market right now. Appreciation is not much more than about 1-2 percent right now. That is even pushing it in some neighborhoods. In conclusion, I will just say that we are, agai n. completely for it . We think the e ntire community will benefit from it and that Englewood needs to understand that thi s is a hidden jewel in Denver and with all the development going on outside the immediate Denver area, Englewood is a very central location and having something like this to draw people to it. to purchase: these homes , o ther ho mes, new homes that arc going to be built in the immediate area. is a huge plus for the City and everyone should take that under advisement. Thank you . Mayor Garrell asked if there were a ny questions. Counci l Member Barrentine said I am sorry, I didn't hear what street you were on. Mr. Binkowski said 3290 South Corona Street and it has been a vacant lot for a few montlu. and I'm workina on that . Mayor Garrett said 32n South Corona Srreet . M s . Barrentine said but he is buildina at 3290. Mr . Binkowski said yes . we are livina in three ho uses right now. ' . ... -· • • Englewood City Council August 16, 2004 Page 17 0 Peter D . Pappas said I live al 1701 East Cornell Avenue in Denver, which is just north of this development, just north of Dartmouth. I am an architect and planner in the Denver area. I have an office on South Downing Street. .. 2422 South Downing Street with Pappas Friesen Architecture. I have been involved in projects similar to this and have appeared before Planning Commissions, City Councils and such, all over the country and presenting projects also. With that , I think I have a particular insight into the amount of work that goes into a project like thi s ... both on the side of the developer, on the side of the architect, and on the side of the City planning staff. I think a note should be made that ii is obvious, and clear, with this project, that the developer has worked very, very hard with all the neighbors, with the City and with the architect. I've worked on a project with Tricia Langon here in Englewood at the comer of Dartmouth and University ... she is the utmost professional and has the best interest of everyone involved when you work on a project with her. I think as you look at this project you have to take it as a whole, because you cannot take the pieces apart of this project. It is far too complex a project to try to look at in an hour or hour and a half and say, is this good for the City, is this bad for the City, docs it solve problems with all neighbors and such? There arc hundreds of hours, literally, that have been put into this project by the neighbors, by the City, by the architect and the developer. They have looked at many, many, many more things than I can stand up here and think of, than anyone can think of on a project like this to sec ... can we solve all these problems. They have taken that and I think, when you get to the bottom line, they have solved many, many, many of the problems and issues on a project like this and solved them very, very well . You have to look at traffic, you have to look at safety, drainage, utilities, property values, shading effect on neighboring properties, effect on economics ... all of these things. When you look at all of these things, all at once and take a look at what it docs for Englewood, then you look at what it docs for the State of Colorado and the City of Denver, look at urban density, look at new urbanis m, look at growth problems. This creates housing in the City, it creates retail opportunity in the City, it centralizes it, it docs not really create what people say is a traffic problem. It creates a better traffic situation than we have there now. They arc improving an intersection, that without this project, would cost hundreds of thousands o f dollars to the City of Englewood, to the City of Cherry Hills Village, and Arapahoe County. The developer is giving. basically giving those things to the cities involved to create a bcncr intersection there . It helps traffic . It centralizes. People will live here and they may commute into downtown Denver to work . These people arc not li ving further south, living further west ... you arc stopping the urban sprawl. So taken as a whole, this entire project has probably about a 95 percent good, plus value to maybe a minus 2, 3 or 4 percent detriment to certain different things. I guess all I am saying is take a look at this entire project and I think it is a huge benefit to the City of Eng le wood and I recommend that you approve it . Thank you. Mayor Garren said thank you very much. Don Herzog said I live a t 21 30 East Eastman in Englewood just north of the area in question. It is called Hantpdcn Hill s ... it's a very nic e community. My wife has lived there for 30 years and we arc very happy with the community. T he last time I was in thi s hall , we got approval 10 get a variance on making some improvements on our house. We have done tha t and we are ver y pleased with what we have done and we feel that we have invested in the City. Fortunately, for all of you who e njoy a li nlc bit of a d e bate, I would like to take the minority view. I didn't realize this was going 10 be suc h a big happy family o n this issue. I was hoping there would be some d iscussion a bout what so me of the problems mi ght be, instead of just discussions about a ll the benefits . There is no doubt that it is a n economic force . T he economic benefits to various organizati ons, the developer, the City, its tax base a nd so o n. arc very strong and I think clearly that the ,licvclopcr has done a lot of good work and appears to be a quality d eveloper who is going Ill try to make a good project. But. I think we have ignored some of the important issues in terms o f the human impact. T hese issues, I'm afraid , have been glossed over to some degree and I am very concerned a bout them in terms of: (I ) traffic o n U niv ersity and Ha mpden. Again. w mc people drive through there, but we li ve very close 10 there and we ofte n get o n University coming out o f either A o yd Place or Aoyd Avenue onto University. There are t imes that you cannot get o n to that street . period. If it wercn ·1 f<J!; the aood grace o f some driven. you would be out of luck ... even a ll the way up 10 Danmouth. which is up to the nut traffic li 1 ht further up . So. it is a very congested area. My be lief is that si mply putti na in another left turn lane is ROI goina 10 solve that problem . nd putting in a traffic light at the entrance 10 the development is actually goi n1 to make the problem wonc and in my opinion, spread it on back north on U ni versity. In addition. goina down Haq,den in the afternoon traffic is rea ll y difficult and when you add another lane ohraffic tryina to mcrae i'*> traffic goi n1 down Hampden .... my guc . a nd I can't predict the future . but my guess I that the traffic i goi ng to be muc h worse than it is now, in r.p11c: of rgumc:nts 10 the ontrary . In add111on. you know the Denver Seminary i a very quiet place. ThcR is ROI much tr;affic in nd out of that rlace at pr111 ,en1 and 10 when you start addina 60.000 square feet of retail space and 350 d-..clhng • 10 -..n home: and 10 on. in a mall area Jiu this ... 1 relatively small arca ... l think the con,atioa II goina t ... ,, • • Englewood City Council August 16, 2004 Page 18 ·• • to be unbelievable. I hope that, while I don't expect you to really manage to vote against the project, I would hope that you would .. .I really hope that you think long and hard of what the impact I think is going to be in terms of just traffic alone. There is another issue that is not really talked about, but keeps coming up and I am surprised that no one has mentioned it and that is the question of parking and safety. We've got all this underground parking for all these dwellings and particularly the women in the audience, I think, can appreciate the issue of being in a parking garage at night and the safety issues. What issues arc being addressed in terms of women's and person's safety being underground in a parking garage, below a bunch of residences where people arc free to come and go, as I understand it in this location? So, I think there is a safety issue that needs to be considered as well . In addition you know, while I appreciate the comments from the people who have been involved in this with the developers and so on, quite frankly, I don't think anyone in our neighborhood, certainly no one I've talked with or that I know of, has heard anything about this development until late in the game. We saw a small sign posted on the corner of Hampden and University, this very busy intersection right here, which is very difficult to sec, was the first meeting we saw and we had already missed that first Council meeting. We were alerted to it and we had to be proactive to find out about it, so none of the developers ever talked to anyone that I know of in Hampden Hills about the impact that it might have on their community. Again I say this is a very nice project and I'm sure it has a great deal of benefits, but I just think it is the wrong place unless there is some serious, significant changes to the traffic issue here and I have serious doubts, as well, that it is going to improve property values. I just hope that I am wrong and I hope that you will consider my comments. For example, the Council member who asked the question "what if COOT docs not approve of these changes in the traffic patterns?" The answer that was given was that it will impact the development, but that doesn't answer the question that I have, which is how will it impact the development? Docs that mean the development will not go forward or docs that mean that we are just going to have to live with an even worse traffic situation if COOT docs not approve these? So I think the devil is in the details of course and there are some of these issues that I really hope the Council would take a serious and hard look at and make sure that the community and the members of the Englewood City are proCcctcd. Thanlc you very much for yow time. If you have any qucstions, I would be happy to answer them. Mayor Garrett said thank you very much. Pat Montgomery, 2238 East Floyd Place, said my property abuts the proposed development. I spoke before you at the very first meeting and nothing has changed to change my opinion. Y cs, there will be changes in the neighborhood. There are going to be changes anyway. The crux is I intend to stay in my home. I have no intention of selling and no intention of leaving. There will be changes, we all know that, but we want changes that are positive and I think this development will be an improvement for the City of Englewood. It will improve my property significantly. J am not going to have a parking lot right in my back yard, which I have now and could have with another development. Mr. Forstmann has been most cooperative. We will have a buffer of landscaping behind o ur ho mes, w~ich will enhance our homes and make them much more attra "P than they are now. We are going to have noise . we know that . We arc going to have dust ... like Kent Village,, nrepared for that, but no matter what develo pment goes in there, that is a given. And, I think the proposed II . changes are definitely good for a ll ... not o nl y E nglewood, but all of southeast Denver. That should have been addressed many years ago. So, I encourage you to wo rk with this developer and approve this project. Meli ssa Gros man said I li ve at 3499 South Clayton Boulevard. which happens to be on the map right on the bottom co rner here. you c an see my house. I am the treasurer of Cherry Hill Heights Water and Sanitation DiSlrict . We are 53 homes d irectly 10 the east o f the proposed development. Thankfully. we were able to reach an agreement tonight ,.;,h JVF o n some proposed changes that they arc going to make and so wc support the development. Thank you. Co unci l Member Moore said could you elaborate on whal these chanacs are ... what the llfC'Cment is between you and JVF . M . Grossman said sure. Primarily we are aoina to woJlt with them to build I wall 8 feet in heipt that "111 go fro m the intersectio n at Hampden 1lon1 Umvcrsity to the southern s ide of Floyd. Mayor Garrea said the property o n the west s ide? Ms. Grossman sud thi I pna to be on the caau idc ... on our propeny buically. That 1 the primary a greement and then wc have I few ocher thlnas thM we have a,,_i to do as well . They have a,,_i to pur uc a three-quarter turn. to the best o r their abthty and aood f11th with COOT on Haaplcn. . ounc,l M e mber Moore said. goin& west on Hampden. nonh on U 111 vusity? Barrealule Slld -ybc someone "ould loan you their pointer. so that wc ould sec 11 on thae. Orouman Slld npl when 1h11 e ntrance 1s there M r. Moore said I am sorry, can )'OU expand on thal plcu,e What die Mica . Ms. Grouman said t .... • • Englewood City Council August 16, 2004 Page 19 • •• so that you can tum left into the development from Hampden there ... a three.quarter tum. They have agreed to pursue that in good faith and to the best of their ability. Council Member Moore said let me clarify with staff. So while some of these other issues would stop the project if COOT failed to approve them ... for the three.quarter tum ... they will pursue it, but if it doesn't go through the project is not halted? Mayor Garrett said it sound like a non·PUD issue. because it is off site. Planner Langon said correct. Mr. Moore said well this one could be a PUD issue .. .if Englewood was pursuing that. Correct? Mr. Forstmann said the Seminary used to have that right. One year, and I don't know exactly when, but COOT came along and blocked it off and they never protested that particular inability to go on the thrce--quarter interchange ... the thrcc--quartcr tum. What we have agreed to, with some of our neighbors, is that we would entertain talking to COOT and if indeed they would agree to reopen that issue, we would certainly pursue it . We see nothing that hurts anyone and conceivably it could help. So we said wc would look into it and see what we could do regarding it. And we do believe if we can get it, it is in everyone's best interest. It could take some of the pressure off the interchange. If we can't get it, we can't get it, but that is where it is. Council Member Moore said thank you. Mayor Garrett asked if Council Member Moore had any more questions . Council Member Moore said he wasn 't sure if Ms. Grossman was finished with her list of agreements. Ms. Gross man said those arc the primary items, frankly . Mayor Garrett said thank you. Council Member Barrentine said could you show me where the wall was prior to the change thing? Ms. Gros5man sai d pri or to which change? Ms. Barrentine said that was your first item that you broupt up . Ms . Groaman said you mean the wall that they have agreed to build for us? Ms . Bane111ine said yes. Ms . Grossman said wc are participating. They have agreed to fund 70% of the construction of the wall and wc will participate 30% of the construction of the wall . It will begin on the corner of Hampden and then go all the way to the northern corner of Floyd. Ms . Barrentine said thank you. Mayor Garrett asked if there were any more questions. There were none. He thanked Ms. Grossman. Ron Pickens said I am a property owner who resides at 2298 East Floyd Place, which is adjacent to the north property line of the Denver Seminary. I am 11lso the President of the Architectural Control Committee for Hampden Hill s Bl oc k 8, 9 and 10. but I am here speaking on my own behalf. First I want to thank the Mayor and the City Council for the opportunity 10 s peak at this meeting. Second, since the first public meetint1 was held on January 13 , 2004. I have had many questions and concerns about this redevelopment. In the course of the last ci&ht months. I have talked with Tricia Langon. Senior Planner for the City of Englewood. She has been very helpful and has answered a 101 of questions concerning the exi ting R·3 and the proposed PUD rezoning. Third, I have met with the develo per. Mr. Forstrnann. and the architect. Mr. Tryba with many concerns and questions concemina this project a nd how the Denver Seminary redevelopment would be ph cd and completed. They have responded back to me with answers to each of my question and with additional mtormation pcrtainin1 to the mlc~lopment. if approved . They ha ve been very cooperative and willing to share with me any details that I needed clarified. I have now reviewed all o f the information pro ided by Tricia Langon, Senior Planner, the dc~loper. Mr. Fontmann and the arc hi1cc1, Mr. Tryba. Phillip and Diane Mumford who live at 2368 East Floyd Place. O.ve and Laz Mciuner who live at 2338 East Floyd Place and Kay Johnson who live at 2308 East Floyd Place ... all who own adjacenl property, 10 th e north property line of the Denver Seminary, could not be here ton11ht and wanted me to spcalt OCI thetr behalf They. along w11h mysclr. arc all in agrceme111 and support the rezomna or the Dmver Seminary property from the exisu ng R-3 10 the new proposed PUD rezoning. Again. thank you for your 11-and do you have 111y qllClliolls ror me ? ' t • • • ~·- Englewood City Council August 16, 2004 Page20 Mayor Garrett asked if there were any questions for Mr . Pickens . Council Member Moore said can you elaborate on your thoughts about the wall between the northern properties and the Seminary property. Mr . Pickens said yes, I would be glad to do that. We have had various meetings and at the meeting on January 13, 2004, we proposed four main issues, with a number of key items under those . The number one issue was traffic . the number two issue was utilities , the number three issue was redevelopment implementation and the number four issue was quality of life . One of the things in there was the existing wall on the nonh property boundary. I have talked with the majority of property owners on that. We wanted to do something that would alleviate noise, but would also alleviate dust as much as possible and would be a win/win, not only for the new development, but for the property owners on the north boundary. After conferring with Clarold Morgan and finding out who did their Nova sound wall, I was able to obtain information, documentation and specifications on that wall. Then also, some of our concerns that we proposed to Mr. Forstmann and Mr . Tryba was that wc would like a Nova sound wall in and on the north property boundary . When we looked at that, they agreed to put that in the PUD. Our neighbors to the west would like it to be 10 feet. We aren't sure ifwc want 10 feet . Conferring with Mr. Wells, he says you may want to consider an 8 foot wall, as opposed to a IO foot wall . On the north property boundary, we have a retaining wall that is approximately 4 feet high . It has been there since the conception of the Denver Seminary. That retaining wall may come out or it may stay depending on what they find when they start excavating. So again, after and if the redevelopment is approved, then Mr. Wells has agreed to meet with the property owners to correlate and come up with what we would like on the height and color, etc ., etc. We feel this is a very initial first step of construction as it will be, like I said, a win/win for not only the neighbon on the north property ... it will eliminate sound, dust and keep it to a minimum if at all possible. Also once constructed, it would be a win/win for privacy on both sides. Council Member Moore said do you mind saying how many houses off of University you arc? Mr . Pickens said I am lot number 5. There arc 8 homes adjacent to the north property boundary and of these people who could not be here tonight ... Mr . Mumford, Mr . Meissner, Ms . Johnson and myself...wc arc all for the project. We have had various meetings with the developer and with the architect. Mr. Moore said I WU actually curious for you personally. how far off of University arc you? I am interested in the shade issues on your house. Mr. Pickens said we arc in lot 5. Mr. Moore said translate that for me ... 5 houses in from University? Mr. Pickens said S houses to the west of University . Mr . Moore said okay and how is your house impacted by the shade? Mr. Pickens said wc do realize there will be some shade issues and we arc willing to have tradeoffl on that, for the pins that will benefit us from not only the wall, but from the new development . We feel it is a win/win scenario for Englewood. for the neighborhood and for all of southeast Denver . Mr . Moore said I'm sorry. the ocher parties you mentioned that you are representing tonight, what lots arc they in? Mr . Pickens said okay. Philip and Diane Mumford arc in lol 2. Dave and Liz Meissner in lot 3, Kay Johnson is lot 4 and myself and my wife arc in lot S. Mr. Moore said so those ocher homeowners are even closer to University, correct? Mr. Pickens said, yes they arc . Mr . Moore said thank you. And . Council Member Barrentine said, all of those properties arc all along that one row? Mr . Pickens said yes we are . We are adjacent to the north property boundary . Ms . Barrentine said there arc how many houses that were adjacent to that? Mr . Pickens said there arc basically 8 homes adjacent to the north property boundary. Of which, Pat Montgomery. who spoke earlier, is a home owner. Mayor Garrell said thank you very much . Jonah Staller said my address is 3345 South Columbine Circle, Englewood. I have been involved in discussions over the past few months on behalf of a number of residents of Cherry Hill s HeiahU Filin& A in unincorporated Arapahoe County. which I am actually expanding or talkin& aboul the same iuues as Melissa Grauman was a little while ago. She sits on the Board for the Cherry Hill s Heiahts Water and Sanitation District . I am a raidenl. but not o n the Board for the District. but I have been active in discussions with Mr. Tryba. Mr . FontmaM and Mr. Well OYCr the pasl several months . As you know, our neipborhood is 10 the east of University Boulevard, directly acrou fro l!l the Seminary development. This evenin&, we were able to finalize an a&Remelll with JVF and we an: happy bout th 1. We are offering our upport for approval of the PUD , based on that apeemc:111 . There arc a couple of thing that M . Grossman was not able to mention . JVF has also apeed to illllall and pay for a sidewalk OIi the east ,de of Uruver 1ty. as well as landscaping . In addition, JVF apeed to.-chulaes to the PUD laapafe. relMed to the 10 -. n house • to ensure that any restrictions that apply on the west and 11111th to the town houla. will also appl ' • • Englewood City CouncU August 16, 2004 Page 21 ·• • 0 0 on lhe east side , because there are a few town houses to the east up in the north !here . I think wilh that, I will close my comments . Mayor Garrett said which side of the wall is the sidewalk? Mr. Staller said the sidewalk would be on the west side of the wall. Mayor Garrett said right along University ? Mr . Staller said yes, along University Boulevard. Mayor Garrett thanked Mr. Staller. [Clerk 's note: 2 letters were entered into the record . Both arc from Liz and Jack Matteson, 23()1) East Hoyd Place.) Mayor Garrett asked if there was anyone else who wanted to speak during the Public Hearing. There was no one. Mayor Garrett said I have one question . Mr. Herzog has left , but I had a clarification question which Ms . Langon I think you will probably answer. If COOT docs not approve the traffic signal and the other requirements to be made to University, what happens to the PUD? Ms. Langon said because the condition of approval has been the requirement to complete the public improvements , which would be the right turn lane and the left turn lanes ... that would control whether the PUD would go forward . We have to start somewhere , so the beginning process , since COOT would not even consider any changes without seeing the project, and the project has to be approved before they can submit, we arc kind of an egg and the chicken. which do we do fi rst? We have to approve the PUD , to move things forward . We have met with COOT representatives and County representatives on the traffic issue . We had a large meeting on that. Not speaking for COOT , I would say that they were in favor of the project. Mayor Garrett said this is a requirement of the project goi ng fo rward . The simple answer . Ms. Langon said correct . Mayor Garrett thanked Ms. Langon. Council Member Moore said I just want to confirm that the City agrees with the drainage issues . They sound great , but I want to make s ure the City agrees that the drainage issue is an improvement. Ms . Langon said yes and I think Mr . Ross wo uld probably be the best person to address that. Ken Ross said I am the Director of Public Works. Before development , in a minor storm, this runoff that was co ming fro m the site . was close to about 15 cfs in what we call the five year event. That is going to drop down to a1most 2 cfs after development, bec ause of the detention that they arc providing. And, you get a similar reduction for the 100 year event and the 100 was close to 47 and because of detention it will drop down to 11 . This devel o pment is help ing us with our situation at Roman 's Park . Co unci l Membe r Moore sa id , sim ilarl y. Public Works has reviewed the traffic improvements, but can you comment on th at? It was stated that so uth bound Univers ity traffi c , in the afternoon, will get worse . Do we expect much impact on Floyd Pl ace and Floyd Av enue with th at addit iona l bac kup on Uni versity? Mr . Ros said according to the traffic stud y, what they have done is they have analyzed it for three differe nt 1tua11on : condition without the project. conditions with the projec t assu ming 60% pass by and the n condi tions with the project with 45% pass by . And . basicall y. what they have determi ned is with the proposed improveme nts with the AM peak for the nor mal part of the day. it actually will improve the si uation out there . For the PM peak, it doe n't improve it. but the mag nitude tha t it decreases. or the amount that it increases the amount ofbackina. is fro m 630 feet rig ht now to 760 feet. So we arc bac king it up another 130 feet . but when you factor in the fact that Floyd Place is 925 feet and what they arc ta lking about i the 95'l> event . In 95% of the time it is goi ng to be less than Flo)d Place . Now . sure there 1s go ing to be 5% of the time that you arc goi ng to sec ii back up farther than that 760 feet. bu1 again. v.e experience tha t today and you wi ll con11 nue to ex pencnce that . So basically from these o<J.lllben. they ares.a mg 1t 1S going to be 130 feel v.-onc tha n wha t 1t i today . Council Member Moore thanked Mr . R06S . Cou11<·1I 1ember Moore $&id I ha\e one rDOR qUCSllOII ror Tricia. I would like you to confirm a Male-nl that I belie\e ou made at the beguwn . Where the 14 IIOr}' bwld1na I b npc, 1f thal i the only bui ld1a, -wen ul~1n about . th.At bwld1n • v.herc 11 localed. rould ha~e ac-to ?20 feet . ' . .. .. .. • • Englewood City Council Aucust 16, 2004 Pagell Ms. Langon said right. under the old Code. Mr. Moore said that would mean the town homes couldn't be there to do that because that wouldn't be part of the setback that would be needed to do that, correct? Ms. Langon said actually the town homes could still be there, because it is the building setback. It is not a setback for the project, it is for the building. So each individual building could be rearranged. Now again, that is under the old Code. Under the UOC, that height extension provision is gone. Mr. Moore said it is gone ... actually I thought you said it was still there, but it is no longer there . Ms. Langon said no, that was when I was comparing new, old and proposed. Mayor Garrett asked if there were any more questions for Tricia. Council Member Barrentine said I don't know if this is for Tricia. How much traffic flow comes in and out of the Denver Seminary right now and how many people arc there? Do all the students reside on that property? You obviously had some traffic going in and out. Ms. Langon said I believe there arc 80 units there now and they average about two or two and a half. I think there arc about 150 people living there currently. Director Ross said the existing trips from the site arc about 1,900 per day. Ms. Barrentine said that is for people coming for classes and the people who reside there, just the traffic flow that you have. And how much do you anticipate that will increase? Mr. Ross said, depending upon some assumptions with respect to pass-by trips, they arc saying that it will increase by about 1700 trips, so it would be 3600 trips. Now that is assuming a certain number of pass-by trips . What we arc doing with the pass-by assumption ... what they arc saying is, there arc trips on University already and there arc cars on Hampden already and they arc not going to deviate ... they arc already there and they arc going to go to this site anyway. So, you arc not increasing the amount of cars on either one of those streets ... that is basically the assumption. Ms . Barrentine said so that is pan of that number. Mr. Ross said yes, that is part of that number. If you don't recognize some of that, then it could be a lilllc bit higher. · Mayor Garrett asked if there were any more questions. Council Member Moore said he had one more question. Lauren actually brought this up in the Study Session lut week. Just kind of an overview of what exceptions arc actually being asked for here, IS it comes down to, obviously. the major one is the retail...the change 1n the amount of retail space. I know, IS a PUD wc arc looking at it as a whole . so I don'1 need every little detail, but from a high level, the major thing is a loc more retail than this propcny would h ove by right. Ms . Langon said corm:t. Mr. Moore said I'm hearing that building height is not really much of an cxccplion to what was already permitted. Rcphrasc ... if you pulled the retail out, how much of thi s conversation would we still be having? M s . Langon said under the old Code when this was submitted without the larger portion of retail, it would have been a use-by-ri ght , and it really is the retail that drove the PUD request . Mr. Moore said thank you. Council Me mber Barrentine said that did answer my question. thank you .. M ayor G arren asked if Co uncil had any more questions for e ither staff or the applicant. There were none. COUNCIL MEMBER WO~YN MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 41, APPROVING fflE PROPOSED DENVER SEMINARY PLANNED UNIT DEVELOPMENT. Cou nc il Member Moore said I have que lions aboul the 10 fooc wall on the north side ... the apecmcnt. I don't know 1f 1ha1 1 a matte r for the P UD. Maybe I should raiK II now and maybe wc should defer the answer. It sounds clear th at a t lc.1S1 half, or may be the majority o f the homeowners on the north side. are involved ia the diacussion of th e fence . What LS not c lear to me i • arc there home o wners who oppo1e a fence 1n their back yard up to 10 feet ? nd ag:un, I d n't l no 1f th i comes later, but I have a problem with forc1n1 a homeo11o"11er whose cuma law say a fence "111 not be O\Cr 6 feet . and then for dna them to have a 10 foot fence 1n their back yant. I'm not Mn how 1ha1 proc ,. uld '°'°'" uself our . ' • • Englewood City Council August 16, 2004 Page23 0 Ms. Langon said I can address that. Within the PUD document the nonh wall is going to me similar to the west wall ... the Nova sound wall ... and the height is to be detennined by the developer after consultation with the property owners to the nonh. So, that is already within the PUD, that the actual height. .. it is up to 10. And again, it is based on that retaining wall that Mr. Pickens discussed. If it remains at a 4 foot retaining wall and then you put up a IO foot wall, suddenly you've got a 14 foot wall. lfthe retaining wall is retained, the fence could come down. So that is why it was written ... up to IO feet, because until we have a final grading we don't have an exact height. So I know, procedurally, how do we address who wants and who does not want a IO foot wall? Whether it is written as each individual property or whether you just pick a number that all properties will have. That is pretty much is your choice, at this point. Council Member Moore said okay, so right oow it is a generic statement of agreement between the property owners. So, I think to the extent that we wish to clarify that. .. what the agreement between the property owners means ... that is after the Public Hearing. Thank you. Ms. Langon said if I could make just one other comment. I think it was Mr. Staller who mentioned that there were language changes regarding the buildings to the northeast. .. the town homes that face University. If that language is to be changed, that needs to be changed on the PUD and would have to be part of a recommendation and condition, because it is not currently included in the PUD. Council Member Bradshaw said so we need to request that, that needs to be written up. Ms. Langon said that is right and I can prepare the conditions for you if you would like. Council Member Barrentine said Tricia, you are talking about the comment he made that there would be the same requirements on those town homes facing University, that there are on the west side of this project ... that all of the standvds would conform all the way around? Ms. Langon said right, for the town homes to the west, the oonh and the east and it is just a matter of adding that on page 4, I think it is page 4 . Ms. Barrentine said they are not presently conforming all the way around? Ms. Langon said it is just a clarification really. It was the intent, but it isn't written that way, so it is just a clarification and it is just a matter of adding the word "east" to the oonh and west. It is very simple. Ms. Barrentine said okay, now I understand. Vote results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried and the public hearing closed. Mayo r Garrett said I want to thank everyone who came tonight for the Public Hearing. The process will be as foll o ws : on September 7"' we will have a meeting, which is a Tuesday, because of Labor Day on the 6•. We will have o ur first meeting in September, at which time we will look at this project on second reading. Now given that there has been some amendments since our first meeting, in essence we will have to adopt those amendments if Counc il so c hooses. If we do that and accept some of the amendments or some of the changes, that in essence become s firs t reading again. Which then if that passes on September 1•, we will then take it up on second reading o n Septe mber 20111• Now if everyone understood that. I see some confusion. There are some amendments that will need to be dealt with at the next meeting. So that in essence means it will pass on first reading. 11 . Ordlnancn, Resolution and Motloal (a) Approval of Ordinances on First Reading T here were no additio nal items submitted for approval on first reading . (See Agenda Item 9 -Consent Agenda .) (bl Appro val o f Ordinances on Second Reading There "ere no add it ional item s ubmitted for approva l o n second reading . (See Agenda Item 9 -Conselll Aaenda .) (c) Resolut ions and Motions ' ... .. • • - • Englewood City Council August 16, 2004 Page24 (i) Director Simpson presented a recommendation from the Community Development Department to adopt a resolution authorizing assignment of Englewood 's 2004 Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs in the amount of S 1,306,320.00 . Mr. Simpson said these private activity bonds go towards creation of home ownership programs within the City of Englewood . We have had a choice of where those bonds could be assigned in the past. For example, they were previously assigned to the Metro Mayors Caucus . In the past couple of years we have assigned them to the Colorado Housing and Finance Authority and th is year we are again recommending that you assign them to that Authority for use for homeownership programs. In 2003, there were a series of loans that were done in Englewood using CHFA and those private activity bonds. Mayor Garrett asked if there were questions for Mr. Simpson Council Member Bradshaw said the other reason that we didn 't put it in, with the Metro Mayor Caucus , is CHFA will hold it longer . Mr . Simpson said yes. Ms. Bradshaw said five years , versus one year at Caucus. Mr. Simpson said actually they will end up holding it, perhaps. even longer than that for our use in creation of housing programs in this community ... homeownership primarily . Ms . Bradshaw said okay and that is one of the goals of the Housing Authority ... to increase home ownership by 25 homes in the next five years . The resolution was assigned a number and read by title : RESOLUTION NO . 84 , SERIES OF 2004 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD. ARAPAHOE COUNTY. COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 114, SERIF.s OF 2004. Mayor Garrett asked if there were any comments . There were none . Vote l'ftlllts: Motion carried . Ayes : Nays : Council Members Banentine, Moore, Bradshaw, Garrett, Wolosyn. Woodwud. Tomasso None (1i) Division Chief Vandermee presented a recommendation from the Department of Safety er v1ce to ado pt a resolution approving the National Incident Management System as the basis for erneraency o perau oru, within the City and for inter.agency cooperative response efforts at the metropolitan. state, and national level . He said what we are recommending is action by Council approvin& an illlergovemmen&al cooperation for the Nau onal Incident Management System. In about the mid 80's the fire diV1sion, primarily. bepn usina the Incident Co mmand Sy tern. and they have been more ac tive in that than the police service has '-ti, but in February 2003 the President mandated. primarily as a result of the 9111 incident. the developmelll of a 1yatcm to enhance the cooperation and communication for all erner,ency services and that is what the Nadonal Incident Manqemeat Sy tcmi . Mayor Garren asled if there were any qucwons for Divmon Chwf Vandermee . Council Member Wolosyn 111d w the di ,n our pactecs somclluna that w an auxiliary material for this . Mr. ndermce sa id )CS, 111 . Ms Wolo.yn Slid I couldn 't o,,cn II She said tha11 neither here • there , ljllll wlllled 1o know . M )Of Garrett li;cd 1( there ,.~ u ocher ' • • Englewood City CouncU August 16, 2004 Page 25 The resolution was assigned a number and read by title : RESOLUTION NO . 85, SERIES OF 2004 A RESOLUTION APPROVING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (N.I.M.S.) AS THE BASIS FOR EMERGENCY OPERATIONS WITHIN THE CITY OF ENGLEWOOD, COLORADO AND FOR INTER -GOVERNMENTAL COOPERATIVE RESPONSE EFFORTS AT THE METROPOLITAN, STATE AND NATIONAL LEVEL. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U). RESOLUTION NO. 85, SERIES OF 2004. Mayor Garrett asked if there were any comments. There were none. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 12. General Discussion (a) Mayor's Choice (i) Mayor Garrett said just as a noce, because next week is a forum at the Wastewater Treatment Plant for your District, I will not be meeting with Gary Wednesday morning . (ii) Mayor Garrett said the next forum is in October. We rotare the districts and this is District 4, but I wondered if someone from the At-Large group would like to host that meeting that would probably be good . It is the end ofOctober ... the fourth meeting in Octobcr ... so ponder that and give it some thought for those that might want to host a meeting, ba:ause a lot of times the At-Large Council members do not get to host . (iii) Mayor Garrett said do we want to continue the discussion this evening on the Board of Adjust ment and Appeals? John is worn out on that topic . Council Member Moore said we have all had a long night. Mayor Garrett said we will hold that one and continue the discussion or not, at your discretion . Council Member Moore said I don 't think that the conviction of the majority of Council is as strong as mine, I'm prepared to let it go . (b) Council Members' Choice (i) Council Member Barrentine : I . She said I wanted to thank Gary Sears for all the work he has done in helping Keep Englewood Beautiful. 2. She said I wanted to thank Anthony, in planning department , the liaison for that Board, for all the hard work he ha s done to help Gary with some of the projects he is helping us with . I hope it is succcuM . I saw that we got a write -up in the Englewood Citizen and I hope there arc a lot of people to come out and run and support our recycling project . 3. She sa id I also wanted to thank Paul Hendncks. a new member of the Code Enforcemenc Board. He was graciou~ enough 10 take me around , as a reporter from the Castle Rock paper was doing a i10fY on h11 bee keepina bu)1ne s that he ha out in Elizabeth . He received Weitword ' award for best honey . I am glad that he is an Englewood c111 1.en and a n Englewood bus1nei . I JUSI had a really eiuoyable day and he put me to won. wluch I am tm prc sed when anyo ne can II there and make me do that much work . h was 1ntereatin1 and I -. ID lhuli: him for 11. ' t ' • • Englewood City Council August 16, 2004 Page26 (ii) EJ Council Member Bradshaw : I . She said I would like to express my sincere sympathy to Barb and Stu Fonda for their loss. It is a horrible thing . 2. She said congratulations to Ray and Diane . Welcome back. 3. She said at our Parks and Recreation meeting, our new youth member, who we interviewed from St. Mary 's Academy said she is getting up a team for your SK run from her school. So, I just thought you need to know that she is already working. She is a delightful young woman. 4 . She said thank you to Jeff Sanchez and Joyce Parsons for the help on the South Corona issue . 5. She said the Parks and Recreation Commission asked for a response from Council to their recommendation on the off-leash program. We probably need to get some kind of response back. They want it in writing. Mayor Garrett said I will tell them that they have to wait, because we are trying to get some information on dog park numbers and everything on the budget process to see what we can and cannot do. But, Ms Bradshaw said, I mean on their recommendation that they sent us . So maybe we should revisit that, okay? 6. She said can Homeland Security funds be used to help safeguard our water supply? I ask, she said, because at our Water and Sewer Board we discussed that and I would like to have staff research that, because if it is a matter of adding some things to the Allen Treatment Plant, rather than going to a bond issue to do that, why can't we use Homeland Security funds? That would, in tum, save us money ... bonding and all this other stuff. (iii) Council Member Tomasso : I . He said I would like to thank Council for the flowers. That was a nice gesture and it was a nice little note. 2. He said while I was out of town I had a call about the Unified Development Code. They called Community Development and Mark Graham walked them through the Unified Development Code ... pointed out what their problem was in trying to put a triplex on a 75 foot lot. So I want to thank Mark for taking care of that for fielding some of the problems while I was out of town. (iv) Council Member Woodward said I would like to thank Ken for his response to my questions that came from a citizen regarding the Mansfield parking in front of the High School and the painting. am going to share that with a number of the neighbors that were talking about it. It was very helpful. Living right there and I wasn't aware that that was what happened at that time . Thank you Ken ••••• Ma yor Garrett said in connection with the run , we probably should have some brochures on the run al the Recreation Center. There is no advertisement there . Ms . Barrentine said it is my understanding that we are working on the new one . Mayor Garrett said okay . Ms. Barrentine said I have some more . I just had a tremendous response from people and bu5ineues donatina lhings for the drawing afterwards . But it was my understanding that Anthony was working on getting another brochure that gave a little bit more information on how exciting this is. so I would eitpecl that this probably is already done and I will make sure that they have them down at the Recreation Center. 13 . City Muaaer's Rtpon (a) City Manager Sean said we ue finalists on a couple of prog,ams that we put in for. for some pote noal award . I think Bob will let Council know about that , becau,e there are some thinp dial we may .-IO t .... .. • • Englewood City Council August 16, 2004 Pagel7 attend in September in Fort Collins and Council might want to possibly attend one or two of these sessions for a couple of these awards . One is through National League of Cities and another is a state-wide award that looks like we may be in the running for . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment RRE'IT MOVED TO ADJOURN . The meeting adjourned at 10:30 p.m. ~~·I-~ .,, t . .. .. • • AGENDA FOR THE REGULAR MEmNG Of THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 16, 2004 • 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7:~~ 2 . 3. 4 . 5. Invocation.~ Pledge of ARegiance.~ Roll Call . 1111 '1 ~ Consideration of Minutes of Previous Session. ~'J-tJ-Minutes from the Regular City Council meeting of August 2, 2004. ~ 6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Fire Battalion Chief Andy Fox will present a commendation to recent Englewood High School gradua te Carolyn Yaklich, and other5 for their work on a school project aimed at raising a\ areness of the dangers of teenage drinking and driving. 7. Recognition of Unscheduled Public _comment. (Please limit your presentation to five minutes. Time fo r uns c heduled public comment may be limited to 45 minutes and if limited shall be continued to Ge neral Discussion .) ff 8 Communicati ons, Proclamations, and Appointments . a. A proclamMon ~ecl,ring ~ember as National Alcohol and Drug Addiction Recovery !Jffd IJ-l) Month . m~ --;-·, Pl a e note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303 -762-2405) at least 48 hours in advance of when services are needed. ~ ' .... • • D Engl ewood City Co uncil Ag enda A ugust 16 , 2004 Pag e 2 9 . Ofld,'1-() b. i. Council Bill No. SO -Recommendation from the Community Development Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the State of Colorado Economic Development Commission for Arapahoe County Enterprise Zone grant funding. STAFF SOURCE: Darren Hollingsworth, Economic Development Coordimtor. Approval of Ordinances on Second Reading. i. Council Bill No. 37, authorizing an Intergovernmental Agreement with Arapahoe County Commissioners concerning •0pen Space" tax shareback funds . ii . Council Bill No. 48, approving an intergovernmental agreement between the City of Englewood and Arapahoe County for the November 2, 2004 Coordinated Election. iii. Council Bill No. 49, authorizing an agreement with the Regional Transportation District for CMAQ funding for the Circulator Shuttle. l c. Resolutions and Motions. ~ 1?-0ubl~c1~}~1~:ms. M~~1 tfr &/MJl!. I/IHNJ~ ap,t' a. ~~~slime'~ Couod U No . 40, appmving the p,opo~ D enver Seminary Planned Unit Developmen t Trim• L..,. .._..,. o. .. .._., ..,. ,..._ ..... ,.._ a.aw Malta ... .__ bMS... 11 . O rd inan ces, Reso lutions and Motions. llll...t::;--t.,. °"" c..-. 0. ....... ..... w.. 0..-....... ... ....,.._, DIM 1-s-i.. c- a. b. C. 4f!id 'HJ~ 'Tt1~'1 Appr~f O rdi nances on Firs t Reacltng . Appr~f Ordinances on Second Readmg. Re olu tions and Motions. ~ff-/ i. ~'l-0 Recommendation from th Communify Development ()eparfflent IO ~t a resolution au thorizing 1gnmfflt of Englewood's 2004 Prtvate ActM1y Bond Cap Alloca tion to the Colorado Housins Mld f!Nnee Authonty fo, home ownership pro rams . STAff SOlJICI :,,,_. !i1Jlltv A ~ ' • • ' 'Englewood Ci ty Counci l Agenda August 16 , 2004 · Pa ge 3 ii . Recommendation from the Department of Safety Services to adopt a resolution _jj,-,P"' approving the National Incident Management System as the basis for emergency fTIJ':) operations within the City and for inter-agency cooperative response efforts at the f/-o metropolita.n, state, and national level. STAFF SOURCE: Cilaril 0118,n 91r~&,. s•t>,« &emces. ~ PO'-IU IISfrJll!IJliMI.I. 12 . General Discussion : a. Mayor's Choice. b. Council Member's Choice. 13 . City Manager Report. 14. City Attorney Report. 15 . Adjournment./O ;Jor The following minutes were transmitted to City Council between July 30 and Aupt 12, 2004. • Englewood Liquor Licensing Authority meeting of July 21 , 2004 • Englewood Planning and Zoning Commission meeting of July 13, 2004 Please note: If you have a disability and need ...a.y Mch Of ten1CN. pleue notify the City of Englewood (303-762-2405 .it le.1st 48 hours rn •-•of..._ MMCft Ne needed. Thank • .t • • ( ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Session August 2, 2004 I. CaUtoOnter 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. PledgeofAlleglance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCaU Present: Absent: A quorum was present. Council Members Tomasso, Moore , Barrentine, Garrett. Bradshaw; Wolosyn None [Clerk's note : There is a Council Member At Large vacancy due to the resignation of Council Member Yurchick. Mr . Yurchick 's resignation was effective July 3, 2004.) Also present : 5 . Minutes City Manager Scars City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Judge Atencio Court Administrator Wolfe Manager Danncmiller, Community Development Planner Fruchtl, Community Development Director Simpson, Community Development Director Ross, Public Works Director Black. Parks and Recreation Lieutenant Sanchez, Safety Services (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTFS OF THE REGULAR CITY COUNCIL MEETING OF JULY 19, 2004. Mayor Garrett asked is there any comments or corrections. There were none . Vote results : Ayes : Nay s: Motion carried . 6 . Scheduled Visitors Council Members Barrentine. Moore . Bradshaw . Garrett. Wolosyn, Tomasso None ' .· .. .. t Englewood City Couodl August 2, 2004 Page2 (a) Douglas Habgood, Championship Director for the U .S . Women's Open GolfChampionsbip, said I just want to thank you for taking tile time to listen to us reguding the U .S. Women's Open, wbich is coming June 20th through the 26111 of 2005 at Cherry Hills Country Club located in Cllerry Hills Village. I, myself, work for a marketing company that is hired by the Club, and the U .S.G.A., to manage the event from the ticket sales to the whole operation. Just to give you a brief overview of the Cbarnpionship, we will be on TV for four days on NBC and ESPN. We expect more than 100,000 visitors to Colorado. We have 2,500 volunteers, which arc currently signed up and being trained as we speak, 156 players, which arc the best amateurs and professionals from around the world playing for a $3 million purse. There arc 500 media that come along with this event, as well as a number of spectators, caddies, and vendors, all of which we will welcome with open arms to our great State. We of the U.S.G.A. do our best to promote a family atmospllerc at our events. Our ticket prices arc very affordable, and in addition to that, we allow any children or juniors ... 17 and under ... to be admitted ficc throughout the week with a ticketed adult. We are trying to create a family atmosphere at our Championship. As you might usume, the economic impact of this event is quite substantial. We believe that we will bring more than $25 million to the State of Colorado and I think it is interesting to DOie that Cherry Hills Village, which is where we arc located, probably will not sec most of that since they do not have any businesses within their boundaries, so we feel that Englewood will benefit from all of our visitors. With rcgud to the direct impact on Englewood, I did have a meetina awhile ago with your City Manager and your Director of Public Works. We arc currently evaluating several parking areas, including the Denver Tech Center. We nccd to find parking for not only our public spcctaton, but also our VIP's, volunteers, our Club members and Club staff, which will include a fairly complicated busing plan due to the fact that there arc no real large open areas remaining in this vicinity. Part of that plan does include the use of Clarkson as a return back to the Denver Tech Center. The real reason that I am here today is that I wanted to ask the City Council to grant us a special exemption to advertise the Championship through yow-Broadway banner location and ow-best case scenario would be to have that banner promoting from May 1 • through June 26*, 2005. I am aware of yow- Pirates Cove and your summer concert series promotions and would be willing to work with you to switch out at those times. But I would really appreciate Englewood getting behind this event, since it is such a benefit and a great event for yourselves and all of your residents. He asked if there were any questions. Mayor Garren asked if there were any questions. Council Member Bradshaw said so you are asking us to extend this for an additional 30 days beyond what our policy allows? Mr. Habgood said yes. I am asking you, as a non-Englewood based event as well. I believe there is some stipulation in yol\r bylaws that it has to be an Englewood event. So, those arc the two stipulations that we arc asking you to consider. Mayor Garrett asked if there were any other questions. Council Member Bradshaw said we will take this under advisement. Mayor Garrett said what we usually do is we hear your request and at some point we will discuss it ... either this evening or at a Study Session and we will get back to you. Mr. Habgood said okay. Mayor Garrett said we do have a little bit of time between now and when you want it to be posted. Mr. Habgood said yes we do. thank you for yow- timc. Mayor Garrett said thank you very much and good luck with your event. 7. Unscheduled Visitors There were no unscheduled visitors . 8. Communications, Prodamatio111 and Appoint-a. (a) A letter from Mike Adams indicating his rcsianation from the Planning and Zonina Commiuion was con idcrcd. ' ·'- • • 0 ( Englewood City Council August 2, 2004 Pagc3 COUNCIL MEMBER BRADSHAW MOVED, .AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF MIKE ADAMS FROM THE PLANNING AND ZONING COMMISSION. Council Member Bradshaw said it sounds like he is moving to a good place though . Mayor Garrett said yes . Ms. Bradshaw said he is moving up to the ski country. Mayor Garrett said Summit County. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Tomasso None (b) A resolution appointing Stephen Hunt as a regular member on the Planning and Zoning Commission was considered. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) • RESOLUTION NO. 81, SERIES OF 2004. RESOLUTION NO. 81, SERIES OF 2004 A RESOLUTION APPOINTING STEPHEN HUNr TO THE PLANNING AND ZONING COMMISSION RJR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Tomasso None Mayor Garrett said Sue is preparing your certificate as wc speak. We had a bit of confusion this evening and that is pan ofit. [Clerk·s note : Mayor Garrett presented Mr. Hunt with a certificate and City pin just before the rciception.J (c) A resolution appointing Jim Woodward as City Council Member At Large was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 8 (c) • RESOLUTION NO. 82. SERIES OF 2804. RESOLUTION NO. 82. SERIES OF 2004 A RESOLUTION APPOINTING JIM WOODWARD TO THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett said I would like to make a quick comment. I think all of us were excited, and somewhat surprised, when we had 27 qualified applicants, which we interviewed way into the night last week. The other thing that was quite exciting was the qualifications of these applicants . I think the pool wc had and just the enthusiasm of a lot of the people we met was really gratifying for me and I am sure for other Council rncmbcn. Vote results: Motion carried . Ayes : Nays: Council Members Barrentine, Moore, Bradshaw , Garrett. Wolosyn, Tomasso None (d) The new City Council Member Jim Woodward was sworn in by the Honorable Judae Vincent Atencio. There was applause. ' ... .. • • --- Englewood City Council August 2, 2004 Page4 ·• • 0 r 1 +0 · Mayor Garrett said we will have a great reception next door. He invited everyone to join Council in a brief welcoming ceremony for Jim. (e) Brief Reception. The meeting recessed at 7:50 p.m. for a brief reception. The meeting reconvened at 8: IO p.m. with all seven Council members present. Mayor Garrett said we welcome our new Council member. 9. Public: Hearing No public hearing was scheduled before Council. IO . Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (U), (W), (Iv), (v), (vi), (vU), (viU), (Is), (s), (sl) and 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 48, INfRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTER.GOVERNMENT AL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COWRADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 2, 2004. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 37, SERIES OF 2004 (COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A RENEW AL OF A LEASE AGREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COWRADO. ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER ." (ii) ORDINANCE NO. 38 , SERIES OF 2004 (COUNCIL BILL NO . 35, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2. SECTION 8, OF THE ENGLEWOOD MUNICIPAL CO DE 2000. PERTAINING TO HOTEL SEWER TAP FEES. (iii) ORDINANCE NO. 39 , SERIES OF 2004 (COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REPEALING AND REENACTING A NEW TITLE 12, CHAPTER 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AMENDING THE "GREATER METRO TELECOMMUNICATIONS CONSORTIUM CU STOMER SERVICE STANDARDS ." (iv) ORDINANCE NO. 40. SERIES OF 2004 (COUNCIL BILL NO . 38, INTRODUCED BY COUNCIL MEMBER BRADSHAW) ' . .. .. • • , Englewood City CouncU August 2, 2004 Page5 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES ENVIRONMENT AL PROTECTION AGENCY (EPA) AND THE CITY OF ENGLEWOOD, COLORADO, FOR THE ISSUANCE OF STATE AND TRIBAL ASSISTANCE GRANTS (ST AG) FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PHASE 2 EXPANSION PROJECT . (v) ORDINANCE NO . 36, SERIES OF 2004 (COUNCIL BILL NO. 39, INTRODUCED BY COUNCIL MEMBER MOORE) AN ORDINANCE AMENDING THE RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION VII, COUNCIL PROCEDURE, SUBSECTION A, ORDER OF BUSINESS PERTAINING TO PUBLIC COMMENT . (vi) ORDINANCE NO . 41, SERIES OF 2004 (COUNCIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 12, CHAPTER 8, SECTION 12, OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ALLOWING PROPERTY OWNERS TO ''OPT-Ot.rr AFTER THE urn.JTY DEPARTMENT HAS MADE CONCRETE REPAIRS ON THEIR PROPERTY. (vii) ORDINANCE NO . 42, SERIES OF 2004 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN COLORADO STATE UNIVERSITY (CSU) AND LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE COOPERATIVE RESEARCH PROJECr ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . (viii) ORDINANCE NO . 43, SERIES OF 2004 (COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND JUDITH A. HARRIS TO MAINTAIN A PORTION OF THE CITY DITCH ADJACENT TO 3596 SOUTH BANNOCK STREET . (ix) ORDINANCE NO . 44, SERIES OF 2004 (COUNCIL BILL NO . 4S, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENG1£WOOD, COLORADO, AND GREGORY ALLEN PICKETT TO CONSTRUCT A FENCE OVER THE CITY DITCH ADJACENT TO 3001 SOUTH PEARL STREET, ENGLEWOOD, COLORADO. (x) ORDINANCE NO . 45, SERIES OF 2004 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING OF AN AGREEMENT BETWEEN EXCEL ENERGY AND THE CITY OF ENGLEWOOD FOR AN ELECTRIC DISTRIBUTION FACILITIES EXTENSION AGREEMENT REQUIRING FUTURE DEDICATION OF RIGHT-OF-WAY BY THE CITY FOR THE CITY DITCH RECIRCULATION SYSTEM . (xi) ORDINANCE NO . 46, SERIES OF 2004 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGRF.EMENT BETWEEN THE CITY OF LITTLETON , COLORADO. AND THE CITY OF ENGLEWOOD, COLORADO, PERTAINING 10 THE ''THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF LITJ'lEl'ON AND ENGLEWOOD, COLORADO FOR JOINT WASTEWATEJ!. TREATMENT FACILITIES ." t . .. .. • • En&lewood City Council August 2, 2004 Page6 (c ) Resolutions and Motions 0 . (i ) CONTRACT WITH A-Z POOLS AND SPAS OF ARV ADA, FOR RESURFACING THE RECREATION CENTER POOL IN THE AMOUNT OF $45 ,781.25. Vote results: Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) Manager Danncmiller presented a recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an agreement with the Regional Tnnsportalion Dillric:t for CMAQ funding for the Circulator Shuttle. She said I would like to rcquesl approval for a bill for an ordinance approving receiving money from the DR COG TIP Funds ... Transporwion Improvement Program Funds .. .for the funding of the Englewood Circulator Shuttle. These funds arc in the amount of $662,000.00 for a Ihm: year period ... 2004 through 2006. They actually can be expended outside of 2006. Since we arc getting started later in the year they actually will go through 2007. It is just the amount that is limited, ralber than the time frame that is limited. The funds will actually cover 80% of the operating costs for the shuttle. RTD will conlribute I~ over three years and the City an additional 10% over three years . I did list all the operational statistics of the shuttle. If you would like me to go into that I can, if not they arc pretty straightforward. This bill will actually need to be approved by RTD, after our approval. Mayor Garrett asked if there were any questions for Ms . Dannemiller . There were none. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 49. COUNCIL BILL NO . 49 . INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AUTHORIZING THE "INTERGOVERNMENTAL AGREEMENT'' ENTITLED '"AGREEMENT FOR ENGLEWOOD SHUTILE CMAQ FUNDING 2004-2006 BETWEEN THE REGIONAL T RANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD. COLORADO. M ayor Garrett asked if there was any disc us sion . There was none . V ote results: M otio n carried . Ayes : Counc il Members Barrentine, Moore. Bradshaw , Garrett, Wolosyn, Woodward , T o masso Nays: None (b) Approva l of Ordinances on Second Reading (i) Counc il Bill No. 33, approvi ng the Englewood Estates Planned Unit Development was considered. C OUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b ) (I)· ORDINANCE NO. 47, SERIES OF 2004. t ,· • • C C Englewood City Council August 2, 2004 Page7 ·• • ~-1 '-'0 ORDINANCE NO . 47, SERIES OF 2004 (COUNCU.. BILL NO . 33 , INTRODUCED BY COUNCU.. MEMBER WOLOSYN) AN ORDINANCE APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT (PUD) AT 1296 WEST QUINCY A VENUE IN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garren asked if there was any discussion. Mayor Garren said I would like to point out that, hopefully, during the interim before construction we can work on the weed growth. The weed growth there is staning to get close IO that 6 inch level, so if we could think about keeping that somewhat clear during this process I would appreciate it. Vote results: Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Woiosyn. Woodward, Tomasso Nays : None Motion carried. {c) Resolutions and Motions (i) Planner Fruchtl presented a recommendation by the Community Development Department IO adopt a resolution approving the Final Plat of the Englewood Estates Subdivision. He said the applicant is Mike Duggan of Distinctive Builders. Please note that with the approval, moments ago, of Council Bili No. 33, Englewood Estates PUD establishes the rezoning of the site, establishes the zone district and development criteria specific to the given piece of property. This evening City Council will consider the Final Plat which legally subdivides the property . The Planning and 2.oning Commission considered the pn:liminary plat of the Enaicwood Estates under Title IO, Land Subdivisions, of the former 2.oning Ordinance and voted on February 6, 2004 to forward the final plats to City Council with the recommendation of approval. Title 10 required tbal rcsiclenlial propcny be subdivided through the major subdivision process, when more than three lols were crcaled or when dedication of public right-of-way was required. The subdivision proposes to create seven rcsidealial lots and !hose lots arc consistent with the Englewood Estates Planned Unit Dcveiopmelll. The Dcvelopmenl Review Team. consisting of seven City departments. reviewed the proposal of the subdivision. All idellliflcd dcvclopmcM issues of the subdivision have been resolved. Electric, gas and communication utiliticl arc available IO this site and have been provided on the Final PIii. Staff recommends that Council approve the Final Plat of the Enpewood Eawea Subdivision and accept the proposed land dedications with the followina condition: thal the effective dalle of the resolution approving the Englewood Estates be the same as the effective date of the bill for ordinance approvina the Englewood Estates Planned Unit Development. Thank you for your time. If you have any questions. I would like to address those . Mayor Garrell asked if there were any questions for Mr . Fruchti. There were none . COUNCIL MEMBER WOWSYN MOVFJ>, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (c) (I) • RF.sOLUTION NO. 83, SERIES OF 2004. RESOLUTION NO . 83, SERIES OF 2004 A RESOLUTION APPROVING THE SUBDIVISION AND FINAL PLAT OF THE ENGLEWOOD EST ATES SUBDIVISION AND ACCEPTING THE PROPOSED LAND DEDICATION SIMULTANEOUSLY WITH THE EFFECTIVE DATE OF THE ORDINANCE APPROVING THE ENGLEWOOD ESTATES PLANNED UNIT DEVELOPMENT LOCATED AT 1296 WEST QUINCY A VENUE, CITY OF ENGLEWOOD. COLORADO. Ma yor Garrell asked if there was any discussion or comments . There were none . Vote l'fSlllts: Ayes : Council Mc111bers Barrentine , Moore , Bradshaw, Ganea . Wolo&yn. Woodward . Tomasso ' .... .. • • • Englewood City Council Aupst 2, 2004 Pqe8 Nays: Motion carried. None (ii) Manager Dannemiller presented a recommendation from the Community Development Department to approve by motion a contract with Laidlaw Transit Services, Inc., for operation of the Circulator Shuttle, in the amount of $207,538.00. She said the process for the selection of Laidlaw is laid out in your memo. We went through an RFP process. We actually went through interviews. Two of the proposals actually met the requirements under both financial requirements and the remainder of the RFP . We concluded that, because of the budget and because of the remainder of the items in the RFP, that the preferred vendor is Laidlaw. They have extensive experience in circulator shuttle ... fixed route shuttles and were very willing to work with the City. We are looking forward to a three year ag,ecrnent with them with, of course, approval after the first and second years, if the terms of the contract are met. If there are any questions, I would be happy to address them . Mayor Garrett asked if there were any questions. There were none. COUNCIL MEMBER MOORE MOVFJ>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ll) -A CONTRACT WITH LAIDLAW TRANSIT SERVICES, INC., FOR OPERATION OF THE CIRCULATOR SHUTTLE, IN THE AMOUNT OF $207,538.00. Mayor Garrett asked if there was any discussion. There was none. Vote ffllUlts: Ayes: Nays: Motion carried . 12 . General Dlsamloll (a) Mayor's Choice Council Membeni Barrentine, Moore, Bradshaw, GalTClt, Wolosyn, Woodwud, Tomasso None (i) Mayor Garrett said I would like to mention that David Taylor is moving and will be moving out of the City Cen1er property next door. I think he is movina southwest, if I'm not mistaken, but he is moving away from City Cenler. We are in rqociation tbrouah EEF, and then we will seek Council's approval, of an exit agreement with David Taylor that is hopefully beneficial to Mr . Taylor, as well as to the City of Englewood. That is in process as we speu. (ii) Mayor Garrett said what is Council's pleasure on discussing the banner? Would we like 10 do ii at a later time, to have a little more in depth convenation, as opposed lo the memo we had about the banner. Council Member Brad haw said I think I would like to have some information. What other banners do we usually put up during thal time? I know we have the Sounds of Summer and, lut year, the Pirates Cove opening. After the \)CCC o f Pirates Cove, I don't know if we will do that next year. Bui, she said. I have a problem with tying up Broadway for two month . Ma yor Garrett said if we could have a banner schedule. indicating. historically. what goes up during May t• to the end o f June. that would be helpful to Council. (:o unc1l Member Brad haw said I have no problem with June I. I really have no problem with that, but I do have a problem wuh go ing from May 1 • on. Council 1ember Wo losyn 1d I have no problem with makin, that an envelope of un.. bul our prioritia. and Uiling 1t down and putting II up. are i ues . But . Council Member Bradshaw Slld. lhlll com each bJIIC . Ms. W I n Kldoc u c $1 OOOcacho~? ' .. • • Englewood City Council August 2, 2004 Page9 Director Ross said the other thing we were going to talk to City Council about was the potential of putting up another banner. In the MYCP and the Public Works Request we have $5,000.00 for another banner site. This isn't that unusual of a situation, where wc have conflicting schedules and trying to malcc things work and for that minor amount of money maybe that is something that City Council might want to consider. Council Member Bradshaw said the other thing that I was thinking, was on the Broadway bridge over 285 ... bccausc the traffic there is huge . But, that might be an alternative site. Director Ross said that one is a linlc tougher, because you arc dealing with COOT right-of-way . Ms. Bradshaw said oh. all right. Council Member Wolos yn said what was your other location that you were thinking of? Director Ross said actually we used to have one over by Swedish. Swedish on one side and the Bear Frame and Axle on the other side. It has been there before. I am scheduled to ao to the ACE Committee to tallc to them, the first or second week in August, to sec if there arc any issues with that group. Mayor Ganctt said do you mean Kaiser? Mr. Ross said I'm sorry. yes Kaiser. Ms. Wolosyn said lc:ts wait for the discussion. Mayor Garrett said we will wait for a discussion. We will set it up where you can present where the alternatives arc and we can get a schedule and that way we will be able to get back to the Commincc. City Manager Scars said possibly wc could do that next Monday night at the Study Session. Ms. Wolosyn said I thought we were going to do it after he met with ACE. Mr. Scars said oh, he's not meeting this week with ACE? Ms. Wolosyn said it is a week from Thursday. City Manager Scars said I'm IOIT}', we can mccc after that . Mayor Garrett said we do have some time. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I would like 10 congratulMc Jim on his appoillllllent. 2. She said I wanted to thank both Dan Brotzman and Jerrell Black for handlina a couple of probim.. I doa't think people arc measured by how well you can have things J(l, but how well you ha-..: handled the problems lhat crop up . I am very proud of the professionalism and delail that you 111ys went into this with and I appn:ciale your help in getting it resolved so quickly. 3. She aid I wanted to recognize the Police Department. I jUSI heard fanlaslic things. I loved the arucle that Tom Munds wrote and our coopcrauon with the City ofLinleton in handhna that youna man who WUlled IO commat wc 1de. The sergeant fro m the SWAT Team wa on the scene so quickly. We have calm people then: that arc re pectful o flife and I appreciate the way they handled it and we-·, Oft the news . Maybe we should have been. fo r the way that 11 was handled. Had II gone bad. we certainly would ha,-e aonen the i:sess that ocher muniClpalnies ha ve goncn. That kind of calm, professional attitude is reflective of the people who manaac thole men and I apprccia,e that very much . .i . She sa,d I wanted 10 thank the Keep Englewood Beautiful Commiaee for comina and talkina to c,iy Council a couple weeks ago about the Run Iha! they arc pl&NUnl for a fund~-for the Hazardous Was1e ProJc,ct for rcc yc hn,i . They really energized me and pvc me an opponunily to panicipllle. I &fll"Cl&le that they allowed me 10 do that he said I want to thank the people in the community who have come forwud. Just to name a few : the South Broad"'llY ut Dealers. John Cook; Paula with Richard Mocon ; CnyCcntcr Wine .t Sptnta; Palriou ud Loyah I Re taurant Pub; Park and Reaution Dcpanmcnc ; United tudtoc of Self Defense and Jim Bahnc w~th a llc) Motor I nm urc that "'c will have a lol more people come oo board before tbal race OIi Aupast 28*. It a ,, ' .. .. • • Englewood City Council August 2, 2004 Page 10 0 5K Run and Walk and it will segue into the Family Fun Fest, which will be really nice and utilize that area in Belleview Park. The first 150 people who sign up will get free Pirates Cove tickets. Thank you v.ery much. 5. She said I wanted to congratulate Jeff Sanchez on his promotion. l am the liaison with the Code Enforcement Board and have appreciated the hard work that he has put in there. And on that note, l do appreciate you taking care of the skunk lady . That was very nice. l think she learned a lot more about skunks than she ever anticipated she would. But, it is nice:' that with the couple of problems that came up, how well you arc still dealing with that even though you have taken on new duties. Thank you. (ii) Council Member Moore said l would like to welcome Jim aboard. I look forward to working with you. Congratulation! Council Member Woodward said thank you. (iii) Council Member Bradshaw: I . She said I too would like to welcome Jim. It is going to be fun. 2. She said the solution to the erosion that I talked about, that was under the Silver Cliff Apartments wall, I think we have gotten that taken care of with Urban Drainage and flood Conirol as well as the property owners. It looks like, again, the Foundation worked to get two entities together that might not even know there was an issue. That takes care of that Also special thanks to Dave Henderson on our staff for his work on that He has just been on top of it right away . 3. She said kudos to the staff on the Sounds of Summer at the new location. I think the transition was tough, but I think the people have really bought into it now. I hear really good comments about that. I don't know bow the Farmers Market is doing. We just finally go1 produce last week so that will help I'm sure. 4. She said there arc certain properties. that the vehicle ordinance tbat wc passed, is just not aoing to wut on. Some of those arc comer properties witholl alleys. I just wonder if Code Enforcemcal could look II some of dlOle properties, in particular. Tbc case in point is the house II Grant and Tufts. where be is pulling on an addition oa the southeast corner. And there is something about it that he cannot comply, so if wc could look II that property and work with him, I think that would really help. Council Member Banentine said we had several issues come up with the pad and things that Jeff was working on in trying to be compliant. as well as what the Code Enfon:emcnt Officcn WCR telling them and then: is a limilcd pace. And we will have to deal with that, because wc have some odd Jots . Council Member Bradshaw said comer lots particularly seem to be problematic. But Jeff, thanks apin fol-all the work you do and congratulations. Lieutenant Sanchez said thank you . (iv) Council Member Tomasso: I . He said I want to congratulate Jim. 2 . He said I have another one of those car issues where it is up on the hill . It is up on Vassar. They have the fro nt yard completely padded with concrete. They have three feet between their duplex and the nellt duplex. They sent pic ture and they arc looking for a variance on the trailer ordinance. because they have a motor home with a trailer attached to it and their boat and then they have I trailer with their two skldoos and they arc all away from the s idewalk and they have lived there for seventeen ycan. There is a letter with that also. They wue looking for d irections ,nee. Code told them to cOIIUICt Council. So I am brinpng it to you to sec if wc can come up with some solutton for th, property. because they can 't get to the back yard because lbcrc is no alley and tbae is only tbrcc feet between the building They said the COSI to store thcit vcbiclcs would be $425 to SSOO I year and Ibey can't afford that. They have designed this so that they can retire in five years . They bougbt all the toys while they were working they could rcnre . He 1d I will be ou1 of town ncJtt Monda . I will be getting married on Friday. ' . .. .. • • C Englewood City Council August 2, 2004 Page 11 (v) Council Member Woodward : I. He said congratulations Ray . 2. He said I would like to thauk Council. I feel very honored to be included in this group and look forward to working with everybody here, being available to the citizens of Englewood and doing the best job that I can possibly do. I also would like to talk to Jeff some time about some pet raccoons . I have recently noticed a whole family undcmcath my deck . Thank you. (vi) Council Member Wolosyn : I. She said welcome Jim, it is a pleasure and I look forward to working with you . 2 . She said congratulations to Ray . 3. She said tomorrow night is Neighborhood Night Out. All of us, I am sure wiU be out there . I believe Jim is hosting a party . Mr. Woodward said Laurctt and I will be hosting a three block party. 4. She said on Saturday night we had our big event outside with the Museum of Outdoor Arts and I think it was a success . I know staff put in a lot of time and always offers peat support. and as always, thank you. 5. She said thanks to members of EEF for working lwd to make a positive out of what could have been, possibly, a very negative situation, with David Taylor leaving . I also extend my thanks to Council for working to enswe that we still hllve the presence of the arts in the City. 13 . City Manaaer's Report (a) City Manager Scars said I just walllCd to uy thanks to the staff, because while they have been doing all these things, they arc putting together the budaet and the budget is a prpnlUUl task. We are ready or YCrJ close to a Preliminary Budget. We arc looking forward to pracnling the hudaet to Council in the next tine weeks. with a number of alternatives. There has been a lot of hard wort by all of the staff to put together our plan to present to you for thi s next year. 14. City AUoney'1 Report (a} City Attorney Brotzman said my congratulations to Jim and to Ray . I S. Acijourmmnt MOVED TO ADJOURN . The meeting adjow-ned at 8:35 p .m. ~~-' ' • • - ( ·• • • PROCLAMATION WHEREAS , substance use and abuse is a major public health problem that affects millions of Americans of all ages, races and ethnic backgrounds, in all communities and which has a huge medical, societal and economic cost; and WHEREAS, substance abuse is a chronic but treatable disease that involves brain chemistry and treatment of addiction is as successful as the treatment of other chronic diseases such as diabetes, hypertension, heart disease and asthma; and WHEREAS , because recovery from alcohol and drug addiction is possible and treatment is effective, the challenge is to bring treatment to all who need it ; and WHEREAS, thousands of health care providers have dedicated their lives to the recovery process and to the education of the public about alcoholism, drug dependence and treatment issues ; and WHEREAS. the U .S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration; and the Office of National Drug Control Policy ; invite all residents of the City of Englewood, Colorado to participate in National Alcohol and Drug Addiction Recovery Month ; and WHEREAS, acknowledging September 2004 as National Alcohol and Drug Addiction Recovery Month offers individuals in the substance abuse treauneot community an opportunity to educate the public and policymakers about the effectiveness of treatment, both societal and financial ; and WH F" EAS, on behalf of the citizens of the City of Englewood, Colorado, I am pleased to celebrate September 2004 as National Alcohol and Drug Addiction Recovery Month in the City of Englewood, Colorado; and OW THEREFORE, I , Douglas Garrett, Mayor of the City of Englewood, Colorado, hereby proclai m the month of September 2004 as : NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of Englewood, Colorado. I urge all of our residents to '"JOIN THE VOICES FOR RECOVERY ... NOW!,. b upporting men, women and youths wbo are in drug and alcoh I addiction treatment and recovery and their familie . under my hand and seal th i 16th day of August, 2004 . , ~I /~/ -....,, ~ Gartttt, Mayor ' ... • • ( ( ·• • 0 0 COUNCIL COMMUNICATION Date: Agenda Item Subject: August 16, 2004 .... Economic Development Commission -Enterprise Zone Marketing and Administration • Grant EDC #579 Initiated By : Staff Source: Community Development Department Darren Hollingsworth, Economic Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community Development Goal: Initiate business retention, revitalization, and growth strategies. Community Development Goal: Leverage City resource s through grant funding. City Coun c il has approved previous marketing and administration grant contracts with the State of Colorado -Economic Development Commission to support the Arapahoe County Enterprise Zone. RECOMMENDED ACTION Staff re commends that City Council approve the attached Bill for Ordinance accepting $9,500 from the State of Colorado -Economic Development Commission (EDC). This grant will be used to fund marketing and administration activities for the Arapahoe County Enterprise Zone. Additionally, a portion of this funding will be used to pay for the proposed enhancement to the City's web site. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, th e City applied to the State of Colorado and was granted Enterprise Zone status for a majority of the indus trially and commercially zoned property in Englewood. The So uth Broadway corridor and CityCenter Englewood site received Enterprise Zone designation effective July 1, 1998. The Enterprise Zone was also expanded on November 6, 2001 to incl ude the Englewood medical campus including Swedish Medical Cen ter an d other surrounding businesses . The tax benefits during 2003 to Englewood businesses located in the Arapahoe County Enterprise Zone total $1,254,749 in tax c redits thr ough the State of Colorado. TI,e Economic Development Commission has a competitive grant program for Enterprise Zones, whi ch provides marke ti ng and administra ti ve ~upport. This is the 9th consecutive year Englewood has applied for and received this funding. ' ... ,• • • The Enterprise Zone marketing grant is ·used in Englewood as an incentive to support business retention and community marketing activities. Marketing activities funded with this grant encourage businesses to take advantage of Enterprise Zone tax credits and highlight the Englewood business community. FINANCIAL IMPACT The Economic Development Commission requires that the City provide matching funds to meet grant requirements. The attached contract between the Economic Development Commission and the City of Englewood pledges $9,500 in local matching funds to meet this obligation. These funds are included in the Community Development departmental budget Grant and matching funds will be used for a variety of Enterprise Zone marketing and administrative activities. LIST OF ATTACHMENTS Proposed Bill for Ordinance Economic Development Commission -Contract -EDC#579 .. .. .• • • - C 0 ( ORDINANCE NO. SERIES OF 2004 BY AUTHORITY CJ AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE # STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMJNISTRA TIVE ACTIVITIES IN THE BNTBRPRISB ZONE. WHEREAS, in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and was granted, Enterprise Zone status for a majority of the industrially and commercially zoned property in the City of Englewood; and WHEREAS, the State Economic Development Commission has a competitive grant program for marketing and administrative support of Enterprise Zones; and WHEREAS, this is the ninth year in which the Community Development Department of the City of Englewood has applied for and received such funding; and WHEREAS, the Enterprise Zone is used in the City as a vehicle for business expansion, attraction and retention; and WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax credits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business; and WHEREAS, the Colorado Department of Local Affairs requires that the City provide matching funds to meet Grant requirements; and WHEREAS, the Contract between the Colorado Department of Local Affairs and the City of Englewood pledges $9,500.00 in local matching funds to meet this obligation; and WHEREAS, this Grant and the matching funds will be used for Enterprise Zone marketing and administration in the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Contract between the Colorado Oepanmcnt of Local Affairs, Economic Development Commission, and the City of Englewood for a Grant of $9,500.00 to be used for Enterprise Zone Marketing and Administration, a copy of which is attached hereto as Exhibit I, is hereby accepted. Scctjon 2. The City Manager and City Clerk are authorized to sign and attest said Contract for and on behalf of the City of Englewood. -1- ' . .. .. • • Section 3. This Ordinance appropriates the Grant monies and the matching funds already in the City of Englewood, Community Development Budget for the above described project. Introduced, read in full, and passed on first reading on the 16th dsy of August, 2004. Published as a Bill for an Ordinance on the 20th day of August, 2004. Douglas Garrett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16th day of August, 2004. Loucriahia A. Ellis -2- t • • ( ·• • -• 0 CONTRACT THIS Contract. made this _ day of ~ by and between the State of Colorado for the use and benefit of the Colorado Ofllce of Economic Development. Economic Development Commission iE.D.C."), 1625 Broadway#1710, Denver, Colorado80202, hereinafter referred to as the State, and City of Englewood, 1000 Englewood Parkway. Englewood. co 80110 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund No. ~ Approp. Code Org. Unit Contract Encumb. No. E5EDC579 : and WHEREAS. required approval, durance and coordination has been accomplished from and with appropriate agencies; and I WHEREAS, the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base; and WHEREAS, pursuant to 24-46-101 to 105, C.R.S. 1987, the Colorado Economic Development Fund is created, and is to be administered by the Colorado Office of Economic Development in the Office of the Governor; and WHEREAS, applications for distributions from the Colorado Economic Development Fund have been received by the Economic Development Convnission; and WHEREAS, the Economic Development Commission has reviewed and recommended to the Governor that the project described in this contract be financed with a grant; and WHEREAS. the Governor has reviewed the proposed expenditure of money from the Economic Development Fund to finance the project desaibed in this contract; and WHEREAS, the Contractor is an eligible recipient of Colorado Economic Development funds ; NOW THEREFORE it is hereby agreed that: 1. Scope of Services . In consideration for the monies to be received from the State, the Contractor shall do , perform, and carry out. in a satisfactOIY and proper manner. as determined by the State, all worlt elements as indicated in the "Scope ot Services". set forth in the Attached Exhibit A. hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services reqund hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the attached Exhibit A., who is hereby designated as the administrator-in-charge of this Project. At ,rry time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable repl acement administrator-in-charge and the State receives notification of such replacement assignment 3. Time of P,rto,mance. This Contract shall become efl'ectlve upon proper execution ol lhil Contract The Project contemplated herein shall commence• soon • practicable after the execution of this Contract and shall be undertaken and performed in the sequence Mt forth in the 'Time of Performal a• in the attached 8th1b1t A. No Economic Development Commaaion funds provided under lhil contrad wl be expended pnor to the fuH execution ol lhls contract. The Contractor 8l1'NI that lime II ol the essence In the ~• 1 of 7 ~•• E X h i b i t l .. .. ' • • ·• • •• nJ i~ r----l '.l~ performance of its obligations under this Contract, and that completion of the Project shall occur no later than ( the termination date set forth in the "Time of Performance.• 4. Compensation and Method qf Payment. The State agrees to pay to the Contractor, in consideration ror the work and services to be performed, a total amount not to exceed NINE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS IS9,50Ql. The method and time of payment shall be made in accordslce with the "Payment Schedule" set forth in Exhibit A. 5. Accounting. At all times from the effective date of this Contract until completion of this Project. the Contractor shall maintain property segregated books of State funds, matching funds, and other funds asaoclated with this Project. AH receipts and expenditures aasociated with said Project shall be documented In a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Conlractar may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without approval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be au1horlzed by the State in an amendment to this Contract property executed and approved pursuant to the State Fiscal Rules. In no event shaD the State's total consideration exceed the amount shown in Paragraph 4above. a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State. b. The Contractor shall request the flnat payment which is the amount withheld by the State until the Project is complete, for the Project by submitllng to the contract monitor a detailed cost accounting of all State funds received and expended towards completion of the Project. Upon determining to its satisfaction that au funds received by the Con1ractar have been property spent towards accomplishment of the Project. the State shall promptly make final payment to the Contractor. c . Within ninety (90) days of completion of the Project the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the flnal payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time. 6. ~-The State or its authorized representative shall have the right to inspect, examine, and audit Contractor's records, books and accounts. induding the right to hire an independent Certified Public Accountant of the State's choosing and at the State's expense to do so . Such discretionary audit may be called for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project ls received by the Contractor, provided that the au dit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph, if the Project is accomplished within a single flscal year of the Contractor. the Contractor shall. at the condusion of the Project, and in addition to ,ny other reports required, submit a report and auditor's statement ot the Project account to the Economic DeYelopment Commission. Such report shall be prepared in conjunction with Contracto,'s regular yearty audit. and must be submitted within six (6) months after the close of the then current Contnlc:tDr's flscal year. 7 . PIQ()f)net . The Contractor represents that he ha, or wil sea,re Ill hil own expenH. unless otherwise stated in Exhibit A, all personnel , as emplOyees ot the Contractor, neceuary to perform the work and services required to be performed by the Contractor under this Contract. Al d the NNicea 1'9qUnd hereunder will be performed by the Contractor or under his supervision , and .. personnel lflg8ged in the work shall be fully qualified and shall be authonzed under State and local law to perform such MNicel. Page 2 of 7 Pages ' ... .. f • • • -- C 0 ( ·• • • 0 8. Termination of Contract for Convenience of Either Party. Either the State or the-Contractor may terminate this Contract at any time the party determines that the purpose of the Contract would no longer be served by completion of the Project. The party desiring to terminate the Contract shall effect such termination by giving written notice of termination to the other party and specifying the effective date thereof, at least thirty (30) days prior thereto. In that event. all finished or unfinished documents and other materials shall, at the option of the State, become its property. Contractor shall repay funds advanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience. 9. a. Termination of Contract ror cause; Repayment of Advanced Funds If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulaUons of this Contract, the Slate shall thereupon have the right to terminate this Contract for cause by giving w,itten notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event. all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, media contracts and reports or other material prepanrJ by the Contractor under this Contract shall, at the option of the State, become its property; and the Contractor shall be entiUed to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. b . Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined. c. If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time of termination. 1 o. Changes. The State may, from time to time, require changes in the scope of services of the Contract to b'! performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties at this time, and no prior or contemporaneous addition, deletion, or other amendment hereto, induding any increase or decrease in the amount of monin to be paid to the Contractor. shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules. Notwilhs1andlng this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A. and contractor may make adjustments of le,ss than 10 percent in budget line items as provided for in the· Accounting" section of this Contract. 11 . Conflict of Interest. a . No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract. b . The Contractor agrees that no person at any lime exercising any function or responsibility, in connection with the elements of this prOf8d that are financed with State f\Jnds , on behalf of the Contractor shall have or acquire ariy personal flnancial or economic interest, direct or indirect. which will be materially affected by this Contract. except to the extent that he may receive compensation for his performance pursuant to this Contract. c . A personal financial or economic: in terest includes, but 1s not limited to: i. any business entity in which the person has a <tweet or indirect monetary interest: Page 3 of 7 Pages ' .• • • -~ ii. iii. iv . ·• • • 0 any real property in which the person has a direct or indirect monetary interest; any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the exeartlon date of this Contract; any business entity in which the person is a director, officer, general or limited partner, trustee, employee, or holds any position of management. For purposes of this subsection, indirect investment or Interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent on his/her behalf, by a general, limited, or sient partner of the person, by any business entity controlled by said person, or by a trust in which helshe has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest wor1h more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph 11, cannot be avoided without l'rustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above . Failure to Ille a disclosure statement required by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by the State. 12. Subcontracts. Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Economic Development Commission upon request by the State. Any and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary . 13. Severobility. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract. the terms of this Contract .. severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hentof. The waiver of any breach of a term hereof shall not be construed as waiver of any other '9ml. 14. Binding on Successors . Except as herein othefwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto , and their ,-pectlve SI 1CC&Ssors and assigns . 15. Assignment. Neither party, nor any subcontractors hereto. may asa1!J1 its rights or duties under this Contract without the prior written consent of the other party. 16. Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the Stale for the putpOM al contracting for the services provided for herein, and therem, the Contraclor exp,euly ~tands and agrees that all its rights, demands and claims to compensation arising under 1h11 Contract .. contingent upon receipt of such funds by the State. In the event that such funds or any part thereof .. not received by the State , the State may immediately terminate this Contract . 11. Minonty Busioess ern,,oos, PJnicic>lljgn. 1t II the po11cy of the si.. of Colorado that minonty business enterpnses shall have the mumum prac1ICable appa,tunlty Ill participate In the pe,forrnance of tts cons1ruct100 grant contracts The CO!;ltractor ai,ees to UN its best 8fbts to carry out 1h11 Page 4 of 7 Pages (. . • ·'"· • .. ·' ' • • 0 policy to the fullest extent practicable and consistent with the effldent performance of this Contract. As used in this Contract. the term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in the case of publlcly owned businesses, at least 51 percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americ:als, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representatlona by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent inyestigatlon. 18. Iil!n-The state agency, as purchaser, is exempt from al federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-7301231<) and from all state and local government use taxes [C.R.S . 39-26-114(a) and 203, as amended]. Vendor is hereby notified that when materials se purchased for the benefit of the State, such exemptions apply except that In certain polltlc:al subdivisions (for example - City of Denver) the vendor may be required to pay sales or use taxes even thought the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the state. 19. intellectual Prgoerty. A. Contractor will indemnify State for its reasonably incurred legal expenses and wiU defend or settle, at Contractor's option and expense. any legal proceeding brought against State. to the extent that it is based on a dailn that products infringe a trade secret. trademark, mask work, copyright. or patent Contractor will pay all such expenses, together with damages and costs awarded by the court which finally determines the case, or art1 incurred in the settlement thereof, if State : (I) gives written notice of the daim promptly to Contractor. (ii) gives Contractor control of the defense and settlement of the claim; (ifi) provides to Contractor. at Contractor's expense, all available information and assistance; and (iv) has not compromised or settled such claim. B. If products are found to infringe, Contractor will: (I) obtain for State the right to UH such products; (Ii) replace the products with non-infringing products or modify the products so that they become non-infringing; or, if neither of these Alternatives is reasonably avaiable, (Iii) remove the infringing products and refund the price paid therefore. c . Contractor has no obligation under this Paragraph 19 for any claim which results from: (I) uH of products in combination with any non-Contractor provided equipment. software or data; (i) Con1rac:tor's compliance with designs or specification of State; (Iii) modification of products other than at Contractot's direction; or (Iv) use of an allegedly infringing version of products, if the alleged infringement could be avoided by the use of a different version made available to State . 20. Order of Precedeoc:e . In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by l'9fer9nce to the documents in the following order of priority: 1) Colorado Special Provisions, pages 6 to 7; 2) Contract. pages 1 to 5; 3) Exhibit A; 4) Ally attachments to Exhibit A.. 21 . NoMultiple-F'pYearQebt. TheCitydoesnotbythisAgreementmwcablypledgepresent cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of the City . Page 5 of 7 Pages ' ·'"-.. • • 0 ·• • •• 0 0 [ ____ S_P_E_C_IAL __ PR_O_VI_S_IO_N_S ____ ---1 (For VB Oply with Ipte[:Goverumgtal Cogtracts) 1. CONTROLLER'S APPROVAL CRS 24-Jo-202 (I) This conlrlCI shall not be deemed valid until it has been approved by the Conaollcr of the Slale of Colorado or such usiSWlt as he may desigiwe. 2. FUND AV All.ABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable after the curmit tiscal year are contingent upon funds for dw purpose being appn,priated, budgmd, :ind otherwise made available. J. INDEMNIFICATION. To the extent authcmzed by•-. the coninctar shall indermify, save, and hold hannJea die Slale apins any and all clai1111, damages. liability and coun awanls including cosu. expenses, and altOmey feea incumd u a result or any acr or omiaion by the Conttao:tor, or its employees, agents, subcontneton, or usigneea punuant to the terml of this connct. No term or condition of this conlrlCI shall be construed or interpreted u a waiver, expRSS or implied, of any of the irmnuni:ies, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10.10 I d seq. or the Federal Ton Claims Act, 28 U.S.C. 2671 d seq. :11 applic:able, u now or hereafter :unended. The Coninctar, by execution of this conlrlCI containing this indernnific:ition clause, does not waive the operation of any law concerning the parties' ability to indemnify. 4. INDEPENDENT CONTR.\CTOR. 4 CCR 801•2 THE CONn.ACTOR SHAU PERfOIIM ITS OOTlES HEREUNDER AS AN INDEPENDENT CONnACTOllAND NOT AS AN EMPLOYEE. NE1T11Ell TI!E CONTRACTORNORANYAGENTORE!l,IPLOYEEOFTHECONTllACTOllSHALLBEORSHALLBEDEEMEl>TOBEANAGENTOllEMPLOYEEOfTHE STATE. CONTRACTORSHALLPAYWHENDUEALLREQUIREDE.\IPLOYMENTTAXESANDINCOMETAXANDI.OCAI.HEAOTAXONANYMONIES PAID BY THE STA TE PUltSUANT TO THIS CONnACT. CONTltACTOll ACICNOWUDGES THA TTHE CONTllACTOll AND ITS EMPLOYEES AIU!~ ENTlTLED TO UNEMPLOYMENT INSURANCE BENEftTS UNLESS TIIE CONTRACTOR OR THlllD PARTY PltOVIDES SUCH COVUAOE AND THAT THE STATE DOES NOT PAY FOR Oil OTHERWISE PROVIDE SUCHCOVUAGE. CONYRACTOllSHAU. HAV1! NOAUT1IOllJZATION, ElCPRl!SS Oil IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABIUTY. Oil lJNDDSTANDING EXCEPT AS EXPIIE5SLY SET FORTH HDEIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FOIICE Wouus' COMPENSATION (AND PI0\111111 PltOOf a. SUCH INS\laANCI! WHEN REQUESTED BY THE STA TE) AND UNEMPLOYMENTCOMPENSA 110N lNSUltANCI! IN THE AMOUlfTS ltEQUlltED BYLAW, AND SHALL IE SOLE1. Y RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. S. NON-DISCRJMINA TION. The contr:actor :igrces 10 comply with the lener and the spirit of .ill applic:ible Stale :ind federal laws respectin1 discrimination :ind unfair employment practices. 6. CHOICE OF LAW. The laws of the Swe of Colorado and rules :ind rqulations iaued punuant thereto shall be applied in the interpreQlion. aecuiion, and enforcement of this contraet. Any provision of this comracl, whether or not incarpanled herein by ref'aence, which providel for arbitration by any extn-judicial body or pmon or which is otherwise in connict with said laws, rules, and repai.-shall be considered null and void. Nothing contained in any provision incori,orued herein by reference which purponl lO nepe this or :iny other special prov ision in whole or 1n pmt shall be valid or enf~le or 3vailable in any action al law whether by way of complainl. defense, or otherwise. Any provision rendered null :ind votd by the operation ofthts prov,sion wdl not invalidaie the remainder oftlua conlrlCI to the extent that th e co ntract is _C3p&ble of ex~ution. At 31l tunes dunng the performance of this coninct, the Conll"IC!or shall strictly :idhae ro 'all applic:lblc federal and -laws. rules. ni r~ulat1ons that have been or may here3fter be established. 7. SOFTWARE PIR.\CY PROHIBITION. Govemor's Eundn Order D 002 OJ No State or other public funds payable under this ConlnlCI shall be used for the xquisuion, Ol*aion ormai.,_ or compa111r toftwan in v1olat1on ofUn11ed Swes copyright laws or applic:able licensi111 raoictions. The C--hereby candles 11111. for the lalffl o(this Contr:act and any extensions. the ConlrlClor hu in plllCe :ipproprillle systemS :ind contn1la ta prevent such impoper -r,f public funds. If th e Sr:ue determines that the Contnctor 11 in violation or tilts parqnph, the Stale may aaase ¥1Y remedy av;ulablc al law or eqwty or under this Contnet. including, without lim,wion, inuncdi111e termination of the Conlrlll:I and :my remedy COIISISlent with Uniled s- copynsht laws or applicble licensing restrictions. 8. EMPLOYEE rtNANClAL INTEREST. CRS ?4-11-201 A CRS ?'-5'-507 The s11":11ories 3ver th:1110 their knowlcdse . no employee of the Swe of Colora 1w any penonal or bencflc:ial 1n-w"-"er in the service or property Jescnbcd herein. Eff'ect1vc 0. Apnl I, 2004 Page e of 7 PagH ' .. • • SPECIAL PROVISIONS THE PARTIES HERETO HAYE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: B11,1,0WENs GOVERNOR CITY OF ENGLEWOOD By--::---,,--.:-:-...,.,..-,--------DireclDr, Brian Vogt Offlc:e of Economic PIYll9Prnt0t PRE-APPROVED FORM CONTRACT REVIEWER: By_..,.....--,..,----,:---------Evan Metcalf CORPORATIONS: AUNt (Seal) By (c:a,pa,. Seamry_or_Equivaliii._· __ or_'t,...ii,,iwcii,ilcou""'_....,..,,.,_...,.....,.&iii,.....,.,.1- ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 rwquirN that the Staa Contra!• approve II ..... c:on1r11c1L Thia contract la not valid until the Stam Controller, or such mlatant a he may deleptil. '-signed It. The connctor Is not authorized to begin performance until the contract I• 8lgned and dall8d below. I perfannaiica begn prior ID the data below, the State of Colonldo may not be obllplad to pay for the good8 and/or ww:ee prcwided. ·· STAff CONTROLLER: , "'" M, lhw,.,,. By-----==--"'"=""----.....;.-Tenl ... Date. __________ _ Effective Date: July 1, 2003 hge7 of 7 ,._ • • EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • • EDC#579 El09TA Colorado Economic Development Convnission SCOPE OF SERVICES 1. Prolfct Qnctlptton and Requlrwnents The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area. These funds shall be used for the purposes of promotional ac:tlvitles that wil marttet and advertise the advantages of localing e business in the contractor's enterprise zone area, create a positive identity for the enterprise zone area, encourage retention and expansion of existing businesses, promote redevelopment. expand the region's tourism industry, attract n-businesses, and generally enhance the economic growth of the enterprise zone area. Such activities shall include the prepaatlon, production, and/or distribution of market research, printed materials, direct mail campaigns, print media advertising, trade show promotions. special events, direct business prospect visitation, and other closely related activities. No more than 25 percent of these funds may be used to pay for contractor's administrative or staff costs. Contractor may allocate funds to one or more subcontractors involved in promotion and economic development activities in the enterprise zone. Contractor shall be responsible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors . The contribution from the Economic Development Fund under this Contract shall not exceed the amount of local matching funds expended on this project or NINE THOUSAND FM; HUNDRED dolll[J ($9,500). whichever is less. All project cos:. in excess af this amount will be the responsibUity of the Contractor. Contractor shall match E.D.C. funds used an this project with at least a dolls-for- dollar cash match from local sources. Local expendltunts an enterprise zone marketing projec:ts incurred prior to the effective date of this project but subsequent to June 1, 2004, may be counted toward the matching funds requirement. provided that such expenditures have not been used to meet other state contractual matching fund requirements. ' The performance of the services required hereunder shall be under the direct supervision of J2i!!!n. Hollingsworth, an employee or agent of Contractor, who is hereby designated as the admini: strator-in-charge of this Project. 2 . nm, of Performance The Project shall commence upon execution of this Contract. The Contract win expire on June 30. ~. except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justification for the ex1ension request. EOC I 579 • Exhibit A Page 1 of 2 Pages t ... .. • • 3. Mat1 REVENUE E.D .C. Funds $9,500 Local Funds 9,500 TOTAL: $19,000 4. Payment SclJtdYlt EXPENPIIVBES Market Research, Publicatlona, Advertising, Special Evems, and Direct Mar1ce11ng for the Arapahoe County Entarprtse Zone Program Zone Administration TOTAL: $14.250 4,750 $19,000 I. $3,000 Initial payment to be paid upon request by the contractor foUowlng the execution of this contract. II. 5,500 Interim payments to be paid upon request and the submission of proper documentation of expenditures of E.D.C. and local funds and work progress. Ill. 1,000 Final payment to be made upon satisfactory completion of the Project. The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D .C. funds for which payment has been requested and of matching local funds . $9,500 TOTAL Requests for payment will be initiated by the Contractor in accordance with the provisions ~ Paragraph 6 of the main body of this contract. 5. Monitortna Colorado Economic Development Commission staff will monitor thla Project on an as-needed basis. a. RtQOrttna Sc;hfdul• The Contractor will submit an interim financial and narrative report property documenting all expenditures of E.D.C . funds at the time interim payments are requested . The Contractor will submit a final financial status report property documenting all expenditures of E.D .C. funds at the time the final payment is requested , in accordance with the payment schedule. EDC I 579 • Exhibit A Paga 2 of 2 Pages ' ... ,, : C t ' .. • • -- ( BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZINO INTERGOVBRNMBNTAL AGREBMBNT / BETW1'mN nm BOARD OF COUNTY COMMISSIONERS OF nm COUNTY OF ARAPAHOS, COLORAOO AND 1llE Cl1Y OF ENGLEWOOD, COLOtlADO CONCERNING "OPEN SPACE" TAX SHAREBACK FUNDS. WHEREAS, in November, 2003, the voters of Arapahoe County approved a county- wide sales and use tax of one-quarter percent sales tax on eligible sales which will expire in IO years to be used for specific Open Space objectives as set forth in County Resolution No. 030381; and WHEREAS, County Resolution No. 030381 provides for a shareback provision of the Open Space Sales and Use Tax ("Shareback Funds") to be distributed to municipalities wholly or partially within Arapahoe County; and WHEREAS, entering this Intergovernmental Agreement will enable the City of Englewood to claim its proportionate share of the Open Space collections; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The City Council of the City of Englewood, Colorado hereby authoriz.es entering the "Intergovernmental Agreement" between Arapahoe County and the City of Englewood, attached hereto as Attachment I, pertaining to "Open Space" Tax Shareback Funds. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 12th day of July, 2004. Published as a Bill for an Ordinance on the 16th day of July, 2004. Read by title and passed on final reading on the 16'b day of August 2004. Published by title as Ordinance No. __, Series of 2004, on the 201b day of august, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk -1- ' ,. • • I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinanc:e passed on fmal reading and published by title as Ordinance No. ___, Series of 2004. Loucrishia A. Ellis -2- l ·• • •• INTERGOVERNMENTAL AGREEMENT 0 CJ This Intergovernmental Agreement ("Agreement''), is made and entered into by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD, a municipality and political subdivision of the State of Colorado (the "City"). WHEREAS, on November 4, 2003, the voters of Arapahoe County approved a county- wide sales and usc tax of one-quarter of one percent (0.25% or 25 cents for every $100 dollars), which will not be collected on sales of food or prescription drugs, and which will expire in I 0 years, to be used for specified Open Space objectives as set forth in County Resolution No. 030381; and WHEREAS, on June 17, 2003, the County adopted Resolution No. 030381, authorizing the question of the aforementioned sales and usc tax be put before the voters on November 4, 2003;and 1 .. WHEREAS, Resolution No. 030381 provides for a sharcback provision of the Open Space Sales and Use Tax ("Shareback Funds") to be distributed to municipalities wholly or panially within Arapahoe County; and WHEREAS, Resolution No. 030381 requires that these municipalities enter into Intergovernmental Agreements with the County before they receive Shareback Funds; and WHEREAS, the County desires to enter into intergovernmental agreements with these municipalities wholly or partially within Arapahoe County, including the City of Englewood, pursuant to Section VIIl(C) of Resolution No. 030381; WHEREAS, these intergovernmental agreements are authorized by Article :,_av, Section 18 of the Colorado Constitution and COLO . REV . STAT.§ 29-1-203 (2003); WHEREAS, Resolution No. 030381, in p..rt, provided that each municipality shall collect the County's Open Space Use Tax on building and construction materials; and WHEREAS, COLO . REv . STAT. § 29-2-106(3)(a)(2003) authorizes municipalities to collect the County's Open Space Use Tax. NOW, THEREFORE, the County and the City agree as follows: 1. The County shall distribute to the City its proportionate share of Shareback Funds, as more fully described in Resolution No. 030381, of the annual revenue collected from the Open Space Sale and Use Tax. 2. Resolution No. 030381 is attached hereto as Exhibit A and incorporated herein by re ferenc e. t t a C :1 m e n t 1 ' . ... .. • • --- ·• • 0 0 . 3. The amount of Shareback Funds distributed to each incorporated municipality, wholly or partially within Arapahoe County, will be based on the population of the incorporated municipality or portions thereof in Arapahoe County versus total population of all incorporated areas in Arapahoe County. · ,; 't• 4. The population figures will be updated annually based on the latest available final population estimates provided by the Demography Section of the Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section. 5. The Shareback Funds will be distributed annually. In 2004, Shareback Funds shall be distributed on or about December 31, 2004. In years 2005 through 2013, the Shareback Funds will be distributed annually on or before June l of each year. Additionally, and unless voters approve either a ballot measure to extend the Open Space Sales and/or Use Tax beyond 2013 and/or approve a new Open Space Sales and/or Use Tax beyond 2013, then the final distribution ofSharcback Funds will be on or about March 31, 2014. 1 1 6. The City specifically agrees that it shall only use its Sharcback Funds for the Open Space uses as set forth in Section vm (E) of Resolution No. 030381 as well as to pW'Chasc and/or develop and/or improve existing neighborhood parks and/or sports fields. 7. Further, the parties agree that the City may use up to ten percent (IOOA») of its Sharcback Funds distributed by the County annually to mainl!lin existing or new open space properties, neighborhood parks and sports fields. 8. The City further understands and agn:cs that, after receipt of its Sbareback Funds, the City will use any interest earned on these funds only for open space purposes as set forth in Resolution No. 030381 and in compliance with the terms and conditions of this Agreement 9. Once Shareback Funds have been distributed, on or before evory December 31•, the City agrees that it will certify and submit in writing to the County that the Slweback Funds were used in conformance with Resolution No. 030381, and/or designated to be used in a manner consistent with Resolution No. 030381. The expenditures and/or designated expenditures of its Shareback Funds will be detailed by the City, and such submission will be called the Annual Municipal Expenditure Report. Beginning in 2005 , said report must be submitted within thirty (30) days of each December 31 • to the County through the Open Space and Trails Advisory Board ("OSTAB ") and the County's Open Space Manager. 10. The City may reserve (bank) its Shareback Funds from year to year u long as said funds clfC deposited into a reserve account for Open Space Funds, and when these funds are expended, the expenditures are done so in accordance with the uses set forth in Resolution No . 030381. Further, when any and/or all of the Shareback Funds are reserved (banked), the purpose(s) for which the funds will be used must be stated in the City's Annual Municipal Ex penditure Report . . 2 ,.. t ... .. • • ·T 11. Upon written notice from the County's Open Space Manager, informing the City that it hv failed to submit its Annual Municipal Expenditure Report to the County, the City shall submit its said report to the County through OSTAB and the County's Open Space Manager within thirty (30) days, and, if it fails to do so, the City shall be deemed to 11,e in violation of Resolution No. 030381 and this Agreement As such, the City will be ineligible for future ~. Shareback Funds, unless and until the Annual Municipal Expenditure Report and/or a Compliance Plan is submitted to OSTAB and the County's Open Space Manager and accepted and/or approved by the County. 12. The City understands and agrees that if the Shareback Funds are not used in accordance with the provisions, conditions and guidelines of Resolution No. 030381 and/or this Agreement, the City will not receive additional Shareback Funds unless and until it submits a Compliance Plan to the County through OSTAB and the County's Open Space Manager, and the County approves the Compliance Plan. Upon written notice by the County's Open Space Manager that the City must submit a compliance plan, the Cjty shall have 30 days to submit said compliance plan as set forth herein. 13. The City further understands and agrees that if it fails to submit a Compliance Plan or fails to submit a Compliance Plan which meets the approval of the County, or fails to meet the requirements of the County's approved Compliance Plan within thirty (30) days of written notice of noncompliance by the County through the County's Open Space Manager, or fails to submits its Annual Municipal Expenditure Report as required by paragraphs 9, 10 and 11 of this Agreement and Resolution No. 030381, then the City's share of the Shareback Funds will be distributed, based on the latest available final population estimates provided by the Demography Section of the Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section, among the other participating, incorporated municipalities. 14 . The City understands and agrees that no land or interests acquired with the revenues from the Open Space Sales and Use Tax may be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or permit on said land or interests be given, without prior approval of the City's governing body after conducting a public hearing. The City further agrees if such sale, lease, trade or conveyance is made or an exclusive license or interest has been given, the proceeds shall be deposited in a City Open Space Fund to be used for purposes consistent with Resolution No. 030381 . 15 . The City understands and agrees that it will collect the .25 percent Arapahoe C ounty Use Tax on building and construction materials and will forward. on a mQnthly basis (to facilitate such collection), such tax minus up to five percent (of the .25 percent tax collected) to the Arapahoe County's Sales Tax Analyst, 5334 South Prince Street, Littleton, Colorado 80166. The City shall determine and use its own policies and procedures relating to collection of said Arapahoe County Use Tax. 16 . Should any one or more provisions of this Agreement be determined to be illegal or un enforceable, all other provisions nevertheless shall remain effective; provided, however, the 3 <\ ' .. .. • • (J parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder. 17. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the County and the authorized signatories for the City. 18. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. 19. Notices, as referred to in this Agreement, shall be sent to: COUNTY: Board of County Commissioners of Arapahoe County .1 S334 South Prince Street Littleton. Colorado 80166-0001 and Arapahoe County Attorney S334 South Prince Street Littleton. Colorado 80166-0001 and Arapahoe County Open Space Manager Arapahoe County Public Works and Development Department 10730 Eut Briuwood Avenue, Suite 100 Centennial, Colorado 80112-38S3 and Open Space and Trails Advisory Board c/o Arapahoe County Public Works and Development Department 10730 East Briarwood Avenue, Suite 100 Centennial, Colorado 80112 -3853 CITY : City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 and Daniel Brotzman. City Attorney City Attorney's Office 1000 Englewood Parkway 4 t .... • • Englewood, Colorado 80110 20. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the State of Colorado. 21. This Agreement constitutes the entire agreement of the parties hereto. The parties agree that there have been no n:presc:mations made regarding the subject matter hereof other than those. if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof; and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 22. This Agreement shall inure to the benefit o( and be binding upon, the Parties to this Agreement 23. If litigation is commenced by either party concernjng this Agreement, the prevailing party shall be entitled to recover its reasomble attorney's fees and costs from the other party. 24. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the County and the City have executed this Agreement as of the dale set forth below. DATED this __ day of ______ __, 2004. AITEST: By. _______ ~ City Cleric APPROVED AS TO FORM: By. _______ _ City Attorney CITY OF ENGLEWOOD: By. _________ _ Name/Title s ... • t .. • • ATIEST: Nancy A. Doty Clerk to the Board By:. _______ _ APPROVED AS TO FORM: By:. ________ _ Assistant County Attorney COUNTY OF ARAPAHOE STATE OF COLORADO By:_-=-~=----,--c--,,,---- Cbair, Boud of County Commiuioom 6 .,;; . ·• • (J RESOLUTION NO. 030381. It was moved by Coimnissipner Mackenzie and duly seconded by Commissioner Zimmer to adopt the following Resolution: WHEREAS, the Board of County Commissioners and the Open Space and Trails Advisory Group have determined that there is a need to plan and develop an approach for the preservation of open space in Arapahoe County; and · WHEREAS, the County does not have sufficient to finance acquisitions curtailing to an unacceptable level County i t obligated to provide; and the funds in its treasury of open space without other services which the WHEREAS, the County is authorized by law to impose a sales tax on the sale of tangible personal property at retail and the furnishing of services and a use tax for the privilege of using or consuming any construction and building materials purchased at retail and the privilege of storing, using or consuming any · motor and other vehicle, purchased at retail on which registration is required, subject to approval of the registered electors of the County; and WHEREAS, the Board of County Comaissioners has determined that it is in the interest of the residents of the County to impose a County-Wide sales and use tax at the rate of one quarter of one percent {0.251) for the period beginning January 1, 2004 through ·December 31, 2013, and the receipts from which will be restricted in application to the Open Space objectives as set forth 110re fully herein; and WHEREAS, the Board of County ec.aissioners has determined that a question regarding the illlposition of a sales and use tax for the purposes enunciated herein should be subaitted by the Board of County Coanissioners to the eligible electors of the County; and WHEREAS, the Board of County Cc:amissioners has reviewed the proposed ballot question to be considered at the November J 003 election; and - WHEREAS, pursuant to Section 1-5-203(3 ) C.R.S., the Board of County COBlllissioners must certify ballot contents to the Arapahoe County Clerk and Recorder for said November 2003 election; and 1 llllllIT A ,_ ' ... • • -- •• • NOW, THEREFORE, BE IT RESOLVED by the Board of County COlllllissioners of the County of Arapahoe, State of Colorado, as follows: I. General Provisions A. B. Purpose. The purpose of this Resolution is, upon the approval of a majority of registered electors voting on such proposal, to impose a sales tax .of one quarter of one percent (0.251) upon the sale at retail of tangible personal property and the furnishing of certain services in the County, and to impose a use tax of one quarter of one percent (0.251) for the privilege of use or consuming in the County any construction and building materials purchased at retail, and for the privilege of storing, using or consuming in the County any motor and other vehicles, purchased at retail on which registration is required, all in accordance vith the provisions of Article 2 of Title 29, C.R.S., which provisions are incorporated herein by this reference. The sales and use tax shall become effective on January 1, 2004 and cease at 11:59 p.m. on December 31, 2013. Statutory Definitions Incorporated. this Resolution, the definitions contained herein shall be as defined 26-102 and 39-26-201, C.R.S., which incorporated herein by this reference. For purposes of of the words in Sections 39- defini tions are II. Imposition of Sales Tax. There is hereby imposed a County- Wide one-quarter of one percent (0.251) sales tax on all sales of tangible personal property at retail or the furnishing of services in Arapahoe County, as provided in Section 29-2-105(1) (d), C.R.S., effective throughout the incorporated and unincorporated portions of Arapahoe County, subject to the following teras and conditions: A. Transactions Subject to the Sales Tax. 1. The tangible personal property and serY1ces taxable hereunder shall be the saae as the tangible personal property and services taxable pursuant to Section 39-26-104, C.R.S., subject to the same exemptions as those specified in Section 39-26-114, C.R.S., including, specifically, and not by way of lillitation, the exeaption for sales of food (as the teEa •food• is defined in Section 2 t ... • • ) 0 39-26-102(4.5), C.R.S.), as exempted from the Colorado state sales tax pursuant to Section 39- 26-114 (1) (a) (XX); the exemption for vending machine sales of food, as described in Section 39- 26-114 ( 7. 5) , C.R. S., the exemption for purchases of machinery and machine tools specified in Section 39-26-114 (11), C.R.S.; the exemption for sales and .Purchases of those items listed in Section 39-26-114(1) (a) (XXI); the exemption for occasional sales by a charitable organization, as provided in Section 39-26-114(18), C.R.S.; the exemption for sales and purchases of fam equipment or farm equipment under lease or contract exempted from the Colorado state sales tax, pursuant to Section 39-26-114 (20), C.R.S., excepting from the definition of •faJ:Jit equipment• parts used in the repair or aaintenance of farm equii:-ant, all shipping pallets or aids paid for by a fum operation, · and aircraft designed or adapted to undertake agricultural operations; and the exemption for sales of low-emitting motor vehicles, power sources, or parts used for converting such power sources, as specified in Section 39-26-114(22), C.R.S. 2. Such sales tax shall not apply to pesticides that are registered by the Colorado COllllissioner of Agriculture for use in the production of agricultural and livestock products, pursuant to the provisions of the •Pesticide Act• Article 9 of T.itle 35, C.R.S., and offered for sale by dealers licensed to sell such pesticides, pursuant to Section 35-9-115, C.R.S., notwithstanding the removal of such pesticides frCllll the Colorado state sales tax base, pursuant to House Bill 99-1381, enacted at the first regular session of the Sixty- Second General Assembly. 3. Such sa'les tax shall not apply to the sale of construction and building materials, as the •lera is used in Section 29-2-109, C.R.S., if such materials are picked up by the purchaser and if the purchaser of such aaterials presents to the retailer a building peaait or other docuaentation acceptable to the County evidencing that a local use tax has been paid or is required to be paid . 3 t .,.. ... t • • 4. s. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax imposed by Arapahoe County when such sales meet both of the following conditions: (1) the purchaser is a non-resident of or has his principal place of business outside of Arapahoe County, and (2) such personal property is registered or required to be registered outside the limits of Arapahoe County under the laws of the State of Colorado. ' Such sales tax will not be imposed upon the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales . or use tax lawfully impos&d on the purchaser or user by another statutory or haae rule county equal to or in excess of that sought to be imposed hereunder by Arapahoe County. A credit shall be granted against the sales tax iJlposed hereunder by Arapahoe County with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user · to the previous statutory or home rule county. The amount of the credit shall not exceed the sales tax imposed hereunder by Arapahoe County. 6. Such sales tax will not apply to the sale of food purchased with food stamps. For purposes of this section, "food" shall have the meaning as provided in 7 o.s.c. Section 2012(g) as such section exists on October 1, 1987, or is thereafter aaended. 7 , Such sales tax will not apply to the sale of food purchased with funds provided by the special supplemental food prograa for women, infants and children, 42 o.s .c . Section 1786. For purposes of this section, "food" shall have the saae meaning as provided in 42 o.s.c. Section 1786 aa ~uch section exists on October 1, 1987, or is thereafter amended. B. Detemination of Place at llhich Sales are Conswmiated. For the purposes of this Resolution, all retail sales shall be considered consuaaated at the place of business of the retailer unless the tangible personal property sold is deli vered by the retailer or his agent 4 ' .• • • ( 0 C. 0. ·• • -· to a destination outside the limits of Arapahoe County or to a conanon carrier for deli very to a destination outside the limits of Arapahoe ~ County. The gross receipts from such sales shall include delivery charges when such charges are subject to the Colorado state sales and use tax imposed by Article 26 of Title 39, C.R. S. , regardless of the place to which deli very is made. In the event a retailer has no permanent place of business in Arapil;hoe County, or has more than one place of business, the place or places at which the retail sales are consumnated for the purpose of a sales tax imposed by this Resolution shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Department of Revenue. The amount subject to the sales tax imposed hereunder shall not include any Colorado state sales or use tax imposed by Article 26 of Title 39, C.R.S. Collection, Administration, and Enforcement. The sales tax imposed hereunder shall be collected, administered and enforced by the Executive Director of the Colorado Department of Revenue (•Executive Director") in the same manner as the collection, administration and enforcement of the Colorado state sales tax. The provisions of Article 26 of ,Title 39, C.R.S., and all rules and regulations promulgated thereunder by the Executive Director shall govern the collection, administration, and enforceaent of the sales tax imposed hereunder. Distribution of all sales tax collected by the Executive Director, pursuant to this Resolution, shall be to Arapahoe County. Vendor's Fee. At the time of making a monthly return of the sales taxes required by this Resolution, every retailer shall be entitled to withhold a vendor's fee in the amount, as authorized by state law, of the sales tax remitted to cover the retailer's expenses in the collection and remittance of said taxes. If any retailer is delinquent in remitting said taxes, other than in unusual circumstances shown to the satisfaction of the Executive Director of the Department of Revenue of the State of Colorado (the •Executive Director"),. the retailer shall not retain any amounts to cover his expenses in collecting and remitting said taxes. • If any retailer, during any reporting period, !hall collect as a tax an amount in excess of one percent of the total taxable sales, the retailer shall remit to the Executive Director the full amount of the tax herein imposed and also the full amount of said excess. E. Application of Section 29-2-108, C.R.S. The 6.91 limitation on uiount of sales tax provided for in Section 29 -2-108, C.R.S., shall be exceeded by 0.801 in s ' ... ,• • • the City of Aurora; and by 0.051 in the Cities of Q Cherry Hills Village, Columbine Valley and Littleton; and by 0.551 in the Cities of Englewood, Glendale and Sheridan. The County sales tax does not exceed the 11 rate permitted by Section 29-2-108, C.R.S. III. Imposition of Use Tax. There is hereby imposed a County- Wide one-quarter of one percent (0.251) use tax in accordance with the provisions of Article 2, Title 29, C.R.S., for the privilege of using or consuming in Arapahoe County any construction and building materials purchased at retail and for the privilege of storing, using, or consuming in Arapahoe County any motor and other vehicles, purchased at retail on which registration is required, effective throughout the incorporated and unincorporated portions of Arapahoe Cuunty, subject to the following terms and conditions: I A. Exemptions from the Ose Tax. 1. Storage, use, or consumption of any tangible personal property the sale of which is subject to a retail sales tax _imposed by Arapahoe County. 2. Storage, use or consumption of any tangible personal property purchased for resale in Arapahoe County either in its original fora or as an ingredient of a manufactured or ccapounded product, in the regular course of a business. 3. Storage, use or consU111ption of tangible personal property brought into Arapahoe County by a nonresident thereof for his own storage, use, or consumption while temporarily within the County; however, this .exemption does not apply to the storage, use, or consumption of tangible personal property brought into this State by a nonresident to be used in the conduct of a business in this State. 4 . Storage, use, or consumption of tangible personal property by the United States government, or the State of Colorado, or its institutions, or its political subdivisions in their governalllltal capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions. 5. Storage, use, or consumpt ion of tangible personal property by a person en!i'1l ged in the busineaa of manufacturing or compounding for profit, or the use of any article, substance, or cOIIIIIIOdity, which tangible personal property enters into the , 6 ' • • ( (_ 6. 1. ·• 0 0 processing of · or becomes an ingredient or component part of the product or service which is manufactured, compounded, or furnished and the container, label, or the furnished shipping case thereof. Storage, use, · or consumption of any article ·9f tangible personal property, the sale or use of which has already · been subjected to a legally imposed sale or use tax of another statutory or home rule county equal to or in excess of that imposed by Arapahoe Cow1ty. A credit shall be granted against the use tax imposed by Arapahoe County with respect to a person's storage, use, or consumption in Arapahoe County of tangible personal property purchased in another statutory or home rule county. The amount of the credit shall be equal to the tax paid by the person by reason of the imposition of a sales or use tax of the other statutory or home rule county on the purchase or use of the property. The aaount of the credit shall not exceed the tax imposed by this proposal. Storage, use, or consumption of tangible personal property and household effects acquired outside of Arapahoe County and brought into it by a non- resident acquiring residency. 8. Storage or use of a motor vehicle if the owner is or was, at the time of purchase, a non-resident of Arapahoe County and he purchased the vehicle outside of· Arapahoe County for use outside of Arapahoe County and actually so used it for a substantial and primary purpose for which it was acquired and he registered, titled, and licensed said motor vehicle outside of Arapahoe CQunty. 9. Storage, use, or consumption of any construction and building materials and motor and other vehicles on which registration is required if a written contract for the purchase thereof was entered into prior to the effective date of this use tax resolution. 10. ., : Storage, use, or consumption of any construction and building materials required or aade necessary in the performance of any construction contract bid, let, or entered into any time prior to the effective date of the use tax illposed hereunder. 8. The use tax illpoaed hereunder shall be applicable to every motor vehicle for which registration is required 1 ' .. ,• • • 0 c. 0 by the laws of the State of Colorado, and no registration shall be made of any moto r or other vehicle for which cegistration is required, and no certificate of title shall be issued for such vehicle by the Department of Revenue or its authorized agents until any tax due upon the use, storage, or consumption thereof pursuant to this Resolution has been paid. Collection, Administration, and Enforcement. Except as provided by Section 39-26-209, C.R. s., the use tax imposed hereunder !!!hall be collected, enforced and administered by Arapahoe County, consistent with Arapahoe County's guidelines, policies and procedures, which exist or may hereafter be promulgated not inconsistent with this Resolution. The use tax on construction and building materials shall be collected by the County's Building Division of the Development Services , Infrastructure Management Department, by each municipality or, as may be otherwise provided by intergovernaental agreement, based upon an estimate of building and construction materials costs sutaitted by the owner or contractor at the time a building peEDlit application is made. All use tax collected on construction and building materials pursuant to this Resolution shall be distributed to Arapahoe County. All use tax collected on motor or other vehicles pursuant to this Resolution shall be distributed to Arapahoe County. IV. Effective Date-Expiration Date. Dpon adoption by the electorate at the election on November 4, 2003, the sales and use tax provided herein shall become effective and in force at 12:01 a.m. on January 1, 2004, and shall expire at 11: 59 ,p.m. on December 31, 2013, and upon said expiration, all monies remaining in any of the FUnds created hereunder may continue to be expended for the purposes set forth herein until completely exhausted. The effective date of this Resolution and the date upon which the :iJllposition of the sales and use taxes referred to herein begins shall be January 1, 2004. v. ' Necessity for Election. The sales and use taxes imposed hereunder ·shall not become effective until and unless a majority of the registered electors voting thereon, pursuant to Sections 29-2-103(1) and 29-2-104(5), c.r.s., approve the ballot question. A. Ballot Title/Question. The Ballot Title/Question on the County-Wide Sales and Use Tax Resolution that shall be referred to the registered electors of Arapahoe County at the general election to be held on Tuesday, the 4th day of Noveaber, 2003, shall be, in s ubstantially the following for11, with only such 8 ' .. .. • • ) ( • '~i I I I I ~ changes as may be determined by the Board of County Commissioners: BALLOT TITLE: WATER, WILDLIFE, OPEN SPACE, TRAILS AND NEIGHBORHOOD PARK MEASURE BALLOT QUESTION: SHALL ARAPAHOE COUNTY TAXES BE INCREASED $17 MILLION ($17,000,000.00) ANNUALLY, AND BY WHATEVER AMOUNTS ARE RECEIVED THEREAE9?ER, BY A COUNTY-WIDE SALES AND USE TAX OF ONE-QUARTER OF ONE PERCENT (0.251 OR 25 CENTS FOR EVERY 100 DOLLARS, WHICH WILL HOT BE COLLECTED ON SALES OF FOOD OR PRESCRIPTION DRUGS), AND WHICH WILL AUTOMATICALLY EXPIRE IN 10 YEARS, IN ORDER TO: • PRESERVE ORBAN AND RURAL OPJ::N SPACE AND NATURAL AREAS; • PROTECT LANDS THAT PRESERVE WATER QUALITY IN RIVERS, LAKES AND STREAMS; • PROVIDE, MAINTAIN AND IMPROVE NEIGHBORHOOD PARKS, OPEN SPACE, SPORTS FIELDS, PICNIC FACILITIES AND BIKING, WALKING AND HOLTI-OSE TRAILS; • PROTECT WILDLIFE HABITAT AND CORRIDORS; • PROTECT VIEWS, VISTAS AND RIDGELINES; • PRESERVE AGRICULTURAL AND RANCH LANDS; AND • ENHANCE AND MAINTAIN DESIGNATED HERITAGE AREAS; WITH THE REQUIREMENTS THAT EVERY INCORPORATED MUNICIPALITY IN ARAPAHOE COUNTY RECEIVE A PRO-RATA SHARE OF THESE REVENUES BASED ON POPULATION (WITH THE TOTAL SHARE OF ALL MUNICIPALITIES BEING 501 OF REVENUES COLLECTED); THAT EACH MUNICIPALITY SHALL SPEND FUNDS SUBJECT TO AN INTERGOVERNMENTAL AGREEMENT WITH ARAPAHOE COONTY CONSISTENT WITH THIS BALLOT ISSUE; THAT NO HORE THAN 31 OF THE TOTAL ANNUAL REVENUES BE USED FOR COONTY AIIIINISTRATIVE COSTS; THAT THE COUNTY'S PROGRAM EXPENDITURES FOR PROJECTS AND GRANTS WILL FIRST BE SUBMITTED TO A CITIZENS ADVISORY 801\RD FOR A RECCHCENDATION TO THE COUNTY CotatISSIONERS; AND THAT THE COUNTY PROGRAM NILL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT, ALL AS SPECIFIED IN RESOLUTION 030381. . AND SHALL THE COUNTY BE PERMITTED TO COLLECT, RffAIN AND EXPEND ALL REVENUES DERIVED FROM SUCH SALES AND USE TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH lfOOLD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAN? B. Cost of Election. The entire cost of the election shall be paid from the general fund of Arapahoe County. 9 ' • • ·• • •• 0 C. Notice by Publication. The Arapahoe County Clerk and Recorder shall publish the text of this Open Space Sales and Use Tax Resolution four separate times, a week apart, in the official newspaper of Arapahoe County and each incorporated municipality within Arapahoe County. D. Election Officer. The Arapahoe County Clerk and Recorder, as election officer, shall undertake all measures necessary to comply with the election provisions set forth in Colorado Constitution, Article X, Section 20 (3), including, but not !baited to, the mailing of required election notices and ballot issue summari.es. E. Conduct of Election. The conduct of the election shall confo.rm so' far as is practicable to the general election laws of the State of Colorado. VI. Creation of the Arapahoe County Open Space FUnd. A separate fund, to be known as the •Arapahoe County Open Space Fund" (the "Fund"), shall be created and 1001 of the revenue derived from the sales and use tax imposed on the incorporated and unincorporated areas of Arapahoe County shall be deposited thereto to be used solely for the purposes stated herein and as further described more fully below. A. B. For purposes of Colo. Const., Art. X, Section 20, the receipt and expenditure of revenues of the sales tax and use tax shall be accounted for, budgeted and appropriated separately from other revenues and expenditures of Arapahoe County and outside of the fiscal year spending of the County as calculated under Art. X, Section 20, and nothing in Art. X, Section 20, shall limit the receipt and expenditure in each fiscal year of th,e full amount of such revenues of the sales tax and use tax, nor shall receipt and expenditure of such revenues affect or limit the receipt or expenditure of any and all other revenues of Arapahoe County for any f i scal year. .. .. Interest from Revenues and Income Generated from Acquired Lands. Interest generated free the revenues of the sales and use taxes imposed herein shall be used for the purposes stated herein. Incc:ae generated from the use or lease of preserved lands, n.tural areas, wildlife habitats, and parks acquired vith the sales and use taxes imposed herein shall be used for the purposes stated herein. 10 . • • ·"· • ·.., .. • . ' ' • • ( ( 0 0 VII. Open Space and Trails Advisory Board. If said sales and use tax is approved, the Board of County Commissioners shall appoint an· Open Space and Trails Advisory Board ( "OSTAB") within ninety (90) days following approval of the election question. A. OSTAB shall consist of seven members. 8. Each County Coaaissioner shall appoint one resident of his/her cOlllllissioner district to serve as an OSTAB member. C. The Board of County COlllllissioners shall appoint two Arapahoe County residents as at-large members. I D. OSTAB members shall serve three-year tenu of office, except the initial term of three of the seven members shall be for two years. Members may be re-appointed to no more than two successive terms. E. OSTAB members shall serve at the pleasure of the Board of C~unty Coaaissioners. F. Members shall not be ~nsated for their services. G. Members shall act in accordance with law, including Colorado conflict of interest laws applicable to public bodies. No aember shall vote or participate in the application process regarding an acquisition or expenditure in which he or she baa a financial or ownership interest, or where he or she bas an ownership interest in an adjacent property. H. I. OSTAB shall meet quarterly, beginning the first quarter of 2004, or as necessary, to review proposed projects and perform other duties in accordance with this Resolution. OSTAB shall uke rec~dations to the Boarl of County Coaai~aioners regarding the distribution of · revenue collected froa the Open Space Sales and Oae Tax, in accordance with the guidelines Ht forth in this Resolution. VIII . Distribution of Sale s and OH Tax Revenue. The revenue collected from the Open Space Sales and Use Tax shall be 11 ' -· • • distributed and administered in the following lllilMer and subject to the definitions and conditions as set forth in this Resolution: A. B. The annual revenue froat the Open Space Sales and Use Tax shall be distributed according to the percentages as set forth below. Expenditure of said revenue is governed by the provisions set forth in Section VIII. Shareback to all incorporated IDWlicipalities or portions thereof baaed on the population of the incorporated municipality or portions thereof in Arapahoe County versus total population · of incorporated areas in Arapahoe County County Open Space Prograa funds to be used as f~llows: County Administrative Costs Available as grants to incorporated aunicipalitiea and special districts within Arapahoe County Designated Arapahoe County Heritage Areas Maintenance of County Open Space Acquisition o( open space and/or interests in open space to include for the development of aulti-use trails Total distribution by percentages of Open Space Fund created by Open Space Sales &nd Os• Tax 31 121 3.61 3.241 28.161 501 • . 1001 County Adiainistrative Costa are tho•• coat• nec•••ary for the County to amainiater the distribution of funds, to include distribution of Sharebact l'Wlda1 development, creation, overai9ht and 111>nitorin9 of and coapliance with Intergovernaental A9r .... nta (•1a.•) 1 12 ' • • c. grant review and distribution of grant funds; site reviews for grants and review of certified ·Annual Municipal Reports, as well as to administer the County' s own Open Space Program , excluding maintenance, as set forth more fully below. Shareback Funds are those monies distributed to the incorporated municipalities wholly and/or partia1ly in Arapahoe County for open space uses as aore fully set forth below. 1. These funds will be distributed to each incorporated municipality within or partia1ly within Arapahoe County based on the . population within said jurisdiction in Arapahoe County and the total incorporateq population of Arapahoe County. 2. The ·population figures will be updated annually based on the official figures provided by the Demography Section of the Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography Section. 3. The Shareback Funds will be distributed on an annual basis to each incorporated municipality, wholly or partially within Arapahoe County, provided that: a. The incorporated aunicipality has entered into an Intergovernaental Agreeaent ( IGAI with the Board of County Coaaissioners. b. Such required IGA reflects the te:ma, conditions, intent and purpose of this Resolution consistent with the guidelines as set forth in Section vx'II (Cl and (El below. c. Shareback Funds uy be used for the •open space uses as set forth in Section VIII (E) below. d. In addition, Shareback Funds uy be used to purchase and/or deTelop and/or illprove existing neighborhood parks and/or sports fields. 13 ' . ... .. • • 0 e. Further, an incorporated municipality may use up to ten percent (101) of its Shareback Funds distributed by the County annually to maintain existing or new open space properties, neighborhood parks and sports fields. f. Incorporated municipalities may bank Shareback Funds from year to year as long as such funds are expended in accordance vi th the purposes set forth in this Resolution, and such is noted in the Annual Municipal Expenditure Report as set forth in Section VIII (C) (3) (g). g. Every December 31st, each incorporated municipality, which received Shareback Funds, must certify and await in· writing, to the Board of County Commissioners, that the funds were used in confoaaance with this Resolution and aust detail the expenditures of its Shareback FUnds. Such submi~sion shall be called the Annual Municipal Expenditure Report. h. If Shareback Funda are not used in accordance with the provisions and guidelines set forth in this Resolution and/or are used in violation of the terms and conditiona of the I<a, the offending incorporated IIWlicipality will be ineligible for future Shareback FUnda, unless and until a compliance plan is subnitted by the offending municipality to and approved by the Board of County Comaissioners. i. If the offending aunicipality fails to subai t a CC111pliance plan approved by • the Board of County eo-issionera or fails to ... t the requiraenta of the Board of County Coaaisaionera • approftd caapliance plan, then the Share of tbe non-ccaplying anti ty will be distributed, baaed on annual population figures, aaong the other participating incorporated aunicipalitiea. 14 .. t • • -- C o. ( The County Open Space Program shall have the following components: l. Grant Program. The County shall have funds, as specified above in Section VIII (A), available for distribution in the form of grants to incorporated municipalities; special districts, which provide recreational services or amenities; and recreation districts. Said grants shall be used for the purposes specified in Section VIII(C) (3) (d) or VIII(E) (1), and in accordance with the guidelines set forth in this Resolution. a. Those entities having proposals " consistent with the guidelines as set forth in this Resolution may submit . their grant applications to OSTAB. b. OSTAB and County staff shall review the grant applications and make rec~ndations to the Board of County COlllllissioners regarding the approval, conditional approval or denial of each application. c. The Board of County Ccaaissioners then shall approve, conditionally approve or deny the grant application. d. I,f the County distributes less than 121 of the Open Space Sales and Use Tax as designated for grants, the remaining portion sha 11 be retained by the County to be used fo ·urposes set forth in Section VIII (D) (5 ) •low. 2 . Designated Heritage Areas. The Board of County Comdssioners shall authorize expenditure of funds for Designated Arapahoe County Heritage Areas (•Designated Heritage Areas•) located in unincorporated Arapahoe County. : a. A Designated Heritage Area is defined as lands or structures which Have a cultural or hist orical significance to Arapahoe County, such as a historic property or a future fairgrounds. 15 ... ' .. .. t • • 3. 4. b. The Board of County Commissioners shall consider designating land or a structure as a Designated Heritage Area after OSTAB and County staff have reviewed and made recoamendations on a proposal for such an area. c. d. Before it designates a Designated Heritage Area, the Board of County CODlll.issioners shall conduct a public hearing on the proposal. Funds allocated to Designated Heritage Areas may be used for maintenance of structures and grounds, as well as for future improvements and operations. Funds may not be used for construction of new buildings.~- e. If the County uses less than the allocated funds ~or Designated Heritage Areas, the remaining portion shall be retained by the County as set forth in Section VIII (D) (5) below. Open Space Maintenance. The County aay use funds, as specified in Section VIII (A), for maintenance of County Open Space, to include trails. a. Open Space maintenance funda may n2! be used for maintenance of Designated Heritage Areas if said areas' maintenance is funded under the Designated Heritage Areas portion of the County' s program. b. If the County uses less than the allocated amount in the Fund for maintenance, the remaining portion shall be retained by the County as set forth in Section VIII (D). (5) below. • Acquisition of Open Space and Trail Developaent. The County shall use the percentage of tbe Fund, as specified in Section VIII (A) above, to acquire open space or interests in open space and develop trails. Monies in this category aay be 16 ~- ; ' ·~ ,• • • ( ( 5. banked for future acquisitions and/or projects, consistent with Section VIII (Dl (5). If the allocated funds for the County administrative costs,. g,rants, Designated Heritage Areas, County open space maintenance and/or acquisition of open space or interests in open space or trail development are not expended by December 31st of each year, County staff shall bank such funds according to the aforementioned uses . At any tiae, County staff shall reccaaend to OSTAB the use of such banked funds for the purposes so designated and/or for acquisition of open spa~ or interests in open space and/ or trail purposes. OSTAB and County staff shall make reccmaendations on the use of the unexpended funds to the Board of County C~ssioners. The Board of County Coaais~ioners then will accept or reject OSTAB .' s and/or County staff's recoaaendations and/or ~signate the monies to be expended in a manner consistent with this Resolution. 6. On an annual basis, the County will hire an independent auditor to audit the County's expenditures of the Fund. E. Additional Guidelines for Ose of Funds: 1. Revenues collected free the Open Space Sales and Ose Tu uy be used in the following manner: a. To acquire fee title interest in real property for the purposes provided herein; b. To acquire less than fee interests in real property for the purposes provided herein; such as easeaents (including conservation and agricultural), future interests, covenants, developaent rights, subsu~ace rights and contractual rights, either on an exclusive or noneaclusive basis; c. To acquire connection herein; vater rights for vith the purposes 17 use in provided ... t • • d. To acquire lands that preserve urban and rural open space; natural areas; agricultural and ranch lands; water quality; lakes; rivers; streams; corridors of rivers and streams; views; vistas; ridgelines; wildlife habitat and movement corridors; trail corridors; flood plains and wetlands; e. f. To acquire lands that are maintaining cammunity identity; buffers To acquire lands for outdoor recreation purposes limited to passive recreational use, including but not limited to biting, snowshoeing, photography, nature studies, and if specifically· designated, bicycling, horseback riding, bunting and fishing; 9. To acquire lands with other important values such as historic sites that contribute to the County's and County municipalities' natural and cultural heritage; h. To acquire rights-of-way and easements for trails and access to public lands, and to build and improve such trails and access ways; i. To allow expenditure of funda, consistent with the guidelines set forth in this Resolution, for joint projects between counties and municipalities, special districts which have a recreational ccaponent, recreation districts, or other governmental entities in the County; j. To improve, restore and/or protect open space lands as provided herein; -k. To manage, patrol and aaintain those lands 1. as provided herein; To pay for construction, improvements; 18 related equipaent, acquisition, and/or •• ' .· ... .. .. • • ( C. 2. 3. 4. m. To allow for construction of picnic facilities in a manner consistent with the purposes of this Resolution; n. To allow for the funding of enviroimental education programs in a manner consistent wi th the purposes of this Resolution; o. To implement and effectuate the purposes of the Open Space Program. No land or interests acquired with the revenues of the Open Space Sales and Ose Tu aay be sold, leased, traded, or otherwise conveyed, nor uy an exclusive license or pexait on such land or interests be given, without such approval by the governing body of the entity having received any portion of the Fund, after conducting a public hearing. If the Board of County ec-isaionera sells land or interests as specified in paragraph 2 above, the proceeds shall be deposited with the Open Space Fund. If any incorporated amicipality; special district, which provides recreational services or aaenities; or recreation district, sells land or interests as specified in Paragraph 2 above, the proceeds shall be deposited' in a fund to be used for purposes consistent with this Resolution. IX. Repeal and Allendllent A. If this Resolution is approved by a aajority of the registered electors of Arapahoe County at the election to be held on November 4, 2003, its provisions relating to the aaount of tu illposed, specifically the one- quarter of one percent (0.251) sales tu apecified in Section I I and one-quarter of one percent ( 0. 251 >·· use tu specified in Section III, the pro,,iaions relating to the deposit and expenditure of revenue•• set forth in Section VI, and the provisions of Sections VII and VIII, shall not be repealed or ... nded except by a vote' of the regis tered electors of the County. 19 .~ t -.. t • • • • B. Except as provided in subsection A. hereof, or as. otherwise provided in .Article 2 of Title 29, C.R.S., the provisions of this Resolution may be repealed or amended, subsequent to its adoption of the sales and use tax by a majority of the voters of Arapahoe County,· by a majority vote of the Board of County cOlllllissioners, and such repeal or amendment need not be submitted to the registered electors of the County for their approval. x. Miscellaneous A. B. Limitation on Amount of Tax. In the event the 6. 91 percent limitation provided in Section 29-2-108, C.R.S., were . to be exceeded in any incorporated municipality within the County by the sales and use tax imposed by this Resolution, such limitation shall be exceeded by no more than one percent in said incorporated municipality. Severability. If any section, para9raph, clause, or provision of this Resolution, or the ballot question submitted to the registered electors at the election provided in Section V above, shall be adjudged to be invalid or unenforceable, the invalidity or enforceability of such section, para9raph, clause or provision shall not affect any of the remainin9 sections, paragraphs, clauses, or provisions of this Resolution or said ballot question. It is the intention of the Board that the various parts of this Resolution and said ballot question are severable. The vote was S-0: Coaaissioner Mackenzie, yes; cOlllllissioner Vickrey, yes; coaaissioner Myers, yes; cOIIIDissioner Beclcman, yes; Commissioner ZimDer, yes. The Chair declared the motion carried and so ordered. PASSED AND ADOPTED this 11t1a day of June, 2003,: in Littleton, Arapahoe County, Colorado . 20 ' .... •' .' • • Oll•tM'!HIO. __ S'l!lm!S OF 2004 BY AUTHORITY COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER BRADSHAW 'AN OllDINANCB ·APPIOVING All ~AL AaillmMmn' BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COumY., <X>LOIW>O, BY AND nlROUOB TH! ~AlfOB COUNTY CLERK'. AMI> RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATBD BLBCTION ON NOVlllllla'I; 11M. WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title l, C.R.S.) as amended , governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and I WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS , Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated , election for the November 2, 2004 election ; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election punuan~ to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Intergovernmental Agreement for Coordinated Election is attached hereto as "Exhibit A"; the time guidelines schedule is available in the Office of the Englew()()d City Clerk. The Intergovernmental Agreement for Coordinated Election is hereby accepted and approved by the Englewood City Council . -1- • • Section 2. The Mayor and City Clerk: are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 2nd day of August, 2004. Published as a Bill for an Ordinance on the 6th day of August, 2004. Read by title and passed on final reading on the 16th day of August, 2004. Published by title as Ordinance No. __, Series of 2004, on the 20th day of August, 2004. Douglu 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 2004. Loucrishia A. Ellis -2- • • ... • • INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 2, 2004 (Election Only) 0 0 This Intergovernmental Agreement Is entered Into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter Jointly referred to as the "County") and the City of Englewood (hereinafter referred to as the "Polltlcal Subdivision" and/or "Jurisdiction"). WHEREAS, pursuant to the Uniform Election Code of 1992, (ArUctes 1 to 13 of Title 1, C.R.S.) as amended, governmental entitles are encouraged to cooperate and consolidate elections In order to reduce taxpayer expanses; and WHEREAS, the County and the Polltlcal Subdivision have determined that It Is In the best lnbnst of the taxpayers and the electors to conduct a Coordlntlted Election on November 2, 2004; and WHEREAS, the County and the Polltlcal Subdivision desire to set forth their respective responsibilities for the Coordinated Election to the Intergovernmental Agreement. NOW, THEREFORE, IT IS AGREED by the County and the Polltlcal Subdivision as follows: 1. The November 2, 2004 elecllon shall be conduclled u • Coordinated Electlon In accordance with the UnHonn Electlon Code of 1182 (ArtlclN 1-13 of TIiie 1, C.R.S.). The alectlon participants shall be 1'9qUINd to uecuta .,..__ with Arapahoe County for this purpoee and may Include munlclpalltlN, 9Chool dl8lrlct8 and ~al districts within the Anlpllhoe County limits and the Stata of Colorado. 2. The November 2, 2004 alectlon shall be conductad by the County with the UN of paper ballots, electronic voting equlpnwrt, and voting machlnee. 3 . The Arapahoe County Clerk and Recorder shall be dNlgnat.d u the Coordlnatad Election Official and the Polltlc:al Subdivision hereby Identifies Englewood City Cieri(, Loucrishla A. EIits , u Its Designated Elecllon Official. 4. The County shall perform the followtng taska In Nlatlon to said election, to wit a. Negotla1e an agrwnant with Sequoia Vollng Syalame for the prlnllng of the ofllclal ballots. b . Provide • copy of the ballot layout and the IUt of .. ofllclal ballot lo .. dNlgnad election offlcial for proofrwllig .,.,. aultwOilzilllllon lo begin prlndng of .. ballots. c . Certify the compa.ea number of reglster9d eleclors wllhln tlle Arapahoe County portion of the Polltk:al Subdivision no ...., tlWI Oc:IDber 15, 2004. ' . .. • • ' • • --·• • }\ I ' ~'~ \---. t..__J . d. Provide support on the date of the election by telephone and In person, should the need arise, until counting of the ballots Is completed. e. Provide unofficial results of the election on elactlon night by telephone or by facsimile transmittal upon request. f. Maintain a list of actual voters from the November 2, 2004 election, and upon request, generate a printed Hat of the persons who voted following the election. The cost will be $.005 (1/2 cent) per name. g. Store all voted ballots for a 1nlnlmum of 25 months, and all other materials required by law (Section 1·7-802, C.R.S.) to be saved, In such a manner that they may be accessed by the participating Jurisdiction, If necessary, to resolve any challenge or other legal questions that might arl• regarding the election. h. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's administration of the election for the 1 Jurisdiction. The participating Jurisdiction's proportional share of actual costs shall be based on County expendttures relative to the November 2, 2004 election. I. Appoint, compensate, Instruct and oversee the board of canvassers. J. Appoint, compensate, Instruct and oversee the Judges of the election. k. No later than 20 days prior to the election, provide the participating Jurisdiction no lea than 10 sets of each "test deck" of the Jurisdiction's ballot style(•) to allow for testing of electronic vote-counting equlpms1t. I. Publish and post the required legal notice purauant to C.R.S. 1-5-205 that la published no later than 10 days prior to the election for the Jurisdiction's ballot questions and candidates. m. Enforce Fair Campaign Practice Act (Article 45 of Title 1, C.R.S.) as It relatea to the November 2, 2004 election. n. Provide and operate the County's electronic vote-counting equipment. There will be no charge for the pre-election preventative maintenance on the electronic vote-counting equipment for this election cycle. 5. The Political Subdivision shall perform the following tasks In relation to said election, to wit: a.· Certify the candidates, If applicable, the list of ballot Issues and/or ballot questions of each ballot ~uue or question on a diskette In Microsoft Word format along with a paper copy of the ballot content no later than 4:00pm on September 8, 2004. The ballot content must be certified In the order In which It will appear on the ballot The certified 11st of candidates, baHot IHYII and(or bfll9t CIUNtiont shall be final and the County will not be ruponslbft for making any chanap after the certification. b. Within one day of receipt, proofread the layout and the text of the Jurisdiction's portion of the official ballots before authorizing the printing of all ballots. 2 .. I • • ' • • ( 0 ·• • • c . Publish and post any required legal notices for the Jurisdiction's ballot questions and candidates, other than the notice required by C.R.S. 1-S-205 that Is published no later than 1 o days prior to the election. d. Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for testing the electronic vote counting equipment, no later than October 15, 2004. e. Remit payment directly to Arapahoe County within 60 days of billing for Its prorated share of all costs relating to the printing and malllng of ballots and all other election expenses described In Section 4. The current estimated cost to print each ballot Is approximately $2.10, to be shared by all participating Jurisdictions. f. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.), and the time guidelines schedule as attached hereto as these relate to the November 2; 2004 election. The Polltlc;al Subdivision shall notify the County of any exception no later than 29 days prior to the election. g. The Political Subdivision shall defend and resolve at Its sole expen• all challenges relative to the candidates, ballot 1 .. ues and/or ballot questions as certified to the County for Inclusion In the November 2, 2004 Coordinated Election. h. Submit to the County a copy of the participating Jurisdiction's map with the 11st of county precincts, which corresponds to the County's precinct map, no later than August 25, 2004. I. Obtain and deliver a certified copy of the property owners' 11st for the Political Subdivision, (If deemed applicable), that ha been reviewed against the votar registration records In the office of the Arapahoe County Clerk and Recorder. J. Deliver all requests for absentee ballots to the County for processing. Such requests shall be delivered or faxed dally to the Arapahoe County Clerk and Recorder's office. 6. The Polltlcal Subdivision avers that It has sufficient funds available In Its approved budget to pay Its prorated election expen ... for tha November 2, 2004 Coordinated Election. 7. Unless otherwise agreed In writing, this Intergovernmental Agreement and the Interpretation thereof shall be governed by the laws of the State of Colorado. 8. Should any provision of this Intergovernmental Agreement be detarmlned by a court of competent Jurisdiction to be unconstitutional or otherwl• null and void, It Is the Intent of tha parties hereto that the remaining provisions of this lntergoV9mmental Agreement shall be of full force and effect. 9. Notices to be provided under this Intergovernmental Agreement shall be given In writing either by hand delivery or deposit In the Unltad States mall, certified mall, return receipt requested, with sufficient postage, to the following penons: ) ., ' • ' ' • • -·· Nancy A. Doty Arapahoe County Clerk and Recorder 5334 South Prince St. Uttleton, Colorado 8018&0211 10. Thia Intergovernmental Agreement may not be modified, amended or otherwl• altered unless mutually agreed upon In writing by the parties hereto. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS Susan Beckman, Chair DATE: ------- ATIEST: ARAPAHOE COUNTY CLERK AND RECORDER Nancy A. Doty, Coordinated Electlon Offlclal DATE: ------- JURISDICTION NAME: CITY OF ENGLEWOOD BY: _______________________ _ Douglaa Gamttt TITLE : MAYOR DATE : _______ _ • • ( OllDINANC.S NO. SERIES OF 2004 BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER MOORE WHEREAS, the City of Englewood designed the Englewood Shuttle to provide circulator shuttle service in the general area of the Englewood City Center, downtown Englewood and the Swedish/Craig Medical Center; and WHEREAS, this service will provide mobility and access to the commercial areas in and around the vicinity of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig Medical Complex; and WHEREAS, RTD provides bus service to and through the Englewood City Center area and the area in and around downtown Englewood and the Swedish/Craig Medical Complex; and WHEREAS, RID and the City of Englewood agree that these services will complement each other and provide attractive and effective transit service for people working and shopping in the area surrounding the Englewood City Center; and WHEREAS, the City Council of the City of Englewood, Colondo approved application to the Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality Funds for operation of a Circulator Shuttle in November 2002; and WHEREAS, in November 2003 the DRCOG and the RID approved the 2004 CMAQ and STP-Metro funds to be transferred from the Federal Highway Administration to the Federal Transit Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement Program; and WHEREAS, due to federal funding constraints on CMAQ funds, notice of release of this funding was not confirmed until early 2004; and WHEREAS, receiving 80%, of the project costs from CMAQ requires a 200/o local match; NOW, THEREFORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colondo hereby authorizes the "Intergovernmental Agreement" between the Regional Transportation District (RTD), attached hereto as Exhibit A, entitled "Agreement for Englewood Shuttle CMAQ Funding 2004-2006 . -1- ' .· .. .. • • Scctjon 2. This Ordinance appropriates the CMAQ funds (80%), RTD funds (10%) and the City of Englewood, Community Development funds (10"/o) for the above described project. Section 3. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on fust reading on the 2nd day of August, 2004. Published as a Bill for an Ordinance on the 61~ day of August, 2004. Read by title and passed on final reading on the 16th day of August, 2004. Published by title as Ordinance No . _, Series of 2004, on the 20th day of August, 2004. ATTEST: Douglas Gamtt, 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 paued on final reading and published by title as Ordinance No. __, Series of 2004. Loucrishia A. Ellis -2- • • -- ( ( ·• • • 0 AGREEMENT for ENGLEWOOD SHUTTLE CMAQ Funding 2004-2006 This Agreement is made this d day of _j J.. , 2004, between the Regional Transportation District, a political subdivisio~e state of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. 32-9-101, et. Seq., {hereafter HRTD"), and the City of Englewood, Colorado {hereafter ·city .. ), a Colorado home rule city for funding and operation of the Englewood Shuttle in the area of the Englewood City Center in the City of Englewood, Colorado. RECITALS 1 . City has designed the Englewood Shuttle to provide circulator shuttle service in the general area of the Englewood City Center, downtown Englewood and the Swedish/Craig medical center. The purpose of this service is to provide mobility and access to the commercial areas in and around the vicini,ty of the Englewood City Center light rail station, downtown Englewood and the Swedish/Craig medical complex. 2 . RTD also provides bus service to and through the Englewood City Center area and the area in and around downtown Englewood and the Swedish/Craig medical complex. RTD and City agree that these services are complementary to providing attractive and effective transit service for people working and shopping in the area surrounding the Englewood City Center. 3 . It is in the interest of the parties to pursue the implementation and operation of the Englewood shuttle service through funding by the City and RTD as set forth herein. Now, Therefore, in consideration of the promises and obligations set forth herein, the parties agree as follows: 1. City has been allocated federal funding through the Congestion Mitigation and Air Quality Improvement {CMAQ) program authorized pursuant to the Transportation Equity Act for the 21 •• Century {TEA-21) for the purposes of funding Englewood shuttle service in the area of the Englewood City Center, downtown Englewood and the Swedish/Craig medical complex. Such funding amounts to $212,160 in federal FY 2004, $220,646 in federal FY '05 and $229.472 in federal FY '06 for a total of $662 ,278 in CMAQ funds . 2 . RTD is an eligible recipient and has ability to use all federal grant funds authorized pursuant to 49 U.S.C . section 5309. 3 . By execution of this Agreement, City waives any right to receive the afore -mentioned CMAQ grant funds pursuant to 49 U.S.C. section 5309 in FY 2004-2006 and assigns RTD those CMAQ funds for Englewood • X .. I • ~ ,. ' .. .. • • -· 4. shuttle service for eligible RTD projects from the Federal Transit Administration (FTA) directly. If necessary, City will prepare a letter to the Denver Regional Council of Governments (DRCOG) and/or FT A affirmatively stating its/their intent to relinquish the CMAQ funds to RTD. In consideration of the release of these funds, RTD agrees to provide funds to City in an amount equal to federal CMAQ funds received by RTD in a total amount not to exceed $662,278 according to the following payment schedule: FY 2004- FY 2005- FY 2006- $212,160 $220,646 $229.472 5 . RTD will make funds available to City for support of Englewood shuttle service. By virtue of this Agreement, City will receive local funds and will have no federal contractual or reporting obligations. Funds made available by RTD to City in exchange for release of CMAQ funds will be only in amounts equal to those made available to RTD under an approved grant from FTA, provided that RTD shall take all steps necessary to apply for and contract for such funds . In the event that RTD receives less than anticipated amounts set forth in paragraph 4 herein, RTD shall pay to City only the amount that RTD actually receives on an annual basis. Nothing shall obligate RTD to advance any future year grant funds. 6. RTD will pay City the full amounts of FTA funding released by City and received by RTD pursuant to this Agreement, provided that City presents invoices and verified statements of expenses in keeping with Attachments A and B, description of service and anticipated operating costs and revenues respectively. City will file annual budgets with RTD for Englewood shuttle related capital and operating costs for 2004 7 . through 2006. · City, or its Agent(s), shall invoice RTD not more than monthly, nor less often than quarterly, for actual costs incurred in the provision of Englewood shuttle service, providing a summary, as agreed, of expenses, revenues, service hours, mileage and the number of passenger boardings generated as a result of providing Englewood shuttle service. RTD shall pay all approved invoices within thirty days of receipt. If RTD does not approve an invoice from City or its chosen Agent(s), a written exp lanation of disputed items will be sent within 10 days of RTD's receipt of the invoice. City shall be solely responsible to own, operate and/or maintain all projects and capital items funded by this Agreement. Nothing contained herein obligates RTD to implement service. acquire vehicles , facilities, equipment or property , or maintain any service , vehicles, facilities , I · ' .. • • ( 8. u 0 . equipment or property as a result of this Agreement. Nothing herein obligates RTD to provide any future funding for any service implemented or vehicles, facilities, equipment or property implemented or acquired as a result hereof. RTD is not a provider, sponsor or grantor of City service. This Agreement is solely for the purpose of exchanging federal grant funds for local funds. City or its designees shall be solely responsible for hiring and supervision of the employees who operate the Englewood shuttle service. The RTD shall have no responsibility for, nor authority or control with respect to, the supervision and management of the drivers and other employees who work in connection with the Englewood shuttle service. 9. The parties agree that the RTD shall have no liability to third parties arising out of the operations or management of the Englewood shuttle, or any other City service, and the City shall have no liability toi third parties arising out of the operations or management of any RTD services. City shall cause RTD and its officers and employees to be named as additional insured on all insurance policies for the operations of the Englewood shuttle. 1 O. Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., each party shall be responsible for any claims, demands or suits arising out of its own negligence. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver by any party of its governmental immunity or the governmental acceptance by any party of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. 11 . Nothing in this Agreement shall be construed to limit RTD's right to establish routes or services or perform any functions authorized by C.R .S . § 32-9-101 , et. seq . 1 2 . There shall be no third-party beneficiaries of this Agreement. 13. This Agreement does not contain any multiple-fiscal year financial obligations by either party that extend beyond its current fiscal year. The financial obligations of each party under this Agreement shall be subject to and limited by the appropriation of sufficient funds therefore by its governing body . Funds for this agreement have been budgeted, authorized and appropriated by the RTD Board of Directors for the 2004 fiscal year. Nothing herein obligates RTD to budget , authorize or appropriate funds for any future fiscal year. In the event that funds are n ot app ropriated for subsequent years , RTD will inform City in writing ' • • 14. 15. 16. 17. 18. 19. ' 0 0 . and no additional funds will be paid by RTD to City. In such event this Agreement will terminate when RTO has received CMAQ funds in an amount equal to the funds it has paid to City and the parties will have no further funding obligations to one another. The City and RTD are not partners or joint venturers as a result of this Agreement. The City and RTD represent or warrant to each other that they have all necessary authority to enter into this Agreement and to perform their obligations hereunder and that this Agreement does not conflict with any other agreement that each party is subject or to which it may be bound. Except as otherwise provided in this Agreement, neither party may assign the Agreement and/or any of its rights and obligations hereunder without the written consent of the other party. This Agreement may be modified or amended only by a written document duly executed by both parties. Correspondence regarding this Agreement shall be sent to: For City: City of Englewood Community Development Department 1000 Englewood Parkway Englewood, CO 80110 Attn . Lauri Dannemiller, Senior Manager For the RTD: Regional Transportation District 1 600 Blake Street Denver, CO 80202 Attn: Bruce Abel, Assistant General Manager, Contracted Services The terms and provisions of this Agreement, and its exhibits, represent the entire understanding of the parties with respect to the subject matter of this Agreement, and merge, incorporate and supersede all prior communications between the City and RTD concerning that subject. No representations or warranties are made by the City or RTD except as herein set forth . ' . ... .. ., • • WHEREFORE, the parties have entered into this Agreement as of the date first set forth above. REGIONAL TRANSPORTATION DISTRICT ~i~~~ General Manager Regional Transportation District Approved as to legal form: Regional Transportation District Marlrl. Lien ' Asso'ciate General Counsel CITY OF ENGLEWOOD Bv=~~~~~~~~~ Douglas Garrett Mayor City of Englewood ATTEST: Secretary (' \ ( Attachment A Englewood shuttle Service Description 2004 Span of Service: Monday-Friday Saturday- Sunday- Service Frequency : Weekday- Saturday- Sunday- Annual Revenue Hours: Weekday (Monday-Friday)- Weekend - Holidays- Total 8:30 AM-8:30 PM n/a n/a every 10 minutes n/a n/a 8,120 n/a n/a 8,120 ( Attachment B Summary of Anticipated Operating Costs and Revenues For the Years 2004-2006 Expense: Englewood shuttle operations- Fuel Contract management Planning/Marketing Total Expense Revenue: Passenger fares CMAQ funding Local Match (20%) Total Revenue Sources of Local Match: City of Englewood ( 10% local match) RTO ( 10% local match) Total Local Match 18,360 hours • $34.86/hr $640,030 $ 36,930 $ 39,340 $111,546 $827,846 $ 0 $662,278 $ 165,568 $827,846 $ 82,784 $ 82.784 $166,568 C ·• • •• City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER ' DATE: August 16, 2004 APPHO'irtNCI I HE 0 PLEASE PRINT cf,~.,f,J NAME ADDRESS ' • • Remarks made at Englewood's Zoning Commlilllon JI.lie 29 open meelll ig My letter of June 28 wu dellYered by hand to the Zoning Comrnilllon'a aecretary. We can assume each of you have received yolM' lnclvldual copy & have read It Should you need an additional copy, I have br'ou!jt them wtlh the queetion • why haven't you received It? The mission of zoning and III admlrnt111tion la to ...,. and prOl8Ct l'Nldenl8, not to accomodat8 a developer's ftnanclal benefit The Seminary land la praper1y zoned for EnglevJOOd'a need. A need for developer Fonltman's concept hu not been dlmolllblllld. The Fonltman plan creats devlslating shadowing 11D IUffOUndlng Ellglewood properties. Zoning should be changed to NMt a need, not a ct.. 1loper'a dellnt. The Forstman plan for the Seminary can not be llffordld by 80% of Englewood rNldlllla. \__; ,-z-A 3C!l c.l Th ci_{tt_s zx::, ~ ~ocr E:.. +lDl{d ~L , ( (_ C To: The Plannlng and Zoning Commission City of Englewood June 28, 2004 We have been residents of Hampden HIiis for many years and feel we must vlgorously express our objections to the proposed Forstmann project. During all of the meetings, we have found Mr Forstmann to be lncredlbly Intransigent and Imperious. Developer explanatlons concerning traffic mitigation fall to address the total Impact not only on our street (E Floyd Pl), but the eot/m 4CN, Traffic studies seemed Inconsistent and vague, the addltlonal lanes proposed wlll not only become a danger, but a serolus health and noise hazard. The slide show shadow representations were casual, without documentation or references to the Hampden HIiis houses and street elevations. Dangerous wintertime shadowing of homes, yards and streets were passed off by Mr Forstmann as 11mlnor short term Inconveniences•. Unreasonable, vague depictions of sun angles and azimuths did not account for the extreme shadowing of homes on both sides of Race, Floyd and University. Mr Forstmann has refUsed even to discuss moving the towers to the south to mitigate shade Impact. He has also adamantly refused to consider any suggestion of lowerlng their height, stating that It was not economlcally beneflclal. such dense urban development Is lncredlbly Inappropriate. We strongly urge you to carefully consider the report Issued by the planner for the Arapahoe County Commissioners. The Seminary land Is currently zoned for Englewood's needs. More than adequate commercial and high density residential zoning Is In place. Any ~·, 2 "l" ~ a ck. To(c_ k~ ,sdcr t= ~\ace)~c_ t .. • • • THE ENGLEWOOD HERALD ,. . c STATE OF COLORADO ss (,. COUNTY OF ARAPAHOE I, Gerard J . Healey, do solemnly swear lhat I am the Publisher of the ENGLEWOOD HERALD and that the same is a weekly newspaper published in the city of Littleton in the County of Arapahoe, State of Colorado, and has a general circulation therein; lhat said newepa· per has been published contlnuoualy and uninterruptedly in said County of Arapahoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper Is enlel8d in the Post Office of Llttleton, Colorado, aa Second Class Mail matter and that lhe said newspa- per is a newspaper within the meaning of the act of the General Aasambly of the S1ll1II or Colorado, approved March 30, 1923, and entitled Hlegal Notices and Advertisements" and other acts relallng to the printing and publishing of legal nollc:ee and was published In the regular and entire issues of said newspaper, once each WNk , on the same day of each week, for a parlod of bconacutlve iNertiona and thal the llrat .. : ~ Signature or P t Subscribed and swo rn to before ;-.J 11) me, a Notary Public, this '23_ day ,,> . i J\ of ---,-.-,....:.~""",,,I'=- }> i) _/..:.!.a.L.6..::~!:J-=::::.L..LJ.::::.!j,.Q::,r.:J..' • • ~-~~-~~~--~~~~~- D n ·~. • ' • :s orpomooa '- rtion hereof an: r modification of . lball ~':y.-:.1P.ra1undcr iU remaining in .uits, proceedings, >r liability, u weU ,hich can or may , or proaecutions. ,MC lball not nancc an: set th day of July, 2004 . 2004. .. Gureu, Mayor :Olondo, hereby •CW--nce, .. ,..,. Jy, 2004 . <rS-.sa A. SU• tshia A. EUil :llbll .......... for ol ... Cly °""" Cly oooe,.- :1o 80110 G Appeals is scheduled fo r -.hers at Englewood CMc "1J)licant is ,equesang a Side Semack. This is a Code. Addtlionally, !he plane by 1 foot 3 ir>d>es • 10 Secll0f> 16-6-1 : 3 Bulk ' PU8USHED : JULY 23, 2004 JULY 30, 2004 ENGLEWOOD HERALD # to</2. CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING Nolloe la.._,.-. 11191 lhe City Counoll ol lhe City of Eugl .. aod, Colonldo, ._ eah1III....., a Pullllo HNrtng ........... City Counoll llaallng on AUGUST 11, 2004, al 7:30 p.m. In lhe City Counoll Chanber'8 ol 1!11glawoocl Clvlo c.ne., 1000 E11glNoocl Parkway, ID~ AN ORmlANCe APPROVING APPROVING lite DeNVER IElmWIY PUNeD UNT Dl!VELOPIIEHr (PUD) LOCATE> AT 3401 IOUTH INVBISffY IOULIYARD, IN THE CITY OF ENGLEWOOD, COLORADO IN THE CITY OF ENGLEWOOD, COLORADO • . (COUNCIL RL NO. 40) All "-••Ill ..... """ ....... oplnlona In ,._ ....... '-"llorln ..... lDlleNNMd br lhe City Clark br 1:00 p.a. on AUGUIT 11, 1111M. ........_ wllNng IDapeakallhePuNottaarlng-, cal .. City Clarll'a Olllaa, .. ,.. M07 ID....._..., prwwws Man or a llglHlp .._._lie ........ al lhecloar. ly onllr ol ._ Euglaaoocl City c-.19. Louartalllli A. Ella, lalC CltyClark City ol 1!11glaaood 1000 l!nglawoocl ~ EllglHoocl, Colorado I0110 PUIIUIHE>: JULY~- l!NGLIWOOD Hl!RAL.DJ/110 e<o ......... ..... -....... -_ .. ,,. ___ .. .._ ___ ,,_, _____ .._ 101••~ ....__, ... ~......_ ......... oem -------------~IOI-,. . .......-:. .. .,...,. -1,/at ,... .............. -.................................. ....... °"' __ ,,. ___ ............ _ .. _ .... _.._ ________ _ ..... _ ..... t • • {t C T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: Dean Foreman David Owen Tryba Architects FROM: ~l)ricia Langon, Senior Planner DATE: July 22, 2004 SUBJECT : Denver Seminary Certification of Posting Enclosed is the Certification of Posting required to certify that the Denver Seminary property was posted for the required number of days prior to the public hearing. Please note there are ~ to the form -one page for each posted sign plus a signature page . Certification of Posting instructions are as follows: 1. Use only the provided forms with the green Englewood logo in the upper, right corner . Do not submit copies . 2. Photograph each posted sign on site . The sign should be legible in the photograph and the photograph may be taken at any time during the posting. 3. Attach the appropriate photograph to the appropriate form (the forms are identified as Sign #1, Sign #2 , etc.). 4. On August 16, sign and notarize the last page . This page should not be signed or notarized until the 16111 since it is a certification that the signs were posted through that date . 5. Attach one legal description. 6 . Attac h o ne site plan indicating ea ch sign 's location and number. 7. Br ing th e above material s to th e Public Hearing and submit them to me prior to th e start of th e m eeting. And o f course th e most important item -please post the signs not later than July 31". If you have any questions regarding the Certification of Posting or the actual property posting please ca ll m e at 303 -7 6 2-2348 . I will be out of the office the week of July 26"'. 1000 Englewood Parkway Englewood, Color;100 80110 PHONE 303-762 -2.342 FAX 30)-78).6895 WWW ........ oodio-Ofl f CITY OF ENGLEWOOD, COLORADO CITY PLANNING AND ZONING COMMISSION PROPERTY POSTING INFORMATION CASE NUMBER: 200405 TO BE POSTED BY IYIY~ 1. 2004 Notice is to be posted on premises ll days prior to the Public Hearingeforethe Planning and Zoning Commission . Include & information within the box below: NOTICE OF HEARING (4" red letters) r-(2 " red letters) --i A PUBLIC HEARING will be held before the City Council on August 16, 2004 at 7:30 P. M. in the Council Chambers at 1000 Englewood Parkway, Englewood, Colorado, to consider the change of zoning of this property from MU-R-3-B. Mixed-Use Residential/Limited Office-Retail District to PUD. Planned Unjt Development. The proposed PUD includes 350 for-sale residential units and 65,000 square feet of office/retail space. Anyone interested in this matter may be heard at the Public Hearing at the Englewood City Hall. For information on this f!.lQ request, contact the Department of Community Development at ? 303-762-2342. The posting shall consist of 4 lign(s). The minimum size for each si(VI is twei·two inches by twenty-eight inches (22" x 28"), with black letters not less than one inch (1") In hel t, except as noted . The signs are to be placed on the subject property as indicated on the atta ed site plan . The sign must be attached to its own supports and the bottom of the sign shall be not less than fo ur feet (4') above ground level. • • CITY OF ENGLEWOOD CERTIFICATION OF POSTING AlTACH PHOTOGRAPH HERE CaseNo.~ Sign #1 (See Attached Site Plan) Attached is a photograph of a sign as it is erected on the following described property. Address : 3401 South University Boulevard Legal Description : See Attached · CONTINUED · CITY OF ENGLEWOOD CERTIFICATION OF POSTING ATTACH PHOTOGRAPH HERE • t Case No. _ _.2 ... 00 ........ +9.....,.,s ___ _ .. Sign #2 (See Attached Site Plan) Attached is a photograph of a sign as it is erected on the following described property. Address : ___ __,._3"""40""'1""'S...,o..,.u...,th..:...xV~ni..,_ve,.,r...,si...,tv....,B...,o...,u..,,le .... v ... ar..,.d ___________ _ Legal Description : __ __,S._.e..,.e....,_A.,,.tt..,a...,ch....,e ... d....._ ______________ _ -CONTINUED - CITY OF ENGLEWOOD CERTIFICATION OF POSTING AlTACH PHOTOGRAPH HERE C.ase No. _ _.2,..004;;0.....,_s ___ _ SignU (See Attached Site Plan) Atta c hed is a photograph of a sign as it is erected on the following described property. Add ress : ___ __..3~40.._J"-'"'So..,u...,th.,__..U .... n .... iy,,,..er..,.sj,.,.tv .... B...,o...,u..,le..,v_,_,,ar ... d...._ __________ _ legal Desc ription : __ ___.s ... e ... e~A .... tt_a-cb-e~d~--------------- • • · CONTINUED · CITY OF ENGLEWOOD CERTIFICATION OF POSTING • ' ATTACH PHOTOGRAPH HERE Case No. __ 2 ... 0 ... 0 .... 4-0"""""'5 ___ _ • Sign #4 (See Attached Site Plan) Attached is a ph o to gra ph of a sign as it is erected on the following described property. Address : 3401 South Uniyersjty Boulevard Legal Description: See Attached • • .. .. .. .. ~ . .. .. .. ~ .. . .. .. .. 0 0 0 "' 0 0 .. \, ' ... -. t I hereby certify that the above-described property was posted continuously for a period of _l_S_ days, from !uly 31. 2004 to August 16, 2004 State of Colorado ) Oenver ) ss County of ,•,apaleee ) Subscribed and sworn to before me this J(p-11,.. day of ~..J- Address My commission expires: ------------~ Community Development Departm·t!nt 303 -762-2342 SURVEYED LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 35; THENCE Noo-o5'42"W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 35 A DISTANCE OF 90.01 FEET; THENCE S8e-5T43"W A DISTANCE OF 40.00 FEET TO~~ ~TI-IEAST CORNER OF THE EAST HAMPDEN AVENUE (STATE HIGHWAY 285) RIGHT OF WAY AS DESCRIBED IN BOOK 1159, PAGE 590 AND THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF THE EAST HAMPDEN AVENUE RIGHT OF WAY AS DESCRIBED AT SAID BOOK 1159, PAGE 590 THE FOLLOWIN(1 THREE (3) COURSES; 1) THENCE S89"5T43'W A DISTANCE OF 380.53 FEET; 2) THENCE N8r10'47"W A DISTANCE OF 100.10 FEET; 3) THENCE S89"57'43'W A DISTANCE OF 141.10 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NOO-o4'39"W ALONG THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35 A DISTANCE OF 797.64 FEET TO A POINT ON THE SOUTH LINE OF BLOCK 9, HAMPDEN HILLS SECOND FILING AS FILED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 518857; THENCE S89"48'02•E ALONG THE SOUTH LINE OF SAID BLOCK 9 A DISTANCE 621 .30 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 9; SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY BOULEVARD: THENCE S00-05'42"E ALONG THE WEST RIGHT OF WAY LINE OF SOUTH UNIVERSITY BOULEVARD A DISTANCE OF 800.05 FEET TO THE POINT OF BEGINNING; SAID PARCELCONTAINS497,011 SQUARE FEET, 11 .41 ACRES. MORE OR LESS . summary Denver Seminary is moving Area of change Any change /any development • tradeoffs Application result of months of discussion & work City Developer Neighbors positives & negatives Balance Meets PUD Ordinance District Plan & Site Plan requirements Rezoning worthy of consideration & support Mitigation and Improved traffir •• ~ Mitigation and improved drainage from current si ,,.,,,-/ Lower density than permitted M.i,...~l'fitJ~ Housing options Housing choices For-sale units Transitional structures at perimeter reduced height, bulk plane• Positive economic benefit -as any development would be Quality product Landscape -20 % more than City standards Underground parking Focal point to the City entryway induding entrypOrt artwork Questions Lou, FYI JVC LLC John Forstmann John Wells David Tryba Felsburg Holt & Ullevig (traffic engineers) Jeff Ream Company 39 (shadow study) ( For your consideration Public Hearing Council Bill 40 Denver Seminary Planned Unit Development Application for Rezoning: by JVF, LLC John Forstmann, Manager 1" Reading • July 19 Supporting material included in that packet (not reproduced for this hearing) Submit for the record to Clerk Proof of Publication Englewood Herald July 23, 2004 Certification of Posting of public hearing PUP -Request to Rezone 11.41 acre Denver Seminary site -1 - northwest corner of South University Boulevard and US Highway 285 from MU- R-3-B Mixed-Use Residential/Limited Office-Retail District, to PUD. To permit 350 for-sale residential units 65,000 square feet office/retail space Staff Recommendation Approval with following conditions 1. Dedication of the South University Boulevard continuous right turn lane shall ·be required. 2. Construction of the public improvements as proposed. 3. Prior to recording any Development Restrictions and Covenant documents, the City shall review such documents to assure that the documents are consistent with the PUD . 4. Applicant shall provide two recorded copies of all Development Restrictions and Covenant documents to the City. Staff recommends -amendments to the conditions approved by P&Z following Public Hearing on June 22 & June 29 Amend Condition 1: Dedication of the South University Boulevard continuous right turn lane shall be reqyjred e·t Majer §1leai,1isie11 . This amendment is recommended because land dedication can be accomplished by several processes ; requiring that it be do e through the Major Subdivision process restricts other possible dedication options . Eliminate Condition 5 since the applicant has addressed this issue and the requested definition has been included on Sheet PUD-4 . <· t .· • • Purpose of the Public Hearing Consider Application & Staff report Take Public Testimony Determine application's merits based on PUDl ordinance criteria Current Zoning MU·R·3·B allows -2 - Religious School Park Office Government facility Hospital Residential use Single-unit (80 units) multi-unit size of site allows (40/acre : 40 x 11 .41 • 456) 456 units 60' building height located 15' from north & 25' from west PL Old code As above with Height extension -with increased side setback possible to depends on building location - tallest tower where it is now could be over 220' & taller if in center of site PUD is rezoning process establishes specific zoning and site planning criteria for a specific development proposal that may not be accommodated within the existing zoning regulations . PUD = 2 parts District Plan regulations governing the uses in the new zone district Site Plan general site and development details structures, parking, landscaping, fencing and signage PUD creates a new zone district with its own, unique zoning regulations May be same as ci ty regs -either old or current May differ from city regs Comparison to current city regs is just comparison Not a question of how similar or dissimilar N ot a question of asking for more than current standards Question is: Does what's prqposed work as a unified package for this particular, specific development l t • • Staff Provide background / overview Procedure Address general / Issues / Questions Then Applicant present details of proposal Background Denver Seminary contact Applicant discussions Nbhd Mtg Application Review /Revision/ Outside agency review Final document PZ Public Hearing First reading Site Overview Site 11.41 early 2003 Fall 2003 January 13, 2004 Feb 20, 2004 April & May June 11, 2004 June 22 & 29 July 19 N/W corner S. Univ & E. Hampden (US285) Englewood N & W Cherry Hills Village S & SE Unincorporated Arapahoe County E Intersection H/U New intersection Neighborhoods PUD proposal 350 for sale residential units 45 units 2 & 3 story buildings 305 units 6 mid & high rise buildings 65,000 sf retail office -3 - (PowerPoint) W, N & NE perimeters center of property Gourmet food store, specialty shops, restaurant, corporate offices parking -majority underground • • . - ( Recu -i~g Questions and issues Traffic Change to traffic -traffic impacts Afternoon southbound University traffic may be -longer back ups Dual left turn from SB University to EB Hampden Continuous right turn lane Acceljdecel lane on Hampden -improves traffic flow Building Height Shadow Drainage Parking Use Plan sheet 4 T ownhomes 46' Mid to high 98 to 179 Shadow study done -video animation -applicant Winter = "worst case" shadows cast off site Applicant to address Drainage is directed to storm sewers in University Blvd Improves current condition Returns to pre development/historic drainage Proposal exceeds City minimum standards Bicycle parking also provided Snow storage also provide 456 units allowed by MU-R-#-B . Waterford 113 units could do more units, but max 60 height Fence-Wall Height -4- Construct wall prior to beginning development of the site mitigate noise, dust West 1 O' Kent Village request/negotiations North up to 1 O' Economic impact Seminary tax exempt except sales tax from book store 'Jver 4 year construction use tax & permit fees $3 M Each year after construction $700,000 net annually to general fund No financial assistance or incentives requested ,. ' ' ... .. C ( Summary Denver Seminary is moving Area of change Any change /any development • tradeoffs Application result of months of discussion & work City Developer Neighbors Balance positives & negatives Meets PUD Ordinance District Plan & Site Plan requirements Rezoning worthy of consideration & support Mitigation and Improved traffic . ..~ Mitigation and improved drainage from current si fl"-/ Lower density than permitted Housing options Housing choices For-sale units Transitional structures at perimeter reduced height. bulk plane• Positive economic benefit -as any development would be Quality product Landscape -20 % more than City standards Underground parking Focal point to the City entryway including entryport artwork Questions Lou , FYI JVC LLC John Forstmann John Wells David Tryba Felsburg Holt & Ullevig (traffic engineers) Jeff Ream Company 39 (shadow study) -5 - • t .. •. • • Lou Ellis From: Tricia Langon Sent: Tuesday, August 17, 2004 9:48 AM To: Lou Ellis Subfect: names I know you 'll ask eventually, here's one name that Forstmann mentioned last night Larry Bogdanow Tricia 8/18/2004 Page I of I (. COUNCIL COMMUNICATION Date: Agenda Item: August 16, 2004 Initiated By: JVF, LLC John Forstmann, Manager PO Box 7890 292 Holden Road Avon, Colorado 81620 Subject: Case 2004-05 Denver Seminary Planned Unit Development Public Hearing Staff Source: Tricia Langon, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed Denver Seminary Planned Unit Development (PUD) at first reading on July 19, 2004. Council set the Public Hearing for August 16, 2004. REQUEST The applicant has submitted a Planned Unit Development (PUD) application to rezone the property from MU-R-3-B Mixed-Use Residential/Limited Office-Retail District to Planned Unit Development RECOMMENDED ACTION Staff recommends that Council consider testimony during Public Hearing on the proposed Denver Seminary Planned Unit Development and approve the Planned Unit Development with the following conditions: 1. Dedication of the South University Boulevard continuous right turn lane shall be required. 2. Construction of the public improvements as proposed. 3. Prior to recording any Development Restrictions and Covenant documents, the City shall review such documents to assure that the documents are consistent with the PUD. 4. Applicant shall provide two recorded copies of all Development Restrictions and Covenant documents to the City. t ... ,, : • • BACKGROUND The subject property is an 11 .41-acre site at the northwest corner of South University Boulevard and East Hampden Avenue (US 285). The site has been occupied by the Denver Seminary since 1961 . The Seminary has outgrown the site and plans to relocate to Littleton . Seminary officials have placed the site under contract with the PUD applicant, JVF, LLC. As required by PUD regulations, the applicant presented a preliminary plan at a neighborhood meeting on January 13, 2004. The applicant submitted the formal PUD application on February 20, 2004, under provisions of Title 16 (7 6-4-15: Planned Unit Development (PUD) Zone District) in effect on that date. City departments and divisions conducted an initial review and provided preliminary comments to the applicant. The applicant submitted revised plans on April 21, 2004 based on City comments. The City and outside agencies reviewed the revised plans. The final documents were submitted on June 2, 2004, and are the result of City, other agency and neighborhood comments. The Planning and Zoning Commission considered public testimony from approximately 25 interested parties on June 22 and 29, 2004. The Commission voted to forward the PUD to City Council with a recommendation for approval with the following conditions: 1. Dedication of the South University Boulevard continuous right turn lane shall be by Major Subdivision. 2. Construction of the public improvements as proposed. 3. Prior to recording any Development Restrictions and Covenant documents, the City shall review such documents to assure that the documents are consistent with the PUD. 4. Applicant shall provide two recorded · copies of all Development Restricti0ns and Covenant documents to the City. 5. Clarification of Notes 4 and 7 on Sheet PUD-4 regarding enclosure of private balconies and terraces to provide definition of "enclosure". In the above Recommended Action, Staff has recommended modification of Planning and Zoning Commission's recommendations as follows: Amend Condition 1: Dedication of the South University Boulevard continuous right turn lane shall be regyjred '3·t Majer 51:1'3ijiyisieR. This amendment is recommended because land dedication can be accomplished by several processes; requiring that it be done through the Major Subdivision process restricts other possible dedication options. Eliminate Condition 5 since the applicant has addressed this issue and the requested definition has been included on Sheet PUD-4. t .... .. .. ( • • PUD OVERVIEW The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a particular development proposal that may not be accommodated within existing zoning or development regulations. Under current MU-R-3-B regulations, the site may be developed at a density of 456 residential units and service units or facilities (i.e. commercial uses) for the convenience of tenants are allowed. The proposed Denver Seminary Planned Unit Development is a mixed-use development of residential and commercial uses. Up to 350 for-sale residential units are proposed and include 45 two and three-story, attached townhome style units around the west, north and northeast perimeter of the site. The minimum setback from property line is proposed at 20 feet and maximum height of these units is proposed at 46 feet. Sloped rooflines and bulk plane provisions are provided to minimize the effect of the buildings on adjacent properties. Up to 305 condominium style units are also proposed in six mid-to high-rise buildings located at the interior of the site. Heights of these buildings range from 98 feet to 179 feet. The tallest building is proposed at the site's lowest point to mitigate effects of its height. Surface and underground parking is provided for residents and guests. Up to 65,000 square feet of retail/office space is proposed for the southeast corner of the site. Surface and underground parking is provided. The proposed retail element consists of a gourmet food store, smaller specialty shops and services, and restaurant facilities . FINANCIAL IMPACT It is anticipated that the PUD will generate approximately $3 million in use tax and permit fees over the four year construction phase. At completion of the project (2009) it is anticipated th at the PUD will generate a net $700,000 annually in additional property and sales tax revenues for the City's general fund. The applicant is not requesting financial assistance from the City. PLANNED UNIT DEVELOPMENT CONSIDERATIONS The Denver Seminary Planned Unit Development application was submitted under prov isions 16-4-15 Plann e d Unit Development (PUD) Zone District of the Englewood Municipal Code . When considering the Planned Unit Development application, Council must determine if the proposal meets District Plan and Site Plan criteria as established in the PUD Ordinance. PUD District Plan The District Plan sets forth the zoning regulations for the proposed PUD zone district. Th e PUD Ordinance requires that the District Plan meets the following criteria : .. ' .. ,' • • The PUD District Plan is, or is not., in conformance with the District Plan ( requirements and the Comprehensive Plan . The proposed Denver Seminary PUD is in conformance with the applicable requirements set forth in Section 16-4-15: E 3 e. PUD District Plan . These requirements focus on the general location, arrangement, extent and character of the development proposed in the new zone district. The Comprehensive Plan is the foundation for all municipal planning efforts. Adopted by City Council in 2003, it is the policy guide for decision-making regarding development within the community. It encompasses all aspects of development in the City: physical, social and economic. The PUD District Plan is in conforma,1ce with the following objectives identified in Roadmap Englewood: 2003 Englewood Comprehensive Plan: Housing: Obj. 1-2 "Encourage housing that serves different life-cycle stages." Obj. 1-3 "Encourage housing investments that improve the housing mix, including both smaller and larger unit sizes, and a wider range of housing types, including single-family, duplex, town home and condominium units." Obj . 3-1 "Encourage mixed-use developments that include both housing and business and employment opportunities." Cultural Arts: Obj. 3-3 "Develop and implement art displays along major commercial corridors and city ent1y ports." Business and Employment: Obj. 1-2 "Actively engage in attracting new businesses to the City." Obj. 5-1 "Encourage the development of mixed-use projects in order to achieve a vibrant community." 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate docum'ents concerning the proposed Denver Seminary PUD have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. < (. ( 5. The proposed Denver Seminary PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area, the Plan is consistent with the EDDA approved designs, policies and plans. Not applicable. PUD Site Plan The Site Plan sets forth the site planning and design parameters within which the proposed development will occur. The PUD Ordinance requires that the Site Plan meets the following criteria: 1. The PUD Site Plan is, or is not, in conformance with the District Plan requirements. The proposed Denver Seminary PUD Site Plan is in conformance with the Denver Seminary PUD District Plan. The PUD Site Plan establishes the lot arrangement, orientation, and location, and the building envelopes on the lots. The PUD Site Plan also includes a landscape, signage, fencing, and parking plans. The Plan also identifies common and public areas. 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All required site plan materials have been received and approved. 3. The PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood. The proposed PUD Site Plan is consistent with the development standards set forth in the PUD District Plan. The Development Review Team reviewed the plan and determined that the proposal meets standards established or administered either through Ordinance or by Department policies . Standards for site access, utilities , public right-of-way, and zoning have been meet 4. The PUD Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. The proposed PUD Site Plan is in conformance with all other ordinances, laws and requirements of the City. LIST OF ATTACHMENTS Bill for Ordinance • • C (. ( ORDINANCE NO. SERIES OF 2004 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE APPROVING THE DENVER SEMINARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED AT 3401 SOUTH UNIVERSITY BOULEVARD, IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, NF, LLC owners of the property at 3401 South University Boulevard, Englewood, Colorado, submitted an application to rezone the property from MU-R-3-B Mixed-Use Residential/Limited Office-Retail District to Planned Unit Development (PUD); and WHEREAS, the Denver Seminary property is an 11 .41 acre site with the proposed mixed-use development of residential and commercial uses; and WHEREAS, the Planning and Zoning Commission held Public Hearings on June 22, 2004 and June 29, 2004 and took testimony on the subject property which is currently zoned MU-R-3-B Mixed-Use Residential/Limited Office-Retail District; and WHEREAS, the Planning & Zoning Commission recommended approval of the PUD with the following conditions: 1. Dedication of the South University Blvd. continuous right tum lane shall be by Major Subdivision. 2. Construction of the public improvements as proposed and as a condition of the PUD approval. 3. Prior to recording any Development Restrictions and Covenant documents, the City shall review such documents to assure that the documents are consistent with the PUD. 4 · Applicant shall provide two recorded copies of all Development Restrictions and Covenant documents to the City. S . Clarification of Notes 4 and 7 on Sheet PUD-4 regarding enclosure of private balconies and terraces to ensure future defmition of "enclosure". WHEREAS, all of the requirements have been addressed; and WHEREAS, the Commission recommends approval of this Planned Unit Development; -1- • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The Planned Unit Development, for property located at 3401 South University Boulevard, in the City of Englewood, Colorado, is hereby approved with the conditions noted above. Section 2. Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council bas determined that this Ordinance shall be published by title because of its size. A copy is available in the Office of the Englewood City Clerk. illtroduced, read in full , and passed on first reading on the 191~ day of July, 2004. Published by Title as a Bill for an Ordinance on the 23rd day of July, 2004. Douglas Garrett, Mayor ATTEST: Loucrisbia A . Ellis, City Clerk I, Loucrisbia A , Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copl of a. Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19 day of July, 2004. Loucrishia A . Ellis -2- COUNCIL COMMUNICATION Date : Agenda Item: Subject: August 16, 2004 11 Ci 2004 Private Activity Bond Cap Allocation Initiated By: Staff Source: Community Development Department Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council established goals for enhancing housing options including home ownership in Englewood. RECOMMENDED ACTION Staff recommends that Council adopt the Resolution authorizing assignment of Englewood's 2004 Private Activity Bond (PAB) Cap Allocation to the Colorado Housing and Finance Authority (CHFA) for home ownership programs. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The State of Colorado allocates Private Activity Bond (PAB) Cap to jurisdictions eligible to receive more than one million dollars of PAB. Englewood was allocated $1,306,320 for 2004. Englewood became an entitlement community for an allocation for the first time in 2002. Prior to that, Engle- w ood was eligible to apply to the state for PAB . In 2002 and 2003, Englewood assigned its PAB to the Colorado Housing Finance Authority for home ownership programs. For many years prior to that, Englewood applied 'to the State to assign its share of PAB to the Metro Mayors Caucus mortgage bond program administered by the City of D enver. The City typicall y d oes no t assi gn the PAB until clos e to the State'£ September deadline so that the PAB may be available for an eligi bl e local project. No PAB eli gible projects have been proposed . FINANCIA L IMPACT The Resolu tion assig ns Englewood's entire 2004 PAB , $1 ,306,320, to CHFA for Home Ownershi p programs . If th e Council ta kes no action, th e PAB reverts to th e Colorado Departme nt of Local Af- fairs for assignmen t to el igible state agen cies. LIST OF ATTACHMENTS Reso lution ; • • (. ( RBSOUmONNO. d L SERIES OF 2004 4 RBSOLtrnON AtrrHOIUZINO ASSIGNMENT 10 THI OOLOllADO IIOUIING AND "FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF 1llE CITY OF ENGLEWOOD. ARAPAHOE COUNTY. OOLOU80 191111 COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCAnoN,ACT. WHEREAS, the City of Englewood, Colorado is authorized and empowered under the laws of the State of Colorado to issue revenue bonds for the purpose of providing single-family mortgage loans to low and moderate income persons and families; and WHEREAS, the Internal Revenue Code of 1986, as amended restricts the amount oftax- exempt bonds which may be issued in the State to provide such mortgage loam and for certain other purposes; and WHEREAS, pursuant to the Code, the Colorado Legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Colorado Housing and Finance Authority ("Authority") and other govcmmcntal units in the State, and further providing for the assignment of such allocations from such other govcnuncntal units to the Authority; and WHEREAS, punuant to an allocation under Section 24-32-1706 of the Allocation Act, the City of Englewood, Colorado has an allocation of the 2004 State Ceiling for the illlUIDCC of a specified principal amount of Private Activity Bonds prior to September 1 S, 2004 (the "2004 Allocation''); and WHEREAS, the City of Englewood, Colorado has detcnnincd that the 2004 AlJocatioa, or a ,portion thereof, can be utilized most efficiently by usignina it to the Authority to illue Priva Activity Bonds for the purpose of providing single-family mortpp loans to low and moderate income persons and families; which usipunent ii to be evidenced by mi Anipmem of Allocation between the City of Englewood and the Authority; NOW , TiiEREFORE, BE IT RESOLVED BY TIIE CITY COUNCll. OF TIIE CITY OF ENGLEWOOD , COLORADO, THAT : ~-The assignment tn the Authority for S 1,360,320.00 of the City of EnaJewood, Colorado 's 2004 Allocation shall be and hereby is approved. ~-The form and substance of the Assipment of Allocation are approved; provided, however, that the Englewood City Council is authorized to make such tecbnical varialioas, additions or deletions in or to such Assignment of Allocalion a they lball deem neceamy or appropriate and not inconsistent with the approval thereof by this RCIOlulion. • • ~-The Mayor and the City Clerk for the City of Englewood, Colorado are authoriz.cd to execute and deliver the Assignment of Allocation on bcbalf of the City of Englewood and to bike such other steps or actions as may be necessary, useful or convenient to effect the aforesaid assignment in accordance with the intent of this Resolution. ~. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution . ~-1bis Resolution shall be in full force and effect upon its passage and approval or • otherwise required by the Englewood Home Ruic Charter. ADOPTED AND APPROVED this 16th day of August, 2004. ATIEST: Douglas Omeu, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for thc City of Eqlcwood. Colorado, hereby certify thc above is a true copy of Resolution No.~ Scrica of2004. Loucrishia A . Ellil, City Clerlt (; ( ( COUNCIL COMMUNICATION Date: Agenda Item: Subject August 16, 2004 11 C ii Adoption of the National Incident Management System as Directed by the Dept of Homeland Security Initiated By: Staff Source: Safety Services Chris Olson, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental Coop<;>ration . Similar agreements related to mutual aid with other public safety organizations. RECOMMENDED ACTION Resolution to approve the National Incident Management System as the basis for emergency operations within the City and for inter-agency cooperative response efforts at the nietropolitan, state, and national level. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED ' Englewood has become a vital component and recipient of federal Homeland Security grant funding as a participant in the Urban Area Security Initiative and the state-level North Central region . On February 28, 2003 the President issued a Directive requiring federal, state and local governments to establish a consistent all-hazards emergency management model. The National Incident Management Systems is now the model approved for use. Englewood has successfully used the Incident Management System for years as our model for emergency response . N.I .M.S . is e~sentially the same system, so it will be easily adaptable to our operations. FINANCIAL IMPACT Future federal Homeland Security funding will be based on the adoption of N.1 .M .S. No costs to implement. All tra ining costs for elected and non-elected municipal employees are to be covered by current and future grant funding. LIST OF ATTACHMENTS Pr oposed Resolution t • • RBSOLU110N NO. r; SERIES OF 2004 A RESOLUTION APPllOVINO nm NATIONAL INCDINTMANAOIMBNTSYSTBM (N.1.M.S.) AS THE BASIS FOR EMERGENCY OPERATIONS WITHIN TIIE CITY OF • ENGLEWOOD, COLORADO AND FOR IN'l'l!R.-OOVBRNMENTRAL COOPl!RA'l1VB RESPONSE EFFORTS AT TIIE METROPOLITAN, STATE AND NATIONAL LEVEL. WHEREAS, on February 28, 2003, the President issued Homeland Security Presidential Din:ctive (HSPD) -S, that din:cted the Department of Homeland Security, in cooperation with representatives offederal, state and local government, to develop a National Incident Management System (N.I.M.S.) to provide a consistent approach to the effective management of situations involving natural disasten, man-made disasters, or terrorism; and WHEREAS, the final National Incident Management Systems (N.I.M.S.) was released on March 1, 2004 and is now the model approved for use; and WHEREAS, the N.1.M .S. contains a practice model for the accomplishment of the significant responsibilities associated with prevention, preparedness, response, recovery, and mitigation of all major and national b87.ards situations; and WHEREAS, the Homeland Security Presidential Directive (HSPD)-S requires that state and local governments adopt the N.I.M.S. by fiscal year 200S as a pre-condition to the receipt of federal grants, contracts and activities related to the management and preparedness for certain disaster and hazardous situations; and WHEREAS, the City of Englewood bas become a vital component and recipient ofFederal Homeland Security grant funding as a participant in the Urban Area Security Initiative and the state-level North Central region; and WHEREAS, the City of Englewood bas successfully used the Incident Management System for years as our model for emergency response, N .I.M .S. is essentially the same system so it will be easily adaptable to Englewood's operations; and WHEREAS , the City Council of the City of Englewood, Colorado desires to adopt the N.I .M.S. as required by HSPD-S NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD , COLORADO , THAT : Section I. The City Council of the City of Englewood, Colorado hereby adopts the National Incident Management System dated March I, 2004 ' ,• • • ~-Pursuant to Article V, Section 40, of the Englewood Home Rule Charter, the City Council bas determined that the National Incident Management Sys1an {N.I.M.S.) shall be published by title because of its siu. A copy is available in the Office of the Englewood City Clerlt. ADOPTED AND APPROVED this 16• day of August, 2004. AlTEST: Douglas Garrett, Mayor Loucrisbia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enalewood, Colorado, hereby certify the above is a true copy of Resolution No.__, Series of 2004. Loucriahia A. Ellis, City Clalt e ·• • • I ;,:;,,,-' (·-~-.. I J l ! ... _ _) 4. Roll call Members: ___ absent •· • COUNCIL · MNllng ~ ,.- -·• • • r·-- .. -~~~~~;-~~~-~~ ' •· • •• • • r"1 l,.~ ' - I t~=k --~-~------- ~ ----. ;>3d-7-------- •· • ·• • • --- _____ __.__ -----· ,. --~-- --~ ? --------=~ . .·. . . . •· • . . ·• • • ('°'"'i I \ . Lj {-·---J. .. --... ~-----=-·· • A. J • • -~~---... -____,__ __ _ __ -------- ~~~~~,..-.----/ . -. ----,...~, I . . ---- 1 . -----fl •· • ·• . • • [J "'· .. It d\i« ' ...u, --::------------01. ' .. - ---- ·~ #ti,,~ /,bfj/J ~ I '>'ff),_ fl JYt ! . ~ '· • . ~ ~~~~-~ ' • • ' : . . • • --·• • • r".' \ I I I 1 l ·y /'l.., A4 d\J.~.., J ..to a c • ... ···---/lliili£ -- -· ~A-----~~~~-~~-i ----- --- --- 3/80-~ --~------ ieM ~~ ' .rr-..11,-~ 4t ~ =-- ~~ P~·· • • -I --t . ' --.. • • ·• . • . '~ I 1 t.,J .... . . ---- ' .. . . -----. -=--------!. •· • ·• • • ~----------- -------_....,.... ........ -...-.. ,__---.-------______ ... ________ _ ' ·----------- .., ,• ------------ • • Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. /) ; cf{) 2. Invocation.~ 3. Pledge of Allegiance~ 4. Rollc-,.dU 1? ~ ( 5. Consideration of Minutes of Previous Session. ~ /)--'{). Minutes from the Regular City Council meetin~ of August 2, 2004~ 6 . Recognition of Scheduled i:ublic Comment. (Please limit your presentation to ten minutes.) Fire Battalion Chief Andfi Fox will present a com~endati<>!' IO recent .En~~ood Hi"' School graduate Carolyn Yakhc , and others for their work on a school.[!!'~ al~t · · a~areness of the dange.~ of teen~ drinking and driving. . $ ~ - '~I' • \ t.' ' . 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comme~t ma9 be limited to 45 minutes and if limited shall be continued to ?.~~)· 8 . Communications, Proclamations, and f<ppointments . 'l .... ;~ procla~l'~onJ?ring ~ber as National Alcohol and Drug Addiction Recovery (;Month.~ . ~ •, Please not : If you have a dis.ability and rflNd ~ aids o, seMCes, please "" (3 03-762-2405) at le.1st 48 houn In adv.ance of when seMCes are \ ) . ."' .. . .. ' • • 0 Eng lewood City Council Agenda ~~;~···"~~~ 9. Consent Agenda Items.,-:* 9'ct! o-J a. Approval of Ordinances on First Reading . b . i. Council Bill No. 50 -Recommendation from th Community Development Department to adopt a bill for an ordinance ap roving an Intergovernmental Agreement with the State of Colorado Econo 1c Development Commission for Arapahoe County Enterprise Zone grant fund ' g. STAFF SOURCE: Darren Hollingsworth, Economic Development Co inator. Approval of Ordinances on Second Reading . i. Council Bill No. 37, authorizing an lntergo ernmental ~greement with Arapahoe Coun!'h Commissioners concerning "Ope Space" tax shareback funds . . ii ., Council Bill No. 48, approving an intergo ernmental agreement between the City of Englewood and Arapahoe County for th November 2, 2004 Coordinated Election . (Jldf ,;g}__ iii . Cound Bill 'No. 49, authorizing an agr ment with the Regional Transportation District for CMAQ funding for the Circ lator Shuttle. c. • Res~lutions and Motions. ' . .... .. • • . ·"'· Englewood City Council Agenda A ugust 16 , 2004 Page 3 ii. Recommendation from the Department of Safety Services to adopt a resolution /)~.-~IL approving the National Incident Management System as the basis for emergency ~-operations within the City and for inter-agency cooperative response efforts at the (),{li_etropolitan, state, and national level. STAFF SOURCE: Qri1 Ol1-,9il'eeter ef Safe~~~ 2v 0c/ 12. General Discussion: , M,ym's Choke <E-------_ /f',tiN or /)J (J) tP ,:JJJ~ b. Couacil M=beC, Choke. wrJf J»J.ti'W ~ 13 . City Manager Report. 14. City Attorney Report. 15. Adjournment./L) ; "}J) ~ The following minutes were transmitted to City Council between July 30 and August 12, 2004. • Englewood liquor licensing Authority meeting of July 21, 2004 • Englewood Planning and Zoning Commission meeting of July 13 , 2004 Please note : If you have a disability and need auxilury aids or 5efVkes. please nollfy the City of Englewood (3 03 -7 62-2405) at leas t 48 hours In advance of when 5efVkes are needed. Thank you. t • •