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HomeMy WebLinkAbout2004-12-06 (Regular) Meeting Agenda Packet.I ... •, . .. .. ·• • • .. · ... • .,. • ..... . .. . , ·. ~;. (, .. 4>· .... ... .. . .. ··~ .. ", .. • .. -.·.l · . .... ' . ·',: .• r . , .. l .. Regular City Council Meeting 1)ecember 6, 2004 Ordinance # 65, 66, 67, 68, 69, 70, 71, 72, 73 Resolution II I· 102, 103, 104, 105, 106, 107 '. • 'J · . • . . . . . ··: .. .. •• .. 0 . .. . I-, • ' • • - 0 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 6, 2004 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :37 p .m . 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4 . RoUCaU Present: Absent: A quorum was present. Also present: Council Members Tomasso. Moore, Barrentine, Garrett. Bradshaw, Wolosyn, Woodward None City Manager Sears City Attorney Brotzman Assistant City Manager Flahcny City Clerk Ellis Di=tor Olson, Safety Services Senior Planner Graham. Community Development Manager Dannemiller, Community Development Di=tor Black. Parks and Recreation Di=tor Gryglewicz. Finance and Administrative Services Di=tor Kahm, Public Works Traffic Engineer Vostry, Public Works Planner Voboril , Community Development 5. Consideration or M lnutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 15, JON. Mayo r Garrett asked if there were a ny comments, ques tions or corrections. There were none . Vote results: Aye : Nays: Motion carried . Counc il Members Barrentine , ~oore. Bradshaw, Garrett, Wo losyn. Woodward, Tomasso None 6. Rerocnltlon of Scheduled Pltblk C-- There were no scheduled v 1 11or . /• t . .. .. • • Englewood City Council December 6, 2004 Page 2 7. Recognition of Unscheduled Public Comment ·• • • 0 (a) Al Gordon. 3045 South Acoma Street, said the problem I have tonight is with the Code Enforcement people . My neighbor who works for the City of Englewood, who is a big manager down at the Water Treatment Plant, gets special treatment from Code Enforcement people, because in the City of Englewood you are only allowed to have two dogs . He has five dogs and one cat. Also, according to the City Council, all of your little vehicles and A TV's are supposed to be put on their own cement blocks . He has two vehicles that he drives out of the eight vehicles that he doesn't drive . The reason I know this is wheels are missing on them and they are junkers. He has also done an addition on the back of my other neighbor's house, in the back of the garage. which is illegal. Because, being in construction for over forty years, I know all the codes. Of course, Code Enforcement doesn't . Because, when you do an addition on your garage, the law states that you must be six feet away from the alley. He didn't, he got it closer. And then, he enclosed the inside of it and he didn't even do that properly. but according to Code Enforcement, they said it is only temporary and we aren't going to do anything about it. Then he puts up a big tent and that is okay too. But, if my weeds get over eight inches they arc on me like white on rice. Why? ... bccause I don't work for the City of Englewood and he docs. And because I bring this up to him and say that some of your people at Code Enforcement arc showing favoritism to this guy, they don't like the way that I speak. Well, you know, it gets really kind of boring when I am watching out for this neighborhood, watching out and making sure that the kids that hang around at 3 o'clock in the morning, who almost tried to break into Ray's place and he doesn't even know that yet. I stopped them. But, I shouldn't do that according to Code Enforcement, because I don 't work for the City of Englewood. I am so fed up with Code Enforcement ... and then they were told not to give my name out, and guess what they did ... they gave my name out. Docs anybody see anything wrong with this going on, besides me? Maybe it is just because I've only lived here since 1970 and I talk funny , and they don't understand me . I don't know, but to me, showing somebody who works for the City of Englewood and knows all these codes and you don't do nothing about it . And yet, this one lady that I did a job for, she got fined $600.00, because she didn't pull a permit for enclosing her patio. But, Mr. Burton on the other hand, doesn't get fined anything. He just says, oh, it is only temporary . We arc going to come back later and take it out. Then they call him and tell him we are going to come over on Monday ... which was today ... at 11 o 'clock, so he spent all weekend moving all these vehicles so I look like a fool. But, Code Enforcement doesn't believe me. But. Mr. Larry Medina came over and saw this one dog that he had and he has been known to bite people and the dog runs up and down the alley without a leash. but if it was my dog ... you know, geesh ... Code Enforcement would be on me like white on rice. But because it is Mr. Burton 's dog. who works for the City of Englewood, we just let it go because we don't have to do nothing because he 's our friend and he has lived here all his life. Do we see anything wrong with what Code Enforcement is doing here ? If anybody came over and looked at the way that they enclosed this patio ... being in construction ... but you know I don 't know, I've only done it for forty something years ... it is totally illegal . Because I know on every corner you must put a 4 by 4 post and when you put it on concrete, you must use water treated 2x4s, which arc pressured treated and they arc green and shot down . Mr. Burton didn't do this, but Code Enforcement said. don't worry about it . it is okay. But if I just blow my leaves out in the stteet by accident, they arc down telling me. you can't do that. Do we see any favoritism here? I'm really sorry that I never worked for the City of Englewood because I could get away with murder. I don't live next to a junk yard. but I do now . And any one of you could come down and see thi s. His son wlio is 29 years old was living in the garage. but no one wants to come and find o ut why he has this electrical cord running from the house that is vacant to the garage to give him heat. Or. why the hose fr o m the front yard runs all the way down into the garage to give him water. And. smoke comes out of the stack. so he probably doesn 't live there because when Code Enforcement comes over. they said. is your son living over there in that garage and they said. no he is living upstairs in the basement . That is like saying. gcC"dO you own a shotgun. no . I don't. Mayor Garrell said Mr. Gordon thank you very much . (bl Marlene McKinney said I live in Oregon, but the house I'm talking about is 2996 South Elati . II 1s a corne r lot and I had always planned 10 build a duplex there . She said I may need some help. I'm nervous. Mar y Sue Tate sai d I live in Centenn ia l and I have known Marlene for a long time . She said this year the zoning changed and the lot is 50 by 125 and when Marlene called zoning. she got a couple of different answers ... yes. we cou ld build a duplex and then sccondly ... no. because the zoning changed and you need 10 l110fe feet . But, if you would sec the house on that lot . you would love to have a new duplex there, I am sure. for the City of Englewood . So. this 1s her next step. What does she do to maybe change the zoning on thi s panicular lot , so that now that she i ' • • ..... • EocJewood City CouncU December 6, 2004 Pagel (J in a position to build this duplex, she can go ahead and do it. Is there anyway to get that done? What is the step that she takes? Mayor Garrett said Lauri Danncmiller is right over here and Lauri will be glad to discuss with you the different options you may have. Manager Dannemiller said the requirement is actually a change in the UDC, as she stated, to require 60 feet of frontage as opposed to 50 feet of frontage, which was decided by Counci I in the change of the UDC last year. It is not an item that can be brought to Board of Adjustment and Appeals. so I think her actual request is to see if Council would like to reevaluate the issue, because it was specifically noted in the UDC that area and frontage cannot be appealed to the Board of Appeals. Ms. Tate said this property sits on a comer, so there wouldn't be anything on one side because it sits on the comer of Elati and Cornell. We have a picture here that we can pass around. That house would be scraped off and then a new duplex in its place. Mayor Garrell said you brought it to us, so now we will turn it back to staff to take a look at the situation and r.-.ake a recommendation to Council. Ms. Tate said how arc we going to find that out then? Mayor Garrett said as long as the Clerk has your contact information, we will be glad to do that. Ms. Tate said okay, thank you. Mayor Garrett said thank you very much . He said Ms. McKinney, you did fine . (c) Greg Kainer, 4443 South Acoma, said I come here tonight to praise you folks. I know we don't agree on everything but you guys. coming to the cloie of the year, have been patient and diligent with all the wock, because I have been down here numerous times and watched you wock through procesaes and hats off to you. I wanted to wish you guys a Merry Christmas and a Happy Holiday. Council Member Bradshaw said thank you Greg. 8. Communications, Produmtiolll ud Appolaa-nu (a) A letter from Jonathan Crowell indicating his resignation from the Code Enforcement Advisory Commiuee was considered. Council Member Barrentine said I want to make a comment about what an excellent job I think that he has done . He has been Chair. He and his wife, unfortunately, lost a child last year and she just gave birth three months ago and the baby is extremely healthy and happy and they want nothing more than to have a lot more . So, they bought a big house. but unfortunately it is just on the other side . They are in Denver and it brote their heart. but quite honestly their passion lies in just enjoying their family right now. He will be missed. He did a very excellent job. COUNCIL MEMBER BARRENTINE MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JONATHAN CROWELL FROM THE CODE ENFORCEMENT ADVISORY COMMITTEE. Ayes: Nays: Motion carried . 9 . ComeatAlftlda Council Members Barrentine, Moore. Bnidshaw, Garren. Wolosyn, Woodward, Tomasso None (a) Approval o f Ordinances on First Reading Ther~ were no addiuonal ilems submined for approval on finl readina -(See A,enda liem 11 .) • • Englewood City Council December 6, 2004 Page4 (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 11 .) 10. PubUc Hearina Items No public hearing was scheduled before Council. 11. Ordinances, Resolution and Motiom (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented a recommendation from the Community Development Department to adopt a bill for an ordinance approving the Automotive Sales and Rental Uses in the MU-8-2 Zone District. He said the bills before you tonight are the work product of the Planning Commission and the Auto Use Committee. The first bill went through the Planning Commission with some amendments and received approval and a recommendation for approval by Council. The second bill was the work that continued by the Comminee after the Planning Commission meeting that includes some simplifications and some consolidations of the requirements and the Staff Report focuses primarily on that Version Two. The Version Two is fairly straight forward . It applies to new automobile dealerships in that zone district and raises the standards for what kinds of issues they would need to address before establishing in the rone district. The primary changes relate to the implementation schedule, which provides that businesses that were in business after January I, 1995 and had not been in business for five years before they apply for a limited use permit, would have some exemption from the frontage requirement. Other businesses. if they existed as an auto business prior to January I, 1995, would be subject to all of the requirements. There is a list of the requirements where the staff also modified some of the language as you can see in the strike out and underlined version of the ordinance and we hope that that simplifies the requirements IS well. The other request with this Council Communication tonight is that we schedule a Public Hearing for December 20"' where the public would be allowed to provide comment on the ordinance. Mayor Garrell said are there any questions for Mr. Graham. Mayor Garrett said I would like to sort of supplement what he said. What the Commillee did was add two new provisions to the limited use, which is lot frontage and building requirements and then modified on how we then implemented those two particular new sections. Otherwise, there were only editorial comments as far IS tweaking the language in the first ten provisions. Mr. Graham said the site plan item was eliminated from the first to the second version. Council Member Brad haw said and did we have an implementation period before? Mr. Graham said the impl ementati o n in the first version is in the boxed text and I think what we realized on that was it addressed a period that we hadn't intended to address which was .. it seemed to exempt businesses from zero to five years when in fact there is an understanding that the Committee will continue to meet and address that issue in the fututt. You look quizzical so lei me expand on that. Mayor Garrett said from my perspective. and it is from my perspective. that what we are trying to do is compare whar we did versus whar is current law. There was an interim step that I think had several things that maybe were flawed . Curren! law has a limited use provision. So. if somebody has a change in use, they must comply with the hmned use prov, ions currcnrl y . That is the way it is set up. So what we did. wu add two additional provisionl for car dealership that haven'! ever been in place or had been dart for some time. which is the lot requimnclll. which is 7 5 feet .which was not ,n current law and a buildina code brinaina thinp up to Buildina Code requirements. which was not in current law. That is what the Comminee wu atternptina to do ... is to raise the bar for busillCSICI comina in thar-were new. ' • • Englewood City Council December 6, 2004 Pages • • • 0 Mr . Graham said there is support in the Broadway Plan for increasing the frontages of businesses to increase the circulation along Broadway and the pedestrian friendliness of the street and there is support for, as we understand it from the Council , to have the buildings either brought up to Code or eliminated, rather than boarded up when they arc used in conjunction with this use . Council Member Bradshaw said zero to five years, could you just go through that one more time? Mr . Graham said under the original ordinance, the second column was zero to five years since the auto sale or rental use on the same property ... there were no requirements for those businesses. Under the second version, the implementation language is under B . Implementation Periods for Automobile Sales or Rental Use Specific Standards. There arc only two things in that implementation, (I) is if the usc occurred prior to January I , 1995 then they arc subject to all of the requirements of the ordinance and provision (2) was if they were licensed by the State after January I, 1995, but have been dark for the five years prior to applying for the limited use provision, they arc subject to everything except for the lot frontage requirement. Ms . B~adshaw said thank you Mark . Council Member Woodward said in number 2 it says ... has not been licensed to operate an automotive sales or rental use for the fi vc year period prior to the date of application for limited use . Does this mean for any time within that five year period or for the whole five year period? Mr . Graham said it means for any ti""' within tlw live year period and the reason for attaching the requirements for a dealership from the Department of Revenue web site was to give the Council some idea of the requirements that that entails. That basically they have to be open, once licensed , for 12 hours a week as a minimum, they have to post signage and so forth in order to maintain a license so that for the period they arc open they had to meet these requirements . Mr. Woodward said thank you. Council Member Woodward said back in A 12. Buildings, it states in that second line at the end there ... new or existing buildings shall be brought up to the current specific codes adopted by the City ... and that means all buildings on the property whether they are going to be utilized for that business or not. So either they arc going to be brought up to Code or removed? Mr. Graham said yes, that is my interpretation of it as well. Mr . Woodward said okay. And the last item I have is under B No . l...ifan auto usc has not Cltis1ed ... au10 USC, I don't find defined anywhere wi1hin 1he tcltt here. I guess I am proposing that it should state ... auto sales or rental use ... like the rest of the document. Mr. Graham said yes. I think that is correct that it should have said automotive sales or rental usc , as that is clearly the intent. Council Member Bradshaw said so that needs to be changed? Mayor Garren said yes, we will make that a change. Mayor Garrett said arc there any other questions for Mr. Graham. Counci l Member Bradshaw said what is the difference? You sent us a report from 1997 ... the property differences in the number of auto use s on Broadway from 1997 to today ? She said could you just summarize that for the record? Mr. Graham sai d really there were just a couple of take-home messages there . One was there were only two fewer a uto dealers in 1997 . However. the turnover among the dealerships amounted to about a third of all the dealers had changed names or addresses or loca1i ons during that period . So I think what you could glean from that is that there is a fair amouni of apparent turnover of auto dealerships on the street. but you will find them mostly on the same lot s w1th different addresses. a couple of numbers one way or the another. It looks like they took a new address to not be confused with the previous dealership. Ms. Bradshaw said okay. that was confusing . Mr . Graham said there were no matches with those dealers between the address lists, so there is goina to be some art to the administration of an ordinance that tries to determine whether they were there in 1995, because frequently they take new,'.lddrcsscs even when they go on the same property. Ms . Bradshaw said well if our survey only goes back to 1997, is what I am sayi ng , we knew exactl y what was there . Did we ? Mr . Graham said in conjunction with the 1997 Broadway Plan, we had inve ntoried a number of uses including automobile sales and rental uses . Ms . Bradshaw said and that i an acc urate number? Mr . Graham said tha1 was based on a ground survey in 1997 . M . Bradshaw said so prior to 1997 we have no knowledge , so someone could say 1995 and we have no record . Mr . Graham said the City docs noc have a rec ord and I believe what we arc relying on here is for 1he •pplicalll to provide a document from the Stale Department o f Revenue howmg that 1hey had been licensed as an automobile dealer . M . Bradshaw said okay, and 1hanl: you Mark . ' .. • • Enalewood Clay Council December 6, 2004 Pagc6 Mayor Garrett said arc there any more questions for Mr . Graham. There were none. a 0 COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. 44 WITH ONE AMENDMENT· 3 (b) (1) "IF AN AIRQ 11SE AUTOMOTIVE SALES AND RENTAL USE HAS NOT EXISTED SINCE JANUARY 1, 1995 ... " AND TO SET THE PUBLIC HEARING FOR DECEMBER 20, 2004. COUNCIL BILL NO . 44. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 2, SUBSECTION C(3) (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO STANDARDS FOR AUTOMOTIVE SALES , RENTAL, STORAGE, PARKING USES AND, ADDING A NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERIODS. Mayor Garrett asked if there were any commcnlS, questions or discussion . Council Member Bradshaw said I would like to sec the date changed, as a proposal for Council Bill, in 3 (b) 1 and this is a proposal so you guys decide what you want to do ... if an auto use has not existed since January 1, 2000 . She said and I would like that also to be in 2. Is that the correct place, Dan? City Attorney Brotzman said yes, you would need to modify both. Ms . Bradshaw said to modify both to say 2000 rather than 1995 . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND THE JANUARY I, 1995 DATE IN PARAGRAPHS 3 (b) (I) AND 3 (b) (2) TO READ JANUARY I, 2000. Council Member Wolosyn said I am not going to vote for this, although I can agree with it and sec the value, there has been a lot of discussion in good faith that I would like to sec go forward in the future to deal with the existing and upgrade things on a more macro level. Mayor Garren said also because the Committee put a lot of time and energy into trying to come up with a compromise . The purpose of the Committee was to create a dialogue and compromise and try to come up with something that is workable. And, I think the 1995 date is a workable solution for what I call the enhanced requirements that were put in for the auto dealers . Council Member Barrentine said I will also be voting against it, because of the integrity of the Committee. They put upon themselves voluntarily, in the spirit of cooperation and community. to hold themselves to a higher standard than what we were expecting and that deserves some compromise and some consideration for the work that has been done and for what they were willing to give up . In whole, I disagree that this was necessary . I believe that we have unfairly targeted an industry in this community. The 1997 Broadway Plan extolled the virtues of having car dealers in this community and for the long period that they have been here and part of this community and contributed financially as well . But. they came to the table, they agreed to hold themselves to a higher standard in exchange for so me consideration and I am not going to take that consideration away from them at this point. Mayor Garrett asked if there were any other comments . There were none . Vote results: Motion defeated . Ayes : Nays : Council Members Bradshaw . Woodward , Tomasso Council Members Barrentine. Moore, Ganen. Wolosyn. Mayor Garrett said now we go back 10 the original bill which is Council Bill No . 44., which is on the table . Mayor Garrett asked if there was any discussion . Co uncil Member Bradshaw said I will be voting for it. for purposes of discussion at the Public Hearing . ' .... • • 0 Englewood City Council December 6, 2004 Page7 Vote results: 0 Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None Motion carried. (ii) Director Black presented a recommendation from the Parks and Recreation Department to adopt a bill for an ordinance authorizing an "Exchange of Permanent Easements" between Diana & Leigh Bray and the City of Englewood located at 620 East Bates and Bates Logan Park along the City Ditch. He said as we discussed in the Council Study Session, I think this ordinance is a benefit, not only to Mr. and Mrs. Bray but also a benefit to the City of Englewood. We were able to maintain access to the City Ditch. We were able to maintain some additional turf in the park and we were able to maintain some of the trees that were currently located in Bates Logan Park. Mayor Garrett said arc there any questions for Mr. Black. There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii)· COUNCIL BILL NO. 31. Mayor Garrett asked if there was any discussion. There was none . COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN "EXCHANGE OF PERMANENT EASEMENTS" BETWEEN DIANA & LEIGH BRAY AND THE CITY OF ENGLEWOOD, COLORADO IN THE VICINITY OF BATES LOGAN PARK AND THE CITY DITCH. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None (iii) Director Gryglcwicz presented a recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance rescinding the previous intergovernmental agreement and authorizing an amended intergovernmental agreement with the Arapahoe County Commissioners pertaining to the Arapahoe County Open Space Tax Sharcback Funds. This bill for an ordinance rescinds the previous intergovernmental agreement that was passed on final reading August 16"' of this year and passes a new amended intergovernmental agreement with the Board of County Commissioners, County of Arapahoe, regarding the Open Space Tax, which was approved by the voters November 4, 2003. The only change from the original agreement is the collection and remittance of Building Use Tax of a quarter percent. And to clarify, that is collected by the City and remitted monthly to the County and the funds from this arc remitted to the City annually. I believe our first distribution will be the 17"' of December. Mayor Garrett said arc there any questions for Mr. Gryglewicz? Council Member Brads haw said so we remit it to them monthly and they keep it for 12 months and then give it back to us? Mr. Gryglewicz said yes . Mayor Garrett said in fairness it is only 11 months. Ms . Bradshaw said I know, well I think the original agreement was that that would happen maybe the first year. Mr. Gryglewicz said I believe the distributions will be in June in the coming years ... only December this first year, that is my understanding. Ms . Bradshaw said but not quarterly? Mr. Gryglewicz said not quarterly. no. Mayor Garrett said are there any other questions for Mr. Gryglewicz. There were none. Mayor Garrett thanked Mr. Gryglewicz. t ... .. • • Enpewood City Council December 6, 2004 Pages COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (W) • COUNCIL BILL NO. 63. COUNCIL BILL NO . 63, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE RESCINDING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE AND AUTHORJZING AN AMENDED INTERGOVERNMENTAL AGREEMENT PERTAINING TO "OPEN SPACE" TAX SHAREBACK FUNDS. Mayor Garrett asked if there was any discussion . There was none. Vote resuhs: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None (iv) Director Kahm presented a =mmendation from the Public Works Department to adopt a bill for an ordinance to approve an agreement with General Electric Capital Business Asset Funding Corporation regarding the land lease with Rocky Mountain MOB, LLC . He said in the 2002/2003 area, the City sold to Development Solutions the old City Hall site for the development of a medical facility . Later, Development Solutions turned that over to Rocky Mountain MOB, LLC . In 2003 MOB, LLC Rocky Mountain came to the City and asked to lease the property nonh of the new Englewood Parkway that wu actually abandoned Girard alignment and Girard right-of-way. Now that the project is complete, General Electric Capital Business Asset Funding will be providing the permanent financing and their loan is to be secured in put by the rights, title and interest under that lease. The lender is requesting an agreement with the City that provides them righta and notification in case of default, foreclosure or lease termination. Mayor Garrett said are there any questions for Mr. Kahm? There wero none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv)· COUNCIL BILL NO. 66. COUNCIL BILL NO . 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION AND THE CITY OF ENGLEWOOD, COLORADO REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN MOB , LLC . Mayor Garren said is there any discussion . There was none. Vote results: Motion carried . (b) Ayes : Council Members Barrentine, Moon:, Bradshaw , Garrett, Wolosyn, Woodward , Tomasso Nays : None Approval of Ordinances on Second Reading There were no items ubmincd for approval on second reading. (c) Resolutions and Motions (i) Planner Voboril prclCllled I recommendalion from the Public Works Depm-and Community Development Department to adopt I resolution approvina the Maller Bicycle Plan and auocialed .. . . t . .. • • Englewood City Council December 6, 2004 Page9 • • [J adde ndum to Roadmap Englewood : 2003 Englewood Co mprehensive Plan. He said tonight, on behalf of the Public Works and C o mmunity Development Departments, I res pectfully submit the final version of the Master Bic ycle Plan Document and the Master Bicycle Plan Addendum to the Comprehensive Plan, to City C o uncil, with a recommendation for approval and adoption by resolution. The Master Bicycle Plan is intended to serve as a vi sion of a comprehensive bi c ycle route and trail s ystem that looks out into the future, over the next twenty years. The Master Bicycle Plan presents a complete set o f projects that can be implemented to achieve the twenty year vision . The Master Bicycle Plan is designed to be a flexible document. .. meaning that slight changes c an be made to panicular projects in the des ign phase if necessary. And finally the Master Bicycle Plan addendum to the Comprehensive Plan serves as a reader's digest version of the full blown document. The Master Bicycle Plan was reviewed by the Englewood Transponation Advisory Committee, as well as the Englewood Parks and Recreation Commission. A Public Hearing was held by the Englewood Planning and Zoning Commission on the Master Bicycle Plan. The Commission found that the Plan is consistent with the goals and objectives of the Comprehens ive Plan and the Commission approved a motion to forward the Master Bicycle Plan on to Council with a recommendation for adoption and approval. At this time I would like to acknowledge some of the people who worked on the Master Bicycle Plan. The lead staff person for the Master Bicycle Plan representing Public Works was Wendy Weiman. During the last couple of months Wendy Weiman has resigned from the City. Just prior to Wendy leaving the City, Wendy's boss the former Public Works Director Ken Ross also res igned from the City. In light of the staff changes, it was very important to take the Master Bicycle Plan back to the new leadership in Public Works in order to make sure that we have their support for this Plan, before we brought it back to Council . And so. we submitted the Master Bicycle Plan to the new Public Works Director Rick Kahm for his approval and to allow him to study the document. He and his staff reviewed thi s document and they came back to us and indicated that the Public Works Depanment gives full support to this Master Bicycle Plan and that there is no reason why the Plan cannot be forwarded to City Council for approval. In light of thi s , Ri ck Kahm appointed Ladd Vos try to replace Wend y Wieman as the lead staff person for Public Works on thi s project. Ladd Vostry is here in the audience tonight. He said I would just like to now briefly go over the methodology that we used for developing the Master Bicycle Plan. First off, we started off by identifying what we have today ... the existing bicycle routes that we have, the exi sting trails we have, as well as any planned trail improvements that arc already in the pipeline. We use that as a base to start from, whi c h then we could fill in the missing gaps in the system. Looking for the missing gaps, we identified so me new routes that will compliment the existing route. We looked, specifically, at regional routes in nei ghboring cities so that we connect into those .. .in Denver, Littleton and Cherry Hills Village. We also looked at identifying local destinatio ns that we felt that bicyclists would like to travel to in the community and that is including Englewood Civic Ccnter/CityCcntcr Englewood. Downtown Broadway, Light Rail Stations, Schools, Park s and Recreational Facilities . We also identified new strategic trail connections. They arc also identified in the Comprehens ive Plan, including a pedestrian bridge that would link Civic Center with the Sports Authority across U.S . Hi g hway 285 , as well as a pedestrian tunnel that wo uld tunnel under Santa Fe and link Civic Center with the South Platte Ri ver. We al so identified another strategic connection ... the GIW Trail that wo uld be a potential trail th at would connect C ivic Center with the GIW property . He said and then finally we also looked at bic ycl e amenity improveme nt s that we could implement th roughout the community. That would include the fo llo w ing : the production of bicycle routes a nd trai l maps that could be di stributed th rougho ut the comm1f11 ity; vi deo detection at signa lized int ersections; the ide ntifi cat ion o f b icycle parking distric ts inc lud ing the Broad way Corridor. Swedish, Craig Medical Cente r. Ci t yCent cr, indus tr ial area south o f U .S .2 85, and Englewood parks . W e a lso looked at the establis hme nt o f a bi cycle ai r stati on at C ivic Center and al so pedestri an light crossi ng ti mers at vario us intersecti ons with U.S . 285 and Sant a Fe Drive . And no w, in conclusion, I would like to conclude with 3 key points that support adoption of the Master Bicycl e Plan as a supporting document to the Co mprehensi ve Pl a n. I ) The Master Bicycle P lan adequa te ly confo rms to the polic y direc ti o ns e xpressed in the tra nsportation goals and objecti ves of the Compre he nsive Plan . T rans portation Obj ectives that arc implemented by thi s Plan include the following : Objecti ve 1-1. e mph asize capaci ty improvements to bic ycl e modes o f trans portation. Objective 1-4 , maximize trave l mode choice o p portuniti es . Objecti ve 2-3, improve a ir qualit y a nd reduce fo ssil fuel usage . Objective 2-4 , increase aware ness of bicycle safet y issue s, Objective 4 -1, Create continuous non-motorized connectio ns , Objective 4-2. improve b icycle fa ci lit ies a nd infrastructure and Objecti ve 4-5 , achieve community integratio n through the design of a fu ll transportati on net work. 2) The Master Bicyc le Pl a n is s upportive of polic y d irections stated in other sectio ns o f the Comprehc n ivc Pl a n . Parks and Open Space Objectives 4 -5 , 5-1. 5-2. 5-3. call fo r new tra il s as a s ignificant part of open s pace pl ann ing, as well as provision o f connec tio ns between key recreational lands and fac ilities. Business a nd Employment Objective 3-4, call s fo r grea ter bicycle orientatio n within and between commerc ial d1 tnct . reside nt ial areas. and other communities . Envi ronmental Quality Objective 5-1. call s for the promoc ion of environment a ll y-frie nd ly a lt ernat ives to the a u1omobilcs, inc luding bicycling, and fina ll y,MctroVision 2020 ' .. .. • • Enalewood City Councll December 6, 2004 PqetO Regional Cooperation Objectives 2-5, 2-8, recognize the importance of bicycle planning in the local comprehensive plans and call for the enhancement of the attractiveness and convenience of non-motorized modes in serving non- recreational travel. 3) The Masler Bicycle Plan is reasonably complcle and comprehensive. The Masier Bicycle Plan addresses both the on-street bicycle roule syslem, as well as the off-street bicycle trail syslem. The Plan identifies key missing links and tries to fill in those gaps and finally the Masler Bicycle Plan addresses bicycle amenity improvements throughout the community. Mr . Voboril said this concludes my presentation on the Master Bicycle Plan and now I would like to cxlend an invitation to Council to discuss and comment on the Plan. Mayor Garrett said arc there any questions for Mr. Voboril . There were none. Council Member Bradshaw said well done John. The South Suburban Park Foundation gave us a $25,000.00 grant, what is the progress on that'/ Lauri Dannemillcr said Mark Graham has been working with Swedish and Bob Scams to develop that Plan and to cxlend upon that $25,000.00 to look to Arapahoe County for some additional grant funding and other sources to utilize that money . Ms. Bradshaw said for a fitness trail? Ms. Dannemillcr said that is the initial thought. I think we arc going to look at also doing some cxiensivc signagc improvements in that area to add to the fitness clement. Ms . Bradshaw said good, thank you . Mayor Garrett said arc there any other questions? There were none. COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 101, SERIES OF 2004. Mayor Garrett said is there any discussion . There was none . RESOLUTION NO . IOI, SERIES OF2004 A RESOLUTION ADOPTING THE CITY OF ENGLEWOOD MASTER BICYCLE PLAN AS AN ADDENDUM TO ROADMAP ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE PLAN. Vote results: Ayes : Nays : Motion carried. 12 . General Discussion (a) Mayor's C hoice Council Members Barrentine, Moore, Bradshaw, Garrett, Wol06yn, Woodward, Tomasso None Mayor Garre n d id not have any mailers to bring before Council. (b) Council Members' Choice (i) Council Member Barrentine : I . She said I have had a couple of complaints over the past few weeks about our inoperable vehicle ordinance and I have a couple of copies where some additional information has been written on there and so I am aoing to be taking th at to Code Enforcement first , to sec what the Board's opinion is. But. just to pvc you a heads up , the issue i coming up agai n and I want to sec whether they don 't think it is aood enouati ... whelber the lan,uaae isn't enough to ex pl ai n 11 . whether people arc having more questions. But there is c:oncem, so I'm going to be takina it and we will take it up at the Board meet ing and then I will bring it back and iell you whu is happening from there. 2 . She said I want to say thank you very much to Chris Olson and the Police Departmelll for Ibis horrendous last wee k tha1 you guys ha ve been through and. as mual , al lcaat for the litde o_. a year lhll I have been on C ity ' .. • • 0 EncJewood City Council December 6, 2004 Pqell Council, you handled yourselves with the professionalism and honor that I think this community deserves and I am very proud, once again, of how everything has been handled. I am saddened that it is necessary and it seems to come in little bunches for you, but I am very proud of the way you guys handled it, thank you . 3. She said I wanted to also extend to Mary White, our Deputy City Clerk, who is still ill and undergoing treatment that she is certainly in my thoughts and prayers. We miss her very muc on the Liquor Licensing Board, as well as in the City. I hope she has a speedy recovery and can come back to us soon. (ii) Council Member Bradshaw said right before Thanksgiving, on my street, we had a water main break, but it hadn't broken where they thought it was bubbling up, it broke up further . The street crew did a phenomenal job and I just want you to convey that to your staff Rick, because it was a mess and they handled it very, very well. So, thank you. (iii) Council Member Tomasso: I . He said I would like to announce that Olde Town Englewood is having a Holiday Festival this Satwday starting at 2 o'clock. They are going to have two Santas ... an American Santa and a Finnish Santa. They are going to have musicians strolling around playing guitars. There will be guitar music and acoustic music. So, that is happening Saturday. This is the preview of the inscn for Friday's paper. It will be in both papers for the zip codes of this area, so that our citizens will know about it. 2. He said there is a Hyer that Olga has on an auto show this summer on the 23n1 of July and that if the City can add some assistance to help the merchants along, that would be great. (iv) Council Member Woodward: 1. He said a couple of weeks ago I did a ride-along with Officer Mike O'Connor on a Friday evening for a IO hour shift. At the end of that shift, although I was told that it wasn't a really busy night, I certainly had more of an appreciation for the stress that our police officers, probably all police officers, experience through every shift. I second what Lauren says about what a great job you have done especially over the past week and a half/two weeks with all the things that have gone on. 2. He said also with Safety Services I want to thank Gary Condreay and Jeff Sanchez for getting the answers on the questions that came up regarding cats and his research and meeting with the citizen and taking care of the problem. I was told by this individual that we were all getting a call so I am sure that everybody knows what I am talking about with regard to that . 3. He said also thanks 10 Jeff Sanchez and Marilyn Lamb for taking care of a problem of abandoned trash and furniture at a house on South Pennsylvania in the 3900 block. Marilyn had to get in touch with an out of town mongage company. during Thanksgiving, to get that cleaned up and by the following week , Monday or Tuesday of the following week, it was taken care of. 4 . He said and finally I want to express my condolences 10 the family of Christopher Sewell who was killed yes terday in a crash of a car from an alleged bank robber corning out of Englewood . (v) Council Member Wolosyn : 1. She said on Saturday we had the annual Holiday Lighting/Englewood Shines. As always, staff did a great JOb . There were quite a few children here lo greet Santa Claus and some stayed around to help us lipl the tree. 2. She said the Holiday Fair over at the Recreation Center. for the second year in a row. the Cultural Ans Commi sion and Englewood Ans panicipatcd. We sold some work and all that money goes into proaramming ... all the proceed that we made. 3. She said this thing about the mcrchanls of Olde Town. throu,h Ted's they are working with ACE. so I think that 11 i better 10 keep any discussion of contribution coming out throup the Commission. Mr. Tomasso said ' .... ..• .... • • Englewood City CouncU December 6, 2004 Page 12 I J ~t thought we could assist. She said I think it is great for us to hear about it, but I think we will be hearing about it more through that venue . • •••• Council Member Woodward said I want to say how great CityCcntcr looks with the tree and all the lights. If you haven't seen it, it is quite spectacular. Rick, you and your crew did a great job. Thank you. 13 . City Manapr'1 Report (a} City Manager Sears said I want to say thanks to the Council for Cllprcssing your appreciation to the hard working people that we have uound here. We do pass that information on and I know that our employees do appreciate it. He said I also want to second the comments about Safety Services ... people have, really.just been very responsi ve. (b) City Manager Sears said Mr. Gordon wu here earlier. I just want the Council to know that this is being dealt with . We will deal with this on a fair buis. Sergeant Condreay and Jeff Sanchez arc involved with this and we will go through this in detail and provide information to the City Council . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council . 15 . Adjournment .,.,a., ...... MOVED TO ADJOURN. The meeting adjourned at 8:30 p.m. • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 6, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7:3'1 ~ 2 . Invocation~ 3 . Pledge of Allegiance.~ 4. RollCall. d.i/7~ 5. Consideration of Minutes of Previous Session. Minutes from the Regular City Council meeting of November 15, 2004. 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) ,,e- 7. 8 . Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public commer.t may be limited to 45 minutes and If limited shall be continued to General Discussion .) .. f 4-.• ~1~~,v -~WI= ~IIJ6 r. (1~ '!..41 -tu ~tu)t,R.. ,,.. !f:/u, ,.,,,,bl,-...-1>1~ Comm un ton , M.~m'tl:s , an~o1ntments. - ~a. Committee. onathan Cro~ell indicating his resignation from the Code Enforcement Advisory 9 . Consent Agenda Items. a . Approval of Ordinances on First Reading . ff App~ Ordinances on Second Reading . b. Please note: If yo u have a disability and need auxiliary aids or services, J)le.se notify the City of Englewood (303 -7 62 -2 405 ) at least 48 hours in advance of when services are needed. Thank ou. ,. ' ... .. • • • 0 0 l>EFEA T13D 3-4 BRAD SHAW MOVED TO AMEND TH E JANUA RY I, 1995 DATE IN f A Y[.S · BRADSHAW . WOO DWA RD. TOMASSO! PARAG RAPH S 3 (b) (I) and 3 (b)(2) TO READ J ANUA RY I , 2000 . (Council Bill No . 44) Al'l''D 7-0 WOLOSYN MOVED TO APPRO VE COUNC IL BILL NO. 44 (COUNC IL STIJ DY SES SION VERSION) WITH ONE AMENDM ENT · 3 (b) (I) IF AN~ AUTOMOTIV E SALES AND RENTAL USE HAS NOT EX ISTE D SINCE JAN UARY I , 1995 ..... AND TO SET TH E PUBLIC HEA RIN G FOR DECE MB ER 20 , 2004 . c. Resolutions and Motions. 10. Publi c H ea ring Items. (No Public Hearing Scheduled .) g 11 . Ordin ances, Resolution s and Motions. a. Approval of Ordinances on First Reading . otpJ?-{) i . Council Bill No. 44 -Recommendation from the Community Development Department to adopt a bill for an ordinance approving the Automotive Sales and Rental Uses in the MU-B-2 zone. Staff also requests that Council set a public hearin~ date of December 20, 200410 gather input on this issue. "STAFF SOURCE: ~ark raham, Senior Planner. ii. Council Bill No. 31 -Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance author izing an "Exchange of Permanent Easements" b etwee n Diana & Leigh Bray and the City of Englewood located at 620 East Bates and Bates ~ .. P .. n ~a!kJ~o-~'L!h,e City Ditch. STAFF SOURCE: Jerrell Black, Director. ft}~ appd'l-0 iii. Council Bill No. 63 -Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance rescinding the previous intergovern- mental agreement and authorizing an amended intergovernmental agreement with the Arapahoe County Commi ssioners pertaining to the Arapahoe County Opt'! . ,, 4 _ . ~ Sp ace Tax Sh areback Funds. STAFF SOURCE: Frank Gryglewicz, Director.~ rJppd'l-1) b . C. iv. Council Bill No. 66 -Recommendation from the Public Works Department to adopt a bill for an · ordinance to approve an agreement with General Electric Capital Bu sin ess A sse t Funding Corporation regarding the la,wJeasS! wjth Rocky Mountain MOB, LLC. STAFF SOURCE: Rick Kahm, Director.~ Appro~ Ordinances on Seco nd Read in g. Reso«ons and Motions. ~lo/ i. ~?-tJ Recommendation from the Pu blic Works Dep ar tm ent and Community D eve lopmen t Department to adopt a reso lution approving the M as ter Bicycle Plan and associa ted ad d en dum to Ro admap Engl ewood : 2003 Comprehensive Plan . STAFF SOURCES: Ladd Vostry, Public 'P'J!rks Traffic Englnttr, and John Voboril, Community Development Planner. ~ 12. General Discu ssion: a. Mayor's Choice. Please nole: If you have a disability and need auxi liary aids or services, pl ease nolify the City of Englewood (3 03 -7 62 -2405) al leas t 48 hours in advance of whe n services are needed . Thank ou. ' .. • • Englewood City Council Agenda .Decemb er 6, 2004 Page 3 b . Council M ember's Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjo~rnment. 8; ,!t} ~ .,----, The following minutes were transmitted ta City Council between November 12 and December 2, 2004. • Board of Adjustment and Appeals. !l:!eeting of October 13 , 2004. • Code Enforcement Advisory Comnflllee meeting of October 20, 2004. • Cultural Arts Commission meeting of October 6, 2004. • liquor Licensing Authority meetings of October 6 , October 20, November 3, and November 17, 2004. • Non-Emergency Pension Board meetings of August 10 and 30, 2004. • Parks and Recreation Commission meeting of October 14, 2004. • Planning & Zoning Commission meeting of October 19, 2004. • Englewood Public Library Board meeting of October 12, 2004. • Transportation Advi sory Committee meeting of October 14, 2004. • • Please note: If you ha e a diQbility and need auxiliary aid s or services. please notify the Cily cl [f1llewood (303-7 62-2 405) at ~ast 48 hours in advance of when services are needed. ~ • I . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 15, 2004 0. The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :3 7 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3 . Pledge or Allegiance The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present: Absent: A quorum was present. Also present : Council Members Tomasso, Moore , Barrentine, Garrett, Bradshaw. Wolosyn, Woodward None City Manager Scars City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Director Long. Library Services Director Gryglewicz. Finance and Administrative Services Director Kabm, Public Works 5. Consideration or Minutes or Previous Session (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER J, 2004. Ma)Or Garrett asked if there were any comments or corrections. There were none. Vote results: Ayes: Abstain : Nay : ~lotion ·amed . Council Members Barrentine, Bradshaw, Garrett, Wolosyn , Woodward , Tomasso Council Member Moore None 6 Recognition or ScMdukd Public co-nt \a) It) Council rccog mzed the 15 student arti ts whose artwork is included in the 2005 l ·ni:lc"'"ld Calendar. ' . .. . .. • • Englewood City Council November 15, 2004 Page2 Mayor Garr ett said each year, the City holds an art contest that is open to all students who live or go to sc hool in Engle wood . This year, we received nearly 150 entries, and 15 of those pieces were chosen for the ca lendar. We want to thank the parents and art teachers for their s upport of these talented arti sts. There arc s pec ifi cally some people I would like to thank: the Selection Panel -Mayor Pro Tern Olga Wolosyn, City Counc il Member Beverly Bradshaw, City Council Member Ray Tomasso and the Chair of the Cultural Arts Commission, Eric Bertoluzzi, also the members of Cultural Arts Commission -Mary Lyon Baird, Kate Dulaney, Amy Laugcsen, Janet Moore, Donna Schnitzer, Maggie Stewart, Dave Mitchell {Mitchell Design). Rodney Lontine (Executive Director of the Museum of Outdoor Arts), Meredith Wonzcl (Program Coordinator for the Museum of Outdoor Arts) and Susan Keene (Progressive Education in Art & Academics for Kids (PEAK) Coordinator). Mayor Garrett said we also had some sponsors who sponsored this project that we want to thank : the Museum of Outdoor Arts, A & B Custom Framing, The Prcssworks, Colonial Bank, Miller Weingarten Realty, Office Depot, Telecom Services, Inc ., Greater Englewood Chamber of Commerce, Mile High Coffee, P irates Cove, Hobby Lobby and Einstein Bros. Bagels . Mayor Garren said tonight we arc going to be returning the artwork to these artists, which have been maned and framed for them. The artists will also receive a gift card to Hobby Lobby. Olga. Bev and Ray will help with the presentation. We ask the artists to come forward as their names arc called and more importantly after the recognition if you could meet in the lobby outside Council Chambers so that you can have a group photograph. Council Members Wolosyn and Bradshaw introduced the 2005 Calendar artists and Council Member Tomasso presented them with their maned and framed pieces. Kirstyn LcCavalicr is a 1• Grader at Maddox Elementary. Kirs1yn's piece, entitled ''Round Elq,hmu." appears on the cover of the calendar. There arc two artists featured in January : Jessica Gutierrez. and Tyler DcHaan, both 2"' Graders at Maddox Elementary. Their artwork is entitled "Penguin on Ice ." Patrick Call is an 11 111 Grader at Humancx Academy . Patrick's artwork, entitled "The Duomo," appears in Februar y. Miss i Meers is a 1• Grader at All Souls School. Missi's artwork. "'Pink Flying Squirrel '" appears in March . C unis Bodik er is a 2"" Grader at Maddox Elementary. Curtis ' piece. "Peacoclc.. .. appears in April. Elizabeth C loutier is a 5111 Grader at C layton Ele men tary School. El izabeth's art wor k, "Cool Cal ... appears in May. Jeffrey Donahoo is a 411o G rader at Clayton Elementary School . Je ffre y's artwork, "The Collage of Cakes ,·· appears m June. Anny Arc hi bald is a'.!"" Grader at All Soul s . Anny's art work , '"Downward Doggut ... appears in Jul y. Mia Miller is a 2• Grader at C harle Hay Elementary. Mia 's p iece. "Prmy #'dais," appean in August . Na tasha F1 h is an s• Grader at Solid Rock Eonchmem Program. Natasha ·s anwor t . "Tlwn ·s a 5,,a,I ;,, my Shoe ! .. appears in September. T -.o am ts arc fea tured 1n October: Cherish Headley and Sara Hyde. bodl 1• Graden at Maddo Elerncntar). Their an work 1s e nti tled "'fltt, Monster Under M.11 Bed .. ' . ... .. • • C 0 ( ·• • • 0, tJ i--l )~ Englewood City Council November 15, 2004 Page 3 Sannah Pham is a 3nl Grader at Clayton Elementary. Sannah's artwork appears in November. Abreah Griffin is a 6"' Grader at Goddard Middle School. Abrcah 's artwork, "I'm Feeling Blu e," was c reated last year when she attended Clayton Elementary and it appears in December. Mayor Garren offered congratulations to the artists. Thanks for coming this evening to help us recognize these talented artists, he said . There was a round of applause. Mayor Garrett said there are calendars available on the table in the back of the room and there will be a group photograph in the lobby o utside Council Chambers. 7 . Recognition or Unscheduled Public Comment {a) Diane Wray said I am a citizen of Englewood. I am here to speak regarding the nomination of the First Federal Savings building, which is now Commercial Federal Bank at 4301 South Broadway. The redevelopment of Cinderella City into the Englewood CityCenter has been completed and judged a success, not just by our community. but by a national audience. The next challenge facing the City of Englewood is the revitalization of Broadway. Unlike the Cinderella City site, Broadway is not a blank slate. Hundreds of existing buildings occupy the corridor ... hundred of owners and hundreds of mostly small businesses. This project requires an entirely different set of skills and tools. One of those tools is historic preservation . The historic preservation ordinance of Englewood clearly defines its purpose, which is to establish historic areas and landmarks for the education, cultural and economic benefit of the Englewood c itizens. Due to various pressures that may result in the destruction, impairment or alteration of historic resources, which reOect elements of Englewood's cultural and architectural heritage, it is the policy and responsibility of the ordinance to protect and preserve buildings that arc reminders of past eras, events and persons important in loca l, State or national history. which provides significant examples of architectural styles of the past, arc landmarks in the history of architecture and which arc unique and irreplaceable assets to the City and its neighborhoods, which provide for this and future generations, examples of the physical surroundings in which past generations lived . It is also to develop and maintain the appropriate environment for such buildings reOecting various architectural styles. First Federal, now Commercial Federal Bank, clearly meets the criteria for local landmark status. The summary statement from the complete landmark nomination. which I prepared and submitted reads : The First Federal Savings building embodies distinguishing characteri stics of modernist architecture inherently valuable for a study of the period's style and method of co nstruction . It is significant as the work of a recognized master of modernist post-World War II Colorado architecture , William Muchow and for its use of innovative design and engineering in the express ion of modern architecture. It is also significant as part of an important context of modernist banks buih in Englewood in the period between 1945 and 1970. It exemplifies the broad cultural , political, economic and socia l history of the City of Englewood, Arapahoe County. the State of Colorado and the United States in the years it was constructed . It is signifi cant as an exemplary structure from the Golden Age of Englewood ... a period of unequaled growth and prosperity in which the City was a leader in local , regional and natio nal retail and commercial deve lo pment. It is also significant for its association with First Federal Savings , an important banki ng instit uti on in our history . This nomination, the first independent nomination of a local landmark by an Englewood citizen ha s encountered two roadblocks, both of which are based o n the inad equa cy of the ordinance. The first of these is a fifty year rule. Given the fact that the period from the late 19.iO 's through the 1960's can be objectively identified as the Golden Age of Englewood's residential and commerc ial d evelopment. this fifty year rule is clearly inadequate to protect many of the buildings in o ur community that are most likely to merit landmark status. It is imperative that this language be altered in the refinement of the ordinance currently underway. It is also important to note that , due to the recognition of National registered landmarks in the City of Englewood. Arapahoe Acres, whicl) was at its listing less than fifty years o ld , is already an Englewood landmark. The second roadblock is the refusal of the building owner and the C it y of Englewood to allow the posting o f the Public Notice of a Planning and Zoning hearing on the h1s1c,nc designation and preservation of this important building. Englewood has o nl y two buildings o n Broadway that are clearly of National architectural and historic significance. One is Charles Deaton ' Key Savings. no w Colo ma! Bank. The other i William Muchow First Federal Savings building. This building sho uld become the centerpiece of B roadway's revitalization. Not it's first victim . The City of Englewood ~ ' .. ,, • • - • Englewood City Council November 15, 2004 Page4 should be encouraging public debate on historic preservation, not obstructing it. And, I ask that the City Co uncil take the steps necessary to ensure that this public debate takes place on this propcny. Thank you. Mayor Garrett thanked Ms . Wray. 8. Communications, Proclamations and Appointments There were no communications, proclamations or appointments. 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items s ubmitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 11 (b).) (c) Resolutions and Motions COUNCIL MEMBER BRADSHAW MOVFJ>, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (c) (I)· ~LUTION NO. 100, SERIES OF 2004. [Clerk's note: This was listed as Item 9 (a) (i) on the Agenda .] (i) RESOLlITION NO. 100, SERIES OF 2004 A RESOLlITION AlITHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROORAM FROM MONDAY . NOVEMBER 29, 2004 THROUGH SUNDAY, DECEMBER 12. 2004. Vote results: Mo tion carried . Ayes: Council Members Barrentine, Moore, Bradshaw , Garrett, Wol06yn, Woodward, Tomasso Nays : None 10 . Public Hearing Items No public hearin g was sc heduled before Council. 11 . Ordinances, Resolution and Motions (a) A pproval of Ordinances on First Rc.iding There we re no items s ubmitted for approval o n first reading . (b) A pproval o f Ordinances on Seco nd Reading CO U NCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE MS 11 (b ) (I) THROUGH (v). Ma yor Garrett asked ,f there was an y discussion. There wu none . t .. .. • • -- 0 ( Englewood City Council November 15, 2004 Pages (J (i) ORDINANCE NO . 60, SERIES OF 2004 (COUNCll.. Bll..L NO . 53, INTRODUCED BY COUNCll.. MEMBER WOLOSYN) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO. FOR THE FISCAL YEAR 2005 (ii) ORDINANCE NO . 61, SERIES OF 2004 (COUNCll.. Bll..L NO . 54, INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY I, 2005, AND ENDING DECEMBER 31, 2005 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2005. (iii) ORDINANCE NO . 62, SERIES OF 2004 (COUNCll.. BILL NO. 59, INTRODUCED BY COUNCll.. MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AMOUNT NOT TO EXCEED $8,355,000 VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS EAST APARTMENTS) SERIES 2004 OF THE CITY OF ENGLEWOOD, COLORADO FOR THE PURPOSE OF FINANCING A PORTION OF THE COST OF REFUNDING THE CITY OF ENGLEWOOD, COLORADO MUL TlFAMIL Y HOUSING REVENUE BONDS (THE MARKS APARTMENTS) 1985 SERIES B; APPROVING AND AUTHORIZING EXECUTION OF A TRUST INDENTURE , A FINANCING AGREEMENT, PURCHASE AGREEMENT, INTERCREDITOR AGREEMENT, AND AN AMENDED AND RESf ATED LAND USE RESTRICTION AGREEMENT WITH RESPECT TO THE BONDS AND THE MULTIFAMILY HOUSING PROJECT BEING REFINANCED WITH THE PROCEEDS OF THE BONDS; MAKING FINDINGS AND DETERMINATIONS WITH RESPECT TO THE PROJECT AND THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS; AND REPEALING ALL ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . (iv) ORDINANCE NO . 63, SERIES OF 2004 (COUNCll.. BILL NO. 61, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2005 . (v) ORDINANCE NO. 64, SERIES OF 2004 (COUNCll.. BILL NO. 62 , INTRODUCED BY COUNC IL MEMBER WOLOSYN) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREAT MENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I , 2005, AND ENDING DECEMBER 3 1, 2005, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BIU FOR THE FISCAL YEAR 2005 . Vote results: Mouon carried. (c) Ayes : Council Members Barrentine , Moore, Bradshaw, Garrett. Wolosyn , Woodwud, Tomasso Nays : None Rcsol u1ions and Motions There were no addi1ional rcsoluuons or mocions submitted for approval. (See A,enda hem 9 • Come111 Agenda .) t • • Englewood City Council November 15, 2004 Page6 12. General Discussion (a) Mayor's Choice ·• • • r·--.. L_J (i) Mayor Garrett said I just want to make note that the next City Manager/City Attorney meeting will be December 1" since we do not have Council scheduled for next Monday or the 29111 of November. (b) Council Members' Choice (i) Council Member Barrentine: l. She said I had some people who were complaining about the parking on Clarkson and the speed , not that that is unique just to Clarkson, but with the additional traffic from the High School it makes it a little unique. I was very impressed with the work Rick Kahm and our Public Works Department did and I just wanted him to speak for just a minute on what it was he did. This man was very impressed at how well we responded and there was some unique partnering with some people and I would like him to address that just for a moment if he would . Director Kahm said thank you Laurctt. I included this response in your packets as a short-term . Laurett had called because the individual on Clarkson had called her. I have only been working with the ETAC group a couple of months now and the target that is on our agenda right now is speeding on collector and arterial streets . We have been pretty successful over the last, almost fifteen years, with Safety Services and working on the Speed Pledge Program. Prior to that, in Traffic, we developed a program called Speed Watch and I included the pamphlet on that in your packets. And that was initially developed by Traffic to deal with the very isolated cases of speeding. We would have a block where every once in awhile there was a particular individual who was speeding and it wasn't practical for Safety Services to post an officer out there for hours and hours and hours, just on the chance they might be there when this individual was speeding . So. we developed a program that allowed citizens to participate so they felt like they could be doing something to help us . Speed Pledge was developed and it was really simple. It was a matter of training the citizens. We put some marks on the street at a specific distance. provided the citizens with stop watches and they timed the vehicle between two points and had a conversion chart that then told them how fast the vehicle was go ing . They could then turn around and pass that information on to Safety Services and they would follow up with a letter to the car owner. Generally this was some youngster's parents. They wouldn't get a ticket, it wouldn't go on their driving record, but it was effective and it let us get out and work with the community. Right no w the primary target on ET AC's agenda is speeding on collectors. We have been working for an extended period of time with the Oxford corridor and in fact. you all approved a PIF project for next years fundin g to do so me things on Oxford . I think it will probably end up being some neck downs on the ends and poss ibl y so me radar speed limit signs ... that type o f thing. We arc working on that and then most recentl y we had a pro blem that devel o ped ... actually it developed probably 20 years ago ... on Dartmouth. but the folk s o ut there finally reached their breaking point and arc pretty excited about what we can do on Dartmouth . Again . it is a collector. I sho uld also point out that Speed Pledge, as we developed that over the years, has been prett y cffecti vc on res idential streets, but docs not carry forward on to collectors and arterials , because a lo t o f those fo lk s are just passing through town and quite honestly don't care how fast they arc going. But wh e n thi s C lark son one came up again. it is a collector street and it turned out that Ladd had a significant a mo unt o f data already co mpiled on that. I asked Laurett if we could turn this into a short term. because I think o ne o f the things we have been looking at on Oxford, and possibly on Dartmouth, arc these photo radar signs th at ac 1ua ll y tell yo u ho w fast you arc going and if you arc exceeding the speed limit. it will tell you to low down. What we were able to do, with a series o f studies over on Clark.son over the last couple of years. wa, 10 conclude th at when sc hool wa sn't in session the 85'" percentile was running about 34 miles per hour , b ut whe n sc hool wa s in se ssio n the volume o f traffic went up about 20 percent and speed went up about 5 to 39 mil es per ho ur . The Sa fe ty Services speed trailer works very similar to the photo radar signs that we arc proposing to tr y o n Oxfo rd and possibly Dartmouth . E ven when school was in session and the speed had Ju mped up to 39 mile s per ho ur . with the trailer in place , it dropped back down to 33 . We alread y had thi s . • .~. .. ' • • • Englewood City CouncU November 15, 2004 Page7 data on Clarkson and I wanled to share that because I think that is what we will be talking a lot about in ETAC. We have a meeting again this Thursday night. I am thinking that is one of the softer types of traffic calming techniques that we will probably be proposing. Council Member Barrentine said thank you . I know that he was impressed with this and it took less than a week . They had training today ... five people who became involved because they were interested, so it is a way for them to panicipate and get some more information. It is a limiled area, but they were just very impressed with the response and I was very happy that we found some unique ways to get them involved. Director Kahm said we all know that speeding is a big issue in every community, not just ours. Ms. Barrentine said it is nice that they could feel they could do something. 2. She said I went to the CML meeting. They were putting together their legislative issues that they are going to be addressing this legislative session. I was very proud of our Director of Safety Services who made a presentation as ... and your title with that organization? I'm sorry, I forgot. Director Olson said I am the Legislative Chair for the Chiefs of Police Association of Colorado. That is what I was there for . Ms . Barrentine said they were addressing the issues with the municipalities taking on the liability of people who are hurt or who arc sick and those bills arc corning back now to the municipalities . He did an excellent presentation and I was very proud to see Englewood so well represenled. Thank you very much, that was very nice . (ii) Council Member Bradshaw : 1. She said Happy Thanksgiving, since I won 't see you guys. 2. She said thank you so much Chris for the enforcement on Belleview and Oxford. It really seems to be working. Thank you . (iii) Council Member Tonwso said I am concerned about the lack of a public hearing on the bank propeny and with the ordinance that we have in place that we can't seem to work out the di sc repancies in the ordinance. It looks. once again to me, like government run through secrecy as in the evening when the City Council decided to tear down the Skcrritt house. It is the same type of situation and I think it needs to be investigated. I think we need to put a moratorium in place on the demolition of buildings until we get an ordinance in place that can be addressed in public forum. Mayor Garrett said arc yo u asking for an investigation about the Skcrrilt House? Mr. Tomasso said no. I am asking about an investigation about the process of the hi storic designation ordinance and the inconsistencies in the ordinance. Mayor Garrett said we have a note that Bob's group was s upposed to be looking at it and bring that back to Co uncil. Mr Tomasso sa id I am looking at it as I am concerned with the building that could be demolished shonly ... the bank building. Co uncil Member Barrentine said arc you asking that because of our process or arc you asking for yourself that th1 be mvc t1ga1ed . as well as the way this has been handled? Mr. T o masso 1d I am king for it to be looked at and a moratorium possibly be put on demolition until we get the ordinance tra1ghtencd out. Since I haven't had time to talk to previous Council members that wrote the ordinance 10 -what the put 1n place and why they put the clause in that a pubhc c:itiun can nominate a ,. • ' . ... .. • • Englewood City Council November 15, 2004 Page8 (J building and then that nomination be denied by the owner of the building and blocked basically by an out of state corporation. Mayor Garrett said I guess the question then for Council, is there a consensus that you would like us to bring back a moratorium resolution. in essence? Mr. Tomasso said yes, until the issue is resolved. Council Member Bradshaw said what is the timeline on the issue being resolved? Mr . Tomasso said when I talked to Community Development, they thought five months. They would have an ordinance in place in five months. It would take five months to put it in place. Ms . Bradshaw said what is the timeline for the bank? Mr. Tomasso said it may be tomorrow. Ms. Bradshaw said I me.111 realistically, because I remember you were the gentleman that offered us $10.00 for the Slcerritt House. Mr . Tomasso said no, I offered you S 13 ,000.00. Council Member Tomasso said at this point, I've heard the north building has been closed and locked and they removed all the tenants from the north building, so it could be a month. Mayor Garrett said what if I propose that on December 6•, our first meeting back, that wc put it on the Study Session and then if there is a consensus to move forward we can do that? Or any Council member can have a moratorium resolution proposed. Council Member Bradshaw said I just wonder if that wouldn't just add another two weeks to the issue. It sounds like Council Member Tomasso wants to move quicker than that. Or, Mr . Tomasso said. figure out how to post a hearing so Planning and Zoning can have a hearing on the building. Council Member Bradshaw said I was trying to fast tnlCk what you want, Ray. If we could have it on the Agenda written up as a moratorium . I Mayor Garrett said right and wc discuss it at the Study Session and if someone wants to move it lhat night, they can. Counci l Member Barrentine said I am sorry . I disagree. This has been discussed and this is because you have a personal agenda with this. We agreed that the ordinance would need the property owner's permission in order to post the sign for historical designation for the hearing ... in order to have the public hearing. The o rdinance was written in a way so that you would have to have permission of the property owner ... that the propeny owner would want to have a historical designation. They do not and what you were proposing at the ume ... at the la s t Study Session ... was that anybody could go ahead and circumvent the property owner's rights, post their propeny because they believed it should be historical, even if the property owners disagreed. And I think that you arc trying to circumvent the~ for a personal agenda and I don't think we should continue doing this . Council Member Tomasso said I am trying to hold up the process until we act an ordinance in place that is workable . The current ordinance is not workable. I am Just trying to awl the process until we act something th at is wo rkable in place. Ms. Barrentine s:iid what you consider workable however, is circ umvcntina that private property owner 's ri ght so that you can go ahead and put your will on to that propcny . ) ... • • --- ( 0 Englewood City Council November 1S, 2004 Page9 0 Council Member Bradshaw said and the other thing that I would like 10 add is, had the South Broadway Plan not ended up being a volley ball in the last election, that venue would have been changed on that panicular propeny. Mayor Garrett said would Council like to discuss this on December 6.._ or not? I think Laurett, that it is clear that you would not like to do it. Ms. Bradshaw said I think we have discussed it. Mr. Moore said I am not going 10 slop anyone from discussing something. Ms . Wolosyn said I wouldn't mind putting it on the agenda, I have no objection. Mayor Garrett said well it could always be under Council Members Choice as well. That is always a possibility. Council Member Wolosyn said I think it falls into that category of not bringing up any surprises . I guess if we knew it was going to be under Council Members Choice that week as an item, that would be fine. Mayor Garrell said something else we need to consider is the City A1torney's and staff time required to draft a proposal. Docs Council wish to have them expend City resources to do that at this point or would you rather have that discussion first? In response 10 Council Member Wolosyn, Mayor Garrell said the City Attorney has to draft a resolution and make sure the moratorium we create is tailored properly so that ii is not subject to challenge. Council Member Woodward said for my o wn clarification, we are talking about a moratorium on one propeny? City Attorney Brotzman said on all demolition permits within an area. City Attorney Brotzman said one of the things we would be working on is what the specific area is. You can't do it as to a property. That becomes a taking and that is a problem so you have to do it within an area and we ha vc to de.fine the area so it is fair. Council Member Woodward said I think at that point we are starting to infringe on the possibility of some other propeny owners that may have some plans for demolition or whatever. Do we know anything about that ? City Attorney Brotzman said that is also pan of the staff time that would be spent ... looking to sec if there is anything else. Cou ncil Member Moore said I will clarify my answer with your questions . I believe that we can discuss it philosophically. I don 't thi'nk it is warranted to be investing much staff time in that part of it given the pri or di sc ussions. Mayor Garrell said Laurel! and Bev , you arc of the same view? Council Member Bradshaw said yes. Mayor Garrell said I am also. · Ms. Barrentine said I was not for the Broadway Plan and I said some time ago that I a m not going to infringe o n priva!e propeny rig hts by the City doing anything with condemnation or development. nor am I going to a ll ow th e Hi stori cal Society 10 circ umvent their process either and take people's private propcny rights away . And . I sta nd firm on tha t still . Ma yo r Garren sai d we will put it o n as a Study Session item 10 discuss . Ra y if you would like to lead Iha! discussion. we will go from there. City Anomey Brotzman said then that will not be an item on the agenda? Mayor Garrett said no . (iv) Council Member Woodward : t .· .. .. • • • Englewood City Council November 15, 2004 Page 10 I . He said I just want to acknowledge thc Speed Watch that Lauren had brought up and Rick discussed . I was totally unaware of this and really impressed with it and want to talk to some of my neighbors about it . 2. He said Ray and I attended a training with CML a little over a week ago . I guess what we arc asking is if we can fund this out of the monies that arc set aside for Council trainings. I have been told that we have monies in that budget to fund that . Where it was funded, where the fees came from for that, I believe , was out of our discretionary funds . Mayor Garrett said I received a call regarding thc seminar and I said the Council policy is that you always pre-approve things that come out of that particular budget, but considering the amount of the seminar was fairly low, I said each Council member has discretionary funds that they can use . That means that you can at least go and if you think it properly should come OUI of the education fund that the Council has a budget for. you should come back to Council and ask for that money to come out that particular pot. It has always bceu our policy to pre-approve things and these questions came up very quickly . Council Member Wolosyn said and how much was it? Mayor Garrett said $70.00 or $75 .00. Council Member Bradshaw said I have no problem with that coming out of the Confcrcncc Fund . Council Member Woodward said there is another one corning up in December that I would like to attend . This is another CML training. It is Leadership to Leadership and that seems very appropriate . Council Member Barrentine said arc you requesting both of them? Mr. Woodward said yes . Ms . Barrentine asked thc date of that one . Co uncil Member Tomasso said that one is on Friday , December 3•_ Mayor Garrett asked Mr . Tomasso if he wanted to go as well . Mr . Tomasso said yes . Mayor Garren asked if an yo ne else wanted to go . Council Member Wolosyn said I would like to go to that one . Council Member Bradshaw said I strongly urae you to go . COUNCIL MEMBER WOLOSYN MOvm, AND IT w AS SECONDm, TO APPROVE THE cosr OF A CML TRAINING CLASS FOR TWO COUNCIL MEMBERS RETROACTIVELY AND THE COST OF A CML TRAINING CLASS IN DECEMBER FOR THREE COUNCIL MEMBERS. Mayor Garrett sai d we do ha ve adequate funds to cover this . Mayor Garren asked if there was an y di sc ussion . There was none . Vot e res ults : Moti on carried . Ayes : Abstai n: Nays : Counci l Members Barrentine, Moore, Bradshaw, Garren , Wol osy n, Woodward Council Member Tomasso None (v) Counc il Member Wolosy n: She said I 10oukl like to congratulate Leigh Ann. The cale ndar looks beautiful . It looks greaL The col rs arc so close m the original , very mce . Job we ll done ... as always . 2 he 1d Ra and I were at the meeting on Dartmouth and I kept John in the loop ... rcgardin& the uaf I I lool for,..ard t scc1n1 ho,. that propeues also m the minutes because I kno w the y were going to omc toETAC ' .. ... .. • • c· Englewood City Council November 15, 2004 Page 11 13. City Maaqer's Report (a) City Manager Sears said I just want to follow up with what Olga said ... that Leigh Ann and her staff did a wonderful job with the calendar. Thanks to Council for your support. he said, and I want to wish everyor,e a Happy Thanksgiving. 14 . City Attorney'• Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournmeat t • • PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 , PU8lJC CGIIIIEN'I DATE: December 6, 2004 _.N;;..;AM=E ____ .._AD=D,..R=Es ... s __________ ___,-= t • • Regular City Council Meeting December 6 , 2004 Unscheduled Visitor -7 (b) re: zoning at 2996 South Elati Marlene McKinney P .O . Box 1516 Florence, OR 97439 Phone : 541.997.3459 AND ..... Mary Sue Tate spoke on her behalf: ' ... • • Regular City Council Meeting December 6, 2004 Unscheduled Visitor -7 (b) re: zoning at 2996 South Elati Marlene McKinney P .O . Box 1516 Florence, OR 97439 Phone: 541.997 .3459 AND ..... Mary Sue Tate spoke on her behalf: C.. Dear City Coumel Members: The reaon for my resipalion is tbat I haw mowct out of lbe City of f.aalewoocl_ RECEIVED r ---, : NOV19~4 I . . ! l .-:··J ';. ~-'.'-V'!'.,."; '?~~·:"'l "• • I):" • • . _______ __, ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 6, 2004 11 a i Automotive Sale and Rental Uses in the MU-B-2 zone Initiated By: Staff Source: Community Development Department Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ~ Council adopted a series of goals for the 2004 South Broadway Plan: • Revitalize the corridor. • Support redevelopment of under-us ed properties. • Support multiple modes of transportation . • Increase diversification of City tax base. • Improve the variety of housing types and opportunities for workforce housing. • Prepare five and ten-year public and private investment strategy for the corridor. Previous Council Action: • Council initiated the South Broadway Plan in December 2002. • Council passed the Auto Use moratorium in September 2003. • Council appointed the Auto Use Committee September 2003. • Council held a study session with Auto Use Committee October 2003. •' Council adopted the Unified Development Code in February 20041 • Council held a study session with Auto Use Committee September 2004. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance establishing Use Specific Standards (version 2) for new Automotive Sales and Rental businesses. Staff also requests that Council set a public hearing date of December 20, 2004 to gather public input on the proposed ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Attached, Council will find tvvo versions of a draft Auto Use ordinance. Version 1 is tided # As> proved by the Englewood Planning and Zoning Commission 9/21/2004# and version 2 is titled "11 /12/2004 -Auto Use Committee Version ." Both versions are provided for Council review as it is the practice to forward land use ordinances from the Planning and Zoning Commission . The Auto Use Committee continued to meet after the Planning and Zoning Commission hearing and this committ ee made some additional revisions that staff believes provide clarity and improvement to th e ordinance. As a result, staff is recommending approval of the Auto Use Committee Version. ' ., • • -= The Englewood Planning and Zoning Commission considered and approved the proposed Auto- motive Sales and Rental use ordinance in a public hearing on September 21, 2004. The Commis· sion approved the ordinance with five standards labeled "a" thru "e:" a. b . C. d. e. Implementation Period. Landscape Plan . Drainage . Minimum Lot Frontage. Bringing Buildings up to Code. As part of their motion recommending approval of the ordinance to the Council, the Commission requested that standards "f" thru "o" be added as shown in the attached "Commission version, "ti· tied • Approved by the Englewood Planning and Zoning Commission 9/21/2004. • With one excep- tion, these standards come from the list of Use Specific Standards in the Unified Development Code (UDC). The exception is the Site Plan requirement which the Commission added. The Auto Use Committee continued meeting after the Planning Commission public hearing and has recommended further modification to the Automotive Sales and Rental ordinance (Version 2, 11 /12/2004). The Committee has provided a second version of Council Bill 44 titled• Auto Use Committee Version" which is included for your consideration. Some re-ordering and re-numbering has occurred . Standards (11) lot Frontage and (12) Buildings correspond to standards "d" and •e• in the Commission version, two of the bolded "Whereas• statements, that appear in the Commis- sion version, regarding the "limited use• provisions of the U .D .C. were deleted in the Committee version . The Committee version also includes staff-recommended text revisions on standards (1 ), (2), (4) and (9). The Site Plan requirement has been eliminated. 16-5-2: C. b . "Implementation Periods for Automotive Sales or Rental Use Specific Standards" has been re v ised . In the Committee version, auto use businesses operating in the ten years before January 1, 2005, roughly when Council Bill 44, series of 2004 would become effective, are not re- quired to meet the new lot frontage requirement Properties where auto use businesses have not o perated during the five years before applying for a Limited Use Permit are subject to all of the standards unless they operated during the ten-year period that exempts them from the minimum lot frontage requirement. In the Commission version, the time frame was b ased entirely on the period prior t o the application for a limited use permit. The Committee versio n does not exempt proper- ti es from any requirements where an auto use existed Oto five years before Limited Use applica- tion, like th e Commission vers ion did. Policy Support The recently adopted 2004 South Broadway Plan (SBP) provides support for the proposed addi- tions to the "Use Specific Standa rds " for •automotive sales and rental uses; commercial storage of operable vehicles; parking area, surface (operable vehicles); and parking facility, structure (operable vehicles)." The proposed standards would improve the automotive sales and rental business devel- opment standards and will generally continue to enhance the Broadway corridor when imple- mented. The followi ng SBP strategies support th e proposed d evelopment standards: • Estab lish minimum frontage requirements enhancing ehicle and pedestrian safety. -~ ... • ' • • Promote economic growth in Englewood by building on Broadway character, community image, identity, and quality of life . IMPLEMENT A If ON The proposed standards apply to new automotive sales and rental businesses, new parking lots and parking structures. Properties where automotive sales or rental uses were licensed to operate be- tween January 1, 1995 and January 1, 2005 are exempt from the minimum frontage requirement Agreement on the proposed Committee version of the ordinance was reached by the Auto Use Committee whose members were appointed by City Council. The committee indudes representa- tives of automotive sales businesses and property owners, staff and Council. The recommended implementation schedule takes into consideration the business cydes that temporarily reduce the demand for auto sales and rental businesses as well as their investment in property and improve- ments . The schedule is a compromise that the committee believes is fair and acceptable to existing automotive sales and rental businesses and property owners. FINANCIAL IMPACT The proposed ordinance does not have any direct financial impact on the City. LIST Of ATTACHMENTS Version 1, Council Bill 44, N Approved by the Englewood Planning and Zoning Commission 9/21/2004. Version 2, Council Bill 44, Nl 1/12/2004 -Auto Use Committee Version •. Motor Vehicle Dealer license Requirements. -· ( ·• • • 0 - Motor Vehicle Dealer License Requirements/ Dealers Page 1 of2 =Colorado Department of Revenue Auto Industry Division (303) 205-5604 Motor Vehicle Dealer License Requirements Application: Submit original application and addendum . All requested information must be provided including all boxes marked "yes" or "no". All "yN" answers require an explanation . Application must be signed by owner, corporate officer or LLC member . Flnanclal atatement: Current, accurate information is required . Follow instructions carefully . The Dealer Board requires a net worth of at least $50,.000. Credit Bureau report: A credit bureau report will be obtained on every applicant This report is an indicator of an applicant's financial fitness. The Dealer Board requires an empirics score of at least 600. It Is suggested that if you are not sure of your score that you contact Trans Union to run your own credit report If derogatory information appears, it must be resolved or explained in an attachment to your application. Background check: A background check will be done on every applicant If the applicant has ever been arrested , charged with, convicted of or pied no contest to any felony or misdemeanor crime in the past ten years, excluding traffic violations, supporting court documents must be included with the application. Place of business affidavit Complete the appropriate sections and sign . Place of business for dealers must satisfy the following requirements : • Permanent enclosed office with electrical service and restroom. • Space to display one or more vehicles . • Open to public a minimum of 12 hours a week. • In compliance with local zoning . • Used exclusively for the dealer business or incidental businesses, such as parts, repair, etc . • Sharing the site with another business owned by another person Is NOT permitted . • A permanent sign displaying business name, clearly visible from the street • Premises owned or leased by dealer. 'Mlolesalers are not required to meet the place of business requirements , but must maintain an office in which all veh icle records are maintained . Written examination: Mastery Exam -Must score 100% on open-book exam . Each owner or corporate member must have completed and submitted the "Mastery Test" or they must be currently licensed as a dealer or salesperson . BuslnNs Documents: If filing as a corporation or an LLC a copy of the stamped articles of inoorporation/LLC fil ed with the Colorado Secretary of State must be submitted . If the corporation is out-of-etate a copy of the Cert ificate of Authority is requ ired . If filing as a partnership a signed copy of the partnership agreement is requ ired . ~ Franchise agreement : If applying as a franchised dealer please ensure that the manufacturer is licensed to do bu siness 1n Colorado . You may ask for a copy of their license or contact our office . If the manuflilcturer is licensed you will need to obta in a letter from them stating that you are authorized to sel their product Hne. Dealer plate affidavit: App lication for dealer demonstration and full-use plates must be c:ompletlld and signed. hnp://www.mv .state .eo.us/dlr/dlrreq.html 11/18/2004 ' .. .. ., • • Motor Vehicle Dealer License Requirements / Dealers Page2 of2 Colorado Sal• Tax License: (Colorado Buslne11 Form) • Copy of the sales tax license or a copy of the sales tax application stamped with Dept of Revenue's "received" stamp as well as proof of trade name registration. Fea: Check payable to Department of Revenue. See fee schedule. Bond: $30,000 surety bond in legal name and D.B.A. Bond must be signed by owner or partner, corporate officer of LLC member. • •• AID I Revenue I TOP last modified: 08-CU 0 ORDINANCE NO. SERIES OF 2004 BY AUTHORITY A BILL FOR ·• • I INTRODUCED BY COUNCIL PERSON~~~~~- AN ORDINANCE AMENDING TITLE 16, CHAPTERS, SECTION 2, SUBSECTION C, BY THE ADDITION OF A PARAGRAPH 13, TO THE ENGLEWOOD MUNICIPAL CODE, PERTAINING TO P~IMI &l't) NEWLY ESTABLISHED AUTOMOTIVE SALES OR RENT AL USES. WHEREAS, the Unified Development Code (UDC) of the Englewood Municipal Code lhMq sets forth the uses of property which are allowed in each of the zoning districts of the City; and WHEREAS, some uses, whether "permitted" or of some more limited allowed use, are of a type that require additional regulations called "Use Specific Standards"; and WHEREAS, automotive sales or rental uses are uses which require additional standards; and WHEREAS, the Auto Use Committee has recommended a phased approach to implementation of these standards for new automotive sales and rental uses; and WHEREAS, the Englewood Planning and Zoning Commission reviewed the draft based on the Committee's recommendations and after a Public Hearing on September 21, 2004 recommended the Ordinance with certain amendments; and WHEREAS, this Ordinance exempts Automotive Sales and rental uses from any other requirements of the Limited Use provisions oftbe Unified Development Code; and WHEREAS, any conflicts between this Ordinance and the Unified Development Code will be reviewed by the Community Development Department for resolution; and WHEREAS, the Englewood City Council, through its police powers, finds that it is necessary for the health , safety, and welfare oftbe citizens of Englewood to regulate automotive sales or rental uses ; and WHEREAS, when an auto sales or rental use has been dark for ten years or more and the auto sale s or rental use is reopened or reesta blished by the same or another owner, then the use will be treated the same as a new use: for example an auto sales or rental use which has been closed since 1994 will be treated the same as a new use when it is again opened as an auto sales or rental use in 2005 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD , COLORADO, THAT : Section I . Title 16, Chapter S, Section 2, Subsection C, Number (3) is hereby amended by the deletion o f "Automotive sales, rental" from the beading of this paragraph, to read as follows : t .. • • 0 ·• • • 0 16-5-2 : USE-SPECIFIC STANDARDS. C. Commercial Uses 3. 1'.11lamalin 1ale1, realal Commercial Storage of Operable Vehicles; Parking Area, Surface (Operable Vehicles); and Parking Facility, Surface (Operable Vehicles): and Parking Facility, structure (Operable Vehicles). Section 2. Title 16, Chapter 5, Section 2, Subsection C, is hereby amended by the addition of a new Paragraph 13, to read as follows: 16-5-2: USE-SPECIFIC STANDARDS. C . Commercial Uses .u. Automotive Sales or Rental Use; New auto salsi or rental use 0-5 vears since auto sales or rental use on same oropertv s-10 years sjnce auto sales or rental use on same orooertv All excent d 75' lot frontase Jfap auto use Ifan auto l.l.ww never existed on the subiect nronertv, all use Specific Standar;ds l!lU2b:. If an auto use was lesallv established on the same orooertv within the five vears Prior to submittins a comPlete develooment aoolication then the use is not subiect to anv of the Use Snccific Staodar;ds in this Section If an auto use operated more than five but less than ten vars Prior to submitting a comPlcte 4evel9PJPCPt APPiication then it shall meet all Use Specific SWJ4frdl exsem Jhat it is oot EaUliml to WPYisk ZS feet or fi;pntagc on Public Risht-of-Wav has not operated ( for IGP YMII then it is regyjrgl to mss;t all of the 1.1. Landscape Plan The approval and jmplementatjon of the approved landscape plan pursuant to 16-6-Z EMC shall be obtained vrior to the establishment, develovmeut or 0PS1tion of an automotive sales or rental business ~ Drainage surfacing and maintenance Use Specific Stan4frdl Uoon the establishment. develooment, or commencement of operations of a use under lb.is Parasraoh areas subiect to wheeled traffic whether for Parkins or sales shall be oronerlv graded for drainage, orovide on-site detention of stonn runoff and he surfaced with a hard surface oursuant to l 1-3-5 EMC and the Storm Drainage Criteria adopted bv 1lls;JJiy. 5i. Lot frontage There shall be a minimum of seventv-five C75l feet of frontage on a maiAc collector or arterial roadwav for anv use established under 16-5-2CCXJX13l EMC Fmotase is hfKd on the most significant adiacent roadwav Frontase on moce thap ope maigr collector or arterial shall not be combined to meet minimum fronta@c r;auirements-( ' · .. .. • • h. (( Bujldjngs . . Uoon the establishment dcvelovmeut or commencetnem of PPCrabon of IP automotive sales or rental busiPFss use · new or existing buildinss shall he bmusht un to the current soecific codes adooted bv the Citv, includius but not limitest to· buildio@ elecUic olumbins mechanical and zonius or the buildinss must be removed vrior to opegtins anv use upder this Pngraph, Drainage Surfacius and Maintenapce Areu subiect to wheeled nffls whether for Parkins ales or stomse shall he ProPCrlY vaded for drainasc vrovide on-site detention of storm runoff, Md be surfaced with concrete asPhaltic concrete asDhalt or brick Raven subiect to the annroval of the Penartmeot of Public Works Such v,;as shall be maintained in sood condition, free of weeds din hJSh and debris- Banieo and Scn;cuins Areas subiect to wheeled qaffic shall Jxi Provided with barrieo of such dimenaions that occuoants of adiacent or adioiuins residential squcturcs are not unreasopablv disN[hs;d either bx dav or nisht bx the mPYemeut of vehicles Unless otlJerwias nmxidgl for in this Title for each boYP4arv line abuttius directlv on a widmtial lot, a wall or closest- face fence Cat least four Cil feet hishl shall he omvi4esb which shall KTYF as a baqier to oassase ofpepoos wute material and light &pm ba41ishg Mark,ing of Parkins Lots SbllCNres and Cv Sala Lgts Parkins soaces shall be marked and maintained on the navemeut and aux other direGtional marlcins, or sisus shall J>e iPltallFfl u REPPittM w rreuiPi4 bx the Citv to ensure the approved utilization of svace dicsction of nffic flow ud smcol safetv Soaces de1im¢ Yd uscd for the disnlav or UPPse of invENWY in a We lot yalJ not he reauircd to be mark,e4, Bumper Curb and Wheel StoPS W To eusun; the proper maintenance and utilkatiou of d)ese facilitiss, mins arcu shall be desisned so that a parked vehicle does P9S oxsblos the public riW-of- wav or vublic sidewalk A permanent curb bumw or similv device shall be installsd that shall be adeauatc to nrotect the Public risht-of·wax or ~ublic sidewalk from vehicular overhangs Md to Protect anx sb'Uctun; from xehaculv 4il.alm. m use o(WheeJ stops Lil Wheel stops are discouraged where thev max intcrf ere with eff cctive snow clearance operations However wheel stops mav be used in relation to Automotive Sales, Rental. au The stoPPins e<Jse of the wheel stoP shall be olaccd no clPKr JhlP two fees from the eds cs of the Public rishJ:of · wax Public 1idewalk, w buildios A oarkcd vehicle max overhang a landscaRCd NY Md UP to two f!5J of s~cP landscaped area max be included as a Plrt of Jhe leusth of a full·stze PHk'!JB stall This Provision for vehicle ovsrhaos shall not APPlY to comnact·saze wv:kins soaces . t ... .. • • 1 0 Entrances and Exits Areas subiect to wheeled traffic shall be Proxidpd with enVAPces and exits so located as to minimi1:& traffic consestion Yehiculv ioscess and emu to maiPr or minor artsials from off-stteet Pl[kios shall be so combined limited, locatgl desiRPed and cPPUPlled with flared and/or chapnelized intmectioos u to direct nffic to AP4 frpm such nublic risht-of-wav convenientlx safclv and in a man;sr which mioimims traffic interference and Promotes free traffic flow on the sreets without exceuive interruntion. 1...iiJWDi All lishtins shall be desisned and located so M to confine dimct ravs to the premises LiKhtios facilities shall he w ,a:ansed Jhat thev neiths ynreasgpabJy distµrb occupapts of adiacent residential nromes nor intmere with ttaffic Lishtins facilitin shall not exceed tweutv-five C25> feet in heisht 1. Restrictions on Use of Pl(kios Ar;a No Public or reauired parking area shall be used for the sale storasze. renair dismantlina or servicing of aux vehicles eouiomeot materials or sunPlies This shall oot weclv4c emersencv cePAio to a motor vehicle 111. Back:9utPark,,iog Parking arev for business and industrial 4iMcts and multinls·familx residential disgjcts not including one-unit and two-unit dwellioss thSlt ve P9Pconformins uses in the MY-B- l MY-B-2 or 1-1 or 1-2 Districts shall be desisnsxJ so that vehicles an; not permitted to back out of the PVkins uca onto a ooblic sm;et, 11. Allev lmProvemsnts Whenever access to the oark,ins lot or IWMJios ARM in anx hYliPFM or indusqial disb;ict is bx wax of anx allex, the develoner shall improve such allsx acss11 to Gill soecifications. S2· A site Plan showing locations and comPliancs with the above listed staodoaJa !ball he Provided to the Citv nrior to the establishment dexeloPmsPt w oPeWioP of an automotive sales or centaJ business. Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for th e health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of thi s Ordinance or it application to other persons or circumstances. Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or co nflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or confli ct. ' .. .. ) • • ) Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held 81 still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, 81 well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. fmll!X. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full and pused on first reading on the 6th day of December, 2004 . Published in full on the 10th day of December, 2004 . Douglas Garrett, Mayor A1TEST: Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and puscd on first reading on the 6th of December, 2004. Loucrishia A . Ellis • t .. • • Council Study Senion l 1/lS/2004 ORDINANCE NO. SERIES OF 2004 [J BY AUTHORITY A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTERS, SECTION 2, SUBS C(J) (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING FOR AUTOMOTIVE SALES, RENT AL, STORAGE, PARKING USES , ADD NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERJO S. WHEREAS , the Unified Development Code (UDC) of the Englew (EMC) sets forth the uses of property which are allowed in each of the City; and WHEREAS, some uses, whether "pcnnitted" or of some more 1 · type that require additional regulations called "Use Specific S WHEREAS , automotive sales or rental uses are uses whic WHEREAS , the Auto Use Committee has recommcn a phased approach to implementation of these standards for new automotive sales and rental ; and WHEREAS, the Englewood Planning and Zoning Committee 's recommendations and after a Public H the Ordinance with certain amendments; and mmission reviewed a draft based on the · g on September 21, 2004 recommended WHEREAS , the Englewood City Council, for the health, safety, and welfare of the ci · ugh its police powers, finds that it is necessary of Englewood to regulate automotive sales or rental uses; and WHEREAS, further modifications to th requirements for auto uses are being reviewed by the Eng lewood Auto Use Committee ; NOW, THEREFORE , BE IT ORD ENGLEWOOD, COLORADO , ---~ D BY THE CITY COUNCIL OF THE CITY OF t • • Section I. Title 16, Chapter 5, Section 2, Subsection C, Paragraph (3), is hereby amended by adding new Subparagraphs (11) and (12) to read as follows : 16-5-2 : USE-SPECIFIC STANDARDS. C . Commercial Uses 3. Automotive Sales, Rental; Commercial Storage of Operable Vehicles; Parking Area, Surface (Operable Vehicles); and Parking Facility, Structure (Operable Vehicles). I · Stapdarda •.!.il DNhu,ge, S11rftldng t111tl M""'1ffuuu:e Areas subject to wheeled traffic, whether for parking, sales, or storage, shall be properly graded for drainage, provide on-site detention of storm runoff, and be surfaced with a hard surfg pugyagt to 11·3-S Eye ud the Stggp Qraigass qiJeia adppJCid by tbF City, eeae,111, -,hallie eea8Nle, uphalt er hlieli ,.,. M, s11hjeel le the app,e, al ef the DepM'llllelll ef Mlie Welila. S11eh 81W 1hall he 11'18illlailled HI 1aad eaadiliea, he ef ;r, eede, dirt, 1F89h, a111I dehl'i1. •-W ~ """SCIWIUllg .+..-... 1111,jeet te •.t. heelN lleftie Illa.II IN p,a Jided •nith Nl'l'ie,a ef 1111h dint1111iem that H111p•ta er lllja11111 er Njeiaie1 ,eaideatial aw,...,., ... aet w111,_.a, .....,, .. eilllar .,, dey er Bi&h, h) the •• ,_, er ; ehiel11. Ual111 ethll'WtN pre'lided fer iB lhi1 Title, re, wit lle1111-, lille 1h11llillg difeelly ea • N1ideatial 18' • 'llrell er 1la11d r.., f'e1111 (11 1 .. ie11r (4) Nil high) ,hall ... pre; id1tli wllieh shall SIPI I M I IHtrPier le pM9&11 ef' peP1ea1, u111e ... ,rial, •ti liaht hm headlights. l:.and11api111 •• ae,eeaiag N~11ir1111111t1 ader Seetiea Ui fi 7 ~HG, else .,,a,,. An obscurios fence gr wall at lwt four l4l feet in heishL shall be installest along apy grppffly lipe NJippt gp I rpidpp1iallx zoned P(OPCrtv , fencg may pgg lzs JSAyirpd at HCP ppipJI Pf where a building prpyidg adseMIIG eem,ins ~. £Jl Marlillg of Pulillg Lots, Stn,eoua, utl C• S.. ,._ Parking spaces shall be marked and maintained oa tbc pavement, and any other directional markinp or 1i1111 allall be ina1alled u permitted or required by the· City to ennre tbe approved utilization of space, direction of traffic flow, end 1enenI safety. Spaces designed and used for the display or atorap of inventory in a sales lot shall not be required to be imrbd. ' .. .• • • ~ B11mJ¥r 11111. Curb,""' w,,-,s_,. To ensure the proper maintenance and utilization of these facilities, parking areas shall be designed so that a parked vehicle does not overhang the public right-of-way, or public sidewalk. A permanent curb, bumper, or similar device shall be installed that shall be adequate to protect the public right-of-way or public sidewalk from vehicular overhangs and to protect any structure from vehicular damage. fl,) lJJheel llepa IN di11ellflllN wh11e ~ may i111e,fere with effeetir. e 111ew elea,a11ee epWMiw. l,eeef4iegly, ·.wieel 11ep1 may he 118N in Nllti81118 lhe felle•.rAllg ll9el eal, z Vehiel11)1 wl Gew111ial s._.. efQp-hle ¥ehielee, +he llleppillg edge ef Ille wheel Slep shall he plaeed 118 elesw 1MB twe feel r.1111 Ille edges ef Ille p11hlie fight ef way, pllhlie sidewallt, er hllildillg. A plll'lled ,ehiele -Ye,.+ g a lm1d111ped-wl 1111 • twe tllel ef -h IMldse1pd -may 111 ieel11ded as a pm ef the llllglh er a Ml 1ie& paliling 1111111. 'Riis pre·.,isie11 re, vehiele 8% efheg shall 11e1 appl'.)I te ee111p1191 1ie& pllliliq 11p111111. e. ~ E111rt111ca IIIUI /JJda Areas subject to wheeled traffic shall be provided with entrances and exits so located as to minimize traffic congestion. Vehicular ingress and egress to major or minor arterials from off-street parking shall be so combined, limited, located, designed, and controlled with flared and/or channelized intersections as to direct traffic to and from such public right-of-way conveniently, safely and in a manner which minimizes traffic interfemice and promotes free traffic flow on the streets without excessive intenuption. /. ~ Ll611dlt6 All ligbtina shall be designed and located 10 U to confine direct rays to the pmniles. Ligbtin1 facilities shall be so arranged that they neither unreuonably disturb occupants of adjacent residential propc,nies nor interfere with traffic. Lighting facilities shall not CAcecd twenty -five (2S) feet in beipt. ., .:.. .. ,' • • ·• • • ,, tj c ---(J g .!Il, Proximity to Public Right-of-Way No equipment at filling stations or public garages for the service of gasoline, oil, air, water, etc., shall be closer to the public right- of-way line than fifteen ( 15) feet and shall n9t be located within the required sight triangle. It. (8) Restrictions on Use of Parking Area No public or required parking area shall be used for the sale, storage, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies. This shall not preclude emergency repairs to a motor vehicle. I. (9) Back-O•t Parking Pllfkieg IIA!las fer bll!lieess and i11d1tstFial distFiels BIid m1thiple fBJ11ily residential distFiets, 11e1 iRel1tdi11g e11e 1t11it BIid tv. e ltllit d .. elliegs that are 11eeee11fef1Bing 11ses iR the .MY B I, MY B 2, er I I er I 2 E>istFiets, Parking areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street. j.Ll.Ql Alley Improvements Whenever access to the parking lot or loading areas in any business or industrial district is by way of any alley, the developer shall improve such alley access to City specifications. Wl Lot froutase Dece shall he a minimum of KYFPlY·tixc f7Sl rm of frpptass on a maior oolJFSJgr gr artqjal rpadway fw IPY MK PllbliMSst under 16=S-2lCXJl EMC frppSfes iA bew! PP the most simificant adilSSPt uw;lwax FalMS PP mgrg thap cg PMior colle;tor or artetjal shall ggt l>s cqmbipql to gp;t mioirnvrn frppta@e regyirgp;pg. Buildinss Uoou the cstabliabrnsnt dexel9PJPEPL or S9PJO!FDFSiDlFDt of operation of ap automotive We or regtaJ busiPCM YK . PFW or existius buildios s shall be brpughg YR to the cWICPt mecific codes adooted bx the Citv iPGludios but QOl limited to · buildius etccuic Plumbing mechanical and zooins or the buildiosa must be rem oved Pri or to operatjng anx YK updq this PwmDh ·"· • ... .. ' • • ( C Section 2. Safety Clauses . The City Council hereby finds, detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part oflhis Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S, Effect of repeal or modjficatiop. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u ltill remaining in force for the purposes of sustaining any and all proper actions, suits, procttdings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6 . ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and . ev ery violation of this Ordinance. Introduced , rea d in full and passed llD first reading on the 6• day of December, 2004 . Publ ished in full on the I 0th day of December, 2004 . ATTEST: DouaJu Garrett, Mayor Loucn shia A. Ell i , C ity Clcrlt , .:._ .. • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a ttue copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6m day of December, 2004. Loucrishia A. Ellis • , • COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 6, 2004 11 a i Automotive Sale and Rental Uses in the MU-B-2 zone Initiated By: Staff Source: Community Develoµment Department Mark Graham, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ., Council adopted a series of goals for the 2004 South Broadway Plan: • Revitalize the corridor. • Support redevelopment of under-used properties. • Support multiple modes of transportation . • Increase diversification of City tax base. • Improve the variety of housing types and opportunities for workforce housing. • Pr epare five and ten-year public and private investment strategy for the corridor. Previous Council Action: • Council initiated the South Broadway Plan in December 2002 . • Council passed the Auto Use moratorium in September 2003. • Council appointed the Auto Use Committee September 2003. • Council held a study session with Auto Use Committee October 2003. • Council adopted the Unified Development Code in February 2004. • Council held a study session with Auto Use Committee September 2004. RECOMMENDED ACTION Staff r ec ommends Council approval of a Bill for an Ordinance establishing Use Specific Standards (ve rsion 2) for new Auto motive Sales and Rental businesses . Staff also requests that Council set a public hearing date of December 20, 2004 to gather public input on the proposed ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Attac h ed, Council will find two versions of a draft Auto Use ordinance . Version 1 is titled • Ap- prove d by the Englewood Planning and Zoning Commission 9/21/2004" and version 2 is titled "11 /12 /2004 -Auto Use Committee Version .• Both versions are provided for Council review as it, is th e practice to forward land use ordinances from the Planning and Zoning Commission. The Aut o Use Committee co ntinued to meet after the Planning and Zoning Commission hearing and this committee made some additional revisions that staff believes provide clarity and improvement t o the ordinance. As a result, staff is recommending approval of the Auto Use Committee Version . •· t • • Th e En gle wood Pl anning and Zoning Commission conside red and a pproved the proposed Auto- m o ti ve Sa le s and Re nt al use ordinanc e in a public hearing on September 21 , 2004. The Commis- sio n a pprove d the o rdinance with five standards labeled •a• thru "e :" a . b. C. d. e . lmpl e me n'l ation Period. Landscape Plan . Drainage. Min imum Lot Frontage. Bringing Buildings up to Code. As part o f the ir motion recommending approval of the ordinance to the Council, the Commission reques1e d that standards "f" thru •o • be added as shown in the attached "Commission version, "ti- ll ed "Approved by the Englewood Planning and Zoning Commission 9/21 /2004." With one excep- tion, these standards come from the fist of Use Specific Standards in the Unified Development Code (UDC). The exception is the Site Plan requirement which the Commission added. Th Auto Use Committee continue d meeting after the Planning Commission public hearing and has r ommended fur ther modification to the Automotive Sales and Rental ordinance (Version 2, I 1/12/2004). The Committ ee has provided a second version of Cound BiD 44 tided • Auto Use Committee Version" which i included for your consideration. Some re-ordering and rHlumbering h occurred. Standards ( 11) to, Fronui,e and {12) Buildings correspond to standards ·d· and •e• in the Commission version, two of the bolded "Whereas• statements, that appear in the Commis- 1 n version, reg.arding the "limited use• pr ovisions of the U.D.C. were deleted in the Committee ver ion. The Committee version also inclu des staff-recommended text revisions on standards ( 1 ), (2), (4) and (9). The ite Plan requirement has been eliminated. 16-5-2 : C. b . "lm plemenlalion Periods for Automotive Sales or Rental Use Specific Standards• has be n revised. In th e Committ ee version, auto use businesses operating in the ten years before January 1, 2005, roughly when C o uncil Bil 44, series of 2004 would become effective, are not re- quired to meet th e new lo t fron tage requirement Properties where auto use businesses have not operate d during 1he fi e years before applying for a limited Use Permit are subject to all of the standards unless th ey operate d du ring the ten-year period that exempts them from the minimum lot frontage requirement. In the Comm ission version, the time frame was based entirely on the period prior to the applica tion for a limi ted use perm it. Th e Committee version does not exempt proper- lie from an requirements where an auto use existe d O to fiv e years before limited Use applica- ti o n, like the Comm, 10n v r ion d,d. o uth Broad-.,ay Plan (S BP) provid es support for the proposed addi- nd rds " for •auto,motive sales a nd rental uses; commercial stmage of , urface (operable vehicles); and parking facility, structure (operable tand.lrds would impro\ e th e automotive sales and rental business devel- ontinue to enhance th e Broadway corridor when imple- d development standards: ements enhancing vehicle an d pedestrian safety. t -~ .•' • • • Promote economic growth in Englewood by building on Broadway character, community image, identity, and quality of life. IMPLEMENTATION The proposed standards apply to new automotive sales and rental businesses, new parking lots and parking structures. Properties where automotive sales or rental uses were licensed to operate be- tween January 1, 1995 and January 1, 2005 are exempt from the minimum frontage requirement Agreement on the proposed Committee version of the ordinance was reached by the Auto Use Committee whose members were appointed by City Council. The committee indudes representa- tives of automotive sales businesses and property owners, staff and Council. The recommended implementation schedule takes into consideration the business cycles that temporarily reduce the demand for auto sales and rental businesses as well as their investment in property-and improve- ments. The schedule is a compromise that the committee believes is fair and acceptable to existing automotive sales and rental businesses and property owners. FINANCIAL IMPACT The proposed ordinance does not have any direct financial impact on the City. LIST OF ATTACHMENTS Version 1, Council Bill 44, •Approved by the Englewood Planning and Zoning Commission 9/21/2004. Version 2, Council Bill 44, •11/12/2004 -Auto Use Committee Version•. Motor Vehicle Dealer license Requirements. • Motor Vehicle Dealer License Requirements/ Dealers =Colorado Department of Revenue A1110 /""-try DllliJion (JOJ) 10J-J61U Motor Vehicle Dealer License Requirements 0 Page I of2 Appllcallon: Submit original application and addendum. All requested information must be provided including all boxes marMd "yes" or •no•. All -,..· answers requlnt an explanation . Application must be signed by owner, corporale ofllcer or LLC member. Ftnanclal ......_.II: Current, accurate information is required . Follow instructions carefully . The Dealer Board requires a net worth of at least $50,.000. CNdll a ... u l'9pClft: A cndit bureau report will be obtained on fNery applicant This repOJt is an indicator of an applicanfs 1lnancial fttness. The Dealer Board requires an empirica score of at least 600. It is suggested that if you are not sure ol your score that you contact Trans Union to run your own credit report If derogatory in formation appears, it must be resolved or explained in an attachment to your application. Background check: A background check will be done on every applicant If the applicant has ever been aneetld, charged with , convicted of or pied no contest to any felony or misdemeanor crime in the past ten years, excluding traffic violations , supporting court documents must be included with the application . Place of bual .... affidavit: Complete the appropriate sections and sign . Place of business for dealers must satisfy the following requirements: • Permanent enclosed office with electrical service and restroom . • Space to display one or more vehicles . • Open to public a minimum of 12 hours a week. • In compliance with local zoning . • Used exclusively for the dealer busine11 or incidental businesses, such as parts, repair, etc . • Sharing the site with another business owned by another person Is NOT permitted . • A permanent sign displaying busine11 name , clearly visible from the street • Premises owned or leased by dealer. Wholesalers are not required to meet the place of business requirements , but must maintain an office In which all vehic:le records are maintained . Written examination: Mastery Exam -Must score 100% on open-book exam . Each owner or corporate member must have completed and submitted the "Mastery Test'' or they must be currently licensed as a dealer or salesperson . Business Documents: If filing as a corporation or an LLC a copy of the stamped articles of incorporation/LLC filed with the Colorado Secretary of State must be submitted . If the corporation is out-of-state a copy of the Certificate of Author ity is required . If filing as a partnership a signed copy of the partnership agreement Is required . Franch se agreement: If applying as a franchised dealer please ensure that the manufacturer is licensed lo do business in Colorado . You may ask for a copy of their license or contact our office . If the manufllcturw ii llcen8ed you will need to obtain a letter from them stating that you are authorized lo aeU their product tine . Dealer plate affidavit: Application for dealer demonstration and full-use plates must be complead and signed http ://www.mv .state.eo.us/dlr/dlrreq .html " t ..· . . •' .· • • Motor Vehicle Dealer License Requirements/ Dealers Page2 of2 Colorado Sales Tax LlcenH: (Colorado Business Form) -Copy of the sales tax license or a copy of the aales tax application stamped with Dept of Revenue's "received" stamp as well as proof of trade name registration. Fff: Check payable to Department of Revenue . See fee schedule . Bond: $30 ,000 surety bond in legal name and D.B.A. Bond must be signed by owner or partner, corporate officer of LLC member. ••• AID I Revenue I Top last modified: 08-04 11/11/2004 t • • 0 Approved by the Englewood Planning & Zoning Commission 9/21/2004 BY AUTHORITY ORDINANCE NO . SERIES OF 2004 A BILL FOR COUNCIL BILL 44 INTRODUCED BY COUNCIL PERSON ------ AN ORDINANCE AMENDING TITLE 16, CHAPTERS, SECTION 2, SUBSECTION C, BY THE ADDITION OF A PARAGRAPH 13, TO THE ENGLEWOOD MUNICIPAL CODE, PERTAINING TO PERTAINING TO NEWLY ESTABLISHED AUTOMOTIVE SALES OR RENT AL USES. WHEREAS, the Unified Development Code (UDC) of the Englewood Municipal Code (EMC) sets fonh the uses of property which are allowed in each of the zoning districts of the City; and WHEREAS , some uses, whether "permitted" or of some more limited allowed use, are of a type that require additional regulations called "U~e Specific Standards"; and WHEREAS, automotive sales or rental uses are uses which require additional standards; and WHEREAS, the Auto Use Committee bas recommended a phased approach to implementation of these standards for new automotive sales and rental uses; and WHEREAS, the Englewood Planning and Zoning Commission reviewed the draft based on the Committee's recommendations and after a Public Hearing on September 21, 2004 recommended the Ordinance with certain amendments; and WHEREAS , this Ordinance exempts Automotive Sales and rental uses from any other requirements ofth~ Limited Use provisions of the Unified Development Code; and WHEREAS , any conflicts between this Ordinance and the Unified Development Code will be reviewed by the Community Development Department for resolution; and WH EREAS , th e Englewood City Council, through its police powers, fmds that it is necessary fo r the hea lth , safety , and welfare of the citi zens of Englewood to regulate automotive sales or rental uses; an d WHEREAS , when an auto sales or rental use has been dark for ten years or more and the auto sa les or rental use is reopened or reestablished by the same or another owner, then the use will be trea ted the same as a new use : for example an auto sales or rental use which bas been closed since 1994 will be treated the same as a new use when it is again opened as an auto sales or rental use in 2005 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GL EWOOD , COLORADO, THAT : Sec ti on I . Title 16, Chapter S, Section 2, Subsection C, Number (3) is hereby amended by the de letion of"Auto motivc sales, rental " from the heading of thi s paragraph, to read as follows : ' • • ·• • • 0 0 16-5-2: USE-SPECCFIC STANDARDS . C. Commercial Uses 3. A11temetl~·e Hies, re11tal Commercial Storage of Operable Vehicles; Parking Area, Surface (Operable Vehicles); and Parking Facility, Surface (Operable Vehicles): and Parking Facility, structure (Operable Vehicles). Section 2. Title 16, Chapter 5, Section 2, Subsection C, is hereby amended by the addition of a new Paragraph 13, to read as follows : 16-5-2: USE-SPECCFIC STANDARDS. C . Commercial Uses .u. Automotive Sales or Rental Use; New auto Wes or rental use Ifan auto llWIU never existed on the subject P[Qperty all Use Specific Standards ~ 0-5 xc;ao since auto Wes or ceutal use on same property If an auto use was le@allv established on the same oroPSrtv within the five xem orior to submitting a comoleJF develoPmem APPiication then the USC is PPl subiCGJ tg any of the Use Specific Stapdards in this Section Landscape Plan. , 5-1 o van siQCF auto sales or RPtal use OP HIDE property All excent d 75' lot frontage If an auto use opc;rage4 more thap five but less thAP ten YSifll Prior to submitting a cgmpJets 4eYelomneot appJicatiAA thqJ it shall meet all Use Specific Stapdards except thaJ it is pog mU&iml to prgyjde 75 feet gffipptyp on public Risht-of· WAY The IPPWYII apd imPIEPJFOtatiPP of the agprpygl lew!wrc ply puqyagt to 16-6:7 EMC shall be obtainM nrior to the Fl1fhlilbPJFPt 4ml'PPCPt or 9PSIUPP of m automotive sales or ccotal business Drainage, surfacing and maintenance Jfapaytg HK bu oot operated for WI vean then it is g;gµirp;l to meet au of the Use SPCSific Stapdards Uooo the establishment develoomeut or commenccmcot ofoPFrations ofa i1K updq this Paragraoh, areas sub iect to wheeled vaffic whether for parking w MJes shall he orooerlv graded for drainage orovide on-site desention of stoPP rupoff, and J>e aurfm with a hard surface oursuaut to 11-3-5 EMC and the Storm Qrainase Criteria adppted bv ~ Lot frontage There shall be a minimum of seventv-five (75} feet of frontase op a maior collestoc or arterial roadwav for apy use estab lishe4 under 16-5·2CCX3Xl3l EMC frpptyc is bewJ on the most significant ad iaccut roadwav Frontase op mgre thap PPG maior oollectsn: or arterial shall not be combined to meet minimum frpptase CFAuirpppas,. t ... ·., • • ,. &.· i., ·• • • f nerabgpg . fan automotive . r or commencement o \rought YR to the. current a,;w,... w;,"""111 d.,..,. . liP• truilllill" MAI' 1>s · INikliP• ,,_, . Uggn tt,c ",!; bwincu 111$;""' 91 'JbllliPR illll 1¥11 "":'!....am 19 """'"'' sales_ or rep A9pted by the snx m the byjldjpgs must r spec1fic codes a . 1 and zompg or . Majptepance ·gg ales O --swfac w hall be nmPFrlx r storae:e, '-· ed t'th . '"' SIIIHFIP& 111111 ,, wJwhGr Wpolllli 111111 IIIIIRll 111111 l>s YII of tt,c = IYl>iW 19 -= PA·lilS "T"': :!;!, WiW 19.: .::: ... 1isc or graded for dra•r~ge~opcrete asphalt or ~~I be majptajped IP g concrete aspha ";uc Works such areas s occypan . ht by t e . directly op shall serve ejther by day or mkypdary Ijpe .obYU&PK Ibeprpyjde4, whjch this Jit!e for each r, m !eet hggh} ~al &o haHjghts face {epce (at least w':e material and hght "of""91P log d .. , ..... UilUL ._ dC~--•SPFPI IQ_ · M • 1s sqyctures, AP . jped op the PA uired by the cnx _iu, ofMIPR l&l>s .. -111111. mNPII M -...... -WGIY PadiPR '""V':1 ~, liRPI 111111 l>s , ... .::=. .. Pl ..... ~ :.1111 111111 ..... -· I mar Jp __ --, f snacc --f · entorv JP --·-d.i{cctmpa d utiljzatgop 0\ -storage O &PY the approve_ ---r, the d15piay or --ensure . ed and use<Jor Spaces design -ked g;gyjRd IP b, l1Hr . . AS m;ililiR JMIPllll ""t 111111 '«l!GG! iil9Pi . B 111111 Yli"rAAIMI pf oh-· 1111a Pllll!i< ........ Bwnpq Cud>,= ms PIPW -".::.., -I< dPs! 1191 PY m ,lmilar limFc 11111 ~;, ill To GIii-~ dw I --mb bwppq -,. y pt pu __ _ 1bill hs lkll1!1101t,&1 A -.. 1111a pyblis DRIii-Pf·::.. YGlliswlll wax or pybhc ~aft be adequate to p1tt~c protect any structure jpstaHed that 'vehjcylar overhangs AP sidewalk from -·111-...... ,. onY.bcc l SJom bclS 11,;, IPIY iDIFPRI' •,:. .. ;, !SllliPA IP U "" Iii-Roi W b,d "°"' IQIY i>s w Wheel stops --. ops However w ---*'""' PPClJIII BFm,i. "9Kr llllP gwg ksl AIIIP-YS SOI<! h ,I .... llllll l>s Aful:.,.. 11 INillliPR . of the w_c __ --pybhc ,,_ __ (l>l Th, IIPPPWR W lllzbs liRbl,,Pl· Wll< gwg fat Ph11'b luua 11,;...., ,nbc • -...., -~ HP f~ Mi-JiK PIPms . , av overhang a art of the Icp_ 9 comptct-m,c ' .. .. • • .i. • • Entrances and Exits Areas subiect 10 wheeled traffic shall be orovidcd with cnmmces APd exits so located as to minimi1& traffic consestion Vehicular inmss IPd csress to maior or minw Nlerials from otT·street parJsins shall be so combinc4 limited locawt designed and controlled with flared and/or channelized intersections as to direct ttaffic to AP4 frqm such ouhlic risht-of·wav convenientlv safclv and io a manner which minimizes traffic interference aod Promotes ftee traffic flow on the streets without excessive interruntion. lJWill& All li@hting shall be desisned and located so as to confine direct ravs to the vcemises Lightius facilities shall be so ag;anged that thex neither uru;easonablx distµrh occuPAPts of adiacent residential vronerties nor interfere with traffic LishtinB facilities shall not exceed twentv-fixe C25} feet in hei2ht 1-RcsWctions on Use of Parkios Aref No oublic or reauiW ming area shall be used for the ale, stomse n;pair dismagtlins or servicing of apy vehicles eauinmeut mater;ials or SUPPiies This shall not orcclude emersencx regain to a motor vehicle m. Back-Out Parkins Parking ;v:eas for business and industtial disgjcts and multinle-fatpilv ceaideotial distticts not including one-unit and two-unit dwellinss that ve pgpcggfogpius um in the MY-B- l M\J-B-2 or 1-1 or 1-2 Districts shall he designed so that vehicles vs; not nermitted to back out of the Parking area onto a aublic sb];FL 11. Allex lmorovemeQlS Whenever access to the Parkins lot or loadios ars;as iu apv bYlineu or ipdusttial disttict is bx wav of aov allcv, the develoPer shall improve such allex accns to Citv soecificatious. O· A site vlan showing locations and comvliance with the above liue4 SfD4ardl shall be Provided to the Citv orior to the establishment dcxelonment or ORFration of an automotive sales or rental business Section 3. Safety Clauses . The City Council hereby finds, detennincs, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, an,d welfare of the public, and that this Ordinance is necessary for the pre servation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 5. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such incon sis tency or conflict . ' ... ,• • • Section 6. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held u still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full and passed on first reading on the 6th day of December, 2004. Published in full on the 10th day of December, 2004. Douglas Garrett, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and puscd on first reading on the 6th of December, 2004. Loucrishia A. Ellis • • Council Study Session 11/15/2004 ORDINANCE NO . SERIES OF 2004 BY AUTHORITY A BILL FOR COUNCIL BILL 44 INTRODUCED BY COUNCIL PERSON _____ _ AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 2, SUBSECTION C(3) (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO STANDARDS FOR AUTOMOTIVE SALES, RENT AL, STORAGE, PARKING USES AND, ADDING A NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERIODS. WHEREAS, the Unified Development Code (UDC) of the Englewood Municipal Code (EMC) sets forth the uses of property which are allowed in each of the zoning districts of the City; and WHEREAS, some uses, whether "permitted" or of some more limited allowed use, are of a type that require additional regulations called "Use Specific Standards"; and WHEREAS , automotive sales or rental uses are usca whieh require additional standards; and WHEREAS, the Auto Use Committee has recommended a phased approach to implementation of these standards for new automotive sales and rental uses; and WHEREAS, the Englewood Planning and Zoning Commission reviewed a draft based on the Committee's recommendations and after a Public Hearing on September 21, 2004 rccommendecl the Ordinance with certain amendments; and WHEREAS, the Englewood City Council, through its police powers, finds that it is necessary for the health, safety, and welfare of the citizens of Englewood to regulate automotive sales or rental uses; and WHEREAS, further modifications to the requirements for auto uses are being reviewed by the Englewood Auto Use Committee; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GLE WOOD , COLORADO, THAT : ' .. .. • • Section I . Title 16, Chapter S, Section 2, Subsection C, Paragraph (3), is hereby amended by adding new Subparagraphs (11) and (12) to read as follows : 16-S-2 : USE-SPECIFIC STANDARDS . C . Commercial Uses 3. Automotiv~ Sales, Rental; Commercial Storage of Operable Vehicles; Parking Area, Surface (Operable Vehicles); and Parking Facility, Structure (Operable Vehicles). 1· Standards •.LU Droin•ge, S11rftu:ing """Mtlinlnttu1ce Areas subject to wheeled traffic, whether for parking, sales, or storage, shall be properly graded for drainage, provide on-site detention of stonn runoff, and be surfaced with a bard syrfacs pursyapt to 11·3-S ENC and the Storm PmiPIRF critqia adqptpd by the City eeaerN, aaphakie eell8Nle, 11phak er Melt,., ... slll,jeel le the app,e, al ef the l>epal'llllelll ef Plllllie Wem. 811eh ueae ahell he maintaiaed ia 1aed eea4iHae, free ef •»eeda, _..., "89lt; 1111d dehfis . II. a} .,,._ 111111 SCl'ffllUlg 1..--w slll,jeet le r.r.rlieeled tNRie allall he pre, idell with harriers ef 111eh llillleMie• thel 88111f1Hl8 ef lllijae1111 er lllijeillillg reaidellliel 1tNet11Ns -111M WHHMllly ...,.,Iii eith• h, llay er lligh., hy lhe 1118'!;'11118111 ef \ ehielea. \181111 etherwi11 pre ,ided fer ia thia Title, fer eaeh he11&1ia,y lille llh11lliag diteetly ea a reeicleatial let; a wall er ele11d r.ee fwe (el lwt fe11r (4) feet high) allall he pr8'!;'id1II. whieh ahall NrYe aa a hurter ta 11••&1• af pe,ae111, wMle m1twiel, 8M lithl f,am headligllltl. baad1ea,i11g •• 11,eeeiaa N~11irem11111 1111der 8eelie11 16 6 7 8MC, alee app&,. An qbscyripg fmce w wall at IGNJ fom C1> fem in height, shall he ipsta)Jcd algps NIX prppqty line lflilfrAJS tq I oait1mtMllx zoned prppqty FGPGGI max ggt INi [FQuirpd at """ poipgs or whse a buildWB proyida 14FAYIIF IGDiCPinB e. (ll M•rkillg of Pukbtg Loa. Stn,cmra, 111111 c,,, s.Ja Lots Parking spaces shall be marked and maintained on the pavement, and any other directional markings or signs shall be installed u permitted or required by the City to ensure the approved utilization of space, direction of traffic flow, and genenl slfety. Spaces designed and used for the display or storage of inventory in a sales lot shall not be I equired to be marked. t . .... ,• .. • • .t!i} B11m~r flllll. Curl>, MIi WINdS,q. To ensure the proper maintenance and utilization of these facilities, parking areas shall be designed so that a _parked vehicle does not overhang the public right-of-way, or public sidewalk. A permanent curb, bumper, or similar device shall be installed that shall be adequate to protect the public right-of-way or public sidewalk from vehicular overhangs and to protect any structure from vehicular damage. (I,) \1Jheel atepa 81'1 diseellflllN 9.,h.,. they ma, iaterfere with effeetiwe sae N elea,aaee ep.atieas. ft,eeeNillgl), .. heel atepa -y lie •ed ia ieleliea te the fellewiag -eal,? (I) .\lllemetir,. e Sales. R•lal; Vehielell)i wl Cew,eiel 8te,age er Qp..iile ~ 'Rte aleppiag edge erllie wheel lllep &hall lie plaeed ae elea• the twe feet h111 lhe edgee ef Ille p11lllie right er .,, •,, plllllie aidl'IA ellt, er INiWiag. lip '8 twe feet er 8118h ........ , ... -1118) ... iael11ded ea e pen er Ille lellfllh er e Ml MIii pe,liiag IMII. 'Rli1 prewiai8R fer nhiele 8'\'erhHg ahell aet apply te B8111plel ·-perWag ., ..... e. U} Enll'flllca ,uu/ Exit, Areas subject to wheeled traffic shall be provided with entrances and exits so located as to minimize traffic congestion. Vehicular ingress and egress to major or minor arterials from off-street parking shall be so combined, limited, located, designed, and controlled with flared and/or channelized intenections u to direct traffic to and from such public right-of-way conveniently, safely and in a manner which minimizes traffic interference and promotes free traffic flow on the streets without excessive interruption . /. ~ Ligl,tbtg All lighting shall be designed and located so u to confine direct rays to the premises. Lighting facilities lhall be so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic . Lighting facilities shall not exceed twenty-five (25) feet in beigbL t ... .. .. • • C - g.!.ZJ. Proximity to Public Right-of-Wq No equipment at filling stations or public garages for the service of gasoline, oil, air, water, etc., shall be closer to the public right- of-way line than fifteen ( 1 S) feet and shall not be located within the required sight triangle . It. (8) Restrictions on Use of Porking Areo No public or required parking area shall be used for the sale, storage, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies . This shall not preclude emergency repairs to a motor vehicle. Ir (9) B11ck-011t Porking Parkiag areH fer l,11aiae88 ad iad11awial dia&'iel!i ad ra11laple family Msideatial dis&'iel!i, aet iael11di11g e11~ 11nit ad w:e llflil dweUillga dtat are aeaeenfel'llliag 119e9 ia die MU 8 I, MU 8 2, er I I er I 2 Qialfiets, Parking areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street. jJ.UU Alley Improvements Whenever access to the parking lot or loading areas in any business or industrial district is by way of any alley, the developer shall improve such alley access to City specifications. Wl Lotftqp1Me There shall he a minimum of KYSiJUY·fixe C75l feet of ftqpJMe PP a maior mlls;ctpr or ,nqial rpadway for IPY use gtablishM upder J§-S-2<CXll EMC frontage ii buel on the most simificant wtilfsSPJ rpadway fmqtass PP P¥B thap one maior collCSJ9C or arteial lbtll not IF FPJPl,ioM to JPFCI minimum froptasc rpjlyjrpg;pg. Buildiosa Ugop the gtablilbmm,,,, 4cYelPWPFPb or comJPSiPcePJGPt of oPCrati9D ofap aytgmptiye We or rental hminess HK. pew or exi5llns buildinss aball be brovsht YR to the cwm» specific codg adoPIM bx the Citv includins but not limi\e4 to · bvildins, elcsttic pJymbins mechanical 1Pd zooins or the buildinss must be rEJPPvcd nrior to 2PCratin,1 apy use vwkir this faggraph Q. lm olementation Periods For Automoti ve Sales or Rental Use Specific Standards , W If an auto PK has not exists4 siPGF J,oyary l 1995 PP the wbiect prgpqty, all Use Speci fi c Standards of this fvegraph 3 lbfll applx .. ' _ ....... .... • • -- al If the ownec of an automotive ales and motal HK prppqty docYQ)FQts Jhat an IJllgmptiye IIIFI and rental YIF WM licmat tp 9PFA&G by tbe State of Colorado on the subiect PmPRlY after January 1, 199~ but bu PAI W5P licFDK4 to oPGRte an autgmoijxe ale or moSAI HK for the five YSH pqiod Prior to the date of IPRlication for limilt4 HK thpp the prppqty WU me;t all the Use Specific S11o4v4! updq this $ubsect;iog J FIGGPS the p;gyirqnqrt to prpyide zs feet o[froptage set forth io l§-s-2ccv3x,y1 D EMC. Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4, Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of repeal or modjficatiog. The repeal or modification ofany provision oftbe Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as weU as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full and passed on first reading on the 6* day of December, 2004 . Published in full on the 10th day of December, 2004 . AITEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk t • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, bm:by 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 6@. day of December, 2004. Loucrishia A. Ellis • ,.. t • • ORDINANCE NO . SERIES OF 2004 BY AUTHORJTY A BILL FOR COUNCIL BILL 44 INTRODUCED BY COUNCIL MEMBER.~~~~~~ AN ORDINANCE AMENDING TITLE 16, CHAPTERS, SECTION 2, SUBSECTION C(3} (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO STANDARDS FOR AUTOMOTIVE SALES, RENTAL, STORAGE, PARK.ING USES AND, ADDING A NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERJODS . WHEREAS, the Unified Development Code (UDC) of the Englewood Municipal Code (EMC) sets forth the uses of property which are allowed in each of the zoning districts of the City ; and WHEREAS , some uses, whether "permitted" or of some more limited allowed use, are of a type that require additional regulations called "Use Specific Standards"; and WHEREAS , automotive sales or rental uses are uses which require additional standards; and WHEREAS, the Auto Use Committee has recommended a phased approach to implementation of these standards for new automotive sales and rental uses; and WHEREAS, the Englewood Planning and Zoning Commisaion reviewed a draft bucd on the Committee 's recommendations and after a Public Hearing on September 21, 2004 recommended the Ordinance with certain amendments; and WHEREAS , the Englewood City Council, through its police powers, finds that it is necessary for the health , safety , and welfare of the citizens of Englewood to regulate automotive sales or rental uses ; and WHEREAS , furth -:r modifications to the requirements for auto uses are being reviewed by the Engl ewood Auto Use Committee ; NOW , THE REFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD , COLORADO , THAT : • t .. • • -- • (J Section I. Title 16, Chapter S, Section 2, Subsection C, Paragraph (3), is hereby amended by adding new Subparagraphs (11) and (12) to read as follows: 16-5-2 : USE-SPECIFIC STANDARDS. C . Commercial Uses 3. Automotive Sales, Rental; Commercial Storage of Operable Vehicles; Parking Area, Surface (Operable Vehicles); and Parking Facility, Structure (Operable Vehicles). I · SllQdl(ds •.ill Drainage, S11rfru:illg 111111 Mtdnte111111ce Areas subject to wheeled traffic, whether for parking, sales, or storage, shall be properly graded for drainage, provide on-site detention of storm runoff, and be surfaced with I hard surface pµrsuagt to 11-3-5 EMC apd the Stgpp PmiPIRF critqia NkzRtFd by the Citv eewlle; aaphaltie 1a111Nle, .,111111 er Miek pet;11P&, s,11,jeet te the app,e,lll eflil, 9epal'lmllll ef Pulie Wens. S1111h arw shall he maiallliH4 in 11ead ee11dilie1t; fNe ef weed!I , dirt, trash, ed dehl'is . •. £2) ....._ Mll&nniag ,6trw 111lt,j18118 nh11IN llaflie &hall he p,e,itled ~ Nl'R8'8 ef 1111h dimeuiea& lhM e1111p111118 af IMlj••• er Mjeilli11g r11idellliM ..... ...,,, aN aat w1•1MIII, ali1twll8', eilh• 1,y day er 11ipt, hy Ille _,, -•• ef r. 1hi1l11. Ylllw elil• ,,i11 1''8'1idN rer ill thil 'J'illl, rer Heh he1111-, lilll Hllllillll dire .. l) 111 a 111iil1111ial let; a wall er 1111111 r.. fwe (el INlll re11r (4) feet hip) IIMII he I'"" i••lii whieh IIMll •-• • a h8fllier le P•MI• af p111&111, nW mallPial; aad lilM fNm heallligh19. b&11M1apie1 aad 1er111Ha1 N1t1tir1m11111 1111111, S11liBB Iii fi 7 &UC, alee appl). An pbscyripg fgce or wall at k,pt few <4> fg;t ip bsrishL shall he ipgallgl alms IPY prppgty lips Nlilf:SAt Jg I JPidpptiallx mngt prppgty FPMi:SI may PAI be rpguirpd I& IFFCM poipg gr wbm I building JIPYi4R wkeYIIF !SJPFPiPB "· LJl MarAiJt6 of Parlua1 Lots, Slnidaira, 81111 C• Sas Loll Parking spaces shall be marlted and maintained on tbc pavement, and any other directional mamn1s or sips sball be imlallecl u permitr.ed or required by the City to ensu,e the approved utilization of space, direction of trafl"ic now, and aeoenl safety. Spaces desiped and used for tbc display or storqe of invmlOry in a sales lot shall noc be required to be marted. 2 t .. ... ..• • • .i!i} B11•per W Curb,""" WlwelS.,,, To ensure the proper maintenance and utilization of these facilities, parking areas shall be designed so that a parked vehicle does not overhang the public right-of-way, or public sidewalk. A permanent curb, bumper, or similar device shall be installed that shall be adequate to protect the public right-of-way or public sidewalk from vehicular overhangs and to protect any structure from vehicular damage. (l,) '.\lheel llapa are tlilae1:lfflltNI nheN lhey may i11terfflr1 with effeeti • e 1aa" elearallee epe,etioas. !,eeerMll:gl), n h11l llepe may he 11888 in ,elatiea 18 the fella'A iaa -aaly: ¥1hiel•)1 wl Ce~ial S'8f118 efQp-.1,le \fehiel11. plaeed ae ala•• thM l\ue feet tre111 lh1 N111 ef the ,11llli1 ftsht af ._.,. pHlie aide•xallt, er INiWiftt. A,..W ,Nielemaye • .+ 1•1 d rsr1d11911M up '8 tu nil ef N8li lalldn1p1d 1191 may lie iell11dad e1 , p8l'I ef the 1-,lh ef, fltll •• pMHII 11811 . 'Rlie previeia• fer vehiele a , 1,... .WI aet a,ply le eelllf89leial,._..1p,111. e. U} ElllnllCO .-Exit:, Areas subject to wheeled traffic shall be provided with entrances and exits so located as to minimize traffic congestion. Vehicular ingress and egress to major or minor arterials from off-street parking shall be so combined, limited, located, designed, and controlled with flared and/or channelized intenectiou as to direct traffic to and from such public ript-of-way conveniently, safely and in a manner which minimizes traffic interferaice IDd promotes free traffic flow on the sueets without excessive interruption. /. (§.} U11Ubt1 All lipting shall be desiped IDd located so as to confmc diRct rays to the premises. Lightina facilitia shall be so uraqed dw they neither unreasonably disturb occupants of adjacent residential propeniea nor interfere with traffic . Lipting facilities shall not exceed twenty-five (2S) feet in bcipt. 3 • • g .Ql. PN»cb,uty to Publk Rig/tt-of-Wq No equipment at filling stations or public garages for the service of gasoline, oil, air, water, etc., shall be closer to the public rigbt- of-way line than fifteen (IS) feet and shall not be located within the required sight triangle. It. (8) Rutrictions on Use of P,u/dng Aru No public or required parking area shall be used for the sale, storage, repair, dismantling or servicing of any vehicles, equipment, materials, or supplies. This shall not preclude emergency repairs to a motor vehicle. Ir (9) Bod-Out P,uldng Plfltiag 11'8118 fer l111siness lllld illd11alfial dialfietll and 11111hiple fllllHI)' ,eaideatial dialfietll, eel illel111lillg e119 llllil IHWI IWe 1111i1 dw8llillga lhal -11e11eallfel'IIHll8 -ill Ille MY B I, HY B 2, er I I er I 2 9islfiela, Parkjpg ag;as shall be designed so that vehicles are not permitted to back out of the parking area onto a public street. j,WU Alley l"'Pro-elllS Whenever access to the parking lot or loading areas in any business or industrial district is by way of any alley, the developer shall improve such alley access to City specifications. il.U Lot frontage Dm ""'' be a minimum of ISYPISY-fivs cz,> CM ef (mns,es op a maiw oollPEW or artgia1 owbm fw: MY MM sebliebrtd undq 16:S-2lQC3) EMC frppJMe ii beeal fll Jhs PlP8 siBPifiFIPt adiesmt owbm Fom!lu AP P¥IF Jheo APG majw collg;tgr gr IQS(ial ""'' 095 he rnrnbirwl J9 P!MI minimum &gpgag5 JFSWDiO)PJI · Wl Buildios, Yoon the qtabfia!JrnmL 4Fxel9PP!FDL or oorn'PFOOFJIPJt of . opqatiop gfap ayggmptjye pig SI £Sltal !n!liTM w · PFW W existins huildio11 lblll M mnasht MP IP the 9RIFP5 IPPEiOs cgd;s adopted bx the Citv iDcludio, but P9I limiggt tg· bvildios elestric Plumbins JDSifibtoical IP4 nine gr lbc huildioa mu.It he rqpoygi gripe to pp;ptips MY MIS ypdg this Paryraph Imol ementation PRi941 For AutoPNtixe Sale or Rmtal Us SPFSific SW¥1euJa !lJ. If ap automotive Miss AP4 [R)ta) YK bas pot exiMPi 1is JIPYVY 1 l 99S on th e subiect property all Use Specific Sllodenb of thia Ppggph 3 lbtll IFIY 4 • t • • W If the owner of an automotive aia apd n;ptaJ YE PfPPR1Y doc11mm11 thaJ ap aytgmogiy; yip and regta) YK WU lifrAJR1 tp 9PCP&F by JhF SWG of Coloradp op the IUbiect property IAe: lMMIEY I 1n, but bu pgt w lifcFDrcr4 19 operate an w,tpmgtiye eJa gr n;ptaJ HIS fw the five xw PFriod prior to the daJS of appJifftigp for limjtgl YIE the the PfPPR1Y IMll lQCFl all the Use Specific Sllode,W nw1Gc this §ybactigg l GJSiFPJ the rmyirppeu to Provide 75 feet gffipptage KS forth in 16-5-2lCX3XIYI l) ™C Section 2. Safety Clauses. The City Council herd>y finds, determine s, and declares that this Ordinance is promulgated under the genenl police power oftbc City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a coun of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsistent Ordjpancq, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modificatiop. The rcpcal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be lrealed and held u still remaining in force for the purposes of sustaining any and all proper actions, suits, procttdings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well as for the purpose of sustaining any judgment, dccn:e, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6: fenalty,_ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced , read in full, amended and passed on first reading on the 6* day of December, 2004. Published in full as amended on the I 0th day of December, 2004 . ATIEST: Douglas Garrett,,Mayor Loucrishia A. Ellis , City Clcrlt 5 I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, amended, read in full, and passed on first reading on the 6 .. day of December, 2004. Loucrishia A . Ellis 6 .... COUNCIL COMMUNICATION Date: Agenda Item: Subject December 6, 2004 11 a ii Exchange of Permanent Easements - Bates Logan Park Initiated By: Staff Source: Department of Parks and Recreation JeITell Black, Director cf Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Staff recommends Council approve a bill for an ordinance authorizing an "Exchange of Permanent Easements • between Diana & Leigh Bray and the City of Englewood located at 620 East Bates and Bates Logan Park along the City Ditch. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Bray property located at 620 East Bates extends to the west of the City Ditch bordering Bates Logan Park . This easement will allow the City of Englewood to continue to receive access to the City Ditch for maintenance and repa irs. It will also prevent the removal and/or relocation of several established trees at Bates Logan Park. The Brays will be able to have better access to their property that b o rders the City Ditch on the west side. FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an'Ordinance • t ORDINANCE NO. SERIES OF 2004 BY AUTHORITY AN ORDINANCE AU'l1IORIZINO AN "l!XQIANOB OP~ EAS!MENTS" BETWEEN DIANA & LEIGH BRAY ANO fflE crt\" OF t ENGU!WOOD. COLORADO 1N 1111! VICIN1TT OP'BA1'88 LOGAlf Pilk .\ND THE CITY DITCH. WHEREAS, the Brays are the owners of real property located at 620 East Bates Avenue; and WHEREAS, the City is the owner of the real property, commonly known as Bates- Logan Park; and WHEREAS, the passage of this Ordinance authorized the "Excbange of Permanent Easements" the City and the Brays each agree that the location of the common boundary line between Bates-Logan Park and 620 East Bates; and WHEREAS, the City grants to the Brays a perpetual Easement over, under, across and through the Bray Easement Property for use as a private yud for 620 East Bates, but subject to the right of the City to enter and maintain the City Ditch; and WHEREAS, the Brays grant to the City, its successors and assigns, a perpetual easement ("The City Easement") over, under, across and through the City Easement Property for use and maintenance as 111 public Park; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The "Exchange of Permanent Easements between Diana and Leigh Bray and the City of Englewood, Colorado, attached hereto as Attachment l, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Exchange of Permanent Easements" for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of December, 2004. -1- • • Published as a Bill for an Ordinance on the 10th day of December, 2004. ATTEST: Douglas Gamtt, Mayor 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 copy of a Bill for an Ordinance, introduced, read in full, and passed oo first reading on the 6tb day of Dcccmbcr, 2004. Loucrisbia A . Ellis -2- EXCHANGE OF PERMANENT EASEMENTS TIIIS Exchange of Permanent Easements {the "Excbangej is ratified this __ day of -----~ 2004, by Diana Bray and Leigh Bray {"The Brayaj, wboec address is 2890 S. Clartson Street, Englewood, CO 80113, and the City of Englewood {1'be Cityj, whose address is 1000 Englewood Parkway, Englewood, CO 80110, for valuable consideration as described herein: Recitals: A. The Brays arc the owners of real property dacribed in Exhibit A attached hereto {620 East Bates). B. The City is the owner of the real property, the relevant portion of which is described ·in Exhibit B attached hereto and commonly known as Bates-Logan Park ("Bates-Logan Parkj. C. The Brays and the City now desire to exchange easements relating to die property known as 620 East Bates and Bates-Logan Park. The parties covenant and agree as follows: I. Bray Easement Property . The Bray Easement property shall mean the land located in the County of Arapahoe, State of Colorado, more panicularly described in Exhibit C, consisting of one page, attached hereto and incorporated herein by reference. The Bray Easement Property is the land granted by The City to The Brays. 2. Grant ofBray Easement. The City hereby grants to the Brays, their successon and assigns, a perpetual easement ("The Bray Easement; over, under, across and through the Bray Easement Property for use as a private yard for 620 East Bates, but subject to the right of The City to enter and maintain the City Ditch. a. Appurtenance of Bray Easement The Bray Easement shall be an easement appurtenant to the property at 620 East Bates and may not be transferred, assigned or conveyed separately &om such property . b. Consideration for the Bray Easement In coosideration for the Grant of the Bray Easement, the Brays shall KrBDt to the City the City Easement C. Rights of City. The City reserves the full right to the undisturbed ownership , use and occupancy of the Bray Easement Property insofar u such ownership , use, and occupancy i1 consistent with and does not impair the rights granted to the Brays in this Exchange. d. No Improvements to the Bray Easement. The City covenants and qrees not to construct, erect, place or plan any "Improvements," • defined -. I A t t a C h m e n .. ... 1 . ' ... .. • • • herein, on the Bray Easement without obtaining the prior consent of the Brays, except such improvements as are necessary for the maintenance of the City Ditch. "lmprovemenlS" shall 111C1D any suueture, building, planting, trees, shrubbery or garden other than a grass type lawn. The Brays shall have the right to remove, without any liability to grantee, any improvemenlS constructed, em:ted, placed or planted on the Bray Easement without having obtained the City's prior written consent, except such improvements as are necessary for the maintenance of the City Ditch. If such prior written consent is not oblaiDed, the Brays shall not be responsible for repair or replacement of the Improvements if they are damaged during construction, maintenance, repair, replacement or enlargement, except for those improvements necessary for the maintenance of the City Ditch. e. Subjacent and Lateral Support of the Bray Easement Property. The City covenants and agrees that the Brays shall have the right of subjacent and lateral suppon on the Bray Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to the City in this exchange. f. The Brays will be responsible for the maintenance and irrigation of the Bray Easement Property, except for the City Ditch and appunenant structures, which will remain the responsibility of the City. The Brays will have the right to install landscaping, irrigation equipment and fences in the Bray Easement Property. So long as they do not interfere with the use and maintenance of the City Ditch. 3. City Easement Property. The City Easement Property shall mean the land located in the County of Arapahoe, State of Colorado, more particularly described in Exhibit D, consisting of one page, attached hereto and incorporated herein by reference. The City Easement Propeny is the land granted by The Brays to The City . 4. Grant of City Easement. The Brays hereby grant to the City, its successon and assigns, a perpetual easement ("The City Easement") over, under, across and through the City Easement Propeny for use and maintenance as a public Park. a. Appunenance of City Easement. The City Easement shall be an easement appunenant to Bates-Logan Park and may not be tr1111Sferred. assigned or conveyed separately from such property. b. Consideration for th City Easement. In consideration for the grant of the City Easement, the City shall grant to the Brays the Bray easement. c . Rights of Brays . The Brays reserve the right of access across the City Easement Property and all other ripts in the City Easement Property not inconsistent with the use of the City Easement Property by the City as described herein . d. Access to City Easement. The City shall have perpelU&1. nonexclusive right of ingress and egress in, to, over, through and across the City 2 ' ... .. () • • ( ( s. e. Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to the City Wider this Exchange . No Improvements to the City Euemenl The Brays covenant and agree not to construct, erect, place or plan any "Improvements" u defined in paragraph 2 d above, on the City Easement without obtaining the prior consent of the City. The City shall have the right to remove, without any liability to grantee, any improvements coasuucted, erected, placed or planted on the City Easement without having obcained the Brays' prior written consent If such prior written consent is not obtained, City shall not be responsible for repair or replacemem of the Improvements if they are damaged during construction, maintenance, repair, replacement or enlargement. f. Subjacent and Lateral Support of the City Easement Property . The Brays covenant and agree that the City shall have the right of subjacent and lateral support on the City Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to the City in this exchange. g. The City will be responsible for the maintenance of the City Easement Property, including irrigation , mowing, tree aimming and other care of the landscaping. The City will keep the City Easement Property entirely landscaped in grass and without any substantial change in the grade, except that the City will have the right to plant new landscaping, including trees, bushes, shrubs and other plants. The city will install no improvements of any kind above or below the surface or at grade except for irrigation equipment in the City Easement Property. Preservation of Existing Right of Way . The Brays hereby covenant and agree that this agreement will not alter or affect the right of way for the City Ditch or the right of the City to enter onto portions of 620 East Bates for the purpose of maintaining the City Ditch pursuant to the Deed of Right of Way recorded March 27, 1,876 in Book 82 at pages 470-471 and the Notice of Prior Recording of Easement Recorded May 3, 1999 as Reception No . A9071994 , excep1 that the City agrees that the location of the fence, as shown in Exhibit E. will not interfere with the City 's maintenance of the City Ditch . The City further agrees that when such fence is constructed, the City will use the gates as currently installed for Ditch maintenance and rep air exclusivel y. 6. Binding Effect. This Exchange shall extend to and be binding upon the heirs, personal repre sentatives , successors and assigns of the representative parties hereto . The terms , covenants and conditions in this Exchange shall be construed as covenants running with the land. 7. Boundary Agreement. The City and the Brays each agree that the location of the common boundary line between Bates-Logan Park and 620 East Bates as depicted in the attached Exhibit E. 3 t ·:O. .. • • 8. Public Park. If Bates-Logan Parle ever ceasea to be owned by the City or a successor public entity or ceuea 10 be Uled • a public pert. lbe easements granted herein will terminate . lbe Exchange of Permanent Easements rarificd u oflbe dale tint set above . CITY OF ENGLEWOOD Attest: Loucrishia A. Ellis , City Cleric Diana Bray STATE OF COLORADO ) t) (Al V tll._ ) SS . COUNTY OF .t&'cP1\U6E ) The foregoing was signed before me by Diana Bray and Leigh Bray on r1+y 6 J I a?OO I/ My Commission expires : My Comn1lllion &pne 08l3ll,2)07 A t -~ • • IIHIMA LIGAI. DaCall'IIDlf .t. 'l'IIACl' 0, LAD DI 'ID SOll'l'IIIAII' IMGI m .. ,. ,sr 1" Oil S&CIIDII Jil. lOW1liliif 4 IOU11L MRGlt a WIITOlr'IBI P•.11. ...,..,-,,AS JaU.OWII COMMINC1NG4T AJODff 1211111TIIOa'IIIAIIDmllnlAl'l'Ol1111 IOOl&wm cmNDOf 'l'BIGUl'IIIAl'l'WGl'ID -.tUAff utO, IAID acDDII Ml I MiiliCZ &di' Ill mr, IWIMS llllffll• l'Ul'I dDC1 war 111mra 11IDCS --·• •mr101111,mrra,IIGINNllC. Da:Pl'111&T•ADHMMN9•111J11SJ111AT•.ta1J61, a>cJlffY a, .... dlla. l'l'A'IZ 0,COUll,t8C) EXHIBlT"B" LEGAL DF,sCRIPTIQN A TRACT OF LAND IN 1llE SEY. NE Y. OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PM. WHICH TRACT IS A PORTION OF A TRACT CONVEYED TO GEORGE R. LeFEVER BY WARRANTY DEED DATED JUNE 16, 1953 AND RECORDED SEPTEMBER 15, 1954 IN BOOK 877 AT PAGE 151 OF 1llE RECORDS OF 1llE ARAPAHOE COUMTY CLERK AND RECORDER WIUCH TRACT JS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNlNG AT THE SOUlllWBST CORNEil OF SAID SE Y., NB ~ OF SECTION 34, WHICH CORNER IS MONUMENTED BY A RAILI.OAD SPID; THENCE NOP.111 00°00'00" EAST 690.0 FEET (ASSUMED BEARING); 11IENCE NOR111 W27'15" EAST 652.S FEET; THENCE NORTH 00°04'25" EAST 300.1 FEET; 11IENCE NOP.111 89°29'40"EAST 132.7 FEET, MORE OR LESS. ALONG THE SOUTH BOUNDARY OF SAID TRACT DESCRIBED IN BOOK 877 AT PAGE lS l (ARAPAHOE COUNTY) TO ITS INTERSECTION Willl TIIE WESTERLY RIGHT OF WAY LINE OF THE DENVER CITY DITCH (SAID RIGHT OF WAY LINE IS 30 FEET FROM AND PARALLEL TO THE CENTER LINE OF SAID DITCH), SAID INTERSECTION IS 1llE TRUE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE ON AN ARC TO 1llE LEFT (HAYING ARADRJS OF t24.6FEE't AND CHORD BEARING NORTH l9"10'12"WEST 36 .0 FEET ) 36 . l FEET TO A POINT OFT ANGENCY; THENCE NORTH 27°28'20" WEST 127.8 FEET TO A POINT OF CURVATURE OF AN ARC TO THE LEFT (HAYING A RADRJS OF 144.6 FEET AND CHORD BEARING NORTH 47°38'30" WEST 99 .7 FEET); THENCE 101.8 FEET ALONG SAID ARC TO A POINT OF TANGENCY; THENCE NORTH 67"48'40" WEST 19.4 FEET TO A POINT ON EAST LINE OF TRACT DESCRIBED IN BOOK 882 AT PAGE 404;. THENCE SOU1ll 00°03'35" WEST 223.4 FEET ALONG EAST LINE OF TRACT DESCRIBED IN BOOK 882 AT PAGE 404; THENCE NORTil 89"29'40" EAST 162. 7 FEET ALONG THE soum LINE OF TRACT DESCRIBED IN BOOK 887 AT PAGE 15 l TO THE TRUE POINT OF BEGINNING; COUNTY OF ARAPAHOE, ST ATE OF COLORADO . ' TriStllte Sur?Jeying, Inc. Bradley D._Prterson, PLS /JRU 30, 2003 ~r".i" • ..\n easemm: gnuzud by CM Ciry of'E•gln,ood :o :Jw ;,ro,err-..1 u ~ti izt R4c~on .'lo .. "i90Ci'82l oj ~ .-lniptairoc C~ ~cards ,'flOJ't ;,artic-,,jiJlrly tUSC'ibtd ,:u jollaws: Beginning izt :Ju Mr:hwtsr cOTMr of ~Ju ;,ropa:-.; .z.s dtiC'ibt!d at Rlcqrion ::Vo. ,t9047S21 oj th, :\rtlpaho, C111mry rteon&. s11ui ;,omr also bnnf .i ;,o111r an :Ju SOllth riglrr of l'DIZ!f line oi &z:a ."i11aw, ill'Ul pomr .ii.a acmg an th6 r.oar.rly wu cJ,f ~ east I93 f••r of .i fHlJ'Ul .is tlacr.ba :11 ~ok r.7 .it pap 151 of :lw Arrq,IUIOe Ci11U1ty m:rml.s, 11rer~. SOO°!l '03 "E, izlang Yid ..nsurly line, 11 dtttau af oi' .13 .ta: :o IZ poi1ar S.oO ft~ nor:h of :Ju soutlrcly most ;,emir on !la, :uarc!y mos: Uu af tu propr.ry ..s daci~tt .it Rurrrfon .'la .• -\904:3"..:! of ;Ju .i.nq,tdaoc C"1'11:'/ rrcords: Tt1fflce .V;"6'50'08"W, dqa1T:11f said XM, .i Jis~ana o/10.-.'7 jttt: TtUnCt -:V06 '50'51 ·• !, a distance of 63..19 jur :o ~ ;,om: Jn :Ju >mah rigltt of way wu of Baus .ivmiw. · TtZDZ~~ V89"29'33"E. along said rignt .oj:uay !iM, a dis:ana o/2.00,"rtt to tlu paint iJ_f 1'tg!1ffling. 511:d ,mscnent .:amains an ana oj -MJi 5'1· /t. or O.Ol ..en. IIIDn 11r I.as . i185 :i Bamt0ck 5rrea Lml.r.on. CO 30210-.3819 C - 0 Tri State Sur1Jeying, Inc. Bradley D. Peterson, PLS Octoba 30, 1003 Easnnent "B" An tasffllfflt' gnmud to the city of Englewood by ti¥ ;,,opnty 1U ~ tit Iuuptian No. A.9047821 of tJw .i.1'11JHU1Dt COJOJty ncords mare ,-rtiaUIITly described as folloflJs: Beginning 11r II paint on a am,e at :Ju ?Dfftfl'ly mosr C:tlr'nD' on m. south linl of tJw ,rropmy 1U tlucribcd llt Iuceprion Na . .4.9047822, 5"ill paint tilso bang th tDl!SUTl'!/ most c:ornff on the ff01"thnly most line Lot 1, Nermuum Stdt.; rlrmu along tJw soKtlrwestnly lint of the propOTJ a dacribtd at R«qtion No. .-19047821 of the :4.11ifPahoe County records, ,,lfia !w also bang :ht norriwutaly most line of a parc:tl as recortUli in Book 1561 at Pap 161 of the .,vqahoe County nt:OJ'tU, tlu follOUIUII fOVT (4J couna: 1) 34..93 fut along tM arc of a 124.60 joor 7'IZ4i1'S am,e, wnaH long c:honl ba1'5 Nl8°5D'OO"W, 11 tlistsmct of 34.82 jar to a point of !llngmcy; 2) N2i"35'28"W, a dist471ce oj127.43 ftn to II point of an11aum; 3) 102.16 fen along the arc: of a 14'.oO faor rlUlivs QQ'Dt, whose long chord onn N47"36 '07"W, " tlistanct of 100.05 feet to a pomt of-:ango,c,; 4> N68°54'22"W, a disrlatct of 19.18 fart to II point on tlw ioatnly line of tlw east 193 fttt of a ptitttl a tlac:ribtd in Book 87: llt Ptigt 151 of m. AnrpflJIM Count!J reconls, thoict N00"2l '03"W, along saill wesurly lm. Mitt li1w also being the westerly lint of :ht property as daaibctl at ~c:eptitm No. .490C7S2l of rhe .triipllhot County records, a distanct of 8.60 Jr.; tlrena tlqll1'tmf S4li4 lw a1Ul along a lint 8.UO jett nOYtirt,u;urly of an.d ;,anili.l with w ~Ly line oj -:he prop~ as ihsc:rlbcd at ~c:r,,tion No. :4.9fHi821 of the.~ Cormty rtt:ords the /olloi,,ing tlrne {3) c:arnus lJ S68°54'21"E, a disttmee of 22.39 jeer to ii point of c:urr,atun; 2) 107.87 feet along rhe arc: oj a 13260 joot radius c:-.m,t, whou long c:lumi bM1's 547"37'08"E, a tlistance of10!.o"1feet to a point ojtlUlgmt:'/j 3) 527"35'28 "E, a dis:ance of 113.86 Jeer to a point; thfflce S13"15'52"E. Upllffllll said pal"allel line, a distance of 50.00 fut to a ;,amt on the ~ly most 1-of the propmy as thscribtd ar R~c:epticm ~o. A.9047821, sllill pomt also bang on the northerly mDst lint a/Lot l, Ne:muann S11b, thfflce SBY'-9'33"W, tilong ,ai,j lint, a distance of 1. 04 feet to the point of &,ginning. Saia eiisnnent contams an area of 2,070 ii#· ft. or 0.05 riaa, man or l.sa. 7185 S. Bannock Strttt Littlnon, CO 90210-3819 " ·I t [ ' ) • • ( ' ------,----_,,_. __ -... ~--.. ----'II.- "':.-- ( --••111.· A-~-~~--- ----------- • • r I • ( ( • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject : December 6, 2004 11 a iii Bill for an Ordinance Rescinding and Approving an Intergovernmental Agreement with the Board of County Commissioners of the County of Arapahoe, State of Colorado Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council passed the original Intergovernmental Agreement on final reading August 16, 2004. RECOMMENDED ACTION Staff recommends Council approve the attached bill for ordinance rescinding the previous inter- governmental agreement and approving an amended intergovernmental agreement regarding the Open Space Tax with the Board of County Commissioners of the County of Arapahoe, State of Colorado. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On November 4, 2003, the voters oi Arapahoe County approved a county-wide sales and use tax of one- quarter perce nt sales tax on eligible sales to be used for specific Open Space objectives. Highlights of th e original and amended Open Space Tax and Intergovernmental Agreement include: • Without furth er voter approval, the tax will expire on D ecember 31, 2013. • The tax rate is one-quart er of a percent (.25 % or 25 cents on every 100 dollars) • Each municipality loca ted wholly or partially in th e County will receive a Shareback distribution. • Distributions are allocated based on available collections and the relative population (u pdated annually) of ea h municipality compared to the incorporated population of the County. • Distributions fo r 2004 will be made on or before December 31, 2004 and on or before June 1 for subsequen t years. • Each municipality must ent er into an IGA with the County to receive a distribution. • Each municipality sha ll collect th e County's Open Space Use Tax on building and construction materials . Up to fi e percent of the taxes collected may be retained to offset the cost of collection. • The use of the funds is limited to open space, existing/new neighborhood parks and sports fields and up to t en p ercent for maintenance of existing or new open space properties, neighborhood parks and sports fie lds. ' .. .. • • C C .. • Beg inn ing in 2005, and each subsequent year, municipalities must file an Annual Municipal Expenditure Report within 30 days of each December 31 . • Funds may be banked from year-to-year. • Interest earnings on funds are restricted to the same use as Shareback Funds. • Each municipality must certify in writing that the Shareback Funds were used in conformance with applicable County resolutions. • Improper use these funds may lead to a loss of distribution. The changes made to the amended agreement are limited to provisions darifying municipalities' duties regarding the collection and remittance of building use taxes. No alternatives were identified. FINANCIAL IMPACT Entering this agreement will enable the City of Englewood to daim its proportionate share of the Open Space collections. The County estimates Englewood will receive $500,000 in 2004. UST OF ATTACHMENTS Bill for an Ordinance. • • 0 ( ORDlNANCE NO. SERIES OF 2004 BY AUTHORITY • n u 0 AN ORDINANCE RESCINDING AN INTBllOOVERNMENTAL AGllEBMBN1 WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF RAPAHOE AND AUTHORIZING AN AMENDED INTBllOOVBRNMBNTAL AGREEMENT PERTAINING TO "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 on eligible sales which will expire in 10 years unless reauthorized by an affirmative vote, 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 sbareback provision of the Open Space Sales and Use Tax ("Sbareback 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; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Agreement with Arapahoe County concerning "Open Space" Tax Shareback Funds by the passage of Ordinance No. 48, Series of 2004; and WHEREAS, after the City passed Ordinance No. 48, Series of 2004 Arapahoe County amended the Intergovernmental Agreement for "Open Space" Tax Sbarebaclt Funds; and WHEREAS, the changes made to the amended agreement are limited to provisions clarifying municipalities' duties regarding the collection and remittance of building use taxes; and WHEREAS, the passage of this Ordinance rescinds the original Intergovernmental Agreement and approves the amended "Open Space" Tax Shareback Funds Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS: Section 1. The City Council of the City off Englewood, Colorado hereby rescinds the Intergovernmental Agreem~nt previously accepted by the passage of Ordinance No. 48, Series of 2004. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes entering the amended "Intergovernmental Agreement" between Arapahoe County and the City of Englewood, attached hereto as Attachment I, pertaining to "Open Space" Tax Shareback Funds. -1- t .. .. ,. • • 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 first reading on the 6th day of December, 2004. Published as a Bill for an Ordinance on the 10th day of December, 2004. Douglas Ganett, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of December, 2004. Loucrishia A. Ellis -2- C C -( ·• • • INTERGOVERNMENTAL AGREEMENT 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 use tax of one-quarter of one percent (0.25% or 25 cents fur every $100 dollars), which will not be collected on sales of food or prescription drugs, and which will expire in 10 years, to be used for specified Open Space objectives u set farth 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 use tax be put before the voters on November 4, 2003;and WHEREAS, Resolution No. 030381 provides for a sharcback provision of the Open Space Sales and Use Tax ("Sharcback Funds") to be distributed to municipalities wholly or partially within Arapahoe County; and WHEREAS, Resolution No. 030381 requires that these municipalities enter into Intcrgovcmmcntal Agreements with the County before they receive Sbarcback 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 arc authorized by Article XIV, Section 18 of the Colorado Constitution and COLO. REV. STAT.§ 29-1-203'(2003); WHEREAS, Resolution No . 030381, in part, provided that each municipality sbaU 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 u follows: 1. The County shall distribute to the City its proportionate share of Sbud>lck Funds, as more fully described in Resolution No. 030381, oftbe annual revenue collected fiom the Open Space Sale and Use Tax . 2. reference . Resolution No . 030381 is anachcd hereto u Exhibit A and incorporated herein by .. ' .. .. • • 0 • • 3. The amount of Shareback Funds distributed to each incorporated munici p ity, 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. 4. The population figures will be updated annually bued on the latest available final population estimates provided by the Demography Section of the Colorado Department of Local Affilirs or any state agency which takes over the duties and responml,ilities 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 ofSbareback Funds will be on or about Mmh 31, 2014. 6. The City specifically agrees that it shall only use its Shareback Funds for the Open Space uses as set forth in Section VIII (E) of Resolution No. 030381 as well as to purchase 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 (100/o) of its Sharcback Funds distributed by the County annually to maintain existing or new open space properties, neighborhood parks and sports fields. 8. The City further understands and agrees that, after receipt of its Shareback 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 every December 31•, the City agrees that it will certify and submit in writing to the County that the S~ Funds were used in conformance with Resolution No. 030381, and/or designated to be uaed in a manner consistent with Resolution No. 030381. The expenditures and/or designated expenditures of its Sharcback 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 11 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 fiom year to year u long u said funds are 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 Reaolution No. 030381. Further, when any and/or all of the Sharcback Funds are reserved (banked). the purposc(s) for which the funds will be used must be stated in the City's Annual Municipal Expenditure Report . 2 ' ,, • • 0 ( ·•- • • l.·,-·-·1· ~1.__). 11. Upon written notice from the County's Open Space Manager, informing the City that it has 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 deaned to be 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 ofReisolution 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 City 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 Manapr. 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 Sbareback Funds will be distn"buted, based on the latest available final population estim•tes provided by the Demography Section of the Colorado Department of Local Affilin or any state agency which takes over the duties and responsibilities of said Demogrephy Section. mnong the other participating, incorporated municipalities. 14. The City understands and agrees that no lend or interests acquired with the revenues from the Open Space Sales and Use Tax may be sold, leesed, 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 inten:st has been given, the proceeds shall be deposited in a City Open Space Fund to be used for purposes consistent with Reso lution No. 030381. 15 . The County hereby specifically delegates. pursuant to County Resolution No. 030381 and COLO. R.Ev . STAT.§ 29-1 -203(1)(2003), authority to the City to collect the County's Open Space Use Tax. 16 . The City understands and agrees that it will use its best efforts end reuonable methods to collect the .25 percent Arapahoe County Use Tax on building end com1n1Ction materials and will forward. on a monthly basis, by the end of the next monlh after the monies ere collected, (to facilitate such collection), such tax minus up to fi ve percent (of the .25 pen:enl tax collected ), minus any refund given on previously collected building use tax, to the Arapahoe Count y's Sales Tax Analyst, 5334 South Prince Street, Littleton, Colorado 80166 . The City shall 3 ' .. .. • • ·• • determine and use its own policies and procedures, including any exemption amounts, when it collects the Arapahoe County Use Tax. A copy of the City's policies and procedures relating to the w,.. taX is attached hereto as Exhibit B and incorporated herein by reference. 17. The County acknowledges and represents by entering into this IGA, the retention of up to five percent of the .25 percent use tax collected, u set forth in Paragraph 16 of said IGA, is not a violation of Section m (C) of Arapahoe County Resolution No. 030381. 18. The City understands and agrees that the County may conduct, at the County's expense, a review and/or an audit of the City's records to verify collection by the City of the County's Open Space Use Tax. 19. The County understands and the City agrees and represents that the City's policies and procedures (to the extent such policies and procedures exist for collection of use taxes) provide for collection of the County's Use Tax in accordance with the provisions of Paragraph 16 above. However, it: following a County review and/or audit u set forth in Paragraph 18 above perfonned in a manner consistent with the provisions of the Colorado Open Records Act, Section 24-72-201 et seq., the County detennines that the City failed to collect the County's Use Tax in accordance with the City's policies and procedures (if such policies and procedures exist for collection of use taxes) and this IGA, the City sball be deemed to be in default of the IGA. In the event of such a determination of default, the City will be provided 60 days to modify its policies and procedures (if they exist) or to modify the manner of collection if policies and procedures do not exist, to rectify the default of the IGA and to notify in writing the County's Open Space Manager of the actions taken by the City to bring it into compliance with the IGA. The City's failure to modify its policies and procedures, or its manner of collection if policies and procedures do not exist, in order to avoid any future failure to properly collect the County's Use Tax will be a deemed a breach of the IGA and Shareback Funds accruing to the City during the period of such breach will not be distributed for the period of said breach. If the City's policies and procedures contain a procedure to remedy the failure by the City to collect use taxes and to collect unpaid usc taxes from the taxpayer, the City shall follow such procedure and notify the County's Open Space Manager whether such tax bu been collected and will promptly forward any collected usc tax to the County u provided in Paragraph 16 above. The County and the City acknowledge and agree that the County will not seek payment from the City for the County Use Tax which was not collected provided the City has used reasonable efforts to comply with the City's collection procedures and the provisions ofthis Paragraph. 20. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the 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. 21 . 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. 4 ' . ... ,, • • -- ( 22 . 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. 23. Notices. as referred to in this Agreement, lhall be sent to: COUNTY: Board of County Commisaioncn of Arapahoe County 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 East Briarwood Avenue, Suite 100 Centennial, Colorado 80112-38S3 and Open Space and Trails Advisory Board c/o Arapahoe County Public Works and Development Dcpartmmt 10730 East Briarwood Avenue, Suite 100 Centennial, Colorado 80112-38S3 CITY: CityofEnglcwood 1000 Englewood Parkway Englewood, Colorado 80110 and Daniel Brotzman, City Attorney City Attorney's Office 1000 Englewood Parkway Englewood, Colorado 80110 24 . This Agreement shall be govcmcd by, and shall be c:omtrued in ICCOl'dlnce with, the laws of the State of Colorado . s f• t • • - 25. This Agreement constitutes the entire qreemenl of the parties hereto. The parties agree that there have been no 1ep1ew1l1li.ona made rcprdina lbc subject IDlltcr hereof olbcr tbwn those. if any, contained herein, that dua Apecmmt comtibdel the entire aareemmt of lbe pwrliea with acspcct to the subject IDllt« bereo( wad 6D1ber qn,e thwt the ffrioua pn,milcw wad covenants contained bc:rein are mutuwlly qreed upon wad wn, in CODlidawtion of one IIIOlbar. 26. This Agreement shall inure to the benefit o( wnd be binding upon, the Parties to this Agreement. 27. If litigation is commeaced by cilbcr party CODCC1uiug tbia Apecmmt, the prevailing party shall be entitled to n,cc,vcr its rcuonwblc attomey's feel wnd COIII &om lbe olber party. 28. This Agreement may be termma&ed by either party upon thirty (30) days written notice to the other party. IN WITNESS WHEREOF, the County and the City have executed Ibis Agaecmcnt a of the date set forth below. DATED this __ day of ______ __,2004. ATIEST: By. _______ _ City Clerk APPROVED AS TO FORM: By:. _______ _ City Attorney ATTEST : Nancy A. Doty Cleric to the Board By: _______ _ APPROVED AS TO FORM: By. ________ _ Assistant County Attorney CITY OF ENGLEWOOD: By:. ________ _ Namcrritle COUNTY OF ARAPAHOE STATE OF COLORADO By: _____ ~--- Chwir, Solid of County Coamrilliomn 6 .... . .. ... t • • .. ·• • 0 0 RESOLIJTION NO. 030381. It was moved by Coillllissipner Mackenzie and duly seconded by Commissioner ZimDer to adopt the following Resolution: WHEREAS, the Board of County Cmaissioners and the Open Space and Trails Advisory Group have detei:ained 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 the funds in its treasury sufficient to finance acquisitions of open space without curtailing to an unacceptable level other services which the County is obligated to provide; and WHEREAS, the County is authorized by law to impose a sales tax~ the sale of tangible personal property at retail nd the furnishing of services and a use tax for the privilege of using or consuming any construction and building aateriala 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 Caaiasioners bas detexmined 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 frca which will be restricted in application to the Open Space objectives as set forth more fully herein; and WHEREAS, the Board of County Coaaisaionera has detenained that a question regarding the illposition of a sales .and use tax for the purposes enunciated herein should be subaitted by the Board of County Ccanissioners to the eligible electors of the County; and WHEREAS, the Board of County Caaissioners bas reviewed the proposed ballot question to be considered at the November f 003 election; and • WHEREAS, pursuant to Section 1-5-203(3) C.R.S., the Board of County Ccaaissioners must certify ballot contents to the Arapahoe County Clerk and Recorder for said Noveaber 2003 election; and 1 ' .. .. • • -·• • • 0 NOif, THEREFORE, BE IT RESOLVED by the Board of County Ccaai.ssioners 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 ~f 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 uae or consuming in the County any construction and building materials purchased at retail, and for the privilege of storing, using or conauming in the County any motor and other Vehicles, purchased at retail on which registration is required, all in accordance with 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 beccae 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 (0.2SI) 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 terms and conditions: A. Transactions Subject to the Sales Tax. 1. The tangible personal property and aen'lces taxable hereunder shall be the s... -as the tangible personal property and services taxable pursuant to Section 39-26-104, c.a.s., subject to the same< exemptions as those specified in Section 39-26-114, C.R.S., including, specifically, and not by way of limitation, the ex9111>tion for sales of food (as the teEa •food• is defined in Section . } 2 ' ... • • ; . •"\ .:. .. 39-26-102(4.5), C.R.S.), .. exempted fraa the Colorado state sales tu pur•uant to Section 39- 26-114 (1) (a) (XX), tbe uaption for ftlldin9 -chin• aalu of food, as deacriJ:Mtd in Section 39- 26-114 (7 .5), c.a.s., . the uaption for parcbue• of -chinery and -cbiu tool• apecified in Section 39-26-114 (11), c.a.s., tbe uaption for aalea and _purcbue• of tboee it-liated in Section 39-26-114 (1) (a) (XXI), the Ulllption for occaaional Alu by a cbaritable organization, u pl:Orided in Section 39-2&-lU<ll>, c.a.s., the ... axaaption for Alu and purcba... of fam aqaipaent or fam aqaisaant under leue or contract uapted fraa the Colorado state Alea . taz, pursuant to Section 39-26-11'(20), c.a.s., ' axc:eptinCJ frca the definition of •fuit aqaiFaent• puts used in the repair or -1nteaanc:e of fam aqaipant, all abipping pallata or aicla paid for by a fam oparatiOG, · and aircraft cluipad or adapted to undertau a9ricalt11ra1 operationa, and the axtllption for aalu of lov-eaittin9 aotor ftbiclu, power aourcea, or parts waad for conftrtiJMJ aucb power •ouce•, •• apecified in Section 39-26-114(22), c.a.s. 2. Such Nlu tax aball not apply to pasticidu tllat are recJiatered by the Colorado ca..iaaicmer of A,Jricultura for UN in the pndlaction of a9ricultural and 11-...toct pzodacta, panant to the prorisiona of tba •PuUcicle Act• Article 9 of 'Ihle 35, c.a.s., and offend for Al• by dealer• licanaed to ..U ncb puticidu, panaant to Section 35-t-115, c.a.s., nobritbatanding tbe removal of ncb puticiclu frca tba Colorado state sales tu baH, panuant to 8oue 1111 99-1311, enacted at th• first ncJQlar auaion of the Sixty- Second General AaNably. 3. SUcb •l•• tax aball not apply to the sale of conatruction and buildiJMJ •teriala, u the •\era 1a UHd in Section 21-2-10,, c.a.s., if such -teriala are plctad ap by . tbe parcbuer and if the purcbaHr of aacb -terial• pnaata to the retailer a buildiJMJ peadt or other clo.._tation acceptable to the County nidencing that a local uH tu has bee paid or is required to be paid. 3 .. t • • a. 4. 5. ·• • • 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 aeet 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 r9CJistered outside the limits of Arapahoe County under the lava of the State of Colorado. ' Such sales tax will not be iapoaed upon the sale of tangible personal property at retail or the furnishing of services if the transaction vaa previously subjected to a sales . or use taz lawfully illpoaed on the purchaser or user by another statutory or boae 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 illpoaed hereunder by Arapahoe County with respect to such transaction equal in aaount to the lawfully illposed local sales or use tax previously paid by the purchaser or user to the previous statutory or hc:me rule county. The aaount of the credit shall not exceed the sales tax illposed hereunder by Arapahoe County. 6. Such sales tax will not apply to the sale of food purchased with food sta11ps. For purposes of this section, •fooc1• shall have the -anin9 aa provided in 7 u.s.c. Section 2012(9) 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 suppleaental food prograa for VQll8Jl, infants and children, 42 o.s.c. Section 1786. For purposes of this section, •food• shall have the s... -aninCJ as provided in 42 o.s.c. Section 1786 as .auch section exists on October 1, 1987, or is thereafter amended. DeteDlination of Place at llhich Sal•• are Conauaaated. For the purposu of tbia Resolution, all retail sales shall be considered con.uaaated at the place of busineaa of the retailer unleaa the tangible personal property sold is delivered by the retailer or his agent I• ' .... .. ., • • 0 ·• • to a destination outside the limits of Arapahoe County or to a comaon carrier for deli very to a destination outside the limits of Arapahoe County. The 9rosa receipts froa such sales shall include delivery charges when such charges are subject to the Colorado state sales and use tax illpoaed by Article 26 of Title 39, C.R.S., regardless of the place to which delivery 1a made. I~ the event a retailer has no peJ:manent place of business in AraPA:tioe Comity, or baa aore than one place of business, the place or places at which tbe retail sales are c:onauaaated for the purpose of a sales tax imposed by this lluolution shall be detel:llined by the provisions of Article 26 of Title 39, c.a.s., and by rules and regulations proaul.gated by the Depertaent of Revenue. The aaount subject to the sales tax illposed hereunder shall not include any Colorado state sales or use tax imposed by Article 26 of Title 39, c.a.s •. C. Collection, Administration, and Enforc81D8Dt. The sales tax illpoeed hereunder shall be collected, acainistered and enforced by the Bxecuti'Ye Director of the Colorado Departaent of Revenue ( •1nc:uti ve Director•) in the same aanner as the collection, adlllinistration and enforc-.it of the Colorado state sales tax. The provisions of Article 26 of ,Title 39, C.R.S., and all . rules and regulations prcailgated thereunder by the Executive Director shall govern the collection, administration, and enforceaant 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. D. Vendor' a Fee. At the tiM of ulting a aonthly return of the sales taxes required by this Resolution, every retailer shall be entitled to withhold a -..ndor's fee in the amount, as authorized by state law, of the aalu tax reaitted to cover the retailer'• expenaea in the collection and reaittance of said taxes. If any retailer is delinquent in reaittin9 said taxes, other than in unusual circmatancu ahovn to the satisfaction of the Executive Director of the Departaent of ReTenue of the State of Colorado (the •Executive Director•),. the retailer shall not retain any aaounta to cover hia expenses in collecting and naitting said tuaa. • If any retailer, during any reporting period, lball collect as a tax an aaount in uceas of one percent of the total taxable sales, the retailer shall reait to the Executive Director the full aaount of the tu herein illposed and also the full aaount of said exceaa. E. Application of Section 29-2-108, ~.a.s. Tbe 6. 91 limitation on aaount of aalea tu provided for in Section 29-2-108, C.R.S., ahall be exceeded by 0.801 in 5 ' ... .. • • ., • the City of Aurora; and by 0.051 in the Cities of Cherry Hills Village, ColUllbine 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. Iaposition of Ose Tax. 'l'bere is hereby illposed a County- Wide one-quarter of one percent (0.251) use tax in accordance with the provisions of Article 2,_ Title 29, C.ll.S., for the privilege of using or conauaing in Arapahoe County any construction and building aaterials purchased at retail and for the privilege of storing, using, or conauaing in Arapahoe County any aotor and other vehicles, parcbaaed at retail on which recJiatration is required, effective throughout the incorporated and unincorporated portions of Arapahoe County, subject to the following tems and conditions: A. Ex9111ptions fraa the Ose Tax. 1. Storage, use, or cons1111ption of any tangible personal property the sale of which ia subject to a retail sales tax _illlposed by Arapahoe County. 2. Storage, use or consumption of any tangible personal property purchased for resale in Arapahoe County either in its original fom or as an ingredient of a 111111ufa<:tured or COllp)uncied product, in the regular course of a business. 3. Storage, use or conSU11ption of tangible per80D&l property brought into Arapahoe County by a nonresident thereof for his own atora41e, use, or conSUllll)tion while teaporarily within the County, however, this .uaption doe• 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 buaine•• in this State. 4 . Storage, use, or consmaption of tangible personal property by the United States governaent, or the State of Colorado, or its institutions, or its political subdivisions in their goverDNlltal capacities only or by religious or charitable corporations in the conduct of their regular religious or charitable functions. 5. Storage, use, or consmaption of tangible personal property by a person engaged in the business of unufacturin9 or ccapounding for profit, or the use of any article, substance, or c....-dity, which tangible personal property enters into the., 6 ' .. .. • • 6. • • 0 0 processing of · or beccaies an ingredient or component part of the product or service which ia manufactured, compounded, or furnished and the container, label, or the furnished shipping case thereof. Storage, use, or consumption of any article 0pf tangible personal property, the sale or use of which baa ~lready ··been subjected to a legally iaposed sale or use tax of another statutory or hoae rule county equal to or 1n ucus of that illpoaed by Arapahoe County. A credit shall be granted against the uae tu illpoaed by Arapahoe County with respect to a person's atorage, use, or consumption in Ar~pahoe County of tangible personal property purchased 1n another statutory or heme rule county. The aaount of the credit shall be equal to the tax paid by the person by reason of the illposition of a sales or use tax of the other statutory or bcae rule county on the purchase or use of the property. !he aaoant of the credit shall not exceed the tu illlpoaed by this proposal. 7. Storage, llH, or cons1111ption of taDCJible personal property and bouaehold effects acquired outside of Arapahoe County and brought into it by a non- resident acquiring residency. 8 • Storage or use of a motor fthicle if the owner is or was, at the tiae of purcbaH, a non-resident of Arapahoe County and be purchased the vehicle outside of· Arapahoe County for use outside of Arapahoe County and actually ao uaed it for a substantial and priary purpose for wbicb it was acquired and he r99istend, titled, and licensed said actor vehicle outside of Arapahoe County. 9. Storage, use, or cona1111ption of any construction and building uterials and aotor and other vehicles on which registration is required if a written contract for th• purcba•• thereof vaa entered into prior to the effecti-.. date of this use tax resolution. . . 10. Storage, use, or consuaption of any conatruction and building uteriala required or ude necuaary in the perfomance of any conatruction contract bid, let, or entered into any ti• prior . to the effectiTe date of the uae tu illlpoaed hereunder. B. The use tax iapoaed hereunder ahall be applicable to every aotor Tehicle for which registration is required 7 • ... .. • • -- IV. v. c. ·• • • by the laws of the State of Colorado, and no registration shall be made of any motor or other vehicle for which registration 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 consuap~ion 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 shall be collected, · enforced and adainistered by Arapahoe County, consistent with Arapahoe County• s guidelines, policies and procedures, which exist or may herea~er be prc:aulgated not inconsistent with this Resolution. The use tax on construction and building aateriala shall be collected by the County's Building Division of the Development Services , Infrastructure Manag~t Departant, by each aunicipality or, as aay be otherwise pro•ided by i.ntervovernaental agreeaent, baaed upon an estillate of building and construction aateriala coats subaitted by the owner or contractor at the tiae a buildi119 perlli. t application is made. All use tax collected on construction and building uteriala pursuant to this Resolution shall be distributed to Arapahoe County. All use tax collected on .:>tor or other vehicles pursuant to this Resolution shall be distributed to Arapahoe County. Effective Date-Expiration Date. Opon adoption by the electorate at the election on NoYellber 4, 2003, the sales and use tax provided herein shall beccae effective and in force at 12:01 a.a. on January 1, 2004, and shall expire at 11:59 p.a. on Decaber 31, 2013, and upon ea.id expiration, all aoniea remaining in any of the FUnda created hereunder aay continue to be expended for the purposes set forth herein until ccapletely exhausted. The effective date of this Resolution and the date upon which the illpoaition of the sales and use taxes referred to herein begins shall be January 1, 2004. ' Necessity for Election . The sales and use taxes illposed hereunder ehall not beccae 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 Noftlllber, 2003, ahall be, in substantially the following fona, with only such 8 ' .. • • - 0 ·• • • changes as may be dete.tmined by the Board of County Commissioners: BALLO'l' TITLE: NATER, WILDLIFE, OPEN SPACE, TRAILS AND . NEIGHBORHOOD PARK MEASURE BALLO'l' ~TION: Siw.t ARAPAHOE COUNTY TAXES BE INCREASED $17 MILLION ($17,000,000.00) ANNUALLY, AND .BY IIBATEVER AMOON'l'S ARE RECEIVED THEREAn'ER, BY A COUNTY-WIDE SALES AND USE TAX OF OIIE-QUARTER OF ONE PERCDIT (0.251 OR 25 CENTS l'OR . EVERY 100 DOLLARS, IIIIICII WILL ROT BE COLLECTED ON SALES OF l'OOD OR PRESCRIPTION DRUGS), AND WHICH WILL ADTC»IATICALLY EXPIRE IN 10 YEARS, IN ORDER TO: • PRESERVE ORBAN AND RURAL OPEN SPACE AND NATURAL AREAS; I • PROTECT LANDS THAT PRESERVE NATER QUALITY IN RIVERS, LAKES AND STREAMS I • PROVIDE, MlllffAIH AND IMPROVE NEIGHBORHOOD PARKS, OPDI SPACE, SPORTS FIELDS, PICNIC FACILITIES AND BIKING, IIALICDfG AND MULTI-USE TRAILS; • PROTECT WILDLIFE HABITAT AND CORRIOORS; • PROTECT VIEWS, VISTAS AND RIDGELIHES; • PRESERVE AGRICULTURAL AND lUUICII LMIDSI AND • ENHANCE AND MAIHTAIN 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 BBIHG 501 OF REVENUES COLLECTED); THAT EACH NONICIPALITY SHALL SPEND FUNDS SUBJECT TO AN IlffERGOVERHMElfAL AGREIMElft' WITH ARAPAHOE COUNTY CONSISTENT WITH THIS BALLOT ISSUE; THAT NO ll>RE THAN 31 OF THE TOTAL ANNUAL REVENUES BE USED l'OR COUNTY AIIIIHISTRATIVE COSTS; THAT THE COUNTY'S PROGRAM EXPENDITURES l'OR PROJECTS AND GRANTS WILL FIRST BE SUBMITTED TO A CITIZENS ADVISORY BOARD FOR A RECONNENDATION TO THE COUNTY COMIISSIONERS; AND THAT THE COUNTY PROGRAM WILL BE SUBJECT TO AH ANIRJAL INDEPENDENT AUDIT, ALL AS SPECIFIED IN RESOLUTION 030381. AND SHALL THE COUNTY BE PEMITTED TO COLLECT, ~AIN AND EXPEND ALL REVENUES DERIVED FRQI SUCH SALES AND USE TAX AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH 1fOOLD OTIIERWISE 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 Ose 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 ccmply with the election provisions set forth in Colorado Constitution, Article X, Section 20 (3), including, but not liaited to, the mailing of required election notices and ballot issue sunaaries. E. Conduct of Election. The conduct of the election shall conform 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 fraa the sales and use tax iaposed 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 .:,re 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 frca 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 notbincJ in Art. X, Section 20, shall limit the receipt and expenditure in each fiscal year of the full a-,unt of such revenues of the sales tax and use tax, nor shall receipt and expenditure of such revenues affect or liait the receipt or expenditure of any and all other revenues of Arapahoe County for any fiscal year. . • Interest frca Revenuea and Inccaa Generated fraa Acquired Landa. Interest generated frca th• revenues of the sales and use taxes iapoaed herein shall be used for the purposes stated herein. Inccae ~rated from the use or lease of preserved lands, natural areas, wildlife habitats, and parka acquired vith the sales and use taxes iaposed berein shall be used for the purposes stated herein. 10 ,. ' .. .. • • -. ·• • VII. Open Space and Trails Advisory Board. If said sales and use tax is approved, the Board of County Coamisaioners 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. B. Each County Collld.ssioner shall appoint one resident of his/her ccmaisaioner district to serve as an OS'tAB member. c. The Board of County Colaisaioners shall appoint two Arapahoe County residents as at-large members. D. OSTAB llmllbers shall serve three-year tenu of office, except the initial teza of three of the seven amabers shall be for two years. Meabers aay be re-appo~ted to no more than two successive tems. E. OSTAB members shall serve at the pleasure of the Board of Cpunty Coaaissioners. F. Melllbers shall not be ccmpenaated for their services. G. Mellbers shall act in accordance with law, including Colorado conflict of interest laws applicable to public bodies. No Mllber shall vote or participate in the application process · regarding an acquisition or expenditure in which he or she has a financial or ownership interest, or where be or she bas an ownership interest in an adjacent property. H. OSTAB shall meet quarterly, beginning the first quarter of 2004, or as necessary, to review propos~ projects and perfora other duties in accordance with this Resolution. I. OSTAB shall aake rec~tiou to the Boarl of County coaai,aioners regarding the distribution of · revenue collected froa the Open Space Salu and Use Tax, in accordance with tbe guidelines Ht forth in this Resolution. · VIII . Distribution of Sales and Dae Tax leTenue. The reTenue collected froa the Open Space Sales and Use Tu shall be 11 ' .. ,• • • -·• • distributed and administered in the following manner and subject to the definitions and conditions as set forth in ·this Resolution: A. 'l'he . annual revenue froa the Open Space Sales and Oae Tax eball be diatributftd according to tbe percentage• aa set forth below. Expenditure of said nvenue ia governed by the provisiOJ1a set forth in Section VIII. B. Sbareback to all incorporated municipalities or portions thereof based on the population of the incorporated aunicipality or portions thereof in Arapahoe County versus total population · of incorporated areas in Arapahoe County County Open Space Progr-funds to be used as f?llows: County Administrative Costs 31 Available as grants to incorporated aunicipalities and special district• within Arapahoe County 121 Designated Arapahoe County Heritage Areas 3.61 Maintenance of County Open Space 3.241 Acquisition of open space and/or interests in open space to include for the developaent of aulti-uae trails 28.161 Total distribution by percentages of Open Space FUnd created by Open Space Sales and O•e Tax 501 • . 1001 County Administrative Coats are thoa• coat• necessary for the County to adlliniater the distribution of funds, to include distribution of Sharebact l'Undal development, creation, oversight and aonitoring of and ccapliance with Intergovernmental Agreements (•1ca.a•) I 12 t .. .. • • • grant review and distribution of grant funds; site reviews for grants and review of certified 'Annual Hunicipal Reports, as well as to aminister the .. . County's ovn Open Space Prograa, excluding ,. -•intenance, as set forth aore fully below. · C. Sbareback Funds are those aonies distributed to the incorporated municipalitiea wholly and/or partially in Arapahoe County for open apace uses as aore fully set forth below. 1. These funds will be distributed to each incorporated aunictpality within or partially within Arapahoe County bued on the . population within said jurisdiction in Arapahoe County and the total incorporated population of Arapahoe County. 2. The population figures will be updated annually based on the official figures provided by the l)eaDCJraphy Section of the Colorado Departaellt of Local Affairs or any atate agency which take• o"Mr the duties and reaponaibilitiu of said l)eaDCJrapby Section. 3. The Sbareback FUnds will be diatributed on an annual basis to ucb incorporated amicipality, wholly or partially within Arapahoe ~ty, provided that: a. Th• incorporated amicipality bu entered into an lntergo...-.ntal A9r•••nt (IGA, vith the Board of County CCllld,aaionen. b. such required I<a reflects the tems, conditions, intent and purpose of this Resolution consistent vitb the guideline• as set forth in Section VIII (c, and (I, below. c. Shareback runds •Y be used for the .l:ipen apace uaea as set forth in Section YI1I (s, below • d. In addition, Sbanbact l'\mda •Y be used to purchaH and/or denlop and/or upron existing neighborhood parts and/or apart• fields. 13 .. ' .. • • -- .. • 0 D . e. Further, an incorporated municipality -Y uae up to ten percent (101) of its Sharebact Funcla distributed by the County annually to -intain existing or new open space properties, neighborhood parka and sports fields. f. Incorporated municipalities aay bank Sbarebact Funcla fraa yeAr to year as long as such funda are expended in accordance with the purposes set forth in this Resolution, and such is noted in the Annual llunicipal Expenditure Report u set forth in Section VIII (C) (3) (9) • 9. Every Decellber 31st, each incoq,orated aunicipality, vbicb received Sbarebact Funds, aust certify and autai.t in · vritincJ, to the Board of County Ccllaissioners, that the funds were used in confoaaance with this Resolution and IIUSt detail the expenditures of its Sbarebact FUnda. Such sutaiasion shall be called tbe Annual Nanicipal Expenditure Report. h. If Sbarebact FUnda are not used in accordance vith the provisions and CJUidelines set forth in this Rasolution and/ or are used in violation of tbe teau and conditiona. of the IG!l, the offendin9 incorporated IIUDi.cipality vill be ineligible for future Shareback Funda, unlus and until a ca1pliance plan is subaitted by the offending aunicipality to and approved by the Board of County Coaaisaioners. i. If . the offendin9 IIUllicipality fails to sutai t a caapliance plan approved by the Board of County Coaaiasioners or fails to ... t the requiraent• of the Board of County Coaliaaion•r• • approY9d ce11pliance plan, then the Share of the non-CC111PlyincJ mtity will be diatributed, baaed · on annual population fivuru, aaoDCJ th• other participatin9 incorporated aunicipaliti••· 14 ' ... .. • • -- D. ( ·• • • The County Open Space Program shall have the following components: 1. . Grant Program. The County shall have funds, as specified above in Section VIII (A), available for distribution in the fona of grants to incorporated aunicipalities; 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. Tboa11 entities having proposals consistent with the guidelines as set forth in this Resolution aay submit . their grant applications to OSTAB. b. OSTAB and County staff shall review the grant applications and aake re~ndationa to the Board of County Colllaiasioners regarding the approval, conditional approval or denial ~f each application. c. The Board of County Caaaissioners then shall approve, conditionally approve or deny the grant application. d. If the County distributes less than 121 of the Open Space Sales and Use Tax as designated for grants, the remaining portion shall be retained by the County to be used for purposes set forth in Section VIII (D) (5) below. 2 . Designated Heritage Areas. The Board of County · Ccaaiasionera 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 historical significance to Arapahoe County, such as a historic property or a futun fairgrounda. 15 ' ... .. • • - C C - ·• • • 0 b. The Board of County Coamdssioners shall consider designating land or a structure as a Designated Heritage Area after OSTAB and County staff have reviewed and aade recoaaendations on a proposal for such an area. c. d. Before _it designates a Designated Heri ta9e Area, ·the Board of County Coaaissioners shall conduct a public hearing on the proposal. FUnda allocated to Designated Heritage Areas aay be used for maintenance of structures and grounds, as well as for future improv-nts and operations. Funds may not be used for construction of nev 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. 3. <>Den Space Maintenance. The County aay use funds, a~ specified in Seetion VIII (A), for aaintenance of County Open Space, to include 4 . trails. a. Open Space aaintenance funds may ~ be used for maintenance of Designated Heritage Areas if said areas' aaintenance 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 reaaining portion shall be retained by the County as set forth in Section VIII (D). (5) below . • Acquisition of Open Space and Trail DeTelopnt. The County shall use the percentage of the 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 Ui ' • • ( s. 6. banked for future acquisitions and/or projects, consistent with Section VIII (D) (5). · If the allocated funds for the County adl1inistrative costs,. ~ants, DeaiC)Dated Haritave Areas, County open space aai.ntenance and/or . acquisition of open space or interests in open apace or trail deYelopaent are not upended by Deceaber 31st of eacb year, County staff shall bank such funds accordin9 to the afonaentioned uaea. At any tiae, County ataff shall reccananct to OS'l'U the use of such banked funds for the purposea so deaignated and/or for acquisition of open spa~ or interests in open apace and/or trail parpoaea. OSTU and County ataff shall aaJc:e . rec:wandationa on the UH of the unupended funds to the Board of County Colllaiaaioners. 'l'be Board of County ec-ia41ionera then will accept or reject OSTAB.' s and/or County staff's reccsc ndations and/or designate the monies to be expended in a aanner consistent with this Resolution. On an annual basis, the County will hire an independent auditor to audit the County's expenditures of the l'Und. E. · Additional Guidelines for Ose of FUnda: 1. Revenues collected frc:a the Open Space Sales and Ose Tax uy be uaed ,in the followin9 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 (includinCJ conservation and agricultural), future interests, covenants, developaent ri9hts, suba~ace rights and contractual rights, either on an exclusive or nonexclusive basis; c. To acquire coMection herein; water rights for with the purposes 17 use in provided ' ..... ,• ; . • • -.-~· ......... d. e. f. To acquire lands that preserve urban and rural open space; natural areas; agricultural and ranch lands; water quality; lakes; rivers; streaas; corridors of rivers and streams; views; vistas; ridgalines; wildlife habitat and IIOY ... nt corridors; trail corridors; flood plains and wetlands; To acquire lands that are buffers maintaining ccwmm1ty identity; To acquire lands for outdoor recreation purposes liai.ted to paasive recreational use, including but not limited to biting, snowshoeing, obotograpby, nature studies, and if specifically designated, bicyclin9, horseback riding, hunting and fishing; g. 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 eu8118Dts for trails and access to public lands, and to build and hlprove such trails and access ways; i. j. To allow expenditure of funds, consistent with the guidelines sat forth in this Resolution, for joint projects between counties and IIIJ!licipalities, apacial districts which have a recreational component, recreation districts, or other governmental entities in the County; To improve, restore and/or protect open apace lands as provided herein; k. To manage, patrol and -intain those lands as provided herein; 1. To pay for construction, improv~ta; 18 related equipaent, acquisition, and/or ' -~ .. • • --· 0 ·• • • ~-u • 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 environmental. education programs in a manner consistent with the purposes of this Resolution; o. To impieaent and effectuate the purposes of the Open Space Prograa. 2. Ho land or interests acquired with the revenues of the Open Space Sales and Ose Tas aay be sold, leased, tradec:l, or otherwise conveyed, nor-Yan exclusive license or pemit 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. 3. If the Board of County ec-issioners sells land or interests as specified in paragraph 2 above, the proceeds shall be deposited with the Open Space Fund. 4. If any incorporated JIUDi.cipality; special. district, which provides recreational. services or amenities; or recreati on district, sells l.and 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 Amendment A. If this Resolution is approved by a majority of the registered electors of Arapahoe County at the election to be held on November 4, 2003, its provisions relating to the amount of tax imposed, specifically the one- quarter of one percent (0.251) sales tas specif!~ in Section I I and one-quarter of one percent ( 0. 251 )'" use tas specified in Section III, the provisiona relating to the deposit and expenditure of revenue as set forth in Section VI, and the provisions of Sections VII and VIII, shall not be repealed or maended except by a vote of the registered electors of the County. 19 ' .. • • 0 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 Coali.ssioners, and such repeal or amendment need not be aubaitted to the registered electors of the County for their approval. x. Miscellaneous A. B. Liaitation on Allount 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 incoxporated aunicipality within the County by the sales and u .. tax imposed by this Resolution, such liaitation shall be exceeded by no aore than one percent in said incorporated municipality. Severability. If any section, paragraph, clause, or provision of this Resolution, or the ballot question submitted to the registered electors at the election provided in Section V abcml, 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 reaainin9 sections, para9rapba, 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. ~he vote was 5-0: CCllllissioner Mackenzie, yes; Com ;ioner Vickrey, yes; Colllaiasioner Myers, yes; CClllliasioner Beclo...an, yes; COllllissioner Zillaer, yes. The Chair declared the motion carried and so -ordered. PASSED AND ADOPTED this 17~ day of June, . 2003,: in Littleton, Arapahoe County, Colorado. 20 .. '1 . ·-- • .I, • • .... .. , . ' • • ·• • • ..+4-1 BNGLBWOOD MUNICIPAL CODB tu. If the return ar tba tu remi1:tellce la Sled laiar than tbe twml:Mldl day of each maath er • preacrihed by tbe Dinctar. tba am-half plftmt (0.5") vendor's fee aJlowaDce shall be fbmmlcl ud added tD tbe IIIIOUDt of the clddaaq. D. All otbar persona shall pay t.o tba Dinctur the amount al my tax due midar tbe pn,riaiaaa of tbia SectiaD 4-4-4-7, not later tbaD flbm (l.S) daya after tbe data that said tu becamel du. (Code 1986, § 4-4-4-7; Ord. 02-68) 4-4-& u .. Tu: lmpoNd. 4-4-3-1: Tu: on Stonp, Coaaampdon and u-. 'lbere ia hereby l8'ried and tbere shall be col- lected from IJffJrY person in tba City, a tu upon the initial privilep of~. using or COD8UJ1UDC within tbe boundaries of tba City any artidee al taqihle penonal property purchaNd at retail ( mil 90Ul'l:8S outside the carporate limita of the -..;ity. Such tu, tD become lfliic:tive J11DU817 1, 1988, shall be payable to, and shall be c:ollected by, tba Direc:tDr of FiDancial ServiC81 · iD - duce with tba f'ol1owiq scbedule: On Storage Or .4cquiaition Chargu Or Cost $0.01 including $0.14 S0.15 including S0.42 S0.43 including so. 71 so. 72 including $0.99 $1.00 including $1.28 $1.29 including $1.57 $1.58 including $1.85 $1.86 including $2.00 No'l'u $0.01 $0.02 $0.03 $0.04 $0.015 $0.06 $0.07 On storage or acquisition charges or COllta, in excess of two dollars ($2.00), the tu shall be seven cents ($0.07) on each two dollars ($2.00) of such storage or acquisition charges or coat, plus the tu shown in the above schedule fbr tba applicable fractional part of a dollar of each such charges or cost. For transactions co11SUI11I11&ted on or after Jan- ( uy 1, 1986, the City use tu shall not apply to the storage of construction and buildinl m.aterl· als. (Code 1985, § 4-4-5-1) Supp. !'lo. u '"'"6a Bzwwpdom to U• Tu:. · A. Tha ta ar aciN laried by SectiaD 4-4-15-1 ia .. dlcl.m9d to be mppltNa tar, tD tbe ta lllriad by Section 4-4-4 mna( and mr thia reuaa. tbe IIDowiDf tnneec:rim• sball be mmpt tmr. tmD: L 'l'lla ....... UN ar coaaumpl:ioD al par- llllW JIIOPlft1, tbe .. of wlw:h ia subject tD tha tu 1ariad by Secticm. 4-4-4. 2. 'l'lla lliarq9, UN ar caanmption of any t:aaaibla panaaal propsty parc:hued mr zaa1e to tbi! r.;t:'" ..t.h-in H,a nriciDal fbrm er a an iDp9dient of a manufac- tured or compounded product, in tba nit· alar CDlll'l8 of a buainaa. 3. Tba stianae, aae or c:onnmptian al motor tbel upon which there bu sccrued. or bu bee paid. tbe motor tbal tu preecribed by tbe Co1ando Motor Fuel Tu Law of 1933, or any a:mervhuentl tbent.o. • '-'1be ...,., aae or COIIIUlllption of tancl· bla i--al prapaty wbidl ... acquincl at a time when tba UNI' or CODIWUI' tbanaf wu a DOIU"lliderlt of tbe City; prmdad ita ua er CGIIIWllpCim ia fir tbe beaeflt of said Ulll' or COQIWUI'. 5. '1be ltianp, aN or CODIWDpaall of taqi• ble panonal property of tbe Uuited Stata pwnmmt, or tba State of Colorado, er ita im1:itutiau, or ita political subdm- lionl, in tbm penunmtal c:apec:itiN cmly; or by nliaiou-, charitable or eleemo- lJ'n&l7 iaatitutionl in tba condw:t of their l"8IWU reJiciou-or cbaritabie ftmctiom· pnmded. bowtmir, that DO ~ iDdUltrial or other banlriq iaatitutioua, arpniml ar c:hartared by tbe United Stata pernm81lt, any apncy or departmaDt thenof. ar by tba State al Colorado, shall be CODliderecl a pernmental inatitutioll fbr the purpoN of thia aemptim. 8. The storap, UN or c:omumption of taqi- ble penonal property by. penoll qapd iD the buaiDMa of manufacturinr, com- polllUWI( far sale, profit er IIM, any arti- "I •21·101 et aaq. C.lt.S. 1173. .,· ·-. . ~{ .!":ir~: . a . .:c.· '. . t >:: ' .. r • • q~:- \;;.~~=~r: ~ ~ ·• • • CJ MUNICIPAL P!NANCa AND TilmON cle, suhataDcl ar c:mnmoctity. wbic:h tmp- ble pencmal property maeta all ol tbe tillawin, cooctitim• a. Ill actuelly and factmlly tnn fi wed by tbe procea al ID8Dfflc:brre; b. Bec:omea by the 1DS11o&ctnriar pro- cw a IUICWU7' and rwrapinble iDp'edimt, c:mnpment er CXJllldln. ant part of the tlniebed product; and C. Ba phyaical iw-ce ill tbe flnilbed produ.c:t ii •..,d•I to tbe-t:IMnal' ill tbe bande al tbe ultimaia Cllll· swnar. B. Far tnaeection• CQDSUDIJll&tad on or after January 1, 1986, tbe City's Wl8 tu shall not epply to the storap, use, or coosumptian al any article af taqib1e pereaaal property, the sale or uee of which bu ahaM7 been subjectad to a sai.. or wie tu al anatber statutory or borne rule municipal- ity prop.ty 811d propartianally impieed Oil tbe parchuar or UNI' equal to or ill -al tbne and Olllt-balf paR8l1t (3.5'll,). A credit sbell be p,mt.ed apimt tbe City's UN ta with 1'Npect to tbe pal'90ll1S st1Jr1119, wie or camumpt:im in tbe City al tan(ihle persmial property, tbe IUIIOIIDi al the credit to equal tba tu paid by bimlhar by rNtlOD al the impoeidon of a sa1ee or UN tu altbe pnrriaus statutory or borne rule IDIJDicipeJity Oil bialbar purcbaae or wie of the proparty. The smaunt af the credit shall not aceed tbne end OD&-half percent (3.5%). C. For transactions consummated on or after January 1, 1986, tba City's uee tu shall not be impoaed with respect to the use or coosumption of taqibJa personal property within tbe City which · occurs more than three (3) yNrs after the moet recent sale af the property if, within the tbne (3) years fullowina such sale, the property bu been sirai6cantly uaed within the State fiir tbe princi- pal purposes for which it was purdiaNd. D. Nothinr herein contained shall be deemed to Glllllpt from the tu leried by subeec:tioa 4-&- 5-3B ou the storap, use or consumption af my tancib}9 personal property to be used by a con- tnct.ar Ir tbe canlUUd:lm al m improftment fbr a:r altba illl'titndm• ar apadee ~ iD lllbNct:lm MS abaft. (Coda 1985. I 4-4-6-2) ~ Pa,awm ad Colleadaa o6U• Tu. A. Paymmt: af Tu: L All panaaa wbo an 1'9Cl11ind to obt:aiD a .... tu lkmee panuam to tbe prari- eiana ols.:tlm. 4,,,4,+4 shall im:lnde within tbe ntC:am required to be med, panuam to tbe prmieima al Section 4-4-+ 7, mcb infhrmedon u may be l'9Cl1lind by tbe City u may aaabla it accurately to com- pute tbe amount al me tu due from said retailer fiir ~ made by such re- tailarfbr wbicb a uee tu ii due dmin( tbe period mr which such mum ii f!led. 2. All other per1C1D1 shall pay to tba City tbe IIIIIOllllt al IDY tu due under tbe prari- eimla ar Section 4-4-6-3, not later 1:1:um C 91m (15) daya aftiar tbe data tbat said tu bec:amM due. - B. Pa,lwlt and Coilecrim CID Speci!c Itame: Tbe ~ epecial pnmaianll shall apply to the paJm8llt af any UN tu clue CID tbe UN, caaeump- QGll or staraae of the fullawiq itams: L Matar li/aida and 7hlilcn: Any parame wbo shall purcb.ae my mot:ur fflbida. trlliler or ~-1:rlliler. wblltbar 1111W or ueed, outside tbe C"Jty, with tbe immt to raciata' tba same at an addraa ineide tba City, shall immecti•taly, and priar to res- iatllriq end obtaininr liC8lll8 plata th.. . fir, mab a nitum lbawiDr such tnmac- tilm to the City and pay to tba Citytbe W18 tu applicable thana ae pro9idacl iD sub- lKl:im A i.r.at 2. Buildin6 Maarialt Cllld. Supplia: Any~ -who chm not maintain a permanmt plam afbuainaa wiibiD tbe boandaria af the City and wbo sbell build. cautrw:t ar improve IDJ buiJdinr. cl...ninc er odiar- muctme ar impravaaenc to Nalty what- __. within tbe City lhall, 1lpall appli- caam &,r a buildinr pmmt, pay ae a depaeit fiir paymmt of the tu 1ffied by \, ' ... . .. .!-, . • • 0 •• • • ENGLEWOOD MUNICIPAL CODI ( Section 4-4-5-1 an amaUDt equal to tbrN aDd aa.balf pen:ent (3.5 .. ) al 5fty ~ amt (SO'Jr,) al the wimewd coat al tbe impraftmmt, er tbrN aDd aa.balr ~ CIIDt (3.5 .. ) al fifty pen:ent (50')(,) ol the taal Clllll:rlld; price, if tbere ia a c:amnct Ir tbe baildiDr CCllllltrm:tiaD or imp!Uft- mmt; pnmdad, ~ tbat if tbe 111:i- mewd c:mt al t:bt lmproftmmt er tbe taal camnct price ia in -=-ol two bmldncl t:bauad dollars ($200,000.00) tbe City, at m diacntim and upao appli- cadm to it, may am:borm a wamr al Aid dapam and accept tbe payment al aid tu OD a IDOlltbly, quarterly or odm- buia, buecl upoll actual ~ ol mat.aria1a, supplim and equipmmt mr wlw:h such tu may be clue,. subject to surh rules and replatioDa u tba said City may adopt. Ill all cum when tbe dapom requind by tba provuioaa o{ tbia Section ia made, if it ia datarmimld at tbe time o{ tba completim al the buildinc, clwalliac ar odm-structure al imp!Uft- mmt rram the imaima and ......,..ente rllflec:ti.ar tba purcbaae tbanfor, that the dapom made u bm9iD requind. topblr with the actual paymmta to the City • a salas tu, ia ill -ottba actual tu clue t:ben!Cor, the perlOll JIWDDI said dapom ar paJiDI said tu may mab appUcadon to tba City mr nd\md ot any amount paid ill -o{ the actual tam due, in which 898llt it shall be the duty al. the per9Clll llWDDI such applicat:ioll to tbmiah all necesaary bills and invoices ~ aver-payment of the tu, and. if tba said City is satisfied that then baa been such overpayment, it shall refund such Cfflll'o payment to the tupayer. C. Construction equipment which ia located within the boundaries of the City fur a period ot more than thirty (30) comec:utive days shall be subjected to the full applic:ible uae tu of the City. D. With respect to transactions CODSumrn!d:A!d cm or aft.er January l, 1986, c:onstrw:tioll equip- ( mt which is located within the bou.adariel oC IoDe City for a period of thirty (30) comec:utive daya or 1esa shall be subjected to the City's UN tu ill Ill amount wlw:h doea DOt m:.d the IIIIIOUDt cehtewd a tilaws: tbe pmdiw price ot tbe equip.www.t an be muJtipffed by a ha:iaa. tbe WDW alwbil:h ia au and tbe cleivmrinetnr al wldda ill twwlve (1/12), and t:bt rault sball be muJt:iplied bytbrN and aae-balfpaemt (3.5 .. ). B. W.. tbe pruviliaaa al 111beection D altlm ~ .. m:llmd. tbe cr.w: pramaaa al sab- ~ ~2B sball apply I& llldl t:ime u tbe ....... aJa llld UN tma 1apl1y impoaed by 111d paid tri odm-~ 111d hmae rule aumic- ipalit:la aa ay aach equipmmt equal three and aae-baJf parcat (3.5 .. ). P. Ill order to avail bimNlf al the pruriaiom of IWIIIICtlca D al. tbia sac:tiaD. the tapayar shall comply with the mDowiq pracadure: 1. Prior to ar OD the date tbe equipment ia laaitad witbiD the baaudariea al. tba City, tbe tapayw, shall file with the City an eqaipmmt declaratioll Clll & fbrm pnmded by the City. Such dlldamion lball atua tbe cl.-Oil wlw:h tbe tmqla,JW' antk:i- pata tbe ~ will be lacetad wi1:bm and l'9III09ed from tbe bamidariea al tbe City, sball iDdnde a clllcripcion of each mcb andc:ipmd piace al. equipaiam. shall stua tbe actual or anticipated parcbw price al each such IDticipetad piece of eqaipmmt, and shall iDduda such at:bar imbrmatiaD. u raamably damnad DaCN- 11117 by the City. 2. The tupayer shall file with the City an llll8Dded equipment declaration ndlect- illc Ill)' c:banps in the iumrrnatioll COD• tained in ll1Y pnmoua equipment dacla- ration DO N than OIIC8 flftlry ninety (90) da11 aftar the equiprnim ia brouab,t into tba boandaria al tbe City er, &Jr eqaip- lllelli wbich ia broaab& iDa, tbe bound- ~ ottbe City mr a projeet of leu than aimty (90) da71 1 duration, DO latar than ten (10) da1i after SWlltalltial completion of the project. 3. The tupayer aeed aat report aa 111Y equipment declaratiall 1111 equipmaDt lbr wbidi the purcbue price ... lmdar two tbo111Dd he hUDdnd dollan (S2,500.00). ' , .. • • 0 ·• • • MUNICIPAL PINANCl8 AND TAXATION G. If the equipmmt dac:laratim ia lfflD • proridad iD subw1:im p altbia NCtiaa, dim .. t.o my it.am of c:iaaatnu:dm eqaipmmt lrwbkh tbl cuatamar7 pmcbaN price ia midar two thoaeend hhmldnddollan ($2,500.00)wbkh,... blaaabt mill tbe bomulmia of tbe City bimpatad1y Ir ue an a c:omtructlaD prujecl:, it ab.all be pnllDUd t:bat tbe it.am WM pmmawl ill a jazladicikm ba9illf a local saJaa er ue taaa • bich u tbz'N and aae-half paramt (3.H) and t:bat such local aa1la er UN tu WM prniomly pailt. I'D audl caae dw burdm al proul iD my procNCliDa belbn dw C-ity, the !Dc:ame Dinctlar of dw Departmam of 1laNDu,e, or the District Court, shall be OD dw City t.o pnmt sw:h local sa1ea or U11t tu wu DOt paid. H. If the tupaywr faila to comply with tbe prurisia1U1 of suhNctioD. F of tbia NCtioD, the tupayar may uot avail bimaelf of the pravisiau of suhlectioll D of tbia sec:tioll and shall be suhjec:t to the prcmaiona of sumec:ticm C of tbil NCtion. Hawwnr, IUhatendal c:ompli•nre with tbe prari- llala of suheeedan F altbia aec:timl shall aDaw tbe tupays t.o ...a bimNlf al tbe pruviailllla of mbeecticm D al tbi.l NCtiaD. (Code 19815, § 4-4-5-3; Ord. 00-7) 4-4-& U--aad Tas ID Addlt.icm to AD Odls'ra- Tbe liC8DN and tu impoeed by tbil cbaptar shall be in. addition to all otbar w:eaem and taae impoled by law, acept u barein. otbswiae pro- 'rided. (Code 19815, § 4-4-6) 4-4-1: Tu: IDformadoa Ccmftdeniial. A. Emipt in. accordaDca with judicial order, or u otherwise herein prOYided. the City shall not divulge any in.furmation pined from my fflDm filed or as a result of any iDffltiptioll or bNrinc bald pursuant to the prOYiaiona of this chapter. B. Nothina contained in this section. ab.all be conmued to prohibit: 1. The delivery to a person. or to bis duly authorized re~tative, of a copy of my return filed in connection with bis tu; 2. The pnblication of statiatlcs so d•Miffecl u to pn,mt tbe idantiffc:eticm of partic- ular reparta or nmma and tbe itama tbareai; 3. The impectim by tbe City ~ er my other 1epl repnamtatm of the City, of the return or otbar in1brmatim nlatiq t.o 11117 tupaywwbo may became ilmlmd ill litiptim with tbe City iD wbkh tha um iDllrmatim may became matarial. C. llapJrta and retmm shall be ~ fir tine (3) ,-rs and tban!dar antil ~ City Clark. with the approval of tbe Stata Arcbmst, aball order them destroyed. (Coda 1985, § 4-4-7; Ord. 00-7) 4-4-& Eadma&ed Tun and Aaeum-t 'l'henof. A. With r9pllc:t to tranaactiou.s ccnaummated bdlre January 1. 1986, if my pencm D8llecta or Nfbea t.o maim a retum b; or paymmt of my of the taae 1ffled by tbie c:haptar wbm tbe same bacmu due. tbe City shall, at: -data mbae- queat to 0-(115) days attar tbe data ftr the makiq of such nitam or the paymmi al such taaa, lff9 writt& aatice to the parlClll rapcmei- ble ftr m.akiDc said return or payiq said taaa or the lack al the f1¥D1 of such rwcum or paymmi al said taae, wmdi. DOtice shall natif:, the tapaywr, ar cxblr panon rwpanlible ftr the recum al tbe tu, tbat the same IDDlt be paid witbiu. flfteell (115) daya tram the date al the receipt of said aotu:e. B. If the return ii not filed, ar the tuas are uot paid, within tliteen (115) daya after naipt of said aatice, the City may make an estimate, bued upan sw:h information u may be available to him. of the amount of taae due mr the period or perioda fir which tupayar ia dalinqwmt and sball add tbanto a penalty in an ammmt equal to ten percent (10-.) of said eatimated tu, topthar with intanet Oil said eetimated tu at the rate of Oll8 percent (1 .. ) per mm1th tram the due date tbarea( and may UNl8 aid amoant apimt the dalin- qumt tupayw by pviD( aid tupa,v lfflttm natice thenof', which notice aball require tbe tu:paywr eithar t.o pay tba amount UNl8ed by tha City er to petition him lbr a carnctioD of aid Ntimate within a period al twenty (20) days ' ... • • ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 6, 2004 11 a iv Ground Lease Agreement-Medical Building Initiated By: Staff Source: Public Works Department Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 4, Series 2002/2003 dedicating the alignment of the Englewood Parkway between South Elati Street and South Cherokee Street. Council approved Ordinance No. 56, Series 2003 authorizing the lease of a portion of the former West Girard Avenue to Rocky Mountain MOB, LLC. RECOMMENDED ACTION Staff recommends that City Council adopt an ordinance approving an agreement with General Electric Capital Business Asset Funding Corporation regarding the land lease with Rocky Mountain MOB, LLC. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Parkway, between South Elati Street and Cherokee Street. was extended in 2000 to conform to the alignment in the CityCenter Master Plan . Due to this new alignment, the existing portion of West Girard, between Elati Street and the roundabout. was no longer required for street purposes. Deve lopment Solutions, Inc. purchased the former City Hall property in 2003 and assigned the project of building a medical office/surgery center to Rocky Mountain MOB, LLC. Rocky Mountain MOB, LLC requested that the Girard Avenue right-of-way be leased to them to provide additional parking. Council approved the lease of the right-of-way in August, 2003 . Construction of the parking lot has been completed in conformance to the agreement and in coordination with the owners of the retail property to the north (Kimco). Rocky Mountain MOB is securing a loan from the G eneral Electric Capital Business Asset Funding Corporation. The loan is to be secured, in part, by all of their rights, title, and interest under the lease . The lender has requested an agreement with the City that provides them with rights and no tifi ca ti o n in case of default, foreclosure . or lease termination . FINANCIAL IMPACT o ne LIST OF ATTACHMENTS Agrt!emt!nt. E,h1b11 lap. ' ,• : .. .; • • 0 ( ORDINANCE NO . SERIES OF 2004 BY AUTHORITY 0 MEMBER~~~------ ~ ORDINANCE AUTHORIZING~ AGREEMENT BETWEEN GENERAL ELBCI'RIC CAPrrAL BUSINESS "ASSfr FtJNDING COIU'OllA110N AND TIii CITY OF ENGLEWOOD, COLORADO REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN Moa.uc. WHEREAS, Englewood Parkway between South Elati Slrffl and Cherokee Street was extended in 2000 to conform to the alignment in the City Center Master Plan; and WHEREAS, with the 2000 alignment the existing portion of West Girard between Elati Street and the roundabout, was no longer required for slrffl purposes; and WHEREAS, the Englewood City Council authorized the dedication of the alignment of the Englewood Parkway between South Elati and South Cherokee by the pusage of Ordinance No. 4, Series 2002/2003; and WHEREAS, Development Solutions, Inc. purchased the former City Hall property located at 3400 South Elati and assigned the project of building a medical office/surgery center to Rocky Mountain MOB, LLC; and WHEREAS, Rocky Mountain MOB LLC requested that the Girard Avenue Rigbt-of- Way be leased to them to provide additional parking; and WHEREAS, the City Council of the City of Englewood approved the lease of the Right-of-Way by the passage of Ordinance No. 56, Series 2003; and WHEREAS, consnuction of the parking lot bas been completed in conformance to the agreement and in coordination with the owners of the retail property to the north (KIMCO); and WHEREAS , Rocky Mountain MOB is securing a loan from the General Electric Capital Business Asset Funding Corporation and the loan is to be secured, in part, by all of their rights , title and interest under the Lease ; and WHEREAS, General Electric Capital Business Asset Funding Corporation (the lender) bas requested an agreement with the City that provides them with rights and notification in case of default. foreclosure or lease termination ; and WHEREAS, with the passage of this Ordinance authorizes the City entering into such Agreement: NOW , THEREFORE. BE IT ORDAINED BY THE cm· COUNCIL OF THE CITY OF E'.'IGLEWOOD, COLORADO , AS FOLLOWS : -1- 0 ... ... ,. .· : . ' • • Section l . The City Council of the City of Englewood, Colorado hereby autborms the "Agrccmeot Regarding Ground Lease" with General Elcclric Capital Business Asset Funding Corpontion. attached hereto as Attachment 1, pertaining to Rocky MoUDtain MOB, LLC. Section 2. The Mayor and City Clerk are authorized to cxecuce and attest said "Agreement Rcpnling Ground Lease" for and on behalf of the Cit)'. of Englewood. Introduced, read in t\all, and puscd on first reading on the 6th day of December, 2004. December, 2004. ATTEST : Douglu Gama. Mayor Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 6th day of December, 2004. Loucrishia A. Ellis -2- t .. • • AfIIII gcqp5 RDIVI IQ: ·D 0 1111Mro1 11:29 m P .fJ!U007 AGREEMENT llGA.RDJNG GllOUND I.LUI: THIS AGllEMINT UGAIQ)ING GllOtJND LI.AB (1his ·~ is made and axecu1ed to be ~ve u of 1lle __ day of Novaber, 2004, by CITY Of ENGLEWOOD, COLORADO, a Colorado m•wric:ipll c:arpcndoD ("Laadkxd"), m ~ of GENERAL KLICTIUC CAPITAL BUSINl8S ASRT J'UNDING COJlPORAflON, a Delaware corporadon ("Lender"); RECITALS: A. Landlord ia lht owner oftbe real propcny IOCllld in Arapahoe County, Cokndo, which is more partic:warty dmibed on Exbibis A attacbDd to and made a pan oftbia Apeement for all putpOSeS, and all rishts, privileges and appuni,nanees thereto (collectively, tile ''Property''). B. Pursuant to a certain Qround Lcue (the "Lease") dl1ed Scpcembcr l, 2003, Landlord leased the Property to llOCICY )10UNTAIN MOB, LLC, a Colorado limitod liability company ("Tenamj. C. Teiwtt bas requested that LendC' advance a IOID (the "Lolllj u, Tt11111t to be secured, in part, by die lien and provisions of a c:enam Commecial Leasebold Deed of Trust (tbe "Deed of Trustj covcma all of Tenant's risht, title and interest Ul1der the Lase and cerQin other wets and riahtt of Tenant. DAU.U4'6SIIM 1241 .. 22222 A t t a C h m e n t l • ' • -- 0 -· .............. u •••••• -••••• Fran:CEvcl..tNNT SQUTIOO (RlJ> 003 89'3 0'251 11110/2004 11:00 m P .fJ'MJJI D. The collatenl covad by me Deed ofTrua ii collecdvely called lbl "Morrppd Property." The Deed of Trust and Ill of tht Olba-doc:mnam ad iD11rum1a1s wbich mcleDce er secure the Loa we somldmes collecdvely called die "Lola Doeumcna." E. As a condiT:ion to I.cadets aareemeat to ldvace the Laa to Teaat, 111d u a matmw inducement to Lender to do so, Lender ii n:quiriq 1bal T111111t oblain d1il Aar-na mr the bmefh of Lender. A.Q&BUdUiI: NOW, THEREFORE, tbr 111d in CGlllidlntion of1be mm of TEN DOLLARS (SlO.OO) and olber aood and valuable consfdmdaa, die receipt IGd su.t!lciacy of whic:11 arc hereby aclmowlcdpd and coanllld, Land1crd hereby .-• mllows: 1. AclmawledE'W'Q$ by T edlmi l.aDd1ard ldmowlcdacs dlai tht Deed of Tnut constitutes a "Lcadlold Mortpp" mar die 11n11S t1I the Leue ml tlll& dlia Ap!llllellt c:onstitutes 11.0tice to Landlord of die Deed of TnJll pamllDl to Scion l l(o) of Ille Deed of Tnut. 2. Acqujsitloa of Property by Lmcler. If Lender sball become the awncr of tile Mortpacd Propert:y as a result of a fom:Josare of lbl Deed of Truil, or If tbl Monppd Property sball be sold by reuoa ofa fincloun ofdsc Dclll of'Tnacto my dmd party, er lf1be Mortppd Property shall be aamfemd by cllld-iD-IIIU of fbncloae (my such fanclosure er deed-in-lieu of fonclmure beina collemtvely calllcl a "Fancmnj, dim 1111 i.-111111 cominu.e as a cllem tea becwllll temr. or die U1izd party wbo acquuw die Morlplld Prop1ny • a Foreclosure (Lender IDd aay such third Jlll'lY beina colJlcthely called tbc "SUCCCID' Owner"), provided dial the Suecmor Ownlr' sball not be: (a) liable or responsible for ;my prior act or omisaioa ofTenam; (b) subject to any claims or dmmm which L&dlord migbt have apinsl Tenant. (c) oblipted to cure any prior dc&ult by Tmam under lhe Lcuc: which Clllllot reasonably be cured by die Succeuor °'"*'; or ( d) bou.nd by my amendment to the Lelle not IIIP'Oved by Lender in writin&, 3. Represengtjons by Landlord. Landlord banby 1ep ... M1is and wamnu dul following to Lender: (a) The Leuo has not l:lem amended, and die Leue is In fllll farce and eftict; (b) Tenant is not in default of my of its oblipliom under lbl Lelle 111d no evenu !lave occurred which, wi1h aatice, the paap of time or bodl. would constituae I default in any ofTmam's oblipdom tlDdlr me Leue; 2 DAU..U4 6651 lM ll'l'-2:m t .._ .. • • • ,,. l~...::). 11110/2004 11:00 m P .004/007 (c) The re payable under the Leue bas bMD plid iD ftzll mr the emire 1am of tbc Lc:uc; (d) (e) 1'1le "Pllklq Imp,ovematl" (• u:b am Is deaned ill Ille IMN) baY9 ham c:omtrur:1lld in ICCOl'dlacc wilb Illa -.ms of 1bo i.-; 111d Landlord bas all rcqun poww and audlority 10 exec= and daliv• this Aareement- 4. OrTema and Mmmmn oC I :Rdkml Landlord IMnby coYIDlllts 10 111d aarees with 111d 1br 111a bladt ofLcndcr u follows: (a) Tbe Lease shall not be amended abr the datm of this Ap'ccmcnt wi1hout Lender's prior wriUID consent; and (b) In lbc cvau of aay tmmination of the Lcuc (IIICludiq, wilhout timilllioa. any terminldon punuaat to tbe Fcdcnl Baalauplcy Code), (i) Lender shall have lbc rlpn 10 reques !hat Landlord enter mro a new lalD aar-m with Lender or i1I daipN wnbiD one hundred eipty (llO) days after die dire on which Lender rccciws writ1m IIObce of tbe 1mmination of the Lcuc, and (Ii) Landlord and LendS' (or i1I desip•) sball cnm um, such new lcuc qrccmmt on the sane tlrmS 111d c:ondltioaa u the Leu,. 11 modified by this Apement, wl1hiD dwty (30) days dar Landlord rec:elves Lcnclcr' s r9qUllt; 5. ~-All notices be siYa Wldcr lhia Agrwmmt (and llllder the Laa 10 Lender) sblll be in wrtdng and sball be demned to have been pven on tbe earlilr of(a) the dlllt ofrec,ript by the addrellec or (b) tine (3) business days aim deposit in Illa Ullited Simi mail. regisllred or cartified, remm receipt requestld, tlrst-elass pomae prepaid, lddnsNd to Landlord or Lender u t'ollows; Lmdlord: City ofEnslewood 1000 Eql.ewood Parkway, En&lewood, Colorado IOl 10 Lender: General Eledric Capital Business Asset Funding Corporation I 0900 NE 4th Strat, Suiul SOO Bellevue, Wuhin&lon 91004 Ami : Middle MarkM llisk/Opentions Deplnment The address to which any noticc or odlcr writin1 must be sent 10 ei1her party 10 this Aer,,ement may be chaqed upon written notice given by such party u provided above . 6. ~-In the event of my conflict between die tmns of this Aammcnt 111d any otthe terms of the Leuc:. the terms of this A~ent shall govem 111d comrul . 3 , ' : .. ·' • • 1 Vlat.m4 17:0CI &9 P .a:MJr/ 7. Dlmi IX 1PnN PJpflpp If Ill)'-cir paavllloa ot1llil ~ ii Wei 1D be iDepJ, iaftUd CII' .............. llplb,y, fflidlty ... ~ ot .. I I '• -. • JWo•lllwww otdds ~-n aot bl dClld ....,, ad ia Ilea otma iDlpl. ilmlJd ar-..bOililbls tlllm or~ ... all be lddld • d Drmdda ~ a lapl, ftlld ad ...._.. 11am cir pm,fliaD • limiJar • pollible tD .. firm or J110Vi1im de&:1-1 Illlpl. llmlkl,....... . .. I. ChmaiDc Law. nil AalW IDd aD oftbe 11WIKOm g CCII iapla&,ld ... all be penied by_, eGIIICn1ld __ ...._ wllla .. laws ottlle s... ofColando. 9. '8lilll, TIie Clpdcllll ...... i.....s oaly b oaa¥a1imce of rdnaca llld ia ao way ..._ limit, or dllldt 1111 IO'lpl ar lmat of 1lds Aar-cir Ill)' pll1lmJlr pll'lll(IPI or Neb oflllil At# tat, artbl pn1p1r OlalllrllGlfcaa otdda Apw. IO. 5nnn: pl "1PIII Tim A..-.al 1111n 1D tie llw&t of ad be bindiaa apaa .. JIIIUll tD dlia A..-• dlllr rllplCll.e lllin, saa:acn 111d llllps. mcarn, ACDOWLIDGD AND Da.l'YDID CXl lbc -tint lbcM writtlll. OTY OWIKGLSWOOD, COLOa.ADO, • Colondo anmicipal ClllpaalU\ By: Prim: Douglas Garrett Its: Lyor ATTEST: Loucrishia A. Ellis, City Clerk 4 11/23/2004 12:22 ~ P .OOVOO'l IPDIUA . LJGAL :ppguPTION AP AR.CEL OF I.A?-ID LOCAT!D IN' THE S0t1TBWEST QUAR.TEll (SW Y.) OF SECTION 3-4, TOWNSHIP 4 SOtJ'I'H. RANGE 68 .W!S'r OF THE 6'T1l PJ.INCIPAL MERIDIAN. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO, MORE PAR.TICULAlU.Y DESCRIBED AS FOLLOWS: . . .. COMMENCING AT THE NOR.TH!AST CORNER OF THE SEY., SW Y., SW~ OF SAlD SECTION 34; THENCE N 77°30' S l" E 272.09 PEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH SIDE OF WEST G1R.ARD A VE:Nu'E AS DUJNED BY THE GIRARD PLACE SUBDMSION (llCEPTION NO. 2776667); THENCE ALONG THE SAID soum LINE Of WEST OlllARD A VENUE N 89°,0'22" w S34 .06 nET; THENCE ALONG THE AAC OF A NON-TANGENT CURVE TO THE lUGBT HA VINO A RADIUS OF l 7S.00 FEET, A CENTRAL ANGLE OF 38°46'37", A LENGTH OF 118 .44 FEET AND A CHORD BE.ARING N 70oOO'or :E 116.19 PEET TO A POINT ON THE SOUTH LINE OF THE VACATION LINE FOR. W!ST GIRARD A °VE'<"'UE (RECEPTION NO. 2939714); THENCE S 89°SO'l2" E 92.53 FEET ALONG THE SAID SOL"TH LINE: THENCE ALONG THE AR.C OF A CURVE TO TH! L!:T HA YING A RADIUS OF l&i . .SO FEE'r, A CEllrI'RAl. ANGLE OF 14°42'14", A LENGTii OF 46.58 FEET AND A CHORD BEARING N 82 °48' 31" E 46.4S FEET TO A POINT OF REVERSE C,.iRV ATURE: THENCE A.LONG !HJ: ARC OF .t... REVERSE CUR.VE HA YING A RADIUS OF 218.SO FEET. A CENTRAL ANGLE OF 7°59' 12". A LENGTH OF 30 .'6 FEET AND A CHORD BEARING N 79027'00" E 30.43 FEET TO A POINT ON THE NORTH LlNE OF WEST GIRARD A VENUE AS DEFINED BY THE GIRARD PLACE SUBDIVISION (RECEPTION NO. 2776667); THENCE S 89°50 '22" E 302.87 FEET ALONG THE NOllTH LINE OF SAID WEST GIRARD A 'VENt.ra; THENCE ALONG THE ARC Of A NON-TANGENI' CURVE TO THE lUGHT HA VJNG A RADICS OF 20.00 PEET, A CENTRAL ANGLE OF 61 °30'10", A LENGTH OF 21.47 FEET AND A CHORD BEARINGS 34°24'33" W 20.45 FEET; THENCE S 6,0 09'36" W 20 .00 FE..-=!; THENCE ALONG THE ARC OF A CUR.VE TO Tm I.Ur HA V!NG A RADIUS OF 29.00 FEET, A CENTRAL ANGU Of 65°00' 00", A LENGTH OF 32.90 FEET AND A CHORD BEARINGS 32°39'38" W 31.1 6 FEET TO THE TR.UE POOO OF BEGJNNING. 6 t • • - 0 -f . PROPERTY LOCATION u, ........... VICINITY MAP N.l .S . s I .. . . LOT 1 BLOCK 1 GIRARD PLACE SUBDIVISION RECEPTION NO. 8011594 ·• • • .. "··-· •. I • .. ., . • • '-.;.., . ~ ' .. .. ' ·: ~:. ;:;, .. 0 {---. LJ ,. . ss l ' . . PIIAR MOR PARKING LOr a:~ ui ... 1::1 , 3' u w • J \, NOTTO SCALE .... ............. -.. - ---S 89' 58' 41 • l ~-s,,,7 'i.!JK.. • kzu.'_J. 1,1 w ~ llASIS or UEABft:Jt n: ,.., -~ M( 11~5l0 OOf .l s• •I • s• •I• Slc J • , u I< A 1" lit.UM C~ l S r rAI' IS l109J (SOI lltl ' ,. (. COUNCIL COMMUNICATION Date: Agenda Item: Subject : December 6, 2004 11 Ci Master Bicycle Plan and associated Addendum to Roadmap Englewood: 2003 Comprehensive Plan Initiated By: Staff Source: Public Works and Community Development Ladd Vostry, Engineer, and John Voboril, Planner PREVIOUS COUNCIL ACTION The Master Bike Plan was presented to City Council at the June 21" Council Study Session. PREVIOUS BOARD AND COMMISSION ACTION The Englewood Transportation Advisory Committee reviewed the Master Bicycle Plan on February 12, 2004, and a motion was made to approve the Master Bike Plan at the March 11, 2004 meeting. The Master Bicycle Plan was presented to the Englewood Planning and Zoning Commission study session on April 20, 2004.· The Englewood Parks and Recreation Committee reviewed the Master Bicycle Plan on May 13, 2004. The Englewood Planning and Zoning Commission held a public hearing on the Master Bicycle Plan on October 5, 2004. Following the public hearin& the Planning and Zoning Commission asked that the plan be forwarded to City Council with a recommendation for approval. Suggestions incorporated into the Master Bicycle Plan document: • Provide signage geared to children, as well as adults • Provide signage pointing out local and regional destinations • Explore installation of pedestrian crossing timers at intersections with Santa Fe Drive and US Hwy. 285 • Explore a formal trail connection to Pirates Cove and provide adequate bicycle parking • Make bicycle maps available to students at schools • Exp lo re opportunities for private sponsorship of bicycle maps and infrastructure • Coordinate with police representative to schools on bicycle traffic safety REQUEST Staff requests City Council approve a resolution adopting the Master Bicycle Plan and an associated adden dum to Roadmap Englewood: 2003 Comprehensive Plan . t .. ; .. • • BACKGROUND The City of Englewood first adopted an introductory bicycle system plan in 1981, which was implemented soon after. Additional bicycle planning phases were envisioned to occur in the future. The deveiopment of a new comprehensive plan with a strong transportation element has elevated bicycle planning as a priority for the City over the next decade. Roadmap Englewood identified and discussed various community assets and challenges that are characteristic of first-ring suburbs, such as Englewood. In light of the community's assets and the challenges that it faces, the three R's -revitalization, redevelopment, and reinvention, were presented as a collection of strategies designed to allow the City to capitalize on its assets in order to overcome its challenges. Enhancing Englewood's bicycle route and trail system taps into the concept of building upon community assets in order to overcome community challenges. Roadmap Englewood identified current holes in the City's bicycle route and trail system in the Current Conditions and Indicators section. The vision for Englewood as laid out in the comprehensive plan, seeks to fill in the gaps, as well as exploit new opportunities that were identified in the City's bicycle system. The plan mentions a number of these gaps and opportunities by name, including trails such as Little Dry Creek, Big Dry Creek, South Platte River, Northwest Greenbelt/Harvard Gulch, and General Iron Works trails . The plan also mentions the general expansion of signed bicycle routes throughout the community, as well as the development of supporting infrastructure such as video bicycle detection signals, bicycle racks, and air stations. A number of goals and objectives found in Roadmap Englewood serve as expressions of a policy direction toward a vision of a comprehensive bicycle route and trail system: • Emphasizing improvements to bicycle modes of transportation • Maximizing travel mode choice opportunities • Improving directional signage for bicyclists • Improving air quality and reducing fossil fuel usage • Increasing awareness of bicycle safety issues • Creating continuous non-motorized connections • Improvi ng bicycle facilities and infrastructure • Achieving community integration through a full transportation network NOTED REVISION TO MASTER BICYCLE PLAN .A n error concerning the minimum flow to flow street width for bicycle lanes was detected by the City Traffic Engineer and was subsequently changed from 42 feet to 48 feet, out of concern for public safety . FINANCIAL IMPACT There is no direct cost associa ted with this Resolution. The Master Bicycle Plan presents a co mprehensive list of projects that will contribute to the envisioned system. Projects will be submitted over time for inclusion in the City's capital budgeting process and will compete with other City projects for funding. ' . .._ • • LIST OF ATTACHMENTS Master Bicycle Plan Resolution . Master Bicycle Plan . Master Bicycle Plan Addendum to Roadmap Englewood: 2003 Comprehensive Plan . ( IUIIGIWMO«>. JQJ SERIES OF 2004 A IUIIOLUTION ADOPTING 111B Cl1Y OF BNOLEWOOD MASTBll BICYCLE PLAN AS AN ADDENDUM TO ROADMAP ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE WHEREAS, the City of Englewood adopted an introductory bicycle system plan in 1981 which has not been updated since that time; and WHEREAS, in 2002 the City completed a Citywide Transportation Study; however, a bike plan was not pursued at that time WHEREAS, die primary focus has been to make the bicycle system more functional, more comprehensive and more attractive; WHEREAS, the Englewood Planning and Zoning Commission recommended approval of the Englewood Master Bicycle Plan at its meeting of October IS, 2004; and WHEREAS, The Englewood Master Bicycle Plan is supported by the goals and objectives found in the 2003 Englewood Comprehensive Plan calling for the promotion and cnhanccment of bicycling throughout the community as an alternative means of tranRportation; and WHEREAS, the Master Bicycle Plan is designed as a flexible document in the recognition that slight modifications may be made to clements of the plan through the coune of individual project design phases; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood, Colorado hereby adopcs the Englewood Master Bicycle Plan as an addendum to Roadmap Englewood: 2003 Englewood Comprehensive Plan ., attached hereto as Exhibit A ADOPTED AND APPROVED this 6th day of December, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk for the City ofEnaJewood, Cokndo, berd,y c:cnify lbe above is a true copy of Resolution No . __, Series of 2004 . Loucrishia A . Ellis, City Ciak .. t • • ( ·• • • • CITY OF ENGLEWOOD MASTER BICYCLE PLAN December, 2004 ".!'vezy time I •ee an adult on a bicycle, I no longer despair for the future o.t' the human race." H. G. Wells t • • FOREWORD The Master Bicycle Plan is supported by the goals and objectives found in the 2003 Englewood Comprehensive Plan calling for the promotion and enhancement of bicycling throughout the community as an alternative means of transportation. The Master Bicycle Plan serves as an addendum to the Comprehensive Plan. presenting a more refined vision of a community-wide bicycling system to be achieved over the next twenty years . The Master Bicycle Plan defines a set of projects. each of which will be carefuly studed. refined, and implemented according to City and departmental priorities. The Master Bicycle Plan is designed as a flexible document in the recognition that sight mocificattons may be made to elements of the plan through the course of individual project design phases. ( 0 ( • • ·O \---l:.J . INTRODUCTION The City of Englewood's Public Works and Community Development Departments take great pleasure in presenting the new City of Englewood Bicycle System Master Plan to the Englewood Transportatio Advisory Committee _(ETAC), the Englewood Planning Commission, the Englewood City Council. and the citizens of Englewood. The need for a 1 new Bicycle System Master Pion was first mode evident through the first phase of the City's Comprehensive Planning process. which included the Englewood Transportation Study. The study led to a number of general conclusions about transportation problems facing the City. and realistic solutions that the City can implement to meet its needs over the next twenty years. An especially profound conclusion that came out of the Englewood Transportation Study was the need to raise the importance of transportation alternatives to the single occupant automobile. the dominant form of transportation. The City of Englewood faces major barriers to the expansion of roadway capacity, including limited right of way and prohibitive financial costs. The best answer for Englewood is to promote the development of alternative transportation modes. One of these modes is the versatile bicycle. The promotion of bicycling as an alternative mode of transportation is complementary to the philosophy of The Three R's : Revitalization. , Redevelopment. and Reinvention. that serves as the foundation for Roadmap Englewood: 2003 Englewood Comprehensive Plan . This philosophy rests on the idea of building upon the community 's assets in order to overcome community challenges. As an older first-ring suburb. the City of Englewood enjoys the advantages of a highly connective grid street network that is often characterized by relatively broad, quiet. and attractive residential streets that are conducive to bicycling. A bicycle- fr iendly environment is one of many qualities that the City may use to its advantage in attracting new residents and businesses to rev italize . redevelop. and reinvent the community . 2 ' • • 0 0 An effort to collect information regarding Englewood citizen desires for transportation improvements in the community was made during the First Phase of the Comprehensive Planning Process within the Englewood Transportation Study series of neighborhood meetings. The following statements represent a summary of the public's desires for bicycle improvements articulated within the context of the neighborhood meetings: • Enhance the connections to the South Platte River Trail. Big Dry Creek Trail. Little Dry Creek Trail, and connect the Northwest Greenbelt/Harvard Gulch Trail to the South Platte River Trail. I • Provide a connection for the Little Dry Creek Trail from the Englewood Marketplace shopping center to CityCenter Englewood. Englewood Civic Center. and Englewood Light Rail Transit Station . and the South Platte River . • Extend the Big Dry Creek Trail to the Highline Canal Trail. • Provide bicycle amenity improvements by providing bicycle parking at c;iestinations. bicycle signing and maps. and bicycle video detection at signals along bike routes. • Provide pedestrian amenity improvements by providing benches. trash receptacles. newspaper kiosks. lighting and bulb-outs or curb extensions at intersections . Stu dents from Flood Middle School. Cherrelyn. Charles Hay. Maddox and Clayto n Elementary Schools participated in a survey to provide the City input on student preferences and priorities. The survey results indicate that a vast m ajority o f students own bicycles. the average number of bikes per hou sehold is 3.6. and the majority of students ride their bicycles at least on e time per week. This is a significant portion of the bicycle population th at the City is trying to serve. This group indicated a strong desire to see bett er connections to and from schools as well as parks. trails and city serv ices such as the library and the recreation center. 3 ' .. .· • • ( Enc,MIIOOCI Sludlnll Eltlmale Their I lc,ae U1ag9 Public desires for transportation improvements within the Englewood community formed the basis for many of the transportation objectives found in the 2003 Englewood Comprehensive Plan. The transportation element of the 2003 Englewood Comprehensive Plan contains a number of objectives that support the development of a comprehensive bicycle system: 4 Obj. 1-2 Recognize the limitations of increasing arterial road capacity by emphasizing capacity improvements to pedestrian. bicycle transit modes. > Obj. 1-4 Maximize travel mode choice opportunities both within and between residential, commercial, recreational. and civic areas . Obj. 1-7 Improve directional signage for automobile traffic. pedestrians . and bicyclists. Obj. 2-3 Pursue strategies to improve air quality and reduce fossil fuel usage. Obj. 2-4 Support educational efforts to increase awareness of automobile traffic. pedestrian. and bicyclist safety issues. t • • • - .. Obj. 4-1 Create continuous transit and non-mo torized connections between City Center and downtown Englewood, as well as the surrounding residential and business community. Obj. 4-2 Improve bicycle facilities and infrastructure in strategic locations throughout the city . Obj. 4-5 Promote Englewood as one community by achieving integration between individual neighborhoods as well as neighboring commercial districts through the design of a full transportation network. IMPLEMENTING THE BICYCLE PLAN To make bicycling more efficient. safe. fun and practical. the implementation will include the following: Blice Route System -Update the on-street bike route system in order to aid citizens in finding the routes that are the most advantageous both locally and regionally. Slice Lanes -Examine the existing bike lane system and future possibilities. Blice Trails -Enhance off street. trails to allow users of all types an opportunity to recreate and commute safely without the worries of riding with motorized traffic. Major Missing Links -Identify major bicycle facility missing links. Bicycle Amenity Improvements -Identify locations where bicycle . amenities are needed. Bicycle amenities include air and water stations. b icycle parking, restrooms . and bicycle video detectors. The implementation of the above listed bicycle features will greatly enhance bicycli ng throughout the City of Englewood . 5 ,. t •4' ..• .. ·: 0 ( . BICYCLE ROUTE What Is a bicycle route? In some ways a bicycle route is not a true bicycle facility. There are no stripes or other special provisions. In general. a bicycle route simply informs bicyclists how to get from point A to point B or identifies a particularly advantageous corridor. At a minimum a bike route is designated by signage. "" Tbe Goal Create a bike route plan to guide cyclists to local schools. parks. libraries and other amenities within the city and to aid cyclists traveling through and between adjoining cities. The City of Denver has succeeded in developing a city-wide bike route and numbering system that this plan models and is consistent with. Elements of the Bike Route Piao Numbered Grid Bicycle Route -Create routes to connect parks. schools. city services and regional destinations using a grid format where each route is assigned a number. The route numbers correlate with Denver's route numbering system in order to help cyclists find destinations when commuting between Denver and Englewood. The objective is to.extend this numbering system throughout the surrounding south-metro suburbs in order to create a compreh~nsive bicycle route system . Website -Information about the Master Bike Plan and a map detailing bicycle ways will be posted on the City's website . Users of the City's bikeway system will be able to contribute input via the website. Bicycle Map -A map of the City of Englewood's bicycle routes and their designated numbers will be developed to aid cyclists in choosing routes according to their own bicycling needs. preferences. experiences and abilities. Involve local businesses by having them sponsor the 6 ' .... .. • • 7 development of the maps in return for advertising on the maps. They will be available at City facilities, local bicycle stores, destinations cyclists frequent, Englewood schools and on the City website. Bike Route Slgnage -Standard MUTCD existing "Bike Route" (D-11) and new bike route symbol with number (M 1-8) signs will be placed along the designated bike routes at approximately every other block. The signs will be used in conjunction with the bicycle map and numbering system to identify selected routes. In order to provide navigational information, supplemental plaques will be used with the route signs in order to convey the following: • Destinations along the route • Distances to desired destinations • Direction of travel. • Directional assistance at decision points where several routes come togeth er. Directional signage will be used to guide cyclists to key locations, for example -parks, schools and other trails. The directional signs will have the same logo so that cyclists will eventually become familiar with the signs and recognize them as informational signs that will guide them to destinations along the bike routes. Information on the signs will include the destination with directional and distance information . Denver M 1-8 numbered bike route sign with dirKHonal plaque. ( .:.., .. ' • • Bike Route -A recommended route to help guide cyclists from point A to point B, designated by signage. Commuter Route -Routes designated on collector streets, intended for experienced bicyclists who are able to maneuver a bicycle, safely, on higher traffic areas . Neighborhood Route -A neighborhood route circulates riders off the main route to local amenities. it is not numbered. Analysis Analysis began with a review of the existing conditions of the limited bike route system and the determination of the current and future opportunities. strengths and weaknesses of the existing bike routes . The criteria used in determining the best locations for proposed bike routes are listed below: Street that have elements that make riding safer such as: o Traffic signals and crosswalks at major intersections such as 8 Broadway or Highway 285 o Streets that provide width o Low volume streets o Streets that span the city to avoid abrupt "dead ends"· o Routes that do not simply dead-end at the city limits but continue into adjoining jurisdictions t ·'-1 .• ... • • 0 Connection to: o Amenities and facilities within the city o Existing trails o Light rail and other transit o Other bike rou~s both with in and outside the city Existing Blice Route System : The City of Englewood first established a Bike Route and Trail System in 1981. The report looked at a number of factors to develop a basic system spine including adjacent routes and trails, needs of Englewood citizens, good potential trails in Englewood, and safety considerations. The system chosen was focused along a primary north-south axis. and a primary east- west axis . The north-south axis started on Clarkson Street at Yale Avenue and was designed to connect with the Porter Hqspital area of South Denver. The route proceeded along Clarkson to Bates Avenue, followed Bates Avenue to Sherman Street. continued along Sherman Street to Chenango Avenue, followed Chenango Avenue to Lipan Street. conf!nued on Lipan Street one block north to Layton Avenue. followed Layton Avenue to Windermere Street. and proceeded along Windermere Street to the city limit at Belleview Avenue. connecting with an identified route to downtown Littleton . A diversionary spur to the east at Sherman Street and Quincy Avenue connected to the Cherry Hills Village Bicycle Trail. The east-west axis started at Romans Park at Floyd Avenue and Franklin Street . The route proceeded along Franklin Street to Dartmouth Avenue. and continued along Dartmouth Avenue to the western city limit at Zuni Street . The route was intended to connect with identified routes to Eis e nh ower Park and the Highline Canal Trail in Southeast Denver, and Lo rre t o Heights College in Southwest Denver. An alternative spur branched off to the north along Zuni Street from Dartmouth Avenue, reaching the city limit at Evans Avenue. and continuing north into West Denver. Futu re local routes were envisioned to branch off one of the two primary axes to c onnect various Englewood neighborhoods and community fa ciliti es . Unfortunately, due to turbulent economic times and subsequent 9 ' ... .. • • ( ( city restructuring. off-street bicycle route planning went into a dormant stage for the next twenty years. - EXISTING ROUTES North -South Streets Seament Zuni Evans to Dartmouth Clarkson Yale to Bates -Sherman m Bates to Chenanao Lioan Chenanao to Lavton Franklin Dartmouth to Floyd ~ East -West Streets Seament Dartmouth Zuni to University Bates Sherman to Clarkson Quincv Sherman to Clarkson Lavton Windermere to Lioan Chenanao Lioan to Sherman Proposed Routes The proposed route system provides signing for bicycle routes to major destinations and provides improved east-west connections and connections to adjacent city routes. PROPOSED ROUTES North -South Streets Seament Sherman . E-9 Yale to Chenanao Elati , E-7 Yale to Kenvon Windermere. E-5 Kenvon to Prentice Delaware.E-7 Kenvon to Chenanao Clarkson , E-9a Yale to Belleview Franklin. D-11 Amherst to Flovd Lowell. D-3 Belleview to Bear Creek Trail 10 .. t ·.lot ,• • • • PROPOSED ROUTES East -West Streets Seament Bates. E-20 Galaoaao to Franklin Floyd. E-24 Huron to University Kenyon. E-26 Pennwtvania to Windermere Oxford. E-28 Decatur to Clarkson Quincy, E-30 Windermere to Clarkson Chenanao. E-34 Sherman to Clarkson Union/Tufts. E-32 Decatur to Lowell Blvd NEIGHBORHOOD ROUTES .. Enalewood Pkwv Little Drv Creek -Bati Huron Kenyon to Mansfield Mansfield Huron to Delaware Marioosa Lavton to Tufts Stanford Dr Stanford to Southwest Greenbelt •• Alternate route to consider is 285 from LDC to Bati COMMUTER ROUTES Zuni Evans to Dartmouth Dartmouth Zuni ,o University Clarkson Yale to Belleview Lowell Belleview to Chenanao. at Tufts Justfflcqflon tor Proposed Ilk• Routes Sherman -E-9 • Connects to exi sti ng Denver, D-9 . route 11 • D-9 connects to Cherry Creek trail • Lowvolume • Wide st re e t • Access to Denver. Malley Center, Cherelynn Bementory, Flood Middle School. Swe dish Me dical cent er. Englewood High School and Bates Logan Park t .. • • C • - • Connects north end of Englewood to south end Clarkson -E-9a • Connects to existing neighborhood route in Denver to Porter Hospital and to Harvard Gulch • Access to Little Dry Creek Trail. Englewood High School and athletic fields • Traffic lights at Girard Avenue. Hampden SH 285 and Belleview Franklin -P: 11 • Connects to Denver Route. D-11 that connects to Washington Parle and Denver Botanical Gardens • Terminates at Roman's Park in Englewood Elati/Delaware E-7 • Good north south connection • Access to Bishop Elementary. Miller Field. Southwest Greenbelt, Clayton and Sinclair Elementary Schools • Connects north to existing Denver neighborhood route that extends to Iliff and access to Park and Ride Windermere -E-5 • Access to RTD light rail train stations . Cornerstone Park. Belleview Parle. Big Dry Creek Trail and South Platte Trail • Wide street. good commuter route • Good connections to many West-East Routes • Connects to existing Littleton route to the south Bates -E-20 • Good East West Connection • Access to Bates -Logan Parle • Access to future commercial and high density residential development and light Rail Station • Low-Volume 12 .. t . -· .. • • • Dartmouth E-22 • Connects to Highline Canal trail just east of Colorado Blvd • Key route in Denver's bike route system connects to Denver route on the east and west side • Traditionally, a bicycle commuter route • Connects to South Platte River Floyd-E-24 • Spans city • 1 O' sidewalk built behind fence. east of Inca. designed to accommodate pedestrian traffic at the time the City Center was developed • Access to Roman's Parle on the East and Englewood Civic Center. Pubric Library and Light Rail Station on the West side • Traffic Lights at Cherokee. Broadway, Sherman. Logan and Downing Kenyon -E-26 • Strong East -West connection • Access to Floyd Middle School and Herb Hosanna Athletic Field behind Englewood High School • Wide Street • Traffic light at Broadway Oxford -E-28 • Existing bike lane from recreation Center to Acoma on both sides of the street • Access to Recreation Center • Wide street Quincy E-30 13 • City Limit to City Limit east-west connection • Access lo Jason Parle • Connects to existing bike trail east to Cherry Hills that leads to Highline Canal. • Connects with D-22 route at Happy Canyon Rood. .. t ,. .. .• • • - ( Chenango -E-34 • Spans city • Access to Belleview park and Big Dry Creek Trail • Connects to Sinclair Middle School and All Souls School • LowVolume Unionautts E-34 -. Centennial Park connection • Connects portion of Englewood west of Federal • light and crosswalk at Union and Federal to provide safe Crossing across Federal BICYCLE LANES What Is a bicycle lane? -Bike lanes are designated lanes on a roadway that are signed, striped and marked for bicycle use. Existtna Cond1t1001 Currently the only bicycle lane that exists in Englewood is on Oxford from approximately Kalamath to Acoma. The lanes are on the north and south sides of the street and are 13 feet wide. The lanes are designed to provide both on-street parking and a lane for bikes . . Analysis Bicycle Lanes are not a great tool for bicycling in Englewood for the following reasons: 14 1. "Share the Road" mentality is important. When striped lanes are prov ided there is a tendency for the bicyclist to feel that they "own" that portion of the road . 2. Road widths in Englewood are not sufficient to provide for parking, striped bicycle lanes and two-way traffic. The minimum street width required is 48 feet flow to flow and the majority of Englewood streets are less than 36 feet flow to flow. t . .,.. ·' • • • CJ Providing additional bicycle lanes is not recommended for the reasons listed above. If. in the future, it becomes apparent that a bicycle lane could possibly be a good tool in the bicycle system at a specific location, a study will be performed. If the study proves that the system would benefit by installing a bicycle lane(s) then it may be considered. BICYCLE TRAILS Regional and local trails serving Englewood primarily have been developed along water and drainage ways. The City of Englewood can contribute to the construction and improvement of a first-rate regional trail system by assisting in the development and improvement of local collector trails that feed into the regional trails system. Regional trails include: • South Platte River Trail -A big segment in the Colorado trail system. Basically bisects the entire metropolitan area; follows the South Platte River, originates at Waterton Canyon, where the river leaves the foothills and flows onto the plains and continues north through metropolitan region to Brighton. The trail extends from city limit to city limit along the Platte River alignment. flanks Englewood's western boundary. • High Line Canal -Follows a meandering path to the south and ,east of the City, originating in Highlands Ranch and ending near Buckley Air Force Base in the City of Aurora. • Bear Creek Trail -Connects to the South Platte River Trail just north of the golf course . Trail extends to the west and cpntinues to Morrison. Local trails that are predominantly located within Englewood city boundaries include: l5 • Little Dry Creek -begins at approximately the 3700 block of Clarkson and follows the Little Dry Creek alignment to the City Market Place where that portion of the trail ends. The trail picks up again on the west side of Elati. just north of Floyd and extends to E. South Platte River Drive. The proposed bike route in this plan connects the fwo trail segments . A trail head exists on W. Platte I• ' .... ,• ,. • • • -· ( ( 0 . River Drive and Dartmouth but it is difficult to bike there from the end of the Little Dry Creek Trail. A critical missing link is a pedestrian bridge over the South Platte River from E. South Platte River Drive to the trail head at Dartmouth and W. South Platte River Drive. • Big Dry Creek Trail -Begins just south of Belleview at Progress Park and follows Big Dry Creek under Belleview through Belleview Park under Santa Fe to a pedestrian bridge that spans the South Platte River and connects to the South Platte River Trail. Plans for the trail to extend from Progress Park to Lehow Avenue have been completed and the construction of the trail extension began in May 2004. • Southwest Greenbelt Trail -Originates at Rotolo Park at Huron Street north of Stanford Avenue and follows a drainage path in a southwestern alignment and ends Delaware Street. south of Stanford Avenue. • Centennial Park -Bike trail that encompasses Centennial Park and connects to South Platte River Trail at two locations • West Harvard Gulch Trail -Originates in Denver at Federal and follows Harvard Gulch alignment enters Englewood city limit at Zuni and continues to Raritan. The City of Denver and City of Englewood are working together to extend the trail from Raritan to the east to connect with the South Platte River Trail. Key Missing Unks The following have been identified as missing links in the City of Englewood's Bicycle trail system. 16 • Big Dry Creek Trail extension from Lehow Street under Broadway to City Limits • Connect Northwest Greenbelt/Harvard Gulch Trail to the Platte River Trail • Bik e/Pedestrian Bridge over Platte River at Dartmouth. t ' .. ,.• . . • .. •' • • -.... • Bike/Pedestrian Bridge over Highway 285, adjacent to the Santa Fe bridge. to connect City Center and light rail station with the south end of Englewood and to provide a safe crossing over US 285 for bicyclists and pedestrians. • Bridge for bicycles only at the Englewood Golf Course over South Platte River. • The Little Dry Creek Trail connection to City Center. • Trail parallel to stairs at Pirates Cove connecting Big Dry Creek trail to Pirates Cove. A Platte River Open Space Plan has been developed and includes improvements for The South Platte River Trail corridor. The suggested improvements are to provide a dual trail where possible and link redevelopment sites to the trail system. BICYCLE FACILITY IMPROVEMENTS Providing the following Bicycle amenities will promote cycling by making cycling more convenient and safe. Bicycle Amenities Bicycle Video Detection A bicycle video detector makes it possible to sense bicycles and allows for signal control. Video bicycle detectors work at traffic actuated signals that use video detection. Bicycles can be detected at a number of locations within the detection camera's field of vision. When needed, a 17 t • • -- ( bicycle symbol may be placed on the pavement indicating the optimum position for a bicyclist to stop to actuate the signal. The video detector recognizes a bicyclist just as it would an automobile. Over time. the City will gradually replace traditional in-ground loop detection devices with video detection devices throughout the City. Signalized intersections along bicycle routes should be considered as a factor in prioritizing signalized intersections for conversion to video detection. BJcycle Parking, AJr and water stations Bicycle Parlclng Objectives for providing bicycle parking areas: 1 ) To encourage _the use of bicycles for personal transportation as an alternative to motor vehicles. 2) To provide for bicycle access to employment, commercial. and other transportation destinations. As part of the planning process, a survey was done to determine what bicycle amenities are provided in the city. The survey was broken into three categories; city facilities, parks and commercial areas. 18 • City Facilities -After review of the city facilities it was determined that adequate bicycle parking is provided at city facilities. • Parks -It was found that the only three parks that provide bicycle racks are Corner Stone Park Belleview Pork and Pirates Cove. the new water pork. This plan recommends that bicycle racks should be installed at all of the porks that have ploy areas; which include the following: o Jason Pork o Centennial Pork o Cushing Park o Baker Park o Bates-Logan Park o Romans Pork . t ·• .. .. • • -. 0 ·O 0 . Key Commercial Sites -The City's various commercial districts were visually surveyed as to whether the provision of public bjcycle parking is warranted. These areas included the following districts: • Englewood Central Business District and Swedish/Craig Medical Centers • Broadway Corridor-Gateway District (N. of Eastman to city limits) • Broadway Corridor-Cherrelyn and Brookridge Districts (S. of US 285 to city limits) I • Logandale Industrial District (area between Oxford LRT Station and CityCenter) Englewood Central Business District and Swedish/Craig Medical Centers The Englewood Central Business District includes City Center Englewood, historic downtown Broadway. and various adjoining areas. The Central Business District and the adjacent Swedish/Craig Medical Center District should be considered as the City's top priority for providing public bicycle parking. These areas will attract more business trips than any other part of the City. The relatively wide sidewalks that exist in these areas make the provision of public bicycle parking feasible. The City Center, itself. has adequate bicycle parking with 6 bicycle racks and 2 sets of bicycle lockers . Broadway Corridor-Gateway District This section of the Broadway corridor was recently improved and en hanced with a streetscaping plan that provided medians. corner si d e walk bulb outs . park benc hes , and trash cans . The provision of public parki ng infrastructure would work well with the w ider sidewalks and various improvements. Broadway Corrldor-Cherrelyn and Brookrldge Districts At this t ime. the nature and character of the Cherrelyn and Brookridge Dis tr icts does not lend itself to providing public bicycle parking infrastru cture, due to the narrow sidewalks . However, the City has comm itted itself to raising funds to make streetscaping improvements to 19 ' ... .. • • 0 . both of these sections of Broadway. An effort should be made to include public bicycle parking as one element of this program. Logandale Industrial District The Logandale Industrial District was recently analyzed for redevelopment potential as part of the Englewood Light Rail Transit Station Area Study. At this time. the narrow widths of sidewalks in this district do not lend themselves to the provision of public bicycle parking. However. the study calls for streetscaping enhancements. Public bicycle parking should be included in future streetscaping projects for this area. The City of Englewood's Unified Development Code states that bicycle parking will be r~quired for all new multi-unit residential or commercial development. including expansions and changes that would result in additional parking being required. Water Stations and Restrooms Most of the parks in Englewood and city facilities provide water fo~ntains and restrooms. The exceptions are Duncan. Rotolo. Emerson. Clarkson - Amherst. and Barde Park. The size of the parks and the amount of recreational usage does not warrant water stations or restrooms at these locations. Air Pump Station It is recommended that a pilot study to provide an air pump station at the City Center Englewood Light Rail Transit Station be included as part of this plan. Such a study would look at various issues such as project logistics. capital costs. and operational and maintenance costs. The pilot study would continue to monitor these factors. as well as actual use. after an air pump station is installed . If the program is deemed successful. more air pump stations could be installed In the future in various parts of the city. Pedestrian Ught Crossing nmer Displays a countdown of how long it will take for the signal to change and informs the pedestrian when it is safe to cross. C urrently Englewood hos pedestrian crossing timers at the following intersections : 20 t • • ·• • • • Broadway & Chenango • Broadway & Kenyon • US Hwy . 285 and Inca The intersection of Santa Fe and Oxford is a major intersection that experiences a high level of pedestrian and bicycle traffic . This plan recommends that a pedestrian crossing timer be installed at this location. Because of the high traffic volume on US Hwy. 285 and also on Broadway. this plan also recommends installing the counters at US Hwy. 285 and at Broadway bike route intersections. ' • • -- • ( 0 SUMMARY As part of The Bicycle Master Plan all aspects of bicycle transportation in the City of Englewood were examined and the strengths and weaknesses were discovered. The following is a list of the key action items that are recommended under this plan: • Sign bike routes with their assigned numbers using MUTCD existing 0-11 and new M 1-8 numbered route signs. • Develop route/trail maps to be distribu~ at key locations. • Display route/trail information on City website. • Determine what decision points need arrows and distance information and provide needed signage. 22 • Design and construct key missing links in the trail system as funding becomes available. • Provide bicycle roclcs at porks and commercial areas as funding becomes available. • Install bicycle video detection where it is warranted • Perform air pump station pilot study . ' ... .. • • CONCLUSION This bicycle master plan was developed to help establish Englewood as a bicycle friendly community, with an interconnected transportation network that allows for the needs of the commuting cyclists as well as the needs of the casual or recreational cyclist. This plan will encourage and accommodate bicycle usage and reduce the proportions of trips made by car. To accomplish this. we as a city must strive to increase the number and capacity of bicycle routes. trails and infrastructure. as well as the attractiveness and aesthetics of these connections and improvements. 23 .. ' ., • • NOTES ' • • ·• • • • M ap 1: Existing Bicycle Route and Trail System {t C/frol~C°"" .. • • • -Existing Englewood Bike Routes -Arterials and Collectors -Other Ex isting Bike Routes --Local Streets -Existing Trails D itylimits 8 0 MOO 6,000 9(000FH# TIANSl'OIITATION ,._,:Net ----· -.• I -.~'~ ,..).-~._. ·• • • Map 2: Envisioned Additions to Bicycle Route •nd Tr•il System -E•1st1ng Bicycle Routes -E.ustmg 81Cycte Lane -New Englewood Bicycle Routes -E•1st1ng Traits -New Trad Segments • 8ICycte Signal Crouing Tmers 0 1.000 , --Meriala and Collectors Loca1SlrNta o PalQ/Rec:/School Locat,ona * ltght Rail T rantil Slat,ona D Cllyllllllll , .... ,.., • r \ ~ l I =-' • ' •· • ADDENDUM 1: MASTER BICYCLE PLAN INTRODUCTION The need for a new Bicyde System Master Plan was first made evident through the first phase of the City's Comprehensive Planning process, which induded the Englewood Transportation Study. An especially profound conduslon that came out of the study was the need to raise the importance of transportation alternatives to the single occupant automobile, the dominant form of transportation. Englewood faces major barriers to the expansion of roadway capacity, indudlng limited right of way and prohibitive financial costs. The best answer is to promote the development of alternative transportation modes. One of these modes is the versatile bicycle. The promotion of bicyding as an alternative mode of transportation is complementary to the philosophy of The Three R's: Revit.alization, Redevelopment, and Reinvention. This philosophy rests on the idea of building upon the community's assets in order to overcome community challenges. As an older first-ring suburb, Englewood enjoys the advantages of a highly connective grid street network that is often characterized by relatively broad, quiet, and attractive residential streets that are conducive to blcyding. A bicyde-friendly environment is one of many quaHties that the City may use to its advantage in attracting new residents and businesses to revitalize. redevelop, and reinvent the CQfflfflunity. SUPPORTING TRANSPORTATION OBJECTIVES The transportation element of the 2003 Englewood Comprehensive Plan contains a number of objectives that support the development of a comprehensive bicycle system: Obj. 1-2 Recognize the limitations of increasing arterial road capacity by emphasizing capacity improvements to pedestrian, bicycle transit modes. Obj. 1-4 ~mize travel mode choice opportunities both within and between residential, commercial, recreational, and civic areas. Obj. 1·7 Improve directional silP'Age for automobile traffic, pedestrians. and bicydists. Obj. 2·3 Pursue strategies to improve air quality and reduce fossil fuel usage. t ... ... .. • • ADDENDUM 1: MASTER BICYCLE PLAN Obj. 2-4 Support educational efforts to increase awareness of automobile traffic, pedestrian, and bicydist safety issues. Obj. 4-1 Create continuous.transit and non-motorized connections between City Center and downtown Englewood, as well as the surrounding residential and business community. Obj. 4-2 Improve bicyde facilities and infrastructure In strategic locations throughout the city. Obj. 4-5 Promote Englewood as one community by achieving integration between lncftvidual neighborhoods as well as neighboring commercial districts through the design of a full transportation network. ELEMENTS OF THE MASTER BICYCLE PLAN Recommendations for improvements found in the Master Bicycle Plan can be divided into three categories: Bicycle Route System, Bicycle Trail System, and Bicycle Facilities and Amenities. Bimle Beute Sy,mn The Bicycle Route System through Englewood will be enhanced with the addition of new routes, improved slgnage, a route numbering system, and maps. Numbeftd Grid Bkyde lout. -Create routes to connect parks, schools, city services and regional destinations using a grid fonnat where each route is assigned a number. Blc:yde I~ SipNp -Standard MUTCD existing #Bike Route# (D· 11) and new bike route symbol with number (Ml~) signs will be placed along the designated bike routes at approximately every other block. Supplemental information plaques will be used with the route signs in order to convey destinations along the route, distances to desired destinations, direction of travel, and directional assistance at decision points where several routes come together. Bkyde M.,, -A map of the City of Englewood's bicycle routes ilrld their designated numbers wtU be developed to aid cydists in choosing routes according to their own bicycling needs, preferences, experiences and abilities. W~ -Information about the Master Bike Plan and a map detailing bicyde ways wiU be posted on the City's website. Usen of .. t 0 .. ( ADDENDUM 1: MASTER BICYCLE PLAN the City's bikeway system will be able to contribute input via the website. Bicycle Iraif Systgm -Mjpiu Links The following have been identified as missing links in the City of Englewood's Blcyde Trail System: Big Dry C,-. Trail -Extend trail from Lehow Avenue under Broadway to Oty Limits. Big Dry c,-. T,ail/l'lrale's C~ Connectlon -Develop a more direct connection between Pirates Cove and the Big Dry Creek Trail. Uttle Dry Cn!elr T,al/ -Construct bicycle/pedestrian bridge crossing the South Platte River at Dartmouth Avenue. Uttle Dry C,-. Tl'illil -Develop a well-marked, signed connection between the two main sections of the Little Dry Creek Trail from the Little Dry Creek Plaza Fountain to Englewood Parkway. Northwest Gleenbeh/Hawvd Gulch T,a/l -Connect existing trail to the Mary Carter Greenway/South Platte River Trail. Cifyeente, ~En,N1tood Station -Construct bicyde/pedestrian bridge over U.S. Highway 285, adj.:ent to the light rail bridge, and develop a trail connection to Windermere Street or Kenyon Avenue. Construct a bicyde/pedestrian tunnel underneath Santa Fe Drive, connecting the light rail station to the M"ry !=arter Greenway/South Platte River Trail. Englewood Municipal Coll CCHIIW -Construct a separate, additional bridge for bicycles in order to separate motorized golf cart and bicycle traffic. City Ditch Trail -Establish a fonnal trail connection along the City Ditch starting at the Big Dry Creek Trail to Stanford Avenue. Cener•l ll'OII Woda T,a// -Construct a spur trail north from the Little Dry Creek TrM at Inca Street and Dartmouth Avenue north to the General Iron Works redevelopment site and beyond to the City limits at Yale Avenue. South flt.tie Rww Open Space ,.,.,, · Provide a dual trM system along the South Platte River where possible and link redevelopment sites to the trail system. Develop a pedestrian crusher fines path to H:\GROUP\Flle Loe\2004-10 Maw llicyde ,..,,\lddandum 1 -bicyde plan final .doc • • ADDENDUM 1: MASTER BICYCLE PLAN help separate pedestrian and bicycle traffic. Develop more formalized trail heads with amenities. Bicycle Fadlffla and AmeniJia Providing the following bicycle facilities and amenities will enhance bicycling convenience and safety. Bkyck Video Defedlon . Bicycle video detection systems will be Installed at signalized Intersections along designated bicycle routes where warranted by existing traffic conditions. Bkyde Parldn1 at Chy Pvb · Bicycle racks should be installed in active city parks with designated play areas including Jason, , Centennial, Cushin& Baker, Bates-Logan, and Romans Parle. Bicycle Parldn1 in K.y CommercW Distrkts • The Gty's various commercial districts were surveyed as to whether the provision of public bicycle parking is warranted. Detailed bicycle parking plans will be created for each of the following commercial districts : • Englewood Central Business District and Swedish/Craig Medical Centers • Broadway Corridor-Gateway District (N. of Eastman to city limits) • Broadway Corridor-Cherrelyn and Brookridge Districts (S. of US 285 to city limits) • Logandale Industrial District (area between Oxford LRT Station and GtyCenter) Air Pump Station · It is recommended that a pilot study to provide an air pump station at the City Center Englewood Light Rail Tran sit Station be included ~ part of this plan . Such a study would look at various issues such as project logistics, capital costs, and operational and maintenance costs. Bkyct./l'efkstrian S/,nal Croalltf 11mer -The intersection of Santa Fe Drive and Oxford Avenue is a major intersection that experiences a high level of pedestrian and bicycle traffic. This plan recommends that a pedestrian crossing timer be Installed at this location. H:\CROUP\Ale L"l\2004-10 MM-. llcyde .... \addendum 1 -biqde pun llnal.doc ' ' ,,• , . • • C 3 KEY POINTS THAT SUPPORT ADOPTION OF THE MASTER BICYCLE PLAN AS A SUPPORTING DOCUMENT TO THE COMPREHENSIVE PLAN 1) The Master Bicycle Plan adequately conforms to the pollcy directions expressed In the transportation goals and objectives of the comprehensive plan. Transportation Objectives Obj. 1-1 Emphasize capacity improvements to bicycle modes of transportation Obj. 1-4 Maximize travel mode choice opportunities Obj. 2-3 Improve air quality and reduce fossil fuel usage Obj. 2-4 Increase awareness of bicycle safety issues Obj. 4-1 Create continuous non-motorized connections Obj. 4-2 Improve bicycle facilities and infrastructure Obj. 4-5 Achieve community integration through the design of a full transportation network 2) The Mas,.,. Bicycle Plan Is supportive of pollcy direction• stated In other sections of the comprehensive plan. Parks and Open Space Obj. 4-5, 5-1, 5-2, 5-3 • New trails as a significant part of open space planning • Provision of connections between key recreational lands and facilities Business and Employment Obj. 3-4 • Greater bicycle orientation within and between commercial districts, residential areas, and other communities Environmental Quality Obj. 5-1 • Promotion of environmentally-friendly alternatives to the automobiles, including bicycling · MetroVlsion 2020 Regional Cooperation Obj. 2-5, 2-8 • Recognize the importance of bicycle planning in local comprehensive plans • Enhancing the attractiveness and convenience of non-motorized modes in serving non-recreational travel 3) The Master Bicycle Plan Is reasonably complete and comprehensive. • On-street Bicycle Route System • Off-street Bicycle Trail System • Key Missing Links t ... .. • • • Bicycle Amenity Improvements CITY COUNCIL REGULAR MEETING DECEMBER 6, 2004 MASTER BICYCLE PLAN REQUEST Tonight, on behaH of the Public Works and Community Development Departments, I respectfully submit the final version of the Master Bicycle Plan Document and the Master Bicycle Plan Addendum to the Comprehensive Plan to City Council , with a recommendation for approval and adoption by resolution . INTENT OF DOCUMENT AND ADDENDUM • Vision of a comprehensive bicycle route and trail system • Presents a complete set of projects • Designed to be a flexible document • Addendum serves as a reader's digest version DOCUMENT REVIEW Englewood Transportation Advisory Committee Englewood Parks and Recreation Commission PUBLIC HEARING Englewood Planning and Zoning Commission ACKNOWLEDGEMENTS Wendy Weiman Ken Ross Rick Kahm Ladd Vostry METHODOLOGY FOR DEVELOPING THE MASTER BICYCLE PLAN Existing routes, trans, and planned trait Improvements New routes Regional routes in neighboring cities Local destinations • Civic Center/CityCenter • Downtown Broadway • Light Rail Stations • Schools • Parks • Recreational Facilities New strategic trait connecttona • CityCenter -US285 and Santa Fe • GIWTrail Bicycle Amenity Improvements • Bicycle Route and TraH Maps • Video Detection • Bicycle Parking Districts (Broadway, Swedish, CityCenter, Industrial area south of US285, Parks) • Bicycle Air Station • Pedestrian Light Crossing Timers - ( (_ ( 1. 2. 3. '~2 Calltoorde~ Invocation~~ Pledge of Allegiance 4. Roll call ·• • • Members: ~ 5 . cc 101/e,/ minutes ~j) moved COUNCIL -MNIIIIQ ~ - • t I '::::>-'' ( --.. --i- \ I ! __ _) •· • ·• - • • t .. ,, . (;;/ 3 -= -.......--------,.-;---==I · . I . . . ==---~--==- ----- •· • •• • • ~ I ' lj C~J • ~--;e~---11/Jr~ ---_ -_--------- 'i --1J) ~~ " ---~ --: I --;:;;~ /}'Jtauv ----·~ .. -~ -~ --=-----. . .. I -~ ·- ' . -. -. ---.. .. ~ ---. lbr rf) -. . -. =-.; . . . /qt/a----~ ij . . . . ' • • • ·• • • • --.. .. . • ----·· Jff/D~~ iJft5 / 0 ~ . •· I I • • ( AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 6, 2004 7:30 P.M. Englewood Civic Center -Council Cha 1 000 Englewood Parkway Englewood, CO 8011 1. Call to order. '7:"J;~ 2. Invocation .~ 3. Pledge of Allegiance~ 4. Rollca11.Q~ 5. Consideration of Minutes of Previous Session. ~/)-(; Minutes from the Regular City Council meeting of November .1 6. ~f Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. · Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to :ifi!; cq.·~e'mJ!hlJ rftb'>;..~:: ~ ~ LJ-itf~ . '-0; c/i/J~!rt:!1:c,,m,,o,;, ,;;;, ;.;;.~;·,.~ ;;j.¢9(,, e .. ~· · b~~~i;;::111t"'"' h;, ,.,;ou11= &o;·t:;_-::r-:· Ad,;~~ 9. Coosent Agenda It em,. ~ rJ-~ ,. App,ol}"f O,dioMm on f;,,i Readlog. ~ ~ C b. Aprrdinances on Second Reading . {. "'M' oote , If yoo ha,e , di,abOIO aod need ~•••~ aid<~ """"' "" ~ .;::.,.ttLJ ~ (303 -762 ·2405) at least 48 hours in advance of when servtees are . ~- t • • - Eng lewood City Council Agenda December 6, 2004 Page 2 c. Resolutions and Motions. y- 10. Public Hearing Items. (No Public Hearing Scheduled.) /Y 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. Council Bill No. 63 -Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance rescinding the previous intergovern- mental agreement and authorizing an amended intergovernmental agreement with the Arapahoe County Commissioners pertaining to the Arapahoe County Opn~ ~ ~ ~-. _ Spac~x Shareback Funds . STAFF SOURCE: Frank Gryglewicz, Director.e,~ / ft~;}~dl Bill No. 66 • Recommendation from the 1 Public Works Depar~ent to adopt a bill for an ordinance to approve an agreement with General Electric Capital fJ-0 Business Asset Funding Corporation regarding the landJ~as: "JithJocky Mo~ntain -~LC. STAFF SOURCE: Ri~ Kahm, Di~o~. ~ b . Appg1-of Ordinances on Second Reading. c. Resolutions and Motions. • i. Recommendation from the Public Works Department and Community /)1 • • ;1 /1) J Development Department to adopt a resolution approving the Master Bicycle Plan ~ ~t and associated addendum to Roadmap Englewood: 2003 Comprehensive Plan . 11 -~ 7-:-'Q STAFF SOURCES: Ladd Vostry, Public Works Traffic Engineer, and John Volac,7'1 ~ .... 111 AJiA 'fr'/J//D-ftv?mmunityDevel~ ~?~-~!JJAV~ 12. General Discussion: a. Mayor's Choice. Pl ease note: If you have a disability and need auxilia aids or services, please notify the City of Englewood (3 03 -762-2 405) at least 48 hours in advance of when services are needed. TNnk you. t • • Englewood City Council Agenda December 6, 2004 Page 3 b. Council Member's Choice. 13 . City Manager's Report. 14. City Attorney's Report. 15. Adjournment. The following minutes were tra nsmitted to City Council between November 12 and December 2, 2004. • Board of Adjustment and Appeals meeting of October 13, 2004. • Code Enforcement Advisory Committee meeting of October 20, 2004. • Cultural Arts Commission meeting of October 6, 2004. • Liquor Licensing Authority meetings of October 6, October 20, November 3, and November 17, 2004. • Non-Emergency Pension Board meetings of August 10 and 30, 2004. • Parks and Recreation Commission meeting of October 14, 2004. • Planning & Zoning Commission meeting of October 19, 2004. • Englewood Public Library Board meeting of October 12, 2004. • Transportation Advisory Committee meeting of October 14, 2004. Please note: If you have a disability and need auilili.lry aids or services, please notify the City of fnalewood (303 -762-2405) at least 48 houn in advance of when services are needed. Thank