Loading...
HomeMy WebLinkAbout2002-11-04 (Regular) Meeting Agenda Packet) 0 ·• • • • . . , .. ... ... · ..... ,· 1 .,. . • . , Regular City Council Meeting November 4, 2002 •, . ORD/I~~ Y,.)fr. ')Y./. 59, 60, 61, 62, 63, 64, 65 RES0/~97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107 .. . . . . •'?;iA' •.. . . ,, ' .. ·~ . . • \. ' •' 0 •• . " • .I-, •· • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Resatar Sellioa NO¥ember 4, 2002 I. Call to Order The regular meeting of the Englewood City Council wu called to order by Mayor Bndlbaw at 7 :30 p .m 2 . lavoatloa The invocation was &ivcn by Council Member Nabbolz. 3 . Pledae or Allepaace The Pledge of Allcgiaace was led by Mayor Bndlbaw. 4. Roll Call Present : Ablcnt: A qllOIUDI WU prelClll. Council Memben Nabbolz, Onzulis, Garrett, Wololya, Yurcbick, Bndlbaw Council Member Moore Abo praent: City MA..,. Sean S. Miautes City Alllllmy 8mmma Aaais1aat City Ma.pr Flabcny City Clerk Ellia Senior Plrm l.aaaon, c-mity Dnelopmmil Dim:lor R-. Public Wada DirectGr oi-, Sa&,ty Servica Dim:tor Grya)ewicz, Fiaace and Admiailtntive Servica Dim:IOr Lona. Lilnry Dim:tor Fonda, Utilities (a) COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS UCONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOUR JI, 2N2. Vote results: Ayes: Na ys : Abslaia: Ablcnt : Mooon earned. Council Memben Garrett. Woloaya. Gnmlia, Bndlllaw None Council Mamen Nabbolz, Yurcbict Council~ Moore En1lewood City Council November 4, 2002 Pagel There were no scheduled visitors . 7. Unscheduled Vlslton (a) Daniel Nival, 3440 South Sherman Street, stated he bad been informed earlier today that there was going to be a meeting held about the number 12 bus route. Unfortunately, be said, from what I 'vc just been told, that meeting took place at 6 p.m. It is in relation to RTD moving the route off of Sherman Street to Lincoln Street. Several homcowncn and I, who all live on that street, requested this three years ago. Now we have been told that there arc folks who do not want it moved and they have petitioned RTD to not change the route. We have worked three years, be said, and we live oa Sherman Street and Girard and we have asked the City to get involved. We also uked RTD to talk to the City about moving this route. It sounds to me like RTD wanted to do it and now, all of a sudden, there are people who arc against it. Like I said, we were notified only on Friday and we were told today, by lODJCODC from the City, that the meeting would be at 7:30 p.m and unfortunately it sounds like it wu at 6 p .m Mayor Bradshaw advised that that was a Study Seuion at 6 p.m Mr. Nival stated that be bad been informed that there waa supposed to be a fomal meeting about this route. We do not want them to not move the route at this time. We bad propoeed that they move it IO Lincoln during night hours, which is a commercial area, u oppc-i to wbcrc we live, which is residential. It bas been rezoned and there arc 10 homeowners there u well u On:bard Place. We would like to have RTD move the route as they had intended to move it. Although our initial request wu that RTD nm tbe bus route during the day-time, normally, up Sherman Street, but u of 5:00 p.m. when Malley Center cloles down, that they then start running the bus up Lincoln Street until eigbl o'clock the next lllOfflina. That wu our initial proposal we gave to them and to the City. ACCCJldiaa to what I found out today, RTD propolCd that they stri ctly put it all on Lincoln Street all day Joaa. The rcuoa we coq,lain about tbia, ii that liom 5 o'clock to 5 o ·c1 ock the next day, every 15 minutes, there is a bus that SCJCS by there, -soma one direction and then 1 5 nunutes later, one going the other direction. The number 12 and number 27 at nip! both share that str ce 1. The decimal level of the vehicles that go by there arc eoouab to rock the house because they are diesel. We don't mind in the daytime, because most ofus are not there, bur we sure do mind it at night. We have helicopters that go over our house for Swedish Medical Center. We don't have a problem with them as they arc not every 15 minutes. We have a problem with tbe buses comma by every 15 minutes. We have even uked tbma to back it olfbccaule we clicl-own laYCY and found that very few customers wcie on those buses and they were getting OD at one stop that was oa that street. 11lcre wu no one getting on in the evenings, so we asked them to just move it uound the~. which is abold 50 feet from where it currently iJ and continue to go straigbl. I don't know what the City's beckina is OD this, he said . We were told two years ago, that the City was considering usina elec1ric buses in town, which would be rooch quieter . That fell by the wayside . I haven't beard anything back OD the electric buses, because they said maybe they could pick up electric buses through that area. So, we have beard nocbing from the City and nothing from RTD for almost a year and then we were just informed about this meeting on Friday and then the time today. He thanked Council . (b) Eugene Norman. 4840 South Huron, said humans have evolved to the point of destruction or salvation. We may achieve either direction, but salvation requires that we 10 beyond our stone-age mentality. That blindness that is caused by greed, hypocrisy and the urge for power edaibited by our so-called leaders . We have alternatives but those alternatives require fut action. The lawa of the market place must bow to the laws of humanity . Surely, he said, my voice iJ not an isolated cry for justice and samty directed at those who wield power. I can present you with endless new ideas, but if any one of those ideas 1s not 1DCorporated into group action. then I may as well be speaking to the wind. As leaden, you do not allow for creativity. You atunt yourwlves in -ways . My c:cx.tillllioaal ripll have been abrogated time after time . We need to form a new govenunrnt ror our o-mnvival • bmmm. Join me , evolutions. Your medical system. •Iona with evcrylbina elle iJ close to self-destruction. and is nm by sadists hose masochi tic tendencies have taken over. Fifty a111m bombs, nae po-1111 tlllD the H1rosluma one , in our o"''D backyard. and it is not hnltby, nor is ii inlelligelll. If you~ )'IIUIIClves f ' . t .. .' • • Enpewood City Council November 4, 2002 Pa1eJ patriotic, you 'II join me . If wc are in to control, then begin by controlling yourselves. The 350 billion dollan used for home defense will probably end by being used against us. As bas consistently happened in the past. That same amount, used for peace, can create friends of those who are now enemies. Once a society has succeeded in molding the character structure of the average penon in such a way that be likes to do what he has to do, be is satisfied with the very conditions that society iq,oses on him. A bureaucracy. When man is transformed into a thing, managed like a thing, his managers themselves, become things, and things have no will, no vision. With the bureaucratic management of people, the democratic process becomes transformed into a ritual and absurdity . Join me, he said, let's form a new government bued on true democracy and not on the plutocracy we have now . BUib was not elected by the people and hia base is big money . Let's grow up u a nation. Vote yea or no on the ideas, not the so-called representative wbo only represents himself, most of the time. The BUib dynuty needs ID be CODIIOUed for our well being u a nation. An imperial presidency, with a power co~lex, is the Jut thing America needs in its boob. Diplomacy is a nwst. The 3SO billion dollan could easily be spent on inore intelligent, present action. Megalomania is not my bag, but I strangely augest you follow my lead. Mediation is in order. I have a very queasy feeling as to the physiological view, the rest of the world views us in. Quick action relative to me is essential. It's quite obvious, we are akatina at the edae of the mother and father of all wus, unless we change. Grace, an unmerited gift from God. America has weapons of mus destruction. I suageat strongly that we dismantle them and give the U1DI deaJen I vacation. China ma weapona of mus destruction and so does Israel, India, Pakistan, Ruuia and others. We IDIII convince them we will put our toys away and that it will be I<' their advantaae ID do the same ... anice. Capitalism, C011111111U11D and socialism may thrive together 1f done properly ID the advantaae of all, beyond paranoia. Priorities and creativity must go beyond oil and atomic energies in near apace time. Quite fiankly, the prevailiDa mood among our leaders is disturbingly familiar . It is tbe-llDIC mentality that iqed the deltruction of Native Americans for the purpose of-tcbing their land, and justified the rape of Afnca, in anler ID aalave blacks, and II this very moment. it is.detaoyina its yuudi in drua wan. A pervadiDa nde lllllllality and quite unhealthy, caveat and poor, may the buyer beware. True Cbriltiam will always seek Ii --violent way out of a potential acrinm&e-A preeu4*d llrib nma c:omeer ID bod! Cliriatilll and llman ideals. Mayor Bradshaw thanked Mr. Norman. 8. Commuakatlom, Proda-doal aacl Appela._.. (a) ,A letter from Ronald H . Filb indicatina his resipation from the Keep Eqlewoocl Beautiful Commission wu considered. COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO ACCEPI', WITH REGRET. THE RESIGNATION OF RONALD H. nsH FROM THE KEEP ENGU:WOOD BEAUTIFUL COMMISSION. Ayes : Nays : Absent: Motion carried. 9. hblk HnriJI& Council Members Nabholz, Garrett. Wololyn. Yun:hick. Grazulis, Bradshaw None Council Member Moore (a) Mayor Bradshaw adviled dat this is I public bearilta ID plber citma ilpul cm Couacil 8111 No. S4 , approving thr University Homes Planned Ullit Developmenl. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO OnN A PV8UC HEARING TO GATHER cmZEN INPUT ON COUNCO. ...... NO. 54, APPROVING TD UNIVERSITY HOMES PLANNED UNIT DIVl:LOPMENT. Ayn: C-il Members NabWz, 0arna. Wololya. Ymcact, On1111i1, Bndsllaw • En1tewood City Council November 4, 2002 Pa1e4 Nays : None Absent: Council Member Moore Motion carried and the Public Hearing opened . All witnesses were duly sworn . Senior Planner Langon said for your consideration tonight is Council Bill No. 54, a request by applicant David DiPane, for a rezoning from R-1-A to PUD for University Homes Planned Unit Development, at 3055 South University Boulevud. This request is to allow development of four single-family building sites . I'd like to submit, for the record, certification of posting of this Public Hearing, Proof of Publication that this hearing was published in the Englewood Herald on October 11, 2002 and also I have submitted to the Clerk a letter dated September 4, 2002 from Mr. George Bodley. She explained that the letter wu submitted after the close of the Planning and Zoning Commisaion Public Hearing. The C1crlt bas those, she said, and if Council would like to sec copies of those at this time, 'ft can distribute them. [Clerk 's note : Council indicated they did not need to see the copies at this time .] Ms . Langon said this hearing is for the Planned Unit Dcvelopmml, wbic:h allblisba a new zoae district and associated standuds for that district. Also, associated with this property, will be a request for a najor subdivision that will be coming after the Planned Unit Development. If the Piu-d Unit Development, which establishes the zone district and the requirements, is approved, then a najor IUbdivilion ,, which actually divides the property, will be considered . The recommendation from staff is IO approve the PUD with two conditions. First, that a Homeownen Association be formod and doc:umeala pcnainiaa IO the Association be filed against all properties with the Arapaooe County C1crlt and lbal a copy oftbal Homeowners Association document be provided 10 the City. Sbe explained 11111 die .-before CGunciL for the PUD. is to decide if the propoaed land 111e is the appropriale land uae, and a11o. lbs the PUD meet the District and Sile Plan requiremenll required in lhe PUD ardinuce. The PUD is a t-,.n pn,ccu. First, is a District Plan. which ICtl the zone dislrict replaaiom and die lleCoad is a Sile Pim• allblisbn the site dcsian. Per the ordinance, tbete two processa can be c:ombiad, u dley ue beilll lOllipl. The issue is not one of design. or color or ucbileeture, she said, this is the emblisbmem of a ZIDIIC disaric:t. The property of the proposed PUD is in the extreme northeast porlioD of the City, llplllOXilmlely al EIII Dartmouth and South Univasity Boulevard. PIOperty 10 the IOUdtand wat is mad R-1-A and is iD the City of Englewood. PIOperty 10 the nortb and CUI is in the City and COllllly of Denver and_... R-1, a zone district similar to our R-1-C district. The 1i1e, cunendy, is mad R-1-A. Sinpe,-Family Raidellce District and it is just over an acre in uu. Refenina Council to the Site Plam, Ma. J..aasclll mlllld lbal tal'C is kind of a major body of the property that is appnwmalely .88 acres and that is the subject of the PUD . lkre is also, she said, what we refer to as a flqpole, wbicb extends from the najor body of the property southward to East Dartmouth Avenue , and that llaa,ole is DOI pan of die PUD. That will be pan of die subdi vision and the reason that tbete two processes ue on two differeal pnipenia, is so dlla die llqpolc will remain R-1-A. The~ of that is so that once it is subdivided. if the PUD ii approved and the subdi vision approved, that property can then be sold 10 the adjacC1II church. So apia. Ille said, the llaple is not part of the PUD. The PUD will rezone the site. It will serve to unify the land de,,elopoa• COllllols and 11 also l'Stablishes the zoning and Site Plan criteria spcciflC to die PUD. It abo allowl for developmnll fl e xibilit y 1ha1 isn ·1 necessarily available tlvouJh the elUllina ZOOU11 llalldarda. The ialelll of the Pia-ct Unil of the Uni \'ersity Homes Planned Unit Devclopmmt. is IO develop four •inale-family Iola widl acceu off South University Boulevard. by a private drive . This 1i1e could be developed by two .....,._ It could be JUSt de vl'lopcd as one lot. as a suiate-family loc under the R-1-A IIIDdanls or it could be aubdivided aml deve loped as two lots. bul those lots would be approxtnately 2)5 (DOI deep off of Soulll Ullivenity Boull'vard. wlu ch 1s basicall y double the typJCal loc tn that-· Ally VacaM land ID die City of~ 1 , rea ll y. ,·ac ant for one of 1,11·0 reuom. Ettber the propeny o-. 1ft boldma Oii lO die lad or dllle 1ft development constraints on the property. That is the caae in this ailuabon. TIie loc me is -~ meaning tbal it bas to be subdivided and really could only be developed uader die R-1-A ........ • - 101 or two reall y deep lots. She advllCd that Deaver midents IO die_. lave oppmecl aay de,,eh 5 that IS anything other than sinJle-f1m1l y and prcvlOUI lllfflll* IO _...top de property lave faded. 11-e • • • • • Englewood City Council Nonmber 4, 2002 Page5 attempts have included an assisted living facility, a church and a school . Utility service bas also been a major issue. City services are all the way over to East Dartmouth and East Dartmouth Circle. The neighborhood meeting, as required per the PUD ordinance, was conducted on August 22, 2001 and nine Englewood and Denver residents attended. Key concerns at that meeting were the residential use and also drainage. The proposed PUD was reviewed by the Development Review Team and the Planning and Zoning Commission conducted a Public Hearing on August 2011o. At that time, they continued the hearing to September 4111 to allow staff time to address some drainage issues and provide information back to the Corrmission. On September 4111 they approved the PUD with two conditions and an additional condition regarding drainage. The applicant bas met that condition and therefore, what's being proposed tonight is just the two conditions regarding the Homeowners Association. The use is proposed to be single-family residence only, with attached garages. They also have accessory uses and they are requesting home occupations for limited office use of auxiliary to an off-site business. The use and the accessory uses are compatible with the surrounding district, both Englewood and Denver. Lot areas are proposed to be about 6700 feet for the smallest lot and 8400 square feet for the largest lot. She noted the Department considers this to be a reasonable range of lot sizes considering the depth of the lot. To be able to get four lots on this property, they have to be somewhat smaller lots along with the fact that the right-of-way needs to be dedicated and there is also the private drive that reduces the available lot area . The Denver lots to the north are approximately 7000 square feet, she said, so considering that and the fact that the two Englewood lots ... on adjacent properties, which are the Church and the Brown manaion property, are non-residential uses, and this proposal is something similar to the Denver requiremenlS. She adviled that in our zoning ordinance, we have what are called set-backs, which are the distances from building to property line. Because of the shape of the property and so that there is no confusion u to which side of the property is the front or a side, the applicant bu proposed a building envelope and that's the area in which developmcm can occur. What they are proposing, is that approximately 42 percent of the lot area can be developed. That does not mean that the full 42 percent will be developed, but that is what the envelope coven. Thal'• fairly coq,arable to the 40 percent that is allowed currently in the R-1-A. The applicaal also propolCS a heipl of 32 feet, which is designed to NCommodate a two story and pitched roof. CUnently in R-1-A, beipt is limited to 2S feet and within Denver the height is allowed to go up to 30 feet on loll that are 11 leut SO foot wide . The adjacent lots are 60 feet. Those houses, though they are not 11 30 feet cuneady, they do have the development potential to go beyond the 30 feet. At the neighborhood meetma, there were concerns regarding drainage that was discussed extensively 11 the Planning and l.oaina Commission meetin& and the Drainage Study was again reviewed. The Drainage Study wu submitted u pan of the PUD . Public Works reviewed it a second time and there wu a memo from Director Rou included in tbia ewoinp packet. Director Ross is also available. she said. if there are any additional questiona. The clrainqe ci.-1 lip on the nonh side of the drainage channel bu been raised per the requiremenl from the Plannina and Zoaina Conunission. Again access is via a private drive, which will be maintained by the H-wnen Association . That drive is not to be dedicated to the City, the reason being that the drive is noc to City standards, width . Each propcny must have a minimum or four parttin& spaces. widi a minimum of two of those spaces being within the attached garage . There are ai.o three dcsipatcd patltina spaces on the north side of the pri vate drive and two designated in the snow storage area, when it is nol being used for lllllrqe . This actually excttds the requirements for parking in the R-1-A . Reprdina landscaping, she said, Lola I through 4 will comply with the ordinance and public right-of-way u per the plan u reviewed by Public Works . This is comparable to our existing standards . The applicant is also requesting I screenina wall along South University Boulevard ... this is an 8 foot hi&h wall . Cumntly, in R-1-A, the maximlm height is 6 foot. however, considering the location and the desire to mitigate traffic noilC and to provide privacy, g foot 1s not an unreasonable request. Utilities, u I've said, baa always been an issue on tbia property. In regard to the water and sewer, she said. the applicant bu worked out qreeme1111 and the Waler and Sewer Board has reviewed the agreements . and if all is well, it will won out that the applicant will be able to re ct'ivt' Dem·t'r water through a main in South University Boulevard, dtroup 1111 IGA, and aewcr service through Mt'tro Wastewater in a line also through South Univcnity. Thia will uve comma from Eut Dartmouth or East Dartmouth Circle up through the flaapole and then to the pn,pertiea. TheR is«-other 1 sue , she said. Currently, the power for the Korean E-1 Methoditt ChuKb, wllicb is IOUlh of the propeny. comr from a lint' that crosses the developmmt. There is no reconied _. for that line and 1he applicant proposes 10 underllfOUl'd that linl-1brou1h his property dtroup an -.nmt. She explained .,.. .. .•. t .. : • • • En&lewood City Council November 4, 2002 Page6 that who pays, or how that is organized, is a civil issue that needs to be discussed between the two property owners. Also within our review, she said, we required infrastructure phasing. Phase I will be major services, such as the private drive, the curb, gutter and the right-of-way improvements. Those arc all required before any building permit is issued . Phase 2 will be lesser items that will be required before a CO for any structure will be issued. Those arc the screening wall and then the fence type issues . The District Plan and the Site Plan arc consistent with PUD requirements. All materials have been submitted. The plan is also consistent with the intent of the Comprehensive Plan, which states that in the residential districts, cffons should be made to encourage flexibility to permit innovative design and development and better use ofland. Because of the property history, and the neighbors desire for single-family, Conummity Development staff feels that this is a solid development that will enhance the City. Therefore, she said, we recommend the two conditions: that the Homeowners Association be formed to address the maintcnancc issues and that document be tiled against all properties with Arapahoe County and that a recorded copy of the Homeowners Association document be provided to the City. Ms. Langon said if there arc any questions I would be glad lo answer them. Mayor Bradshaw asked it there were any questions . There were none. Peter D. Pappas, Pappas Architecture, LLC, 2422 South Downing Strcct, Denver, said I am happy to be here tonight represcntillg David DiPane, the owner of the property in question this evening. Mr. DiPane is here also, and if there arc any questions, either Mr. DiPane or I can answer, we will be very happy to answer those questions . Before the Planning Commiasion several weeks ago, be said, I managed to speak for about an hour and a half on this. I'm going to try to do a little better than that tonight, and give you a brief synopsis of this project. In doing so, I think I will end up having to leave some important issues out. I' II try not to miss them, but if there are any that I can go deeper into, I certainly will be happy to do that. Again. as Ms. Langon indicated.. this property located at the eX1mnc nortbeut ponion of Enalewood, is to the north and behind the Korean Ennanuel Metbodist Church and to the cut of the Brown 1m111ion. As many of you may recall. this piece of property has had a varied bislory. The Brown aamion was relocated to its present location in about 1983 from lhc cxtmne comer of Dartmouth and Uaivcnity. The cbun:h was then buih, thus leaving this small portion of property between the City of Denver and the Koran CblD'Ch. Many a~ have been made to develop this under the R-1-A zone diltrictina, u Ms . Langon had indicated, by an assisted care center and a mortuary. I lave actually liwd in this neipborhood about 15 years myself, be said. allhou&h I do live in Denver, and I lave walCbed this property lit there vacant and have wondered about tbinp that could happen ID it. I CODlacled the pram owner about the property and be did buy it hued upan somr -lysis that we had done that -could build four lin&le-family homes there . Althoup. yes. we would have to do• PUD for it. We lave lpelll a1-a year and a lalf'or two years now. working with the City of Engl ewood, workina with Denver MetropolitaD Wlllewalt:r Diltrict, working with Denver Water Dq,artment, worlrina with the City of EaaJewood Utilities and Public Works and the Planning Commission and planning staff in order to try to create I PUD development that is consistent with the intent oftbc R-1-A code, altboup it may not meet the euc:t specifica~ ofan R-1 -A zone . Also, as pan of our process, as Ms . Lanaon indicated.. we did bold a neipborhood meeting in ugust of 200 I, vhich was advcnised to all the neighbors within, I believe, a thousand feet or it miaht have been 600 fe , •. I'm not sure. We did ha,·e nine members of the neipborbood show up at that meeting and we discussed t, ings with them, and ideas we have had. Sub1cquea1 ID that, there were tM> presentations before the City of Denver neipborhood poup, the Cherry Hills Vista Cammnity A sociation. which represents the bomcownen to the 111111h and the IUffllUlldina property ill Denver. There were two prNCntallons 11 their monthly meettnas. as well M. RVCllll meelinp with the directly affected homeowners to the nonh and there -five or 11x of thole . We t.ve had several meeliDp witb them 1ndl\ !dually and as a group m order IO ao o.-er OUI' plan. We t.ve had very. very p,od auppon from thole neighbors to the nonh as well u from the neapbon m Eaalewood for the project. The developmeat of the pn~ny, b«ause of the wuqut confiprarioe of 11. the dq,111 of it, would oaly lave allowed two IUJlle- fJ rruly bomtS 11,uh a foot &Olllqe oo University and it ..-W lave bffn qualt deep. We looked at avenues for m at ins a ,anani:, for Illas. or •bate,-er . Put of the problem with lhc property ii tba&, it will be m n e of SI S0.000 "'orth of 11h1111H and public unpro,·cmea11 that an ~ to nab this a tk,clQ!Mblt pu el IA partlCllbr, bnacllll se~ to die'*· whether II be 6um die Ct1y ofEl!skwood or •. -~ .. . .. ' . • t • -- Enclewood City Council November 4, 2002 Pace7 Denver Metro Wastewater, as well as bringing water 10 the site, upgrading the access and putting a sidewalk in on University, and widening University and, also , having to give right-of-way to the City of Englewood for sidewalk along there . Because of the sheer economics of it and the cost, which necessitated trying to do three or four residences there, we feel we have come up with a plan that is very acceptable within a four resident development. Mr. Pappas said he had one question he wanted to verify with Ms . Langon . I believe, he said, that Ms . Langon indicated that the width of the street was not to the City of Englewood standards. 1 believe it is and I'm just questioning that. We worked with Public Works to get the width, which they had originally said we could be 22 feet curb 10 curb. We have widened that, he noted, to 30 feet curb 10 curb with some parking, as well as sidewalks on the side. I believe one of the reasons we did not make this a City street was because ofa maintenance issue ... that the City felt with a shon srreet like that, which serves only four propenies, that the City would rather have the property owners maintain that. We have met with the Fire Depanment, Public Works, and Denver Water to verify that we do have the width in that private street necessary to serve tlfflse homes . Mayor Bradshaw asked Director Ross if he had a response to that statement. Or, she uked CoWICil, would they rather wait until his presentation is completed. Council decided to wait until Mr . Pappas bad completed his presentation. Mr . Pappas said that was fine with him. Mr. Pappas said one of the major issues of the site is also the drainage of the site . The mansion propeny to the west has a parking lot that historically flows across our site, along a swale towards University Boulevard. One of the key design features of our plan, he said, is to carry that historical flow from the mansion propeny in a channel that runs to the nonh along our west property line and then cut along our nonh propeny line . This channel is roughly a foot and a half wide by a foot and a half deep. It bas a six inch high lip on the nonh side to protect the propenies to the north, as was requested by the neighbors. It is designed through our park engineering consultants. It is consistent with the fmal drainage report and it has been reviewed and approved by the City of Englewood Public .Works Dcpanment. We believe it will handle all flow from an historic 100-year storm acrou that property. It will alao handle the nmolT and drainage from the University Homes property, so that there would be no neptive effect, in a 100-year storm, on any other propcnies adjacent to our propeny. Among the issues that we are uking for some relief from the R-1-A zone , are the set backs which Ms . Langon indicated before. We have created building envelopes that the bu ildings may sit in. The set backs for these building envelopes are actually larger than are normally required by the City of Englewood R-1-A zone . The buildin& envelope is just that, a place where a building could go . It is larger than the actual 42 percent buildin& coverage that our District Plan allows. but it is set that way so a house could be set some place in that envelope, it would not necessarily fill up that envelope. Our landscape requirements are alao quoccd OD our District Plan, so that our landscape complies with the City of Englewood landscape requimnents. We are creatina a cul-de-sac , whi ch will have three parking places on the nonh side of the access road, u well u a tum-around. We call th e private drive an outlot. It is part of the PUD, but it will be owned by the Homeowners Auociation, who own th e four houses and will be maintained b~· them. Trash pickup and snow removal will be under th e Home owners cove nants, as we ll as maintenanc e of the cul-de-sac and the road . In order to screen the house s fr om tr affi c noi se , we arc proposing to construct a screen wall on the cast property line , on the west si de of Unive rsit y Boul evard , wh ich you will sec in our drawing here . We have also provided landscape in the rig ht -of-way. This will all be owned by the City, but maintained by the Homeowners Association, in accordanc e with our Dis trict Plan . The wall will be 8 feet tall along University Boulevud to help screen th e so und . noi se and sight from the traffi c on Universi ty. It also turns the comer towud the west. a dis tance o f about 25 feet with a shoner wall at 6 feet tall . We have propoacd 1ipage OD that wall which ident ifie s the propenies with their addresses, as well as Univenity Homes and that ii alao indicaled oa our Di stri ct Plan . We are complying with all the uses that ue allowed in the R-1-A, bul the specific portion of th is PUD is that the PUD onl y allows single-family residences on this property. lfthia property were to rema in R-1-A, it would be concl.'iv able that the church could expand into this area ud build some kind of a class room bu ilding or other church use building. There are ocher uses in the R-1 -A tbal would be allowed here . With our PUD we are onl y allowing the single-family residence and we are eiu:ludina all ocher IIICS in this deve lopment. The onl y l.'llc eption we have made ts that we are makia& allowaace that a~ office can be opera ted in one of these.' ho uses . What that means is. as much u people ue dome what tilc y call t , ... • • En1lewood City Council November 4, 2002 Pa1e8 telecommuting now-a-days, someone could operate an office out of their home that is accessory to their office in downtown Denver or downtown Englewood ... that type of a thing . I think 1 'm just going to stop right there , he said, and we have some colored drawings here that may help you to undentand what we are talking about. I'm here to answer questions for you, if you have any detail you would like us to get into . Mayor Bradshaw asked if there were any questions for Mr . Pappas . Council Member Wolosyn said just the question Mr . Pappas had . Mayor Bradshaw asked Director Ross if he would respond to the question from Mr. Pappas. Director Ross said actually Ms. Langon was correct. The width of the street isn't per our design criteria in the engineering regulations, but because it was a private street, we worked with the developer and I think we have got something that more than adequately meets the needs of these residents, as well as taking care of any visitors they may have . It's 30.5 feet wide, which would allow puking on one side and the cul-de- sac is less than what we would require as well . But again, be said, because of the way they configw-ed their driveways, those two driveways at the end of the cul-de-sac act as kind of a hammer bead, so that people, if they happen to have a larger vehicle and they pull in there, would actually be able to tum around . I think it works for everybody. It doesn't require them to build a lot of extra asphalt that really isn't needed. I hope that answers your question, be said. Mayor Bradshaw asked if there were any other questions . There were none . Mayor Bradshaw thanked Director Ross. George Bodley, 2300 East Columbia Place, said I live directly behind the project in question. I testified in favor of the project previously with some reservations . However, upon hearing subsequent testimony given before the Englewood's Planning Commission, certain things came to light that now cause me to be against the project. The reason I feel the Englewood City Council should turn down the proposal is because the PUD is simply a plot plan that allows for oversized houses to be built on undersized lots. That is, houses larger and moreover taller than are presently allowed in the City of Englewood R-1-A code . I feel this excessive height, in particular, will have a very negative impact on my property . Moreover, it will negatively impact all the other neighbors immediately adjacent to the north, as well . The developer's representative . Mr. Pappas , claims the excessive height is to allow fbr attractive sloped roofs . However, the fact of the matter is, that under the Englewood Code it would actually allow for a three-story structure with a flat roof. Presently there are· no actual plans for the theoretical houses, and neither the developer nor Mr. Pappas knows exactly what will be built. Moreover, they aren't even sure who exactly will be the designers or builders. The Englewood City Council should place a higher priority on the integrity and quality of life within a given neighborhood than on a highly speculative plan from a single real estate speculator. The excessive height of the houses is a genuine and legitimate issue. While the sun in Denver 1s 80 de grees overhead at the beginning of surnrncr, it is only 30 degrees above the horizon at the beginning o f winter . As such, the ground in my back yard would be overcast and shadowed for a good part of the fall and winter. Basicall y, I don 't sec adequate safeguards within the proposal, and by the City of Englewood, wh ic h preserves the relatively high quality of life we presently enjoy in Cherry Hills Vista, where houses are tunned m height to an honest two stories . As a point of reference. my own two story, garden level, hou se as onl y 17 feet tall at the very highest point, whereas the purposed PUD would allow for houses 32 fee t m height , which is nearly double the height of not only my house, but all the rest of the residential ho me s m the surrounding area . During the previous Public Hearing , I asked if the structures could be !muted to t,. o stories . But the answer was that neither the Pbmnin& Commission nor the Building De panment 1s able to deli ne a story. The fact that the proposal asked for roofbeipts weli beyond R-1-A 25 foo t hmn . 1s thu s unacceptable . The :,roposal asks for these lar&er than the R-1 -A structures on co~ara t1 vel y small plots. lots that are smaller than the 10,000 square foot minimum required within the prese nt Engle "'ood R-1-A cock . Moreover, be pointed out. these units would be acceued by a limited hared driv e "' y with a co~rattvely diminuti,•e cul-de-sac . Apin, it is necessary to point out tbat, in pate o the pla n. the own;e r IS unc ertain what be ,-i ll actually do with the property. In previous tntimony f' t .. .. • • En1lewood City Council November 4, 2002 Pa1e9 before the Planning Board, be indicated that be actually doesn't know who will build on the lots or for that matter, what exactly will be built. It is obvious that be is going for the larsest possible individual residential structures that can possibly be squeezed onto this imgularly lhlped pan:el. It cenainly appears to me that be holds open the possibility of marketing the entire parcel in coailination with PUD to 1011111 unknown and perhaps unsuspecting parties prior to doing any of the wort himself. This situation is a far cry from someone who is honestly trying to build a home for themselves and who needs to be cut a small amount of slack for various rcuonable and uoobtrusive reasons. Since there is no actual houae pllm at the present time, the only guarantees we residents have is the language contained within the PUD, which presently is clearly inadequate and overly generous . The City of Englewood lhould not be granting a cane blanche PUD . In order to obtain approval of the language of the documentation, he said, the working drawings for the project should indicate that the houses are actually limited to an honest two story height. This is very reuonable. For ~le. the same language that is comained in the praeut R-1-A code could easily be incorporated into the PUD . Additionally, the PUD needs to indicate that both feocin& and drainage will be consttucted at the applicant's expense and prior or in conjunction with any home construction. Now, I think that wu addressed by Ms. Langon, about the three step pbue here tonight, and I prepared my testimony in advance, so I do understand that that has been addreaaed. Durina previous public hearings, Planning Board members and Englewood drainage enginecn indicated that the drainaae situation on the parcel wu essentially very poor. It is my understanding that the pade for the prop«-1 drainage channel is only two-tenths of one percent. In other words, the dninaae channel is eumtially flat. It see1111 to me, that a more appropriate solution would be to elevate the channel at the northwest end. Presently, the height of the parcel in question, is approximately 3 feet biper than my back yard. This elevation change occurs at the property line immediately behind my fence . This is due, in pat part, to an earthen berm, which was required by the City of Englewood to protect us from the runoff calllCd by the parking lot behind the monstrous old, gray houae on Danmoulb. If it tuma out, when the actual consttuction begins, that the concrete drainage channel is in fact elevated in any sipific:alll hei&ht, that is more than 6 inches above the height of the property directly to the north, the PUD plan drawinp and language should indicate that the concrete cbannel liner will, in fact, be supponed by a maoary retaining wall or a masonry face embankment which protects the property ownen oa the north from any soil slumping, erosion or mass wasting. To coq,lete my testimony, he said, I mp the City Council to send Ibis project back to the drawing board with a recommendation that the developer come up with a plan that is genuinely in line with presently accepted R-1-A standards. · Mayor Bradshaw asked if there were any qucatiom. There were none. Mayor Bradshaw thanked Mr. Bodley. Mr . Bod~ey thanked Council for listening . Council Member Garrett asl.ed if Ms . Langon could address the "two story-32 foot heipt" question that was raised . Ms . Langon explained that the issue with a story is to define what a story is . Is a story 8 foot, is it 10 foot? Two houses could be the same height and theR mi&ht only be one story within one hoUle or the house next door could have two stories because there are two !loon. So, I would stroaaly caution apinst min& the word story to define a height. Ha vin& a limit, a number limit ... somelhin& that is definable, is fu more preferable, she said . Council Member Garrett said using a common uaaae of the word story, not puttina it inlo the Int, dal the te umony was that this could be three stories with a Oat roof. You have houles dal .-e llllill widl flat roofs on the soulhwnt comer or University and H~ and that -.Id be a com:ern, I dunk. The 32 feet, he noted , would allow that type ofstructure. He asked if there is a way we coulcl augest that it's DOC really appropriate . Enpewood City CouncU November 4, 2002 Pace 10 Ms. Langon explained that yes, it could be a three story. II could be three levels within the house, if you had 8 foot ceilings. Generally, most houses ue about a foot to two feet above grade at the first floor . Then if you add 8 more feet for the first floor, that's 10 feet and probably about a foot between floors, that's 11 feet, so u you build the house up and add floors, you could reach that 32 foot height and have, virtually, a flat roof. Member Garren stated the m:ommeodatioo to Council was baaed on using the expression "two story structure ." I think ii wu used in the conunum cation. So ifwe can't define story, bow do we set a limit. Ms. Langon said by setting the height limit. He said, but you just said, setting the heigh! limit doesn't solve the iSliue. Ms. Langon responded, no, the height limit does set the IIIIXimum beipt. Member Garrett said, you just told me you could have three stories, with a flat roof. Ma. Langon replied, right, you could fit three stories in 32 feet, that's the thing, you could have a one story house in 32 feet, you could have a two story, or a 3 story bo111C within 32 feet It depends on bow many floon you have in your bouae and the ceiling height of each of those noon. Member Garren Slated the docwnmt I received said, "the height will acc:ommodale a two story 111ucture with a pitched roof." Ms. Lanaon said ya. Mr. Garren said ifwe can't defme what a story ia tt-this ia incomct. Ms. Langon replied, yes, but what I was trying to say ia, the normal way someone would describe a house would be by stories not by height. I'm saying that within 32 feet that would accommodate two stories of 8 to 10 foot ceilings, in that range, your 1p1ee between floors and a pitched roof. Member Garren said, just so you know from my perspective, 1 think of a two story boUlc with a pitched roof ~letely different than a dlrec story bolllC with a flat roof. ljlllt think of that differmdy. Ms. Langon said ript. Mr. Garren said you pve me the ~ that that wu what we would be approving ... a two story bolllC with a piU:bed roof. But there ia notbiDa here in the PUD that bas that kind oflimitation in it. Ms. Langon said that is correct, you ue approving a beigbt limit. Council Member Wolosyn said I would say that the issue is not the number of IIOrica, it's the beipl. I think 32 feet may be exceslive. I know Englewood bas a 17 foot beipt rattictioa rigbl now, but we all think that is exceSliively low. We have leamed that that bas made it very bard to expand lrioma. So. I tllink 32 does seem excessive to me, given that even in Denver, it is 30. Mayor Bradshaw said I can only apealt from living next to a PUD in Littleton, which abuts my back yud, which was sold to the neighbors u a two-story. Then they said that didn't include the pitched roof 111d that also didn 't inclu:; the elevation of the site. Since then we IOlt our whole mounaain view . My concern is that 32 feet is 100 high, she said. Ms . Langon said that's why you want to use a number rather than atoriea. Your deacription of stories, in the siruation you just described, is exactly why you don't want to say stories. You want to bave a number, 1ha1 is a definable number. Mayor Bradshaw asked if that 32 feet included the roof. Ml. Lanaoa replied that our definitioaofbeipl ia to the highrsl point ... from grade to the bipest point. Mayor Bndabaw asked &om what poinl on the ground. Ms . Langon said on an average point •Iona the pade at the fronl of the bouae . Mayor Bndlbaw staled I do not like that. I don 't know wba1 you can do. This ia not our time for a lot of inpul, bul that 32 feet 1s very high . I know, I live riaht by ii, I see it and I don't see the l1IOWllailll every day. Mayor Bradshaw asked 1f 1hrre wen, any other questions for Ms . Laaaon. • • -. ... En&lewood City Council November 4, 2002 Pace II Mayor Bradshaw stated she thought her question was for Mr. Pappas. There is no developer, is that correct? The reason we didn't receive elevations on this, is that there is no design. Mr . Pappas replied that is correct. It is my understanding in working with Ms. Langon and the Planning Department, that we arc establishing a zone district, much like any other zone district in the City. When you establish an R-1-A or R-1-C some place in the City, you do not have architectural design guidelines with those zones. If you take another zone in the City that has vacant lots, such u R-1-A, the R-1-A just defines the district standards . On this project, Mr . DiPanc is the developer and he is the owner. As we go forward with this project, there is infrutructure that needs to be done, houses to be designed and such. Right now, the intention is for Mr. DiPanc to do that work, u you know. The reason Mr. Bodley may have asked that question is, as with any development, you must tint go through the zoning in order to have the zoning . And then you come though with a builder/developer to build the properties. Currently, with the economic climate as it is, there may be a little bit of delay. We had originally planned on starting houses immediately. There may be a delay with respect to starting those houses. At any time, things can change, but right now the intention is to go forward with it and Mr. DiPanc is the developer. Mayor Bradshaw said I understand that this is the process, but my concern is in the development, and maybe we can put this in as an addition, that we need to be mindful of the angle of the 1un and the impact on the properties on the north with the height in this project. Hu that been taken into consideration? You don't have a design yet, she said. so forget it. Mr . Pappas said he would like to make a statement to follow that a little bit. The R-1-A Single-Family Residence indicates the existing code has a 25 foot maximum building height for a principal building. I'm going to try to answer Mr . Garrett's question, be said. As Ms. Langon indicated, a single family home, u designed, typically has first floor level approximately two feet above what we call mean padc. Tbesc llita are relatively flat, so if you were at the front door of the house, where the house comes out of the gJOUDd, you would take that elevation around the house, go two feet and you would have the main floor. What we are envisioning for this nowadays is that houses of this type would have, approximately, a 9 foot ceiling height to a IO foot ceiling height on the main level. Say that is 9 feet, you would have approximately a foot for your floor to floor, so you' vc got 2 feet plus 9 feet is 11, plus I is 12 plus 8 or 9 feet on the second floor, which would bring you up to 20 or 21, and then you have a sloped roof on that house. Most houses, in Denver and in the area of Englewood, are designed with sloped roofs . It is a very popular building type, I would say . It is conceivable that with a 32 foot height, you could build three ·t1oon of 8 feet each and have a flat roof. You would have a very tall, boxy building. I don't know if you would have a building that would be anractivc and saleable, but it is conceivable that you could do that. I think if the bcipt is an issue, we would certainly be willing to consider some type of condition or something lower ... we would like to think possibly in the 30 foot range ifwe were to lower it, because of the types of projects we are doing . He noted it is difficult to describe a house as a two story house . Mr . Bodley indicated his two story garden level house is 17 feet and with a garden level , I assume the first floor is about 3 or 4 feet into the ground . You come up 8 feet from that and you have another story. That's a garden level one and a half stories . So, it is really hard to use that type of a semantic for what a story is . This is where we came up with a height. Denver uses a bulk plane that starts 10 feet above the property line and then slopes up at 45 degrees on a 50 foot lot that would be some place between 30 and 35 feet, depending upon the width of the lot . The way these houses arc arranged, the long side of the property, on the two north properties, runs cast and we st, so you might envision a ridge line running cast and west so that the slope cut and west comes this way, so the sun would come along down there . We don't envision it being 32 feet at the north property line . I hope that answers the question, he said . Mayor Bradshaw asked if that answered the question . Mayor Bradshaw asked if there were any other questions . lncre were none . Dan Dulaney, 292 7 South Lafayette Ori,•c, said I am an Englewood resident and also an architect . I've looked at thi s lot , this weed patch. for a long time and it would be nice to sec somethin& built on it . It has • • Enalewood City CouneU November 4, 2002 Pace 12 collected a lot of trash over the years and it has not been taken care of. It would be nice to see houses on the property to infill this lot. I do have a concmi with the height and I think with what he just said about 30 feet, I think that would be a good c~romise. It would bring it down to where the;, almost have to do two stories and they would be able to appease the north property owners. I gueaa that is all I have to say, he said, as I wanted to keep this really short. Marilyn Chong, 30SO South University Boulevard, said that I live right straight acroa the street from this proposal. I have sat at meeting after meeting after meeting and heard one thing after another struck down and I think it would be excellent to see housing in there. What worries me is that someday a 7 Eleven will come in there instead, and I think that way you will have some real concerm, Mr. Bodley. Ia there a set-in- stone limit to a one-story house? I would hate to see the two-story or whatever go through, because if I so choose, I can build a two story house, each story 90 feet, and that is a big skyscraper. So, a two-story or a one-story or a story limitation soema very foolish to me, she uid, because what we conceive of as a story today, may very well change in five years . Thank you. John Gates, 39SO South Bannock Street, said some of the members here know me. I'm a little bit familiar with this project and I just want to point out a few things about it. We live in a urban setting and you can't expect every block not, eventually, to be developed, and it seen. like a fairly rapo11111lle development He pointed out that you could end up with a cbun:b eventually owning that land and building aDOCber Imae building there. It would probably have a parking lot on it as -n and you would have people millina around all the time. I don't think that would be a very good altemative. I pew up in Littleton, he said, and our house bordered a piece of land owned by the water works. Wben my dad bought the house, he was promised that it would never be developed. Well. guess what, it's being developed, and so things like this happen. The height limitation is somewhat oh c:oncern. Al far u lbe anlipl pa ... ya this tum oflbe year the sun is very low in the sky, but it also moves acroa the horizon. It -y be blocbcl at certain ~ of the day, but it won't be blocked all day. Tllat'1 all I have to say. Thank you, he said. Mayor Bradshaw thanked Mr . Gates. Mayor Bradshaw asked if there was anyone else who would like to addrea this~-There was no one else. COUNCIL MEMBER GARRETI MOVED. AND R WAS SECONDED, TO CLOSE THI PUBLIC HEARING. Ayes: Council Members Nabbolz, Ganeu, Wololyn, Yurcbict, Onzu1ia, Bradshaw Nays : None Absent: Council Member Moore Motion carried and the Public Hearing closed. Mayor Bradshaw stated that Council will take this under advisement. We don't usually mike decisions the same night as the public hearing, she said. 10. Consent A&enda COUNCIL MEMBER GARRITI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) alld (U), II (b) (I), (II), (Ill), (IY), (v), (YI) ... (YII), (e) (I), (U) and (Ill). (a} Approval of Ordinances on Fint Reading (1) COUNCIL BILL NO . 60, INTRODUCED BY COUNCIL MEMBER GARRETI Enpwood City Council November 4, 2002 Pace 13 A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (!GA) BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES FOR THE PURPOSE OF HAZARDOUS SUBSTANCE PLANNING IN THE EVENT OF THE OCCURRENCE OF HAZARDOUS SUBSTANCE INCIDENTS IN THE AREA . (ii) COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL AID BETWEEN FIRE DEPARTMENTS. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 52, SERIES OF 2002 (COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. (ii) ORDINANCE NO . 53, SERIES OF 2002 (COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2003 . (iii) ORDINANCE NO. 54, SERIES OF 2002 (COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I, 2003, AND ENDING DECEMBER 31, 2003, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2003. (iv) ORDINANCE NO . 55, SERIES OF 2002 (COUNCIL BILL NO. 55, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2003 . (v) ORDINANCE NO . 56 , SERIES OF 2002 (COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTE WATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I , 2003, AND ENDING DECEMBER 31 , 2003 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2003 . (vi) ORDINANCE NO . 57, SERIES OF 2002 (COUNCIL BILL NO. 57 , INTRODUCED BY COUNC IL MEMBER WOLOSYN) A ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ·• ~A AG EM ENT AGREEMENT' BETWEEN THE CITY OF ENGLEWOOD AND THE Eqlewood City Council November 4, 2002 Pace 14 ENGLEWOOD HOUSING AUlHORITY PERTAINING TO THE MANAGEME!lii OF PROPERTY OWNED BY THE CITY . (vii) ORDINANCE NO . 58, SERIES OF 2002 (COUNCIL BILL NO. 58 , INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE AMENDING TITLE 4, SECTION 4, CHAPTER 4, SUBSECTION 7, PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 2000 TO REDUCE FEES RETAINED BY VENDORS ON SALES TAX RETURNS . (c) Resolutions and Motions (i) RESOLUTION NO. 96, SERIES OF 2002 A RESOLUTION TRANSFERRING FUNDS FROM THE CAPITAL EQUIPMENT REPLACEMENT, PUBLIC IMPROVEMENT AND CAP'T AL PROJECTS FUNDS TO THE GENERAL FUND . (ii) AUlHORJ .'1G THE LmRARY'S ANNUAL MFOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 18, THROUGH FRIDAY, DECEMBER 20, 2002 . (iii) THE PURCHASE AND INSTALLATION OF FENCING AT McLELLAN RESERVOIR. Vole results: Ayes: Nays : Absent: Motion carried. ' 11 . Rqular Apada Council Members Nabbolz, Gama, Woloayn, Yurchick, Gruu1is, Bradshaw None Council Member Moore (a) Approval of Ordinances on Finl Readin& There were no additional items submittecl'for approval on first radin&, (Sec Apnda llem 10. C-.. Agenda.) (b) Approval of Ordinances on Second Reaclin& There were no additional items submitted for approval on 1Cc:ond reading . (Sec Apnda Item IO -Coaaent Agenda .) ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (Sec Aacnda llem 10 -COIIRIII Agenda .) 12 . General Dlscuulon (a) Mayor's Choice (i) [Clerk 's note : Stt Aaenda Item 12 (b) (ii).] (b) Council Members ' Choice • En1lewood City Council November 4, 2002 Pase 15 (i) Council Member Garrett stated that at the Study Session, I submitted a proposed budget for my trip to Charlotte, North Carolina, to attend the Brownfields 2002 Anmal Conference . Englewood bas won the EPA Region 8 Award, he said, and I will be there representing the City and I W!)uld like the Council to approve my budget ofSJ,055 .00. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE COUNCIL MEMBER GARRETI''S TRAVEL BUDGET. Motion carried. Ayes: Council Memben Nabbolz, Wolotyn, Yurchick, Grazulis, Nays: Abstain: Ablcnt: Bradshaw Nooe Council Member Gamtt Council Member Moore (ii) Mayor Bradshaw stated they needed to talk about RID route 12. Council Member Wololyn said that, even though 1 didn't sec an~y here oa the other side, I undentand that Conununity Development bas bad calla concernin& it and it seem1 to me tbat RID may not have &iven it a con.,lete public discussion. Did 1 understand Lauri Dannemiller to say that -can ult them to reopen it and have another hearing? Mayor Bradshaw stated that the two suuestions are to conduct a second public bearing prior to January 1 • or delay the change until the next scheduled service change in May 2003, where another Public Hearing can gage rider interest. Council Member Wololyn uid since it seems 1111 be part of the diacuasion ripl now. I would like them to do it before January. Mayor Bradshaw uid the sad thins is that trying 10 run uy kind of public meeting this time oftbe year is very difficult, u we all know. I don't know iftbat would be fair . 1 would propose that we DOI do anytbins until the next scbcduled service cbuae in May and ult for anotber meeting. Council Member Gama •ted tbat in euence we are p,ing to uy, because we are bearing input oa boda sides, that we -1d uk them to delay any ~lementatioa until they held another Public Hearing with proper notice . Mayor Bradshaw noted that people &om Orchard Place and Malley Center are also concerned. Ms . Wolos)t' stated her concern is that by the rime May comes around they may do the same thing and "'e're back in the same place . Mr. Gam:n stated that if they have given proper notice to the citizens and they have been 1iven the opportunity to voice their concerns and everyone knows that it is bappenina, then !bat's what happen~. ounc1I Member Wolosyn said I don't WllDI to be faced wilh the same iuucs apin in six IDJlllbl. Mayor Bradshaw said my idea IS JUII to leave 1t the way II as. IO this IS a~ oa my pan. Jllll 1111 say 1ha1 ' 1he "'•Y 111 goma 10 be , letsJUII leave II the way 1111. Mayor Bradsha"' id no. that v.e leave the route the way u bas always beea. Enalewood City Council November 4, 2002 Pase 16 Council Member Wolosyn said it is not our decision to make ... is it? Mayor Bradshaw said yes it is . Council Member Garrett said I thought they had already vocecl to cbanae the route . Mayor Bradshaw said that is right. Mr . Garrett said the status quo is that the routes have been cbanpd. Mayor Bradshaw said then what we need to do is write a letter to delay the change UDtil the next meeting. until they have beard from both sides, because we are not medwon for Ibis, this is their deal. City Manager Sean said the letter is to ask that they not change the route until they, at leut, have aDOlber Public Hearing. Council Member Garrett uked that we add that we would like the citizens noticed in a -cliffemlt than before, which WU OD the bus. Mayor Bradshaw said we would like the gentleman that apoke this cvenina to be noticed. Mayor Bradshaw said Mr. Zavist came up to us at the meetin& wbcn we were down then: 111d just said .,,y the way, is it okay if we change this route" 111d I queaCioned what be wu referencina. Council Member Woloayn said we discussed it 111d it seemed u if be wu doina it for the reaMm of making the shortest distance between two points . Mayor Bradshaw said I would rather have us delay this, if that is Council's pleuure. City Manager Sean said we will DOtify Mr. Zavilt alao, ofdlil decilion. Mayor Bndlbaw said have a letter ready 111d I will sip it. 13 . City Muapr'1..,_. City Manager Sean did not have any matters to brina before Council. 14. City Attoney'1 Report City Attorney Brotzman did not have any mattcn to brilJ& before Council. 15. Adjournment MAYOR BRADSHAW MOVED TO ADJOURN . The meetin& adjourned at 8:SO p.m. ~/{A • .. ' 1. 2. 3. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, NOVEMBER 4, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. f/:}t} ~ Invocation. /)~ Pledge of Allegiance. ~ 4 . RollCall . &~ /~{!Aa,,eaji 5. Minutes. /ll:MJ t.J--()-;}._a. Minutes from the Regular City Council Meeting of October 21, 200~ V rr (ktsrA1V : /Jlr5110t.Z-1 "laR.~1~ /I v 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . y ~ scheduled Visitors. (Please limit your presentation to five minuJes.) tl IJ,1-Al!c t-AJ I VA-L- /J-~Mk-JJ'-JJOI?-~ A-JJ mmunications, Proclamations, and Appointments. Letter from Ronald H. Fish indicating his resignation from the Keep Englewood Beautiful Commission. IJMJi~ 9. Pu~~c.~ri~g i-.,/;k , ~ /Jff'&--~. ~~ther p~put o~I No. 54,-~roving the University Homes Planned Unit D~enl --f!<tt.lA L~~/,O AJ -/)~A) 'Of #'/ -f r:..rr....<?. .PA-PMS -/lll,U.i,..'/1/ o,/($ -KJ;A} l:_t)SS -jD#I#/ 6A,'6$ ft~u ~ .111 1 ~,~1.lr -GELJR, Bo/J/..e.' 'HI/PM "'1MVC# • • • • Englewood City Council Agenda November 4, 2002 Page2 10. <;9 .. ns~nt ~~~~~~:.....~ J-1::--~ J/1 • •• fi¥}bf/ ~-0 ~ ~ c., IJJtAitu.. ~ . {~I.I 'l-1'1_ • . . . .. '77"" a. Approval of Ordinan~f o~-First Reading. 'C/rt ./bM,l//1.I /I) 'l!.'l /I 'fl/ I i. ii. Council Bill No. 60 -Recommendation from the Department of Safety Services to adopt a Sill for an ordinance authorizing an updated Intergovernmental Agreement with the Regional Hazardous Materials Board of Arapahoe/Douglas Counties for Reciprocal Hazardous Material Incident response. STAFF SOURCE: Chris Olson, Director of Safety Services. Council Bill . 59 -Recommendation from the Department of Safety ervices to adopt a ill for an ordinance authorizing an Intergovernmental Agreement for Mutual Aid between metro area Fire Departments. STAFF SOURCE: Chris Olson, Director of Safety Services. b. Approval of Ordinances on Second Reading. i. ii. ()z# 5~ tfldl5'-/ iii. vi. vii. Council Bill No. 50, authorizing the 2002 Mill Levy to be collected in 2003. Council Bill No. 51, adopting the 2003 Budget for the City of Englewood. Council Bill No. 52, appropriating funds for the 2003 Budget for the City of Englewood. Council Bill No. 55, adopting the 2003 Budget for the Littleton/ Englewood Wastewater Treatment Plant Council Bill No. 56, appropriating funds for the 2003 Budget for the Littleton/Englewood Wastewater Treatment Plant Council Bill No. 57, approving an Intergovernmental Agreement with the Englewood Housing Authority for property management services. Council Bill No. 58, amending the Englewood Municipal Code to reduce the Vendor Fee from 1.6 percent to .5 percent. c . Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services to adopt a resolution transferring funds from the Capital Equipment Replacement, Public Improvement, and Capital Projects Funds to the General Fund. STAFF SOURCE: Frank Gryglewk:z. Director of finance and Administrative Services. • ' • • .. t • • Englrvood City Council Agenda November 4, 2002 * Page 3 ii. Recommendation from the Library Department to approve a motion authorizing the Library's annual ·Food for Fines• program from Monday, - November 18 through Friday, December 20, 2002. STAFF SOURCE: Hank long, library Director. iii. Recommendation from the Utilities Department to approve, by ~ the purchase and installation of fencing at Mdellan Reservoir. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. 12 . General Discussion. a. Mayor's Choice. b . Council Members' r-• ., $-4)-1 ~AIN: GARRETT] 13 . City Manager's Report 14. City Attorney's Report. Adjournment. 8';5()'1-.,,, WOLOSYN MOI/ED TO APPROIIE GARRE1TS TRAVEL EXPENSES TO ATTEND THE RMNFlELD8 2002 CONFERENCE The following minutes were transmitted to City Council between October 18 -31, 2002: • Englewood Planning and Zoning Commission meetings of October 1 and 8, 2002 PleMe now. If you haw. tleallilly ...... ...., ......... ,.... MIiiy .. Cllr "'' ' ..... (303-762-2405) at INlt 41 .._ill--.., ................. n..11,-. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reaular Seulon October 21, 2002 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:32 p.m. 2. Invocation The invocation was given by Council Member Grazulis . 3. Plecl&e or AIJeaiance The Pledge of Allegiance was led by Mayor Bradshaw . 4. Roll Call Present: Absent: A quorum was present. Council Members Moon:, Grazulia, Garrett, Wolosyn, Bradshaw Council Members Nabholz, Yurcbick In response to Mayor Bradshaw, City Attorney BrolZIIIID explained that they need four affimative VOlel to approve an ordinance and they only need three affirmative votes to approve motiom 111d reeohl8ilw Also present: 5 . Minutes City Manager Sean City Attorney Broczman City Clerk Ellis Diiector Black, Parks and Recreation Diiector Gryglewicz, Finance and Administrative Servicel Director Kahm, Capital Projects Diiector Fonda, Utilities (a) COUNCIL MEMBER GRAZULIS-MOVED, AND IT WAS SECONDID, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL Ml:rnNG or OCTOBIR 7, 2002. Ayes : Nays : Abstain: Absent : Motion carried. 6. Scheduled Vlslton There were no scheduled visiton. 7. Unscheduled Vlslton Council Memben Garn:tt, Wolosyn, Grazu1ia, Bradshaw None Council Member Moon: CouncilMembenNabbolz,Yurcm~ 0 Englewood City Council October 21, 2002 Page? There were no unscheduled visitors. 8. Communications, Proclamations and Appointments (a) considered. A proclamation declaring the month of November as National Hospice Month was COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE MONTH OF NOVEMBER AS NATIONAL HOSPICE MONTH. Ayes : Nays: Absent: Motion earned. Council Memben Moore, Garrett, Wolosyn, Grazulis, Bradshaw None Council Memben Nabbolz, Yurcbick (b) A proclamation declaring October 22, 2002 as Hometown Security Day was considered. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 22, 2002 AS HOMETOWN SECURITY DAY. Ayes: Council Members Moore, Garrett, Wolosyn, Grazulis, Bradshaw Nays: None Absent: Council Members Nabbolz, Yurcbick Motion carried. Mayor Bradshaw presented the proclamation to Director Olson. 9. Public HeariDI No public bearing was scheduled before Council. 10 . ComeDt Aaenda (a) Approval of Ordinances OD Fint Reading There were no additional items submitted for approval OD fint reading. (See Agenda Item 11 • Rqular Agenda.) (b) Approval of Ordinances OD Second Reading COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (II), (W) and (Iv) ON SECOND READING. (i) ORDINANCE NO . 47, SERIES OF 2002 (COUNCIL BILL NO . 46, IN TROD UC ED BY CO UN ClL MEMBER GARRETT) A, ORDINANCE AUTHORIZING ACCEPTANCE OF A $9,500 .00 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE ZONE MARKETING AND AOM!NISTRATIO . (it ) ORDINANCE NO . 48, SERIES OF 2002 (COUNCIL BILL NO . 48, INTROD UCED BY CO CIL MEMBER GARRETT) • • Enclewood City Council October 21, 2002 Pa&e3 AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF SIDEWALKS ON BELLEVIEW A VENUE IN THE CITY OF ENGLEWOOD, COLORADO . (iii) ORDINANCE NO. 49, SERIES OF 2002 (COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR DESIGN AND CONSTRUCTION OF SIDEWALKS ON sourn UNIVERSITY BOULEVARD IN THE CITY OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO . 50, SERIES OF 2002 (COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ''TNT TRAINING FOR GOLF' FOR THE LEASE AND OPERATION OF THE ENGLEWOOD GOLF COURSE INDOOR TRAINING CENTER. Vote results: Ayes : Nays: Absent: Morion carried. Council Memben Moore, Garrett, Wolosyn, Grazulia, Bradshaw None Council Memben Nabbolz, Yun:hiclt ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 • Regular Agenda .) 11 . Replar A&nda ' (a) Approval of Ordinances on Fint Radin& (i) C11y Anorney Broaman presented a recommendation from die Depanmenls of Commuruty Developmenl and Pub and Rccrntion 10 adopt a bill for an onlillancc lpplOYUII ID Intergovernmental Agrttmcnt with the EnaJewood Housin& Authority for propcny ~t aerviccs. He that tlus was actually requested by Council. It is an lnlergovernmelllll Apeemem wilb die Housin& Authority where they are manaam& three of our houses for us, doin& the blcqrouad checks and die related management work. Mayor Bradshaw e~plained that Council decided to do this because the Housiq Alllbority bu the capacity to do background checks and different types of checks that Ibey use for tbeir Section 8 HOUIUII, which die City docs not have . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SICONDU>, TO APl'llOVE AGENDA ITEM 11 (a) (I)· COUNCIL IILL NO. 5'7. COU , 'CIL BILL 0 . 57. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGllEEMENT ENTITLED "~tA AGEMENT AGREE.\tENT" BETWEEN THE CITY OF ENOLEWOOD AND THE t .. • • • Englewood City Council October 21. 2002 Page4 ENGLEWOOD HOUSING AUTHORITY PERT AlNING TO THE MANAGEMENT OF PROPERTY OWNED BY THE CITY . Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Motion carried. Ayes : Nays : Absent : Council Members Moore, Garrett, Wolosyn, Grazulis, Bradshaw None Council Members Nabholz, Yurchick (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance adoplina the 2003 Budget for the City of Englewood . He stated the budget includes total revenues ofS3S,742,033.00 and total expenditures of $36,776,153.00, leaving a fund balance of $3,621,684 .00 or I 0 .84% of total revenues . In response to Mayor Bradshaw, Director Gryglewicz advised that the fund balance is just over I Oo/o right now . I would be much more comfortable at 200/c,, he said. Mayor Bradshaw said I would feel heller at 14%. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. 51. COUNCIL BILL NO . 51 , INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2003 . Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Motion carried. Ayes : Nays : Absent Council Members Moore, Garren, Wolosyn, Grazulis, Bradshaw Nooe Council Members Nabholz, Yurcbick (iii) Director Gryglewicz presented a recommendation from the Department of Finan ce and Administrative Services to adopt a bill for an ordinance approprialina funds for the 2003 Bud get for the City of Englewood. He noted that in the Council Communication he had hipliahted the to tal General Fund appropriation of S36 ,776 ,153 .00 , but the ordinance includes all the appropriations for the year 2003 . Mayor Bradshaw asked if there were any questions . There were none . CO UN CIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITEM 11 (a) (ill) -COUNCIL BILL NO. 52. COUNC IL BILL NO. 52, INTROD UCED BY COUNCIL MEMBER GRAZUUS A BIL L FO R AN ORD INAN CE APPROPRIATIN G MONIES FOR ALL MUNICIPAL PURPOSES IN THE C ITY OF ENG LEWOOD , COLORADO , IN THE FISCAL YEAR BE GINNING JANUARY I, 2003. A~D E D ING DE CEMBER 3 1. 2003 , CONSTrruTING WHAT IS TERMED THE ANNUAL APP ROPRI AT IO BIL L FO R THE FISCAL YEAR 200 3. 4t t • • Englewood City Council October 21, 2002 Page 5 Mayor Bradshaw asked if there was any discussion. There was none . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Moore, Garrett, Wolosyn. Grazulis, Bradshaw None Council Members Nabholz, Yurchick (iv) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance authorizing the 2002 Mill Levy to be collected in 2003. He explained that this is both for the General Fund, which is 5.88 mills and the Debt Service Fund , which is 1.89 mills . Mayor Bradshaw asked if there were any questions . There were none . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. 50. COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. Mayor Bradshaw asked if there was any discussion . There was none. Vote results: Motion carried. Ayes : Nays : Absent: Council Members Moore, Garrett, Wolosyn. Grazulia, Bradshaw None Cowicil Members Nabbolz, Yun:hick ( v) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance adopting the 2003 Budpt for die Lmleton/Englewood Wastewater Treatment Plant. He explained that this year we have separated this budget from the City 's by doing separate ordinances . The Wastewater Treatment Plant shows a beginning balance of $115 ,674 .00, total revenues of $16 ,7 30 ,35 1.00 and the total expenditures arc the same as the revenues, whi ch leave s an ending balance of S 115 ,674 .00 . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 55. CO , C IL BILL NO. 55. INTROD UC ED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORD INANC E ADOPTING THE BUDGET FOR THE UTILETON/ENGLEWOOD \ ASTEW ATE R TREATMENT PLANT FOR THE FISCAL YEAR 2003 . Ma or Bradshaw a ked af there was any discussion. There was none . \' ote res ulls: )CS Na) Council Memben Moore, Garrett, Wololyn, Grazulia, Bradshaw Noac • ,. ... t ·4' ..• • • Englewood City Council October 21, 2002 Page6 Absent: Motion carried. Council Members Nabholz, Yurcbiclc (vi) Director GrJglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating funds for the 2003 Budget for the Littleton/Englewood Wastewater Treatment Plant. He stated that the total appropriation for the Littleton/Englewood Wastewater Treatment Plant for 2003 is S 16,730,351.00. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 56. COUNCIL BILL NO. 56, INTRODUCED BY COUNOL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR TIIE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2003, AND ENDING DECEMBER 31, 2003, CONSTITIITING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2003 . Mayor Bradshaw aslced if there was any discussion. There was none . Vote results: Motion carried. Ayes : Nays: Absent : Council Members Moore , Garrett, Wolosyn, Grazulis, Bradshaw None Council Members Nabbolz, Yurcbiclc (vii) Director Gryglewicz presented a recommendation from the Depu1mma of Finance and Administrative Services to adopt a bill for an ordinance amending the EDalewood Municipal Code to reduce the Vendor Fee from 1.6 percent to .5 percent. He noted that this bill for ID ordimnce wu discussed with Counc:il at the Study Session oo September 9, 2002 and it wu diacuued witb the Alliance for Commerce in Englewood on October I 0, 2002 and at that time they voted to approve tllDVUII forward with this . He explained it reduces the Vendor Fee for collectina taxes from 1.6 percent of the taxes ID .5 percent. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vU) -COUNCIL BILL NO. 51. COUNC IL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE AMENDING TITLE 4, SECTION 4, CHAPTER 4, SUBSECTION 7, PARAGRAPH C. OF THE ENGLEWOOD MUNICIPAL CODE 2000 TO REDUCE FEES RETAINED BY VENDORS ON SALES TAX RETURNS . Mayor Bradshaw said she would lilce to write a thanlc you lener to ACE letting them know that we do appreciate them understanding our tough budget crunch. Co uncil Member Wolosyn said I thinlc we should add. or underline. that they did sugnt we look II it apin m 18 months . Mayor Bradshaw said yes . Vote results: Aye : . ays : . bsen1 : Council Members Moore. Garren. Wolosyn. Grazulis. Bradsbaw None Council Members Nabbolz, Yurcluck • • En&lewood City Council October 21, 2002 Page 7 Motion carried. Director Gryglcwicz thanked Council. Mayor Bradshaw thanked Mr. Gryglcwicz. (b) Approval of Ordinances on Second Reading (i) COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 51, SERIES OF 2002. ORDINANCE NO. 5 I, SERIES OF 2002 (COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING mLE 12, CHAPTER 2, SECTION 3, PARAGRAPH 8, SUBSECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, ESTABLISHING AN INCREASE IN SEWER RA TES AS RECOMMENDED BY THE ENGLEWOOD WATER AND SEWER BOARD. Vote results: Ayes : Nays : Absent: Motion carried. Council Members Moore, Ganctt, Wolosyn, Grazulis, Bradshaw None Council Members Nabholz. Yurchick (c) Resolutions and Motions (i) Director Kahln presenled a recommendation from the Dcpanments of Public Works and Parks and Recreation to approve, by motion, a construction contract with Alb and White Construction Company for the Malley Center and Recreation Center expansion/remodel projects in the amount ofS2,937,470.00. As you recall, he said, this project all bepn in November 2001 when the vocen of this City approved these projects, as well as the aquatic center 'that will be comin& at a later date. We , had very favorable bids on this project. As we have shared with you before, when we sent out for qualifications, we actually had 44 very good contractors that applied for this project. The Selection Commincc pared that down to 11. We originally were going to try to get down to 6 for bid. but wc got down to 11 and really had 11 excellent contractors, and we just weren't able to reduce that number. I apologize, he said. as I know there arc some contractors that have been unhappy becllUIC Ibey were not in that 11, but we had to look at what was in the City's best interest as we selected these conlraeton. We went with contractors that were large and had a lot of experience in the type of projects wc arc doin&, He explained that we went with contractors that we felt had the financial wherewithal to survive the economy that we are in . As you will sec from the bids, when you have a low bid that is like 70% of what the engineer's estimate is , then it is going to be a really tight project. Our expericncc. back when we built the Recreation Center, was a very similar climate and the general contractor and several subcontractors did not survive that project . We just prefer to not be there again and we don't think it is in our best interest to have to deal wnh that situation. We will get a bencr project with contractors that can survive this economy, he said. Mayor Bradshaw asked if there were any questions . There were none . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE A CONSTRUCTION CONTRACT WITH ASH AND WHITE CONSTRUCTION COMPANY FOR THE MALLEY AND RF.CREATION CENTER EXPANSION/REMODEL IN THE AMOUNT OF 52,937,470.00. Ayes : Council Members Moore. Garten. Wolosyn, Grazu1ia. Bradshaw t ... ., • • Englewood City Council October 21, 2002 Page8 Nays: Absent : Motion carried. Nooe Council Members Nabholz, Yurchick (ii) Director Fonda presented a reconunendation from the Littleton/Eoglewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of a Laboratory Information Management System for the Wastewater Treatment Plant from Perkin Elmer in the amount of S 156,000.00 .00 . Director Fonda explained we have done considerable investi&atiog in selecting Ibis product. He noted we are doing thousands of lab analyses now and it is getting much more complicated. The regulatory environment is g<:ttiog much more difficult. So, Ibis type of a product ii to keep track of all of our analysis and integrate it with the rest of the plant's operations and Ibis, now, is very much needed. After the selection process, he said, we chose Perkin Elmer's Lab Works as the best product for die money and we have negotiated a contract with them for $156,000.00. He advised that this is being recommended by the City Wastewater Treatment Plant Supervisory Committee. Mayor Bradshaw pointed out, that is $9,000.00 under what we had estimated it to be, so it is very favorable . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE TIii: PURCHASE OF A LABORATORY INFORMATION MANAGEMENT SYSTEM FOR THE WASTEWATER TREATMENT PLANT FROM PERKIN ELMER IN THE AMOUNT OF $156,000.00. Mayor Bradshaw asked if there was any discussion. There was none . Vote results: Ayes: Nays: Absent: Motion carried. 12 . General Dilcuulon (a) Mayor's Choice Council Memben Moore, Garrett, Wolosyn, Grazu1ia, Bnidsbaw None Council Memben Nabbolz, Yurchick ( i) A resolution supporting the Metro Mayors Caucus efforts to establish cooperation among the Caucus members and other governmental agencies to address complex isaues facing municipalities in the Denver metropolitan region WIS considered. Counc il Member Garrett stated be thought this seemed an odd motion. I mo, I tbou&hl the purpose of the Metro Mayors Caucus was to cooperate together and now we are passing a motion seekina you to cooperate . Mayor Bradshaw replied that she was not privy to the discussion. This WIS a pass-throqh from Peter Kenne y. Counc il Member Garrett said it seems odd that we are cncouraaiol coopention throqh an orpnizatioo that is fo rmed for cooperation. Mayor Bra dsha w said okay. we do not have to do ao)'lhina with iL Mr . Garrett said itjuat -odd IIO - Ma yo r Bradshaw said . .ac tuall y, 11 11 to fund homeland security, that 's what it ii for . • • Englewood City Council October 21, 2002 Page9 Mayor Bradshaw asked that the Clerk assign the resolution a number and read the title. Toe resolution was assigned a number and read by title : RESOLUTION NO. 92, SERIES OF 2002 A RESOLUTION SUPPORTING THE METRO MAYORS CAUCUS EFFORTS TO ESTABLISH COOPERATION AMONG THE CAUCUS MEMBERS AND OTHER GOVERNMENTAL AGENCIES TO ADDRESS COMPLEX ISSUES FACING MUNICIPALITIES IN THE DENVER METROPOLITAN REGION. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 92, SERIES OF 2002. Council Member Wolosyn said I understand this to mean that, at the loc&l level, officials want to be Ulllled that all the money isn't going to cod up at the Federal level and not come downward. Mayor Bradshaw stated the issue is that when we get federal mandates, we would lite money to come with them. That is the whole purpose of this resolution . Federal government is great at giving 111 maodaln, she noted, but not real great at giving us money . Director Olson said I just let the City Manager know the other cay that I have been appoinled to represent Region 7 on the State Steering Conunittee, which will actually be looking at the timding coming in and the distribution to the locals . Region 7, be noted, incorporates all five COUDtiea, incllldiJla Denver, Adami, Arapahoe, Douglas and Jetrco . The whole point, be said, is to get that money back to the locals. Mayor Bradshaw offered her congratulations to Director Olson. Vote raults: Ayes: Nays : Absent: Motion carried. Council Memben Moore, Gam:a, Woloayn, Grazulil, Bndsbaw None Council Memben Nabbolz, Yurchick (b) Council Memben' Choice COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 12 (b) (I), (H) and (ill). (i) RESOLUTION NO . 93 , SERIES OF 2002 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY . (i i) RESOLUTION NO . 94 , SERIES OF 2002 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD , COLORADO. (ii i) RESOLUTION NO . 9S, SERIES OF 2002 A RESOL UTIO N ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE . En&lewood City Council October 21. 2002 Page 10 Mayor Bradshaw stated this is establishing the annual salary for the City Attorney at $120,514 .00, the City Manager at $125 ,000.00 with a $10,000.00 retention bonus to be paid November I, 2003 and the Municipal Judge at $101,500.00 . Vote results: Motion carried. Ayes: Nays: Absent : Council Members Moore, Garrett, Wolosyn, Grazulis, Bradshaw None Council Members Nabholz, Yurchick {iv) Council Member Grazulis advised that our Englewood High School Band and lhe Color Guard went to State this last Satw'day and they finished 10111 in the State. I thought they did very, very fine, she said. Mayor Bradshaw added that Randy Penn, the coach at the High School, was the Channel 9 Coach of the Week and he is up for Colorado Coach of the Year. I feel we should prepare a letter to go to him or some type of recognition. Council Member Gruulis and I had ta1lced about possibly recognizing him at the School/City Committee meeting or something, she said . City Manager Sears said we do have the dinner in January and we could do something at that time to recognize him Mayor Bradshaw commented that he wi 1 probably get Coach of the Year. City Manager Sears said I know the acbools would certainly support that and we will work on il Mayor Bradshaw thanked Mr. Sears. 13 . City Mana1er's Report (a) City Manager Sears thanked Council for their support. 14. City Attorney's Report {a) City Attorney Brotzman thanked Council for the aen,crous salary. Mayor Bradshaw commented that we have to keep people at market lbe employees get to stay at market, she said, and the manager and staff need to be at market also . IS. Adjournment SHAW MOVED TO ADJOURN. The meeting adjourned at 1:SS p.m. .U PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: November 4, 2002 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES Ron Fish 3210 South Franklin Street Englewood, Colorado 80110 October 11, 2002 The Honorable Beverty Bradshaw Mayor, City of Englewood Members of the Englewood City Council 1000 Englewood Parkway Englewood Colorado 80110 Dear Mayor Bradshaw and Members of Council: Thank you for the opportunity to serve on the Keep Englewood Beautiful Commission . It is with regret I inform you I am unable ID continue my appointment to the Commission. At this time, I am unable ID devote the time and energy I feel are necessary to fully support the Convnlulon and Its grut work. Please accept my best wishes to the City and the Convnlulon for a succesaful and productive future . s;ncera~~ ~? fJ Ron Fish City of Englewood DATE: November 4, 2002 'h ..... fllblle .... •CftllCll•N•.M,app18" ... dll tJlllla., ..... ..._. UaltO.allJ•eat I PLEASE PRINT NAME ADDRESS • • ,PROOF~~~~-~~~~~~~$$:1!)@,;..~-ss.~ THE ENGLEWOOD HERALD STATE OF COLORADO ss ~ COUNTY OF ARAPAHOE I, Thomas E. Spargur, do solemnly swear that I am the Publisher of the Englewood HeraJd and that the same is a weekly newspa- per published in the city of Littteton in 1 the County of Arapahoe, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupt- edly in said County of AraPIIMS for a i period of more than 52 weeks prior to the first publication of the annexed notice; that said newspaper is entered in I the Post Office of Uttleton, Colorado, as Second Class Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, approved March 30, 1923, and entitled ulegal Notices and ~nta" and other acts relat- ing to the printing and publlahing of legal notices and was put,llsllecf In fllt rwglAr and entire issl-. of said MWlpllpar, once each week, on the aame dlly of each WMk, for a period of LconsectAwe lneeltlons and that the · o · wspaper dated c the~fi publlcallon of said notice was in . {.(2,1 / j 2002 The last publication of said notice wu in the issue of · newspaper dated CITY OI' ENGLEWOOD All .............. ..., ...... ..... 1111 ,._ .... ,-lie ........ 1111 .......... ....... !Ir .. Clly C1ar11 !Ir 1:00 p.111. • NOVaaa4, 20IIZ. An,-...... to ......... Pulllc ....... ..., _. .. ca, Cllrtl'a OIIIN, -.nz. 2407111......_..., ... ,, er, waalan4' ..... -11e ......... .. tliedoor. llr --Ill .. .. ........ Cir CounclL , .. ' t ' ~- .. ....... • • Date November 4, 2002 INmATEDBY David M. DiPane 1906 13"' Street, Suite 203 Boulder, Colorado 80302 COUNCIL COMMUNICATION Subject Case PUD 2002-01 University Homes Planned Unit Development -Public Hearing STAFF SOURCE Tricia Langon, Senior Planner PREVIOUS COUNCIL ACTION Council considered the proposed University Homes Planned Unit Development on first reading on October 7, 2002. Council set the public hearing for November 4, 2002. RECOMMENDED ACTION Staff recommends that Council consider testimony during Public Hearing on the proposed University Homes Planned Unit Development and approve the Planned Unit Development with the following conditions : 1. A Homeowner Association shall be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document shall be provided to the City. BACKGROUND A conceptual site plan for the University Homes Planned Unit Development was submitted in May 2001. A preliminary plan was presented at a neighborhood meeting on August 22, 2001, as required by the PUD Ordinance. The formal PUD application was submitted on May '14, 2002. The District Plan and the Site Plan have been combined and submitted as one document for concurrent review, as provided for in the PUD Ordinance. The Planning and Zoning Commission considered the University Homes PUD at a public hearing on August 20, 2002 . During the hearin& an adjacent neighbor raised concerns regarding drainage (See attached letter from Mr. George Bodley). The Commission continued the hearing to September 4, 2002 and directed staff to review the proposed drainage. The Commission considered additional information provided by Public Works Director Ken Ross . The Commission then voted to forward the PUD to City Council with a recommendation for approval with the above two conditions and an additional condition: The north wall of the drainage channel on the north property line of the subject site shall be raised four inches in height. The applicant has already agreed to this condition and has shown the increased height of the drainage channel on the site plan . ANALYSIS: The Planned Unit Development is a rezoning process that establishes zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning regulations. The rezoning establishes a new zone district with requirements and standards specific to the new district. Those standards will be applied when the land within the district is subdivided into lots and then developed. The request to subdivide the new zone district into residential lots 1-4 and Tract A will be brought forward should the requested PUD be approved. The subject property is located in an area bounded by South University Boulevard on the east. East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Englewood/Denver boundary on the north . The adjoining property to the south (Parcel A) is currently occupied by the Korean Emmanuel Methodist Church . The adjoining property to the west (Parcel B) is currently occupied by the Brown Mansion and is used as professional offices. The adjacent areas to the north and east contain single-family residential uses located within the City and County of Denver. These areas are zoned R-1, a zone classification similar to Englewood's R-1-C district. Tract A, shown on the site plan, is not part of this PUD request and will retain R-1-A zoning status . The subject property is a vacant .88 acre parcel zoned R-1-A Single Family Residence District. The parcel has a street frontage of 155 feet on South University Boulevard and a depth of 247 feet. It has been the subject of previous development attempts including a rezoning to R-3 High Density Residence District to permit an assisted living facility, and a variance to the R-1-A minimum street frontage of 200 feet for non-residential use to permit a church and school facility. Both requests failed . Residential use requires a minimum street frontage of 75 feet. Therefore the subject property may be developed as either one large residential lot or be subdivided into two lots that are twice as deep as the typical R-1-A lot The University Homes PUD proposes to develop four (4) single-family residential lots on a private drive that is accessed from South University Boulevard. The proposed lots range in area from approximately 6,770 square feet to 8,400 square feet The proposed lot areas are smaller than the existing R-1-A standard of 9,000 square feet The proposed lot areas are reasonable considering the following : development constraint of the depth of the property, 'reduction of available land area due to required public right-of-way dedication, adjoining Englewood land uses are non-residential, and adjoining City and County of Denver residential lots are approximately 7,000 square feet in area . Development of the site is complicated by access to water and sanitary sewer services. Englewood water service is available in East Dartmouth Avenue and must be "looped" via Tra ct A and the South University Boulevard right-of-way . Englewood sewer service is available only from a line in East Dartmouth Circle. Non-Englewood water and sewer are available in South University Boulevard. The applicant has worked with the Englewood Water and Sewer Board and the Utilities Department to obtain services from Denver Water and Metro Wastewater. El ec tri cal service to the proposed development is available from Xcel Energy and will be pla ced underground . At the present time, a power pole situated on the subject site provid es overhead service to the Korean Emmanuel Methodist Church. There is no ease ment of record for the line to cross the subject property. The applicant proposes that th e serv ice line to th e Church be placed underground in a utility easement Financial issues ' .. .. • • related to the proposed undergrounding of the electrical service to the church are a civil issue and not part of the PUD consideration. The four residential lots will be accessed from South University by a private drive that will not be dedicated to the City. The drive will provide a parking lane and a utility easement for services located in South University Boulevard. A snow storage/parking easement is also proposed. A deceleration and acceleration lane and public right-of-way with sidewalk and landscaping are also proposed along the Boulevard. Dedication of this area will occur on the Subdivision Plat An eight-foot screen wall is proposed on the east side of lots 2 and 3 adjacent to South University Boulevard to mitigate traffic views and noise from the Boulevard. A six-foot perimeter fence is proposed on the north, west and south side of the subject property. Maintenance of the private drive, screen wall, landscaping in the public right-of-way, and snow removal are the responsibility of a proposed Homeowner Association (HOA), which is to be formed as a requirement of this PUD. The HOA is necessary to maintain the common areas of the proposed development Infrastructure installation is proposed in two phases . The first addresses major services necessary for development for any lot, including utilities, private drive, curb, gutter and sidewalks, deceleration and acceleration lane, street light and fire hydrant These services must be completed prior to issuance of any building permit The second addresses items to be installed prior to issuance of any certificate of occupancy. In a typical zone district all lots have the same setbacks or minimum distance a structure must be from the property line. The University Homes PUD proposes a "building envelope", the area in which structures may be located, for each individual lot This method Is used to minimize confusion in identifying a front, side or rear property line on the lots because their "frontage" is on a private drive. The building envelope provides setbacks similar to R-1-A standards and yields lot coverage of approximately 42% for each lot, which Is slmHar to the R-1-A maximum coverage of 40%. The maximum building height is proposed at 32 feet This height will accommodate a two- story structure with a pitched roof. The building height is reasonable considering that adjacent Englewood uses are non-residential and the adjacent residential uses in Denver's R- 1 district are allowed a 30 feet building height on a 50 feet wide lot The adjacent Denver lots are 70 feet wide. Pursuant to requirements of 16-4-15 : Planned Unit Development Zone District; 3 Drainage Report was submitted . The Englewood Public Works Department and the Denver Engineering Services Department reviewed the Report and approved the proposed drainage plan for the subject site . Drainage issues were raised by an adjacent neighbor during the Planning and Zoning Commission public hearing. Public Works Director Ken Ross responded to those concerns in a memo to the Commission dated August 27, 2002 (See attached memo). Mr. Ross states in the memo that "we feel that the developer has done everything they can to mitigate drainage concerns for the properties to the north." In approving a Planned Unit Development, City Council must find that the proposed PUD meets five cnteria. The criteria and Staff findings follow : I . The PUD District Plan is, or is not in conformance with the District Plan ~u/lffl1eflts anrl the Comprehensive Plan . • • • The proposed University Homes PUD is in confonnance with the applicable requirements set forth in Section 16-4-15 : E 3 e. PUD District Plan. Further, it is consistent with the 1979 Comprehensive Plan, which identifies the subject property as low density residential. A course of action stated in the Plan suggests that within residential neighborhoods "The lot area, lot coverage and setback requireme.nts should be made more flexible to permit more innovative development and better use of the land. N 2. All required documents, drawings, referrals, recommendations, and approvals have been received. All appropriate documents concerning the proposed University Homes PUD have been received and approved. 3. The PUD District Plan is consistent with adopted and generally accepted standards of development in the City of Englewood. The proposed PUD District Plan is consistent with accepted development standards established by the City of Englewood as discussed above. 4. The PUD District Plan is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. The proposed University Homes PUD District Plan is in conformance with all other ordinances, laws and requirements of the City. 5 . When the PUD District Plan is within the Englewood Downtown Development Authority (EDDA) area, the Plan is consistent with the EDDA approved designs, policies and plans. This criterion is no longer applicable to PUO consideration FINANCIAL IMPACT: The City would realize increased property tax revenue based on the assessed value of four new homes compared to the value of the vacant parcel. UST OF AITACHMENTS Bill for Ordinance Exhibit A Letter: George Bodley Memo: Ken Ross -·- (J MEMORANDUM TO: Planning and Zoning Commission FROM: Ken Ross, Public Works Directo~ August 27, 2002 W DATE: SUBJECT: Drainage Questions on tbe Proposed Unlvenlty Homes PUD 1. Denver Property Owner concerns regarding accepting flows from the developed site. 0 The channel has been sized using very conservative numbers. The channel has been sized to accept 100-year flows from the paved parking lot from the Mansion Property plus the developed flows from the northern portion of the site . The channel as proposed will carry these calculated flows and still provide 6-inches of freeboard . So in effect there is already 6-inches being provided to protect the property owners to the north. Therefore it is stafl"s opinion that adding additional protection is not necessary . 0 Currently the lay of the land is to the north. This means that the property owners in Denver not only accept flows from the Mansion Property, the Church Property to the south, as well as the 0.88 acres of this site. The proposed private road will intercept all the drainage from the Church plus SO% of the developed site that is to the south of the private road. This means that the proposed development will intercept virtually all the flows that are presently coming onto the Denver properties from the south. 0 The proposed tlow line ofilie concrete channel will be approximately 2-fcet below the berm that was built up along the south property line . This means for the most part the top on the proposed channel will be slightly below the top of the existing berm . On th e south side of the channel the intent is for the grading from the developed properties to match the top of the channel so that the adjoining properties drain into the channel and thes e flows get conveyed out to University Blvd . The proposed privacy tcnce will be north of the channel , so adding a decorative stone to the outside of the channel won't make any ditTerence to the properties to the north. since the channel won't be seen because of the fence, and building a retaining wall is not required since the channel itself will act as a wall. 0 We feel that the developer has done everything they can to mitigate drainage concerns fo r the propert ies to the north . I -· 4 -~ .. .· t • • cc : 2. The proposed grade of the channel is very flat. Q 0.23% grade is extreemely flat. This is only one-quarter inch of fall every 10 feet. On the construction plans we will require very tight specifications that indicate the need to provide steel rods at grade every 10 feet to provide finish grades for the concrete workers to finish to . But given the constraints of the site--(They have to accept flows from the Mansion Property to the west, we would not allow the developer to push the flows onto the Denver Properties to the north, and therefore all these flows need to be conveyed to University to the east .) The only other viable option is to provide a French drain system and sump pump at University to lift the flows back to the surface. French drains have a tendency to fail, as fine particles will plug the system over time. And we hate to rely on sump pumps since power has a tendency to go out during severe rainfall events. 3 . Korean Methodist Church concerns about drainage due to the development of this site. Q The church and the grading around the church is at 5407, the proposed elevation at the south boundary of this development is 5406; the proposed finish floors of the two residences nearest to the church are 5407.5. It is the best of all worlds, the drainage can leave the church site and the proposed homes are being built up so that they will not impacted from the runoff from the church . 3. Maintenance of the Concrete Channel. Q Planning Commission Member Schum made an excellent point that the concrete channel needs to be part of the maintenance responsibilities of the Homeowners Association. And a statement to this effect should be added to the PUD . 4. General Comments. Q When we review draiqage reports and development plans we try to insure that ..all reasonable attempts are made to mitigate the adverse impacts of the development, whether the impacts are drainage, or traffic related . Q Liability-The courts have consistently maintained that cities do not incur liability by reviewing and approving plans, so long as we do not take the pencil away from the developer 's engineer . We raise concerns, ask the developer's engineer to address those concerns, we approve the plans, and if adjoining properties are damaged, the remedies and liability still rests with the developer or the engineer, because the courts realize, we the city may be spending a couple of hours reviewing the plans or reports , while the design engineer spent weeks putting the plans and reports together and is . or at least should be , more intimately aware of the requirements and constraints and/or issues associated with the development. Dan Brotzman Bob Simpson Tric ia Langon Pete Pappas I . ( -~. -~ .. t • • I August 20, 2002 Englewood Planning & Zoning Commission 1000 Englewood Parkway Englewood, Colorado 80110 u CJ George Bodley 2300 East Columbia Place Denver, Colorado 80210 Regarding Proposed Subdivision Plat on the 1.03 acre parcel at 3055 So. University I live at and own a home directly adjacent to the north side of the parcel in question. I have discussed the proposed project at some length with architect Pete Pappas, who swes that he represents the 'Jwner in regards to the proposed plan. rm primarily concemcd about some cenain limited aspects of the proposal. Mr. Pappas bas made oral assurances to the property ownen on the north that certain things will be done. He has inclicared that a new 6 ft fence will be erected on tbc applicant's property which will be paid for, and maintained by the applicant or~ ownen. The most n:cent proposal I have seen uses the language in PUD Sectioi?t.-2. Fences Section a: "A 6 foot tall fence may be erected around the perimeter of the parcel as indicated on tbc plan." I am insistin& that for tbc project to be approved, this language be changed from may to will. Ia ocher words a 6 foot tall fence will be erected on tbc applicant's side of the property entiJely ai tbc applicants expense as the applicants represenwive bas promised us on numerous occasions. Mr Pappas has also agreed tbat a spill over barrier will be constructed as an integral pan of the proposed concrete drainage cbannel. The spill over barrier is to be hiper OD the north side of the channel than it is on tbc south to protect tbc properties on the north from any overflow of excessive warcr. The idea being that if tbcre should be any overflow of tbc cbannel, the excess water will Oow onto the applicants property prior to over flowing onto the adjacent properties directly to the north. Again in order to obtain approval. the language of the documentation and wortcing drawings for the project should indic:ue that the drainage channel will have a raised curb OD the north side of approximarely 6 inches. Again this only commits to writiq wlw Mr. Papas bu already promised and agreed too. Finally it is bard for an ordinary citizen or even the architect to determiDc from the plot plan exactly the what and where of tbc proposed padina, the exact loc:llioa. lDd the exact elevation of the drainqe channel in respect our properties. Therefore. rm ukint dial if the concrete draina1e channel is in fact elevlled aboYe the beipt of the property directly to the north; tbat it will be supported by a masonry mainins wall or muomy faced emhlnlaneaL {o I 1-.;~,: i -I~~ t,,rA~t b JI Tvr.J v 6fur,G~ f) ,I ... , ti) A f:wJ -~~ /~ta r I) r fl..c. r-tJ L) /A,.., t-, ;,(. .( '\ ~ ' .· .. .. • • I -' • ORDINANCE NO . SERIES OF 2002 BY AUTIIORITY COUNCIL Bll.L NO. 54 INTRODUCIIDBYCOUNCll. MEMBER~~~~~~~- AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 30SS SOUTH UNIVERSITY BOULEVARD IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, David M. DiPane, owner of the property at 30SS South Univenity Boulevard, Englewood, Colorado, submitted an application to build a group of four homes on a vacant parcel of land in the area bounded by South Univenity Boulevud on the eut, East Danmouth Avenue on Ille South, East Dartmouth Place on Ille west and the Englewood/Denver Boundary on the north; and WHEREAS, the Planning and Zoning Commission opened public bearings and took testimony on the subject property which ia 1.0lled R-1 -A Sinale-Pamily Reaidence DiaUict; and WHEREAS, the Conunission requested clarifications to die District Plan verbiage and additional infonnation rqarding site drainage; and WHEREAS, applicant also submitted an application to subdivide the property contained in the Planned Unit Development/ and WHEREAS, the Commission recommends approval of thia Planned Unit Development; and WHEREAS, the Depanment of Community Developmenl recommends approval of die ~liminary Plat of the University Homes Subdivision with the conditions tbal a Homeowner Association be formed and documents pertaining to die Association be filed apimt all propeniea with Arapahoe County Clerlt and a recorded copy of die Homeowner Associllion document be provided to the City of Englewood. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The Planned Unit Development, attached hereto u Exhibit A, for property nwnbered 3055 South Univenity Boulevard, in the City of Englewood. Colorado, is hereby approved with the following conditions : I . A Homeowner Association be formed and documents peltlining to the Associalion be filed against all properties with the Arapahoe County, Colorado, Clerlt and Recorder. 2. A recorded copy of the Homeowner Association docwnent be provided to the City of Englewood, Colorado. Introduced. read in full , and pused on firll rudina on the 7th day of October, 2002. -1- Published as a Bill for an Ordinance on the I Ith day of October, 2002 . Public Hearing wu held on November 4, 2002 . Beverly J. Bradshaw, Mayor A'ITEST: Loucrillhia A. Ellis, City Clerk I. l..oucriahia A. Ellis, City Clerk of lhe City of Englewood. Colorado, hereby certify dial die above and foregoing is a true copy of a Bill for an Ordinance, introduced. l'Old in full. and imaed on fint reading on the 7th day of October, 2002 and Public Hearina aet for and held on No¥elllber 4, 2002. Loucrilbia A. Ellis -2- INHINOC :n.:, ..... IINIC :eucMW a.cz• opuoeo:, ',uuea ........... "I IOCZ • s:,rqdv.J90.ldau ~ UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT - DISTRICT PLAN • ~ ~ e .w1 ~_. 1. ...... PUD DEVELOPMEl'n' SUMMARY J.lf. ,. ~&, ·c,-... •1'1"-llfE.;. ~·:::.c c ... ··"" ·"" .:;t - o.C T ) ·"'' 0..1'>.7 .:. ;.•>.;>.., .. IP•' I•'-'• •"") ., .... , ,.-.. ,r •c.: •' IAf !l"'ICl/-1!' S,A,-.. .,. ··~ -,c ~..,.,. .-.,T-t!•-.:r• 4 ·0•4-.,.,.6 ~ C,1.1';•6,lOIIR .. U,:,..T&....otr: c-•·•e·•....-...o--=--.-i:.c :>~~-:c.~s :.c·, .. ~..cl!-JM"..:.t&Qt..~:,,,..-... _ ... ~ .. ~ .. ai...>6 !'H~W-Gel•IJ,<)..!T~.:'•::,,•41.. .~...-~ ""'°· IOr,I..;... _o·• 11"'"'1 ·c;..-.._ 1.~ .-. ... ,......_6 c._-,t.t ·~c;••<IC", l"!Jal.•C •-c.,;• C-i..-'r" ~ •f ... -'lt- 9ACl(QROUND t.fio",lf!llt!""I ..c--t.e. ·..c C:a#'l:t."'9"'T"C' a,,o 1,t. ,..-,. ,, -o."!Ee "f~tEv• '-If Cl.;.._ ""'-',()>,( 0--C.f ....... c-,,a~ Cl!" l-4 ~tr' -.~TE~ .T ,...,~'-"l'~Ol'tl4 i"!IING'OO..O,,SQI,:"'..; u-r . ..t.llafTeo.;..l v -it:;M<:;,!-6,TO~r .. ~v!~"' INu.l.J:....00: ,. ,..... n !..C""l!a • '"14 ·~.a... •LlliCI:~ c,,,,. ·-.:.r ~,v- C<>ol lTHOo C-C) ~· it~ e:._..,-o --~ h,11!: <~:,o t1 ~ -o..M ~ •.oc.1;rr., ·:::, i-t c.Al'lllk,,· LOO"-' o,, ·, lfl"'I #..::> T-t! ~11'1 _._ ....... 1r CO!la'"'"I E-'l~L c.......-:i,; ..... ~-'>';l'I[::,, it. .c ~ ...... L ~ ::o,ec Ill 0 .t; , ... "~-M': •~J,. ti ... "l!C f()·~~--C,T--~-1:--...... ~•..c:,e,~.__, JCMto.r .. ,. ..w.~,-r eG\.ll.l',.:.11:;: ~-e.,..~, o-·..c o.a ,:>..,911C),,,N..oJM A'T 1JC>t ... ,:,~:-......... YIMJl: ·..e ~-o..t,r ,,,_ .... _.~~'1111:CS-tfOIII.~ •.-c.11 MO l~"T._.,..-_:,~~M·°"""-O-!:I . 0 ..._11111 ... 'I-Illa Ml'llt.AI. -~6 _,. etN :-act:-~ ce,_,ce,..,:.•e,..--"'l'~irr._o-·o ..:o.a -_. -..c-J••1 .,... ...,. -..c,..i ~ c;;.;.•c ~ ... ~-~ """P'C"lo lO\..C-T~..._,.---.,o..,-·~5 rcot:~c-·...., 1-e-~·..., ·D,~~-·~-u::.....-.. ~-c;:-.;~-.-o t,..:e~v-A • ... ..,...,._ .a..:-c1.-...c--acut""4rt..1•Jr-.. 1111.1-ca...::a:•ON. -~• ._"6"4 ~ ~--,." •~ 6, ro •,oc •• ·-c ::••~ i:o,.c.aa, , to.:. ... ,: .:. •&;ce-,,· 4.. aw.: ... -... o,-::--cr::i 1"'°-1 •--.. "" -~• e-..:. ~ cr--~-s.-e .,•.,-cc.1M~t<:\;~._..,...~.T -.O....I .,~ ·-.1 -:,,J tft .... M l"tlCTIC""l:" lllltC" """' ~c !.~,;:r: c,,,.~-.. """'l'I~ ·, aou.-1 ,~s· ..:.1CMe.....:.... CC-..TIIQ.G•e.;. .\I,.-~ -i.c IO.r'-"" ,..,_.,-, ~..,,..-:. ~· .... ..... f..s o-·...t•-.::::·1111Qo...•-ir..,,..OI'.-« •··""=""" "-£ -..0 ...,-.. 1,. -LO.ol 9M -U.f"-.Q'tt .. ~ .,• ._, .. 15;.:..;:::;..,o t •.,•.O"!I ·o::.P.,.IW!:r l!l,4,tX& ... 1 ~.cc· • e..."'·•"""· -..·--... ..,,..,1,:;,. .... ~ zc,,.~-'€, ... ,. .. -.,e .,c;.1: .. wc-c-,cc--.F"t. ..... ~ •o t-« •&·::,.>,.-..:._~ .... 'I&-"!-.t: ~T ~ ~'1il!"LIIIII ~ , ..... Tl -· !9411t" c-.... C:,tt•-=.· -.~, ... .., """"" 1.41... e..c;·c..:.·e: .:.•~.,-.U'l.l .MCI .. Ol'-.0..1-.~IOtJ"-..... -,e •, S(),,,,.J\1 -c, ·c ·..-c: ... o, D4i.l.lXJt' 914 ::,..~ "'" :o.~ ·o •.c • ........ «= e. .. , ... JI,.~ C0*4".a1A·c>i OI' , .. ,., MtC ·• -.c,,...-... ·c --c ..o ... c:t;t,,, .a, oe ..... ~ ............ .J1,,:::-~.e-·:;,,. CJII .... .l~.0....:.-IIC'-W•...........c::.-.,~a..f! ...c,-o.,.,r,o.",cw,,,w.. .. "'.c'""" l...,..~-.... C1"& _...~loO.l..:;Nv.::o..1,-.·-· .. • .... ~>,,:;."'4 ,.,tieo,. .... ~cc .... ~,, ~,#< ...,..., ooO"'at-i.c>:;1-..c•eae.-·u..,.. ~""',.,,. •:M. • ..,. c1 ""~-~ -r-.L. 1-.c_,..~r 1' ~'-""·T~•-c•,w~ccv-...a~-::.. a..o· C"........_N .. ..-.,.,~ .... tl· --:0,."Q:. .-..:, "4 c;; 1,.=, .. __ .. --IJ-.c:OAAOI: .. J"'. -. .,. ..NC J'I .... '--E ::ltt~-:-......... ..,... •• , 6-,.A. ..... ~::•"'I! !9'11C ,..::i"O-c-...-,• 'Y9C ca .... ~ ..... .,, _ .. ~- Lo,,c. -GaH • .,.... ... ~ ..._--0, t ... .>, •, :;,,: •..« -..__, .... ..,_.c-..,... ~ ·-c ct~· '0: ... !,r l"l>G ...:>J...a-.· i.lillt ct-...NOt ·--· .. ...,oa Cit""-~=~-ee .l"L :l;~· .. t•1W ..... ::1 .... ~c--w,,.· c-\N ...... -~· --· ~ co,..a •-.:-.ca ... ·-,..,. IN.lo..1..ccc e.~-..-.. 11 • • .:.,,,. a • c. .. • o,c,, -"' H -•t :. ... , -=-1..e.~· o,.. ~-c-v ~....o-. .... -_, .:c-,.a:;;~••:ct!,•.i...,.!g Ol!NERAL N011!S --~-:: ~11.,....•t ...::·c..,..:.-•, ·-.e e-~ ~~ .......__ .. C:C"'4 ·1~ ,., ... ·---c~• Cl' ... ...-•. ;: ....... \.JI I('; .;-~ • Cl.-t .. .:"""1"11 ....-... -..,.~I ..JIit " ..... e,..a.:., •::,o,; c;e-.9 -.-,·• do,;.if-.1'0C.,t.~1ri1•0,.•>4 :'-""'l"lf""" -'<-._.._,"'4 'C ...... ....: .... --.~ ........... ""-"Cf ---.c1e .... ... _,.~ ~ .. <;.."c,.. ~ ...-C ,_ ...;.c1Ml,1.ff""l,"t ..J-iC --~ =--,, ............. ·~~-=-..ro.::•• lrl.,.-"".1 ...,...1.~r ,. ·-•"""1:-r ==-•~ ..... _ .. -c ,, ... ,.~-.. -.. c-.....~ •~ ._.. c, .... .._. ... _ • -... ~.-..c..: .. ·->. .... --,_ -.. 1,:. ·--· e.1 ....:.a...-~tr,,,,Cw,..o,.~·· ~.). .... _ • ._.___eir e...· .. t -·-1 :1..-.. c:-,•,,• , ""I .. •• .. ,:_ "·~U l'6..t;..coc .-.:•,:. .. -_.......-'llf...:: :s .,,,,->,u e,,a-.....c ~•--.c -..;:.,c .-.,:"' .;"'°'· ... <.~•..i,,r-_..,.,.... ".r>M a....• .. :;-.---e~-v,c ,•...( C .. -.. , ,_..,....~ ,.ro ... ~ ,-_., .... C'd-T_.,. ""'"-_.n c :--« S0....~"'4 ~---=-·..-....._'-•~rt:. • ....... ,1 -~ ._ .._ . ...., ... -·1.:;.. ·c -•·•• ........ .....,. .,_. .._. : .... 1 ~:1u ~ :-~-....:•,c---~-:.~ .. .:..j ..... : .. c ::,,,tr,,,._.Jlo C 9111: .,,., C • 'f IIC""t=-••• ..a--_• • ..,.., • ...,..,,e,......_<_=--c.~~ .. ,= ,.. • i: ........ 11111 ... c,•.:•-"'-c ... k:\,.·-""'1: ., • .::\4 •. ..11(: -c.:,., •;.. :1 et..ttU·..:,,. ...... ...:" .. -c ...... • tc\..'- .,..,11: ., ....... , • . . .. ,;.-· r-t •r .. -.-· PUD DISTRICT PLAN • DEVEWPMENT STANDARDS •..e 1"6.1· .. ..,.._, lill:6'C:~i:;,a~::-·-t cs-.,~,·~ c,. A CE'll:"L ... Q.I'" .e-... :.,c,.,tr- .. ~~..:... ..... ;::,. T...af C:,...,. '-'! lll!fGi.<..-"'c,,.!,•~ " .. f l)f..._~t -llf. ::t:•CNl!!:1 •c &".Li,-. :'.I: A"G ... 0 .EC " "-!' l.!!e'(".:... c;..1-~t1.-.a, ct cs·....«=&.,..::-.:.•r ·:, '"lCl"'~'l-'C f.,,C~ ~ ... -..e-E ei,.,~'"''""'°" • ... -'L~ ,.-e Cf! .... .:--:!'.,..l &t.-.-r.:: "O .. ~ ...... ,"L."" L::.i ~1tt.:."IO\. ~-t:.-T"!.::: <2e~ ~.-"!"O TC lf'CII..I!·•~• c,,,.e.L".o& ,. .. 1.1!,~--.-ccl!~ 1.te"e .,.&<;o1 ...... 1...--~,··~ . ..,:;&tot,:- -M .. IIIA,/,. .o..LAt.¢'6 •..e ~~t-!>,-,-0-,C ·-~ w,,«:, t""ll'.<;:l ~ N 91.e.Jf.CT -~ •o.e: QC:.,~"1'6 .-OttJ.>iQ~~ .._ •4 C •T"'C-~...000 i-v,.,:: ,., coP£ <N.!66 C".-1!.at.r!il! ~ ::!C •,:,11 "" u.t~cs. .:..~ .... ..e..-c e ~~iT"tP~--,Jf:,f! ~~, .. --.""q 1-~e,.c,:, C 1--.."'V"'LOTJ.lli(.l SClll~Tff!O....._....-;•--a- •·::-.ct~-fll!•U· -•,"'V"'! .O'I ~-~I! '-0" .. -.. IC -P..I! •o "-'6 C 0111111 :;.• r"A,,."V"l!l4,ll,.t,"'4~1G,1.t I ~-~ 1M e..;,_::,"<i, .:.-c c...:a~! ): ~I!" ; 511! K::•c,. e.1 .. -'JICII.-O::••C';L_Cl:£a..~·ti o ~re-,::te...1.::;,"(i f!Nv£..~1! are•,.._.:..-, l "-..... -.c::,•~ e-·1..e,,--..s• ~ --o..= ..i:ca:•~ 6"'111..GfUIWa a,...:.i,.,. u _oc-·r:::;, E,·~ • ..--r·i.w T-.f OftO,,,U.'!'1EC &..1.C,N(,f",A!;.~·-$6~1;>,"-i. •.4o,a IA:1:•0 ~'11"-"-ie:i -X:..& ~ •.O-E:::: e.£..0..:. ...... ""10,S..l-.i:·,....-."iG' ~-..C •.:.L.M 1.e.•AC!e --... -._,.. .-... ""U"' -·-=--!1.-<ol! ~ c:-,-..1.·•-•"'4 ;,,,_.t·•r·~~s--cce. '"'"'' u. ... ·-:u::: -· ~ .. t ·O'll.:.C.E --.£- ~u!tC_... e.. .e-,<;,& ~ IOI£..--.£:: ~2wcair ..,;__"£& ..._1,. M .. oc;. .. ·1:;,-E"' liilf.1..• \,. ,. .. ._ "'-£ :;f&~·e:: ,,,_, .. :::~ C"U La-t: .a &,.C_,.. c,,. "'"II!! •.-, !;,Q!:•1 .._.,.,..'..:l "'OC-.. & .:.6 •.o-e::-ee .. o _ 1 --r~::::,.~ ... iN ..,..:;!l~:.::~11111!1-II~ t,.i.:.:..M~,c1;:;,~1-;...-oe-.;:•....,...M.:. l'dL...~ .. s • -~·t:r.! .. •....octtc.:..._ C~!Q...Jlll!J>!!"" O r-' ~.,C,G,0-" .J:•H" .....c,e-""':.&T ~ M ::.--. .... ·E:. •:, -'<l"-!llt .. ~ o -~ 6-'L41-• .__ ...:'/' el! --..:,..t:::> ; !~ "'i :.~ rr~ .. Yc'::~~!'":;.~ee: ---~ .. -· • e----J,G""9f! '•e.e:~ f ~ ... ,-'!. j'1l (f. • ... _,, .._,. •o•.;.1,. "1..~ ..111111 .;.. er ta...AI •1.-• c. ...C "V"1.o4!,0...· l()•t1· ) ...... 6 ~ ... , ;-.. ...__ r,.r -----.. !:-~.t ,u~ e ,,·1 ~ ·-c '-'lo..EUl::'C'D ""....,..C •-;::o:.9 C -~ ... 91 .ce.;,•1;:i "'""v,.(• "C'"" S "I . ''"'I -.o...:.e..r -~-a-~• ~ ~•-....:::-.. ·r-oe.:e ea .. ~ a.,·,.._. i,,,,o'" e.a • ..,.....1·11:; -~ .. , ~--··· l!....oe:,...., _. "'°"" c:c ..... ~. '-""' o,..,_ ~ <, :P--=a:•.._ __ M -:.c..-c .u .:.cc:,r,,c •:-,.._ ~ -"~"--·':-Cl'#;)~ •c:· ... ,""-.:,_--<-•=--~·· • -~ e-Cit~-el•.:• .• ~!!t: ~ ·-e: c :c..-o...._-. ~ ... ••:..l!Ct ~· -·.:::. .....__ u ~---.:-, ...... _ ..... ---... .,:;:.•-.ti: •_,.,.:,.a _n ...._ .. u _, • ..Jlli • -.,_ .. ~_,,. ......... c-...... ..Nlf: ... ~ • ..,e• u. ·-c.--~ .::Y--·~~ ....... ..... , .... .._ u~:,,...t·•.__u " ...... ~-., ,.c :>.·$"'1" ··~ ·-_, ... C-•t ... ·-·" C. -~.-· c;-.e, • ._:,, _ .. , ........ ,.,~-• i--.;-·r: , ..... ..__ u: ~ ... _._"l'c -:..,·:c ._,._,.c,: e.:_~::~·I~~-~-.:"~~:~%' # ... :E -.:-. ·-, ~ ~ ..-f:· ~ ·-c ,._"'C • ..._ JI: " ... ..QJIQ ....:;.. -"""'6,. ~ ...... _ .. ,-;;• ,,_,._..._ .... _.."'!-!::f! :::a..r..;.;:-::,-,.•• ~ ..t:...::,,-..o~,...u --"'C~---~ ~L:£ •0.1 •--.. c~ ... "t:.ot. .::;•t -~ -• "'c:;e ·-4.-.: ..... J( ... -· ~"'::·-a.. .. ::~-i..;-... -.. ·,:-. ,.,._-...;....:;...:. ::.lit:,,.._,.-,..,:; -... __ u --·-.:::.'91C--.: 0 -..0 ......... _._ )t\. 0,. ·-c .:-..AI -....__• efi .. ~.tc.-""1:0 ''-« M C--.0-. • ,"'d ... •""lllt -~ .... .:• l.teab ..... ~ .... !111.Q .. •:::: ---.::.•=---:;; ..Al-., ... .....--..r o.a: .. ._I! .. ,.::;: ._ ,,y .._ .. _ .. •, ~. :r.; ""'-" ·te •• :-.iit.::i..v :::: .... ~1,.;---~ ~ ... :~,:c ::..-·c-c-"" • .. e...;c ~·,.,.-· .,_...,._. -~ac..-e: "• -.;;;-G-....-: ,:,, .... ·--"~ .... i..,~1 c-.... ,c .... _-r:. .... ,•~,c a!';ii, ... __ .. u,,.a,_~ -:-:: ......... ... ~ te:•1.-......,.. .-..ca• ac.-.-.~. -V-..-.. ....... --e.1t t f!it -·t:4e-.. 4 0-" ~. 'El" • ·-:::,:.c~-· ;"t: -c:. ....... ~ ·¢,. --·-~· ... tc'-• .. ..,..,, •• tlCl.o...l ,...-.Cfll.O..' ... _. ~~-::.. -;-.a ....... , .. ,:-.. ~•--..e c -*l..:.,,,,•..e•.-:,...c:.r:t • •••::c-•-.-..~""1---.--· Nl ::·1 .. .... .......... cs ...... _..::a.. .. -C.-e..."£,:,,.·-e --.. -• •ace •·-~-.. • ., 1:-.c-c .. _. ,_,:.,. .. cr,,cl! ............ _ .. c,....,.c., -.. ~ ~--.,~.-.~...-....:.-·-...... 1-.c-~·-, .............. _ ... ::--:·t :..;,.;;, _-.:_ ....... 9'..:n ;o,o J •• . ..._ .. t--.. H ,c:, ~ .. ~-.~ .. ·.. C "II":-~ --.C_.,. • .., .. ............. _ •• , '1 -t,..;;..,. ... ---.... ...-_ "C ,4.t .. ;l.. •• ,::. .... 1"6..1..COC, -V-.1: •..t.. ::...-c s .liC -t• .. '° .... :., • ....__ .... .. ;.• I .:.1 -.... _. --U a .. ....:: •..;t• ...__ .. -.-;·•--C--.t:: PROJECT ADDRESS : J."" -~ i..o"'1't .a1,-.,1,, !:., .. ~t:,---=. ~E..c= .:c.c~o.:ec J : ~it ttf::r.i::::~i ~~ -.;--~ J:,, u.·-r ,•1:111t ,... ec"-1. -c LEGAL DESCRIP110N : :.c· ,,--·c -:;;.·.1r - >. . .r£-.s --c"".!"&!-ASt .,5~ -t "'-"-OS-~· ~ .. ::,c.c : ----t:-1:•. -1..! !!..:.•··t· c -_ .. ~ '~-' ..._ •-e ·..C~"-£-:.• "'QI' M C' :J'< l!: •ev-... • 1. t,c.,·--.:4"'61: N A t • ~ ...... -.. -- :,.-. ~1!·.V.-_t.e-::r.; c....""' ..... :1"-11:-•-.. Cf" 111° .. ·E ~C--~=o CODE DATA : ,,;r-~1· ....... ,..x.:; ~ ... ..a ,a .: ..... ..-.. ~L.c:c,:C:.:::0--9'.I. ............ .. • :;:" I -~-: . c·: ~.:--' c.·.:._:-·_-:..... :;:.; : . ··~ .. .., .. ~Cl!;,, !•-·;. SIGNATURE BLOCK : -~at-~<II.. = ... :. -=·-·-- •..;,: ·:::~:::"'<t .• '1"'!,· ...... ' • ~ ........ ""I: --! :.-· (# --• • ... -...... cc:-.. ~ t .... '!,. -·-----=~ -.. -:: ..... , .. ,..c: .. •. • .. ~ ...:i:·~,-·:: •:q• )t' ..... ·~· ARCHITECT: CIVIL ENGINEE R· l'il'A.~ ENCs!NEEllt1NG C Ot-.5Ui.T AN T& .t,.:". , ••• "l"-,.1'. io."! C _,,_;.-.,. ::;:-• ::'°-=C &.; .. C. ,c: ••••.• DRAWING INDEX : -~. ::~·-.:::·• ..... •,,;. -"! .. •-Z.•.-> -.:;.\ •-::; ."I! a; __ •.:. t"T~,· ... t.-,:a~--.-.- -·-,.r Exhibit A = • .. ~ .. L .. .. .. -.. ~-..--------... ...:.\~.--.;.. .:,.;:,:. .. ~ ----• -·--4 L. •-:_--.._--------.-------~A~~-..... : ------- . . I ·-. i 1 ..... -- : I ,: r ~ ·--- f AREA SIT E PLAN I.It...... .. .---w--'-..i NOTE -' ... ..: "' -... = "' .. / \ I I ,, . __ ., t LOTII 2290 !!AST COLUMBIA PLACE LOTl2 2JIIO l!AIT COLUMBIA PLACE / ,.-~,::a .. · -·----- LOTIJ 2320 EAST COLUMBIA PLACE LOTl4 3051 SOUTH llNIYBSltY BOULEV.uD -··--........ ·-~·------ -.!,":::.'.._=-r·---;;!f1r-""_=<:_"_,=,_,;_.=·----=-.....;=..;.:._;;......:c...Jt:..;=..;;;.;;..~,.;;-;.-c:-'-:;::--:..· -:::-:::.-=:~:::-:.:=::::. I. ·----+-----------• :.. :. -----~· -~~--_ ' .. -··t -·"'fl r.:~.::.;;;;~;;;; •• ;::-._ -irl.;:..=.=---;;::;:;~...,,..;:;;i=-~=-=..:+~::::..::~ ~r --- I L • •. --~ ---r··-------·-···-~--~-- __ ()Q5)90lTTH~BOULEV.un> µI .J_--,; ·· 1 "''-·.:t(::~::··:i-··-----(JOS~~~BOULEV.uD) ,L I ' I ·Q_ ,, . ' -------------,,.. ' .--.-~ \ ---------------.... 41'....... -~ ·1, 'l -·~~•uc:w •-•-· --lr. UY,AalVL\llONI l'CJa Pll> .... "t"---- " I 0 -.... ..... N I P\JD SITE PLAN -.... ..... ---- ' ' ' ' \ \ \ I ·I PUD SITE PLAN l\flSl'TY- -, " = "' .. 3 ~~ WALL SECTION ··:-,.a-.i. ... , ..... t : I t f ~~ . . ___________ .,__ __ I.Or) I.Or ) -•KICO..,.;a ----- 4 DRAINAOEC~SBCTION N°•t -#' iii ..... o ro-c.....--,. ~ .. ~..--.1.. __ __ ~""Cl' .. .,." "'·-... . l·C,,,,_,....,._ __ _ .:::..... =---r -·~-...--- '-'--......... ~°"' ~ec•·... . ·, 9 ~'1-1:~~~~§~~~~ffl:=J --=..,;- Jj ~.:.~---~-~ CUlaJJCs.-. ........... ..._ -............. LOr2 ... -c~---- ... ...... .,. ... ~a .............. :-... .. •<-•• .......... --· ........ ,., ~ _., .. , --· _,..o»~ ... ,to.·~· .,,.. •.11t·· :,,., .. ~-... -· LANDSCAPE LEGEND .._,..., ----· ._.-a "'·•··~ SITE DET AJLsT LANDSCAPE PLAN UNIYUJITY.....S = :.. &. &. < &. , ,. ·' 0 E A S T ALTA LAND TITLE SURVEY PART OF LOT 1 BLO CK 2, HAMPDEN HILLS BAPTIST CHURCH SUBDIVISION LOC ATED IN THE NE1/4 SEC 35, T4S, R68W OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE , STATE OF COLORADO •MC:ll.. 1D01C 3711 PIA l\f 10/S/12 -·- I- VI • a:: 0 ~ .... i > z :> I :i:: ' I-I :> . 0 ' VI NOl[S COIIIIESPONOING TO SCHa>Ul.[ a, ... ---·-----·-·""'·--*'-' .... ~------" &....'fl,&9'.Dir~JIE-7,,".,'E!.z='.:l''I'-ftt, _. ---,, r.,=-=----=--·.:r1si::-.r.::. ·:::.: =-=' :.:::-r:: :=-~ ... ,. -- MONUMl;NT TAil[ ..... ,. ____ _, r:7rllilr-~- •n'f,.,'LWl- 11'.:11'"¥.C- .... "" __ ... ., N'a'L.r ~---..... "' ___ .., ~-·~·~.:'--ra="ra11a1 "~U=-'1'::l'tf"'lll,._"fll ·~-i'l'..Fif• ---,; C[RTIFICAI[ .. ....... _U11911t,1 ...... _.. ............. , .... ..., ..... "·----· ..... ._ ...... __... ..... ,., .... ·~-:-~:---· -• ~a-::t-= -..... DARTt.lOU M .{__j...J' T w•• .............. ON •eiu.. -·-to' •o• • ICAL[ ,·. 40' ..... ..,. I rJ OONTOUII "'l[IIVAl ......... .... Al TA LANO tnu SlJtlN['r 11 .. .t .. ~_ j PART Of LOT t Bl0C.'C Z • ...-o(tr,t ""-lS ""'1'ST CMUICH ~ Dl'fl. M.1' n. J00'2 • 0 • • .. CITY OF ENGLEWOOD CERTIFICATION OF POmNG ---------------------,,, Case No. }=Ve> &xi Z-e> I ATTACH PHOTOGRAPH HERE Attached is a photograph of a sign as it is erected on the following described property. Address: J'~r-, -~~ S"ovr.l v~~rt'1 ~ · Legal Description : ~c ,/. ~-- . CONTINUED • FAX l'O. !'bi. 1s 2'1!12 es: 4SPM P2 I hereby certify that the above-describl!d property was posted continuously for a period of ......!:1._days,from C:,e,.~a~ 1c=,1:cee: to · ~SD: ~. '2.oo-i.. ~/?-7 Sisn,ature Relation to Property Date II II ?i o .;,._ State of Colorado ) ) S$ County of Arapahoe ) Subscribed and swom to before me this lfl"'r\ day of ~otembp C 2004:: ,, J ; •ii • • r J " ~ { '\ \ My commission expires: _ __!WIV~OOP~·~·~·~IC~IN~DP~N~l!_!U!!-~!·!!.- A separate certification should be presented for 8ICh Notice of ........ ..._ C.lllc:alun must be presented at the public hearing. • ' • • • • 0 • .. ,. .. '\ ... • ... , ,:i,, . . . ... .. ... : ~' : ~ . ' \, ), R68W OF THE 6TH P.M., =>AHOE, STATE OF COLORADO ) > J J I) NOTES CORRESPONDING TO SCHEDULE B: 10. EASD,IENT$, RICH1$ Of' WAY AND RESTRICTiONS AS OON1'MltD ON PLAT Of' HMIIO£N HUS IW'TIST CHURCH ~ (SHOWN HEREON) 11. lPMS, CONOfTIONS. PllCMSIONS AND EASDIOfTS OON1'AINED N RESOWT10N NO. 1, SOlll'S OIi 1171 IIUOIIDID INCH 1, 1979 N BOOK 2945 AT PAGE 2tt AND AMENOlotENT RECOROED JUNE 20. 1171 N IOOK 3011 AT MIX 211. AND RESOLUTION NO. 3 SERIES Of' 1982 flECOROED OC108ER 5, 1982 .. BOOK 3711 AT MC[ 116. (EAS[M[NTS SHOWN HEREON) 12. WEU. [ASGl[NT CONIIEYED IN DEEDS R£COIIDEO JUNE 7, 1979 N BOOK 3007 AT MCt 283 AND ltCOIIIID OCIOlllt 25, 11184 .. BOOK 4292 AT PAGE 53 AND IN QUIET ffllE DECREE RECOROED JNIJNtt 11. 1IIO II IOCIIC -AT MIX 721. (SHOWN HEREON) MONUMENT TABLE (D fOUND 1/2" 1M. 11EN (NO CAP) ALSO IIOIN> in_• ~ IIIMt •/ 7/1" -~ ,usnc CII' LS 1411Z 0.15 ,-\'I' ALSO AJCN> 1-1/Z" OM IIION :, C:::l-'"~~ (HO CM') o.lt' llfflEIIL y @ FOUNO 1/2 INCH I*. ll£8Nt (NO CAP) ALSO 'fJ'!!P 5/1" I*. IUlllt •/ 1-1/4 OM. 'IB.&.Dlr l'IAfflC CAP LS lfOIU 0.1' NOlfflOLY ALSO IOUNO 1/r OM. 1118111t •/ 7/1" OM. 'tlUOW l'IAfflC CII' IS '" 12 0.4' 11"511111.'I' @ FOUNO 1/2" I*. ROM •I 7/8" I*.. YEU.OW IUST1C CNl' LS 14112 ALSO FOCN> 1/Z" I*. llf8Ut (HO CAP) 0.2' Mn. 'I' @ FOUND 1/Z" OM. IIIMt (HO CAP) o.z• ,-\'I' ~Vet_ ~l'IASTIC CAP LS 14112 0.2· sn..,. @ FOUNO 1 /2 I*.. lt£8M (NO CAP) ALSO FOUND 1/Z" OM. 1118111t w/ 7/8" OM. 'tlUOlr l'IAfflC CAP c.s 1411 z o.4 • rAS'IIIIL.,. @ FOUNO $/8" I*.. ll£N •/ 1-1/4" Oil. ltUOII PlASTIC CAP LS 19003 AUO rour«> 5/1" I*. ¥Mt •/ 1 • CM llO l'IAfflC CII' LS 14142 O.J ' ~'I' PROPERTY DESCRIPTION: (PRCMDED BY LAND 1111.E GUARAN'IEE CO/l'MY ORD£lt NlWR 1.11152142. DAm> AP111. II. 2002 AT lcOO PJI.) ' ltGIINIIG AT THE NOlfflt(A$f CIOIINElt OIi I.Of 1. IIOCIC 2. ...... MUS W'IIST CHURCH SUIDMSION, COUNTY Of' ,.,,..._ ~ 1"E:NC[ SOU1MERLY ALONC 1ME bSf UN[ OIi MD I.Of 1, A DaWICI OI 196.00 FUT: 1"E:NC[ Wl'SmtLY fWW..LEl. Wl1H 1ME 90UIN UNI OIi MD UII I, A IIIIWICt OIi 211.1& FUT: 1HENCt sountEIILY ......... WIIM 1ME NI UN[ OIi SM) I.Of 1. A DISTANCE Of' tM.41 FUT: 1ICNCl IIIIIIIILY ...-SID ... 1IC IDUIN UN[ OIi SAID LOT 1, A DISTANCE OIi 11.00 FUT: 1MNC1 toUlta.Y flMIIIUD. Ctt 1ME rAST LINE Of' SAID LOT I, A DISTANCE OIi ti.GO FUT, ICIIII Git LIii. 1'0 A IIIOINf ON THE SOUTH UN[ Of' SAID LOI' I: 1ICNCl Wl'S1111LY A&AING 1IC IOUIM UN[ Of' SAID LOI' 1, A DISTANCE Of' 15.00 FUT, YOIIE Git LIii. 10 A ....... IIIOINf 1DG 15e.OO Ft[T EAST Of' THE sounMISf COMO OIi Me lOI' 1; 1leCI NOll'ltOLY ,-un. Wini THE WEST UN[ Of' SAID LOI' 1, A DISWICI OIi 41t.14 FUT. MOIIE Git LESS. TO A POINT ON THE NORrH LINE 0/F SAID I.Of 1, SM) IIOllf 11118 1•.00 PUT rAST Of' THE NOlffl4Wl'ST CORNER Of' SAID I.Of 1; 1MNCI IMIIIILY "LONG THE NOlfflt UN[ Of' SAID LOT 1. A DISTANCE Of' 247..k PUT. IIIOIIE Git LISS. 10 1N[ IIIOINf OI IEGH•tc;. COUNTY Off AIWWtOE, COU)M)O. NOTES: 1. 8ENIWGS All[ 9A11D ON 1MI AIIUMP1ION THAT EAST UNE Of' LOT 1 M.OCk 2 tu.WDIN -.LS UP1ll1 CHUIICH SUIDMSION l[ARS S f1ll1fllff#' E IE1mN N .............. 9GII AND DHCWD HPEON. 2. ACCW 10 CCII ICIPMM> U9 'IOU WIT CCMCNCt »tr LEGAL AC1ION 8AIID _. Mff IIIPICT • 1MIS a.NrY 1l1NII 1MIIII ltAltS AFTEII YOU FltST IIIICOe 1UCN IIIPICT. • NO EWNT MAY ANY ACTION BAB _. MfY DlnCT • HS ..WV • COMMENCtD lilOR£ THAN TIN 'flAIIS noM 1'C DA 11 OIi 1'C c:tltlW'ICA TION SHOWN HEREON. l. 1NII 'IAT ......... • • IIIICWIW[ UK Off nc MmES NMIED It 1M1 ..._.. QIIW ..... IOLC-. N CIIIWD1[ DOES NOT EXTDf) 10 l#f 1WD ..... 09t 1N111Y WIIMOUf Ml DPl£'SS ll[C(RTIFICAllON NOTICE OF HEARING A PUBLIC HEAR IND WILL IE llllD BEFORE THE CITY COUNCIL ON • NOV, 4, IDQI AT 7r3D P.I. IN THI COUNCIL CNAIIHI AT IDDD lllllWDOD e PAHIAY, INBLEWOOD, COLOIIADD, TD CONIIDEII THE CMANIE OF ZGNINI a, THII ,11DPE:::. ~u:.,~i&.f WltlfllWt'"'H•GE, TO ANIONE INTIREITED IN TNII IATIEII IAY IE IIHRD AT THE PUIUC HHIIINI AT TIii ENlllWDDD CITY HALL fDII INfHIATIDN GN THII PUD HQUEIT, CONTACT TIIE DIPAIITIENT DF COIi NRY DIIILDPIENT AT 111•111•1141, TL SP COD For your consideration Council Bill 54 Request by Arplicant David DiPane Rezoning from R-1-A to PUD for University Homes Unit Development at 3055 S. University Blvd. To allow development of 4 single-family building sites Submit for the record Certification of Posting of public hearing Proof of Publication Englewood Herald October 11, 2002 This Hearing is for PUD establishes new zone district and associated standards Also associated with this proposal will be a request for MAJOR SUBDIVISION creates the lots for the development to occur cccurs by resolution occurs after approval of the Planned Unit Development Recommendation Approve PUD with following conditions PUD 1. A Homeowner Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk. 2. A recorded copy of the Homeowner Association document be provided to the City. Is the proposed land use appropriate Does PUD meet District and Site plan requirements required in the PUD ordinance PUD is a 2 Part District plan sets district regulations Site Plan establishes the site design Location Proposed PUD site near E. Dartmouth & S. University Blvd Extreme NE portion of city South & west • Englewood zoned R-1-A South • Korean Emm Meth Church West • Brown Mansion with office use north and east of site • Denver zone R-1 (similar to COE R-1-C district) currendy zoned R-1-A S-F Residence District Just over an acre of land only PUD • main body .88 A Flagpole .15 A intended for utility access not part of PUD Flagpole is identified as TRACT A undevelopable parcel Subdivision includes both pieces flagpole zoning remains R-1-A can be sold to an adjacent property & developed as part of that property PUP Process Rezones the site 2 Unifies development control of the parcels making up PUD Establishes zoning and site plan criteria specific to the Planned Unit Development Allows development FlexibiHty -not always possible through existing zone standards Intent of University Homes PUP Develop 4 single family lots access off S. Univ by private drive Could develop as R-1-A single lot or 2 lots 235 feet deep Vacant land = problems/constrains lot size almost double typical lot depth Area residents (specifically Denver) oppose any development other than SF res Previous attempts to develop site failed • Assisted living facility • Church and school Utility service 3 BACKGROUND Neighborhood meeting Aug 22, 2001 o 9 Englewood & Denver resident o Key concerns: residential use, drainage, Proposed PUD reviewed by DRT 7 reviewing divisions or departments P&Z Public Hearing August 20 continued for staff to address drainage issues September 4 -approved with the above 2 conditions and additional condition regarding the drainage channel • HAS BEEN MEET ANALYSIS Use limited to S-F Accessory uses Home 0cc limited to office auxiliary to off-site business *Compatible with the surrounding districts both Eng & Denver • Lot Area R-1-A • 9,000 sf Proposed 6772 6795 8418 8433 sf *Reasonable: depth of lot R O W dedication reduces available land for each lot Denver lots approx 7,000 Setback Building envelope everything -except pools must be within env. *Reasonable due to lot shape, eliminates need to identify front, sides of lots Height R-1-A •25' Proposed 32' *Reasonable Adjacent non residential uses in Eng Denver • 30' hgt on 50 ' wide lots adjacent lots • 60' Drainage Discussed extensively at Planning and Zoning Commission Drainage Study submitted as part of PUD Reviewed by Public Works Memo from Director Ross -is here to answer questions Drainage channel north lip raised to Access private drive maint. By HOA Not dedicated to City Parking min 4 spaces per lot with min 2 spaces in garage) 3 designated on the north side of the drive 2 designated in snow storage area when not used *Exceeds existing standards Landscaping lots 1 -4 • complies with Ord. Public ROW • per plan as reviewed by PW *Comparable to existing standards Wall on S. Univ. • R-1-A 6' proposed 8' feet *appropriate for location mitigate traffic noise, provide privacy Utilities o Water IGA Denver Water main in S. Univ o Sewer Metro wastewater line in S. Univ. *Proposal appnwed by Water & Sewer Board 4 HOA must be formed, documentation recorded with Arap Co against all properties o Not recommended as part of the PUO -supplemental document o Address • maint of right-of-way landscaping, snow plowing maint of private drive o Protection of the City o Identifies responsibilities Electrical Issue with Korean Emm Meth Church Overhead line serving church crosses site Applicant will underground Civil issue Infrastructure ti · ~ Phase 1: ~~rvices before any building rmit may be issued Drive, curb, gutters, ROW · • • Phase 2: lesser items before a be issues Screen wall, fences Conclusion : district plan and site plan consistent with PUD requirements All required materials have been submitted consistent with the intent of the Comprehensive Plan which encouraged flexibility to permit innovative development & better use of land Good use of a site with history of development con~tr~ 5 Therefore recommend ~o Approve PUD with conditions ,,,.- • A Homeowner Association be form and tuments pertaining to the Association be filed against all properties with the Arapahoe County derk. • A recorded copy of the Homeowner Association document be provided to the City. Questions Will address them now Pete Pappas -Pappas Architecture ~~~ ~~~o ~ ~ .... ~~i q/"+/Ot.. • ''- September 4, 2002 Englewood Planning & Zoning Commission 1000 Englewood Parkway Englewood, Colorado 80110 SEP -4 DlZ George Bodley 2300 East Columbia Place Denver, Colorado 80210 Regarding Proposed Subdivision Plat on the 1.03 acre parcel at 3055 So. University I live at and own a home directly adjacent to the north side of the parcel in question. In my previous testimony two weeks ago I was in favor of the project with some reservations, but upon hearing the testimony that night; cenain things came out that now cause me to be against the project. Basically the PUD is simply a plot plan that allows for over sized houses, that is houses larger than are presently allowed in the City of Englewood RIA code. I feel the excessive height in particular will have a very negative impact on my property, and will negatively impact all the other neighbors immediately adjacent to the north as well. The developer's representative claims this is to allow for a sloped roof, but under Englewood code it would actually allow for a three story structure with a flat roof. While the sun in Denver is 80 degrees over head at the beginning of sumrncr, it is only 30 degrees above the horizon at the beginning of winter. As such. the ground in my back yard would be overcast in shadow for a good pan of the winter. Basically I don't see adequate safe guards within the proposal and by the City of Englewood which preserve die relatively high quality of life we presently enjoy in Cheny Hills Vista. During the previous public hearing, I asked if the structures could be limited to two stories, but the answer was that neither the planning commission nor the building deplnment is able to define "a story ." The fact that the proposal asks for roof heights well beyond R 1 A 25 ft limit is thus unacceptable .. The proposal asks for these larger than RIA structures on comparatively small plots, lots that arc 3maller than 10,000 sq ft. minimum required within the the present Englewood RIA code. Moreover, these units would be accessed via a limited driveway and diminutive Cul de Sac. It is necessary to point out that in spite of die plan, the owner is uncertain whal be will actually do with the property. He doesn't know who will build on the lot or for tbat maaer what exactly will be built . Basically be is goina for die larpst pouiblc individual residential structures they can possibly squeezed onto this lot. It appears to me tbal be bold opea lbe possibility to nwket the entire pan:el and PUD in c:ombinalioo to IOIDeODe elle i.r. Tbis is a far cry from someone who is bonestly tryina to build a home for tbamclves. and wbo needa ro be cut a small amount of slack for vuious IUICmable and unobcrusive ,..._ Since mere are no actual house plans at the present time. The only parmwa we raidenll have is die languaac contained within the PUD which presently is both overly .-oua ad clearly inadequate . Pace l of2 • ... • . ' ' • The City of Eog)ewood should not be p,mling a Cane Blaacb PUD for a development dial is both highly speculative and higbly uacatain. In order IO oblain approval. the laquap of the documenlation and working drawiap for the pn,ject should iDdicalle that the boules are actually limited to an honest two SIOl')' height. For eumple the ume -,uap dial is contained in the preN111 EqJewood RIA c:ode. The PUD aeeda ID iadiclre dial bocb fencing and dnma,e will be comll'IICted at the appJiclnt's expeme; and prior ID or in COlljuactioo with any home comttucaon. Asly drainage clwmel should be shown in the dnnriDp IO have a rliled curb OD the DOltb side of approximately 6 inches. If the concrete drainap cbllmel is in fact elevam • my aipificant beipt; that ia. more than six iDcbel above the beipl of the property direcdy IO the north; the PUD plan. drawinp IDd lapaae lboald iDdicalle lblt the concmc channel liner will in fact be supported by a masonry retaiains wall or IDalOlll')' fllced emblokrneat which protects the property owners OD the north from Ill)' IOil slumpiq. eroaioa. or mau wasting. Just for the record. the beipt of the of the parcel in queslioo is ~y 3 feet biper than my back yard; and this elevlliOD cbangc occurs at the property line irnmcdiwly behind my fence. Also as a point of reference, my two story prden level house is only 17 feet tall at the very highest poinL Plp2of2 Date November 4, 2002 INmATEDBY: COUNCIL COMMUNICATION Agenda Item 10 a i Subject IGA Establishing the Arapahoe/Douglas Counties Regional Hazardous Materials Board STAFF SOURCE: Safety Services Department Chris Olson, Director COUNCIL GOAL AND PRMOUS COUNCIL ACTION Regional cooperation. In 1989, Council previously approved an IGA between Englewood and a number of other jurisdictions in Arapahoe County for the establishment of a Hazardous Materials Response Board that would also indude the federally mandated Local Emergency Planning Committee (LEPC). RECOMMENDED ACTION Approval of this revised and updated IGA for the Hazardous Materials Board. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Hazardous Materials Board/LEPC gives Englewood a very cost-efficient. effective and resionally recognized alternative to individual management and control of a vital community emergency response program. FINANCIAL IMPACT Englewood currently contributes between $3000-4000/yr as its share of the hazardous materials team costs . This cost varies based on assessed valuation. LIST OF ATTACHMENTS Proposed bill for an ordinance IGA for the Arapahoe/Douglas Counties Regional Hazardous Materials Board • • ORDINANCE NO. SERIES OF 2002 BY AUTHORITY ..... NO. 60 f INTRODUCED BY COUNCIL MEMBER~~~~~~ f WHEREAS, Section 29-22-102(3)(A) and (B), C.R.S., requires that the governing bodies of every town, city, and county designate an emergency response authority ("DERA") responsible for hazardous substance incidents occurring within the respective jurisdictions of the governing bodies; and WHEREAS, the Emergency Planning and Community Right to Know Act ("EPCRA"), 42 USC Section 11001 et seq., otherwise known as Title Ill of the Superfund Amendment and Reauthorization Act ("SARA Title IIr') Pub. L. 99-499, requires the establishment of local emergency planning districts and committees ("LEPCs") who establish emergency response plans, hazardous chemical reporting requirements and ensure emergency notification from a fixed facility upon a release; and WHEREAS, Part 26, Article 32, Title 24, C.R.S., provides for implementation within Colorado of the EPCRA; and · WHEREAS, Section 18(2)(a) and ()(b) of Article XIV of the Colondo Constitution and Section 29-1-20 I, C.R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS , Section 29-1-203, C.R.S ., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, includina the sharing of costs of such functions or services, which each of the contracting panics may be authorized to provide; and WHEREAS, the Parties wish to enter into this IGA for the purpose of establishing a separate governmental entity known u the Reaional Hazardous Materials Board of Arapahoe Douglas Counties ("RHMBADC") to replace the existing Arapahoe County Hazardous Materials Board, for purposes of conducting joint buardous materials activities, including without limitation, planning, information manqement, initial response:, equipment procurement and sharing, penonncl procurement and training, reimbursement and financial management; and -1- .. t .. . · • ; . .. • • WHEREAS , to receive the RHMBADC Members resource(s), it is cost effective for each of the RHMBADC Memben to make available during a hazardous materials incident, its own resources to other affected RHMBADC Members; and WHEREAS, it is in the best interests of the public and each RHMBADC Member to have access to hazardous materials response resources of other RHMBADC Members to supplement their own resources during a hazardous materials incident. NOW, TIIEREFORE, BE IT ORDAINED BY 1llE CITY COUNCIL OF 1llE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. City Council of the City of Englewood. Colorado, hereby approves the Intergovernmental Agreement with Arapaboe/Douglas Counties Regional Hazardous Material Board for mutual aid during a hazardous materials incident. Section 2. The Mayor of the City of Englewood and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 4th day of November, 2002 . Published as a Bill for an Ordinance on the 8th day of November, 2002. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk l , Loucrishia A. Ellis. City Clerk of the City of Enalewoocl. Colonclo, llereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, inlroclucod, read in full, and passed on first readina on the 4•• day of November, 2002 . Loucrilbia A. Ellia -2- ~~ UCOUNTla-8IOIUL 11AZA11DOU8 IIA'lalAL88CMllo tRHMBADC) I REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES RECIPROCAL HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA") This IGA is made and entered into this day of 2002 by and between the Town of Castle Rock, City of Cherry Hills, City of Englewood, City of Glendale. City of Greenwood Village, Town of Larkspur, City of Littleton, City of Lone Tree. City of Sheridan, Town of Columbine Valley, Arapahoe County, Douglas County, Cunningham Fire Protection District, Parker Fire Protection District, South Metro Fire and Rescue. Skyline Fire Protection District, Deer Trail Fire Protection District, Strasburg Fire & Rescue. Byers Volunteer Fire Department, hereinafter referred to u "RHMBADC Operational Members" or "Parties." RECITAI.S A. WHEREAS, Section 29-22-102(3)(a) and (b), C .R.S ., requires that the governing bodies of every town, city and county designate an emergency response authority ("DERA ") responsible for hazardous substance incidents ocamns within the respective jurisdictions of the governing bodies; and 8. WHEREAS, the Emergency Plannins and Community Right to Know Act ("EPCllA "), 42 USC Section 11001 et :wq ., otherwise known u Title m of the Superfimd Amendment and Reauthorization Act ("SARA Title m") Pub . L . 99-499, requires the establishment of local emergency planning districts and committees ("LEPCs") who establish eme1gency respome plans, hazardous chemical reportins requirements and ensure emergency notification ftom a fixed facility upon a release; and C. WHEREAS, pan 26, article 32, title 24, C.R.S ., provides for implementation within Colorado of the EPCRA; and D . WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-201, C.R.S ., permit and encourage sovemments to enter into contracts to make the most effective use of their resources for the benefit of the public; and E . WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, includins the sharing of costs of such functions or services, which •ch of the contracting parties may be authorized to provide ; and -I - .. . .. • t • -- F . WHEREAS, Section 29-22-103(3), C.R.S ., encourages mutual aid agreements between emergency response authorities for the purpose of enhancing the response to baz.ardous substance incidents and establishing procedures for, among other things, utilizing equipment, sharing technical assistance and promoting the safe handling of hazardous substance incidents; and G . WHEREAS, baz.ardous materials incidents may arise in one or more of the Parties' jurisdictions, resulting in response demands that exceed the personnel, equipment and/or expertise of that particular Party; and H . WHEREAS, the Parties wish to enter into this IGA for the purpose of establishing a separate governmental entity know as the Regional Huardous Materials Board of Arapahoe Douglas Counties ("RHMBADC") to replace the existing Arapahoe County Hazardous Materials Board, for purposes of conducting joint hazardous materials activities including without limitation, planning, information mamgement, initial response. equipment procurement and sharing, personnel procurement and training, reimbursement and financial IIWllgelDCnt; and I. WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials activities by other agencies and entities with capabilities or responsibilities related to hazardous materials activities, which other agencies and entities, upon joinins the RHMBADC u provided herein shall be known u "Planning Members," and which along with the RHMBADC Operational Members, shall be referred to collec:tively u "RHMBADC Members"; and J . WHEREAS, to receive the RHMBADC Members relOUnle(s), it is COit eft'ective for each of the RHMBADC Members to make available during a hazardous lllllerials incident, its own resources to other affected RHMBADC Members; and K. WHEREAS, it is in the best interests of the public and each RHMBADC Member to have access to hazardous materials response resources of other RHMBADC Memben to supplement their own resources during a hu.ardoua materials incident; and L. WHEREAS, establishment of the RHMBADC will lCMI a public purpoae and will promote the safety; security, and general welfare of the inhabitants within all the participating Parties ' jurisdictions; AGREEMENT NOW , THEREFORE , in consideration of the mutual benefits that will inure to the public and the Panics, and the mutual convenants by and between each of the Parties, it is agreed u follows : I . Establishment ofRHMBADC . The Regional Hawdous Materials ASlociation of Arapahoe Douglu Counties ("RHMBADC") is hseby established u a NpU'atC aovemmentaJ entity, -,. - lff-UCNM -,wa .. t .· .. ..• .. • • --- in accordance with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-201, et seq., C.R .S . 2. ~-This IGA is entered into for the express purpose of creating RHMBADC and the mutual cooperation between the RHMBADC Members for lwardous substance planning under EPCRA and Sections 24-32-2601, et seq., C.R.S . (LEPC function), and in the event of the occurrence of lwardous substance incidents it is intended to provide for the planning and initial emergency action necessary to minimize the effects of the lwardous substance incidents under Article 22 ofTitle 29, C.R.S . (DERA function). The RHMBADC Members have entered into this IGA and agree to participate in RHMBADC in reliance upon the rights, obligations and immunities conferred upon them by these statutes. In pursuing its LEPC and DERA support functions, RHMBAOC shall exist for the purposes of coordinated planning, information management and reporting, training, education, coordination, rapid deployment of qualified personnel and proper equipment for pre-and initial haz.ardous substance emergency action and the financial management necessary to achieve the purposes of the IGA and minimize the effects of lwardous substance incidents within Arapahoe and_Douglas Counties . This IGA is not intended to, nor shall it be construed to, affect or extend the legal responsibilities of any ofRHMBAOC Member except as expressly provided herein; create or extend any legal rights to any person from any RHMBADC Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which may arise as a result of a hazardous materials incident, including claims for reimbursement from persons responsible for hazardous substance incident or from any emergency response funds created under state or federal Jaw . 3. Definjtjons . As used herein the terms "hazardous material incident" and "buardous substance incident" shall be synonymous and shall have the same meaning u provided in Section 29-22-101(2), C.R.S ., as amended from time to time . 4 . Membership . There shall be two categories of membership in RHMBADC . A. OJ,erational Members . Parties to this IGA shall be Operational Members of RHMBADC . Each Operational Member shall name one representative u a full voting member of the Board of Directors ofRHMBADC. Each Operational Member may also designate an alternate for the purpose of attending meetings and voting in the absence of the designated representative . Operational Member representatjves shall comprise the RHMBADC Board of Directon. B. Plannina Members . All other members of RHMBADC shall be designated as Planning Members, with voting privileges limited to issues related to the LEPC function as may be provided in the RHMBADC Bylaws. As required by EPCRA, in its function as the LEPC , RHMBADC shall include representatives ("Planning Members") from the following sroops as such representatives are available, are approved for membership by the Colorado Emqency Planning Commission after nomination to the Arlplboe or Douglas Countxie Board of Commissioners, and aaree to participate u IUIMBADC Planning Members as further provided in the Bylawi: -1- ' ., • • a. elected state and local officials, b. law enforcement, c. civil defense, d. fire fighting, e. first aid, f health, g. local environmental interests, ·• • h. hospital and transportation personne~ I . broadcast and print media, j. community groups, r-:'1 lJ r---, ~___; k. owners and operators of facilities subject to reporting requirements, I. federal, state or local government departments and agencies involved in hazardous materials related activities or emergency planning, and m. persons designated by the RHMBADC Board of Directors, the Arapahoe County Sheriff. the Douglas Countxiet Sheriff, or the Board of County Commissioners u necessary to meet the intent of the EPCllA. 5. Board of Djrectors . A Board of Directors consisting oftbe designated representatives of the RHMBADC Operational Members shall govern the business and affairs of RHMBADC . Officers of RHMBADC shall be elected from among the Operational Members' representatives u provided in the Bylaws. The elected Treasurer ofRHMBADC sbalJ ha~ the primary responsibility of managing the financial resources of RHMBADC with oversight by the Board of Directors u further provided in the Bylaws. 6 . lbJIM. The RHMBADC Board of Directors shall, by a two-thirds (2/3) \'Ole, enact and from time to time amend bylaws ("Bylaws") to govern the organization and oper'llion of RHMBADC . 7. LEPC Authority . RHMBADC Operational Members and Planning Members lhall jointly constitute a subcommittee with the authority and responsibility to fimc:lion u the LEPC for Arapahoe and Douglu Counties pursuant to the EPC1lA and Section 24-32-2604, C.R.S .. Specific LEPC functions required of the subcommittee shall be emunerated in the Bylaws. 8 PERA Responsibilities . Nothing in this IGA shall be deemed to alter the IUlhority of any existing DERA pursuant to Section 29-22-102(3), C.R.S ., except for coordination of COIi reimbursement as described herein . A response by RHMBADC team(s) and equipment to a hazardous substance incident under this Apeement shall be under the opentioaal COllbOI of the DERA, and shall not alter the responsibility of the DER.A in whole jurildiction the incident occurs to command the response . All Parties hereto hereby delepte to RHMBADC their DERA authority to seek COIi reimbunement for buardous aibltanai incidents involving a response by RHMBADC teams or equipment 9 . Cost Reimbursemem . Whenever a response to a hazardous IUbstance incideal involves RHMBAOC team(s) or equipment, the Parties aaree that RHMBADC shall ftmctioa u -4 - ·-,oc,u ..... t .. • • -= 0 coordinator of claims for reimbursement of costs incurred by all responding RHMBADC Members (including the DERA). The Board of Directors shall adopt procedures for preparing and submitting requests for cost reimbursement and allocation of reimbursement revenue . The RHMBADC shall timely submit the coordinated claim on behalf of itself: the DERA and the responding RHMBADC Members . Should such reimbursement proceeds be less than the total costs of all RHMBADC Members (including the DERA) involved in the incident response, reimbursement to all such RHMBADC Members (including the DERA) shall be reduced in a proportionate manner. Unreimbursed costs inaured by RHMBADC team(s) or equipment shall be absorbed by the RHMBADC members involved in the incident . Any reimbursement of costs coordinated by RHMBADC shall follow the rules for reimbursement ("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22-104 (6)(a), C.R.S. Claims for reimbursement shall be submitted to RHMBADC within 15 days following the date the incident scene is declared safe by the DERA. All Parties to this Agreement and all Planning Members, by participating in RHMBADC waive any rights to seek reimbursement for an incident for which RHMBADC has been delegated reimbursement authority, except through RHMBADC, and authorize RHMBADC to settle and compromise any claim for reimbursement following procedures adopted by the Board of Directors. IO. Response Area . It is the intent of the parties that the primary response area ofRHMBADC shall be limited to Arapahoe and Douglas Counties. Upon written agreement signed by two- thirds (2/3) of the Board of Directors, RHMBADC may enter into agreements to provide assistance outside Arapahoe or Douglas Counties. 11 . RHMBADC Response . Whenever the DERA determines that a buardous substance incident within its jurisdiction requires RHMBADC personnel or resources, a request for RHMBADC assistance shall be made . Upon receiving a request for assistance, the RHMBADC Response Team will respond to the location of the buardous substance incident with available and qualified penonnel and equipment . For the duration of the hazardous substance incident, the responding RHMBADC Team(s) and/or RHMBADC Member personnel shall defer to the DERA for designation of Incident Commander. The Response Team will be responsible for mitigating and preventing further danger to life, property, and environment, but will not be responsible for clean up or disposal of hazardous substances . ' -1-2-Funding and Property . Member contributions shall be determined by the standing agreement of the Arapahoe County Hazardous Materials Board for the initial funding in 2002 . The Board 's annual budget will be determined by the Operational Members . Membership contributions shall thereafter be the proportionate share of the annual budget based on assessed valuation . Membership contributions are subject to formal approval by the governing body of each individual Operational Member . The procedures for budgeting, setting contributions and approvals by the governing body of each Operational Member shall be detailed in the Bylaws . It is the intent of the Parties that financial support of RHMBADC functions and equipment , as well as reliance on RHMBADC equipment and expenise , shall be shared among the Parties. Payment of funds or ew,ipmem by Me,nbcn to -'i - RI-MC ICM 11111M t .... • • 12 . 0 RHMBADC shall be considered payment for services provided by RHMBADC. To the extent possible, RHMBADC shall at all times operate u an enterprise pursuant to Article X, Section 20 of the Colorado Constitution . [Will we meet the fflltlliremeals ef le• 111811 I QI!~ ne11 se,·eFflffleatal eefttfil,llliee~] 13 . RHMBADC Response Team. It is anticipated that RHMBADC win respond to incidents will he handled hy throu&h the allwy e!lt8lllished existina :Response Team orpgiW, pursuant to Arapahoe County liaRcdow: Materials Board Amemems between Arapahoe County and other Members. and which consists of individuals from various RHMBADC Members and equipment funded by RHMBADC responding and working as a single unit. 14. Employees of RHMBADC Members. When ·providing any services pursuant to this IGA, including responding to a hazardous materials incident and providing services in furtherance of the EPCRA under this IGA, employees ofRHMBADC Members shall at all times remain and act as employees of their respective RHMBADC Member, subject to the terms of this IGA. RHMBADC Members shall remain responsible for the compensation, benefits and insurance of such employees at all times . 15 . Teoninatjop . Any RHMBADC Operational Member may terminate or withdraw from r ., IGA for any or no reason upon one hundred and eighty (180) days written notice in advance of January l of any year to the RHMBADC Board of Directors. Such written notice shall serve as a formal amendment to this Agn:ement and nepte the need for further amendment. Any dues, donations or other contributions owing at the time of withdrawal shall be paid prior to withdrawal, and any amounts previously paid sball not be reimbursed upon withdrawal from RHMBADC . Any Planning Member may withdraw at any time upon written notice to the RHMBADC Board of Directors, subject to the same reimbunement rights and obligations. 16. Addjtiopa] Ogeratjogal Members . Agencies desiring to join RHMBADC u Operational Members subsequent to ill initial organization shall execute a copy of this Agreement and a separate agreement with the RHMBADC Board of Directors that adheres to the policies and principles herein, and pay 1CCUmulated dues, capital comnllutioni or other uaessments u determined at the discretion of the Board of Directon. Such Asn,ements for Operational Members shall be approved by a majority vote of the of the Board of Directon. Upon delegation of an Operational Member's DERA authority to another entity, such entity shall become an Operation Member upon executing such asreements and approval by the Board of Directors. 17 . Books and Records . The Board shall maintain adequate and correct accounts fegf the tlNliF RHMBAOC funds, properties and business transactions, which ICCOWlls shall be open to inspection at any reasonable time by the parties hereto, their attcmeya, or their aaems . The Board shall cause to be conducted an annual audit, which audit shall be coodncted by an independent accountant licensed to pncaice in the State ofColondo. The Board shall tender a copy of suid audit ~the governing bodies of the respective parties. -(, - ,._/IOC,U IHUII t .· .. ... ,• • • 18. Reports . Within thirty (30) days after the end of each fiscal year .... Jbe ... .:-~Board shall prepare and present to the respective city councils, town boards, boards of directors of the fire districts/departments, boards of county commissioners for Arapahoe and Douglas Counties, a comprehensive annual repon of the Boards activities and finances during the preceding year . The Board shall also prepare and present such report(s) u may be required by law, regulation or contract to any authorized federal, state. or local official(s) to whom such repon is required to be made in the course and operation of the Board. 19 . Governmental Immunity . Nothing in this IGA shall be construed as a waiver of the limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or enjoyed by, any of the RHMBADC Members under common law or pursuant to statute including, but not limited to, the Colorado Governmental Immunity Act. Section 24- 10-101, et seq., C.R.S . and Sections 24-32-2604, et seq., C.R.S. 20 . Worker Compcnytjon and Pension Benefits. Pursuant to Sections 29-S-109, and 29-s ... 110, C.R.S., and this IGA, if any personnel of a responding RHMBADC Member is injured, disabled, or dies as a result of performing services within the boundaries of another jurisdiction, said individual shall remain covered by, and eligible for, the workers' compensation and pension benefits, including disability, death, and survivor benefits, to which the individual would otherwise be entitled if the injury, disability, or death bad occurred within the jurisdictional boundaries of the responding RHMBADC Member. 21 . Prior Aareements . The terms of this IGA shall supenede the terms of any pre-exitting agreements between RHMBADC Members regarding respoues to bulrdous mbltmce incidents and actions or responsibilities under EPCRA, jpcludjpa kvboc Coum,y ttez•atous Materinls 8oprd Aareemema bQ:ecn AJJDlhoe CsNmy 1114 othrr Members ,•eept fer iaeidelltS that de 1181 ....,. the 111i•1111 ef ether RNMIIADC MetMeP.1 er RHMBA9C. This IGA shall not aff'ect or ...,...se any other agreements, including mutual aid agreements between RHMBADC Members except u such 18feement1 relate to-responses to hazardous substance incidents and actions or reaponsa"bilities under EPCRA 22 . Whole Aa,:eement . This IGA embodies the whole asn,ement between the parties reprding responses to hazardous substance incidents and actions or responsibilities under EPCRA, except for incidents that do not require the usistance of other RHMBADC Members or RHMBADC , and there are no inducements, promises, terms, conditions or other obliplions made or entered into by the parties other than those contained herein . 23 . Successors and Assjps. This IGA shall be binding upon the parties hereto, their rapec:1ive successors or assigns. but may not be usigned by any party without the express written consent of the other parties . -1 - ' .· • • 24. Severable . All terms contained in this IGA are severable and in the event that a court of competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such invalid term or condition is not contained herein . 25 . Authoriz.atjon. The signatories to this IGA affirm and warrant that they are fully authori7.ed to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authoriz.e their execution of this IGA have been made. 26 . ,Amendment . This IGA may be amended from time to time by written IGA duly authoriz.ed by all the parties to this IGA. No modification or waiver of this IGA or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 27. No Third Pany Beneficiaries. This IGA does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term. covenant, or condition herein or the breach thereof. 28. Rec;ording . This IGA, or a memorandum of this IGA, may be recorded in the reconts of the Arapahoe and Douglu Counties' Clerk and Recorder . 29. Effective Date This IGA shall be effective upon approval by each of the RHMBADC Operational Members named herein, u evidenced by such duly puled reaolution, ordinance or other appropriate authoriz.ation of each, and the execution oftbis IGA bY, the Operaaiona1 Members' authorized representatives. WHEREFORE, the duly authoriz.ed representatives of RHMBADC Operational Members hereto have executed this Reciprocal Hazardous Material Incident lnlspemmental Agreement effective u of the date and year first written above . Cunningham Fire Protection District Chief Parker Fire Protection District Chief South Metro Fire Rescue Chief Town ofCheny Hills Mayor City of Greenwood Village Mayor Date .R. ••roe• IHfM Town of Larkspur Mayor Arapahoe County Sheriff Douglas County Sheriff Town of Castle Rocle Manager City of Englewood Manager City of Glendale Manager City of Littleton Manager City of Lone Tree Manager City of Cherry Hills Manager City of Sheridan Manager Town of Columbine Valley Manager Skyline Fire Protection District Chief Deer Trail Fire Protection District Chief Strasburg Fire & Rescue Chief Byers Volunteer Fire Depanmerc Chief Date Date Date Date Date Date Date Date • Q. •muc,u .... • .. t • • COUNCIL COMMUNICATION Date November 4, 2002 Agenda Item 10 a ii Subject IGA for Mutual Aid Between Fire Departments INmATEDBY: STAFF SOURCE: Safety Services Department Chris Olson, Director COUNCIL COAL AND PREVIOUS COUNCIL ACTION City Council desires to seek regional cooperation whenever possible, especially in the Denver metropolitan area. In 1990, Council approved a similar agreement between a number of area fire departments for mutual and cooperative aid; an agreement that is currently still in effect RECOMMENDED ACTION It is recommended that Council approve an updated intergovernmental agreement between Englewood and a multitude of other metropolitan and regional fire departments, for the purposes of efficiency, cost effectlveness and rapid cooperation in response to natural and/or man-made disasters or acts of terrorism. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11RED All previous safeguards remain, especially in the areas of cost sharing, liability, and individual fire department operational standards. This updated agreement primarily is intended to reftect changes in the structural components of many of the agencies involved, as well as a desire to reinforce cooperative efforts in an era of increased homeland security needs. FINANCIAL IMPACT None. The normal Englewood Safety Services Fire Division budget should cover all expenditures, except in extraordinary, catastrophic circumstances. UST OF ATTACHMENTS Proposed bill for an ordinance IGA for Mutual Aid Between Fir e D epartments • ' ' • ORDINANCE NO. SERIES OF 2002 .BY AUTHORITY ... f UCED BY COUNCIL ___ ....__, WHEREAS, this intcrgovcmmcntal agreement to provide functions for services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado, is specifically authorized by Section 29-1-203 C.R.S. (1986); and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emergencies may arise in one or another of the jurisdictions of the parties, resulting in greater demands than the personnel and equipment of that party can handle, or emergencies of such intensity may occur that they cannot be handled by the equipment of the party in whose jurisdiction the emergency occun; and WHEREAS, it is in the best interest of each of the parties that it may have service of and from the other parties to aid and assist it in the purpose of fighting fires or responding to other emergencies; and WHEREAS, other parties who provide similar services and maintain similar equipment may in the future desire to be included in this agreement; and WHEREAS, establishment of a mutual aid agreement will serve a public purpose and will promote the safety, security, and general welfare of the inhabitants of the parties. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, THAT: Section I . City Council of Englewood, Colorado, hereby approves the Intergovernmental Agreement for Mutual Aid Between Fire Departments, a copy of which is attached hereto and incorporated herein by reference . Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest said agreement for and on behalf of the City of Englewood. Introduced , read in full, and passed on first reading on the 4• day of November, 2002. Published as a Bill for an Ordinance on the 8111 day of November, 2002. Beverly J. Bradshaw, Mayor AITEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on tint reading on the 4• day of November, 2002 . Louaishia A. Ellis INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID BETWEEN FIRE DEPARTMENTS TiilS AGREEMENT made by and between the following parties: Arvada Fire Protection District, a special district ("Arvada"); Aurora Fire Department, a municipal corporation ("Aurora"); Bennett Fire Protection District, a special district ("Bennett"); Black Forest Fire Rescue Protection District, a special district ("Black Forest"); Boulder Fire Department, a municipal corporation ("Boulder"); Boulder Rural Fire Protection District, a special district ("Boulder Rural"); Buckley Air National Guard, Federal government ("Buckley"); Byers Fire Protection District #9, a special district ("Byers"); Town of Castle Rock, a municipal corporation ("Castle Rock"); Colorado Springs Fire Department, a municipal corporation (''Colorado Springs"); Cunningham Fue Protection District, a special district ("Cunningham"); Denver Fire Department, a municipal corporation (''Denver''); Edgewater Fire Department, a municipal corporation ("Edgewater''); Elizabeth Fire Protection District, a special district ("Elizabeth"); Elk Creek Fire Protection District, a special district ("Elk Creek''); City of Entwood, a municipal corporation ("Englewood"); Evergreen re Protection District, a special district ("Evergreen"); Fairmount Fue Protection District, a special district ("Fairmount"); Cherryvale Fire Protection District, a special district ("Cherryvale"); City of Federal Heights Fue Department, a municipal corporation ("Federal Heights"); Foothills Fire Protection District, a special district ("Foothills"); Franktown Fire Protection District, a special district ("Franktown"); Frederick -Firestone Fire Protection District, a special district ("Frederick"); Genesee Fire Protection District, a special district (''Gcneaee"); Glendale Fire Department, a municipal corporation ("Olendale"); Golden Fire Department, a municipal corpontion ("Golden"); Greater Brighton Fue Protection District, a special district ("Brighton"); Indian Hills Fire Fire Department, a special district ("Indian Hills"); lntercanyon Fire/Rescue, a special district ("lntercanyon"); Jackson #105 Fire Protection District, a special district (Jackson 105"); Lafayette Fire Depanment, a municipal corporation ("Lafayette"); Lakeside Fire Department, a municipal corporation ("Lakeside"); Larkspur Fire Protection District, a special district ("Larkspur''); City of Littleton. a municipal corporation ( .. Littleton"); Longmont Fire Department, a municipal corporation ( .. Lonpxmt"); Louisville Fire Protection District, a special district ("Louilville''); Loveland Fire 1111d Rescue Department, a special district ("Lov~land"); Mountain View Fire Protection District, a special district ("Mountain View"); Nonh fork Fire Protection District , a special district ("North Fork"); Nonh Metro I re Rescue District, a special district ("North Metro"); t • • North Washington Fire Protection District, a special district ("North Washington"); Parker Fire Protection District, a special district ("Parker"); Pleasant View Metropolitan District, a special district ("Pleasant View"); Poudre Fire Authority, a special district ("Poudre"); Sheridan Fire Department, a municipal corporation ("Sheridan''); Skyline Fire Protection District. a special district, ("Skyline"); South Adams County Fire Protection District, a special district ("South Adams"); South Metro Fire Rescue, a special district ("South Metro"); Southwest Adams County Fire District #2, a special district (Southwest Adams"); Thornton Fire Department, a municipal corporation ("Thornton"); Tri-Lakes Fire Protection District, a special district ("Tri-Lakes"); Trumbull Volunteer Fire Department, a municipal corporation (''frumbull"); Wescott Fire Protection District, a special district ("Wescott"); West Metro Fire Protection District, a special district ("West Metro"); City of Westminster, a municipal corporation ("Westminster"); Wheat Ridge Fire Protection District, a special district ("Wheat Ridge"); Woodmoor -Monument Fire Protection District, a special district ("Woodmoor"); WITNESSEfH THAT: WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado are specifically authorized by Section 29-1-203 C.R.S. (1986); and WHEREAS, the parties hereto are each authorized to lawfully provide, establish, maintain, and .operate firefighting and other e~nc·y services; and WHEREAS, each of the parties hereto maintain emergency equipment; and WHEREAS, emergencies may arise in one or another of the jurisdictions of the parties, resulting in greater demands than the personnel and equipment of that party can handle, or emergencies of such intensity may occur that they cannot be handled by the equipment of the party in whose jurisdiction the emergency occurs; and WHEREAS, it is in the best interest of each of the parties that it may have service of and from the other parties to aid and assist it in the purpose of fighting fires or responding to other emergencies; and WHEREAS, other parties who provide similar services and maintain similar equipment may in the future desire to be included in this agreement; and WHEREAS, establishment of a mutual aid agreement will serve . ;>Ub li~ purpose and will promote the safet y, security, and general welfare : the inhabitants ot the parties. 2 ' .. .-. .. i • • NOW THEREFORE, IT IS MlITUALL Y AGREED by and between each of the parties as follows: 1. Provisions of Article 5, Title 29, the Colorado Revised Statutes, as amended, are incorporated herein by this reference. The statute shall control in the event of a conflict between the statute and this agreement. 2. 3. It is understood and agreed that this Agreement would provide for the joint exercise by the parties of the function or service provided herein. but would not establish a separate legal entity to do so, nor would it constitute any party as an agent of any other party for any purpose whatsoever. This Agreement shall provide only for sharing of in-kind services and costs by the parties toward the establishment of a common mutual goal. For and in consideration of the promises of each participating party set forth, each agrees with each of the others that in the event that there are fires or other emergencies in the territory served by one party which are beyond the control of the Fire Department of that party; whether because of use of its equipment at other places, or whether because of the intensity of the emergency or otherwise, each agrees, subject to the limitations herein set forth, to aid and assist the other, by causing and permitting their Fire Department and its equipment to be used in responding to emergencies in the territorial area of any of the others, and the need for such aid and assistance shall be determined by the Fire Department requesting assistance, subject however, to the following limitations: a. Any of the agreeing parties shall be excused from making its equipment or service available to any of the other, in the event of the need of the emergency equipment or need of the personnel of such party within the territorial area of such party or any other party, or their prior use at any place, or in the event that the terms of the article seven apply, which decision of availability shall ~ made by the Fire Department requested to give mutual aid, in the exercise of its sole discretion, which decision shall be final and conclusive. b. It is understood and agreed that each party's perfonnance shall be subject to appropriation of funds by its City Council or other legislative body, and payment of such funds into the treasury of such party. c. Mutual aid response by any party beyond the political boundary of the responding party is hereby deemed to be approved by the respective Executive and Legislative governing bodies and Fire Chiefs of the parties, and such response shall require no further approval by responsible officials of any party, unless this Agreement is later modified through an Amendatory Agreement to require same. 3 " ' .. • • • • 4 . Each party shall, at all times, be responsible for its own costs incurred in the performance of this Agreement, and shall not receive any reimbursement from any other party, except for third party reimbursement under Article 9. 5. The extent of the mutual aid period, (as measured from the time of dispatch for request of mutual aid) will be 12 hours unless extended by an additional agreement between parties. 6. Each party to the extent permitted by law, waives all claims and causes of action against all of the other parties for compensation (except as set forth in Article 9, below), damages, personal injury or death occurring as a consequence, direct or indirect, of the performance of this Agreement 7 . Each party shall be expected to maintain its equipment and organize its emergency response method with both personnel and equipment to the degree necessary to cope with the ordinary and routine emergencies arising within its boundaries and for which the party is organized. No party shall expect any other to respond to emergency calls where the emergency arises due to a failure to organize available personnel or maintain equipment in proper working order and in sufficient quantity to meet the respective demands of the persons and property within each of the parties' respective jurisdictions. 8. Each party agrees to allow any other municipal or quasi-municipal fire department to join in this Mutual Aid Agreement after formal approval by its governing body and notification of such action to each of the other parties to this Agreement Each party shall execute such amendments. u may be necessary in the future to accommodate the joining of new parties to the Agreement, without change of any other terms or conditions of the Agreement. 9. Each party agrees that, for each call occumng within its jurisdiction, for which it has requested mutual aid, it will reasonably punue any and all legal reimbursement possible, pursuant to stare or federal laws, including but not limited to reimbursement for hazardous materials incidents, occwring within its jurisdiction, on behalf of all parties responding and, upon full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to usisting parties hued on their relative documented expenses for the involved incident 10 . Nothing contained in this Agreement, and no perfomwice under this Agreement by personnel of the parties hereto shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of workers ' compensation or their benefits or entitlements, pension, le vel s or types of trai r ing , internal disci pline, certification. or ranlt procodurn, methods, or ca&e gorics, or fo r an y purpoae. or condition or requirement of 4 • • employment. Workers' Compensation Coverage shall be as structured in C.R.S. 29-5-109. 11. It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 12. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law, the Charters of the various parties, and the ordinances and regulations enacted pursuant thereto. 13. This Agreement shall be binding upon the successors and assigns of each of the parties hereto, except that no party may usign any of its rights or obligations hereunder, without the prior written consent of all of the other parties. 14. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of the named parties that any person other than the named parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 15. Any party hereto may terminate this Agreement with or without cause upon thiny (30) days prior written notice to each of the others. 16. This Agreement shall be executed in fifty-three (53) counterparts, each of which shall be deemed to be an original of this agreement. 17 . Various panics to this Agreement may be panics to previously existing Mutual Aid Agreements which are more detailed and specific than this Agreement. In such an event, any pre-existing Mutual Aid Agreements and the terms thereof, between any of these panics shall be considered the primary agreement between those panics and shall have priority o, er this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement of this ______ day of , 2002. 5 ' • • CITY OF ENGLEWOOD BY: _____________________ ,,Mayor AND: ----------------------'' Director, Safety Services APPROVED AS TO FORM: ------------'' City Attorney -~NO._.f S ESOF 2002 BYAUTHORITT COUNCIL BILL NO. SO INTRODUCED BY COUNCIL MEMBER GRAZULIS d ~NCI! 1'mNO TH! TAX LEVY IN MILLS UPON BACII DOU.Al. a, THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Ruic Cbancr and Colorado Revised Statutes, to make the annual levy for City purposes; and WHEREAS, the City Council bu duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies as hereinafter set forth, arc proper and wise; and WHEREAS, the following levies arc permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ectjop l . That there be and hereby is levied for the year of 2002, due and payable as required by statute in the year 2003, a tax of S.880 mills on die dollar for die General Fund of the City of Englewood, Colorado, and 1.890 milll on die clollar for die General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hcreinabovc set forth shall be levied upon each dollsr of die aSICllcd valuation of all taxable property within the corporate limits of the City of Enslcwood, Colorado, and the said levy shall be certified by law. Introduced, read in full, and passed on first reading on the 21" day of October, 2002. Published as a Bill for an Ordinance on the 2S'b day of October, 2002. Read by title and passed on final reading on the 4•k day of November, 2002 . Published by title as Ordinance No . __ , Series of 2002, on the a" day of November, 2002. ATTEST : Beverly J. Bradabaw, Mayor Loucrishia A. Ellis, City Clerk -1- I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by u,,.: as Ordinance No. _. Series of 2002. Loucrisbia A. Ellis -2 - CENO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO . 51 INTRODUCED BY COUNCIL MEMBER GRAZULIS AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2003 . WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2003 was duly submitted by the City Manager to the City Council on September 13, 2002; and WHEREAS, a public bearing on the said budget will be held by the City Council within three weeks after its submission at the meeting of the City Council on October 7, 2002 . Regular notice of the time and place of said hearing will be published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood bas studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2003 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. That the budget of the City of Englewood, Colorado, for the fiscal year 2003, as submitted by the City Manager and duly comicleml by the City Council after public bearing, be and hereby is adopted as the budpt for the City of Englewood for the fi scal year 2003 . Section 2. GENERAL FUND Total Fund Balance, January 1, 2003 Revenues Sales/Use Tu. Property and Specific Ownership Tu. Franchisc/Occupalion/Ciprenc Tu. Llcensc/Pmnits lntcrJOvemmental Revenue Owaa for Services Cultural & Recreation Fines & Forfeitures Miscellaneous Total Revenues Other F1nancin1 Sources Total Source of Funds -1- 2003 BUDGET S S,949,165 23,796,706 2,810,000 2.427,190 690,075 1,418,464 1,909,833 1,319,915 l.06S,7SO 304.100 S 35,742,033 UJ6]9 S 35,193.672 • • Expenditures Legislation City Attorney's Office Municipal Court City M&1111ger's Office Human Reaoura:s Finance and Administrative Services Information Technology Public Works Safety Servict.s Community Development Library Services Parks and Recreation Services Contingencies Debt Service Total Uses of Funds Total Fund Balance, December 31, 2003 Section 3 DEBT SERVICE FUNDS Geoml Obligation Bond fund Fund Balance, January 1, 2003 Reven11es Expenditures Fund Balance, December 31, 2003 Paxins Dj1gjc1 f35 Fund Balance, January I, 2003 Revenues Expenditures Fund Balance, December 31, 2003 faying P1slric1 f37 Fund Balance, January I, 2003 Revenues Expenditures Fund Balan ce, December 31, 2003 Payjng District #38 Fund Balance, January I, 2003 Revenues Expenditures Fund Balance , December 31 , 2003 -2- 2Q03BUDGET 422,422 748,529 143,178 675,707 658,752 1,642,549 1,423,199 4,922,374 15,385,463 1,910,528 1,286,221 4,671,443 309,800 1875988 $ 36,776,153 $ 3,621,614 s <29,214> s 782.000 s 739,143 s 13,643 s <118,178> s 38,340 s 30,600 s <110,438> s 291 s 3,253 s 3,523 s 21 $ 6,728 s 75,579 s 81,SOO s 807 ~ SPECIAL REVENUE FUNDS 2QOJBUQGET Conserv111.i11D Il:wil EIIIIII Fund Balance, January 1, 2003 s 97,420 Revenues s 315,640 Expenditures s 345,000 Fund Balance, December 31, 2003 s 68,060 Cammnrial Blixglii01 I.QIII Ewad Fund Balance, January l, 2003 s 178,TI6 Revenues s 8,000 Expenditures s 25,700 Fund Balance, December 31, 2003 s 161,076 Cmamuniix D.riBl'2DITN!n1 fllDd Fund Balance, Januuy I, 2003 s -0- Revenues s 150,000 ~ Expenditures s 150,000 Fund Balance, December 31, 2003 s -0- DggpPµpd Fund Balance, January 1, 2003 s 287,275 Revenues s 144,.500 Expenditures s 148,400 Fund Balance, December 31, 2003 s 283,374 S1:1.1i11D ~ CAPITAL PROJECT FUNDS fllblil; lmll1ll~IDl:D1 fllllli Fund Balance , January l , 2003 s <30,022> Revenues S 2,944,089 Expenditures and Transfers S 2,170,600 Fund Balance , December 31, 2003 s 743,467 Cil&lilil fmi1:1.11 l:111111 Fund Balance, Januuy l, 2003 s 506,805 Revenues and Transfcn In s 90,000 • • Expcnditurcs s Fund Balance, Dccembet-31 . 2003 s 596,805 -3- 2Q03QUDGET RccJ:ea!ion QoO!I Fupd Fund Balance, January I, 2003 s 67,000 Revenues s 75,000 Expenditures s 142,000 Fund Balance, December 31, 2003 s Sc;ction 6 INTERNAL SERVICE FUNDS Sqyjccnq;r Fund Fund Balance, January I, 2003 S 1,571,428 Revenues s 1,504,556 Expenditures s 1,615,029 Funds Balance, December 31, 2003 s 1,460,955 Cimlll f.llllil!JD'PI B,11111.1:IZDI EIIPII Funds Available, January I, 2003 s 770,660 Revenues s 881,749 Expenditures s 690,126 . Fund Balance, December 31, 2003 s 962.283 Bilk Manag;own fuwl Fund Balance, January I, 2003 s 200,032 Revenues s 1,000,000 Expenditures s 1,102,241 Fund Balance, December 31, 2003 s 97,791 Emplo,yec; Jk¥fits fund Funds Balance, January 1, 2003 s ~66.441 Revenues S 4,375,805 ,1 Expenditures S 4,521,465 Fund Balance, December 31, 2003 s 20 ,780 Ses;tioo 7 ENTERPRISE FUNDS 2Q03BUDGET WalC(Fund fund Balance, January l , 2003 S 3,696,051 Revenues S 5,595,179 Expenditures S 7,381,944 fund Balance, December 31, 2003 S 1,909,286 • Sewer fund Fund Balance, January 1, 2003 $19,884,495 Revenues $ 7,474,600 Expenditures $12,634,828 Fund Balance, December 31, 2003 $14,724,267 • Stoon PAiDIIC Fund Fund Balance, January 1, 2003 s 752,406 Revenues s 349,000 Expenditures s 404,111 Fund Balance, December 31, 2003 s 697,295 Golf Counc Fund Fund Balance, January 1, 2003 S 1,125,675 Revenues S 2,052,000 Expenditures S 2.516,Q73 fund Balance. December 31, 2003 s 661,602 Conca:tc Utility fund Fund Balance, January 1, 2003 s 591,395 Revenues s 548.250 Expenditures s 716,065 fund Balance, December 31. 2003 s 423.581 Ho111io11 Br:b1bili\llioa Fund Fund Balance , January 1, 2003 s 1,615.539 Revenue s s 1,062.000 • • Expenditures s 1,1)62.000 Fund Balance , December 31. 2003 s 1,615.539 -5-. ~ FIDUCIARY FUNDS 2003BUDQET Maney Ccnr,;r Trust fuml Fund Balance, January 1, 2003 s 384,231 Revenues s 15,000 Expendilllres s 300,000 Fund Balance, December 31, 2003 s 99,231 Pvil MIi Rc<;rc.atjgn Trust fund Fund Balance, January 1, 2003 s 166,345 Revenues s 14,000 Expendilllres s 10,000 Fund Balance, December 31, 2003 s 170,345 Saa:ial AISIIIDGIII Slllld111 & Dli&is=m.x EIIIII Fund Balance, January 1, 2003 s 185,603 Revenues s 19,373 Expendi111res and Transfers s .50,925 Fund Balance, December 31, 2003 s 154,051 Scctjon IQ. 1bat the said budget shall be a public record in the office of the City Clerk and shall be open IO public inspection. Sufficient c:opiea thereof lhall be made available for the uae of the City Council and the public, the number of copies IO be dclennined by the City Manager. Introduced, read in full, and puacd on first reading on the 2111 day of October, 2002 . Published as a Bill for an Ordinance on the 25th day of October, 2002. Read by title and passed on final reading cm the 4•• day of November, 2002. Published by title as Ordinance No . ___ , Series of 2002, on the B'" day of November, 2002. Beverly J. Bradshaw, Mayor ATTEST : Louchrishia A. Ellis, Ci1y Cleric -6- • I, Loucrisbia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby c~rtify that the above and foregoing ia a true copy of the Ordinance passed on final reading lbc published by title as Ordinance No . __ , Series of 2002. Loucrishia A. Ellis -7- OtlDOIANCE NO._ I S!RlES OF 2002 BY AUTHORITY COUNCIL BILL NO 52 INTRODUCED BY COUNCIL MEMBER GRAZULIS AN OllDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES t IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR 8ll8INIIIINO JANUAB.Y 1, 2003, AND ENDING DECEMBER. 31, 2003,f CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2003 . WHEREFORE, City Council and staff held a 2002 bud et and goal setting meeting on June I, 2002; and WHEREFORE, a public bearing on the Proposed 2003 Budget was held September 16, 2002 and continued to October 7, 2002; and WHEREAS, the operating budgets and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 28, 2002 with follow-up of changes and other proposals wu done at a study session on October 7, 2002; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the fint day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . That there be and there hereby is appropriated from the revenue derived from taxation in the City of Enalewood, Colorado, from collection of license fees and from all other sources of revenue includina available fund balance durina the year beginnina January I, 2003, and endina December 31, 2003, the amounts hereinafter set fonb for the object and purpose specified and set opposite thereto, specifically u follow s : -1- IOb• t • • Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources GENERAL FUND Finance and Administrative Services Information Technology Public Works Safety Services Community Development. Library Services Parks and Recreation Services Contingencies Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund PAVING DISTRICT #37 DEBT SERVICE FUND Total Paving District #37 Debt Service Fund CONCRETE REPLACEMENT msmcr 129s Total Concrete Replacement District 1995 PAVING DISTRICT #3S DEBT SEllVICE FUND Total Paving District #35 Debt Service Fund PAYING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund CONSERVATION DUSI FUND Total Conservation Trust Fund -2- S 422,422 748,529 143,178 675,707 658,752 1,642,549 1,423,199 4,922,374 15,385,463 1,910,528 1,286,221 4,671,443 309,800 1,579,410 296,578 S 36,776,153 S 739,143 s 3,523 S 4,300 S 30,600 S 81,500 S 345,000 • • COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORS FUND Total Donors Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund RECREATION BOND FUND Total Recreation Bond Fund SERVICENTER FUND Total ServiCenter Fund CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMlLQYEE BENEFITS FUND Total Employee Benefits Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund -3 - S 2S,700 $ lS0,000 $148,400 $2,170,600 $ 142,000 $ 1,615,029 $ 690,126 $ 334,125 $ 1,102,241 $4,521,465 $7,381,944 $12,634,828 • • STORM DRAINAGE FUND Total Storm Drainage Fund GOLF COURSE BJND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund MALLEY CENTER TRUST FUND Total Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 404,111 $2,516,073 $ 716,065 $1,062,000 $ 300,000 $ 10,000 $ S0,925 Sectjon 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line items within any poups, even though such line items may be set forth as the adopted IJudaet for the fiscal year 2003. Scctjon 3. All monies in the hands of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2003, may be applied on the outstanding claims now due or to become due in the said fiscal year of 2003. Scctjon 4. All unappropriated monies th ~t may come into the bands of the Director of Finance and Administrative Services during he year 2003, may be so distributed among the respective funds herein as the City (. uncil may deem best under such control as is provided by law . Scctjon S. During or at the close of the fiscal year of 2002, any surplus money in any of the respective funds, after all claims for 2002 apinst the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council . Introduced, read in full, and passed on fint readin1 on the 21Slday of October, 2002. -4- '! • • Published as a Bill for an Ordinance on the 25th day of October, 2002. Read by title and passed on final reading on the 4•b day of November, 2002. Published by title as Ordinance No. __ , Series of 2002, on the s•b day of November, 2002. Beverly J . Bradshaw, Mayor ATTEST: Loucrisbia 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 the Ordinance passed on final reading and published by title u Ordinance No. _, Series of 2002. Loucrisbia A. Ellis -5 - QljlNMICI NO._ mft!S OF 2002 BY AUTHORITY COUNCIL BILL NO SS INTRODUCED BY COUNCIL MEMBER WOLOSYN AN. OIDINANCB ADOPTING Tim BUDGET FOR TBS Ll'l'TLBT()N/ f EtirotEWOOD WASTEWATElt TREATMENT PLANT FOR THE FISCAL YEAR 2003. WHEREAS, pursuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2003 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on September 13, 2002 and submitted to the City Council; and WHEREAS, a public bearing on said budget was held by the City Council within tbrcc weeks after its submission at the meeting of City Council on September 16, 2002 and continued at the meeting of City Council on October 7, 2002, regular notice of the time and place of said bearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordi na.ucc; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, bas studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2003 budget for the Littleton/Englewood Wastewater Treauncnt Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. That the budget of the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2003, as submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly considered by the City Council after public bearing, be and hereby is adopted as the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2003, as follows: Ljttteton/Englewood Wastewater Treatment Plant Fund Balance -January I, 2003 Revenues Expenditures Fund Balance -December 31, 2003 S 115,674 16,730,351 16,730,351 115,674 Section 2. That the said budact as acccptcd shall be a public record in the Office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the n..mber of copies to be determined by the City Mana,er. -1- • • Introduced, read in full, and passed on first reading on the 21st day of October 2002 . Published as a Bill for an Ordinance on tbe 25th day of October 2002. Read by title and pused on final reading on the 4•b day of November, 2002. Published by title as Ordinance No. ___, Series of 2002, on the s•b day of November, 2002. ATTEST : Beverly I . Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and forqoing is a tJUe copy of the Ordinance pused on final reading and published by title as Ordinance No. __, Series of 20002 . Loucrishia A. Ellis -2- ' • QIDINANCE NO. -A SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO 56 INTRODUCED BY COUNCIL MEMBER WOLOSYN AM oaDINANCE APPttOPRIATIN'O MONIES FOR THB LITILBTON/ f ENGLEWOOD WASTEWATER TREATMENT PLANT PU&POSBS IN THE RICAL Yl!All l!ll!OINN1NO JANUAltY 1, 2G03, AND ENDING DECBMBBI. 31, 2003, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION 'al. POil TRI! FISCAL Yl!All 2003. t WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Waste Water Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility arc ovenccn by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Wute Water Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Waste Water Treatment Plant bu its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee approved the followina u tbc 2003 budget at the August IS, 2002 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon I. That pursuant to the Littleton/Englewood Waste Water Treafmcnt I Plant agreement, there be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wastew~ier Treatment in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant fund including available fund balance during the year beginning January I , 2003, and ending December 31, 2003, the amounts hereinafter set fonh for the object and purpose specified as follows: Total Littleton/Englewood Wastewater Treatment Plant Fund S 16,730,351 Introduced, read in full, and passed on first rcadina on the 21st day of October 2002. -1- ..• Published as a Bill for an Ordinance on the 25th day of October 2002. Read by title and passed on final reading on the 4•b day of November, 2002. Published by title as Ordinance No . _, Series of 2002, on the 8'' day of November, 2002. ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2002. Loucrisbia A. Ellis -2- • ANCBMO. SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. S7 INTRODUCED BY COUNCIL MEMBER WOLOSYN WHEREAS, the City currently owns properties which or currently or are suitable for renting; and WHEREAS, the Englewood Housing Authority has a professional staff and can provide property management services for the City; and WHEREAS, the City '8d Englewood Housina Authority wish to enter into an interpvemmental qreement by which the Englewood Housina authority will provide professional property management services for the listed properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . The City Council of tbe City of Englewood. Colando hereby authorizes tbe City of Englewood. Colorado, to cater into tbe lnterpvermnental Apeement entitled "Manqemc:nt Apeemenl" with tbe EnaJewooc1 HouaiDa Authority, a copy of which is marked as "Exhibit A" and attacbed hereto. Sectiqp 2. The Mayor and tbe City Clcrt are hereby authorized IO sip and lltelt said lnteraovemmental Apeement on behalf of tbe City of Enalewood. Introduced, rad in full. and puscd on tint n:adina on the 21• day of October, 2002 . Published as a Bill for an Ordinance on the 25th day of October, 2002. Read by title: and passed as final radina on the 4" day of November, 2002 . Published by title as Ordinance No. __ , Series of 2002 , on the 8'' day of November, 2002 . ATTEST : Beverly J ........ ...,. Loucrishia A . Elli , City C lcrt -1- I, Loucrishia A . Ellis, City Clerk of the City of Enalewood, Coloradoil~by certify that the above and foregoing is a true copy the Ordinance passed on final reading and published by title u Ordinance No. ___, Series of 2002 . Loucrisbia A. Ellis -2- • OllDINANCE NO . _· _ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. S8 INTRODUCED BY COUNCIL MEMBER GRAZULIS AN OIU>INANCB AMENDING 1111.B 4, SECTION 4, CHAP'l'Bll 4, SU8SBC'l10N 7, PARAGRAPH C, OF THE ENGLEWOOD MUNICIPAL CODE 2000 TO REDUCE Fl!IIS llBTAINBD BY VBNDORS ON SALES TAX llfflJR.NS. ,. WHEREAS, City staff recommended reducing the fee retained by the vendor on sales tax returns from one and six-tenths percent (1.6%) of the amount to be collected by the City to one-half percent (0.5%); and WHEREAS, the proposal regarding vendor fees was discussed wi .'1 City Council at the preliminary review of the 2002 Budget on September 9, 2002; a, d WHEREAS, City Staff met with members of Alliance for Commerce in Englewood (ACE) on October 10, 2002, and members of ACE voted to reconu ,end City's proposal with a review in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ENGLEWOOD, THAT: Sectjon I. The City Council of the City of Englewood, Colorado, hereby authorizes amending Title 4, Chapter 4, Section 4, Subsection 7, Paragraph C, to read as follows : ~7: ·Sales Tax Retuna! C. The return shall be accompanied by an amount equal to the sales tax required to be collected by the retailer but which, in no cue, ahall be lea than the amount actually collected, nor less than three and one-half percent (3.5%) of the figure derived by subtracting from the gross taxable sales, as reflected on the return, the total sales described in subsection 82, 3, 4 and S above, as reflected on the return ; provided , however, the retailer may deduct from the total tax due an amount equal to e11e end !ill tenth! pe,ee11t (1 .,,,) one-half percept rn S%} of the sales tax required to be collected, which may be retained by the retailer u a fee for collecting said tax . If the return or the tax remittance is filed later than the twentieth day of each month or as prescribed by the director, the 11111 •d 1iJt teHths peree11t (I ."") one-half percent (0 .S%) vendor's fee allowance shall be forfei ted and added to the amount of the deficiency . Section 2. Safety ctauses . The City Council hereby finds, determines, and declare s that this Ordinance is promulaated 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 protect ion of publ ic convenience and welfare . The City Council funbcr -1- .. ' .. -· .. .. • • determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. S~ Severabjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumatances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 Inconsistent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon S. Effect of n;peal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incuned under sucb provision, and each provision shall be treated and held u still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of sustaining any judpient, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in ftall, and pused oo fint rcadina oo the 21 • day or Oclober 2002. Published u a Bill for an Ordinance on the 2Sth day or October 2002. Read by title and pused on final readin1 oo the 411t day of Novanber, 2002. Published by title u Ordinance No. __ , Series of 2002, oo the ... day or November, 2002. ATTEST : Beverly J . Bradshaw, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colondo, hereby cenify that the above and foregoing is a true copy of the Ordinance pused on final reading and published by title u Ordinance No. _, Series or 2002. Loucrilbia A . Ellis -2- • • COUNCIL COMMUNICATION Date Agenda Item Subject November 4, 2002 10 Ci Resolution Transferring Funds from the Capital Equipment Replacement, Public Improve- ment and Capital Projects Funds to the General Fund Initiated By I Staff Source Department Of Finance and Administrative Services Frank Gl'Ylllewicz. Director COUNOL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2002 Budget and Goals setting meeting on June 1, 2002. A preliminary review of the budget was done on September 9, 2002. City staff submitted the budget. to the City Council on September 13, 2002. A public hearing regarding the Proposed 2003 Budget was held on September 16, 2002 and continued to October 7, 2002. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 28, 2002, and follC>w-tJp of changes and other proposals was done at a study session on October 7, 2002. RECOMMENDED ACTION Staff recommends Council approve the attached resolution transferring funds from Public Improvement Fund (PIF) and Capital Projects Fund (CPF) to the General Fund BACKGROUND, ANALYSIS, AND ALHRNA11\IES IDENTIFIED The City of Englewood has experienced a reduction in revenues during the current economic downturn resulting in a reduction of undesignated/unreserved fund balance. To increase the General Fund reserves, staff and City CoL\llcil agreed to transfer unreserved/undesignated funds from the PIF and CPF in 2002. The PIF funds were made available by reducing or eliminating funding for some projects, and other projects were funded using bond proceeds. Sources and Uses of Funds: CAPITAL EQUIPMENT REPlACEMENT FUND: Source of Funds: Unreserved/Undesignated Fund Balance Ute of Funds; Transfers Out to General Fund PUBLIC IMPROVEMENT FUND: Source of Funds; Unreserved/Undesignated Fund Balance UseofFunm; Transfers Out to General Fund CAPITAL PROJECTS FUND: Source of Funck; Unreserved/Undesignated Fund Balance Use of Funck; Transfers Out to General Fund GENERAL FUND: Source o( Funck; Transfers in From CERF Transfers In From Public Improvement Fund Transfers In From Capital Projects Fund Useo(Fynds; Unreserved/Undesignated Fund Balance t'INANCIAl IMPACT $41,152 $41,152 $300,000 $300,000 $425,000 $425,000 $41,152 $300,000 $425,000 $766,152 The Capital Equipment Replacement Fund reserves will be reduced $41,152. The Public Improvement Fund reserves will be reduced $300,000. The Capital Projects Fund reserves will be reduced $425,000. Th e General Fund reserves are increased $766,450. LIST OF AlTACHMENTS Pro posed reso lution • A-.vnotf ftANSl'IIIIUNO PUNDS PIOM 'l'IIB~~ lm'LA,CIIMBlff, I PUJjtiC IMPROVEMENT AND CAPITAL PROJECTS FUNDS TO TRI! Ol!l'W!IAL PUNI>. WHEREAS, the City of Englewood has experienced a reduction in revenues during the cunent economic downturn resulting in a reduction of undesignaled/unreserv fund balance; and WHEREAS, to increase the General Fund reserves, staff and City Council agreed to transfer unreserved/undesignaled funds from the Public Improvement Fund and Capital Projects Funds in 2002; and WHEREAS, the Public Improvement Fund funds were made available by reducing or eliminlling funding for some projects. and other projects were funded uaing bond proceeds . NOW, TifEREFORE, BE IT RESOLVED BY 1lfE CITY COUNCll. OF nlE CITY OF ENGLEWOOD, COLORADO, 1HAT: ~-The City of Englewood 2002 Budget is hereby amended as follows : CAPITAL EQUIPMENT REPLACEMENT FUND: SoPrcc or runde; UH of fuau; Transfers Out to General Fund PUBLIC IMPROVEMENT FUND: So,rcc gt fn1U; Unrescmd/Undelipaled Fund Balance UH of ruau; Transfen Out to General Fund CAPITAL PROJECTS FUND: Source or fupd•; Unreserved/Undesignaied Fund Balance uu of fupu; Transfers Out to General Fund GENERAL FUND: Source or fypp· Transfers In From CERF Transfers In From Public Improvement Fund Transfers In From Capital Projects Fund Uu or fuada; Unreserved/Undesignaicd Fund Balance S 41,152 S 41,152 $300,000 $300,000 $425,000 $425 ,000 S 41.152 $300.000 $425,000 $766,152 • • Section 2 The City Manager and lhe Director of Finance and Administrative Services are hereby authorized ro make lhe above changes in lhe 2002 Bud,et of the City of Englewood. ADOPTED AND APPROVED this 4'" day of November, 2002. ATI'EST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A Ellil, City Clerk of the City of Englewood, Colorado, hereby certify thal tbe above and foregoin1 is a true copy of Resolution No. ~ Series of 2002. Loucriabia A. Ellis COUNCIL COMMUNICATION Date November 4, 2002 Initiated By Agenda ltet? . 1t . Staff Source Subject Eftll•n•od Public Library's 13th Annual .,. .., ,... Proaram Library Department Hank Long, Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this program for the past 12 years, and each year the City Council has voiced their continued support of the program. RECOMMENDED ACTION The Library Department recommends City Council approval 4t implement its annual "Food for Fines• program from Monday BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED For the past 12 years, the Englewood Public Library has sponsored its ·Food for Fines" program during the November/ December holidays. This annual program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items, e.g. one food hem cancels out the late charges (not lost or damaged charges) on one oyerduc hem-Food items must'be presented to the Library Staff at either the Circulation Desk or at the Bookmobile in order for the fines to be deared from the patron's computer record. The collected food items are then forwarded to Interfaith Community Services for their •food bank" distribution to financially disadvantaged families in the Englewood area This program has been warmly received by the public since its inception, and Library patrons now look forward to it. Besides providing resources to needy families in this community, the program presents a positive image of the Library and the City, i.e. a •win-win" situation for everyone involved. The 2002 program will run for five weeks. FINANCIAL IMPACT • In 2001, the Library collected an estimated $2,000 (n non-perishable food items for the Interfaith Food Bank for a approximate total of $14,000 since the inception of the program. • The Library averages $1 ,200-$1 ,500 per month in collected ·late charges " (i .e. charges on books and other items returned past their due date and past the 3 day grace period). This money goes into the City's General Fund . • During this same "food for Fines" period for the past few years, the amount of overdue fines averages $800- S 1,000 which means that the City will again lose approximately $200-$500 in overdue charges during this year's ·Food for Fines· program. UST Of AITACHMENTS None . ·II. .,. • .. t COUNCIL COMMUNICATION November 4, 2002 Fencing , Date Agenda Item I Subject INmAlfDBY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL COAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION ~ lllfl"MI ~ motion, of lhe bid for the Mc:Lellan Resavolr Fencing. I BACKGROUND, ANALYSIS, AND ALlflNAllVES IDENTIFIED Mclellan Reservoir, because it is an important Englewood water source, is closed to the public and posted . Even with such prominent posting. trespassing incidents are becoming more frequent and are expected to increase with increasing development. To deter trespassers and protect water quality, it is proposed that 2,600 lineal feet of 8-foot chain link fencing be installed. The fencing will be galvanized-finished steel, color- coated brown, to match the existing fence to aesthetically blend in with the surrounding area. The fence installation will begin at the east side of the entrance gate and proceed eastward along the general direction of W . County Line Rd. and terrninate at the Highway Department guardrail over the bridge. Also approximately 200 feet of fencing is to be installed on the northeast comer of the property near the Highline Canal. All fencing will be located 6~ inside the property line. The quote includes a 12' gate at the entrance. FINANCIAL IMPACT A bid opening was held on September 5, 2002 and one bid was received : s.loc:k Fence Contractor $76,000.00 , Steelock meets the specifications and is the recommended low bidder at the budgeted amount. The Utilities Department budgeted SS0,000 in the 2002 Budget for this project with $2,500 being required for a boundary survey, leaving $47,500 for fencing. Originally the bid specified 4,000 feet of fencing. but with the amount budgeted, Ste eloc k has agreed to install 2,600 feet for $47,500. LIST OF ATTACHMENTS Bid Proposal Tabulation • • City of Englewood Bid Tabulallon Sheet Bid Opening Date: September 5, 2002 10:00 a.m. ITEM BID: McLELLAN Rwrvolr Fencing Bid Mclellan Vendor Tolal All S-.0,, Fence Co P.O.BoJrl»f NOMIPOI- E . Co. atlflO S...,Lodr ao9 AdafflN SfrNf • 73,141.0I • 73,141• Demw,Co. .. ,, Elt:M hnoe A Supply 2'55 S v ... NOMIPONle a.,_.,co.aa:u, I lloundaly ,=.,,. I 1256 Souffl J..«t SflNI NOREIPONle o.n-. Co. 111223 I TeiraC~hnoe I Att:8'"" NOMIPOI• no Soufftland Roed Bumef, Tir 711ff .. Spllt Rall Fence Company Att:Ted,.._.._. NOIIIIPOI- IOU Brendon """9 lffllefon, Co. atl1JI IEsldot9 .._ a Son8 Att:Esldot911Nr .,. NH Sou#I Ollfura SfrNf ~Co.atlfMI ... ·I I J . MEMORANDUM TO: FROM: DATE: SUBJECT: Council Member Douglas Garrett Sue Carlton Bradshaw, Executive Assistant November 4, 2002 Brownfields 2002 Conference The Brownfields 2002 Annual Conference will be held in Charlotte, North Carolina on November 13-15, 2002. The City of Englewood will be receiving an award at the conference . Llsted below are anticipated expenses while attending the conference . Registration Air Fare Lodging Meals Shuttle Total None 600.00 350.00 85.00 20.00 $1,055.00 If you need additional information , please let me know. Thanks . 1. 2 . 3 . 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, NOVEMBER 4, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to o,de,.'7;/[J ~ Invocation./)~ Pledge of Allegiance. ~ Roll Call fl~ / dJ<iut' ( IPffiej 5. Minutes . nu.onr,....eeting of Octobe, 21, 2002~ ~ note: If you~ ll diubility Md -.I~_. or plwe ._ Clly olE•aluooll (303-762-2405) lll lelllt 41 houn in MWMCe "'--Mmt'ft-. IINdl4. n..lc )'OIi. t ... .. • • Englewood City Council Agend~ / ~ November 4, 2002 lJ ~ · V Page2 10. Consent Agenda .~,..--, a. Approval of Ordinances on First Reading. i. ii. Council Bill No. 60 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance authorizing an updated Intergovernmental Agreement with the Regional Hazardous Materials Board of Arapahoe/Douglas Counties for Reciprocal Hazardous Material Incident response. STAFF SOURCE: Chris Olson, Director of Safety Services. Council Bill N -Recommendation from the Department of Safety ervices to adopt a bill for an ordinance authorizing an Intergovernmental Agreement for Mutual Aid between metro area Fire Departments. STAFF SOURCE: Chris Olson, Director of Safety Services. b. Approval of Ordinances on Second Reading. mJJ ~ mfl-$- 01J-J-~ ii. iii. iv. J;;/J ~ V. {JI.I{ - mJJ::. ~ vi . Council Bill No. 50, authorizing the 2002 Mill Levy to be collected in 2003. Council Bill No. 51, adopting the 2003 Budget for. the City of Englewood. Council Bill No. 52, appropriating funds for the 2003 Budget for the City of Englewood. Council Bill No. 55, adopting the 2003 Budget for the Littleton/ Englewood Wastewater Treatment Plant. Council Bill No. 56, appropriating funds for the 2003 Budget for the Littleton/Englewood Wastewater Treatment Plant. Council Bill No. 57, approving an Intergovernmental Agreement with the Englewood Housing Authority for property management services. Council Bill No. 58, amending the Englewood Municipal Code to reduce the Vendor Fee from 1.6 percent to .5 percent. c. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution transferring funds from the Capital Equipment Replacement. Public Improvement. and Capital Projects Funds to the General Fund. STAFF SOURCE: Frank Gryglewic:z, Director ol Finance and Administrative Services. Please note: If you haw a 6aliillty and .-41 alllliluy aidl or......, ...... ....,, .. Clly el l1-1wCNNI (303-762-2405) at INlt 41 houn In adw1111C11 elWM11 _.__....a. ..._. ,-. • ' ! • • Engl-ood City Council Agenda November 4, 2002 Pagel ii. Recommendation from the Library Department to approve a motion authorizing the Library's annual ·Food for Fines• program from Monday, November 18 through Friday, December 20, 2002. STAFF SOURCE: Hank long, library Director. iii. Recommendation from the Utilities Department to approve, b)'. motion, the purchase and installation of fencing at Mclellan Reservoir. STAFF SOURCE: Stewart H. Fonda, Director of Utirlties. 11. Regular Agenda. a. Approval of Ordinances on First Reading. .,ff b . Approval of Ordinances on Second Reading. b c. Resolutions and Motions. g- 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. 'f!tl)r The following minutes were transmitted to City Council between October 18 · 31, 2002: • Englewood Planning and Zoning Commission meetings of October 1 and 8, 2002 . . -·• ~-- .• .. . --------· -u 71.. '>--f /Ct/AJl,PfJ-10J11 . ~-. Ip~ ----~ • .. I • .. •· • - . t f)t'ff#J'---_{Yt/J, ----0 ,·. _, ',. _____ :__ - ---......... • • t --------~------------------------------.....__ __ ___ 31(/ --------- ------------------~----------~-•· •