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HomeMy WebLinkAbout2004-12-20 (Regular) Meeting Agenda Packet- o ,dinan,e # /. ,/. /.. ·• • • ...... .. ., • .. . ' . ; ' .• t • •· ........ •. I < • ,. •• •• > ... ',, . .. :.· Regular City Council Meeting December 20, 2004 69, 70, 7 1 , 72, 73 Resolution II 1Y 103, 104, 105, 106, 107, 108, 109, 110, 111 '. ,I ' , • · . t . . .. 0 . . . . . . ~ . -~. •· • • 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellllion December 20, 2004 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :33 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. PledaeofAllepance 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 Sears City Attorney Brouman City Clerk Ellis Director Olson, Safety Services Planner Fruchtl, Community Development Operations Manager Kavinslty Director Kahm. Public Works Engineer lV Hendenon. Public Works Traffic Engineer Vostry, Public Works Senior Planner Graham, Community Development 5. Conslcleratlon or Minutes or Previous Sellllioa (a) COUNCIL MEMBER BRA~HA W MOVED, AND IT WAS SECONDED, TO APPROVE TH E MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 6, 2004. Mayor Garre tt sa id arc ther e ~ny co mments or cOrTCCtions . There were none . Vote results: Aye : Nays : Mo tio n arr icd . Council Members Barrentine. Moore, Bradshaw, Garrett . Wolosyn. Woodward. Tomasso None 6 . Reroanltlon or Scheduled P\lblic Co_.t (a) Mayor Garre ll said Police Offi cer Nancy Peterson i here to advise Cit y Counc il that the Cit y of Englewood has received an award fro m the Nat ional Assoc iation of To wn Watch for ''Outstandiq Panacipallon" 1n the 2004 Na tional Night Out event . .:.-.. • • En&lewood City Council D«ember 20, 2004 Pagel Officer Peterson said we did receive another beautiful plaque for our participation in National Night Out, once again this year, so I wanted to show it off. She passed it over to Council so they could see it. Officer Peterson said we ha ve done well throughout the years . This is, I think, award number eight through National and in all reality it should be at least ten, but I didn't realize how well our National Night Outs were attended so I never submitted for the awards ... so I've shorted you a couple, I'm sorry. Mayor Garren said do you have some of the vital statistics from this most recent National Night Out? Officer Peterson said we had over 200 Englewood neighborhoods participate in National Night Out and they were in all different sizes. Some were huge where they had numerous blocks attending and others were real small and intimate for just the individual blocks. The blocks figured out their own party ... what they wanted to do, what they wanted to have at the party and they just let me know what it is they arc doing and when they arc doing it so that I can try to have City officials visit their party. Englewood docs a great job with National Night Out. We arc proud of it and our Neighborhood Watch Program. Council Member Bradshaw said and a lot of that is to your credit Nancy. Thank you. Mayor Garren thanked Nancy. Officer Peterson said thank you very much. Council Member Barrentine said the fact that I am a new block captain, and I got involved and did it, was a result of your insistence and persuasion . So a lot of that is to your credit. .. thank you very much. Officer Peterson said thank you . In fact, Mr . Woodward and Ms . Barrentine held their National Night Out parties together. .. a coordinated effort . Mr. Woodward said yes. we did. Ms. Peterson said Ms. Barrentine kind of walked into my office and got shanghaied, I think that wu the word you were looking for, was that it? Ms. Barrentine said yes ... that will work . Ms . Barrentine said we had a good attcndancc and we had a fun time. Ms. PelCnoR said maybe you will b.l doing it again next year. Ms. Barrentine said yes . Ms. Petcnon said that is JOOd and everyone who holds a National Night Out really enjoys it and the camaraderie that happens in the neighborhood after a function such as this is great and you really get to know one another so much better. In the end that really helps calm down any neighborhood problems that may have been going on, so communication is key. Mayor Garrett and Council Member Bradshaw both thanked Officer Peterson. (b) Mayor Garrett said members of the Keep Englewood Beautiful Commission arc here to present the 2004 Holiday Lighting Awards.- Planner Fruchtl said I am the staff liaison for Keep Englewood Beautiful . At this time, on behalf of Keep Eng lewood Beautiful, I would like to thank City Council for their support throughout this year for our programs and events . Without your support a lot of the event, and things we put on for the community, would IIOl be possible. At this time I would like to turn it over to Mr. Dooley Gehr, who is the Chair of the Keep Englewood Beautiful Holiday Lighting event and he has some awards and presentations to make to this years participants. Thank you. Mr . Gehr presented ribbons and certificates to all of the winners who were present and they were given a round of applause . Mayor's Choice Richard and Alice Klocwcr Nostalgia Award The Miller Family Lifetime Achievement Award Ron & Melanie Klocwcr Cozy Cottage Award Cyndi Krieger Candy Land Award DouaHaas -First and Goal Award Paula and Shim Feasel • • _..._ • Englewood City Council December 20, 2004 Page3 Best New Entry Jack and Charlene Miller (Best Use of Penguins in a Holiday Theme) Good Holiday Neighbor Award Thomas and Sally Cordova Linear Design Award Happy Hippy Holidays Award Rich Morales Mark Greiner (J Mr. Gehr said I would like to congratulate all the winners and I would like to thank City Council and Mayor Garrett for your suppon. You folks have a wonderful evening and a Happy Holiday. Thank you. There was applause. Council Member Woodward said I would also like to thank Dooley's wife for letting him attend tonight, as today is her birthday. Thank you . (c) Mayor Garrett said Anne Chew, an Englewood business owner, would like to address City Council regarding business licensing. Ms. Chew said I would like to thank whoever prepared this agenda, as I am allowed to speak early in the evening. did write a letter. Do you want me to read the letter or do you have it in front of you? Council Members affirmed that they did have it. She said do you have any questions concerning the letter? Mayor Garrett said we will tum this over to staff to have them look at it and we will discuss it at a Study Session in January. Ms. Chew said okay. thank you very much. 7 . Recopltioll of Uaclleduled Pllbllc C-..t There were no unscheduled visitors. (a) considered. A lener from Don Bobeda announcing his resignation from the Englewood Housing Authority was COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RF.sIGNATION OF DON BOBEDA FROM THE ENGLEWOOD HOUSING AUTHORITY. Counc il Member Bradshaw said I had the opportunity to serve with him on the Housing Authority and he has really been an asset. He has a Stale o ffice with the realtors and that is why he is resigning, otherwise, I am sure he would ,tay on. He has reall y do ne a mcc j ob for the Housing Authority . ote results: Ayes: Nay : Mo uo n c arried . Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn. Woodward. Tomasso None (b) A lcner from Patricia Mueller announcing her resignation from the Englewood Planning and Zoning Comm, 10 n effective December 30 . 2004 was considered. OUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE RF.slGNA TION OF PA TRICIA MUELLER ANNOUNCING HER RmGNATION FROM THE ENGLEWOOD PLANNING AND WNINC COMMISSION EFFECTIVE DECEMBER .JO, a.. A c : Council Members Barrentine, Moore. Bradww. Garrdt, Wolosyn. Woodward , TOIIIUIO • • Englewood City Council December 20, 2004 Page4 Nays : None Motion carried . 9 . Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), (U), (W) and (Iv). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 64, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COWRADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL PROVIDE ENGLEWOOD PUBLIC SCHOOLS WITH VEHICLE MAINTENANCE . (ii) COUNCIL BILL NO. 65, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTEROOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COWRADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE . (iii) COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTERS ID, 2, 5, AND 8 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY CLARIFYING THE POLICY R)R ALLOWING PROPERTY OWNERS TO "OPT-OUT" OF THE CONCRETE UTILITY PROGRAM AND CLARIFYING THE PRIORITY R>R CREDITING UTILITY PAYMENT . (iv) COUNCIL BILL NO . 68. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTEROOVERNMENTAL AGREEMENT R>R FY04 MISCELLANEOUS EQUIPMENT PURCHASES PROGRAM BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes: Council Members Barrentine , Moore, Bradshaw, Garrett, Wolosyn. Woodward, Tomasso Nays : None Motion carried . (b) Approval of Ordinances on Second Reading There were no additional items submincd for approval on second reading . (See Agenda Item 11 .) (c) Resolutions and Motions COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (I) and (ll). (i) A MOTION EXTENDING THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF CHERRY HrLLS VILLAGE R>R THE PROVISION OF FLEET MAINTENANCE. AND ADJUSTING ENGLEWOOD'S HOURLY RATE R>R FLEET MAINTENANCE SERVICES R)R 2005. ,, • t • • Englewood City Council December 20, 2004 Pages ·• • • (ii) A MOTION EXTENDING THE AGREEMENT WITH THE ENGLEWOOD LIONS CLUB FOR THE PROVISION OF MAINTENANCE OF THE ENGLEWOOD LIONS CLUB MINIATURE TRAIN, AND ADJUSTING ENGLEWOOD'S HOURLY RATE FOR MAINTENANCE SERVICES FOR 2005 . Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None 10. Public Hearing Items (a) Mayor Garrett said this is a Public Hearing to gather public input on Council Bill No. 44 approving Automotive Sales and Rental Uses in the MU-B-2 zone. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 44 APPROVING AUTOMOTIVE SALES AND RENTAL USES IN THE MU-B-2 ZONE. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward. Tomasso Nays: None Motion carried and the public hearing opened. All witnesses were duly sworn. Palaua Sparacino. 3809 South Broadway, said I am the owner of Richard's Motors . I am an appointed member of the Auto Use Committee. as you all know, and I've contributed to the creation of this new ordinance. The Committee. especially those of us from the dealer community, came together in good faith to work on the first pan of this recommended phased-in approach to the auto use in the 8-2 District along Broadway. This process has been a long process. but a positive process. I want the Council to be aware that we have reached this point with compromises from both sides. In addition . we have had several obstacles that we have had to continually address and probably will have to until all phases of auto use are completed. The Council appointed us to work out these issues. Mayor Garrett has been instrumental in guiding this Committee to what I believe is a win/win for all panics. Within the Committee we keep an open line of communication and address issues as they come up. I am confident that Mayor Garrett has reported back to you regarding the progress of our work. At your request, a complete history was provided to each member as to the auto use issues since August 18, 2003. This should have brought you all up to date regarding its use . I would like to also point out that at every Study Session or vote regarding auto use , there are three Council members that continually bring up issues that could have been addressed in Committee prior to bringing up the ordi nance for review . I would have thought that out of respect for Mayor Garrett that Mr. Tomasso. Mr . Woodward and Ms . Bradshaw would have communicated their concerns to the Mayor so that these could have been addressed in Comminee prior to the Study Session or first reading . As this process continues. I would hope that the Ime s of communi cation with the Auto Use Committee remain open and as a courtesy to the Mayor. the line s of communi ca 11 n remain open between the Council members. I support this ordinance as wrinen , the time frames protect the property owners and the new language regarding Code compliance provides a comfort level for the City regarding any new auto use along Broadway. Thank you for your time. Jon Cook. 2~66 South Cook Street. said I also am a member of the Auto Use Committee and my hope is that thi s ordinance I passed unanimously. I hope that in the future we won't have to deal with this issue any more, that all the rule are well defined and we won't have to come back and visit with this. In our last meeting. Mark Graham a nd Beverl y Bradshaw had some bantering back and forth regarding the 1997 Study regarding addresses for car dealers that I didn ·1 quite understand . It was about coming in and changing their addresses lO conceal sorne1hmg ... wha1cver II wa ... but one pan that wasn't mentioned that was also in that 1997 Study, that I think c,erybody 1s fom1har w11h. ,.a the fact that the South Broadway auto dealers provide valuable. convenient service 10 1he City. CII) re s ident s and ther auto businessc . South Broadway auto dealers provide a large and diverse Job base . nd abo. the important pan . South Broadway auto dealers arc a significant element of the revenue generaung 1ndus1ry . And that ,.as pan of your tudy 1n Englewood . I also think. in the future, if we follow the South t .. • • Englewood City Council December 20, 2004 Page6 0 (J Broadway Plan of Englewood for 2004, on the last page there is some important stuff there and if we follow the strategy, it would be helpful and that is to celebrate business successes on Broadway. And then, the most important pending issue, I think , after this, is to ensure that the City development review process is predictable and timely . Thank you. Jim Bahne, 6649 South Helena, Centennial, said I am also from Valley Motors. He said Palaua. Jon and I have spent a lot of time on this, along with the Mayor and some staff members, and what I have to say vinually is a carbon copy of what Palaua and Jon have said. So my little talk here was only a couple of minutes long anyway. but I will just get to the meat of it here. We just hope that the Council Members tonight ratify this Bill No. 44 unanimously. It is the support that the Mayor needs for his tremendous cffons that he has put into this. He has done a great deal of healing of our feelings here, as business people in the community. He ccnainly should be commended for that. We just hope that a comment that came out prior to the moratorium, that something like that would not come again without some definite thought about previous studies and where industry was at that panicular time . A staff member stood up before you the night that the moratorium was approved and said that this bill would stop the establishment and expansion of auto uses, that the rationale here is that these uses represent an encroachment on your sale tax base and preclude other uses that would provide retail synergy and help us achieve the Councils· goals for Broadway. That really got us fired up and we think we deserve to be here as much as anybody else. Again, I would just urge you to vote in favor of this and let's go forward . We want to work with staff, we want to work with Council, we want to be able to say Hi lo everybody and be working toward the same goal and I thank everybody here who has worked with us. Thank you for your time tonight. I was going to pass out the Broadway Study from 1997. Probably most of you arc familiar with it , but it docs give some facts and figures as to the benefits that the City saw of auto dealers at the time . If you would like me to do that, I have finished my remarks. Mayor Garrett said hand it to the City Clerk and she will pass ii on down the line . Mr. Bahne said thank you. Mayor Garrett thanked Mr. Bahne. Bruce Cairns, 5515 South Sedalia, said our family has a property al 4732 South Broadway . So often in govcrnmenl it can be kind of people working more this way, instead of collaboratively ... this way . So jUSI coming in and knowing about this meeting going on, I just wanted to affirm what everybody has done and their hard work and acknowledge those who were involved and just suggest that it would be excellent as you consider what these mean ... what it means to one man who is 94 years old ... not as much consternation in owning his investments on South Broadway. So. I sure have apprccialed everything you all have done and urge the passage of this. Thank you . Mayor Garrell said is 1herc anyone else who cares to address Council in this Public Hearing? There was no one. Mayor Garren said do I hear a molion to close lhe Public Hearing? Council Member Bradshaw said Your Honor. before we close the hearing. I want 10 say that I went 10 the Revenue Slate of Colorado site and I found some information about one of lhc members of the Commiltce that concerned me a great deal. Wi1h your permission. I would like to read it Jon Cook, dba Car Brokers, LLC. Denver license No. 8955. This was Board ac1ion 1ha1 was taken and the reason the Board aclion was taken. with the Colorado Auto Industry Divi sion, was defrauding any buyer/seller, illegal sale, failure to deliver title within 30 days, false oath. perJury. forgery. offering false instrumenl for recording. and altempting 10 inOuence a public servant, unfit and unfitness. license was suspended for 30 months with a $50,000.00 fine . In followin& up the appeal on that, it say~ that .. ,he order was affirmed in part. reversed in part and case remanded with directions", but I didn't know 1f Palaua or Jim were aware of thi s . [Comment from the audience : Yes, why woukln'I we be?) Ms . Bradshaw said okay ... o ka y. I just had some concerns about membership on boards and ad hoc groups . I just wanted to brina that fo rward at thi s tome . M r. ook ,d Mayor Garrell, a m I allowed to respond to that? Ma)or Garrett said we arc on Public Hearin&, so you arc till under oath. Mr. Cool. said Bc,erly. that I really a cheap shot and you are the one that spearticaded all of th1 to start ~uh.you had the n,p,. haul me out of here on the original mcct1n1, ~hen I brouaht qwte a v.-d of people 1n here . I admn I ' • • Englewood City Council December 20, 2004 Page7 made some mistakes, but that was a fine, a suspension ... I paid my fine, I served my suspension, I am a fully licensed dealer, several of those items were overturned in Appeals Courts. And I just think it is a cheap shot, but I do think it is just typical of you and your actions that you have done ever since I have been involved over here in Englewood. I will be so glad to sec you gone, Beverly. Council Member Barrentine said could I ask a question please? Mayor Garrett said yes. Ms. Barrentine said were these licensing issues or were they criminal charges? Mr. Cook said no criminal charges, this was a dispute between an ex-partner and myself. Ms. Barrentine said who was the entity that did this? Mr. Cook said it was my business. Ms. Barrentine said the entity that sanctioned you, that fined you, who was that? Mr. Cook said that was the Dealer Licensing Board . Ms Barrentine said the Dealer Licensing Board? Mr. Cook replied yes and I am in good standing with the Dealer Licensing Board at this time . Ms . Barrentine said when did that happen? Mr . Cook said that was in 2001. Ms. Barrentine said okay. Gary Leisy, Englewood Motors, said I live at 7571 South Emerson Circle in Centennial. Mayor and Council Members, I wasn't going to speak tonight. I am the last member in that group and I have been exiremely busy the last six or eight months and have not had time to put the efforts in, that I probably should have on this as my family owns property on South Broadway. But hearing Ms. Bradshaw bring this up, I've got to say that this. absolutely. strikes the core of thi• ; •• ,... . it fim; me up . i believe the City Council has a black eye on one issue too and I am not going to name names and I'm not going to name charges, but people make mistakes and people arc judged. and judgments are handed down and people serve and pay their dues . The issues Ms . Bradshaw just brought up have absolutely no bearing on the subject tonight ... none whatsoever . I locally agree with Jon, that this is a low blow. I think it points to Ms . Bradshaw's personal vendetta against car dealers and I would ID'gc every Council member to drop that issue . It is not fair to bring up a personal issue and allow her to put her personal feelings out here because she is a member of Council. This is a matter that has been bantered back and forth between a good. well serving. hard working Committee and a hard working Mayor and Council and it is not fair to bring up past issues that have long since been settled . I think it puts a black eye on the entire Council . Th.mt you. Larry Corwin, 2700 South Broadway. Credit Motors. said I had no intention of speaking tonight. but what was just done to Jon Cook ... I mean nobody from here, from the aUIOIIIObile business. said that reccnlly somebody who was on the Council was arrested and put in jail for eight years. because I think that would be wrong . But it happened and they are serving jail time ... a member who was a CPA . And also. there have been. in the past, Council members who were arrested for drunken driving, but nobody brought that up and it shouldn't be a factor . Let's wk about the 1 ues . You hould be ashamed of yourself. I mean that. lady. you should be ashamed of yourself. Council Member Wolosyn said quite frankly I would rather have someone say something like that in a Public Foru111 or have a chance to neatly address it and I think that is the way to show mutual respect. I know that it doesn't affect the way I am g ing to vote on this . but I appreciate the fact that the conversation happened in public and we can go on. Council Member Barrentine said I had the opportunity to it on a State Licensin& Board and I understand what their func llO n is and how they operate in trying to keep their tandards for their practice . It is a differelll sem na. To use thi s fo rum as a way to personally attack somebody i inappropriate. This I not a forum that somebody can get up and freely pc l for themselvc , nor were they aware of the fact that anythin& was l(ling 10 be brought up in p1.1blic and I think 111s de p,cablc . Thi is not the venue that we should be usin&, nor should we be doing it at a time when we arc voting on something where a Committee has worked toacthcr for over a year and then try to discredit the -..ork of that Comm,ucc. and our Mayor and thi community, at the eleventh hour to try to discredit the work that they have done . I am ashamed . There was applause . Ma)or Garrett aslcd ,f there were any other comments. There "''Cfe none . co NCIL MEMBER WOLOSYN MOVED. AND IT WM SECONDED. TO CLOSE THE ,uauc HEARJNG TO CONSIDER TFSl'IMONY ON COUNCIL BILL NO. .. APPROVING AUTOMOTIVE SALES ND RENT L SF.SIN THE MU-B,.l ZONE. ye : Council Memben Barrcnbne, Moore. Bradshaw. Garren. Woloayn. Woodward. Tomasso ay : None t .. ... .. .. • • --- Englewood City Coum:U December 20, 2004 Page8 Motion carried and the public hearing closed. 11. Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading There were no additional iierns submitted for approval on first reading. (See Agenda llem 9 · Consent Agenda .) (b) Approval of Ordinances on Second Reading (i) Council Bill No . 31 authorizing an "Exchange of Permanent Easements" between Diana & Leigh Bray and the City of Englewood localed at 620 East Bates and Bates Logan Park along the City Ditch was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· ORDINANCE NO. 65, SERIES OF 204M. ORDINANCE NO. 65. SERIES OF 2004 (COUNCIL BILL NO . 31. INTRODUCED BY COUNCIL MEMBER BRADSHAW) 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. Mayor Garrett asked if there was any comment. Council Member Wolosyn said I just think this is one of those great thingi. where there could have been a lot of conflict and we worked it out to the satisfaction of all a'1(1 I appreciale the participation of all parties. Vote results: Motion carried . Ayes : Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn , Woodward, Tomasso Nays : None (ii) City Attorney Brotzman said this ilem is listed on the Agenda as the "opl-OUt" provision and that was actually a former iiem . This is Council Bill 44. This is the automotive sales issue that we just had the Public Hearing on . That is what you will be voting on as Council Bill 44. COUNCIL MEM·BER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (li) • ORDINANCE NO. 66, SERIES OF 2004. ORDINANCE NO . 66, SERIES OF 2004. (COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER WOLOSYN) 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 . Mayor Garren said is there any discussion or comment. There was none . Vole results: Aye : Council Membcn Barrentine. Moore, Bradshaw , Garrett. Wolosyn , Woodward , Tomasso Nay : None ' ... . ,• • • Englewood City Council December 20, 2004 Page9 Motion carried . 0 (J Council Member Barrentine said I want to clarify. I originally voted against this and I gave my reasons al the time and I wanted 10 give my reasons for why I changed my mind . I stick by the fact of the information I gave before , that I don't agree that we should single out an industry in this community, that we have, in some ways. kind of coerced them into scuing some higher standards on themselves in order to function in this community, but I do applaud them that they came forward on their own, that they worked with the Mayor, that they formed the Committee, lhal they worked through the issues and out of respect for that, that is why I am voting for it . I still stand by lhc principle that I don't think it is an appropriate move for this government to make to single out an industry, as if they arc our problem and try to use them as a scapegoat and that is what I think was done. I voted for it, because I have respect for the hard work that you guys do and since you have agreed to hold yourselves to a higher standard, then I am going to let yo11, so, thank you . {iii) Council Bill No . 66 approving an agreement with General Electric Capital Business Asset Funding Corporation regarding the land lcue with Rocky Mountain MOB, !LC was considered. COUNCIL MEMBER BRADSHAW MOVm, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (W) • ORDINANCE NO. 67, SERIF.s OF 2804. ORDINANCE NO. 67. SERIES OF 2004 (COUNCll.. Bll..L NO. 66. INTRODUCED BY COUNCIL MEMBER BRADSHAW) 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. U.C. Mayor Garrett asked if there was any comment. There was none . Vote results: Ayes : Nays : Motion carried . Council Members Barrentine. Moore. Bradshaw, Garrett. Wolosyn. Woodward. Tomasso None (c) Resol utions and Motions There were no add11ional resolution or motions submitted for approval. (Sec Agenda Item 9 -Consent Agenda.) 12 . Genenl Disaissioa (a) Mayor' Choice (i) Mayor Oancu said I want to thank all the participants that ttvicwed the lighbna. but I also wo uld hke 10 thank the c111zcns of Englewood for all the liptina displays they pui oo. We always ha ><c a lot of people who drive 1hrough our neighborhoods 10 cnjo the li1hts and -always do a remarkable Job in th, o mmuntty of celebrating the holiday season. so I Jllll want to thank everyone for that. (b ) ounc:,I Members ' Chotec (1) ounc,I Member Bancllllnc . he 1d 11\anko aga,n 10 the Polh.'e ~nt. I had me people all me tlus last "'Clelc ,.ho had some need fUI' 1he1r ",cei. nd . once 1ain. 11 ~ to aund some hard ..-k1111 people and I ..,.,.-ec:iate that they are m th1 ommumt) Th.ink ou. 2. he 1d and ~erry Chn nw toe ff)bod)' ' •40 .. r • • -- Englewood City Council December 20, 2004 PqelO (ii) Council Member Bradshaw : I. She said Happy Holidays to everybody. 2. She said I just want to say that I have all the respect in the world for Palaua, the Mayor, and the gentleman from Valley Motors. Thank you. (iii) Council Member Tomasso: I. He said best of the season's wishes to everyone. 2. A resolution to approve 2005 Aid to Other Agencies was considered . COUNCIL MEMBER TOMA~ MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 102, SERIES OF 2004. RESOLlITION NO . 102, SERIES OF2004 A RESOLlITION SPECIFYING AID TO OTHER AGENCIES FOR 2005 BY THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any discussion. There was none . Mayor Garrett noted we have a fund of approximately $32,000.00 in the Council budget to Aid Agencies in 2005. Vote..-U.: Ayes : Nays : Motion carried. Council Members B11TCntine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso None [Clerk's note : This was listed as item 12 (b) (ii) on the Agenda .] (iv) Merry Christmas . Council Member Woodward said I just want to wish c.verybody Happy Holidays and (v) Council Member Wolosyn : I. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF JANUARY 3 TO JANUARY 10, 2005. She said thi s is 10 accommodate all of us over the holiday . That means wc will have a real meeting two weeks in a row. Ms. Bradshaw noted the second meeting will be on a Tuesday, because of Manin Luther King Day, so wc need 10 make sure 1ha1 those are posted . Mayor Garrett said part of the reason. also, is 10 make sure that the City staff has an opportunity to get everything 10 us for meeting preparation. That . I think, will be facilitated by moving it to January Id". Vote ffSUlts: Motion carried . Ayes: Counci l Members Barrentine . Moore. Bradshaw, Garrett. Wokls)11 , Woodward , Tornasso Nays : None . ' ~ ,f' ... i • • • Englewood City Coundl December 20, 2004 Page 11 [Clerk's note : This was listed as item 12 (b) (i) on the Agenda .] 0 0 2 . She said I guess I would like to comment on the auto use . I do appreciate all the work that went into it, but I would also like to say that, Palaua, I think you misunderstood about the motion that was made last week. Motions like that, that are made to resolutions and ordinances, are part of public discussion and often helpful and I respect them whenever they come up. I think they clarify the discussion in the end and I'm thinking about when we were voting to put the head tax on the ballot, those of you who were involved remember it was that same procedure that reduced the amount . That is just part of public discussion and I think it is a positive part of public discussion that we tool things in public. Indeed, we have to tool things in public . 3. She said on last Wednesday Gary, Rick Kahm, Lauri Dannemiller and other City staff members went down to the RTD meeting about how FasTracks will be implemented. We are making sure that the Bates Station and our other interests stay on the table and that we are part of that discussion, because I think things will move quickly and if we are not there. we may wake up and find out that we missed something. I appreciate everybody taking their time out to do that . Mayor Garrett said on that note ... I know there was a presentation regarding the timcline for the different projects. Is that on their web site? City Manager Sears said it is, but we also put it in the newsletter. The timeline actually was on the second page of that . I don 't think they have it on a web site, but we can blow that up to make the print larger. Or, Council Member Bradshaw said, someone cou ld just indicate how that affects Englewood and show where the Bates Station is in that plan. And, Mayor Garrett said, the extension down into Highlands Ranch. City Manager Sears said we will provide that to you. 4 . She said on Wednesday night we have the Christmas Concert here at 7 :30 at the atrium. It is a collaboration between the City through the Arts Commission and the Parks and Recreation Department and Englewood Arts and I think it is going to be very successful . We have been getting a lot of nice help from various press agencies in getting the word out. It is always great when something we do excites others. 5 . She said Merry Christmas and I hope we all have a happy, productive and wonderful New Year. 13. City Manager's Report (a) City Manager Sears said I just wanted to thank Olga for being there with our staff at the RTD meeting. We did talk to John Shonsey and Liz Rao and it is pretty exciting. They are moving ahead. There are so me plans being put together. We will be coming back to Council with that. (b) City Manager Scars said several of us had the opportunity, on Friday, to go to Arapahoe County. The City received $440,000.00 in Open Space money. It is a little bit less than what we had anticipated, but there is a two month lag time there . We had budgeted $500,000.00 this last year and we are looking to have a similar amount next year. We have about $880,000.00 that Council has budgeted for next year, so I think we are in pretty good shape for those Open Space improvements that the Council has earmarked. I think that was good news . (c) City Manager Sears said we did have a successful Open House . Many Council members and employees had an ,Jpportunity to come by and I think it was a good way of bringing in the New Year and saying thanks to the employees in the organization . Thanks for your support. (d) Ci ty Manager Sears said we arc going to be a little bit limited with staff over the next couple of weeks, but we've got everything covered. I know our employees throughout the organization arc working hard to maintain the services and , again , we would like to say thanks to the Council. Have an enjoyable Holiday and New Year. ' . .. ·' • • Enclewood City Council December 20, 2004 Pqe12 14 . City Attorney's Report (a) City Attorney Brotzman said I would like IO wish everybody a Happy Holiday, Happy New Year and Merry Christmas . 15 . Adjounumat rovm;r n.-~-··"•· ~ - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 20, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to orde~ .. '7.'J5 ~ 2. 3 . Invocation. ~ Pledge of Allegiance. ~ 4. Roll Call. M 'l ~ 5. Consideration of Minutes of Previous Session. t,pp/'7-1) . Minutes from the Regular City Council meeting of December 6, 2004. ~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) a. Police Officer Nancy Peterson will advise City Council that the City of Englewood has received an award from the National Association of Town Watch for •outstanding Participation• in the 2004 National Night Out events. b. Members of the Keep Englewood Beautiful Commission will present the 2004 Holiday Lighting Awards . c. Anne Chew, Englewood business owner, will address City Council regarding business licensing. 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 General Discussion .) »- Ple,is e note : If you have a disability and need auxili.ary aids Of servkes, l)INse nolify the Oty of Enllewood (3 03·762 ·2 405) at least 48 hours in advance of when services ilre needed. 1lwik t .. • • Engl ewood City Council Ag e nda December 20, 2004 Page 2 8. Communications, Proclamations, and Appointments. ~a. ~b. A letter fro~!)<.>n Bo)>eda announcing his resignation from the Englewood Housing Authority. ~ A letter from Patricia Mueller announcing her resignation from the Englewood Planning and Zoning Commission effective December 30, 2004. ~ Q~ co~:iJnu~~SJJr~IAITNl,6 9tt~if)iiv-iv OfJf' a. Approval of Ordinances ;n· fifst Re;ding. b . C. ~'1-() i. Council Bill No. 6 · Recommendation from the Department of Public Works to a opt a i for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement with Englewood Schools for the provision of fleet _maintenance. STAFF SOURCE: Jim Kavinsky, Operations Manager. ii. Council Bill No. 65 . Recommendation from the Department of Public Works to aaopt a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement with the City of Sheridan for the provision of fleet maintenance. STAFF SOURCE: Jim Kavinsky, Operations Mai:aager. iii. Council · • Recommendation from the Department of Public Works to a opt a bill for an ordinance amending Tide 12-8-12, Subsection F, to clarify the "opt-out" provisions of the Concret~ Utility Ordinance. STAFF SOURCE: Rick Kahm, Director of Public Works. iv . Council Bill No. 68 · Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an lntergovernm~ntal Agreement with the Denver Regional Council of Governments regarding the FY04 Miscellaneous Equipment Purchase Program. STAFF SOURCE: Rick Kahm, Director of Public Works. Appro~Ordinances on Second Reading. eso lu ions and Motion,rJ {!JIJSR)r ~ Jt&MS ~ d. i ..,_ j f i. Re c mendation fro~ment of Public Works to approve a~ extending the Intergovernmental Agreement with the City of Cherry Hills Village for the provision of fleet maintenance, and adjusting Englewood's hourly rate for fle et maintenance services for 2005. STAFF SOURCE: Jim Kavinsky, Operations Manager. Please note: If you have a disability and need aux~iary aids or services, please notify lhe Cily of Englewood ()OJ-762-2 405) at least 48 hours in advance of when services are needed. Thank ' . ,• • • C ... , Englewood City Council Agenda December 20, 2004 Page 3 ii . Recommendation from the Department of Public Works to approve a .!!!otion extending the agreement with the Englewood Lions Club for the provision of maintenance of the Englewood Lions Club Miniature Train, and adjusting Englewood's hourly rate for maintenance services for ·2oos. STAFF SOURCE: Jim Kavinsky, Operations Manager. 10 . Public Hearing Items. tJpfl'J-{) /1,J.J./UIJ)All"f'.L'e~~~ Public Hearing to gather public input on Council Bill No. 44 approving Automotive Sales a . and Rental Uses in the MU-B-2 zone. Palaua SpefllCino BNce calms Jon Cook Gary Leay . Jim Behne I.any Cofwln 1, 1 Ordipances, ResolytiQOS a{ld Moti~PJ.l~ , _. ''l'ia.J'J o· ~ •· ··-~.k •ltl....... -·' ,:-;· .... ,., , ·' :/4.1,.t f I• 9.,AT"OV~ 'lfbr '"" _., ~.,,,,. • , ~"lO ~ -a. -Appro~Ordinances on-First'Reaifing: · • .. • · ~ -· • b . Approval of Ordinances on Second Reading. ([) ,4 1l. / L" i. Council Bill No. 31 authorizing an "Exchange of Permanent Easements" between (J.41fr lf,~n_D Diana & Leigh Bray and the City ~f;,n!J~~ted at 620 East Bates and Bates ,r .., -r Logan Park along the City Ditch V~ ,~ Jr---iLJ1 ~~- 1 ii. Council Bill No. 44 amending 5ef~nJ ~_!!1_.::. EM~ pertaining to standards to u ta:r' fAfl"1 ?-oclarify the "opt-out" provisions.~,--- /'n J I.. 1 A '7 iii. Council Bill No. 66 approving an agreement with General Electric Capital Business () w-ffY ~~ J /). Asset Fuj)iing .Corporation regarding the land lease with Rocky Mountain MOB, Vf'r"'q}LLC. ~~ c. Resol utions and Motions. ff 12 . General Discussion : a. Mayor's Choice. b . Council Member's Choice. 1 1 ~ f/ .-,{) i. mtiQ!!.tO rp,:c~~le the ~gular City Council Meeting of January 3 to January f/"ft o, 200s. v~ /3,fiJl-;d ,:. 0 Re,0Ju1;on k>aPI"°'" 2fXJ5,Nd k> Olhe< Ag=;.,.~ Plea se note : If you ha e a disability and need audl¥v aids Of services. please nolify the City of Engle\wood ·(3 03-762-2405) at IHst 48 houn in ~~e of when services att needed. Thank you . .. \, . . t . .. . ·~ "' -· .. •. • • Eng lewood City Council Agenda December 20, 2004 Page 4 13. City Manager's Report. 14. City Attorney's Report 15 . Adjournment. ~ ;/ '{ ~ The following minutes were transmitted to City Coundl between December 3 and December 16, 2004. • Cultural Arts Commission meeting of November 3, 2004. • ~ning & Zoning Convnission meeting of November 16, 2004. • lf'ansportalibn Advisory Convnittee meefina of November 18, 2004. Please note: If you have a diYhtlity and need iUdlary aids or seNices. pleue nolfy the Clly of (11 ... uuood (303-762-240S ) at ~ast 48 hours in advance of when seNicfl are needed. ThaNc 0 ( l. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Recular s-lon December 6, 2004 0 . 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 Barrcntine . 3 . Pleqe of Allegiuce 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 Sears City Attorney Brotzman Assiatant City Manager Flaherty City Clerk Ellis Director Olson, Safety Services Senior Planner Graham. Community Development Manager Dannemiller, Community Development Director Black, Parks and Recreation Director Gryglewicz, Finance and Administtative Services Director Kahm, Public Works Traffic Engineer Vostry, Public Works Planner Voboril, Community Development 5. Considentlon of Minutes of Previous s-lon {a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 15, 281M. Mayor Garrett asked if there were any comments, questions or corrections . There were none . ote results : Ayes : Nays : Mouon carried . 6 . There were no -hc:dulcd visitors . Council Members Barrentine, Moore. Bradshaw , Garrctt, Wolosyn, Woodward , Tomasso None f .. .. .·• • • Englewood City Council December 6, 2004 Pagel 7 . Recognition of Unscheduled Public Comment (a) Al Gordon, 3045 South Acoma Street, said the problem I ha.vc 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 arc 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 arc 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, be 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 wc arcn 't going to do anything about it. Then be puts up a big tent and that is okay roo. But, if my weeds get over eight inches they are on me like white on rice. Why? ... because 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 are showing favoritism to this guy, they don't lilce 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 bang 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 Enforcerncnt ... 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 bcrc 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 OD the other hand. doesn't get fined anything. He just says, oh. it is only temporary. We are going to come back later and take it out. Then they call him and tell him wc arc going to come over on Monday ... which was today ... at 11 o'clock, so be spent all weekend moving all these vehicles so I look like a fool . But, Code Enforccmcnl doesn't believe me. But, Mr. Larry Medina came over and saw this one dog that be had and be has been known to bite people and the dog runs up and down the alley without a leash, but ifit was my dog ... you know, geesb ... Code Enforcement would beon me like white on rice . But because it is Mr. Burton's dog, who works for the City of Englewood, wcjust let it go because wcdon't have todo nothing because he's our friend and be has lived here all his life. Do wc 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 OD every corner you must put a 4 by 4 post and when you put it on concrete, you must use water ueated 2x4s, which are pressured treated and they are 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 street 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 this . His son who is 29 years old was living in the garage. but no one wants to come and find o ut wh y he has thi s electrical cord running from the house that is vacant to the garage to give him heat. Or, why the hose fro m the front yard runs all the way down into the garage to give him water. And. smoke comes out of the tack. so he probably doesn't live there because when Code Enforcement comes over, they said. is yow son living over there in that garage and they said, no he is living upstairs in the basement. That is like saying, gee do you own a s ho tgu n. no. I don '1 . Mayor Garren said Mr. Gordon \hank you very much. (b) Marlene McKiruicy said I live in Oregon. but the house I'm talking about is 2996 Soudi Elati. It is a corner I I and I had always planned to build a duplex there . She said I may need some help, I'm nervous. Mar) Sue Tate said I hvc in CenteMial and I have koown Marlene for a long time. She said this year die zonina changed and the lot ,s 50 by 125 and when Marlene called zonina. she aot a couple of different am wen ... yes, wc could build a duplex and then serondly ... no. became the zonina cbanpd and you need 10 more feel. But. if you " uld s« the house o n that lot, you would love to have a new duplex there. I am sure, for tbc City of Enp:wood. , th1 1 her nc~t tcp What does she do to -yt,e cban&e the zoaina on this particular lot. so that now that she is ' .. • • Englewood City Coundl December 6, 2004 Pqe3 in a position 10 build this duplex , she can go ahead and do it. ls there anyway to gel that done? What is the step that she talces? Mayor Garrett said Lauri Dannemiller is right over here and Lauri will be glad to discuss with you the different options you may have . Manager Dannemillcr said the requirement is actually a change in the UDC, as she stated, to require 60 feel of frontage as opposed 10 50 feel of frontage, which was decided by Council in the change of the UDC last year. 11 is not an item that can be brought 10 Board of Adjustment and Appeals. so I think her actual request is to sec 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 corner, so there wouldn't be anything on one side because ii sits on the comer of Elati and Cornell. We have a picture here that we can pus around . That house would be scraped off and then a new duplex in its place. Mayor Garrett said you brought ii to us. so now we will tum it back to staff to take a look at the situation and maltc a rccommendatio:: ::: Council . Ms. Tate said how are we going to find that out then? Mayor Garrett said as long as the Clerk has your contact information, we will be glad 10 do that. Ms . Tar.; said okay, thank you . Mayor Garrett said thank you very much . He said Ms. McKinney. you did fine . (c) Greg Kaincr, 4443 South Acoma, said I oome here tonight to praise you folks . I know we don't agree on everything but you guys, coming to the close of the year, have been patie .. and diligent with all the work. because I have been down here numerous times and waiched you work through proceaes and bats off ID you . I wanted to wish you guys a Merry CbrilbllaS and a Happy Holiday. Council Member Bradshaw said thank you Greg. (a) A letter from Jonathan Crowell indicating his resignation from the Code Enfon:ement Advisory Committee was considered. Council Member Barrentine said I want to maltc a comment about what an e11cellent 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 broke 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 nu: RFSIGNA TION OF JONATHAN CROWELL FROM TIIE CODE ENFORCEMENT ADVISORY COMMITrEE. Ayes : Nays: Motion carried. 9. ConwntAseada Council Membcn Barrentine, Moore . Bradshaw, Garrett. Wolosyn. Woodward. Tomasso None (a) Approval of Ordinances on Fint Readina There were no addiuonal items ubmlncd for approval on fust readina -(See Agenda I1e111 11 .) • ' r • • -- ( ( Eaalewood City Council December 6, 2004 Pap4 (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions 0. There were no additional resolutions or motions submitted for approval . (See Agenda Item 11.) 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motlom (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented a RCOIJIIDClldali 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 District He said the bills before you tonight arc the work product of tbc Planning Commission and the Auto Use Committee. The first bill went through the Planning Commission with some amendmcnls and received approval and a recommendation for approval by Council . The second bill was the work that continued by the Committee after tbc Planning Commission meeting that includes some simplifications and some consolidations of tbe requirements and the Staff Repon 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 zone district The primary cbaogea relate to tbe implemenWion schedule, which provides that businesses that were in business after January I, 199S and had not been in business for five years before they apply for a limited use permit. would have some excmplion from tbe frontage requirement. Olbcr businesses, if they existed as an auto business prior to January I. 199S, would be aubjec:l to all of the requirements. There is a list of the requiremena where the Slaff also modified some of tbc languap: as you can see in the llrike out and underlined version of the ordinance and we hope that that limplifa the requiremenrs as -U. The odler request with this Council Communication tonight is that we schedule a Public Hearing for December 2<f> where the public would be allowed to provide comment on the ordinance . Mayor Garrell said arc there any questions for Mr. Graham . Mayor Garrell said I would like 10 sort of supplement what he said. Whal the Committee 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 panicular new sections . Otherwise, there were only editorial comments as far u tweaking the language in the first ten provi sions . Mr. Graham sa id the site plan item was climinat.:d from the first to the second version . Council Member Bradshaw said and did we have an implementation period before? Mr . Graham said the implementation in the first version is in the boxed text and I think what we realized on that was ii addressed a period that we hadn 't intended lo address which was ... it seemed to exempt busincsacs 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 future . You look quizzi cal so let me expand on that. Mayo r Garrell said from my perspective, and it is from my perspective , that what we arc tryina to do is compare what we did versus what is c urrent law. There was an interim step that I think had several things that maybe~ fla wed . Current law has a limited use provision. So, if somebody has a chan&c in ux, they must comply with lbc lurutcd use provi sions currently. That is the way ii is set up . So what we did, was add two additional provisions for car dealerships that ha \'en ·1 e ver been in place or had been dark fOJ some time, which is the lot req--. wtucll is 75 feet ,which was not in c urrent law and a buildina code brinain& things up to Buildina Code requirelllCIIIS. wlucb was not in c urrent law. That IS what the Committee was attcmptina IO do ... is to raise the bar for buli,-COIIIIIII in th at were new . t • • Englewood City CouocU December 6, 2004 Pages .... • • 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 usc 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 use occurred prior to January 1, 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 l, 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 . Bradshaw said thank you Mark. Council Member Woodward said in number 2 it says ... has not been liccoscd to operate an automotive sales or rental use for the five year period prior to the date of application for limited use . Docs this mean for any time within that five year period or for the whole five year period? Mr. Graham said it means for any time within that five year period and the reason for attAching the requirements for a dealership from the Dcputmcnt 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 signagc 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 arc going to be utilized for that business or not. So either they are going to be brought up to Code or removed? Mr. Graham said yes. that is my UllapreWion of it as weU. Mr. Woodward said okay. And the last item I have is under B No . I .. .if an auto use has not cxillled ... auto use, I don't find defined anywhere within the text 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 Garrett said yes. we will make that a change. Mayor Garrett said arc there any other questions for Mr. Graham. Council Member Bradshaw said what is the diffcrcncc? You sent us a report from 1997 ... the property differences in the number o f a uto uses on Bro adway from 1997 to today? She said could you just s ummari:r.e that for the record? Mr . Graham said reall y there were j ust a couple of take-home messages there . One was there were only two fewer a uto dealers in 1997 . Ho wever, the turnover among the dealerships amounted to about a third of all the dealers had c hanged names or addresses o r loca tions during that period. So I think what you could glean from that is that there is a fair amo unt of a pparcnl turnover of a uto dealerships on the street. but you will find them mostly on the same lot s with differe nt addresses. a couple o f numbers one way or the another. II looks like they took a new address to not be confused wi1h the previ ous dealership. Ms . Bradshaw said okay , that was confusing. Mr. Graham said there were no matches with those dealers between the address liw. so there is going to be 10111C art to the administration of an o rdinance that tries to determine whether they were there in 1995, because frequently they take new addrcssa even w hen they go o n the same property . Ms. Bradshaw said well if ow s urvey only goes back to 1997, is what I am sayin g. we knew e xactl y wh at was there . Did we ? Mr. Graham said in conjunction with the 1997 Broadway Plan. "c had in ve nto ried a number of uses includin1 alllOmobilc sales and rcnlal uses . Ms . Bradshaw said and that is an a c urate number? Mr. Graham said that was hued on a pound s urvey in 1997. Ms. Bradshaw said so prior to 1997 "e have no knowledge. so someone could say 1995 and we have no record . Mr . Graham said the City docs not have a rc.:ord and I beheve what we arc relyi ng on here I for the applicanl to provide a document from the State Dc pmmcn1 o f Re,-cn uc sho,.1n1 that they had been liccnled u an aulOCIIObilc dealer . Ms. Bradshaw said okay, and thanl you 1arli: ' • • F.npwood City Coundl December 6, 2004 Pqe6 Mayor Garren said are there any more questions for Mr . Graham. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO. 44 WITH ONE AMENDMENT • 3 (b) (1) "IF AN t;t.J!fQ 11SR AUTOMOTIVE SALES AND RENTAL USE HAS NOT EXISTED SINCE JANUARY 1, 1995 ... " AND TO SET THE PUBLIC HEARING FOR DECEMBER 20, 2004. COUNCil.. Bll.L NO . 44, JNTRODUCED BY COUNCil.. MEMBER WOLOSYN A Bll.L FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 2. SUBSECTION C(3) (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AlNING TO STANDARDS FOR AUTOMOTIVE SALES , RENT AL, STORAGE, PARKING USES AND, ADDING A NEW SUBSECTION (b) PROVIDING FOR IMPLEMENTATION PERIODS . Mayor Garren asked if there were any comments, questions or discussion. Council Member Bradshaw said I would like to see the dale changed. as a proposal for Council Bill. in 3 (b) I and this is a proposal so you guys decide what you want to do ... if an auto uae bu not existed since January I, 2000. She said and I would like that also to be in 2. Is that the correct place, Dan? City Altomey Broczman 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 1, 1995 DA TE IN PARAGRAPHS 3 (b) (1) AND 3 (b) (2) TO READ JANUARY 1, 2188. Council Member Wolosyn said I am not going to vote for this. although I can &pee with it and aee lbe value, lheR has been a lot of discussion in good faith that I would like to aee ao forward in the fulure to deal with the ellisting and upgrade things on a more macro level. Mayor Garren said also becauae the Committee put a lot of time and energy into lryin1 to come up with a compromise. The purpose of the Committee wu to creaie 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 !he enhanced requirements that were put in for the auto dealers. Council Member Barrentine said I will also be voting against it. became of the imqrity of the Committee. Tbey put upon themselves voluntarily, in the spirit of cooperation and community, to bold lbemlelvea to a higher ltaDdard than what we were eJtpecting and that deserves some compromiae and IIOIIIC consideration for the work. that has been done and for what they were willing to give up . ln whole, I disagree that this wu necessary. I believe that we have unfairly targeted an industry in this community. Tbe 1997 Broadway Plan extolled the virtues of havin1 car dealers in this community and for the long period that they have been here and part of tbia community and contributed financially as well . But. they came to the table, they agreed to hold tbemaelves to a biper ll&lldard in exchanae for some 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. Vo~ results: Motion defeated . Ayes: Nays: Council Members Bradshaw. Woodward. Tomuso Council Members Barrentine. Moore, Garrea. Woiolyn. Mayor Garren said now we go back to the original bill which is Council Bill No . 44., which is OIi the table. Mayor Garren asked if there was any discussion. Council Member Bradshaw said I will be votina fOJ it, for purpolCI of discussion &1 the l'llblic Hearin .. ' . . . l • • , . .. • • Eqlewood City Councll Deumber 6, 2004 Page7 Vote results: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Woodward, Tomasso Nays: None (ii) Director Black presented a recommendation from the Parks and Recreation Department to adopt a bill for an ordinance authorizing an "Exchange of Permanent Euements" 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 - 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 --able to maintain some of the trees that were currently located in Bates Logan Park. Mayor Garrett said are there any questions for Mr. Black. There were none. COUNCIL MEMBER BRADSHAW MOVFJ>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (H) -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 TIIE CITY OF ENGLEWOOD. COLORADO IN TIIE VICINITY OF BATES LOGAN PARK AND THE CITY DITCH. Vote results: Motion carried. Ayes: Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Woodward, TOIIIUIO Nays: None (iii) Diru:tor Gryglewicz presented a recommendation from the Finance and Administrative Services Department 10 adopt a bill for an ordinance rescindina the previous intergovernmental agreement and authorizing an amended intergovernmental agreement with the Arapahoe County Commissioners pertaining to the Arapahoe County Open Space Tax Shareback 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 quatier percenL And to clarify. that is collected by the City and remiued monthly to the County and the funds from this are remitted to the City annually. I believe our first distribution will be the 11• of December. Mayor Garren said are there any questions for Mr. Gryglewicz? Council Member Bradshaw said so we remit it to them monahly and they keep ii 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. Grnlewicz said I believe the distributions will be tn June in the coming years ... only December this first year. that is my unden.tanding. Ms. Bradshaw said but not quarterl y? Mr. Gryglewicz said not quarterly. no . Mayor Garrell said are there any other questions for Mr . Gry1lewicz. There were none . Mayo r Garrell thanked Mr . Gryglew1cz . t • • -·- C ( ( Eapewood City Council December 6, 2004 Pqe8 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (IH) • COUNCIL BILL NO. 63. COUNCIL BILL NO . 63, INTRODUCED BY COUNCD.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE RESCINDING AN INTER.GOVERNMENT AL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE AND AUTHORIZING AN AMENDED INTERGOVERNMENTAL AGREEMENT PERTAINING TO ''OPEN SPACE" TAX SHAREBACK FUNDS. Mayor Garrett asked if there WIS any discusaion. There was none. Vote raults: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Gureu, Wolosyn, Woodward, TODIUIO Nays: None (iv) Dim:tor Kahm preaenled a recommendation from the Public Works Department to adopt a bill for an ordinance to approve an agreement with General Electtic Capital Business Aaset Funding Corporation regarding the land lease with Rocky Mountain MOB, U..C . 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 north of the new Englewood Parkway that wu actually abandoned Girud alignment and Oirud right-of-way . Now that the project is complete, Gencnl Electric Capital Bll&ineu Auel Funding will be providing the permanent financing and their loan is to be secured in part by the right&, title and inlaeat under tbat lease. The lcoder is requesting an agreement with the City that provides them ripts 1111d DOCification in cue of default, foreclosure or leuc termination. Mayor Garren said are there any questions for Mr . Kahm? There were none. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) • COUNCIL BILL NO. 6'. COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORJZING AN AGREEMENT BETWEEN GENERAL ELECTRIC C APITAL BUSINESS ASSET FUNDING CORPORATION AND THE CITY OF ENGLEWOOD, COLORADO REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN MOB , ILC. Mayor Garren sai d is there any di scussion. There WIS none . Vote results : Ayes : Council Members Barrentine . Moore, Bradshaw . Garrett, Wololyn. Woodward. Tomasso Nays : None Motio n carried . (b) App ro val of Ord inances on Second Reading There were no items s ubmitted for a pproval on second reading . (c) Rcsol uuons and Mocions (i) ~ Vobolil praenled a .-ndalioll from the Public Works Depa.-&Ill Comrnuruty Development Dcpuunen1 to adopt a reroluboa appoYUJI the Muw Bicycle Plan and auociaed • • ( ( ( Englewood City Council December 6, 2004 Page9 ·• • • 0 CJ addendum to Roadmap Englewood : 2003 Englewood Comprehensive Plan . He said tonight, on behalf 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 . The Master Bicycle Plan is intended to serve as a vi sion of a comprehensive bicycle route and trail system that looks out into the future , over the next twenty years. The Master Bicycle Plan presents a complete set of projects that can be implemented to achieve the twenty year vision. The Master Bicycle Plan is designed to be a flexible docurnent ... mcaning that slight changes can be made to particular projects in the design 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 Transportation 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 Comprehensive 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 Muter Bicycle Plan representing Public Works was Wendy Weiman. During the last couple of months Wendy Weiman bas resigned from the City. Just prior to Wendy leaving the City, Wendy's boss the former Public Works Director Ken Ross also resigned from the City. In light of the staff changes. it was very important to take the Master Bicycle Plan back to the new lcadenhip 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 bis approval and to allow him to study the document. He and his staff reviewed this document and they came back to us and indicated that the Public Works Department 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 this, Rick Kahm appointed Ladd Vostry to replace Wendy Wieman as the lead staff person for Public Works on this 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 existing trails we have, as well as any planned trail improvements that are already in the pipeline . We use that as a base to start from, which then we could fill in the missing gaps in the system. Looking for the missing gaps. we identified some new routes that will compliment the exilling route. We looked. specifically, at regional routes in neighboring cities so that we connect into those ... in Denver, Littleton and Cherry Hills Village . We also looked at identifying local destinations that we felt that bicyclists would like to travel to in the community and that is including Englewood Civic Center/CityCenter Englewood. Downtown Broadway, Light ~I Stations, Schools, Parks and Recreational Facilities. We also identified new strategic trail connections. They are alao identified in the Comprehensive Plan, including a pedestrian bridge that would link Civic Center with the Sports Authority across U.S . Highway 285 , as well as a pede5trian tunnel that would tunnel under Santa Fe and link Civic Center with the South Platte River . We also identified another strategic conncction ... the GIW Trail that would be a potential trail that would connec1 Civic Center with the GIW property . He said and then finally we also looked at bicycle amenity improvements that we could implement throughout the community . That would include the following : the production of bicycle routes and trail maps that co uld be distributed throughout the community; video detection at signa lized intersections; lhe identification of bicycle parking districts including the Broadway Corridor. Swedish, Craig Medi cal Center. CityCenter, industrial area south of U.S. 285, and Englewood parks . We also looked at the esiablishment of a bicycle air station at Civic Center and also pede5trian light crossing timers a1 various intersections wi1h U.S. 285 and Santa Fe Drive. And now , in conc lusion . I would like to conclude with 3 key points that support adop1ion of the Master Bicycle Plan as a supporting document to the Comprehensive Plan . I) The Master Bicycle Plan adequa1ely conforms to the policy directions expressed in the transportation goals and objectives of the Co mprehen sive Plan . Transportation Objectives that are implemenled by thi s Plan include the followina : Objective 1-1, emphasize ca pacity improvemenls to bicycle modes of transportation. Objective 1-4, maximize travel mode choice opportunities . Objective 2-3. improve air qu ~l ity and reduce fossil fuel uaaac. Objective 2-4. 1ncrcue awarenc o f bic yc le safety is ucs. Objective 4-1. Create continuous non-motorized comections. Objective 4-2. improve bicyc le facilities and infrastructure and Objective 4-5 , ac hieve conununity inrqration throuah the desip of a full transportation network . 2) The Master Bicycle Plan is upp<)ftive of policy duectiona stalDd in ocher sections of the Comprehensive Plan . Parks and Open Space Objectives 4-S. S-1. S-2. S-3. call for new trail • a sipiflCalll pan of ope n pace planning. as well promion of OOIUleCtiolll between key ~ la.ls ud facibues. Business nd Employment ObJecli ·e 3-4. call for pealff btcycle onenwion Wlthm and bet-ooma.n:aal d1 s1ncts. re 1dential areas . and Olher commumues. EnYIIOMIClltal Quality ObjOCtive S-1. calls for the ~ of cnv1ronmen1ally-fne ndl y a hemat1 vcs to Ilic aUIOIIIObtle . uirludina btcyclma. and finally MeuoVISIOll 2020 t • • ( ( ( F.qlewood City Council December 6, 2004 PqelO 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 Master Bicycle Plan is reasonably complete and comprehensive. The Master Bicycle Plan addresses both the on-street bicycle route system, as well as the off-street bicycle trail system. The Plan identifies key missing links and tries to fill in those gaps and finally the Muter 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 extend an invitation to Council to discus5 and comment on the Plan. Mayor Garrett said are there any questions for Mr . Voboril. There were none . Council Member Bradshaw said well done John. The South Suburban Pult foundation gave us a $25,000.00 grant, what is the progress on that? Lauri Dannerniller said Mult Graham has been working with Swedish and Bob Seams to develop that Plan and to extend 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. Dannemiller said that ia the initial thought. I think we are going to look at also doing some exten&ive signage improvementa in do.at area to add to the fitness element. Ms . Bradshaw said good, thank you . Mayor Garrett said are there any other questions? There were none. COUNCIL MEMBER TOMAB> MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)· RFSOLtmON NO. 101, SERIES OF 2804. Mayor Garrett said is there any di11CUS1ion. There wu none. RESOLUTION NO. IOI. SERIES OF 2004 A RESOLUTION ADOPTING THE CITY OF ENOI:EWOOD MASTER BICYCLE PLAN AS AN ADDENDUM TO ROADMAP ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE PLAN . Vote remits: Motion carried. Ayes : Council Members Barrentine, Moore, Bradshaw, Oarreu. Wolosyn, Woodward, Tomasso Nays: None 12 . General Discussion (a) Mayor's Choice Mayor Garrett did not have any matters to bring before Council. (b) Councii Members' Choice (i) Council Member Barrentine : I. She said I have had a couple of complaints over the put few weeb abouc our inoperable vehicle ordinance and I have a couple of copies where some additional information has been wriaeo on there and IO I am ll)in& ID be taking that to Code Enforcement fint. to see what the Board's opinion is. But. just to pve you a heads up, the isaue ,s coming up again and I want to see whether they don't think it is good enoup ... whedler lhe lallpaae isn't enou&h to explain 11. whether people are havina more questions. But there is concem. so I'm l(lina to be takin& it 111d - will take II up at the Board rneet1n1 and then I will bring it back and tell you wbal is happenina from there. 2 She said I want to say thank you very much to Chris oi-and die Police Dcp1n_. for dlil horrendous last week that you guy have been tlvou&h and. as usual. at leut for die little ow,-a year dlll I have i-n on City • • ( ( Enalewood 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 see ms 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 b'eatrnent that she is certainly in my thoughts and prayers. We miss her very much 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 sb'eet, we had a water main break, but it hadn't broken where they thought it was bubbling up, it broke up further. The sb'eet crew did a phenomenal job and I just want you to convey that to your staff Rick, because it was a IIICSli 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 Saturday starting at 2 o'clock. They are going to have two Santas ... an American Sanla and a Finnish Santa. They are going to have musicians sb'Olling uound playing guiws. There will be guiiar music and acoustic music. So, that is happening Saturday. This is the preview of the insert for Friday's paper . It will be in both papers for the zip codes of this area, so that our citi:zens will know about iL 2. He said there is a flyer 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: I . He said a couple of weeks ago I did a ride-along with Officer Mike O'Connor on a Friday evening for a 10 hour shift. At the end of that shift. although I was told that it wun't a really busy night. I certainly had tnOR of an appreciation for the sb'CSS that our police officers, probably all police officers, experience dirough every shift. I second what Lauren says about what a great job you have done especially over the put week and a half/lwo 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 JCflina 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 to Jeff Sanchez and Marilyn Lamb for taking care of a problem of abandoned b'ash and furniture at a house on South Pennsylvania in the 3900 block. Marilyn had to get in touch with an out of town mortgage company, during Thanksgiving. to get that cleaned up and by the following week, Monday or Tuesday of the following week, it was talcen care of. 4 . He said and finally I want to express my condolences to the family of Christopher Sewell who was killed yesterday in a crash of a car from an alleged bank robber corning out of Englewood. (v) Council Member Wolosyn: I . She said on Saturday we had the annual Holiday Lightina/Englewood Shines . As always, staff did a pul job. There were quite a few c hildren here to greet Sanla Claus and some stayed around to help us light tbe tree . 2 . She said the Holiday Fair over at the Recreatioo Center, for the second year in a row. the Cultural Arts Commission and Englewood Arts participated. We sold some wort and all that money aoes illlO propunmina ... all the proceeds that we made . 3 . She said this thing about the merchants ot Olde Town. dlroup Ted's they an: womna with ACE. ro I think thal II IS better IO keep any d1SCUSSK>n of contribution~ OUI throup the Commission. Mr. Tmnauo saad t • • F.apwood City Council J>ecewher 6, 2004 Papl2 I jllll thought we could assist She said I think it is great for us to bear about it, but I think we will be hearing about it more through Iha! venue. • •••• Council Member Woodward laid I want to say how peat CityCenb:r 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 .......... Report (a) City M-., Sean said I MIil to uy thab to die Council for expn:uiog your apprecialion to die bard worltin& people lhal we have around here. We do JIIII thll information oo and I 1mo'1rt that ow ~loyeea do apprecialie it. He said I allo want to lleCOOd die commeall lboal Safety Services ... people have. really, just been vay raponsive. (b) City M-., Sean said Mr. Gordon-bereearlis. Ijllll want thcCouncil to mow thatlhis is being dealt with . We will deal with lhil on a fair buis. Seraeam Condreay and Jeff Sanchez AR involved with this and we will go duoup this in dee.ail and provide infu.llllbDII to die City Counc:il . 14. City Au.ne,11 Report City Aaorncy Brotzman did not have any mallln to brina before Council . IS . A ...... •a••••m MOVED TO ADJOURN , TIie mee1iJ1a adjourned at 1 :30 p.m. -·- AWARD Mayor's Choice Nostalgia Award Lifetime Achievement Award Cozy Cottage Award Candy Land Award First and Goal Award 17th Annual KEB Lighting Award Winners 2004 PARTICIPANT Richard and Alice Kloewer The Miller Family Ron & Melanie Kloewer Cyndi Krieger Doug Haas Paula and Shim Feasel Best New Entry (Best Use of Penguins in a Jack and Charlene Miller Holiday Theme) Good Holiday Neighbor Award Thomas and Sally Cordova Linear Design Award Rich Morales Happy Hippy Holidays Award Mark Greiner . ' ADDRESS 4990 South Elati Street 4104 South Shannan Street 5041 South Elati Street 2987 South Cherokee Street 4536 South Shannan Street 3936 South Elati Street 5051 South Fox Street 4910 South Elatl Street 4255 South Delaware Street 2875 South Delaware Street • Message Lou Ellls From: Anthony Fruchtl Sent: Monday, December 20, 2004 3:31 PM To: Lou Ellis Subject: RE : Holiday lighting awards Here they are . Please note that ,Ba 111, 8 1K ta.~ the awanla. I -----Original Message--- From: Lou Ellis Sent: Monday, December 20, 2004 3:10 PM To: Anthony Fruchtl Subject: Holiday lighting awards Do you have a list of the awards and the recipients? It would really assist us with the minutes. Thanks! Page I of I 1Z/13/Z004 lZ:04 PAI 303TITIZIZ December 13. 2004 ~BallbCarc 5039 s. federal 81'\1d. #6 &pwood CO IOl 10 .\c:u-Cbo1c:e IMltb Cve JU!: Upllana die City ofE.apswood'1 M-.. Tbmpy Coda Ma,.. Gmd 111d IDllllhen of1he City COlaCil, My nmne ii A11De Chn 111111 own Acu-Choioo Haltb C.. in Jmalcwood. I ave .-y cndamala imbwl"C a M11111D n..pill llld a M.-.. of ScimDD in OrJmal Mldk:im (MSOM) In 1991 whlD I oplDIII AmoCboicc l'-ldl C-. ll'llll---,....11C1l licwld iD. llac _ -ofC,alando....,.. waccmly .....-. To.,..., wlda .. aty ofJiDalcwood'• ....... tlllapy code I applied farlD4 waa .... aw.._. l1lldpf Lical. It ...,.... mc .... .-.olddacilycodew1D....--. ...,,_.. •. To..- ._ • ...,. rJrlllilld• ,,,.._.10.._._ ...... ...,,. -• ........... IJr)lniMliludlm ltWIIIIIOIW1Dr..-.adical-ol ....... la 2001 1be SIIMI I ....... paallCI Lieelllure 1D .~turilll.1-aow al.irmm MUpWCbailt ill 1be ._ ofc.alando. (L.Ac.) I• a lkalld ffllllda C:.. Pnmdcr. Our wpa of pndice ID 1hia-iaclwlll tbe pm:licl olOmllllll MDdkiDc Olimlal Mlldicim ............ The Ci&)' code OC1HP1¥R1 Mlaae 1'Jmpy DOW .... HllllllC.. P1lfflllm Ila ................ 1'-iaal11·DN .. J "ftcwllJ-4. ti., .... 0-.., Qb+alCU ad~ 11aapill1D-a&w.1'1111codeW1wdma ... bab9••••ttnad0ri...aMedk:im ... •1w41mllltllia~...,...- dlis-. I an req ffilldia ~ M8pPC'f!Pilt'r be....._. ID dlelilloffflllllaC.. Pnwidlr's dial .. r pil 6,-llllldirll ....... U-iD. .. Cily ofliaaJn,aad A1Dt C.W, M.A., M.S.O.M., LAc. PLEASE PRINT NAME PUBLIC COMMENT ROSTER AQENDA ITEM 7 DATE: December 20, 2004 ADDRESS Dear Dawn, I feel compelled to submit my resignation as an Englewood Housing Authority commissioner. My professional business obligations have multiplied and I really feel a need to let someone else who can devote more time to EHA to fulfill the Commissioner position. I have continuously had real estate clients buying and selling in Englewood and will continue to promote Englewood as a great place to live. I had hoped to follow through on seeing a new Senior Center being built on Pennsylvania and Simon Center being turned into an affordable assisted living residence. Hopefully, something like this shall happen if the board determines there is still a need. I wish everyone well who works with and for the Englewood Housing Authority. I bought my first house in Englewood and raised some of my family there. I guess a piece of my heart will always be in Englewood. It has been a pleasure and an honor to serve the citizens and to work with such caring individuals as the EHA staff. Than.ks again to everyone for a nice life experience. I J DEC-07-2004-TUE 04 :24 PM DeoMlblr 7, 2004 Patricia A. Mueller, A.I.A. 4800 South Pearl 8lrNI Englllwoad, Colonldo 80113 Olar Ma)W Qarlllll and ........ cl Coant 1-* yo11 ta, .. oppor11n1J ID.._ on._ Pllnnlng 111d ~1· t 7 7 .. • .. l Flllih ...... 7 lr*lum yoll ..... inllle ID_._ 111J ........-111.. M ...... 7 • lllllbl91D.-llt ... 7111171r+ '/IDllly....,atwC. I I ,Mlllwad&. 11f ................ r:.c ..... IO, ID04. P111N IIIIIIPI IIIY .._...._.,._Cl'/ 111d lie Omw h F: , 1Dr a••--...._ COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 20, 2004 9 a i Englewood Schools Fleet Maintenance Agreement .. Initiated By: Staff Source: Department of Public Works Jim Kavinsky, Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council strives to promote regional cooperation. With that in mind, Council has approved fleet maintenance agreements with Englewood Schools since 1992. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement (IGA) with Englewood Schools for fleet maintenance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has been servicing Englewood Schools' vehides since 1992. Englewood Schools has been satisfied with the services provided by the City and is interested in continuing our working relationship at the revised hourly rate of $60.40, which is the same rate charged to the City of Cherry Hills Village, the City of Sheridan, and the Englewood Lions Club. The IGA allows for adjusting the hourly rate each year . FINANCIAL IMPACT From 1993 through 2004, the Servicenter Garage has serviced fleet vehides for Englewood Schools. This has been accomplished without adding additional staff. The hourly rate of $60.40, plus a 20% mark up on parts, will cover the City's expenses for services perfonned. It is estimated that, in 2005, the City of Englewood will realize revenue in the amount of $5,000.00. LIST OF ATTACHMENTS Bill for an Ordinance. lntergo ernmental Agr ee ment. • t • • --· • ( ORDINANCE NO. SERIES OF 2004 BY AUTHORITY AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENOLBWOOD, OOLORADO AND BNOLBWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD Wll.J. PROVIDE ENGLEWOOD PUBLIC SCHOOlS Wffll VEHICLE MAINTENANCE. WHEREAS, the City of Englewood has been servicing the Englewood Public Schools vehicles since 1992; and WHEREAS, the City of Englewood and Englewood Public Schools desire to renew the agieemcnt whereby Englewood provides Englewood Public Schools with vehicle maintenance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-'The Intergovernmental Agreement between Englewood Public Schools and the City of Englewood, Colorado for vehicle maintenance, attachc:d as "Exhibit A', is bcrcby accepted and approved by the Englewood City Council. The Mayor is authoriz.cd to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of December, 2004. Published as a. Bill for an Ordinance on the 24th day of December, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, bcrcby 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 20th day of December, 2004. Loucrishia A. Ellis -1- ' • • ((j ( D CONTRACT THIS AGREEMENT, entered into this ..lJL_ day of O!Jokr:, 2004 by and between the City of Englewood, whose address is 1000 Englewood Parkway, Enalcwood. Colondo 80110 and The Englewood Public School's, whose address is 4101 South Bannock Street, Englewood, Colorado 80110. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the Englewood Public School's that: · 1. The City of Englewood, Colorado shall perform the following services: The City of Englewood shall perform all necessary repairs and maintcmance on the vehicles owned by the Englewood Public School's to the Englewood Public School's satisfaction, and the Englewood Public School's shall pay to the City of Englewood for such services the sum of sixty and 40/100 dollars ($60.40) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charges plus Twenty percent (20%) handling fee. 2. The City of Englewood will proceed with the performance of the services called for in Paragraph No. l on January 1, 200S, and the Contract shall terminate on December 31, 200S. Three additional one (1) year periods may be negotiated by the City Manager or his designee. 3. Some maintenance of the Englewood Public School's vehicles shall be performed by the City of Englewood according to a schedule to be IDldc by tbe Englewood Public School's and approved by the City of Englewood II pan of this agreement, and shall include work requested by the Englewood Public School's or work identified by Englewood during inspection of the vehicle. 4. The City of Englewood shall repair any vehicles of the Englewood Public School's delivered to the City of Englewood for that purpose in a good, workmanl.ilte manner. S. The City of Englewood and the Englewood Public School's agree not to: refuse to hire, discharge, promote, demote or discriminate in any matter of compensation; performance, services or otherwise, against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry. 6 . This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 7 . The City of Englewood by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contracton and not employees of the Englewood Public School's. 8 . The Englewood Public School's by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contracton and not employees of the City of Cnglcwood . -1 - .. X H t A ' .... ..• • • IN WlTNUS WBUOP, tbe putiea bareto have aec:med dlis Comnct tbe day and year first written above. ATIISI': CITY or ENGLEWOOD Loucrilbia A. E1lia, City CJedt ATDSI': DIGUWOOD PUBLIC SCHOOL'S ~,;. -.-+,,, 'lf - . -. .,,. CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. - • ,. CONTRACT TBII AGUDUNT, entered into this _1L day of ()!,b:,kc . 2004 br and bdw9ID die City of Englewood, wboae address is 1000 Englewood Parkway, Enalewood, ColondD 80110 and The Englewood Public School's, wboae address is 4101 South Bannock S1net. EnaJewoocl, Colon.do 80110. TERMS OF CONTRACT NOW TIIDlD'OllE. IT IS AGREED by and between the City of Englewood and the Enpwood Public School's that: · 1 . Tbe City of Englewood, Colonido shall perform the following services: The City of Englewood shall perform all necessary repairs and mainteDaoce oa the vehicles owned by the Enalewood Public School's to the Englewood Public School's satisfaction. and the Enalewood Public School's shall pay to lbe City of Enalewood for such services the sum of sixty and 40/100 dollars ($60.40) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charaes plus Twenty percent (20%) handliog fee. 2 . Tbe City of Englewood will proceed with the performance of the services called for in Paragraph No. 1 oo January l, 200S, and the Contract shall terminate oa December 31, 200S . Three additional ooe (1) year periods may be negotiated by the City Manqer or his desigoee. 3. Some maintenance of lbe Englewood Public School's vehicles shall be performed by lbe City of Englewood according to a schedule to be made by the Englewood Public School's and approved by the City of Englewood as part of this agreemeot, and shall include work requested by the Englewood Public School's or work identified by Englewood during iospectioo of the vehicle. 4. The City of Englewood shall repair any vehicles of the Englewood Public School's delivered to the City of Englewood for that purpose in a good, worltmaolike manner . S. The City of Englewood and the Englewood Public School's agree oot to: refuse to hire, discharge, promote, demote or discriminate in any matter of compeosation; performance, services or otherwise, against any person otherwise qualified solely because of race, creed, sex, color, national origin or ancestry. 6. This Contract may not be modified, amended or otherwise altered uoles,s mutually agreed upon in writing by the parties. 7 . The City of Englewood by and through its employees and agents shall be coosidered for all purposes of the Contract, to be indepeodeot contractors and not employees of the Englewood Public School's . 8. The Englewood Public School's by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood. -1- .. X H t A .:._ .. ,, t • • rn (J 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Public School's. AIJ.y unauthorized uaignment or transfer shall render the Contract null, void and of no effect u to tbe Englewood Public School's. 10 . The Englewood Public School's shall not usign or transfer its interest in the Contract without the written consent of the City of Englewood. AIJ.y WIIIUlhorized usignmeot or transfer shall render the Contract null, void and of no effect as to the City of Englewood. 11 . The City of Englewood shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the repairs under the Contract The City shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its services related to the Contract. 12. Either party of the Contract may terminate the Contract by giving to the other party 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the Englewood Public School's to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in coMection with the performance of the Contract As soon aa practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The Englewood Public School's shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges u have been previously made. 13 . All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood l 000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Public School's at the following ad~: Englewood Public School's 4101 South BaMoclc Street Englewood, Colorado 80110 14 . The terms and conditions of the Contract shall b binding upon entity, its successors and assigns . IS . Nothing herein shall be construed as creating any personal liability on the part o f any o ffi cer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Public School's and the City of Englewood. -2- { ) ' ' . ( ) • • (Q IN WITNESS WHEREOF, the parties hereto have executed this Contract die day md year first written above. ATIDI': CITY OF ENGLEWOOD Loucrisbia A. Ellis, City Clerk Doualu Garrett, Mayor ATl'ISI': ENGLEWOOD PUBUC SCHOOL'S COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 20, 2004 9 a ii City of Sheridan Fleet Maintenance Agreement ~ Initiated By: Staff Source: Department of Public Works Jim Kavinsky, Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council strives to promote regional cooperation . With that in mind, Council has approved fleet maintenance agreements with the City of Sheridan since 1992. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement (IGA) with the City of Sheridan for fleet maintenance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has been servicing the City of Sheridan's vehicles since 1992. Sheridan continues to provide basic maintenance, such as oil changes and lube jobs, but brings more complex jobs to Englewood's Servicenter. The City of Sheridan has been satisfied with the services provided by the City and is interested in continuing our working relationship at the revised hourly rate of $60.40, which is the same rate charged to the City of Cherry Hills Village, Englewood Schools, and the Englewood Lions Club. The IGA allows for adjusting the hourly rate each year. FINANCIAL IMPACT From 1993 through 2004, the Servicenter Garage has taken on the additional workload of servicing Sheridan's fleet vehicles. This has been accomplished without adding additional staff. The hourly rate of $60.40, plus a 20% mark up on parts, will cover the City's expenses for services performed. It is esti mated that, in 2005, the City of Englewood will realize revenue in the amount of $70,000.00. LIST OF ATTACHMENTS Bill for an Ordinance. Intergovernmen tal Agreement. ' . . - ,• • t • ORDINANCE NO. SERIES OF 2004 BY AUTHORITY COUNCIL AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THB CITY OF ENOLEWOOD, COLORAOO AND THE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE Cirt OF SHERIDAN Wl11I VEHICLE MAINTENANCE. WHEREAS, the City of Englewood bas been servicing the City of Sheridan's vehicles since 1992; and WHEREAS, the City of Englewood and the City of Sheridan desire to renew the agreement whereby Englewood provides Sheridan with vehicle maintenance; NOW, THEREFORE, IIE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The Intergovernmental Agreement between the City of Sheridan and the City of Englewood, Colorado for vehicle maintenance, attached as "Exhibit A', is hereby accepted and approved by the Englewood City Council. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced. read in full, and passed on first reading on the 20th day of December, 2004. Published as a Bill for an Ordinance oo the 24th day of December, 2004. Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading oo the 20th day of December, 2004. Loucrishia A. Ellis -1- ,, t -~ .. .. .· . . . ,. • • CONTRACT THIS AGREEMENT, entered into this __ day of 2004 by and between tbe City ofEnl,lewood. whose address ii 1000 Englewood Parkway, Englewood. Colondo 80110 and The City Of Sheridan, whose address ii 4101 South Federal Boulevard, Englewood. Colorado 80110. · TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between tbe City of Enslewood and tbe City of Sheridan that: 1. The City of Englewood. Colorado shall perform tbe following services: The City of Englewood shall perform all necessary repairs and maintenance on tbe vehicles owned by tbe City of Sberidm to tbe City of Sheridan's satisfaction, and tbe City of Sheridan shall pay to tbe City of Enpewood for such services tbe sum of sixty and 40/100 dollan ($60.40) per bolU', in addition to tbe coat to tbe City of Englewood of any parts or outside vendor charges plus Twenty percent (20%) handling fee. 2. The City of Englewood will proceed with tbe performance of tbe services called for in Paragraph No. 1 on January 1, 2005 and the Contract shall terminate on December 31, 2005. Three additional one (1) year periods may be negotiated by the City Manager or bis designee. 3. Some maintenance of tbe City of Sheridan's vehicles shall be performed by the City of Englewood according to a schedule to be made by tbe City of Sheridan and approved by the City of Englewood as put of this agreement, and shall inc.lude work RqUCSted by Sheridan or work identified by Englewood d1arin& inspection of the vehicle. 4 . The City of Englewood shall repair any vehicles of the City of Sheridan delivered to the City of Englewood for that purpose in a good. workmanlike manner. S. The City of Englewood and the City of Sheridan agree not to : refuse to hire, discharge, promote, demote or discriminale in any matter of compensation; performance, services or otherwise, against any person otherwise qualified solely because of race, creed, sex, color, nalional origin or ancestry. 6. This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. ' 7 . The City of Englewood by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Sheridan. - 8 . The City of Sheridan by and through its employees and aaents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood. -1- _1 i 1 A .... .. .. t : . • • \ '. 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the City of Sheridan. Any unauthorized ( ) assignment or transfer shall render the Contract null, void and of no effect as to the City of Sheridan. 10. The City of Sheridan shall not assign or transfer its interest in the Contract without the written consent of the City of Enaicwood. Any unauthorized assignment or transfer shall render the Conttact null, void and of no effect as to the City of Englewood. . ' 11. The City of Englewood shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of the repairs under the .... Contract. The City shall, without additional compensation, correct or revise any ·' errors, omissions, or other deficiencies in its services related to the ·contract. 12 . Either party of the Contract may terminate the Contract by giving to the other party 30 days notice in writing with or without good cause shown. Upon delivery of such notice by the City of Sheridan to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract AA soon as practicable after receipt of notice of termination. the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The City of Sheridan shall then pay the City of Englewood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges u have been ( ) previously made. 13. All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works ' City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the City of Sheridan at the following address : City of Sheridan 4101 South Federal Boulevard Englewood, Colorado 80110 14 . The terms and conditions of the Contract shall be binding upon each City, its successors and assigns. 15 . Nothing herein shall be consuucd as creating any personal liability on the pan of 0 any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the • • City of Sheridan and the City of Englewood. ( -2- IN WITNESS WB'.UEOF, the ~ hereto bave aec:med Ibis Coatnct the day ~ yar fint wnuen above. ATIISI': ClTY or ENGLIWOOD ..... ~ Loucrisbia A. Ellis, City Clerk ClTY or SBIRIDAN . ,City Clerk -3- COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 20, 2004 9 a iii Bill for an Ordinance Amending Tide 12-8-12 Subseclion F of the Concrete Utility Ordinance Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In August, 2004, City Council passed Ordinance No. 41 amending Article 12-8-12 of the Englewood Municipal Code. This ordinance was adopted in order to prevent property owners from jeopardizing the viability of the Concrete Utility Program by executing a non-participation agreement after work had been perfonned to the right-of-way concrete adjacent to their property. RECOMMENDED ACTION Approve a Bill for an Ordinance amending Article 12-8-12 F of the Englewood Municipal Code adding a section to clarify the "opt-out" provisions . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Upon further review of Ordinance No. 41, staff has identified conditions in the ordinance that need to be addressed to protect the Concrete Utility Program's viability. The original intent of the program created a funding mechanism for repair of the City's aging concrete that benefits the community as a whole. The monies paid in by property owners mimics an insurance policy creating a fund that allows th e City to repair the concrete at an individual's property. In most cases, it will take a single property years to offset the cost of the repair work done. Retlecting City Council's recommendation, Section F will be revised to stipulate that a property owner will not be allowed to execute a non-participation agreement after work has been performed on the right-of-way concre te adjacent to their property. With this modification, the Concrete Utility's viability will be protected. Additionally, the ordinance is being amended to specify the payment application order of the vario us charges so that payments will be applied to satisfy stormwater charges, Concrete Utility charges, sanitary sewer charges, and water fund charges, respectively, through the Utilities Department billing system. This will elimina te the possibility of property owners making partial pa ment to their Utilities bill with the expectation that ~le Concrete Utility portion will go unpaid. t • • FINANCIAL IMPACT The Concrete Utility Program will remain financially viable with these amendments in place. LIST OF ATTACHMENTS Bill for an Ordinance. • t ORDINANCE NO. SERIES OF 2004 BY AUTHORITY BY COUNCIL WHEREAS, when the Concrete Utility was adopted, a voluntary "opt-out" provision was included to ensure the program being created would function as a utility and not as a tax; and WHEREAS, to prevent property owners from abusing the Concrete Utility and jeopardizing the viability of this program, it is necessary to add an additional provision to the Concrete Utility; and WHEREAS, the City's "opt out" provision should not be available after the concrete utility has performed work on or adjacent to the property; and WHEREAS, the City wishes to clarify the status of funds and priority for application of such funds paid on the City of Englewood Utility bills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: Section 1. Title 12, Chapter 8, Section 12, Subsection F, pertaining to Concrete Utility and Concrete Utility Enterprise Fund is hereby amended to read u follows: I 12-8 : Concrete Utility And Concrete Utility Enterprise Fund 12-8-12 : Voluntary Non-Participation Provision F . Owner(s) whe ehaeu le~ "opt-out" after the Utility has accomplished ~work on any concrete adjacent to their propertyt ehllll reiml,wN lhe GBBe .. 11 Ylilit, lhe NIINII .... ef , ...... ,.,_. pefteftlle4 NjNe111 le Iii, prepelMy , 1w all preYie• lltility re. plill; 41Ut11g the Ii-that Ille prepera, ._. ,-. ef lhe 6111•, .. Ylili.,. I . "RI-repair ee11:1 ehell he l,ille4 1M 1ell111e4 ill Ille w -·•re.,..... le ,a 8 18 eflhe .... '1111 .. 4 Pt:tllftieipal Ge.a,. -1- t • • -I Section 2. Title 12, Chapter ID, Section 2, Subsections A and B, pertaining to Water User Rates and Charges, is hereby amended by the addition of a new subsection 8, to read as follows : 12 -ID: Water User Rates And Charges 12-ID-2: Unpaid Charges a Lien. ~-The owner shall be primarily responsible for the payment of all charges arising out of the use of water at his/her premises or under any license issued for his/her premises. Such charges shall constitute a perpetual and continuing lien upon such property until such charges shall have been paid in full, and no water will be furnished to any property or premises against which any charge or lien remains unpaid. ~-When payment of City utility services is received, the City shall apply said payment to satisfy all Stormwater Enterprise Fund charges firJt. all Concrete Utility Fund charges secon4 all Sanitary Sewer Fund charges shall be slJtisficd next and lastly. Water Fund charges shall be ytjsficd. in that order. Section 3. Title 12, Chapter 2, Section 2, Subsection G, pertaining to Wastewater Utility, is hereby amended by the addition of Number 3, to read as follows: 12 :2 : Wastewater Utility 12-2-3 Fees and Charges. G . Collection Procedures : ~-When payment of City utility KD'.ices i• received, the City shall apply said payment to satisfy all Stormwatec Entemrise Fund charges first all Concrete Utility Fund charges V&ODd all Sanitary Sewer FWJCI charges shall be satisfied next, and lastly, Water FWJCI charges shall be satisfied.. in that order. Section 4 . Title 12, Chapter S, Section S, Subsection D, pertainina to Storm Water Utility and Enterprise Fund is hereby amended, to read as follows : 12-5 : Sto~ Water Utility And Enterprise Fund 12-S-S: Billing and Payment of Fees. D . When payment of City utility services is received, the City shall apply sai d payment to satisfy all Stonnwater Enterprise Fund characs tint, all Concrete Utility Fund charges second. all.._ Sanitary Sewer Fund charges shall be satisfied next, and lastly, Water Fund characs shall be satisfied, in that order. -2- ' ·• .. ) • • ( Section 5. Title 12, Chapter 8, Section 9, Subsection D, pertaining to Concrete Utility and Concrete Utility Enterprise Fund by the addition of a new Subsection D, is hereby amended, to read as follows: 12-8: Concrete Utility And Concrete Utility Enterprise Fund 12-8-9: Billing and Payment of Fees. 12 -When payment of City utility services is received, the City shall apply said payment to satisfy all Stonnwater Enterprise Fund charges fint, all Concrete Utility Fund charges second. all Sanitary Sewer Fund charges shall be satisfied next. and lastly. Water Fund charges shall be satisfied. in that order, Section 6. Safety Clauses. The City Council hereby fmds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Seyerabjljty. If any clause, sentence, paragraph, or put 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 judpnent shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 8. Inconsistent Ordinances, All other Ordinancca or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 9. Effect of rep eat or modification The repeal or modification or any provision of the Code of the City of Englewood by this Ordinance sball not rcleue, extinguish, alter, modify, or change in whole or in put any peoahy, forfeiture. or liability, either civil or criminal, which shall have been incurred under sucb provision, and each provision shall be treated and beld as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which CU\ or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. '-3- t .· .. • • Section 10 . .hDlbx. The Penalty Provision of Section 14-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of December, 2004. Published as a Bill for an Ordinance on the 24th day of December, 2004. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of December, 2004. Louc:rishia A. Bilis -4- ) ( ( ( 0 . COUNCIL COMMUNICATION Date: Agenda Item: Subject December 20, 2004 9 a iv Intergovernmental Agreement with DRCOG for FY04 Miscellaneous. Equipment Purchase Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action. RECOMMENDED ACTION Staff requests Council approval of a Bill for an Ordinance to enter into an agreement with the Denver Regional Council of Governments (DRCOG). This In ergovernmental Agreement will allow DRCOG to reimburse the City of Englewood for the signal system equipment purchases related to FY04 Misc. Equipment Purchase program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Traffic Engineering Division of Public Works submitted an application to DRCOG for m iscellaneous equipment purchases through the FY04 Equipment Purchase program. DRCOG is responsible for monitoring and administering this program. Program applications are reviewed and scored by DRCOG based on previously set criteria. Englewood was awarded $75,000.00 towards the purchase of m iscellaneous traffic signal equipment for S.H. 285 and Logan St, which includes a traffic signal cabinet, sys tem detection equipment, and signal networks/communication equipment This program covers equipment purchases o nly, with equipment installation completed by City forces. These improvements should enhance computer traffic system c ontrol along the S.H . 285 and Logan Street corridors. FINANCIAL IMPACT There are no financial obligations for the City, other than providing funds up front for the equipment purchases, which will la ter be reimbursed to the City. Adequate funds are available in the Transportati on System Upgrade account, and will be credited back to this account with the reimbursement of federal funds by DRCOG. LIST Of ATIACHMENTS Contract. 8111 for an Ordman e. ' ·"'I' .. • • BY AUTHORITY ORDINANCE NO. SERIES OF 2004 L AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOB. FV04 MISCBLLANBOUS EQUIPMENT PURCHASES PROGRAM BETWUEH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) AND THE CIT¥0f~ WHEREAS, each year governments can submit a01>lications to DRCOG, who is responsible for monitoring and administering this program, to compete for available federal funding for miscellaneous traffic signal equipment; and WHEREAS, the Englewood Traffic Engineering Division of Public Works submitted an application to DRCOG for miscellaneous equipment purchases through the FY04 Equipment Purchase program; and WHEREAS, Englewood was awarded $75,000 towards the purchase of miscellaneous traffic signal equipment for State Highway 28S and Logan Street, which includes a traffic signal cabinet, system detection equipment and signal networks/communication with the City fn!"-"' C{! leting the equipment installation; and WHEREAS, this will allow the City to control both corridon more efficiently, selecting proper coordination patterns using actual ttaftic demand as a guideline when appropriate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section J. The Intergovernmental Agreement "Contract By And Between The Denver Regional Council Of Governments and City of Englewood " -Project Number S43003, Contract Number EX04086, attached hereto as ~xhibit 1, is hereby accepted and approved by the Englewood City Council. ~ 2. The Mayor and City Clerk are authorized to necute and attest said Agreem ent for and on behalf of the City of Englewood. Introduced, read in full , and passed on first 'reading on the 20th day of December, 2004. -1- . ' ... • • Published as a Bill for an Ordinance on the 24th day of December, 2004. ATTEST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, bacby 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 20th day of December, 2004. Loucrisbia A. Ellis -2- ,, t .. • • ... ·• • • 0 E ·. '~:!!•·. X CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ("DRCOG, 4500 Cherry Creek Dme South, Suite 800 Denver, 6>lorado 80246 and CITY OF ENGLEWOOD ( .. CONTRACTOR") Englewood Civic Center 1000 Englewood Parkway Englewood, co 80110 Project Number 5"3003 Contract Number EX04088 RECITALS: A. DRCOG has received U.S. Department of Transportation Congestion Mitigation/Air Quality (CM/AQ) funds through the Colorado Department of Transportation (COOT), to carry out traffic signal system improvements and purchases in the Denver metropolitan region in fiscal year 2004. B. Authority exists in the law and funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. C. DRCOG desires to engage the Contrador for the purchase of miscellaneous traffic signal equipment consistent with the Traffic Signal System Improvement Program adopted December 1999. DRCOG will reimburse the Contractor for up to $75,000 (Seventy-Five Thousand Dollars) from federal funds for the purchase of this equipment as listed and described in the attached Scope of SeMces (Exhibit A). D. The Contractor agrees to comply with all relevant provisions of the contract between DRCOG and COOT. incorporated herein by reference and made a part of this contract , as if fully set forth , in the monitoring and administration of this contract. NOW , THEREFORE , it is hereby agreed that 1. PURCHASE OF THE EQUIPMENT a . General Requirements . The Contractor shall administer and purchase the equipment as depicted in attached Exhibit A. which is made a part of this contract. in accordance with Title 49, Par1S 18 and 19, u appropriate, of the Code of Federal Regulations regarding uniform administrative requirements for state and local governments and other non-profit organizations . H I B I T l ' • • - .. •, .... ·-'-".£ :-. C • - , .. ' 0 0 . .. ~.;~-.... :·,,., •.. .,:; b. Submissions of Proceedings, Contract, and Other Oocumentl. The Canlrador shal submit to ORCOG al data. rwpar1I, l'IICOf'da. c:ontrada. and other documents calledad and developed by the Colllradcr raldng to the project as ORCOG may requn. The Conlrac:IDr s1,a1 retain infac:t; for three years following prajec:t doaeout. .. c:anlnlc:t domnents, .• ftnanc:ial records, and supporting doc:umenls. C. Award of Contract. This contract is awarded ID the ConlradDr based upon the Contrac:tor's project applc:allon, which provides that the Contractor be ~ for al expenses asaocialld wilh ac:qulring, installng, and operating the equipment, ucludlng the actual purc:haN cost of the equipment Contractor agrees that Conlrac:IDr staff and subcontractors engaged in such wil not be reimblnable as part of this agreement d. No DRCOG Obligations to Third Parties. ORCOG shal not be subject ID any obligations or liabilities to any person not a party ID this con1nld in connection with the performance of this project pwsuant to the provisions of this contract without its specific written consent. Neither the concurrence in, or approval of, the award of any conlrad or subcontract or the solicitation thereof nor any other act performed by ORCOG under this contract constitutes such consent 2. ACCOUNTING RECORDS a. Accounts. The Contractor shal establish and maintain as a separate set of accounts, or as an integral part of i1I current ac:c:ounllng scheme, accounts for the equipment purchases to asswe that funds are expended and accounted for in a manner consistent with this contrac:rs agreements and objectives. b. Funds Recgived or Made Ayajlabla. The ConlradDr shal appropriataly record in the account all reimbursement paymenll received by it from DRCOG pursuant to this contrac:t. c. Allowable Costs . Expenditures made by the Contractor shal be reimbursable as allowable costs to the extent they meet au of the requ irements set forth below. Such exp en ditures must: 1) Be made in conformance with the description , budget. and al other provisions of this contract. 2) Be actual net costs to the Contractor. 3) 4 ) Be incurred for equipment purchased arty a described in Exhibit A. after the date of this ccntrac:t. Be treated uniformly and consistently undar ~ ac:clll*d accounting principles. 2 ' .... .. ! • • • · 5) Be in confonnance with the standards for allowabillty of costs set forth in Office of Management and Budget Clrculats No. A-122 or A-'J7, as appropriate, regad,g COit principles for nonprofit organizations and state and local govemmems. d. Documentation of Costs. Invoices, c:ontrac:ts, and/or wuc:hers detailing the nature of the charges shall support aa equipment purchase costs charged to this contract. .. f. CtJedss, Orders, and Vouchers. Any check or order drawn up by the Contractor with respect to any item which is or wiD be chargeable against this contrad win be drawn only in accordance with a property signed voucher then on file in the office of the Contractor, which wiH detail the purpose for which said check or order is drawn. AU checks, payrolls, invoices, contracts. vouchers, orders, or other accounting documents pertaining in whole or in part to the project shal be clearly identified, readlly accessible, and, to the extent feasible, kept separate, and apart from all other such documents. Audits and Inspections. At any time during normal business hours and as often as ORCOG. COOT and U.S. Department of Transportation (hereinafter, ·usOOT"), and/or the Comptroller General of the United States may deem necessary, there shall be made available to ORCOG. COOT, USOOT and/or representatives of the Comptroller General for examination, all records with respect to all matters covered by this contract and the Contractor wiU permit ORCOG. COOT. USOOT, and/or representatives of the Comptroller General to audit, examine, and make excerpts or transcripts from such records, and to make audits of aU contracts, invoices, materials, payrolls , records of personnel, conditions of employment and other data relating to all matters covered by this contract. 3. TIME OF PERFORMANCE This contract shall commence upon execution and shall expire June 30, 2005. 4. COST OF EQUIPMENT PURCHASES The cost for equ ipment purchases in wh ich federal funds are participating shall not exceed $75 ,000 (Seventy-Five Thousand Dollars). The Contractor agrees to provide all installation and operation of the' purchased equipment at its expense . 5. REQUEST FOR PAYMENT BY THE CONTRACTOR a. ~-ORCOG shall reimburse the Contractor up to $7!5,000 (~ FMt Thousand Dollars) for the purchase of traffic signal equipment• described in the attached Scope d S.W:.. l ' • • •' C I. b. • Payment Payment shall be made on the following balls: After receipt of the equipment, the Contraclor shal submit the invoice to the DRCOG Accounting Department for reimbursement. ORCOG will incarporam lhe invoice into its next bil to COOT. Upon receipt of payment from COOT by ORCOG and upon verification by ORCOG that the Contractor has installed the equipment and that the equipment Is operating as ""in..,181-ICied..- ORCOG will reimburse the Contrac:tar for the amount of the ContraclDr's invoice. It is the Contractor's sale responsibility to install the equlpmant and contact DRCOG for field verification prior to receiving reimbursement MANAGEMENT a. ORCOG Representative. DRCOG has designated Jerry J. Luor as its representative who wiH coordinate reviews, approvals, and authorizations. b. Contractor's Representallye. The Contractor has designated Ladlslav Vostry as its representative for this contract who shall be responsible for coordination and liaison with ORCOG on the equip,nent purchases associated with this contract. If at any time a contractor representative is not assigned for this contract. the Contractor shaH immediately notify DRCOG and work shall be suspended until a representative has bean assigned who is acceptable to DRCOG. c. By signing this agreement, the Contractor also represents that its organization and its principals are not suspended or debarred per Federal requirements. · 7. PERSONNEL The Contractor represents it will provide and secure the personnel required in installing. maintaining and operating the equipment listed in Exhibit A. All of the services required hereunder wiH be performed by the Contractor or under its supeNision, and all personnel engaged in the work shaH be fully quautled and shal be authorized under Slate and local law to perform such services. Such personnel sha ll not be employees of or have any contractual relationship with ORCOG Any subcontracts entered into by the Contractor assoc iated with this Contract shall incl ude a statement that the part ies to the subcontract understand : that ORCOG is not obligated or liable in any manner to the subcontractor or for the performance by the Contractor of its obligations under the subcontract. I. TERMINATION a. Funds not Available . In the event that CMIAQ funds are not made available to ORCOG per Recital A. this Agreement shall terminate immediately. b. Term ination for Mutual Copyen;,nc,. The parties may. with the concurrm of COOT, terminate this agreement if both parties agr'N that the equipment purchases specifted in Exhibit A would not produce ber.eftc:ill fWIII. c. J,rn,inatjgn ot Cgntract fq ea,.,. If 1tvougt1 ..., caa. ~ bee majere, the Contrador shal fail ID fullll in llmety and proper ,..,,. It's • ' .. .. • • ·• • • obligations under this contract, or if the Contractor shaB violate any of the covenants, agreements, or stipulations of this contract, ORCOG shaB thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination which shaU be effective upon receipt of the written notice. In that event, ORCOG shaH not be required to reimburse the Contractor for any equipment purchases not yet billed ID COOT. Notwithstanding the above, the Contractor shall not be relieved of liability to DRCOG for any damages sustained by DRCOG by virtue of any breach of the contract by the Contractor. d. Termination for the Convenience of DRCOG. DRCOG may tenninate this contract at any time by giving written notice ID the Contractor of such termination, which shall be effective upon receipt of the written notice. If the contract is terminated by DRCOG as provided herein, the Contractor shaU be entitled to receive compensation for any equipment purchases made prior to the effective date of such termination, subject to field verifications being completed to the satisfaction of DRCOG. 9. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees to comply with au federal and state laws, rule, regulations, and orders regarding equal employment opportunity . In the event of the Contractor's non-compliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole ot in part and the Contractor may be declared inaligible for further contracts in accordance with procedures, authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations. or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. 10. INTEREST OF MEMBERS OF DRCOG AND OTHERS No officer, member. or employee of DRCOG and no members of its governing body, and no other pub lic official of the govern ing body of the locality or localities in wh ich th e project is situa ted or be ing carried out who exercises any functions or res ponsibilities in th e revi ew or approval of the underta ki ng or carrying out of .. this project, shall part icipate in any decision relating to thas contract which affects his personal interest or the interest of any corporation, pannership, or association in which he is directly or indirectly interested or have any personal or pecuniary interest, direct of indirect. in this contract or the proceeds thereof. 11 . INTEREST OF THE CONTRACTOR No officer, member, employee or agent of the Contractor or any other person who is authorized to exercise any functions or responsibilities in connection with the negotiating , review or approval of the undertaking or canying out of any segment of the program contemplated by this contract shal hal/9 any ftnancial or other personal interest, direct or indirect. in this contract ot any subcannc:t ' .. ' l • • .... • • 0 [J thereunder, or in any real or personal property acquired therefor. Any person who shall involuntarily acquire any such incompatible or conflldlng personal interest shall immediately disclose his/her intsest to DRCOG in writing. Thereafter (s)he shall not participate in any action affecting the program under this contract unless DRCOG shaU have detennlned that, in light of the personal interest disclosed, the participation in such action would not be contrary to the public interest 12. OFFICIALS NOT TO BENEFIT No member or delegate to the Congress of the United States of America and no resident commissioner, shall be admitted to any share or part hereof or to any benefit to arise here from, except as a member of the public. 13. INDEMNIRCATION The Contractor is an independent contractor and not an employee of ORCOG. As an independent contractor, the Contractor is not entiUed to workers' compensation benefits except as may be provided by the Contractor nor to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or some other entity. The Contractor is obligated to pay all applicable federal and state income tax on any moneys earned or paid pursuant to this contract relationship. The parties agree that the Contractor is free from the direction and control of ORCOG except such control as may be required by any state or federal statute or regulation, and that ORCOG does not require the Contractor to work exdusively for ORCOG; does not establish a quality standard for the Contractor; does not provide training, or does not provide tools or benefits of performance by the Contractor except through a completion schedule. To the extent allowable by law, the Contractor shaU indemnify, save and hold harmless DRCOG. its officers, employees and agents, against any and all claims, ·damages. liability and court awards, including all costs, expenses, and attorney fees incurred as a result of any negligent act or omission of the Contractor, or its employees, agents, subcontractors or assignees related to this contract. The Contractor shall include language similar to the foregoing in any subcontract associated with this Contrac:. stating that the subcontractor agrees to indemnify, save and hold harmless ORCOG for negligent acts or omiss ions of the subcontractor, its employees. agents. subcontractors, and assignees . 14. FEDERAL REQUIREMENTS The Contractor shall at all times during the execution of this contract strictly adhere to, and comply with. all applicable federal and state laws, and their implementing regulations, as they currently exist and may hereafter be amended. which are incorporated herein by this reference as terms and conditions of this contract. The Contractor shall also require compliance with theH statutes and regulations in subcontract agreements associated with this Contract. 6 ' .. -· • • ( The Contractor agrees ID abide by and falawlr,g al applicable federal and stale guidelines when expendilig any funds ~ from 1h11 contract. This indudel, but is not lmitad ID, the Proa.wwnilnt Standards set forth in Subpart C of 0MB Cln:ular A-110 and the 8Pf*;able pr'OVllianl r:I the Fedenll Acquillllol1 Regulatlon ("FAR"). together with any adclllar'8 or IIJPPlemenlll "*91D promulgated by the Fining Agency. Qnn ragu1at1on1 can be bni at http://www.amet,p,lfar/. The Contf!ldOr agrees ID indemnify, S8Y9 and hold hannlea, 0RC0G. 1111 officers, employees, agents, subcontradors, and 8lligneel should these regulatk?"9 not be followed. 15. CHANGES . AD changes to this contract sha8 be in the form of a written supplememal agreement. signed by the parties ta this agreement. 11. GENERAL By: By signing this agreement. the Grantee represents that i1s organization and ill principals are not suspended or debarred per Federal requirements. Thia contract represents the entire agreement between the Contractor and ORCOG, replacing and superseding any l)nlVkM contract. oral or written, which may have existed between the parties relating ID the matters set for1t'I herein. IN WITNESS WHEREOF, the parties hereto have executed this cantract on the ___ day of 2004. DENVER REGIONAL COUNCIL OF GOVERNMENTS Jennifer Schaufele Executive Director QTY OF ENGLEWOOO ATIEST: ATTEST. By: Betty L McCarty Administrative Offlc:er By: _________ _ 7 • • . .. .: . . EXH,arr A DRCOG Signal Equipment Pun:bae Scope of SenicN The City of Englewood wil purchase traffic signal equipment for ill trafflc signal system at various locations in lhe city. The equipment to be purchased, and the locations for deployment consist of: Location Equipment Estimated Cost Hampden Avenue (5 locations) & System .Detecllon equipment $47,000 Logan Street (4 locallons) . Hampden Avenue (4 locations) & Traffic Signal Net-Mns/Comnuic:ations $20,000 City Hall (one location) equipment Intersection of Logan SlnNtt and NEMA Con1ro11er Cabinet $8,000 Chenango Avenue , Total Estimated Coat $75,000 COUNCIL COMMUNICATION ~ Date: Agenda Item: Subject: -1 ~ -- December 20, 2004 Ci"' -V"'' M.i .,. ~ '~t~ Initiated By: Staff Source: Department of Public Works Jim Kavinsky, Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council strives to promote a cooperative environment with intergovernmental agencies. Council has approved fleet maintenance agreements with the City of Cherry Hills Village since 2003. RECOMMENDED ACTION Council approwif. 11uthorizing the Mayor to sign an extension to the Intergovernmental Agreement with the ~f Cherry Hills Village, adjusting Englewood's hourly rate for fleet maintenance services for 2005. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED - The City of Englewood has provided fleet maintenance services for Cherry HUis Village since 2003 . This extension to the IGA adjusts the hourly rate to $60.40 per hour, which is the same rate charged to the City of Sheridan, Englewood Schools, and the Englewood Lions Club. Providing these services to outside entities has been accomplished without adding additional staff. FINANCIAL IMPACT The hourly rate of $60.40 per hour, plus a 20% mark up on parts, will cover all expenses incurred by the City of Englewood . It is estimated that, in 2005, the City of Englewood will realize revenue in the amount of $35,000.00. LIST OF ATTACHMENTS Exte nsion of Agreement. .. t .. • • COUNCIL COMMUNICATION Date: Agenda Item: December 20, 2004 Initiated By: Staff Source: Department of Public Works Jim Kavinsky, Operations Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council's goal is to utilize intergovernmental and interagency cooperative opportunities. Similar opportunities have occurred with Englewood Schools, City of Cherry Hills Village, and the City of Sheridan. RECOMMENDED ACTION Council approv authorizing the Mayor to sign an extension to the agreement with the Englewood Lions ub for maintenance of the Englewood Lions Club Miniature Train, adjusting Englewood's hourly rate for maintenance services for 2005. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDENTIFIED Since 1999, the City of Englewood has provided maintenance services to the Englewood Lions Club for their train that operates at Belleview Park during the summer months. For 2005, the City will perform maintenance at a rate of $60.40 per hour, which is the same rate charged to the City of Sheridan, Englewood Schools, and the City of Cherry Hills Village . FINANCIAL IMPACT TI1e hourl y rate of $60.40 per hour, plus a 2D'Yo mark up on parts, will cover the City's expenses for services p erformed . It is estimated that, in 2005, the Ci ty of Englewood will realize revenue in the amount of $2,5 00.00. LIST OF ATTACHMENTS Exte ns ion of Agreement. ,. .... ( EXTENSION OF AGREEMENT WHEREAS, the City of Englewood and The Englewood Lions Club cnteRd into an agreement dated January 21, 2003 for necessary repairs and maintenance service of the miniature train owned by the Englewood Lions Club; and WHEREAS, the agreement provides for three additional one-year extensions of this agreement to be negotiated by_ the City Manager or his dcsigncc. NOW, THEREFORE, the parties apec to extend the contract from January I, 200S through December 31, 200S with the following price for services: The City of Englewood shall perform all necessary repairs and maintenance on the miniature train owned by the Englewood Lions Club to the Englewood Lions Club's satisfaction, and the Englewood Lions Club shall pay to the City of Englewood for such services the sum of sixty and 40/100 dollars ($60.40) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charges plus a Twenty percent (20%) handling fee . DATED: / / /J ' / 0 y ENGLEWOOD UONS CLUB A~ DATED: ______ _ CITY OF ENGLEWOOD ATTEST: Gary Scars, City Manager Loucrisbia A . Ellis, City Clerk -- I Srudlt. 8~'411 ,(/MkJ ~"°""'4 /Ji a Qkutce ·• • • There ore 45 auto dealerships in Englewood on South BroadWay. 10 of these 1.-e new/used auto dealerships, while the other 35 are used ond auto pawn dealerships. •The total estimated monthly payroll for auto dealerships is $2,373,397. •The total estimated number of employees is 844 . •There are 39.17 acres dedicated to auto dealers; 31 'JI. of the total 8-2 Commercial acreage on South BroadWay. •Auto Dealership building square footage is 290,200. •Englewood portion of 1995 Arapahoe County collected auto use tax was $1,017,206. •Number cl employe., and monchly poyroff baled on JO cl lhc 45 auto de1Mnllipo reported in Colot-Dept cl L.lbo< 1995 3rd quitter ~stks. 'iukln! squore ,_ baled on En,cwood S..ty SCMcn • Flt•·~ bole . •Actu9< boKd on En!iewood Utilities 0.p(. - ! 0 R""'JU o/ fv~ a..J ~ ja,, I .e~ ,(/MkJ ~"°"""': l'.. :~%;~~;;;;~~:;;;;i::~ :~~:,s::::~::;, offke •$40,000--$100,000/year : Managers. •Some sales personnel can make over $40,000. General Managers can make signifi-t cantly more than $100,000. ~o ! I ~ I -t I I 8~ o/ C~IHMli at a .ea;u;s ,(/MkJ ~eak,,,: PNI: •Provide valuable, convenient services to City residents and other auto businesses •LAl9e, diverse job besc •Are ill slgnlflcent element of ill revenue generilltlng industry COIII: •Not conducive to pedcstrien treffic • Typicetly not lendsc:aped well 1'fpial 1MJc Auto Dulcr Seven euto dealers occupy over one ecre . These seven dulers empk>y 91 '-of euto dealer employees. • 3.64 average acres •43,233 average building square footage •98 average number of employees •$631,922 .81 average annual Englewood sales tax •$280,802 estimated aver- age monthly payroll , 1'fllical IINII AIM Dulcr 38 of the 45 auto deillers on South Broedwey 11te small busl · nesses. •0.3 ecres averege • 3 employees on averege • 1, 705 averege building sq. feet •$1 ,989.63 averege ennual Englewood silles tax •$5,771 estimated ave rege monthly peyroll ' •· • - City of Englewood ' DATE: December 20, 2004 PLEASE PRINT NAME ADDRESS .+ I • • ORDINANCE NO . SERIES OF 2004 BY AUTHORITY lNTRODUCEDBYCOUNCa MEMBER.~~~~~- AN ORDINANCE AMENDING TITLE 16, CHAPTERS, SECTION 2, SUBSECTION C(3) (a). OP THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO STANDARDS , FOR AUTOMOTIVE SALES, RENTAL , STORAGE, PARK.ING USES AND, ADDING A NEW SUBSECTION (b) PROVIDING FOR iMPLBMENTAttO~Pl!RIODI. WHEREAS, the Unified Development Code (UDC) of the Englewood Municipal Code (EMC) sets forth the uses of propeny 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 a draft based on the Committee 's recommendations and after a Public Hearing on September 21 , 2004 recommended th e Ordinance with certain amendments ; and WHEREAS , th e Englewood City Council, through its police powen, 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 T'se Conunittee ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD , COLORADO , THAT : 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). A· Sqmdyds •.C.U Drau,11ge, S11rf11oillg and Mllinttnt111Ce Areas subject to wheeled traffic, whether for parking, sales, or storage, shall be properly graded for drainage, provide o si te detention of storm runoff, and be surfaced with A hud surface PUPYMt to 11-3-5 EMC apd the; Storm Drajgage critma adoPts4 bx the City eeneNle, •phallie eeaeNle, aa19halt er hfielt par,e,s, s111,jeet te the appre ,1al ef the Qep11A111e11t ef Plilllie Werks. S11eh ~ shall he 1118i11tat11ed i11 geed eeaditi811, free ef .,1eede , dirt, tra5h, 1t11d dehl'is . II . a) ~ 111111 Screening ,t\t<ell!i s11hjeet te wheeled traffie shell he prer;ided with hllffie,s ef s11eh dillleasieas that eee11paat1 ef aejaeeat e, ..a;eilliag ,esidea1ial !llftl&htres are 11e1 w1aaa11NI) ai1Nftle'4 either 11) M)' er eight, hy the 111e , e111eat ef ·, ehielee. YllleH etherwise prer;ided HIP ia this Title, HIP eeeh he1111HfY lille 111Mtffillg direetly e11 11 resideatiel let, 11 wllll e, elesed feee feaee (Ill lell!it fe11r (4) feet high) sh111l he pre·, ided, whteh shell &eP\11 as a harrier te p11SS11ge ef perseas, .. 1111te 11111tel'iel, and li1ht fre111 headlights . b1111dseapi11g 111111 sereeai11g re1111ire111e11ts 1111der Seetie11 I fi fi 7 5iMC, 11lse appl). An obscuring fence or wall at least four C4> fest in heisht !ihall he installed along anv prppeny line adi1&eot to a CRi4Fntiallx zoned oropcax Fences mav not he wuics4 at access ooiots or where a building Provides adsauate scCFSuius e. (.ll Marking of Parking Lots, Str11ct11rt!S, and Car Slllt!S Lots Parking spaces shall be marked and maintained on the pavement. and any other directional markings or signs shall be installed as permitted or required by the City to ensure the approved utilization of space. direction of traffic flow , and general safety. Spaces designed and used for the display or storage of inventory in a sa les lot shall not be required to be marked . 2 t ( • • .tW Bumper flllll Curf>r4111#/ W/tHI~ 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. (b) Wheel slepa are lliseelll'&gell • .. he,e lhey IIIBY ielerfere .r, ilh effee1i·19 seew elearaRee epere1ie111. Aeeerlli11gly, wheel slepa me) lie 11sell ill ,elalie11 le lhe felle .. illg 11Ses elll)·: (ij (Ii) (Iii) l,11te111e1in Sele&, Re!llel; Pllftalll Faeililies, S1r1te1We (Qpel'llllle \lehielea~; 8118 CeR1111e,eial Slel'llle efQpel'llllle The sleppilig edge ef Ille r.r. heel step shall lie plaeell Re eleaer lh1111 .-. .. e feel ire.111 lhe ellsea ef Ille p111!lie righl ef way, p111!lie aillewallt, er INiklilig. !. parked ehiele ~ e .,... • lan81eape8 81'11 8INI 11p le ~zoe feel ef s11eh Ianii11apell -111&) 111 i111l11dell Ha pan ef 1h1 l••l'h ef a NII aia pufiie11181). This pre, iaie11 fer , ehiele e, erhillg shall 11e1 apply le ee111pae1 ,iee ,-ltin1 s,aees . ._ ~ £11,,,,,.cn 111111 Exits Areas subject to wheeled traffic shall be provided with entrances and exits so located as to minimize traffic congestion. Vehicular ingress and esress to major or minor anerials 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 interference and promotes free traffic flow on the streets without excessive interruption. /. !.6J Lig/11urg All lighting shall be designed and located so as to confine direct rays to the premises. Lighting facilities shall be so arranacd that they neither unreasonably disturb occupants of adjacent residential propcnies nor interfere with traffic . Liahting facilities shall not exceed twenry-five (2S) feel in height. 3 • • g .(D. Proximily to Public Right-of-W"Y 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 not be located within the required sight triangle. It. (8) Restrictions on Use of Parking Area No public or required pa.riling 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) Back-Out Parking Parki11g -as fer l111si11ess and i11dll!llfial dislfiels 11118 lftlHliple HUBil y resi 8e111ial 8istriel9 , 11e1 i11eh18i11g e11e 111til 11118 w.re llftit 8welliRgs IMI are 11eReeRfeflfti1tg IIHB iR the MU 8 I , MU El ii, er I I er I ii Qistfie11, Parkjpg areas shall be designed so that vehicles are not permitted to back out of the parking area onto a public street. ;,_um Alley lmpronments 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. illl I.lit &ppgag5 There shall he a minimum of sevsntv-five lZ5> feet of frontaKF on a maioc solle;t2r or NlFrial [9fdwav for agy use ntablished under l6-5-2CCX3l EMC Fmuwss ia bard op the most significant adiacsut rpadwav Fron5MS on moDi than one maior co llector or angjal shall PPl he combipq;l to meet mioimum frontage CS9YVli!PCPts · WJ Buildings Uooo ths establi¥Jrnsot 4evslRPJPent or commsocemcot of ooeration ofap autoPJPtixs salq or CSPtal bMiPCM yss · PSW or existing buildinss shall be brousht YR to lhs cuUSPt sPFSific codes adonted bx she Citv includios bur 001 limiJW 10 · buildios electric olumbins IPCGhaoisal apd zonios or the buildios, mlYt be removed Prior to oPSAtios anx use undq this J>aragraph lmolementatiou Periods For Automotive Sales or Rental Use SPSSiific S1aodard,s aJ. If an au tomotive sales and ceutal uss has not cxislc4 since January I 1995 on tbs; sub iect oroPSOY all Use SR£Cific S1apdapk of Ibis PIABAPh 3 shall apply • • • • al If the owner of an automotive ales apd ceotal use oroPGrtv documents thaLill automotive sales and ,:cptal YK wv licFPK4 to oPRJ&E bv the Stats of Coloradg OP the subicst W9PSJSY afts Janyary I 1995 hut he got hssn liceosc;d to OPFWF IP autgmgtixc gig or molll YK for the fixs xw PSiod Prior to the date of IPPlicatioo for limitg;l YR thcP the prpRFJIY shall mg;g all the Use SRCcific §tagdards updq this SubscstiPP 3 EXCSPt the CCAuiremqrt to orovide ZS feet gf fmptass Kt forth io 16-5·2CCY3XaXI ll 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 pan 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 app lication to other persons or circumstances. Section 4 . lnconsjstent Ordjnances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. Th e repeal or modification of any provision of the Code of the City ofEngiewood by this Ordinance shall not release, extinguish , alter, modify , or change in whole or in pan any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still rem aining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability , as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings , or prosecutions . Section 6 . Penal!)'. The Penalty Prov isio n of Section 1-4-1 EMC shall apply to each and every violation ofth1s Ordinance. Introduced, read in fu ll , amended and passed on first reading on the 6,i, day of December, 2004 . Publi hed in full as amended on the 10th day of December, 2004. ATTE T : Douglas Garren. Mayor Lou cn hia A. Elli s. ity Clerk 5 • • 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, amended, read in full , and passed on fim reading on the 6• day of December, 2004 . Loucrishia A. Ellis 6 BY AUTHORITY SERIES OF 2004 IJUUNCf, BILL NO. 31 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCB ~UTHORIZING AN "BXCHANGE OF PERMAN11N1t EASEMENTS" BETWEEN DIANA & LEIGH BRAY AND THE CITY OF ENGLEWOOD, COLORADO IN THB VICINITY OF BA'l1!S LOGAN P~!AND 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 "Exchange 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 Euemcnt over, under, across and through the Bray Easement Property for use as a private yard for 620 East Balel, but subject to the right of the City to enter and maintain the City Ditch; and WHEREAS, the Brays grant to the City, its successon and usigna, a perpetual casement ("The City Eascmcntj over, under, across and through the City Easement Property for use and maintenance as a 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 bctwcco Diana and Leiah Bray and th~ City of Englewood, Colorado, attached hereto u Attachment 1, 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 tint readina on the 6da day of December, 2004. -1- Published as a Bill for an Ordinance OD the 10th day of December, 2004. Read by title and passed OD final reading on the 20th day of December, 2004. Published by title as Ordinance No. __, Series of 2004, OD the 24th day of December, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed OD final reading and published by title as Ordinance No. __, Series of2004. Loucrishia A. Ellis -2- ( EXCHANGE OF PERMANENT EASEMENTS TiilS Exchange of Permanent Easements (the "Exchangej is ratified this __ day of -----~ 2004, by Diana Bray and Leigh Bray ("The Brays;, whole address is 2890 S. Clarkson Street, Englewood, CO 80113, and the City ofEqlcwood ("The City"), whole address is 1000 Englewood Parkway, Englewood, CO 80110, for valuable coasiclcration u descnlled herein: Recitals: A. The Brays ue the owners of real property described in Exln"bit A lltlebed hereto (620 East Bates). B. The City is the owner of the real property, the relevant portion ofwbich is described in Exhibit B attached hereto and commonly lcnown as Bates-Logan Parle ("Bates-Logan Park''). C. The Brays and the City no w desire 10 exchange easements relating to die property known as 620 Eut Bates and Bates-Logan Park. The parties covenant and agree u follows: l. Bray Easement Property . The Bray Easement property shall meaa the land located in the County of Arapahoe, State ~f Colorado, more particularly described in Exhibit C, consisting of one page, attached hereto and inCOlpOl'llted herein by reference. The Bray Easement Property is the land granted by The City to The Brays. 2. Grant of Bray Easement. The City hereby grants to the Brays, their successors and assigns, a perpetual easement ("The Bray Euement") over, under, across and through the Bray Easement Property for use u a private yard for 620 Eut Bates, but subject to the right oflbe City to enter and maintain the City Ditch. a. Appunenance of Bray Easement The Bray Easement shall be an easement appunenant to the property at 620 East Bates and may not be transferred, assigned or conveyed separately from such property. b. Consideration for the Bray Easement In consideration for the Grant of the Bray Easement, the Brays shall grant to the City the City Easement C. d . 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 is coasistent with and does oot impair the rights granted to the Brays in this Exchanae. No Improvements to the Bray Easement The City covenants and qrees not to construct, erect, place or plan any "lmprovemen11," u defined A t t a C h m e n t l ' "" .. ..... • • herein, on the Bray Easement without obtaining tbe prior consent of the Brays, except such improvements as are necessary for the maintenance of the City Ditch. "ImprovemenlS" shall mean Ill'/ structure, buildina, planting, trees, shrubbery or garden ~ than a pass type lawn. The Brays shall have the right to remove, without any liability to grantee, any improvements constructed, erected, placed or p1anled on the Bray Easement without having obtained the City's prior written consent, except such improvemenu as are necessary for tbe maintenance of the City Ditch. If such prior writt.en c:omeat is not obtained, the Brays shall not be responsible for repair or replacemenl of tbe Improvements if they are damaged during construction, rnaintcn•nai, repair, replacement or enlargement, except for those irnprovemenlS nec:esmy for the maintenance of the City Ditch. e. Subjacent and Lateral Support of the Bray Euernent Propeny. The City covenants and agrees that the Brays shall have tbe right of subjecent and lateral suppon on the Bray Easement Propeny to whatever extent is necessary or desirable for the fWI, complete and undisturbed enjoyment of the rights granted to the City in this exchange. f. The Brays will be responsible for the maintenlDCC and irrigation of the Bray Easement Propeny, except for the City Ditch and appurtenant structures, which will remain the responsibility oftbe City. The Brays will have the right to install landscaping. iniplion equipment and fences in the Bray Easement Propeny. So Iona as Ibey do not interfere with the use and maintenance of the City Ditch. J . City Easement Propeny. The City Easement Property shill 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 lend granted by The Brays to The City. 4 . Grant of City Easement. The Brays hereby grant to the City, iu successon and assigns, a perpetual easement (''The City Easement") over, under, across and through the City Easement Propeny for use and maintenence as a public Park. a. Appunenance of City Easement The City Easement shall be an easement appunenant to Bates-Logan Put. and mey not be transferred, assigned or conveyed separately from such property . b. Consideration for the City Easement In consideralion for the grant of the City Easement, the City shall grant to the Brays tbe Bray easement C. d. Rights of Brays . The Brays reserve the right of access across the City Easement Propeny and all other rights in the City Euemc:nt Property not inconsistent with the use of the City Easement Property by the City as described herein . Access to City Easement. The City shall have perpetual, nonexclusive right of in~ and egress in. to. over, through and ICl'OIS the City 2 .. ' .... .. ( • • ( ( e. Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to the City under this Exchange. No Improvements to the City Easement. The Brays covenant and agree not to construct, erect, place or plan any "Improvements" a defined in parapaph 2 d above, on the City Euement wilbout obtainina the prior consent of the City. The City shall have the right to remove, without any liability to grantee, any improvements comuucted, erected, placed or planted on the City Easement without havina obmined the Brays' prior written consent. If such prior writ1m1 COIIICllt is not obcained, City shall not be responsible for repair or replaccmeul of the lmprovementl if they are damaged during construction, maintmance, repair, replacement or enlargement f. Subjacent and Lateral Support of the City Euement Property . The Brays covenant and agree that the City shall have the right of subjacem and lateral support on the City Easement Property to whatever extent is necessary or desirable for the full, complese 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, IJec trimming and other care of the landscaping. The City will keep the City Easement Property entirely landscaped in grass and without any subslantial cllllnge in the grade, except that the City will have the right to plant new landscapma, including trees, bushes, shrubs and other pllmls. The city will install no improvements of any kind above or below the surface or at grade except for irrigation equipment in the City Euement Property. · 5. Preservation of Existing Right of Way. The Brays hereby covenant and agree that this agreement will not alter or affect the ript of way for the City Ditch or the right of the City to enter onto portions of 620 Eat Bates for the purpose of maintaining the City Ditch pursuant to the Deed of Right of Way recorded March 27, 1876 in Book 82 at pages 470-471 and the Notice of Prior Recording of Easement Recorded May 3, 1999 as Reception No . A9071994, o:xcept 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 repair exclusively . 6. Binding Effect. This Exchange shall extend to and be bindin& upon the heirs, personal representatives, successors ahd assigns of the representative parties hereto. The terms, covenants and conditions in this fachanp shall be construed as covenants running with the land. 7. Boundary Agreement. The City and the Brays each agree that the location oftbe common boundary line between Bates-Logan Park :ind 620 Eat Bates u depicted in the attached Exhibit E. 3 t ... • • 8. Public Parle. IfBates-Lopn Part. ever ceaes to be owned by tbe City or a successor public entity or ceues to be UMd II a public put, the easements granted herein will terminate. The Exchange of Pennanent Euemmts ralified u oftbe date fint set above. Attest Loucrishia A Ellis, City Clerk STA TE OF COLORADO D<AIVCA... COUNTY OF Mbld's\tl8E ) ) SI. ) CITY OF ENGLEWOOD By ___ """""" ____ _ Douglu Oamtt, Mayor The foregoing wu signed before me by Diana Bray and Leip Bray on f'Y1+y fl J 1 400 I{ My Comm issi on ex pires : (t IIHIMTA UC-rll Ml""RPIW EXHIBIT"B" LEGAL DE SC1UPTION A TRACT OF LAND IN TIIE SEY. NE Y. OF SECTION 34, TOWNSHIP 4 SOU111, RANGE 68 WEST OF TIIE 6™ PM. WHICH TRACT IS A POR.TION Of A TRACT CONVEYED TO GEOR.GE R. LeFEVER. BY WARRANTY DEED DATED JUNB 16, 1953 AND RECORDED SEPTEMBER. 15, 1954 IN BOOK 877 AT PAGE 151 OF THE RECORDS Of THE AP.MAHOE COUNI'Y CLERK AND RECORDER. WHICH TRACT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SOUI'HWEST CORNEil OF SAID SE Y., NE Y. OF SECI'ION 34, WHICH CORNER IS MONUMENTED BY A RAILllOAD SPOCE; THENCE NOR.TH 00°00'00" EAST 690 .0 FEET (ASSUMED BEARING); THENCE NOR.TR 119"27'15" EAST 652.5 FEET; THENCE NOR.TII 00"04'25" EAST 300.1 FEET; TIIENCE NOltTH 89"29'40"EAST 132.7 FEET, MORE OR. LESS, ALONG THE SOUTH BOUNDARY OF SAD> TRACT DESCRIBED IN BOOK 877 AT PAGE 151 (AP.MAHOE COUNTY) TO ITS INTER.SECTION WITH TIIE WESTERLY RIGHT OF WAY LINE OF TIIE DENVER. cnY DITCH (SAD> RIGHT OF WAY LINE IS 30 FEET FR.OM AND PARALLEL TO TIIE CENTER. LINE OF SAD> DITCH), SAD> INTERSECTION IS THE TR.UE POINT OF BEGINNING; THENCE ALONG SAD> RIGHT OF WAY LINE ON AN ARC TO THE LEFT (HA VINO A RADIUS OF 124.6 FEE1" AND CHORD BEAR.ING NORTH 19"10' 12" WEST 36.0 FEET) 36.1 FEET TO A POINT OF TANGENCY; TIIENCE NORTH 27"28'20" WEST 127 .8 FEET TO A POINT OF CUR.VATUR.E OF AN ARC TO THE LEFT (HA VINO A RADIUS OF 144.6 FEET AND CHORD BEARING NOR.TH 47°38'30" WEST 99.7 FEET); THENCE 101.8 FEET ALONG SAD> ARC TO A POINT OF TANGENCY; THENCE NOllTH 67°48'40" WEST 19.4 FEET TO A POINT ON EAST LINE OF TRACT DESCRIBED IN BOOK. 882 AT PAGE 404;. THENCE SOUTH 00"03'35" WEST 223.4 FEET ALONG EAST LINE OF TR.ACT DESCRIBED IN BOO~ 882 AT PAGE 404; THENCE NORTII 19°29'40" EAST 162 .7 FEET ALONG TIIE SOUI'H LINE OF TRACT DESCRIBED IN BOOK 887 AT PAGE 151 TO TIIE TR.UE POINT OF BEGINNING; COUNTY OF ARAPAHOE, ST ATE OF COLORADO . ( ( (t, ( TriState Surr,eying, Inc. Bndley D .. PtUrSan, PLS ]MU 30, 2003 ~''A" An UlifflUfft gnurud by W C iry of 'Eltflffllood :o :/w property 1U dacriiMtl IZt lucqmon .'lo .. '\90fi'82l of rhl . ..\rapahoc COJ41U'!l 1"1C01'dl num ;,ar::c--""riy tksmbtd .u jollows: &ginnvrf at :Ju Mr:hwtn cOTMT of ch6 'i"OPD'::J a dacribtul ar R..lcq,rior& :,.fa. • .\904TS2! oj tM .,rqahoe C&JW1ry l'ft:an1:i. ;;aul pomt also 1xtnf II poua an rlw SDMth right of UJily liM af Bara .. l11~. ~ po'in:t lllso baff8 cm rh.e r.oamly lw iJf the uur 193 l••r of .i fl"JUl ,u 4ambcd :. :rook m .n pap 151 of rh.e AnlJ'ahM COMnty f"fflfflU. !7rena. S00"2l '03 .. !. alonf will wourly lw, a 4istau af 6i .13 .far co 4 poi1" S.o-0 fer. nor:h oj ~Ju soutMrly most ;,omr an :Ir, r.oarr.!y nroff 1"" of tlut l"°'Ptt't1/ ,u d.esciind .it R~nan .\lo .• UkTSll oj the :l,...Saoc C"1m?jl mords; Tnmce .V:'6 3 50'08"W, dqaJT.nf Mud a"M, a .tis:aau o/10.-117' ittt: TM,u;e :'.;06~so·s1 ··E. a t:listana of 63.19 fa,r :a .. point"" rlu aau:h 11gltt of way li1u of Baus .-\VffltU: Thnrc~ V89"29'33"E. along Yul rignt of ililll'IJ lw. a diswin.a of 2.00 /rtt ro rJw point <J_f btgmJ'l'fflg. ns: :i. Bamiaclc St'l'Ut L ;t-:lr.011. CO S02l0-3Bl9 C 0 Tri State Surveying, Inc. Bradley D. Peterson, PLS October 3-0. 2003 Easnnent "B" An eaHmfflr gnmutl to tu city of Englnuootl by ~ propo'hj a 4acribett tit lucqtion No. AfHH7821 of tM ·VIIJHUIO• County m:ords mare~ dacribed as follows: Beginning ar a point on " am,e at tu 111fffffly most coma on tM soralt lilll of the propffl'IJ as t:lacribed at Iuuprion No . .-\9047822, Mill point 11lso 'bang tJu ioesurly most cofflll' on tu nortlrnly most line Lot 1, Namunm Sxb.; rhffla along die soKtmuestrrly lw of the propaiy as 4acribed at R«qtion No. A90fi'821 of the ,\rap4'ho, County records. iltilt !ine also bang t1w ~Y most lw of a ptilTCel as recoratl in Book ISol ar Pap 161 of the.~, Carart:y n.cords. tlu fallou,iag four (4) cofD'US; 1) 34.93 ffft along tu (l1'( of a 11f.60 joar niduis am,e. u,iu,s, long duml bM1'S Nl8°50'00"W, a distllnce of 34.82 jur to a point of !mlgmcy; 2) 111"2i°35"28"W, " dist11nu of Ui.-13 fen to a point of QQ'Oatun; 3) 102.16 feet along tJu DC of" 1"-oO foot ratli.us aa,,,, wnou long chord bean N4i°'36 ·orw, " dist411Ce of 100.05 feet ta a point of umpncy; 4) N6B 0 54'22"W, a tlistllm:e of19.18 fen to" point n the ioataly lilu of the taSt 193 fttt of a p4n:el a dacri&etl in Book B7i' at P11p 15I of ti.~ CoKnty reconls, thaaa N00"'21 '03"'W, 4lang saill ramerly Zia. Jlrilt line also being the wesurly liM of the p,aperty as daai&.d 4t R«qtion No. .UN782l of rhe .4.rapahae CaKnty ncortls, • dist4na of B.ciO Jttt: duma dq41'tinf Slrill line IUld along a line 8.00 jeet nortJwasurly of and pal'llli.l with w ~Ly line oj the prapffl'IJ as tlescrlbd llt lucr,:,non No .• -UOC782I of ta.~ CoMnty TtU:onls the /ol~g tJnu (3) c:0111'H:5 lJ 568°54'22"!, a aist111Ke of21.39 jeer ta" poinr of am,mm; 2J 107.87 jeer along tM arc oj ll 152.60 joot: radius curoe, r.uhou long dronl Mars S47"37'08"E, a dist11nce of 105.64/ut to II point oj tlmfDU:'/i . 3) 527"35"2B"E, a disumce of113.86 feet ta a pain:; thln&e SI3°l5'52"E. tlq4fflllf Sllid parallel line, a distance of 50.00 fut to a p01nt on the sauthffly most ltn. of the propeTtlj as described ar Reception No. i\9047821, 54ul point 11lso &cing on the no .herly mast line of Lot 1, Neumann Sub, thfflce 589"29'33"W, •long~ lme, a distance of I . Of Jett to tM point of beginning. Saul easement contains an area of 2.070 sq. ft. Or a.as acres. man or lfli. i185 S. Bannat'k Stntt Littleton, CO 90210-3819 .I H ii. I T C ( ' ... .. • • =-- ,- \ BATFS ..J_ .... ·-=--~~--- GIW'IIIC IC~ u--; i k.----,._, i , ..... a ! t • • • BY AUTHORITY COUNCIL BILL 44 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING nn.E 16, CHAPTER 5, SECTION 2, SUBSECTION . C(J) (a), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO STAND~ FOil AUTOMOTIVE SAJ..ES, RENTAL, STO~ PAllINO 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 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 a draft based on the Committee's recommendations and after a Public Hearing oo September 21, 2004 recommended the Ordinance with cenain 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; OW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Ee GLEWOOD, COLORADO. THAT: 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· ss,osktala •.ill Drt1UU1ge, S11rftu:ing aa MIIUIUuace 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 bard IIID¥C pupyapg to 11-3-, EMC and the Stggn PmiPIRS qitgja adqpg;d by dJe Cjty 88lllflll1 -,hallie IBIIINll1 -,hall er lll'ielt per,-, !Mllljeet 18 the .,,.., ,al ef the Gep81'11B111I ef Plilllie Werlt9 . S111h ..... 1hell l,1 IMilllai1uNI HI 1aalli eeaailiett, r.. ef ueeda, 4ir:, lll:lh, •«I del,Pis . •. al ......, MIi Scrwab,g ,t4111 111l,j111 1e •t haalM .,.fli, lhall Illa ,,e -iM wilh Itani .. ef ?111eh .tim1a1iaa1 lhM 11111,•11 af Nj•••• er Mjeiaia1 r11id1Btial 11NaNN1 ..,. ••• ..,,111BNI, liilNlti1'4 ailhlr II) My er aipa, lly Iha 111e,, .. a1 ef ••alli1l11, 1:1111111 ••lf'bcraiN p,a,idetl fer i11 lhi1 Title, r., ... h lleHMI/ liea 1ll•ni•1 diNell) a11 • ,e1ilN111ial lea, a t.WI er ele•tA r., fl•• (M lwl fe11r (4) fell hip) !hall II• p,e illeli; .. ht,h !hall ••u • • haniier le p•••1• af , ... , .. , ••• maNPial. •ti liaht fte111 h1a.tli9hlS . ba11tl11111i•1 anti 11r1111ia1 ••1111i,1a11111 .. .a,, See1ie11 lfi (; 7 ~UC,alae appl). An obscwins fmsc or wall at las rour C4l rm in Fm MIii be installM alons IPY PCPPSGY 19 1tti1GSPt to a rgKkotiallx zoned oroPCnx Fsosn mav P9S be mum at ¥ens pginP or where a buildios prpyidq adceua1s scCECPins e. £ll Muliillg of P•rli111 Lots. Stnu:n,ra, ~ CM s.Jn Laa Parking spaces shall be marked and mainwned on the pavement, and any other directional markinas or s1ans shall be inslalled as permined or required by the City to en urc the approved utilization of space, direction of traffic flow , and aeneral safety . Spaces designed and used for the di play or toraac of inventory in a sales 101 shall not be required 10 be marked . 2 () ' .. ( I t' • • ~ I ( ~ Bumper fllli. Curb, ""' Wl,HI S.,., To ensure the proper maintenance and utilization of these facilities, parking areas shall be designed so that a parked vehicle docs 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,) lhe sf Wl,eel Sl6flB JJAteel 81epa a,e diseetJNled .:r. h•• lhey ma,, i11t1rfer1 n ilh ef.f.e11ir11 sae u eleara11e1 epe,alie111. Aeee,die1ly, "heel 11ep1 -)' he 118N HI ,elaliea ta lhe fella n iBg IIN& aal): (lij (Iii) Altle1118li 11e Sal11, Rea1al; Puliin1 Faeilili11, S1Ne111re EQpel'8hle \'ehiel•); 1111d "Ale s1eppill8 ed1e ef lhe • .. heel 91tlp shell he plaeed 11e eleaer lh8ft "' a feet f,em the etlges ef lhe p11hlie ri1h1 ef we), p11hlie side" elli, er hltiWillg. 1\ p81'1t.ed , ehiale 1118¥ e•, 1lhlll1 • l111daa1ped.,.. alNI: 11p l8 w•e feet ef -h l1111ds11ped -• ~ he ieellNled 89 8 ""' ef the l111glh ef 8 run siN peNHll stall. l=his 1'•e1Ji1ie11 re, ·, ehiele e•1erhe111 shell 1181 •l'l'IY 1e ee111paet siM ,.,tti•1 9ftl819. *-~ E11trtu1ca 111111 Exits 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 interference and promotes free traffic flow on the streets without excessive interruption . f. ~ Ligi,tiltg All lighting shall be designed and located so as to confine direct rays to the premises. Lighting facilities shall be so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic . Lighting facilities shall not exceed twenty-live (2S) fC'Ct in height. 3 t ' .. • • f.(ll. Proximity to Public Rig/rt-of-Woy 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 not 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. Ir (9) Back..()ut Porlci,,g Pulti11g -fer l111siRH8 anll illll11111'ial llisll'iets anll 11111ltiple family re1ille111ial dislrie19, Rel i1tel111li11g e11e llllil anll IWe 1111i1 w.,ellillgs lhal-11e11eenfeRBH1g IIN8 ill lhe Mt; 8 1, MtJ 8 i!, er I 1 er I i! 9isll'iele, Pag;kjpg args shall be designed so that vehicles are not permitted to back out of the parking area onto a public street. j.!JJ2l Alky l•pro-,e•e11ts Ull 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. Lot frppgye Dsc shall hsi a minimum ofseventv·five l75l feet of wtasc gp a maior oollPitor or arterial ro adwav foi apy HK qtablisbp;I ypdq I 6:5-2(CXJl EMC Front age is bagel op dJe mes sigpificagJ adiesEPI roadway frgpra se on mors; thap ope maior collector or arg;rjaJ aball not he c2mbiost to mssr minimum fromase reqyirqncpts . Wl Buildinss Upog the qtab(iMmcm dcYelORPJFPt or COfflIDSPSFWFPt of opqarioo ofan autpmgtjxe We w C5Ptal hmiua u.g· PFw or existing buildiOBI shall he bmu&bt YR tg the CWJFPl SPGGific codes adootc;d bv the Citv includius but not limited to· building electric, olumbins mcshAPical and zonins or the buildioss must be rsmovW Prior to 9PSAtins anx use updsc this ParaBRPh lmolementation Periods For Automotive Sales or Rental Use Smific Staoda[ds !J.l If an automotive sales and rental Y¥ has pog cxists4 siosc JanYID'. l 199S on the 5Ybicst PC9PFOY all Use Specific StMda[ds of this Paragraph 3 1hall apply ' ) • • - ( ( ~ If the owner of an automotive sales and rentaJ use oroPSI1Y docummts thaJ an automotive sales apd [FQtal HK wu licGJlled to oPFWF bx the State of Colorado on the aubiect RJPPSI1Y aOs January l 199S but by pot bq;p liSEPKd to ORFAIF IP aytgmgtiys yip w mmal MK for the five ygr period Prior to the date of aPPlicatiPP for limit¢ MK Jhsp the prppgty §hall mss all the Use SPFSific Stao4erna tmds this §ubgctigp J cxcCRS the n;guiRP¥mt to Provide 75 fest of frontase Rt fqrth io 16-S·2CCY3XaXl ll 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. Sevcrabiljty. If any clause, sentence, paragraph, or pan of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jwisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsjstent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any ponion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pan any penalty , forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, sui~, proceedings. or prosecutions . Section 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and eve ry viol ation of thi s Ordinance. Introd uced. re ad in full . amended and passed on first reading on the 6m day of December , 2004 . ' Publ is hed in full as am ended on th e 10th day of December, 2004 . A Publ ic Hearin g was ->ie ld on the 20m da y of December, 2004 Read by 1i tl e and passed on final readin g on the 20dl da y of December. 2004 . 5 Published by title as Ordinance No._, Series of 2004, OD the 24th day of December, 2004. DougJu Garrett, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed OD final rading and publisilea by title as Ordinance No. _, Series of 2004. Loucrishia A. Ellis 6 -· 0 ( BY AUTHORITY g u COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN GENERAL ELECTRIC CAPITAL BUSINESS ASSET FUNDING CORPORATION AND nnf CITY OF ENGLEWOOD, COLORADO REGARDING THE LAND LEASE WITH ROCKY MOUNTAIN MOB,LLC. WHEREAS, Englewood Parkway between South Elati Street 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 street 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 passage 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 Right-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 . S6, Series 2003; and WHEREAS, 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); 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 thei r rights , title and interest under the Lease; and WHEREAS , General Electric Capital Business Asset Funding Corporation (the lender) has 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 CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORAOO, AS FOLLOWS : -1- ' ... ' .. • • Section I. The City Council of the City of Englewood, Colorado hereby authorizes the "Agreement Regarding Ground Lease" with Gcncnl Electric Capital Business Asset Funding Corporation, attached hereto as Attachment I, pertaining to Rocky Mountain MOB,LLC. Section 2. The Mayor and City Clerk arc authorized to execute and attest said "Agreement Regarding Ground Lease" for and on behalf of the City of Englewood. Introduced, read in full, and passed OD first reading on the 6th day of December, 2004. December, 2004 . Read by title and passed OD final reading on the 20th day of December, 2004. Published by title as Ordinance No. __, Series of 2004, OD the 24th day of December, 2004 . ATTEST: Doug1aa Garrett, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enalewood, Colorado, hereby certify that the above and foreaoina is • true copy of the Onlinaacc pauecl Oil final reading and publisbed by title u Ordinance No. __, Scrica of 2004. Loucrishia A. El1ia -2- ( ) ( (- (( ( 6FJIB ll&CQRPINQ. IIIYM JO: Gerwal l!klclrlc Cepllal BUllnNI ..... l'undlng Co,,cnllon Mlddle Markat Rlllr/OpnClonl Dtpll1ment 10900 NE 41118"-&Illa 500 Bellewl, WIIINIIQUll1 N004 Alln: 9uun VOOGd Loan No. 001-1840-001 Jlt!I 1""1!!f ffllPNWP ft: Jenianl& • Pl 1* ti: Ill 001110111110n CJaorge C. Dlnap, Jr., llq. 1"6 Roa Avenue, SuHil 3200 DIIIN, T-76202 11/10/2004 17:29 #$9 P JJ!l/007 AGREEMENT UGA.RDJNG GllOOND LI.AD THIS AGllEMINT RIGAIU>ING Gll01JND UAD (1bb "Aa,enlllt") Is lllldc and executed to be cftbctlw .. of 111a _ _, or Novanblr, 2004, 1>1 an o, ENGLEWOOD, COLORADO, • Colando m,mlcipal oaq,ondoD ("LIDdlGld"). iD limr of GENERAL ELECTRIC CAPn'AL BUSINl88 ASRT J'ONDING CORPOllAnoN, • Delaware corponllloa ("Lender"); a&CITALS: A. Landlord Is the owner ofdla na1 properly locmd ID Anpahoe County, Colondo, which is more partieu1arly dac:rtbed CJD MibiS A attacbed 1D and mada a pert of1hla Apemleal for all purposes, ad all rishts, prlvileps ad appmtmances thcmo (coUec:iively, die "Property''). B. Pursuant to a certain Ground I.cue (the .,._") dated Sepcmber I, 2003, Landlord leased the Property to ROCKY MOIJNTAIN MOB. U.C, a Colondo limited liability company ("T111111tj . C. Temnt bas requested 1bat Laadlr ldYlace a lolD (the "Loin") ID Tlllmt 10 bl sceurcd, In put. by the lien ad provisions or a cenain CW'Clal Leabold Dlld of TNll (1111 "Deed of Tnistj covama all of Temar, ript, tldl and ... midlr dill i... 111d Cll1lln other Ulctl and ripll o!Tenmt. 1 ' .. • • I I ! i i ~ I I [ i ~ j·1,~1~ i88 i§ ,, 11 !~ ~rHtit.. t,~ 1i~ p .. lh e e J s e e e }ft~J(f !i ll1 ~f: llf ii( ( l If n f '!11hr · I h~ •u Iii l1i I ; 18 i l I, 11~! ~( iJt :8 111 ·li t I a:! 1 rt r1fJ,rfi n I ~ ; ,I hi It~ l . ti ~'if;'~'· i' t'l 5 !1 ttr i,; 1 Ii 1 11 f I i11!fr~i 1!i ~•~ ~ ii ~Ii (Jf f JI ! l A 1·,~,~[i sft fl( fl Jli i;1 I 1 t 11 1 I! !~ifi~ 1~1 I~ rr .fl r1 1 ~ ij a I ti' !Al ~,r a.I Is I 1~, r ii ' ' ',l ,, t,' i 'I~ i, rfi l I~ i f f iflfl 'J[ , f 11 ial t £ ' 1 1 ~ ~ i ~-r~ l S . Jg f , I J !A f f a. i !".§ : A ,,-..... ' '• ,· . ' . .. ,-. ...._., . '"T1 i I ~ ~ ! § ffl ~ - -I -...... ~ m ~ i CJ' ~ . ·-.,~ ' ( 11/10/2004 17:00 #959 P ,004/007 (c) 1bc ROI pl)'able under die Lelle bas been paid iD full mr the cadre 1erm oflbcLcue; (d) The "Pukiq ImpoMIIIIDII" (• 1UCb 11nD II cleflDed In Ille !MR) baff bem COllltruaed in acoordlllCC wl1b the llnlll of die Lelle; IDd (e) Landlord has all rcquilits poww and audlority to exec= and deliver dill Agreement. 4. fcmppp and Mmnnmb g( JedJonl LandJord hnby oovemnts 10 IDd qreel with md tbr 1h1 benefit oflAndcr U follows: (1) The Lase shall not be amended da tbe dam of Chia Ap'ocmcDl wi1hout Leder'• prior wrlUln CCllllllt; and (b) In lbc CYlnl of lllY tlnmllllioll of die I.cue ~ wilboul llmilarion. 111:y tennlnadon ~ lo the Podcnl Bmkaiii*Y Codi). (i) Lender aball have 1be ript to f9ClUd lllll LIDdlanl lllllf i. a -leae aar-at with Leader or its claipN widlia OM bulldNd eialllY (llO) days after 1hl date oa which Leder rcoeiwl MilllD IMltice of the 1111rmination of die Leue, and (ll) Landlord and IAnder (or 111 dellpel) sball enter Imo lllCb -lcalc lpCCIDd OD 1M -tll1IIS and conditiom Uthe 1.-. M mod.iW by 1h11 ~ wltbiD diirty (30) days afta Landlord ncelva Lender'• Nq\1111; ,. ~. All notlca be pvea lllldcr tllil A&IWll*d (mil ... Ibo LclN 1IO Lend«) lblll be in wrttina IDd llla1I be deaned 1D have been pv• Clll 11111 eartilr of(a) die clla of receipt by the lddrllloe or (b) dlr9I (3) buima days dmr depoell Ill lbl Umllll S-..U. regllteNd or certified, mum receipt Nqllcad, flrst-elau JIOICll9 prepaid, ....._. to LaadJonl or Lender u tbllow,; Landlord: City of&lpwood 1000 Eqllwood Pnway, Enpwood, Colorado IOI 10 Lender: General Electric Capital Bualnca Alsll P\llldlna CorponliaD I 0900 NE 4dl Streit. Sllill 500 Bellevue, Wuhinpla 9I004 Attn : Mlddi1 Mll'Ul Rilk/Oplndom Depll1mlm The address to which any notice or olbcr writiq must bl ... to tidNr pllty to dill ~ may be cbanpd upon wrlUa DOtice pm by IUDh party u povided above. 6. ~-In Ibo event of any conflict becweea 1111 111m1 of dua ~ 111d any of the terms of tbc Lcuc, the terms of dill AplNIDmt all aowni llld ~ 3 DALUJ,1,,'1 t .. J l>oll'-ZZZD , ' .. ·' • • t 1/10/2004 17:00 1958 P .flMJJ7 7. . P'-1 w lppHd PJedtlr limy mu, ,mWoa ot1llil ~ it lield 11> be illcpl, invalid or IIDCDfbrocabll, tbe llplity, Yalidlty 11111 eaftlOOlblBty of tbe lallllniat lelml llld prvvislms ofdlu ~ 111111 DOC be l&clld tlinl,y, 11111 ID Uca of llaela llllpl, ilMJld or llllmbOilble 111m or proYiaiaa, 111n 111111 be added,. 1 1U, tD 11m A.....- a 1epJ, n1id mcl ..tn.ble term or...,,._.• llmflar • pGlllble ID 111D 1lrm or pnMlioa declared l1llpl. ~ mcl 11111111ln,wlllt. a. Oczm:mar J.n, ni. Aalwic 11111 an o111ie 1rellcdw ooa111uipllr,ed IMrlln mil be pemed by and CCIIIICnaocl 1a ......... wllla 1111 laws ofdlt s.. ofColondo. 9. Cpfgpp 'Ille capdcm ...... llllnld ca1y b OC111VC111mc.e of rdnace llld la no way ddne, limit, or dllCrtlle 1be ICClpl or ._ of du ~ or any )llltlmllr Plnlll'lllll or ICCdoa oftldl A111 •at. ar1111 prap1r OCllllrUallaa of1ldl.Aar int 10. Stmerr w wm 11m A..-.a 11111n 1o 1111 11w& at 11111 be bindiq 111111111bt plltile10 dlis A....-11111 tbelrlllplCllvt lilin.111Gc1•cn •llllps. mCtJTm>, ACDOWLIDGD AND IIIILl'YaD 111 1be dall tint above wrlttea. W!PJOPP: ly. 1rillt ~u9la• Garrett Ill: yor ATTEST: Loucriahia A. Ellis, City Clerk ~MIIIM IM16-ma 4 (J 11/23/2004 12:2'2 ~ P .OO'l/OOl 9818"4 . AP AR.qEL OF LAND LOCATED IN TH! SOUTHWEST QUARTER. (SW Y.) OF SECTION 34, TOWNSHIP 4 SOUTH. RANGE 68 .WBSI' OF THE 6nc PlUNClPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO, MORE P AR.TICULA.RLY DESCRIB!D AS POU.OWS: COMMENCJNO AT THE NOR.MAST CORNER OF THE SE y~ SW y., SW y. OF SAID SECTION 34; THENCE N 77°30'51" E 272.09 PBET TO THE TllUE POINT OF BEG.INNING, SAID POINT BEING ON THI SOU'IH SIDE OP WEST GIRARD A VBNUE AS D!.1'!?-~ :2Y '!'HE GIRARD PLACE SUBDMSION (RECEPTION NO. 2776667); THENCE ALONG THE SAID soum LINE OP WEST GillA1U) A VENUE N 89°50'22" W 534.06 FEET; THENCE ALONG TH! AAC OF A NON-TANGENT CURVE TO nm RIGHT HA YING A RADnJS OF 175.00 FEET, A CENTRAL ANGLE OF 38°46'3T, A LENGTH OF 118 .44FEET ANDACHOIU>BEARINGN70o00'07"B ll6.l9P!ETT0AP0INTONTHE SOUTH LINE OF nlE VACATION ImE fOll WEST GIRARD AVENUE (RECEPTION NO . 2939714); THENCE S 89°50 '22" E 92.53 PEET ALONG THE SAID SOUTH LINE; ra:ENCE AI.ONO THE ARC OF A CUR.VE TO raB U!FT HA VINO A R.ADlUS OF 18i .S0 FEET, A CBNI'R.AL ANGLB OP 14°42' U", A LENGTH Of 46J8 PEBT AND A CHORD BEAR.ING N 82°'8'31" E 4~US FEET TO A POOO OF REVERSE CURVATURE; THENCB ALONG nic ARC OF A REVERSE CUllVE HAVING A IW)lUS OF 21 ll.SO FEET, A CENTRAL ANGLE OF 7°'9' ll", A LENGTH OF 30 .46 FEET AND A CHORD BE.A1UNG N 7907.7'00" E 30.43 FEET TO A POJNI' ON nm NORTH LINE OP WEST GIRARD A VENUE AS DEF1NED BY THE GIRARD PLAC! SUBDMSJON (RECEPTION NO. 2776667); THENCE S 19°50'22" E 302.87 FBE'I' ALONG 1lD! NOlltB LINE OF SAlD WEST Gm.ARD AVENUE; THENCE ALONG THE ARC Of A NON-TANGENT CUllV! TO TIIE RIGHT HA VlNG A RADIUS OF 20.00 P!ET, A CENTRAL ANGLE OF 61°30'10", A LENGTH OF 21 .47 FEET AND A CHORD BEARINGS 34~'33" W 20.45 FEET; THENCE S 65°09'36" W 20 .00 FEET ; THENCE ALONG THE ARC OF A CUllVE TO THE LEFT HA VlNG A ltADIUS OF 29.00 FEET, A CBNmAL ANOLB OP 65•00 '00", A LENGTH OP 32 .90 FEET AND A CHORD BBAR.ING S 32°39 '38" W 31.16 FEBT TO THE TllUB POINT OF BEGINNING. D.\LI.U4 ''" IM ll01"2DZ3 ... .. ' • • -· w IIICINITY MAP N.I.S. . . LOT 1 BLOCK 1 GIRARD PLACE SUBOI\IISION RECEPllON NO. II011594 .. ·• • • • .. .;... . • .. .. . . •. I . ., . • • . .. . "-...... ·. \, . . ·. ; . "",. ..i • . ... . ' . '• ... .. ... ~ PHAR MOR PARKING LOT McKINLEY'S SUBDIVISIO ,o I on I ~ IICCEPIION f , A70'9491 2N FILING .., NOTTO SCALE I L ~-s;. • BAS,S Of PEAB!t -~--...0 0 •• 1/4 5a If• SlC: l4 A 2" AUal. CAP l S :r ' LS. 13al (SllU1H) •• • tlQ ['Mlfl\ 5'-.0 (W ' tE- ( SERIES OF 2004 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR. 200S BY TffE rt'lililillf"f!!I~.,. ENGLEWOOD , COLORADO . WHEREAS , the City Council of the City of Englewood, Colorado discussed the appropriations to other agencies for the year 200S at the Study Session on December 13, 2004 ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : ~-The following designations are hereby made to tbe appropriations in tbe 200S Budget of tbe City of Englewood, Colorado for aid to other agencies ; SOURCE OF FUNDS : Total 200S Budget for Aid to other Agencies $32,000 .00 DESIGNATIONS FOR USE : Metropolitan Mayon and Commissioners Youth Award Court House Inc . Doctor's Care EHS After Prom Food Bank of the Rockies Hospice of Denver Special Olympics Program GateWay Battered Women's Shelter Inter-Faith Task Force Up Close and Musical Arapahoe Philharmonic Englewood Cultural Arts Center Assoc , Town of Littleton Cares/Meals on Wheels Discretionary Total S S00 .00 S 1,000.00 S 1,000.00 S S00.00 S 2,000.00 S 1,000.00 S 1,000.00 S 1,000.00 SlS,000.00 S 3,000 .00 S S00.00 S S00 .00 S 4,000.00 S 1,000.00 $32,000 .00 ADOPTED AN D APPROVED this 20th day of December, 2004. ATTEST Douglas Garren , Mayo r Lo ucri shia A. Ell is. City Clerk I. Loucris hia A. Ell is, City Clerk for th e City of Englewood , Colorado , hereby certify the above 1s a tru e copy of Reso luti on o. __ , Series of 2004 . Louc ri shia A. Elli s. City Clerk (- AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 20, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 I . Call to order. 2. 3 . 4 . Invocation. ~ Pledge of Allegiance . ~ Rolf Call .• t1J/'7 ~ ( 5. Consideration of Minutes of Previous Session. /JV . ~ :0 Minote, from d,e ReguS, Oty Council meetin1 of Dec=be< 6, 2004. ~ 6 . Recognition of Scheduled Public Comment (Please limit your presentation to ten minutes.) a. Police Officer Nancy Peterson will advise City Council that the City of Englewood has received an award from the National Association ofTown Watch for -outstanding Participation-in the 2004 National Night Out events . b . Members of the Keep Englewood Beautiful Commission will present the 2004 Holiday Lighting -,.....,--,11,;wards . Ch ew, E(1glewood b~siness owner, will address City Council regarding business 7. Recognition of Unsc he duled Public Comment. (Please limit your presentation to five minutes. lime for unscheduled public comment ma):'._be limited to 45 minutes and if limited shall be continued to General Discussion .) Please no1e : If you have a disability and need auKiliary aids or services, please notify the City of Enatewood (30 3 ·76 2-2 405) at least 48 hours in advance of when services are needed. Think Englew ood Ci ty Counci l Age nda Decemb e r 2 0, 2004 Page2 8 . Communications, Proclamations, and Appointments. II M~ A letter frort)R?n J3o~da a'!.nouncing his resignation from the Englewood Housing Jif)!_/j . Authority. (J~ ti/lJJP~ ()JV-0 r;:o A letter from Patricia Mueller announcing her resignation from the Englewood Planning and Zoning Commission effective December 30, 2004. ~ fJkhr}Agenda Items. ~ 9( / ;J.; .µ/ -r Iv ""'a.. Approval of Ordinances on First Reading. b. c . i. Council Bill No 6' · Recommendation from the Department of Public Works to adopt a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement with Englewood Schools for the provision of fleet maintenance. STAFF SOURCE: Jim Kavinsky, OperatioM Manager. ii. Council Bill No. 65 · Recommendation from the Department of Public Works to aoopi a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement with th e City of Sheridan for the provision of fleet maintenance. STAFF SOURCE: Jim Kavlnsky, OperatioM MMager. iii. Council Bill Nn 67 · Recommendation from the Department of Public Works to 'aclopt a bill for an ordinance amending Tide 12-8-12, Subsection F, to clarify the •opt-out" provisions of the Concrete Utility Ordinance. STAFF SOUia: Rick Kahm, Director of Public Worb. iv. Council Bill No 6IJ · Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Denve r Region al Council of Governments regarding the FY04 Miscellaneous Equipm ent Purchase Program . STAFF SOURCE: Rid Kahm, Director of Public Works. Ap~ Ordinances o n Second Readi ng. Reso lutions an · . Recommenda tion from the D epartment of Pu blic W orks to ap prove a,JDWisul extending th e Intergo vernmen tal A greement with the City of Cherry H ills Village for th e p rovisio n of fl ee t m aintenance, and adju sting Englewood's hourly rate for fl ee t mai ntena nce services fo r 2005. STAFF SOURCE: Jim Kninllcy, Operations Manilger. Plea e note : If you have a di sability and need ;iuxibry .»ek or servicl'S, ple.ise nohfy the City .:>f Eflllewood (303·7 62·2405) a t least 48 hours in lldvance of when seMCes .ve needed. 1hilnk ·~ ·"' f• .. ' • • ( ( Engl ewood City Council Agenda December 20, 2004 Page 3 10. 11. ii. Recommendation from the Department of Public Works to approve a motion extending the agreement with the Englewood Lions Club for the provision oT maintenance of the Englewood Lions Club Miniature Train, and adjusting Englewood's hourly rate for maintenance services for 2005. STAFF SOURCE: Jim Kavinsky, Operations Manager. Mlle Hea,lng llem,. °l/.1; ~~/ff a. Council Bill No. 31 authorizing an #Exchange Diana & Leigh Bray and the City of Englewo Logan Park along the City Ditch a. Mayor's Choice. Council Member's Choice. 1{J ~ lo resch le the Regular f:ity Council Meeting of January 3 to Janua 10,200s. I?;;/,!'/ ( ~ oF;lion lo appm,e 2005 A~ lo Othe, Agencie Please note : If you have a disability and need au x,hary aids Of services, please notify the City of Englewood (303-7 62 -2405) at least 48 hours in advance of when services are needed. Thank ' ., .. • • Eng lewood City Council Agenda December 20, 2004 Page 4 13. City Manager's Report. 14. City Attorney's Report Adjournment { J n 15. The following minutes were transmitted to City Coul\dl between December 3 and December 16, 2004. • Cultural Arts Commission meeting of.November 3, 2004. ' • Plaming & Zoning C011111.!~ meeting of November 16, 2004. • Transportation Advisory Committee meeting of November 18, 2004. Please note : If you have a disability and need aulliliary aids or services. please nolify lhe City of Enatewoocl (303-762 -2405) at le.m 48 hours in advance of when services are needed. lhauk ·• -- • • --%-. •· • -·- • . ~ .......... , / I Lj -·------- 1. 2. 3. 4. Invocation Roll call 1 ·• • • present 5 . , ~minutes CC f!ffd11J ~mo COUNCIL • MNling . WOllling nolel • ~ ..... , i I I t I l ; :;:;,.,-' absent !. I •· •