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HomeMy WebLinkAbout2002-11-18 (Regular) Meeting Agenda Packet-- ) .. ,. ... • .. '• ·• • • .. '.·.· .• l . .. .,. ,· ,,; . .. ...... · ..... ~ '' I '. ... t .• .. • ' . t" ~\ • '• • >. . . • "' =· ... . .... .. . ':: •... · ., .... , . ....... · .. . · .. , .. .. ·! . . , -. . . • .. .. •· ........ " ,. . . ~ .. •.,•· . . .. ·.· .. . ... .. .. . .. . Regular City Council Meeting November 18, 2002 . .•. ORD/~60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71 RES0 /1 /.,. /. 100, 101, 102, 103, 104, 105, 106, 107 CJ ·. ... . . ·. ·.• ... ' . .. · ..... ' • .. \, . . •• 0 . It ' ... . . .. • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Novemller 18, 2002 I. CaH to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:32 p.m. 2. lnYOCatloa The invocation wu given by Council Member Nabholz . 3. Pledp of Allepuce (a) Allegiance . Boy Scout Troop 11264 from All Souls School presented the Colon and led the Pledge of Mayor Bradshaw said that was excellent and she offered her tbanb. 4 . RollCal Pre&elll: Absent: A quorum was present. Council Members Nabholz. Moore, Orazulis, Garrett. Wolosyn. Yurchick, Bradshaw None Also present: City Manager Sean 5. Minutes City Attorney Brotzman Assistant City Mana,er Flaha1y City Clerk EIUs Senior Planner Lanp,n. Community De~ Lieutenant Collin&, Safety Services Director Olson, Safety Services Planner I Fruchli . Community Development Director Simpson, Community Developmenl (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 4, 2002. Mayor Bradshaw asked if there were any chanfes or conec:t~. There -none . Vow..-lts: Aye : Nay : Abslain : Motion earned . Council Members Nabholz. Oarrea. Woloayn. Yurc:llick. Oruulis. Bradlhaw None Council MemNr Moore F.nalewood City Council November IS. 2002 Pagel 6 . Scheduled Vlslton (a) Mayor Bradshaw said we are very pleased this evening 10 be honoring the students whose artwork is showcased in the 2003 Englewood Calendar. This is the fourth year we have featured student anwork in our calendar, she said, and the 2003 Calendar also offers a tribute to Englewood's history, as next year marks Englewood's Centennial year. To gather anwork for the calendar, the City held an an contest that was open 10 all students who live or go 10 school in Englewood. We received nearly 200 entries, and sixteen entries were chosen for the calendar. The Museum of Outdoor Arts hosted an exhibit and an Anisls' Reception for the top 50 finalist, including the 16 winners . The calendar art was chosen by a selection panel made up of City Council Members and Englewood's Cultural Arts Commission. I had the pleasure of serving on the selection panel, she said, along with City Council Members Julie Oruulis and Olga Wolosyn; Eric Benoluzzi, Chair of the Englewood Cultural Arts Commission, and Cultural Arts Commissioners Mary Lynn Baird, Kate Dulaney, Darrel Freeland, Janet Moore, Donna Schni11.er, Maggie Stewan. and Ray Tomasso. Kris Friw:he. the Education Coordinator for the Museum of Outdoor Arts, and Molly Maginn from Chicken Lips Comedy also helped with the selection. Choosing just 16 pieces of an 10 include in the calendar, out of the many wonderful entries we received, was not an easy task. She offered her thanks 10 the selection panel for their efforts. I would also like to offer a apecia1 thanks to the Cultural Ans Commission. she said, for their continued enthusiastic support of, and IIS5iS1ance with, the student an calendar project. We will be returning the anists' original anwork this evening. As you can see. we've had the pieces malled and framed . The anists will also receive a certificate of congratulations. Council Member Olga Wolosyn will help me hand out the certificalel and return the anwork this evening. Ms. Wolosyn has been very involved in the calendar project. I would like the artillts to come forward u I call your names. After the recognition, she said, we would like all the anilllS to pther in the lobby outside Council Chambers so we can take a group photograph of I~ artilll with their artwork . Mayor Bradshaw introduced the 2003 Calendar artists . Austin Boyer is a I" grader at Maddox Elementary School. Auain's ablllncl acrylic painting entitled "Ocean Flower" appears on the cover of the calendar. Mayor Bradshaw noced that Austin was unable lo attend, as he was sick. Kayla Eickmann is a 3o1 grader 11 Clayton Elementary School. Kayla's piece "If I Could Fly" appears in fanuary . The piece was inspired by Faith Ringold's story quilts. Kayla came forwud to receive her framed artwork and certificate. She received a round of applause. Corina Zdroik is an 8111 grader al Flood Middle School. Corina · s piece entitled '"tear" (like teardrop) appears in the month of February. This is a tempera portrait in the style of Pablo Picuso . Corina came forward to receive her framed anwork and certificate . She received a round of applause . Katherine Jantz is a 2..i grader at Clayton Elementary School . Katherine's "Wigly Oigly House" appears in March . Katherine came forward to receive her framed anwork and certificate . She received a round of applause. Eric Vorhees is a 4111 grader at Maddox Elementary School . Eric's" African Bull" is a crayon resist drawing inspired by the African tale "Why Mosquitos Buzz in Pfflple'1 Ears ." Hia artwork appears in April. Eric came forward lo receive his framed artwork and certificaie. He received a round of applause . Michael Munds , a 9• grader 11 Englewood Hiah School . Michael's etchina, enritled 1'he Wiae Old Man" appears in May . Michael came forward 10 receive his framed artwork and certificate. He received a round of applause . ., , • • Englewood City Council November 18, 2002 Page3 Justin Glotzbach is a l '' grader at Charles Hay Elementary School. Justin's artwork, a pastel and construction paper piece entitled "The Magic Tree" appears in June . Justin came forward to receive his framed artwork and certificate. He received a round of applause . Mayor Bradshaw noted that we have four artists featured in July. The selection panel couldn't decide which piece to include, she said, so they decided to use all four of these suns crafted with chalk and glue . The four artists arc : Josh Heidrick is a l" grader at All Souls Elementary School. Josh came forward to receive his framed artwork and certificate. He received a round of applauae. Lydia Roscnof is a l" grader at All Souls Elementary School. Lydia came forward to receive her framed artwork and certificate. She received a round of applause . Brenna Sauer is a l" grader at All Souls Elementary School. Brenna came forward to receive her framed artwork and certificate. She received a round of applause . James Marion is a I" grader at All Souls Elementary School . James came forward to receive his framed artwork and certificate . He received a round of applause. Kaylee Cothren is a 4• grader at Clayton Elementary School. Her artwork "King of the Serengeti" appears in August. Kaylee came forward to receive her framed artwork and certificate. She received a round of applause. Dana Diekmeier is a 6• grader at Aood Middle School. Her artwork, "Nothing but Tumble Weeds and Cactuses" is a landscape collage made of torn pieces of painted paper. It appears in September. Dana came forward to receive her framed artwork and certificate. She received a round of appla111e. Tegan Moss is-. lo* grader at Colorado's Finest Alternative Hip School . Her print of an African tribal mask appears in October. Tegan came forward to receive her framed artwork and certificate. She received a round of applause. Jessica Hodges is a 1• grader at Sinclair Middle School. Her artwork, "Dia de los Muertos" is featured in November . Lani Hurd is an 11 • grader at Colorado's Finest Alternative Hip School. Lani's pulel drawin1, "Life After Death" appears in December. Lani came forward to receive her framed artwork and certificate. She received a round of applause. Mayor Bradshaw offered congratulations to all of the students whose artwork is featured in !be Englewood 2003 Calendar. We'd like to offer a very special thanks to the art teachers, the parents. and the grandparents for their support of these talented artists, she said . We allO need to offer a bi&, big lhanb to die local bus inesses who helped sponsor this year 's calendar: Moser Printing, A & B CUiiom Framing, the Museum o f Outdoor Arts, Coloni al Bank, the Greater Englewood Chamber of Cornmcn:c, Community First National Bank , Guys & Dolls, and Corncntone Books . Mayor Bradshaw thanked everyone for coming thi s evening to help us recopize the 2003 Engle'Mlod Calendar Arti sts. Let · s give them all a round of applause. she said . They -all pven a round of applause. Ma)or Bradshaw noced there are calendars available on the table in the back of the room. so please take some home with you and enjoy them thmupouc the comina year . (bl Mayor Bradshaw said Tom Norton. EMl:uliwe Dinlclor of the Colorado Deplnmenl of TralbpOllllt ion was here ton11ht 1o ~ Council with an award ror "S..-i Mo--Tl'llllpOftllion Strate a ~ for Smart Growth" from the ~ .. Astocialion of Sllle Hip-y and Tl'UlpCll1lllioa • • Enakwood City Council November 18, 2002 Page4 Officials. She noted that we also have Jim Zavist. our RTD Representative and Bob Tonsing with us this evening. Mr. Norton said it is really a pleasure for me to be able to present this to you. It was actually even a little bit more fun for me to go to Anchorage, Alaska where the National AASHTO Conference was and I got to collect this, on behalf of RTD and the City. It was my thought that with all of your efforts with the CityCenter Project, it was more deserving to be in the Englewood City Hall, than to be gathering dust in either of our archives some place. We are very proud of the job you have done with the CityCenter Project and incorporating the Light Rail facilities into the program and making it a transportation hub. It was really a rather easy one to put together in terms of a National Award. It is a National Award from the American Association of State Highway and Transportation Officials and you were competing with all 50 states that had numerous entries. This is for a Smart Growth Program that that organization sponsors each year . We are very proud that we' re able to present this to the City of Englewood. I think this is a project that we use that shows what cooperation and transportation development and growth development can do. I would like to have either Mr. Zavist and/or Mr. Tonsing say a couple of words. because they have a lot more to do with the transportation side, in many ways, than we did, as highway engineers working to make all the pieces fit together. Mr. Zavist said I do not have a whole lot to offer, as my predecessors were the ones who actually did the work on this. I'll let Bob Tonsing address Council because he has been on the Board a lot longer than I have. He offered his congratulations. Mr. Tonsing said I've got to tell you that I think back to the day that we all gathered to sec the wrecking ball knock down the first part of Cinderella City, and it would have been hard for me to imagine what you folks did with it. But. he pointed out. this is a National A ward and I think it' 1 just one of many you will receive as you move forward. I think there are more to come. Believe me. he said, you have recei* some international attention as well and this is indeed a model of tnns-orienfed development. I've aeen lOllle around the country that called themselves that, but you have to wonder if they really ue. This one. he said, really is. He offered his congratulations. Mr. Norton said I would like to recognize Cal Mandia. Bob SilllplOII, Clary Sean and IOflle of the ocher people who helped make all of this happen. Also Tom Burns. the City's previous Mayor. he said, cenainly deserves some recognition for what you have accomplished here and we ue very proud of il Mayor Bradshaw thanked Director Norton. (c) Eugene Norman. 4840 South Huron Street. said that the word optimum in the dictionary 1s defined as "the best or most favorable condition, degree, or amount for a particular situation." We have a Republican majority now. Generally speaking. we must chanp our sy11em from one of maximal IO one of o pumal cons umptio n. Oplimum consumption implies a vast chanp in our thinkina as Americans. A vasa chll nge an indus try . agriculture. politics and the 1nd1vidual mind. Three hundred and fifty billion dollars for home defense can easily define peace and put peace illlO operation if spent properly. If spent improperly it could define o ur demise. Production panems can be chanpd. almost illSlalllly if we decide to do it ID the bcnefi1 of all . The production of commodilte for the public become the norm. not the ellccplion. Schools. food. theaters. libraries, parks . hospitals. public tranlport. housina. the mu ... all ~ pouible . Buiklina goodwill and helping other countries build. rather than bombilll them itllO oblivion. becoma pouible. Homu con,,umen mallimus can never be sati facd . Obesity and re. eQe peed and vorac:___. ad infinitum. w11hout a pause for play. Play i subvened in 5 :00 o'clock naah hour. In yo11r NIii ID~ 11mc .11me end by controlling you. You must all~ aware ofthll fact. A challp from auimum 111 0pt1mal . two linlc 111ords. ,-11l no1 only alter production panems. but crate a reductlOII of appdite-wheatna, braan111as han g 1echmqucs of 3'hcms1n1 and a ultural chanp beyond obesity. Sottety -obesity aa a diet.tr) problem: analy is sho10·s 1t to be the cratlOII of our maiu-~ plldolopliy. wllil:ll 1n turn I the product or Cap11alism We humans ha,e been trained IO NII hkc hell and-• •• OM puce t • • Enalewood City Couodl November 18, 2002 PqeS and fear keeps us there. We can never get full because maximum consumption docs not allow fullness; it docs not allow satisfaction. Optimal consumption simply ensures fullness and satisfaction. The principle of irrational authority based on power and exploitation must be replaced by a rational authority based on mankind and his ability to absorb a higher education and act on it. Consider my imagination combined with your courage and I see new possibilities, a new America. a new culture that is not based on greed and s ubconscious fear. Greed consumption and prestige consumption can disappear as a bad dream. Three hundred and fifty billion dollars spent not on arms, but on peace, by that creative part that exists within us all and the world itself can find that Garden of Eden beyond the hell that forms your lives now. The walls of the maze you arc running in are not high at all and easily surmounted with but liulc courage. It is simply objective reality that I present. All you need do is act. In your next traffic jam, meditate on what I have presented ... then act, act, act. Invocation is a word too. Seek wari You can get it. Seek peace and you can get it. All is change and all change is simply image and the image you create becomes the life you live. The definition of a Republic is "a constitutional form of government, especially a Democratic one." The definition of Democratic is "pertaining to, encompassing, or promoting the interests of the people; persuaded of or practicing social equality; not snobbish." We must achieve a state of being, acting in accord ... a learning of feeling together. Understand me and terrorism won't have a chance. Think of the advantages of including politics among the field of an ... good an . To do so, we must begin by helping to develop the critical powers of the individual and provide a buis for the creative expression of each to the benefit of all. In CS1Cncc, we have a national sovereign ... what we need is a common wealth of nations. Capitalism. as you can see, has produced alienation and devoiced. even dcbucd bodt man's scientific understanding and his aesthetic perception. Our need is an authority based on compctcncc, knowledge and skill, not intimidation or force, and contributing to the growth of mankind, not bis demise. We must acknowledge that we are truly part of the world . Capitalism need not be wasteful and we need no embargo on Cuba. Ignorance is not a viable solution. Disclosure ... the land beloap to God. The world itself has a common enemy, the arms manufacturers is a mortal common enemy. America now has a race with itself in the arms race. We need realistic men. not just leaders. with common ICMC. Praenl military policies will continue to escalate and we will fail to achieve international apeements. An unstable situation, unle.s s we come to terms with ourselves, in and of our nation. Republic implies IOCality. Republic implies no split between public and private morals. Republic implies equality. In a Republic my voice is just as valid and in need of acknowledgment as Mr. Bush's. Fifty atom bombs of high datruc:tion potential in Colorado alone is a gambler's choice. It lacks imagination and defillC5 stupidity. Surely politicians and the Army can achieve other choices. Alternatives ... like dismantling them. The probability of accidents over time, even I would bet on and I don't gamble . Responsive and respon5ible come from the same root word . Mayor Bradshaw thanked Mr. Norman. 7 . Umcheduled Vlslton (a) John Coats. 7579 South Monaco Way, Englewood. said I'm representing the Korean Emmanuel Church. which is located al Danmouth and University on the northwest c;omcr. It is adjacent to the s ubdivision that Council had a hearing on two weeks ago. That hearing was continued. The Church wants 10 build an addition on to their building . He explained that in order to do that, they have to purchase a piece of ground from that subdivision plat. Then, after they purchase the ground. they have to apply for tax-exempt status before we can submit a sire plan 10 the City. The other side of it is, we've applied for temporary trailers 10 put out front 10 provide classrooms for the kids. and that wu tW1ICd down by 11aff. Certainly. he said , the staff has been very understanding about this, but it's like ca&ch-22. between the two o rdinances. On the one hand, we can't submit a site plan and on the other hand, we can't act temporary trailers until we do submit a site plan. It 's all dependent on those three step1. Finl off, the approval of the University Homes plat . I was just 1,oping that we could do something to act the temporary lnilen now, he said . Mayo r Bradshaw asked Mr. Coats if she could direct him to a Community Development staff member to talk 10 . She as ked if that wa a ll right. • t • • Eapewood City Council November 18, 2002 Paae6 Mr. Coats said we have 1alked quite a bit. Senior Planner Langon said our current ordinance allows temporary trailers only in conjunction with a building permit. And as Mr. Coats said, they are in somewhat of a catch-22. The Church is not in possession of the land and, therefore, we cannot consider that ponion of the land as part of their parcel. I went over this extensively with Mr. Brownan and unfortunately that's the way the ordinance is written at this time. This is one of the areas we are considering in the UDC for temporary situations such as this, but currently it is only in conjunction with a permit and since they cannot apply for a permit, because they don't have posseaaion of the land, we are caught. Mayor Bradshaw said it sounds like we have addressed it as cloacly with lltaft' as we can. She asked if there was anything from Council . There were no comments or questions. Mayor Bradshaw thanked Ms. Langon and Mr . Coats . ••••• Mayor Bradshaw said before the Boy Scouts leave, I want to thank you all for a very impressive flag ceremony ... you did an excellent job. (a) A proclamation declaring November 21, 2002 u Feed Anmica Day was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO DECLARE NOVEMBER 21, 2GOl AS FEED AMERICA DAY. Ayes: Council Members Nabbolz, Moore, Gama. Wolo&yn. Yurchick, Oruulis. Bradshaw Nays: None Motion carried. (b) A proclamation in honor of the Malley Senior Recrealion Center's 25• Anniversary was considered. COUNCIL MEMBER WO~YN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION IN HONOR OF THE MALLEY SENIOR RF.CREATION CENTER'S 2519 ANNIVERSARY. Ayes : Council Members Nabholz. Moore , Garren . Woloayn. Vurchick , Orazulis. Bradshaw Nays : No ne Motion carried . COUNCIL MEMBER WO~YN MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITEMS I (t), (d) ud (e). (c) RESOLUTION NO. 97 , SERIES OF 2002 A RESOLUT ION REAPPOINTING BILL BELTTOTIIECODE ENflORCEMENT ADVISORY COMMITIEE FOR THE C ITY OF ENGLEWOOD. COLORADO. (d) RESOL lTTION NO. 98, SERIES OF 2002 Enpewood City Council November 18, 2002 Pqe 7 A RESOLUTION APPOINTING CHRIS HOAGLAND TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . (e} RESOLUTION NO . 99, SERIES OF 2002 A RESOLUTION APPOINTING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COWRADO. Vote results: Motion carried. Ayes : Council Members Nabholz, Moore, Garrett, Wol(?Syn, Yurchick, Grazulis, Bradshaw Nays : None Mayor Bradshaw presented a ccnificatc and City pin to Mr. Goodrich and Mr . Hoagland . ••••• (0 A letter from Scan McHugh indicating his resignation from Keep Englewood Beautiful was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO ACCEPT THE R~IGNATION OF SEAN McHUGH FROM KEEP ENGLEWOOD BEAUl'DlJL Ayes: Council Members Nabholz, Moore, Gancu, Wolosyn. Yun:hick. Orazulis. Bradshaw Nays : None Motion carried. 9 . Public Heariaa No public hcaring ,w«s scheduled before Council. 10. Coment Alfllda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I) ud 10 (c) (I), (a) Approval of Ordinances on First Reading GARRETT (i} COUNCIL BILL NO . 61. INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO, RELATING TO THE LAW ENFORCEMENT ASSISTANCE FUND (LEAF) PROGRAM . (b) Approval of Ordinances on Second Rcadin1 (i) ORDINANCE NO . 59, SERIES OF 2002 (COUNCIL BILL NO. 59. INTROD UCED BY COUNC IL MEMBER GARRETT} AN ORDINANCE APPROVING AN INTEROOVERNMENT AL AGREEMENT (IOA) FOil MUTUAL AID BETWEEN FIRE DEPARTMENTS . • • En1lewood City Council November 18, 2002 Pa1e8 (c) Resolutions and Motions (i) PURCHASE OF A 4-WHEEL DRIVE UTILITY VEHICLE THROUGH THE COLORADO STATE BID PROCESS FOR A TOTAL COST OF $26,527 .00. Vole results: Ayes : Nays: Motion carried. 11. ReplarApada Council Members Nabholz, Moore. Ganett, Wolosyn, Yurchick, Oruulia, Bradshaw None (a) Approval of Ordinances on First Readin1 (i) A recommendation from the Community Development Department to adopt a bill for an ordinance revising the En1lewood Municipal Code reprdin1 the definition of "houscholcf' wu considered. Planner I Fruchtl said Council Bill No . 62 is a revision of the Englewood Municipal Code reprdi111 the definition of "household". Staff recommends City Council set December 16. 2002 for Public Hearina. he said, to consider revisions penaining to the definition of Family Howlehokll. In addition. the staff would like to note that included within your packet are sugeated motionl bued upon the Mmlber of occupanlS that are allowed to live IOIC'her in a llin1le-family unit. Mayor Bradshaw asked if there were any questions for Mr . Fruchtl . Council Member Grazulis said that down at the bonom of the pap, where it uys family household. it includes ''nol more than two poups of one or more per-. relaled ." Then ii llaa. or (2) ... a poup "of noc more than four persons not related." That's all included with this. She uked ifthia ia all pat of the ume? Mr. Fruchtl said that is conect. Mayor Bradshaw said that is really different . I believe, she uid. that Council reqllelled two or tine. no1 that definition . Mr. Fruchtl explained that in the memo. the lesal staff has prepared different alwutiw, motions and language punuant to the ordinance revision . Mayor Bradshaw said then we need to set a Public Hearina for December 16•. Council Member Wol osy n said she would like to move A,enda Item I l(a). City Attorney Brotzman said U'aditionally you pass thi on first readina and then have a Public Heari111 . Currently . right now. you have the PlaM1n1 and Zonin1 Commission's recommended lanpap. which is for fo ur . Now . he sa id . if you would like 10 make a mocion ... then you can amend that to one of the other alternatives that's in I.he memo . Counc il Member Garrett asked . u a point of procedure. if we ue required to have the Planniq ud Zonina rccommend,mon in the packet . Mr Broc1man i.aKI )C The ordinance contains the direct lansuap from Planniq and 2.oaaq. Mr Garre11 ibLcd 1f are we leplly reqllU'Cd 10 have that 1n the Finl Readiq. Mr. ~ uid ao. Y'* fflil) mend that Ma)or Bradshaw wd we need to act it on the table lint. Ind then anmid 11. • t • • • Enpewood City Council November 18, 2002 Page9 Mr . Garrett said he understood that, but questioned the efficiency of bringing this forward and then we have to amend it, as opposed to bringing what the Council, as a consensus, wanted. That was my question, he said. Mayor Bradshaw said we would amend it before we bring it forward . Mr . Garrett said we wouldn't have to amend it. Mr . Brotzman said part of that is reflecting a deference to the Planning and Zoning Commission. Many times, the staff would like to amend what the boards and commissions recommend, that is why we never do. Even with this one, there were a number of alternative proposals, whether it was two, whether it was three, that 's why we went with the Planning and Zoning recommendation . They're the recommending body to you . You appoint them to make that recommendation and you give them that authority. Mayor Bradshaw said that whenever we discw.s something. it never gets changed. Mr. Brotzman said if it comes from a board or commission, you will get the board or commission recommendation. Mayor Bradshaw said then we need to make the changes tonight, now. Mr. Brotzman said that is correct. Mayor Bradshaw thanked everyone for being patient. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL NO. '2 AND TO SET THE PUBLIC HEARING FOR DECEMBER 16, 2802. COUNCIL BILL NO. 62, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 24. SECl10N 2. SPECIFIC MODIACATIONS; TITLE 9. CHAPTER I. SECTION 4, DEFINITIONS. AND TITLE 16. CHAPTER 8, SECTION I. DEANITIONS. OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING THE DEFINITION OF "HOUSEHOLD". Council Member Moore said he found this definition confusing, bu1 given 1ha1 we arc going to talk aboul 01hers anyway. maybe lhat poinl is IIIOOI . Mayor Bradshaw said she preferred IWO unrelated people and their children. period. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 62 TO CHANGE THE DEFINITION OF FAMILY/HOUSEHOLD BY USING THE DEFINITION, IN THE MEMO, OF FAMILY/HOUSEHOLD, AS TWO UNRELATED PERSONS AND THEIR CHILDREN. Council Member Wok> yn said she did have a question about the amendment reprding the restriction on children under 1hc age of eighleen years. Many people come home to live when they are older than eigh1een. She pointed oul that many people stay at home and ao to college for four years . Mayo r Bradshaw staled tha1 is for two unrelated people . Council Member Wolosyn said that is riaht ... and their children. So if you Y."ere in a co-habilllion with a man and he had children who were p>in11 m ollege. and you had children. thia doesn't allow Iha Am I nghl or am I wro ng? t .. • • F.aale•ood City Council November 18, 2002 PqelO City Attorney Brotzman said that is correct. Mayor Bradshaw said so we can just strike the age limit. Ms. Wolosyn said I would strike the age limit. Mayor Bradshaw asked if that was okay with Council. Council Member Wolosyn pointed out that there are many kinds of situations and maybe children are never able to go out on their own. Mayor Bradshaw ag,eed there are many kinds of things, abaolutely. Council Member Moore said just for the record, I cUITelltly think two is too restrictive and would favor three. Council Member Gruulia uid lhe would agree. At least three, only because of some of the rents and some of the mortgage prices. I drink IOllletimea just one family ia IOO rellrictive . I think you have to allow more, she said, and I cannot place myself in a position to go down my street and see wb , legal and who ia not. Mayor Bradshaw asked for a point of clarification. la tlri1 by enforcement only, by complaint? Mr. Fruchtl answered yes. It is strictly complaint driven. if IOllleOne were to call in . Mayor Bradshaw said i& 11 complaint driven. IO if it is two people or tine people. it ii ltill complaint driven. So do we need an amendment to the amendmen&. ID llrike "Under the Ap ofEipteen YNII"? Council Member Garrett said he would conaent to the withdnwal of the "Under the Aae of Eighteen Years". The second agreed. Mayor Bradshaw said now we are looking at voting on two unrelated people and their children u defined in the memo that Mr . Fruchtl offered. Council Member Moore said he had one more question just to clarify. Thi1j1111 pts us to the Public Hearing as the key purpose of this? Mayor Bradshaw said that ia ript. Vote results on the motion to a..ad: Motion carried . Ayes : Council Members Nabholz, Moore, Oanelt, Woloayn, Yurchick, Grazulis, Bradshaw Nays : None Vote results on motion to approve Couadl BW No. 62 • ......_ ud te llt die,... Heulat for l>Kember 16, 2002: Ayes : Nays : Motion carried . Council Members Nabholz, Moore, Oanelt, Woloayn. Yurchick, Bradlhaw Council Member Gruulis (ii) Assistant City Manager Flaherty presented a recotlllnmldati from the Cicy ........ Office to adopt a bill for an ordinance approving an Option 10 Purchllc the Sbrriu Houle by the Colondo Preservation. Inc . The purchase price is $60,000.00, he said, and the term of the l'lln:hue Oplioa ia through April I. 2003. The contract language provides for liability covenp durlna dial period by the Enaiewood City Coudl NoYember II, 2802 Paaell Optionec and also includes disclosure of tnvironmenlal hazards by the City 10 the Optionee. There are two chanp that we discovered on Friday, he said, followin1 the packets bein1 sent ou•. This is a two radina ordinance, so if Council apeea and the City Anomcy can provide the changes, we will proceed widl tbolc. The fint chanac relales to item 11. Failure to Eun:ise. If lllil oplion is 11111 -.JICll:iled, die owwm lhall IIOI retain, but shall refund IO the Optionee all the COlllidenlioa pvea for it. That is the $500.00 check 1h11 - received from CPI . We have apeed 1h11 -would do this, and -have railed Ille purdaK price dial - ICI initially from $58,000.00 to ~.00. TIie IIICOlld clllap is in illm 12, llilk ol Lou. TIie lal ..._ in the parelllhela. (Optionee !ollall provide proof ol i--=e to the Cily in thc amount of $25,000.00) should be lllrickcn. If you recall, -no 1onpr cm carry property--. i--=e oa the buildina bee-of the damapa 1h11 the property suffenld and the fact dial we ,..._. a tolal ...._. fmlll die --rompuy. Bee-we cannoc ollcain imwance. he laid. -are IIOI Fi• to Mk the OplK-to olllain iMwance either. Mayor Bndlllaw laid. Oilier than me-chanp. it is• it••.,.__. in your packel oa Thunday. COlll'IICIL MDIUII WOUJSYN MOVED. AND ff WASSECONIJID. TO A,nOVE AGENDA rrDI II Ca) Cl) • COIJNCIL IIILL NO. M. COUNCD. BU NO M. IN11lODUCED BY COUNCD. MEMBElt WOLOSYN BUJ.. FOR AN ORDINANCE APl'llOVINO AN OPTION TO PURCHASE THE SKERRJTT HOUSE . Mayor Bradlllaw _.., 1f Me -•Y qllltbOM. C-.1 ...... 0... Uld III i.d ......... We_....,... ID,.,_. die $500.00. ii dial conect. if !My doa'I e-. .. opeioa? Mayor Bradsha w said I cbl't lib dial . Mr . Garrrtl SaMt part of die,_ for -.itll for 1111 .-y. ii 11111 tlley bad -CIMM!i.._. to the proj«I and helped defray -ol 1111 COIi to 1111 Cily . Mr. Flllllny uid ... ii c:anect. Mr. Garfflt ooted lhat "'e had no dose-*-........... -y II all. Mayor Bradshaw po1111ed OIi& dlat we aho lo...t 1111 _,... -,...,....._ Mr Ganrtt ~ "'e rC!ljllhlld $2.000 00. I'• aot 11ft wllltl Me -a Ilia chan,e in policy. Mr Flahcny id l llnderi>Wld Tilis w oee of die.._ of a,reeme111 lhll CPI had requested . They ~.IMOI ) ,.,,,..ltd, If they 11tt aoe refwlded 1111 -y ..... e~ 11111 lllly doll'I eJUKise the oplion. The) 1-'t di.II •er) de.If 10 llW M lllly w1 U IIOI IO forward lllllaa they are auured a refund of the 00 roca •> Pff>l*ll•c. 11· bait a.t w11eh. ._ --very clear al the Council C a ll•• 1111 ,_to•• lddllloMI COIII for dlll. 1'1111 -the -we asked ( .-1 11,c . ~_.... ,. • IOIJII .... ..S lie uid ouy. I will write die check . _..,........ ... CPI •Ill.,..,,_ to dill cbanp. bul I can't apeal; for them . c,,, heft Englewood City Council November 18, 2002 Pagel2 Mr. Aahcrty said Mark Rodman is here 11nd if he would like to address that tonight, he is certainly welcome to do that. Mr. Rodman said our concern is not getting the $500.00 back if we didn't exercise the option at the end of the term of this option. Our concern was giving you the $500.00 and you not accepting the option in the first place. So, if you approve this option, he said, we're very comfortable with you keeping the $500.00. My concern was giving you the $500.00 and then getting to the place tonight where you said no, we do not want to go forward with this option. So we can change that in the language, it's not a problem. Once the option is done. he said, we will be glad to give the $500.00, that was never in question. Mr. Garrett stated this language is inappropriate. It should be "if this option is not executed" by the pany ... not exercised. Mr . Flaherty said number 11 should stay as written then, with no change. Mayor Bradshaw said the owner shall retain all the co 'l sideration given for it. So, yes, we leave it as written. Mayor Bradshaw said now we only have one change to the apeement and that change is in paraa,aph 12 where we strike the sentence in parentheses. Mr. Flaherty said that is correct. Mayor Bradshaw asked if there were any more questions. There were none. Vote results: Motion carried. Ayes :., Nays : Council Members Nabholz, Moore, Garrett. Wolosyn, YID'Chick, Grazulis, Bradshaw None Mayor Bradshaw thanked Assistant City Manager Flaherty. (b) Approval of Ordinances on Second Reading (i) Council Bill No. 54, approving the University Homes Planned Unit Development was considered. Mayor Bradshaw said Council is confused. because we thought we made a recommendation. I peu we need to be more forceful in our recommendations. It has to do with the building height and what wc received back was that the following points were considered. I guess I thought it would say I maximum height and I was confused . She noted that Council Member Garrett also raised this quellion. Senior Planner Langon said we believe that we didn't really receive I direction from Council • IO o. way or the other, other than your discussion within the meeting, that you were not pleuod with lhll 32 foot height. Mayor Bradshaw said if vou don 't receive directions from us ... jllll Ilk for it and wc ca be ..:II - specific. The issue is about the height. I think 32 feet is way too high . I lhlnd with you pay, dial I "" by a de ve lo pment that they didn't count the attic space . They only counted IO the suaers of .. io.a behind me and they went up another 8 feet above the gutters . So, I don't want to 1ee our..._ or Denver residents negatively impacted by that. I believe Council Member Woloayn had a coaprow. Ille said. 1111 ·-City c...u Ne ....... 11,2Nl ..... 3 COUNCIL MIMBIR WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II .. ) (I) • COUNCIL BILL NO. 54. COUNCIL BILL NO. 54, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOUTH UNIVERSITY BOULEVARD IN THE CITY OF ENGLEWOOD. COLORADO. Council Member Wololyn uid *-Denver's ia 30 feet and ours ia 25 feet. I think the 30 foot height is .--blc. However. only if thal ii aaacbed IO a slope. We clon"t want a flat roof. A slope of 8 or 12 feet. I don ·1 know ... but a slope that would minimize the effect of sunlight on thole buildings. And also leave OUl lhe opponunity IO do aomedli ..... like build a mini apartment buildins there. I don't know what anybody elae thinka. she uid. Council Member Moore said I am al9o c:oncerned about the 32 feet At a minimum, I would like to see a slope requiremelW added. I also would like to see that 32 feet limit lowered to 30 feet, which i11 probably fine widl me. Fmt of all, lie uid, I wu a little bochen,d stepping away from 25 feet, given that wu our atandard. However. knowina Iha& apace and ill long history of underdevelopment or undevelopment, rm okay 1ivin1 diem a little mon: latitude, but rd like to see something like 30 feet with a defined minimum slope. if we can't approach what a story is. M.yor Bradshaw said so the compromise would be extending die height limit five feet above our standard, widl a slope, and that would be die apex . la that right? Mr. Moore aaid from !here, whether ill 3 and 12, or 1 and 12, I would think we could define die required slope. M.yor Bradshaw aaid you are sayina dial the Iona axis goes north and IOllth on die property. Ms. Langon said that would be the general way. because die Iona side of the lot runs east/west. The comment was made that we would need to define a slope . Council Member Wolosyn asked if 8 or 12 feet would be too steep. Director Simpson said I think you could just specify that the architecture must include a pitched roof, with die maximum height being 30 feet. That would address Council's concerns. I don't think, be said, that you would want to dictate the number of stories or Spe£ific roof pitch . Ms . Langon advised that typical roof pitches in Englewood are either 6112 or 7/12 . Mayor Bradshaw said so 6112 with a 30 foot height maximum . Council Member Yurchick said he agreed with Mr . Simpson on not senina the pitch. because ifdley want 10 lower their second floor wall , and have a steeper pitch to their roof, as long as dley Blay within the 30 feel, we have accomplished what we want. Mayor Bradshaw said but the minimum would be 6112 . Mr . Moore said I just want to make sure ii doesn't gel less and flattened out. If it gell steeper, lhal would be fine . Eaalewood City Coundl NoYHlller ... 2002 ....... Ms. Wolosyn said I think this is a good time to be saying that we do want development, but we want it within some constraints of the PUD. I think that's important, she said. Mr. Randy Friesen, with Pappas Architecture, said the main reason we wanted the height is 10 we could do the slope. I'm not sure that I agree that 6 or 7 to 12 is really norm . A lot of times a 4112 pitch in this area is about normal . Mayor Bradshaw said that would be for a flat roof. Our concern is, we don't want a flat roof there. Mr. Friesen said I would assume if you arc going to do a flat roof, it ought to ao back to a 25-foot height, but our main objective is to be able to do a pitched roof on a two-tlllry houac. Mayor Bradshaw said you can do that in 30 feet? Mr. Priescn replied yes. I'm not sure if we can do it with a 6 or 7 slope, that would be pushing it a liUlc bit, but 4 to 12.. .certainly. Director Simpson said proYiding a range of pitch would also give you a variety of an:hitecturc, eliminate the flat roof option and, apin, you still keep your control. Mayor Bradshaw said so we can amend this to say a minimum 4 to 12 pitch with a 30 foot maximum height. Senior Planner Langon said a maximum height of 30 feet and a minimum 4112 pitch. COUNCIL MEMBER GARRE'M' MOVED, AND IT WAS SBCONDID, TO AMEND COUNCIL BILL NO. 54 TO REQUIRE THE MAXIMUM HEIGHT BE 30 FEET, WITH A MINIMUM PITCH TO THE ROOF OF 4 TO 12. Ayes: Council Members Nabhol&. Moore. Omeu. Wolosyn. Yurchick, Grazulis, Bradshaw Nays : None Motion carried. Vole resulll on motion ID approve Couadl BW No. 54 a ameaded: Motion carried. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchiclt, Grazulis, Bradshaw Nays : None Mayor Bradshaw thanked Council . (c ) Resolutions and Motions There were no adJitional resolutions or motions submitted for approval . (See Agenda Item 10 • Conacnl Agenda .) 12 . General Dilc:ualoll (a) Mayor's Choice (i) Mayor Bradshaw said I don't know if everyone received an inviwion, but the very fir st Strings Anachcd recital, featuring violin students from Cla)'IOD and Maddo1t me.-tary acboola, Eqlewood City Coundl November 18, 2002 Pqel5 will be held on November 22..a at 7:00 p.m. at Clayton Elementary School, 4600 South Fox . The invitation is darling, she said, but I will be unable to attend as I have a dinner this Friday. (ii) Mayor Bradshaw advised that this Wednesday al 11 :00 a.m. we will have the ground breaking for the Malley Senior Recreation Center and the Englewood Recreation Center. I believe you all received invitations in your mailbox, she said. (iii) Mayor Bradshaw said CML issues updates and I have uked IO be added IO their e-mail list. She explained that the Homeland Security Act is in front of the Senate, but the problem with the Homeland Security Act is that they aren't funding fint responders. It's a Federal mandate without funding. To quote NLC President Karen Andenon, she said "Congreu lhould have approved the President's $3.5 billion First Responder initiatives to get resources to America's cities and !owns . Congress is leaving town with the checkbook in hand while cities are still left holding the bag." Mayor Bradshaw said I would like your permiuion to write letten to Mr. Allard and Mr . Campbell, ore- mail them or whatever, u soon u possible. Council indicated that wu okay. (iv) working on that? Mayor Bradshaw said DRCOG hu an Urban Growth Boundary area. Axe you Council Member Wolosyn answered that she is on that committee. What was it, just about the meeting tomorrow? Mayor Bradshaw said it is about Metro Vision 2WJO, so let me give that to you in cue you didn't get it. (v) Mayor Bradshaw said we also received a leacr from Sheridan Celebnlel on "The Little City that Did" on September 2s• and they were asking for more money from us. I think that we can support them by attending, if we want. (vi) Mayor Bradshaw advised that Englewood Sbinea will be held on Salurday, December 1• and I have asked Mike Yurchick, and his three and a half year old daqhtcr Sarah. to light the Christmas tree. Mayor Bradshaw asked everyone to keep that date open. The Englewood High School Band will be there, she said, and Santa will arrive by light rail . There will also be holiday craft making in the Ubrary and Charles Dickens Carolers. (vii) Mayor Bradshaw said we also have a Tri-Cities meeting thi s Friday at 7:30 a.m. here in the Community Room . You received the agenda in your packet, she said , so let Sue Bradshaw know how many of you are attending. I will be there, she said. (b) Council Members' Choice (i) Council Member Moore said in cue there ill any confusion, I ahould have said be fo re, that I did not abstain on that last vote even though I miued the Public Hcariq. I did go through the note s and felt comfortable with it. I just wanted to state that for the record, he said . (ii) Council Member Oum!: I. He said . respect ive to the traila issue the ,entleman broqht up, I believe trailcn are for construc tion si tes , bec ause there is an expectation that they will be removed IOOII. One of my ~ Enpwood City Colllldl NoYember 18, 2002 Pqel6 about putting a trailer in place, without the appropriate building permits in place, is that it can become a permanent solution, which is something that I think wc have not encouraged. 2 . He said we buill our sound wall and I was just wanting an update. We put in the policy of how we want to do these things. but docs it really work? Arc the citizens happy that the sound wall is there? Mayor Bradshaw said at National Night Out they banged it with a bottle of champagne and it held up . Council Member Wolosyn said they were all telling us that night that they were very happy with it. Mayor Bradshaw noted that it made a difference when we wae there that night Mr . Garrett said that's great, I was just curious about it, as I hadn't heard back . 3. He said I was honored to receive, on behalf of the citizcm of Englewood, anochcr award for the same project . In North Carolina wc won the EPA Region 8 Award . Mr. Simpion, Mr. Scan and Mr. Kahm wae there and I was quite proud of our City, he said. Council Member Garrett said there wae twelve projects that wae honored acrou the nation, and we wae one of them . We were in good company. There were some really remarkable projC(.11, so I was quite proud of what we have done here and I think it's nice that we were so honored. Mayor Bradshaw thanked Mr. Gam:tt for attending. (iii) •• Council Member Wolosyn : I . She said tomorrow afternoon Englewood Schools bu called a pres5 conference to kick off the Teenage Drinking Task Force. City Manqer Scan and I have been abcl to say jlllt a few words and be prcscnt. Mostly, she said, it is about the idea of collaboration between the City and the Schools. It is at I :30 p.m. in the Commons at the Englewood High School . 2. She advised that on the 22 .. at 7:30 p.m. there isa aiacen here at CityCcntcr ... the Youna Sinfonia Concert . Mayor Bradshaw noted that we have two compctina concerts on the 22 ... (iv) Council Member Yurchick said the only thina he had was informational . The Malley Center Trust Fund met and they have decided to commit $169,000.00 to improvemau to ao alona with the renovation . They arc buyina furniture and kind of sprucing up the old to match the new, he said . Mayor Bradshaw said that is a good idca ... that's what it was set up for . (v) Council Member Grazulis said Englewood High School did play another playoff game this last Saturday, but unfortunately they did lose to Palisade. However, I think it is time to now honor Coach Penn and the team for having an 11 and O season. Mayor Bradshaw said I think we might want to do that when we have the meeting with the School Board in January . It is really hard, if you lost something that you worked all season for, you ccnainly don't want to show up . We asked them to do that last year, to show up at a Council mcctina, and they polilely came, but I really think it would mean more if it came from the School Board and the City Council at die same time . I don't know what your feelings arc. but I do think we need to honor them. By that time. we will know if Mr . Penn has Coach of the Year. Eapwood City Couadl Noftllal' 11, 2802 Pqel7 Mayor Bradshaw nolCd that when I was on Council before, we ued to honor kids in speech, we med to honor all kinds of kids all the time and somehow we aot away from that. I think it's ud because it kind of shows a disconnect with the schools and the City, but I wi"' we could ao back to some of that. Council Member Grazulis said she agreed totally. There are a lot ofawarda and a lot of tbinp going OD out there. Mayor Bradshaw said last year our Englewood Speech Team went to the National Forenaic Finals and that is the tint lime in 28 years. We didn't get the informalioa !nil I recelWld the neWlleaer and. by then, school was out. So, for thole of )'OU OD the Schoo11City Committee, if you could broach lbal IUbjecl wida the school on dlll, because I think it is importlDt IO iecopi,.e kicla doing ll)Cld dlinp. SIie poinfed OUI lbal usually their only contact with the City is tbrouah the Court, and lbaa is not Ulllally po1ilhe. 13. City Muapr'1 lleport (1) City Manapr Sean said he just wanted to say dial Mr. Oanll undenlded.. a liale bit. the award. It really i1 an incredible award. There were 4000 people at the coalaeace and it ii within the fint five years of Brownfielda comi111 to the fore. Mr. Garrett -on...., with the EPA ~ve from Re&iCJn 8, he said, ancl we did get our pictures taken. There -11111 awants llllionllly, be said. 11- included I stadium remodel in Loui1viOe and a major aquarium reCIOllllrUc1io in Charlalon. so llllionally we were absolutely in great stead. I was at the conference for plannina for the ICMA Conference. which was at the same time in Charlotte, and they said how incredible it was for anybody IO be awarded this type of award and nolCd Englewood in particular. Springfield, M~ also receiWld one. he said. The top of the award is made out of a special type of glua that comes from lbal -and )'OU really llbould lib a look at it. It is pretty incredillle and it is even nicer with the lipl on. Mr. Sean at.i thia ii I tremendous honor for Englewood. for Council, for staff and Bob Siq:,aon and Rick ICabm in pertic:ular. Mayor Bradshaw said the whole concept of Phoenix rising from the ........ it ii so symbolic. 14 . City Attoney'a Report City Attorney Brotzman did not have any matters to brina before Council. IS . A...,.._ 1. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, NOVEMBER 18, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, c~ 80110 Call to order. f/:3~ 2. Invocation~ 3. Pledge of Allegiance. a. Boy Scout Troop #264 from All Souls School will present the Colors. 4. Roll Call. '7 ~ 5. Minutes. 0/'f' ";Jif;./A) .'~;~ ·r the Regula, Cily Couodl Meetin& of Novembe< 4, 2002~ 6. Scheduled Vis~rs. (Please limit your presentation to ten minutes.) 7. a. b. The student artists whose artwork is induded in the 2003 Englewood Calendar will be recognized by City Council. +: .ft,. ut,~r.,. ,oa -rt»JS11J6 Tom Norton, Executive Director of the Colorado Department of Transportation, and ~al ,.,41malla. iNa,wliua (;)irll!l&r ef the Aegienel lr1tR119e,..lie" Bisl1iet, will present to City Council an award for #Smart Moves· Transportation Strategies for Smart Growth" from the American Association of State Highway and Transportation Officials. c. Eugene Norman will be present to address City Council. Unscheduled Visitors. (Please limit your presentation to five minutes.) A.. :Toi/Al t!IA-1"S Ple»e note: If you have a diNbility wl Med audiuy _.or~ ..... .....,,, .. City of En-1 uod (303-762-2405) at least 41 houn in advance., ..... _._ .. ......._ .,... ,-. > • Englewood City Council Agenda November 18, 2002 Page2 8 . tJft'r"l-{J Ofpd'l-0 ~97 /16*9i Communications, Proclamations, and Appointments. a. A proclamation declaring November 21, 2002 as Feed America Day/AJ~ b. A proclamation in honor of the Malley Senior Recreation Center's 25"' AnniversaryUJ"N..H4r-. A resolution reappointing Bill Belt to the Englewood Code Enforcem t Advisory Committee. A resolution appointing Chris Hoagland to the Englewood Code Enforcemen Advisory Committee. /!Jd?9 ~-Of. A resolution appointing Jim Goodrich to the Englewood Code Enforc Advisory Committee. A letter from Sean McHugh indicating his resignation from Keep Englewood Beautiful.~ 9 . Public Hearing (None Scheduled) ff lO. C~~er~A~~Tl ~tfA/~1'~ JdF-~/oa/ p-;°-;-tl/ ti.ff' 'l-0 r.=,wxWoval of Ordinances o~g. ,,_~._ ) i. Council Bill No. 61 · Recommendation from the Safety Services Department to adopt a bill for an ordinance accepting Law Enforcement Assistant Fund (LEAF) grant funding to be used for DUI detection and enforcement STAFF SOURCE: lieutenant John Collins. b . Approval of Ordinances on Second Reading. i. Council Bill No. 59, authorizing an Intergovernmental Agreement for Mutual Aid between metro area Fice Departments. '. . c . . Resolutions and Motiqns. i. Recommendation from the Safety Services Department to approve, by motion, the purchase of a 4-wheel drive utility vehide through the Colorado Siate Bid Process for a total cost of $26,527. STAFF SOURCE: Division Chief Tom Vandermee. Please note: If you have a llubility and need auxiliuy aidl • NfflCIII, plwe IIGdfy .. Qr al E ~IA ... (303-762-2405) at lust 41 houn hi advance alwlNft ...._ .. ......_ ...... ,-. • • Englewood City Council Agenda November 18, 2002 Pagel 11 . Regular Agenda. a. Approval of Ordinances on First Reading . .};)cyu:tl --~ t,Blil,)... "f.i-r.r.:--Council Bill No. 62 -Recommendation from the Community Development Department to adopt a bill for an ordinance revising the Englewood Municipal iln. '1~ ~J, -(, Code regarding the definition of #household." Staff recommends that Council p--·-~~set December 16, 2002 as the public hearing date to gather public input on this App'd 7-0 Ganett moved IO ~·CB#~\~~~~~~di.fan;iiy~ .. Df;~ people and their c:hlldren, as defined In the memo that Mr. FruchU authored, striking "Modnc lbn pg(_., YID·" ii. Council Bill No. 64 -Recommendation from the City Manager's Office to adopt a bill for an ordinance approving an agreement with Colorado Preservation, Inc. to purchase the ~l<errijt_H_ous~. STAFF SOURCE: Michael Flaherty, Assistant Citv Manaaer. /~ [Council asked lor one change to CB#64 -In the Option IO Pun::hase in paragraph 12. They want IO strtke (OptionN will pnJYlde proof of inllur8flC8 IO the City In the amount ol T-,ty.ftw, thou...«I dollars ($25,000) for risk ol toas or damage to the ---»· b. Approval ot uramances on ~t:1..u, ,u l\t:au111is. n i,,., ~!',~AProving the University Homes Planned Unit ·1-v Development.~ Ganett moved IO amend CB # 54 10 require the maximum height be 30 INI. with a minimum pilch to the 10C11 of 4 10 12. c. Resolutlons and Motions. 1r 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attor,:iey's Report. Adjournment. 3 :tJ.rl r-- The following minutes were transmitted to City Council between November 1-14, 2002: Englewood Urban Renewal Authority meeting of August 14, 2002 Englewood Board of Adjustment and Appeals meeting of September 11, 2002 Englewood Cultural Arts Commission meeting of October 2, 2002 Englewood Public Library Board meeting of October 8, 2002 Keep Englewood Beautiful meeting of October 8. 2002 Englewood Parade Committee meetings of October 9 and 29, 2002 Alliance for Commerce in Englewood meeting of October 10, 2002 Please note: If you haive a disability an ~ need auxiliary_.•..,._,,.._ llolify ... Clly GI E ial••oCNI (30J.762·2COS) at least 48 houn in..._..,..__.._---. ..... ,-. ... .... . .. .. • . ' t • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, NOVEMBER 18, 2002 i:30 P.M. Englewood Civic Center. Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. fl 3~. 2. lnvocation./7t/}J.,~ 3. Pledge of Allegiance. a. Boy Scout Troop #264 from All Souls School will present the Colors. 4. Roll Call . '7 ~ 5. Minutes. /1./>bJ ~-{}-/ a. Minutes from the Regular City Council Meeting of November 4, 2002. ~ V rr -· ( //S7!-1AJ: IAOO££\ /7 f - ( 6. Scheduled Visdrs. (Please limit your presentation to ten minutes.) I• a. b . C. The student artists whose artwork is included in the 2003 Englewood Calendar will be recognized by City Council. v-. JIJM ZJt111~r.,. ~o~ 1"oAJSt,J~ Tom Norton , Executive Director of the Colorado Department of Transportation, and ~al .• 1ari;1lla i111,w&i111 Cireeter ef Ike Resie: ml l"raA9J!!ertatieA 9i,tri@IJ will present to City Council an award for usmart Moves -Transportation Strategies for Smart Growth" from the American Association of State Highway and Transportation Officials. Eugene Norman will be present to address City Council. U nscheduled Visitors . (Please limit your presentation to five minutes .) ~ . ..:ro~AJ C!.dA-rs Ple;ise note: If )'OU have ii diNbility and need auuiary aids or sen,icft, pleue notify the City ol fnslewood (303-i62-2405) at k!ut 41 houn in advance of wtien MMCes are MMN. Tllanl.i vau. • • Englewood City Council Agendil November 18, 2002 Po1ge 2 8. dft'F?,{) o.ppd?-0 ~(i7 R.io#t /1o!J99 Communications, Proclamations, and Appointments . a. A proclamation declaring November 21, 2002 as Feed America Day/))~ b.~ proclamation in honor of the Malley Senior Recreation Center's 25th Anniversary~ . A resolution reappointing Bill Belt to the Englewood Code Enforcem t Advisory Committee. A resolution appointing Chris_ Hoagland to the Englewood Code Enforcemen Advisory Committee. A resolution appointing Jim Goodrich to the Englewood Code Enforc Advisory Committee. ~-Of. A letter from Sean McHugh indicating his resignation from Keep Englewood Beautiful.~ 9 . Public Hearing (None Scheduled) % 10. Cfl1~er~A~~ Tl ~~A/~,/~ _Q---,Mt...,/0 (l;° j-/,;-j ,· °tfJ 7-0 ~XWoval of Ordinances /~g. "~''<;J ) i. Council Bill No. 61 -Recommendation from the Safety Services Department to adopt a bill for an ordinance accepting Law Enforcement Assistant Fund (LEAF) grant funding to be used for DUI detection and enforcement STAFF SOURCE: Lieutenant John CoDins. b. Approval of Ordinances on Second Reading. i. Council Bill No. S9, authorizing an Intergovernmental Agreement for Mutual Aid between metro area Fire Depai:mients. c. Reso lutions and Motions. i. Recommendation from the Safety Services Department to approve, by motion, the purchase of a 4-wheel drive utility vehicle through the Colorado S"tate Bid Process for a total cost of S26 ,527. STAFF SOURCE: Division Chief Tom Vandermee. PleilSe note: If vou have ;a di~bility o1nd need .aulili;ary .aids or services, please notify the City ol Enalewoocl l3 03-7 62·2 40S ) .at lust 48 houn in adv.ance of when services are needed. 1hanlc you. • • Eqglewocfd City Council Agenda November 18, 2002 Page 3 1 1. Regular Agenda. a. Approval of Ordinances on First Reading . 1" 'ft;; / 1. Council Bill No. 62 -Recommendation from the Community Development ~ .ir.;J-.~(!,,'u,-...j(-_ Ull~J..... ur · bepartment to adopt a bill for an ordinance revising the Englewood Municipal './rL r. 'If?/~~-/.\ Code regarding the definition of "household ." Staff recommends that Council fiiyT~~set December 16, 2002 as the public hearing date to gather public input on this App 'd 7-0 Garrett moved to a~;~ciCB#~"b~~.f{g'~~ 0 cfeln1ti~n~~f.'m/1y'iH~se't,'oi*J a:lwounre1Ated people and their children . as defined in the memo ttiat Mr. Fruehtl authored . striking //OdlC lbo 191 pf tiobSltO YIICI·" ii. Council Bill No. 64 -Recommendation from the City Manager's Office to adopt ~ 17'-{) a bill for an ordinance approving an agreement with Colorado Preservation , Inc. v f"T'-" · {" to purchase the ,5~errip_House . STAFF SOURCE: Michael Flaherty, Assistant Citv Mana11er. /~ [Council asked for one change to CB#64 -in the Option to Purchase in paragraph 12. They want to strike (OptionH will provide proof of insurance to the City in the amount of Twenty-five thousand dollars ($25,000) for risk of loss or damage to the premises)J b. Approval ot urainances on ;)t::Lu1 ,u M:auu •!S · 12 . General Discussion . a. Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. 14. City Attorney's Report. Adjournment. 'j : t/-7 r--- The following m in utes were transmitted to City Council between November 1-14, 2002 : Englewood Urban Renewal A uthority meeting of August 14, 2002 Englewood Board of Adj ustmen t and Appeals meeting of September 11 , 2002 Englewood Cultural Arts Commission meetin g of October 2 , 2002 Englewood Publ ic Libr ary Board meeting of October 8, 2002 Keep Englewood Beaut iful meeting of October 8. 2002 Eng lewood Parade Committee meetings of October 9 and 29 , 200::! lliance for Commerce in Englewood meeting of October 10, 2002 Please note : If ou have a di 5abilit and need ;wxilwy aids or services, please notify the Caty of En1lewood (30J-;62-2 ~0 5) at least -48 houl'$ in advance of when services are nffded. Thank you . • t • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COlJNTY, COLORADO Rqular Session November 4, 2002 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:30 p.m. 2. Invocation The invocation was given by Council Member Nabbolz. 3. Pledce or Allqlance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present: Absent : A quorum was present. Also present: 5. Minutes Council Members Nabbolz, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw Council Member Moore City Manager Sean City Attorney Brotzman Assistant City Manqer Flabcny City Clerk Ellis Senior Planner J.anaoa, Community Development Director Ross, Public Worb Director Ollon, Safety Services Director Gl')'l.lewicz, Finance and Administrative Services Director Lona, Library Director Fonda, Utilities (a) COUNCIL MEMBER GRAZULJS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MUTING OF OCTOBER. 21, 2002. Mayor Bradshaw asked if there were any corm:tions or conments. There were DOiie. Vote results: Ayes : Nays : Abstain : Absent : :'\fouon earned. 6. Scheduled Visitors COWJCil Members Garrc1t, Wulu,iyn, Grazu1is, Bndabaw None Council Membm Nabbolz, Yurcluc:k Council Member Moore • ' . • • Englewood City Council November 4, 2002 Page 2 There were no scheduled visitors . 7. Unscheduled Visitors (a) Daniel Nival, 3440 South Sherman Street, stated be had been informed earlier today that there was going to be a meeting held about the number 12 bus route. Unfommately, be said, from what I've 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 homeowners and I, who all live on that street, requested this three years ago. Now we have been told that there are 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 on Sherman Street and Girard and we have asked the City to get involved. We also asked RTD to talk to the City about mov.ing this route. It sounds to me like RID wanted to do it and now, all of a sudden, there are people who are against it. Like I said, we were notified only on Friday and we were told today, by someone from the City, that the meeting would be at 7:30 p.m. and unfommately it sounds like it was at 6 p.m. Mayor Bradshaw advised that that was a Study Session at 6 p.m. Mr. Nival stated that be had been informed that there was supposed to be a formal meeting about this route. We do not want them to not move the route at this time. We had proposed that they move it to Lincoln during night hours, which is a commercial area, as opposed to where we live, which is residential. It has t,een rezoned and there are 10 homeowners there as well as Orchard Place. We would like to have RID move the route as they had intended to move it. Although our initial request was that RID run the bus route during the day-time, normally, up Sherman Street, but as of 5:00 p.m. when Malley Center closes down, that they then stan running the bus up Lincoln Street until eight o'clock the next morning. That was our initial proposal we gave to them and to the City. According to what I found out today, RID proposed that they strictly put it all on Lincoln Street all day long. The reason we complain about this, is that from 5 o'clock to 5 o'clock the next day, every I 5 minutes, there is a bus that aoea by there, one going one direction and then IS minutes later, one going the other dim:tion. The number 12 and number 27 at night both share that street. The decimal level of the vehicles that go by there are enouah to rock the bouse because they are diesel. We don't mind in the daytime, because most ofua are not there, but 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 are not every 15 minutes. We have a problan with the buses coming by every IS minutes. We have even asked them to back it off because we did our own survey and found that very few customers were on those buses and they were getting on at one stop that wu on that street 'There wu no one getting on in the evenings, so we asked them to just move it around the comer, which is about 50 feet from where .it currently is and continue to go straight. I don't know what the City's backing is on this, he said. We were told two years ago, that the City was considering using electric buses in town, which would be much quieter . That fell by the wayside. I haven't beard anything back on the electric buses, because they said maybe they could pick up electric buses through that area. So, we have beard notbing from the Ciry 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 go beyond our stone-age mentality . That blindness that is caused by greed, hypocrisy and the urge for power exhibited by our so-called leaders . We have alternatives but those alternatives require fut action. The laws oftbe market place must bow to the laws of humanity. Surely, he said, my voice is not an isolated cry for justice and sanity directed at those who wield power. I can present you with endless new ideas, but if any one of those ideas 1s not incorporated into group action, then I may u well be speaking to the wind. As leaden, you do not allow for creanvity. You srunt yourselves in numerous ways . My constitutional rights have been abrugateJ time al\er time . We uc:eJ lo fum1" uc:w 11uvcrnua:DI fur our u"'u J1Urvival u hwnaus . Juiu me. evoluuons . Your medical system. along wuh everytlung else is clote to self-deslruction. and is ND by aJists whose masochistic tendencies have taken over. Fifty atom bombs, more powert\al tbaD the Hiroshima one , in our own backyard. and it is not healthy, nor is II intelligent. If you conaider yourselves .. ' .. , • • En&lewood City Council November 4, 2002 Pagel patriotic, you'll join me . lfwc are in to control, then begin by controlling yourselves. The 350 billion dollars used for home defense will probably end by being used against us. As has 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 he likes to do what he has to do, he is satisfied with the very conditions that society imposes 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 covemment based on true democracy and not on the plutocracy we have now. Bush was not elected by the people and his base is big money . Let 's grow up as a nation. Vote yes or no on the ideas, not the so-called representative who only represents himself, most of the time. The Bush dynasty needs to be controlled for our well being as a nation. An imperial presidency, with a power complex, is the last thing America needs in its books. Diplomacy is a must. The 350 billion dollars could easily be spent on more intelligent. present action. Megalomania is not my bag, but I strangely suggest 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 arc skating at the edge of the mother and father of all wan, unless we change. Grace, an unmerited gift from God. America has weapons of mass destruction. I suggest strongly that we dismantle them and give the arms dealers a vacation. China has weapons of mass destruction and so docs Israel, India, Pakistan, Russia and others. We must convince them we will put our toys away and that it will be to their advantage to do the same ... gracc. Capitalism, communism and socialism may thrive together if done properly to the advantage of all, beyond paranoia. Priorities and creativity must go beyond oil and atomic energies in near space time. Quile frankly, the prevai1ina mood among our leaders is disturbingly familiar. It is the same mentality that waed the destruction of Native Americans for the purpose of snatching their land, and justified the rape of Africa, in order to enslave blacks, and at this very moment, it is dcstroyin& its youth in drug wan. A perv1ldiDa Nie menlality and quite unhealthy, caveat and poor, may the buyer beware. Tnie Christiam will always seek a non-violent way out of a potential scrimmage. A preempted strike runs counter to both Cbriatian and bumul ideals. Mayor Bradshaw thanked Mr. Norman. 8. Communications, Proclamations lllld Appolntmeota (a) A letter from Ronald H. Fish indicating his resignation from the Keep Englewood Beautiful Commission was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF RONALD H. FISH FROM THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes : Nays: Absent: Motion carried. Council Memben ,Nabholz, Gam:tt, Wolosyn, Yurchick. Grazulis, Bradshaw None Council Member Moore 9. Public Hearing (a) Mayor Bradshaw advised that this is a public heariq to gather citizen input on COUDCil Bill , o. 54, approving the Univenity Homes Planned Unit Development. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO OPEN A PUBUC HEARl:"IG TO GATHER CITIZE:"'I INPUT ON COUNCll. BILL NO. 54, APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT, Ayn : Council Memben Nabbolz, Gam:tt, Wolc ~yn, Yurchick, Grazulis, Bradshaw --· Englewood City Council November 4, 2002 Page 4 Nays: None Absent: Council Member Moore Motion carried and the Public Hearing opened. All witnesses were duly sworn. CJ 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 Boulevard. 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 was submitted after the close of the Planning and Zoning Commission Public Hearing. The Clerk has those, she said, and if Council would like to see copies of those at this time, we 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 Development, which establishes a new zone district and associated standards for that district. Also, associated with this property, will be a request for a major subdivision that will be coming after the Planned Unit Development. If the Planned Unit Development, whi ch establishes the zone district and the requirements, is approved, then a major subdivision ,, which actually divides the property, will be considered. The recommendation from staff is to approve the PUD with two conditions. First, that a Homeowners Association be formed and documents pertaining to the Association be filed against all properties with the Arapahoe County Clerk and that a copy of that Homeowners Association document be provided to the City. She explained that the issue before Council. for the PUD. is to decide if the proposed land use is the appropriate land use , and also, does the PUD meet the District and Site Plan requirements required in the PUD ordinance. The PUD is a two-part process. First, is a District Plan, which sets the zone district regulations and the second is a Site Plan that establishes the site design. Per the ordinance, these two processes can be combined, as they are being tonight. The issue is not one of design. or color or architecture, she said, this is the establishment of a zone district. The property of the proposed PUD is in the extreme northeast portion of the City, approximately at East Dartmouth and South University Boulevard. Property to the south and west is zoned R-1-A and is in the City of Englewood. Property to the north and east is in the City and County of Denver and zoned R-1 , a zone district similar to our R-1-C district. The site, currently, is zoned R-1-A, Single-Family Residence District and it is just over an acre· in area. Referring Council to the Site Plans, Ms . Langon noted that there 1s kind of a major body of the property that is approximately .88 acres and that is the subject oftbe PUD. T he re is also, she said, what we refer to as a flagpole , which extends from the major body of the property southward to East Dartmouth A venue, and that flagpole is not part of the PUD. That will be part of the subdivision and the reason that these two processes are on two different properties, is so that the flagpole will re mam R-1-A. The purpose of that is so that once it is s ubdivided, if the PUD is approved and the subdivision approved , that property can then be sold to the adjacent church. So again, she said, the flaapole 1s not part of the PU D . The P D will rezone the s ite . It will serve to unify the land development controls and 11 also establishes the zoning and Site Plan cnteria specific to the PUD. It also allows for development flex 1b1liry that isn't necessaril y available through the existing zoning standards. The intent of the Planned Untt of the U nivers it y Homes Planned Unit Development, is to develop four single-family lots with access o.\T o uth Uni vers it y Boule vard, by a private dfl\'e. This s ite could be developed by two melbods . It could l>eJUSt J e,elopeJ as une lo t, as a s utile-fauul y lot wtJc:1 tile R-1-A •lllnWlrJ.. ur ii ,uwJ be •ubJiviJcJ IUlll Je, eloped as two lot s . but those lot s would be approximately 23S foot deq, off of South Uruvers1ry Boulevard. whi ch ts bas icall y double the ryp1c:1l lot 10 that area . Any vacant land tn the City of Enalewood 1 . really, vaca nt fo r o ne of two reasons. Either the property owners are holdin& on to the land or there are Je, elopment constraint s on the pro perty. Thllt 1s the c:a sc in tlu s s iruanon. The lot size is one constraint. mea nmg that it h:is to be subd1,•1ded and really could only be developed under the R-1-A standards as one lot or l\\o re :i lly deep lots . She adv ised that Denver residents 10 the north ha,·e opposed any devclopmem that I a nyt hing o ther than s mgle-fam1l y and previous attempts to develop the property have failed . Those " t .. .. • • Englewood City Council November 4, 2002 Page 5 attempts have included an assisted living facility, a church and a school. Utility service has also been a major issue. City services arc 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 we re the residential use and also drainage . The proposed PUD was reviewed by the Development Review Tea m and the Planning and Zoning Conunission conducted a Public Hearing on August 20111• At that time. they continued the hearing to September 4"' to allow staff time to address some drainage issues and provide :nformation back to the Conunission. On September 4"' they approved the PUD with two conditions and an additional condition regarding drainage . The applicant has 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 gara·ges. 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--y 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 mansion property, are non-residential uses , and this proposal is something similar to the Denver requirements. She advised that in our zoning ordinance , we have what are called set-backs, which arc the distances from building to property line . Because of the shape of the property and so that there is no confusion as to which side of the property is the front or a side , the applicant has proposed a building envelope and that's the area in which development can occur. What they are proposing, is that approximately 42 percent of the lot area can be developed. That docs not mean that the full 42 percent will be developed, but that is what the envelope coven. That's fairly comparable to the 40 percent that is allowed currently in the R-1-A. The appliclllt also proposes a height of32 feet. which is designed to accommodate a two story and pitched roof. Currently in R-1-A, height is limited to 25 feet and within Denver the height is allowed to go up to 30 feet on lots that are at least 50 foot wide. The adjacent lots are 60 feet. Those houses, though they are not at 30 feet currently, they do have the development potential to go beyond the 30 feet. At the neighborhood meeting. there were concerns regarding drainage that was discussed extensively at the Planning and Zoning Commission meetin& and the Drainage Study was again reviewed. The Drainage Study was submitted as part of the PUD. Public Works reviewed it a second time and there was a memo from Director Ross included in this evenings packet. Director Ross is also available. she said, if there are any additional questions. The drainage channel lip on the nonh side of the drainage channel has been raised per the requirement from the Planning and Zoning Commission . Again access is via a private drive, which will be maintained by the Homeownen Association. That drive is not to be dedicated to the City, the reason being that the drive is not to City standards, width . Each propeny must have a minimum of four parking spaces, with a minimum of two of those spaces being within the attached garage . There are also three designated pamna spaces on the north side of the private drive and two designated in the snow storage area, when it is not being used for storage . This actually exceeds the requ irements for parking in the R-1-A . Regarding landscaping, she said, Lots I throu gh 4 will comply with the ordinance and public right-of-way as per the plan u reviewed by Public Works . This is comparable to our existing standards . The applicant is also requestin& a screening wall along South University Boulevard ... this is an 8 foot high wall . Currently, in R-1-A , the maximum height 1s 6 foot. however. considering the location and the desire to mitiaate traffic noise and to provide privacy, 8 foot 1s not an unreasonable request. Utilities, as I've said. has al-ys been an issue on this property. In regard to the water and sewer. she said, the applicant has worked out apttments and the Water and Sewer Board has reviewed the agreements, and if all is well , it will work out that the applicant will be able to re cei ve Denver water through a main in South Univenity Boulevard. throuah an IOA, and sewer service thro ugh Metro Wastewater in a line also through South Uruvenity. This will save comin& from Eut Da11mouth or East Dllltmouth C ude up tluough the flagpole aud tbeu to the properties . There is oue other iss ue. she said . C urrentl y. the power for the Korean Emmanuel Methodist Church, wlucb is south of the pro perty , come s from a line that crosses tl1e de,elopm,mt. There is no recorc:kd euemeDI for that line and the appli cant propo ses to underground that line through his propeny throu&h an easement. She explained .. •' ' I ' t • • - 0 Englewood City Council November 4, 2002 Page 6 0. that who pays. or how that is organized. is a civil issue that needs to be discussed between the two property owners . lso 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 are 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, efforts should be made to encourage flexibility to permit innovative design and development and better use of land. Because of the property history, and the neighbors desire for single-family, Community 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 maintenance issues and that document be filed against all properties with Arapahoe Cour,ty and that a recorded copy of the Homeowners Association document be provided to the City. Ms . Langon said if there are any questions I would be glad to answer them. Mayor Bradshaw asked it there were any questions . There were none . Peter D. Pappas, Pappas Architecture, LLC, 2422 South Downing Street, Denver, said I am happy to be here tonight representing David DiPane, the owner of the property in question this evening. Mr. DiPane is here also , and if there are any questions, either Mr . DiPanc or I can answer, we will be very happy to answer those questions. Before the Planning Commission several weeks ago, he 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'll try not to miss them, but if there arc 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 extreme northeast portion of Englewood. is to the north and behind the Korean Emmanuel Methodist Church and to the east of the Brown mansion. As many of you may recall, this piece of property has had a varied history . The Brown mansion was relocated to its present location in about 1983 from the extreme comer of Dartmouth and University. The church was then built, thus leaving this small portion of property between the City of Denver and the Korean Church. Many attempts have been made to develop this under the R-1-A zone districting, as Ms. Langon had indicated, by an assisted care center and a mortuary. I have actually lived in this neighborhood about 15 years myself, he said, although I do live in Denver, and I have watched this property sit there vacant and have wondered about things that could happen to it. I contacted the present owner about the property and he did buy it based upon some analysis that we had done that we could build four single-family homes there . Althou6h, yes, we would have to do a PUD for it. We have spent almost a year and a half or two years now , working with the City of Englewood, working with Denver Metropolitan Wastewater District, working with Denver Water Department, working with the City of Englewood Utilities and Public Works and the Planning Commission and planning staff in order to try to create a PUD development that is consiste nt with the intent of the R-1-A code, although it may not meet the exact specifications ofan R-1-A zone. Also , as part of our process, as Ms . Langon indicated, we did hold a neighborhood meeting in August of 2001, which was advertised to all the neighbors within, I believe, a thousand feet or it might have been 600 feet, I'm not sure. We did have nine members of the neighborhood show up at that meeting and we discussed things with them, and ideas we have had . Subsequent to that, there were two presentations before the City of Denver neighborhood group, the Cherry Hills Vista Community Associanon. which represents the homeowners to the north and the surrounding property in Denver . There were two presentations at their monthly meetings. as well as. several meetings with the directly affected hou1cowne1s to the 1101th and there arc five or six of those . We have had several meetings witl1 them md1v1dually and as a group in order to go over our plan . We have had very, very good support from those neighbors to the north as well as from the neighbors in Englewood for the project. The dev I prnent of the property. because of the umque contiguranon of 11. the depth of 11, would only have allowed two single- fa mily home s with a 75 foo t frontage on Umversi ty and it would have been quite deep . We looked at a,enues for creating a ,anance for this. or whatever . Part of the problem with the property is that. 11 will be m excess of S 150.000.00 worth of uuliues and public improvements that are necessary to make this a developable parcel. In particular, bnngmg sewer to the si te , whether it be from the City of Englewood or ' •40 .. . '. . .~ . • • • - Englewood City Council November 4, 2002 Page 7 .o (J Denver Metro W.~stewater, as well as bringing water to 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 . I believe it is and l'mjust questioning that. We worked with Public Works to get the width. which they had originally said we could be 22 feet curb to curb . We have widened that, he noted, to 30 feet curb to curb with some parking, 'IS well as sidewalks on the side . I believe one of the reasons we did not make this a City street was because of a maintenance issue ... that the City felt with a short street like that, which serves only four properties, that the City would rather have the property owners maintain that. We have met with the Fire Department, Public Works, and Denver Water to verify that we do have the width in that private street necessary to serve these homes. Mayor Bradshaw asked Director Ross ifhe had a response to that statement. Or, she asked Council, would they rather wait until his presentation is completed. Council decided to wait until Mr. Pappas had 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 property to the west has a parlcing lot that historically flows across our site, along a swale towards University Boulevard . One of the key design fearures of our plan, he said, is to carry that historical flow from the mansion property in a channel that runs to the north along our west property line and then east along our north property line . This channel is roughly a foot and a half wide by a foot and a half deep . It has a six inch high lip on the north side to protect the properties to the north, as was requested by the neighbors. It is designed through our park engineering consultants. It is consistent with the final drainage report and it has been reviewed and approved by the City of Englewood Public Works Department. We believe it will handle all flow from an historic 100-ycar storm across that property. It will also handle the nmoff and drainage from the University Homes property, so that there would be no negative cfl'cct, in a 100-year storm, on any other properties adjacent to our property. Among the issues that we arc asking for some relief from the R-1-A zone, arc the set backs which Ms. Langon indicated before . We have created building envelopes that the buildings may sit in . The set backs for these building envelopes arc actually larger than are normally required by the City of Englewood R-1-A zone. The building envelope is just that, a place where a building could go. It is larger than the actual 42 percent building 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 arc also quoted on our District Plan, so that our landscape complies with the City of Englewood landscape requirements . We arc creating a cul-de-sac, which will have three parking places on the north side of the access road, as well u a tum-around. We call the pri vate drive an outlot. It is part of the PUD , but it will be owned by the Homcownen Association, who own the four houses and will be maintained by them . Trash pickup and snow removal will be under the Homeowners covenants. as well as maintenance of the cul-de-sac and the road. In order to screen the hou ses from traffic noise , we arc proposing to construct a screen wall on the cut property line, on the west si de of University Boulevard, which you will sec in our drawing here. We have also provided landscape in the right -of-way. This will all be owned by the City , but maintained by the Homeowners Association. in accordance with our District Plan . The wall will be 8 feet tall along Univenity Boulevard to help SCTMD the sound, noise and sight from the traffic on University . It also turns the corner toward the west, a distance of about 25 feet with a shoncr wall at 6 feet tall . We have proposed sipage on that wall which id entifie s the p10p,:1ties with thtir aJJre~s. as well as University Homes anJ that is abo indicated un OW' Distr ic t Plan . We arc compl ying with all the uses that arc allowed in the R-1-A, but the specific portion of this P D 1s that the PUD only allows single-family residences on this property. If this property were to remain R-1-A , 11 would be conceivable that the church could expand into this area and build some kind of a classroom building or other church use buildina. There arc other uses in the R-1-A that would be allowed he re. With our PUD we arc only allowmg the single-family residence and we arc cxcludina all other uses m th is devel opment. The onl y cxccpnon we have made 1s that we arc maJana allowance that a home office can be operated m one of the se hou ses. What that means is , u naach as people arc doina what they call t . .., .. • • " • Englewood City Council November 4. 2002 Page 8 0 tel ecommuting 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 I'm j ust going to stop right there , he said, and we have some colored drawings here that may help you to unde r 1nd what we arc talking about. l '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 bad . 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 parking 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 configured their driveways, those two driveways at the end of the cul-de-sac act as kind of a hammer head, so that people, if they happen to have a larger vehicle and they pull in there, would actually be able to turn 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, he 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 bearing subsequent testimony given before the Englewood's Pla nn mg Commission, certain things came to light that now cause me to be against the project. The reason I feel the Englewood City Council should tum down the proposal is beet.use the PUD is simply a plot plan that all o" for oversized houses to be built on undersized lots. That is, houses larger and moreover taller than are pre sently allowed in the City of Englewood R-1-A code. I feel this excessive height, in panicular, will have a very negative impact on my property. Moreover, it will negatively impact all the other neighbors immediately adjacent to the nonh, as well . The developer's representative, Mr . Pappas, claims the excessive height is to allow for attractive sloped roofs. However, the fact of the mancr is, that under the Englewood Code it would actually allow for a three-story structure with a Oat 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 desi gners or builders . The Englewood City Council should place a hipr 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 ,s 80 degrees overhead at the begiMing of summer, it is only 30 degrees above the horizon at the beginning of winter . As such , the ground in my back yard would be overcast and shadowed for a good part of the fall and winter . Basically, I don 't see adequate safeguards within the proposa~ and by the City ofEnaJcwood, whic h preserves the relatively high quality of life we presently enjoy in Cherry Hills Vista, where houses are lirruted in height to an honest two stories . As a point of reference. my own two story, garden level , house 1s onl y 17 feet tall at the very highest point. whereas the purposed PUD would allow for houses 32 feet in height . which is nearly double the height ofnot only my house, but all the rest of the resident ial homes m the surrounding area . Dunng the previous Puhl.Jc Heanng, I asked 1f the structures could be limiu:d to two stories . But the answer was that neither the Planning Commission nor the Building De partment is abl e 10 defme a story . The fact that the proposal asked for roofheigblS well beyond R-1-A 25 foot limit . is thu s unacceptable . The proposal asks for these larger than the R-1-A structures on comp arati ve ly small plot s. lots that are smaller than the 10,000 square: foot minimum required within the prese nt Englewood R-1-A code . Moreover , he pointed out, these units would be accessed by a limited shared drl\'eway with n cornparau vely diminutive cul-de-sac . Again. it is necessary to poinl out that. in sone of 1he p lan . 1he owne r 1s uncertam what he will actually do with the property. In previous 1esnmony .. ., , ... .. 1 ' . t • • Englewood City Council November 4, 2002 Page 9 before the Planning Board, he indicated that he actually docsn 't know who will build on the lots or for that maner, what exactly will be built. It is obvious that he is going for the largest possible individual residential structures that can possibly be squeezed onto this irregularly shaped parcel. It certainly appears to me that he holds open the possibility of marketing the entire parcel in combination with PUD to some unlcnown and perhaps unsuspecting parties prior to doing any of the work 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 reasonable and unobtrusive reasons. Since there is no actual house plans 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 should not be granting a carte blanchc 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 reasonable . For example, the same language that is contained in the present R-1-A code could easily be incorporated into the PUD. Additionally, the PUD needs to indicate that both fencing and drainage will be constructed at the applicant 's expense and prior or in conjunction with any home construction. Now, I think that was addressed by Ms . Langon, about the three step phase here tonight, and I prepared my testimony in advance, so I do understand that that has been addressed. Owing previous public hearings, Planning Board members and Englewood drainage engineers indicated that the drainage situation on the parcel was essentially very poor. It is my understanding that the grade for the proposed drainage channel is only two-tenths of one percent. In other words, the drainage channel is essentially flat. It seems to me, that a more appropriate solution would be to elevate the channel at the northwest end. Presently, the height of the parcel in questio1 is approximately 3 feet higher than my back yard. This elevation change occurs at the property line immediately behind my fence. This is due, in great part, to an earthen berm, which was required by the City of Englewood to protect us from the runoff caused by the parking lot behind the monstrous old, gray house on Dartmouth. If it turns out, when the actual construction begins, that the concrete drainage channel is in fact elevated in any significant height, that is more than 6 inches above the height of the property directly to the north, the PUD plan drawings and language should indicate that the concrete channel liner will, in fact, be supported by a masonry retaining wall or a masonry face embankment which protects the property owners on the north from any soil slumping, erosion or tnass wasting. To complete my testimony, he said, I urge the City Council to send this project back to the drawing board with a recommendation that the developer come up with a plan that is genuinely in line ~ith presently accepted R-1-A standards. Mayor Bradshaw asked iftherc were any questions . There were none. Mayor Bradshaw thanked Mr . Bodley. Mr. Bodley thanked Council for listening . Council Member Garren asked if Ms. Langon could address the "two story -32 foot height" 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 there might only be one story within one house or the house next door could have two stories because there arc two floors . So, I would strongly caution against using the word story to define a height . Having a limit a number limit ... something that is definable , is far more preferable , she said. Council Member Garrett said using a common usage of the word story, not putting it into the text, that the tesumony was that this could be three stories with a flat roof. You have houses that are built widl flat roofs on the southwest comer of University and Hampden, and that would be a concern, I think. The 32 feet, he no ted, would allow that type of structure . He asked if there is a way we could sugest that it's not really appropri.itc . l "! ' • .' • En&lewood City Council November 4, 2002 Page 10 Ms. Langon explained that yes , it could be a three story. It could be three levels within the house, if you had 8 foot ceilings. Generally, most houses arc 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 as you build the house up and add floors , you could reach that 32 foot height and have, virtually, a flat roof. Member Garrett stated the recommendation to Council was based on using the expression "two story strucrure." I think it was used in the communication. So ifwe can't define story, how do we set a limit. Ms . Langon said by setting the height limit. He said, but you just said, setting the height limit docsn 't solve the issue. Ms . Langon responded, no, the height limit docs set the maximum height. Member Garrett said, you just told me you could have three stories, with a flat roof. Ms . 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 house within 32 feet. It depends on how many floors you have in your house and the ceiling height of each of those floors. Member Garrett stated the document I received said, "the height will accommodate a two story structure with a pitched roof." Ms. Langon said yes. Mr. Garrett said if we can't define what a story is then this is incorrect. Ms. Langon replied, yes, but what I was trying to say is, the normal way someone would dcscnbe 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 space bctwccn floors and a pitched roof. Member Garrett said, just so you know from my perspective, I think of a two story house with a pitched roof completely different than a three story house with a flat roof. I just think of that differently. Ms . Langon said right . Mr. Garrett said you gave me the impression that that was what we would be approving ... a two story house with a pitched roof. But there is nothing here in the PUD that has that kind of limitation in it. Ms . Langon said that is correct, you arc approving a height limit. Council Member Wolosyn said I would say that the issue is not the number of stories, it's the height. think 32 feet may be excessive . I know Englewood has a 17 foot height restriction ri&ht now, but we all think that is excessively low. We have learned that that has made it very hard to expand houses . So, I think 32 docs seem excessive to me, given that even in Denver, it is 30. Ma yor Bradshaw said I can only speak from living next to a PUD in Littleton, which abuts my back yard, which was sold to the neighbors as a two-story. Then they said that didn't include the pitched roof and that also didn 't include the elevation of the site. Since then we lost our whole mountain view . My concern is that 32 feet 1s too high. she said . Ms . Langon sai d that's why you want to use a number rather than stories. Your description of stories, in the situation you just described, is exactly why you don't want to say stories . You want to have a number, that 1s a definable number. Mayor Bradshaw asked if that 32 feet included the roof. Ms . Langon replied that our definition of hei&ht is to the highest point ... from grade to tl,c highest point. Mayor Bradshaw asked from what point on the ground. Ms. Langon said on 1111 average point along the grade at the front of the house . Mayor Bradshaw sta ted I do not like that . I don ·1 know what you can do. This is not our time for a lot of input, but that 32 feet 1s very lugh. I know, I live right by it, I sec it and I don't sec the mountams every day . M3yor Bradshaw askNI 1fthere were llllY other questions for Ms . Lanaon. ' .. .' • • Englewood City Council November 4, 2002 Page 11 Mayor Bradshaw stated she thoughl 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 are 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 as R-1-A., the R-1-A just defines the district standards. On this project, Mr. DiPane is the developer aild he is the owner. As we go forward with this project, there is infrastructure that needs 10 be done, houses to be designed and such. Right now, the intention is for Mr . DiPane to do that work, as you know. The reason Mr. Bodley may have asked that question is, as with any development, you must first 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 . W c had originally planned on starting houses immediately . There may be a delay with respect to stilting those houses . At any time, things can change, but right now the intention is to go forward with ii 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 sun and the impact on the properties on the north with the height in this project. Has that been taken into conaidcration? You don 't have a design yet, she said. so forget it. Mr . Pappas said he would like lo 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, he said. As Ms . Langon indicated, a single family home, as designed. typically has first floor level approximately two feet above what we call mean grade. Tbcsc sites are relatively flat, so if you were at the front door of the house, where the house comes out of the ground, you would take that elevation around the house, go two feel 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 10 a IO foot ceilina height on the main level. Say that is 9 feet, you would have approximately a fool for your floorto floor, so you 've got 2 feel 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 fool height, you could build three floors of 8 feet each and have a flat roof. You would have a very tall, boxy buildina. I don't know if you would have a building that would be attractive and saleable, but ii is conceivable that you could do that l think if the height is an issue , we would certainly be willing 10 consider some type of condition or somelhina lower ... we would like 10 think possibly in the 30 foot range if we were 10 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 ts 17 feet and with a garden level, I assume the first floor is about 3 or 4 feet into the ground . You t ome up 8 feel from that and you have another story. That's a garden level one and a half stone s. So. it is reall y hard to use that type of a semantic for what a story is . 1bis is where we came up with a height. Den ver uses a bulk plane that starts IO feet above the property line and then slopes p at 45 deg rees on a 50 foot lot that would be some place between 30 and 35 feet, depending upon the width of the lot. The wa y the se houses are arranged, the long side of the property, on the two nonh properties, runs east and west , so you might envision a ridge line running cast and west so that the slope east and west comes thi s way . so the sun would come along down there . We don 't envision it being 32 feet ac the north property line. I hope that answ ers the question, he said . Mayor Bradsha w asked 1f that answered the question. Mayo r Bra dslui w asked af there we re an y other que stions . 1bcrc were none . Dan Dulane y. 2927 South Lllfayene Drive , sa id I am an En&lewood resident and also an arcbitect. l'\-C looked at thi s lot . tlu s weed patch. for a Iona time and it would be nice IO see SOfflllbin& built on it. It bu •• t • • Englewood City Council November 4, 2002 Page 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 10 infill this lot. I do have a concern with the height and I think with what he just said about 30 feet , I think that would be a good compromise . It would bring it down to where they almost have to do two sto ries and they would be able to appease the north property owners . I guess that is all I have to say, he said, as I wanted to keep this really short. Marilyn Chong, 3050 South University Boulevard, said that I live right straight across 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 conc:ems , Mr. Bodley. Is there a set-in- stone limit to a one-story house? I would hate to see the two-story or whatever go through, because ifl 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 seems very foolish to me, she said, because what we conc:eive of as a story today, may very well change in five years. Thank you . John Gates. 3950 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 seems like a fairly responsible development He pointed out that you could end up with a church eventually owning that land and building another large building there . It would probably have a parking lot on it as well and you would have people milling around all the time. I don't think that would be a very good alternative . I grew up in Littleton, he said, and our house bordered a piece of land owned by the water works . When 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 ofa concern. As far as the sunlight goes ... yes this time of the year the sun is very low in the sky, but it also moves across the horizon. It may be blocked at certain times of the day, but it won't be blocked all day . That's 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 address this issue . There was no our else. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Cowicil Members Nabholz, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : Nooe Absent : Council Member Moore Moti on earned and the Public Hearing closed. Mayor Bradshaw stat ed that Council will take this under advisement. We don't usually make decisions the same night as the public hearing , she s" id. 10 . Consent A&enda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (11), 10 (b) (I), (11), (ill), (iv), (v), (vi) aad (vil), (c) (l), (ii) and (iii). (aJ Approval of Ordinances on First Reading (i) COUNC IL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GA RRETT Englewood City Council November 4, 2002 Page 13 A BILL FOR AN ORDINANCE APPROVING AN INTER GOVERNMENT AL 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 OKlJINANCE 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 B~GINNING JANUARY I, 2003, AND ENDING DECEMBER 31, 2003, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIA TlON BILL FOR THE FISCAL YEAR 2003 . (iv) ORDINANCE NO . 55 , SERIES OF 2002 (COUNCIL BILL NO . 55 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINA NCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WA STEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2003 . (v) ORDINA NCE NO. 56, SERIES OF 2002 (COUNCIL BILL NO . 56 , INTROD UCED BY COUN CIL MEMBER WOLOSYN ) AN ORDINA NC E APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2003 , AND ENDING DECEMBER 31 , 2003 , CONSTTI1JTING WHAT IS TERMED THE ANNUAL APPROPRIATIO N DILL l'OR TIIE PISCAL YEAR 2003 . (vi) ORDINA NCE NO. 57, SERIES OF 2002 (COUNCIL BILL NO . 57 , INTRO DUCE D BY COUN CIL MEMBER WOLOSYN) AN ORD INANC E AUTH ORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "MANAG EMENT AG REE MENT' BETWEEN THE CITY OF ENGLEWOOD AND THE .. ' ... • • •. En&lewood City Council November 4, 2002 Page 14 ENGLEWOOD HOUSING AUTHORITY PERTAINING TO 1llE MANAGEMENT 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 CAPITAL PROJECTS FUNDS TO 1llE GENERAL FUND. (ii) AUTHORIZING 1llE LffiRARY'S ANNUAL "FOOD FOR FINES" PROGRAM FROM MONDAY, NOVEMBER 18, THROUGH FRIDAY, DECEMBER 20, 2002. RESERVOIR. (iii) THE PURCHASE AND INSTALLATION OF FENCING AT McLELLAN Vote results: Ayes: Nays: Absent: Motion carried. I I. Reaular A&enda CoUDCil Members Nabholz, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Moore (a) Approval of Ordinances on Fint Reading There were no additional items submitted for approval on first reading. (See Agenda Item IO • Consent Agenda.) ( b) Approval of Ordinances on Second Rc~ding There were no additional items submitted for approval on second reading . (See Agenda Item JO . Consent Agenda.) (c ) Resolutions and Mollons There were no additional resolutions or motions submitted for approval. (See A&enda Item IO • ColllClll Agenda.) 12 . General Dlscunlon (a ) Mayor's Choice (i) [Clerk 's note: See A11enda Item 12 (b) (ii).] (b) Council Members ' Choice Englewood City Council November 4, 2002 Page 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 Brownficlds 2002 Annual Conference. Englewood has won the EPA Region 8 Award, be said, and I will be there representing the City and I would like the Council to approve my budget ofSl ,055 .00 . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER GARRETT'S TRAVEL BUDGET. Motion carried . Ayes: Council Members Nabbolz, Wolosyn, Yurcbick, Grazulis, Bradshaw Nays: Abstain : Absent: None Council Member Garrett Council Member Moore (ii) Mayor Bradshaw stated they needed to talk about RTD route 12 . Council Member Wolosyn said that, even though I didn't sec anybody here on the olbcr side, l UDderslalld that Community Development has had calls concerning it and it seems to me that RTD may not have given it a complete public discussion. Did I understand Lauri Danncmillcr to say that we can ask them to reopen it and have another hearing ? Mayor Bradshaw stated that the two suggestions are to conduct a second public hearing prior to January 1 • or delay the change until the next scheduled service change in May 2003 , where another Public Hearin& can gage rider interest. Council Member Wolosyn said since it seems to be part of the discussion right DOW, I would like them to do it before January. Mayor Bradshaw said the sad thing is that trying to run any kind of public meeting this time of the year is very difficult, as we all know . I don 't know if that would be fair. I would propose that we not do anytbina until the next scheduled service change in May and ask for another meeting. Council Member Garrett stated that in essence we arc going to say, becauae we arc hearing input on both sides. that we would ask them to delay any implementation until they held another Public Hearing with proper notice . Mayor Bradshaw noted that people from Orchard Place and Malley Center are also concerned . Ms . Wolosyn stated herconccm is that by the time 'May comes around they may do the same thing and we're back in the same place . Mr . Garrett stated that if they have given proper notice to the citizens and they bave been given the oppommity to voice their concerns and everyone knows that it is happening. then that's wbat happens . Co uncil Member Wolosyn said I don 't want to be faced with the same issues apin in six months . Ma yor Brad shaw sai d my idea 1s just to leave it the way it is. AO this is a compromise on my pan . Just to say that 's 1hc way it is going to be , lets just leave II the way it is . Council Member Wolosyn asked if she was saying that the RTD position stands, that their decision stllnds . Mayor Bradshaw sa id no , that we leave the route the way it has always been. • • 0 Englewood City Council November 4, 2002 Page 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 voted to change the route. Mayor Bradshaw said that is right. Mr. Garrett said the status quo is that the routes have been changed. Mayor Bradshaw said men what we need to do is write a letter to delay the change until the next meeting, until they have heard from both sides, because we are not mediators for this, this is their deal. City Manager Sears said the letter is to ask that they not change the route until they, at least, have another Public Hearing. Council Member Garrett asked that we add that we would like the citizens noticed in a manner different than before. which was on the bus. Mayor Bradshaw said we would like the gentleman that spoke this evening to be noticed. Mayor Bradshaw said Mr. Zavist came up to us at the meeting when we were down tJ,~re and just said "by the way, is it okay if we change this route" and I questioned what he was referencing. Council Member Wolosyn said we discussed it and it seemed as ifhe was doing it for the reason of making the shonest distance between two points. Mayor Bradshaw said I would rather have us delay this, if that is Council's pleasure. City Manager Sears said we will notify Mr. Zavist also, of this decision. Mayor Bradshaw said have a letter ready and I will sign it. 13 . City Manaser's Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR BRADSHAW MOVED TO ADJOURN . The meeting adjourned at 8 :50 p.m. ~I~ • • Student Artist Recognition November 18, 2002 We are very pleased this evening to be honoring the students whose anwork is showcased in the 2003 Englewood Calendar. This is the founh year we have featured student anwork in our calendar, and the 2003 Calendar also offers a tribute to Englewood's history, as next year marks Englewood's Centennial year. To gather anwork for the calendar, the City held an an contest that was open to all students who live or go to school in Englewood. We received neatly 200 entries, and sixteen entries were chosen for the calendar. The Museum of Outdoor Arts hosted an exhibit and an Artists' Reception for the Top 50 finalists, including the 16 winners. The calendar art was chosen by a selection panel made up of City Council Members and Englewood's Cultural Ans Commission. I had the pleasure of serving on the selection panel, along with City Council Members Julie Grazulis and Olga Wolosyn, Eric Benoluzzi, Chair of the Englewood Culturai Arts Commission, and Cultural Arts Commissioners Mary Lynn Baird, Kate Dulaney, Darrel Freeland, Janet Moore, Donna Schnitzer, Maggie Stewart, and Ray Tomasso. Kris Fritzche (FRITCHEE), the Education Coordinator for the Museum of Outdoor Arts, and < Molly Maginn from Chicken Lips Comedy also helped with the selection. Choosing just 16 pieces of an to include in the calendar out of the many wonderful entries we received was not an easy task -thanks to the selection panel for their efforts. l would like to offer a special thanks to the Cultural Ans Commission for their continued enthusiastic support of, and assistance with, the student art calendar project. • • We will be returning the artists' original artwork this evening. As you can see, we 've had the pieces matted and framed. The artists will also receive a certificate of congratulations. Council Member Olga Wolosyn will help me hand out the certificates and return the artwork this evening. Olga has been very involved in the calendar project. I would like the artists to come forward as I call your names. After the recognition, we would like all the artists to gather in the lobby outside Council Chambers so we can take a group photograph of the artists with their artwork. And the 2003 Calendar artists are . . . Austin Boyer, (BOYAY) a 151 Grader at Maddox Elementary. Austin's abstract acrylic painting entitled "Ocean Flower" appears on the cover of the calendar. Kayla Eickmann (Il<EMAN), a 3n1 Grader at Clayton Elementary School. Kayla's piece "If I could fly ... " appears in January. The piece was inspired by Faith Ringold's story quilts. Corina Zdroik (SOUNDS JUST LIKE IT'S SPELLED), an 8th Grader at Flood Middle School. Corina's piece, entitled "tear" (LIKE TEARDROP), appears in the month of February. This is a tempera ponrait in the style of Pablo Picasso. Katherine Jantz, a 2nd Grader at Clayton Elementary School. Katherine's "Wiggly Giggly House" appears in March. Eric Vorhees , a 4•h Grader at Maddox Elementary. Eric's "African Bull" is a crayon resist drawing inspired by the African tale "Why Mosquitos Buzz in Peo ple's Ears." His artwork appears in April. 2 • t : • • Michael Munds, a 9th Grader at Englewood High School. Michael's etching, entitled "The Wisc Old Man," appears in May. Justin Glotzbach, a 1n Grader at Charles Hay Elementary. Justin's anwork, a pastel and construction paper piece entitled "The Magic Tree," appears in June. We have four artists featured in July. The selection panel couldn't decide which piece to include, so they decided to use all four of these suns crafted with chalk and glue. (Call each anist up individually.) Josh Heidrick (HIDE-RICK) is a I It Grader at All Souls Elementary. Lydia Rosenof (ROZENOFF) is also a I" Grader at All Souls. Brenna Sauer (SOUR) is a I" Grader at All Souls, too. James Marion is a 1 • Grader at All Souls, as well. Kaylee Cothren is a 4•h Grader at Gayton Elementary School. Her anwork, "King of the Serengeti," appears in August. Dana Diekmeier (DEEK-MYER) is a 6th Grader at Flood Middle School. Her artwork, "Nothing but Tumble Weeds and Cactuses," is a landscape collage made of tom pieces of painted paper. It appears in September. , Tegan (TEEGUN) Moss is a I O'h Grader at Colorado's Finest Alternative High School. Her print of an African tribal mask appears in October. Jessica Hodges is a 7•h Grader at Sinclair Middle School. Her artwork, "Dia de los Muertos ," is featured in November . 3 Lani (LONNIE) Hurd, an 11 'h Grader at Colorado's Finest Alternative High School. Lani 's pastel drawing, "Life After Death," appears in December. Congratulations to all of the students whose artwork is featured in the Englewood 2003 Calendar. We'd like to offer a special thanks to the art teachers, the parents , and the grandparents for their support of these talented artists. We also need to offer a big thanks to the local businesses that helped sponsor this year's calendar: Moser Printing, A & B Custom Framing, the Museum of Outdoor Arts, Colonial Bank, the Greater Englewood Chamber of Commerce, Community First National Bank, Guys & Dolls, and Cornerstone Books. 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"Yll;t 6., r ~~7(1,l/f'71j io"'-71or -t-~--1 --------I S -? ~--~~ .. -c:f..D _Sc,_. 0 • I I ,ti, So . .:., . .,. . ., ' .; • • • t .. ' ., • • ~--------- ' • • PROCLAMATION WHEREAS, Thanksgiving Day celebrates the spirit of selfless giving and an appreciation for family and friends ; and WHEREAS, the s pirit of Thanksgiving Day is a virtue upon which our nation was founded ; and WHEREAS, th irty -three million Americans, including thirteen million children, live in households without an adequate supply of food ; and WHEREAS, almost three million of these children experience hunger; and WHEREAS, selfless sacrifice breeds a genuine spirit of thanksgiving, both affirming and restoring fundamental principles in our society . NOW, THEREFORE. I. Beverly J . Bradshaw. Mayor of Englewood, Colorado, do hereby declare Thursday , November 21. 2002. one week before the traditional Thanksgiving Day, as FEED AMERICA DAY and call upon th.: peopl.: of Englewood to sacrifice, or fast, for two meals on Thursday, November 21 , 2002 . and to donate the money they would have spent on food to a charitable or religious organization ofth.:ir choice for the purpose of feeding the hungry. GIVEN under my hand and s.:al thi s IS '" day of~ovember, 2002 . Beve rl y J. Brads haw, Mayor t •· • •• • • PROCLA:vlATION HONORING THE 25TH ANNIVERSARY OF THE MALLEY SENIOR RECREATION CENTER WHEREAS. the Malley Senior Recreation Center began in the mid 1970's when the Englewood Bicentennial Committee <lccic.Jec.J to promote the idea of a Senior Center; and WHEREAS . the EnglcwcH>c.l Biu:ntcnnial Committee raised the needed funds to build the Malley Senior Recreation Center from io<:al <lonations and by securing a matching donation from the City of Englewood; and WHEREAS. the Center was namcc.J after Elsie M . Malley whose generosity led the donations for the proposed Center; anc.J WHEREAS . the Malley Senior Recreation Center opened on December 3, 1977 and has continually been a focal point for seniors :mc.J the c ommunity by promoting healthy aging by providing progressive recreation programs for seniors as well ,., the entire community; NOW THEREFORE. I. Beverly J. Uraushaw . Mayor of the City of Englewood . Colorado. and Members of Englew,•,c.J City Coum:il. in honor of the Malley Senior Recreation Center's 25'" Anniversary, hereby proclaim th" w""k or l).,c.,mh"r 2, 2002 MALLEY SENIOR RECREATION CENTER WEEK in the City of EnglcwcHIU. Colorado. ·n,e City of Englewood officially congratulates and recognizes the Malley Center for all their progre ssi ve recreation programs while serving also as a community resource to the seniors as well ,., 1he entire community. GIVEN unde r our h:111u, .mu ,cal s this 18th uay of November. 2002 . Be verly J. BrJu,h,,w . Mayor Julie Gr:izulis John H . Moore Dou gl:ls GJrrctt. Mayor Pro r cm Ann Nabholz Olga Wolos yn Mil..e Yurchick ,. ' • • • • SERIES OF 2002 ··~~llll.l.-T'ro1111,. ... If CO FOR THE CITY OF ENGLEWOOD, COW . . . I WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enfon:cment Adviaory Committee is an advisory committee focuted on the activities and services of code enforcement and replalory proc:esaes of the NeigbbQrbood Services section of the Department of Safety Services, the Gommittee makes recommendatiOIII to City Council and to the City Manaaer or hia/her designee for improvementa relating to the Neipborbood Services in the Oty; and WHEREAS, Bill Belt was appointed to serve as a member of the Englewood Code Enforc:cmeat Advisory Committee; and WHEREAS, City Council desires to reappoint Bill Belt to fill another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-Bill Belt is hereby reappointed to the Englewood Code Enforcement Advisory Committee effective immediately with his term expiring July I, 2004. ADOPTED AND APPROVED lhis .18* day of November, 2002. ATTEST : Beverly J. Bl'lldabaw, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above ii a true copy of Resolution No._, Series of 2002 . Loucriahia A. Ell is NO._j OF2002 WHEREAS, the Englewood Code Enfor=nent Advilory Committee was established by the Englewood City Council with the passage of Ordinance No . 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee fOCUICd on the activities and services of code enforcement and regulatory proceuea of the Neiahborbood Servklea section of the Deputment of Safety Services, the Committee makes recommendltiona to City Council and to the City Manager or his/her designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, Chris Hoagland hu applied to serve u a member of die Englewood Code Enforcement Advisory Committee; and WHEREAS, the Englewood City Council desires to appoint Chris HoaaJand to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Scl.wm...l. Chris Hoagland is hereby appointed to the Englewood Code Enfort.'CIIICnt Advisory Committee effective immediately with tenn expiring July I, 2004. ADOPTED AND APPROVED this 18'" day of November, 2002 . Beverly J . Bl'lldahaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Cleric for the City of Englewood, Colorado, hereby certify the above ia a true copy of Resolution No ._, Series of 2002 . Loucriahia A . Ellis NO._. Of 2002 ·~ AftODfflNQ.JIMOOODlllCBTO'DIICODII~ ~y I COMMITI'EE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Code Enforcement Advisory Committee wu established by the Englewood City Council with the passage of Ordinance No. 71, Series of tm; and WHEREAS, the Code Enfon:ement Advisory Committee is an advisory committee focuaed on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Department of Safety Services, the Committee makes recommendations to City Council and to the City Manager or his/her designee for improvements relating to the Neighborhood Services in the City; and WHEREAS, a member of the Code Enforcement Advisory Committee hu resigned and City Council desires to reappoint Jim Goodrich to fill the remainder of a term. NOW, THEREFORE, BE IT RESOLVED BY J'HE CITY COUNCll. OP 111E CTrY OF ENGLEWOOD, COLORADO, THAT: ~-Jim Goodrich is hereby appointed to the EnsJewood Code Enforcement Advisory Committee effective immediately with bia term to expire July I, 2003. ADOPTED AND APPROVED this 18"' day of November, 2002. ATI'EST: Beverly J . Bndahaw, Mayor Louc ri shia A. Ellis, City Clerk I, Loucrishia A. Elli s, C ity Clerk for the City of Enatewood , Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2002 . Loucriahia A. Ellis / Nancy Fenton 10/09r.!002 03 :57 PM To: b.mccahillOwortdnet.att.net cc: Anthony Fruchll/City ol EnglewoodOCOE Subject: Re: September packet RECEIVED NOV ·7 2002 ClTVMANA~UffiCE SN~OO. COillRAOO FYI. I will send him a resignation letter for his signature. ---Forwardad by Nancy FlfflDII/Clty of e,;gl°ewood on 10IQV/2002 03 :5' PM ----·--- From : Sean Mc Hugh clm311indulged0holmail.com> on 10/09r.!002 03:53 PM To: Nancy Fenton/City ol EnglewoodOCOE cc: Subject Re: September packet Dear Nancy Fenton, My name is Sean Mc Hugh and I'm part of the KEB committee but i'm really not part of it. School has conflicted with every opportunity to come to any meetings and I personally thank you and the committee for a least giving me a chance to be part of KEB . But I must resign from my position due to not enough time in my schedule. Thanks for putting up with my absents and keep trying to keep Englewood Beautiful. Sean Mc Hugh Join the world's largest e-mail service with MSN Hotrnail. Cilek Here < http://g.msn.com/1 HM1ENUS/c157??Pl=44364 > COUNCIL COMMUNICATION DATE Agenda Item Subject November 18, 2002 10a i Law Enforcement Assistance Fund Grant INITIATED BY STAFFSOURa Safety Services Department John Collins, Lieutenant Communitv Services Grouo COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has approved the City's participation in the LEAF Grant DUI prevention program several times in years past, most recendy 2002. RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance approving the Law Enforcement Assistance Fund (LEAF) contract L-19-03, enabling the City of Englewood to enter into a contract with the Colorado State Department of Transportation granting the City money to be used by the Department of Safety Services for DUI detection and enforcement BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The proposed ordinance would allow the Department of Safety Services to accept LEAF grant money for use in the detection and apprehension of DUI drivers within the City of Englewood. The Englewood police, in accordance with state motor vehide laws, and with the preservation of life and property in mind, actively investigate DUI violations with the Intent of removing drunken drivers from the City's streets. Acceptance of LEAF grant money enables the department to enhance its DUI enforcement efforts by allowing the department to pay for and dedicate more officers and equipment to this apprehension effort LEAF grant money will allow the department to deploy Englewood officers on an overtime basis specifically to detect and apprehend DUI drivers . The passage of this ordinance should have no long-range impact on other City departments. The ordinance is a requirement of the grant process. FINANCIAL IMPACT No local agency match funding is~ by this contract; nevertheless, our agency has pledged to provide an in -kind match consisting of the anticipated grant-generated increase In court overtime costs and participation in at least MO specific DUI saturation patrols or DUI checkpoints. The total estimated additional cost to the city is about $3,000. LIST OF ATTACHMENTS Propos ed Ordinance • • ORDINANCE NO . __ SERIES OF 2002 BY AUTHORITY 1111.LN0.61 INTRO UCEDBYCOUNCIL MEMBER IIU.l'Oll • AN oaDINANCB APPROVING AN INTBROOVBRNMBNl'ALCONTRAcr 8B1WBEN THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO/ RELATING • llNIIORCBMBNT ASSISTANCB FUND (LEAP) PllOGRAM. WHEREAS, the City Council of the City of Englewood participated in the LEAF program since 1996; and WHEREAS, the Englewood Department of Safety Services has submitted an application to the Colorado Department of Highways, Office of Transportation Safety, for funding to conduct a program under the Law Enforcement Assistance Fund (LEAF) for use in the detection and apprehension of DUI driven within the City of Englewood; and WHEREAS, punuant to 43-4-404, C.R.S., the Stale ii authorized to allocab: LEAF funds by contract to local cities and counties to benefit the heallh and safety of penon11 in Colorado by the implementation of local programs developed by these local authorities for drunken driving prevention and law enforcement improvemen11 ; and WHEREAS, the total budget amount authorized by the contnct for the actual COIIS of the project wort ii $30,000 with the Sta1e'1 contribution equal to lOO'lll of the $30,000; and WHEREAS, the Englewood Department of Safety Scrvicca 1w available the tecbnical ability to properly perform the project u described in the application and to llddresa the LEAF objectives of the Stare Lcgi1lature, and the City'• in-kind coat ii estimaled to be $3,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF , ENGLEWOOD. COLORADO, AS FOLLOWS : ~-The lnrergovemmental Agreement between the Stale of Colorado, for the uae and benefit of the Colorado Department of Transportation, Office of Transponation Safety , and the City of Englewood, for the Englewood Department of Safety Scrvicca, (Police Department). a copy of which multed Exhibit A, ii alllehed hereto and incorporated herein by reference known ; • ~ ii llllcby approved by Englewood City Council . l,:' ~,O ~-The Mayor and City Clerk are hereby authorized to sign and anest said Conaact on ( ' behalf of the Cit y of Englewood and the Englewood Deputment of Safety Services . ti-111~ . ,1114,,r -1- I I .. 't ' • • Published u a Bill for an Ordinance on lhc 22nd day of November, 2002 . Beverly J. Bradlhaw, Mayor ATI'EST: Loucrilhia A. Elli,, City Clerk I, Louc:rilbia A. Ellia, City Clerk of lbe City of EnaJewood, Colorado. baeby cenify dial die above and foreaoinl ii a aue copy of a Bill for an Ordinaac:e, introduced, rad in full and puaed on fint readinaon the IS-day of November, 2002. Loucriabia A. Ellia -2- • • Project No. L-19-03 DEPARTMENT OR AGENCY NUMBER: HM CONTRACT ROUTING NUMBER: 03 HTS 00029 CONTRACT THIS CONTRACT, Made this day of , 200_, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222 (hereinafter referred to as "the State") and the City of Englewood for the Englewood Police Department 3615 S. Elatl Street Englewood, CO. 80110 (hereinafter referred to as "the Contractor"). WHEREAS, authority exists In the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thel'80f remains available for payment In Fund Number 403, Appropriation Code 304, ORGN 9813, FEIN 1848000&83-F and GBLI LE19; WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enfo~ment Assistance Fund (LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and WHEREAS, LEAF has been established to provide funds to aid In the prevention of drunken driving and the enfo~ment of laws pertaining to driving under the Influence of alcohol and dn,gs; and WHEREAS, pursuant to 43-4-404, C.R.S., the State Is authorized to allocate LEAF funds by contract to local authorities (cities and counties) to benefit the health and safety of persons In Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements; and WHEREAS, the Contractor has submitted a LEAF project funding Application, which has been approved by the State; and WHEREAS, the Contractor has established a qualified program, consistent with current State Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws pertaining to driving under the Influence of alcohol and drugs within its Jurisdiction; and WHEREAS, the Contractor has available the technical ability to properly perfonn the project as described in the Approved Application and to address the LEAF objectives of the Leglalature; and WHEREAS, this Contract is executed by the State under authority of 29-1-203, 43-1-106, 43-4-402 and 403, and 24-42-103 CRS, and by the Contractor under sections 29-1-203 and »11-101, 31-15-101 CRS or home rule charter, as applicable, and the attached resolution. ·• . .. • • . '. .. i • • ' 0 ·• -· - • • NOW THEREFORE, it is hereby agreed as follows: 1. The Contractor's Approved LEAF Application, the LEAF Contract Management Manual dated February 1, 2000 and LEAF Application Guidelines, the State Highway Safety Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference as terms and conditions of this contract. The Contractor acknowledges that It has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Safety Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict between the terms of this Contract and the terms of the incorporated materials, the following priority shall be used to resolve such conflict: A. State Highway Safety Rules; then B. LEAF Contract Management Manual and Guidelines; then C. This Contract; then D. Attachments A, B, C, in that order; then E. Approved Application. 2. The Contractor shall carry out the program and shall perfonn the activities which are speciflcally described in the Approved Application and are generally described in Attachment A (collecllvely, "the project"). 3. The Contractor shall submit quarterly reports to the State detailing the performance of this Contract according to the reporting criteria described in Attachment B. 4. Project Fundjnq Proyjsions. The total budget amount authorized by this Contract for the actual costs of the project work is $30,000, as described in Attachment C. The State shal participate in the payment as provided herein. State's maximum (from LEAF) TOTAL AMOUNT $30,000 S3C),OOO The State shall use LEAF funds exclusively to pay for the actual costs incurred by the Contractor for the project work up to the State's maximum. If the Contractor incurs project costs which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amendment, the Contractor shaft be solely ntSpOnSl>le for the payment of such excess costs . The State budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contract is contingent upon LEAF funds being available for this Contract. The State will pay the Contractor for actual costs incurred on a quarterly basis, subject to prior review and approval by the State of work performance and pursuant to payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an Itemized accounting of an billings and other records to support all costs charged to the Contract and shall present same to the State upon request. 5. The effective date of this contract shal be the date the Controller of the State of Colorado approves this contract, or such later date specified hentin. The Conlrllct ehall begin Jan..-y 1, 2003, and ahall terminate on December 31, 2003. .. ,• • .. ' 9· • 6. The Contractor agrees that any subcontracts entered into by the Contractor under this Contract must meet all applicable State and Federal requirements and must be approved by the Office of Transportation Safety prior to execution by the Contractor. 7. a) Tennination Due to Loss of Funding. The parties hereto exp1'8881y recognize that the Contractor Is to be paid, reimbursed, or othelWise compensated solely with certain f\l'lda provided to the State for the purpose of contracting for the services provided for hentln. Therefore, the Con- tractor exp1'8881y understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part then!IOf are not received by the State, the State may Immediately termi'late this Contract. b) Tennination for Cayaa. H, through any cauae, the Contractor ehall fall to fulfil In a timely and proper manner the obligations under this Contract, or shall violate any of the covenants, agreementa or stipulations of this Contract, the State 8hal thereupon have the ~ to tennlnate this Contract for cause by giving written notice to the Contractor such tennlnatlon and specifying the effeclive date thereof, at least thirty (30) days before the effective date of such termination. In that event, al flnilhed or Wlflnilhed documenlll, data, atudiee, IUl'V9YI, drawingl, mape, models, photographs, and reports of other material prepared by the Contractor wider 1h18 Conbact lhal, at the opllon °' the State, become Its property, and the Contractor lhall be entitled to receive just and equitable compensation for any satisfactory work completed on such doCl.menla and other materlals. Notwithstanding the above, the Contractor shall not be l'8llell9d ol llabllly to the State for wry damages sustained by the State party by virtue of a breach of the ContrK1 by the Contractor, and the State may withhold any payments to the Conlractor for the purpoee ol NIDff &mtll such time as the exact amount of damages due the State from the Contractor la del1m**I. c) Tennjnation for Conyanlence. The State may tennlnate lhla Contract at art'/ time that It detennines that the purpoee of the dlstrlbullon of monies under the Contract would no long9r be served by completion of the Project. The State lhal effect such telmnlion by giving wrtll9n notice of tennination to the Contractor and specifying the effective date thenlof, at leut twenty (20) days before the effective date of such tennlnatlon. 8. The Contractor shal adopt a resolution eubalantialy In the form pn111nled by the State, which approves this Contract and aulhortzes a lir,'mory to execute 1h18 Conbact. A OOf1'I ol lUCh rNOllllion shall be attached to and made a part of this Contract. • t ... • • 0 SPECIAL PROVISIONS ·.~ 0 <For Use Only with Inter-Governmental Contracts) 1. COIITROLl&ll'S APPROVAL. CR8 2,-30-202 (1) This conttact shall not be deemed valid until it has been approved by lhe Conttoller of lhe State of Colorado or such assistant as he may designate. 2. l'OIID AVAJ:LAJIILI'l"!'. CR8 2,-30-202 (5.5) Financial obligations of lhe State of Colorado payable after the cunent fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3 • DIDSlllnrJ:CA/l'J:OII. Indemnity: The contractor shall indemnify, save, and bold harmless lhe Stale against any and all claims, damages. liability and court awuds including costs, expenses, and anomey fees incurred u a result of any act or omission by the Contractor, or its employees, agents, subcontracton, or assignees punuant to lhe terms of this contract. No term or condition of this conttact shall be construed or interpreted as a waiver, express or implied, of any of lhe immunities, rights, benefits, protection, or other provisions for lhe parties. of lhe Colorado Governmental Immunity Act, Section 24-10-101 et seq. C.R.S. orlhe Federal Tort Claims Act, 28 U.S.C. 2671 et seq. u applic:able, a now or hereafter amended. ,. IIIDSPaDD'l' c:c:..rucroa. , CCJl 101-2 THE CONTRACTOR $HAIL PERFORM ITS DtmES HEREUNDER AS A1' INDEPENDENT COfffllACTOR AND NOT AS AN EMPLOYEE. NEl1lfER TifE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF TifE COfffllACTOR SHAIL BE OR SHAIL BE DEEMED 10 BE AN AGENT OR EMPLOYEEOFTifE STATE. CONTRACTOR SHAIL PAY WHEN DUE AU. Rl!QUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY 1111! STATE PURSUANT10 nus CONTRACT. CONTRACTOR ACKNOWLEOOES llfAT TifE camtACTOR AND ITS EMPLOYEES ARE NOT l!llnTIU!D 10 UNEMPLOYMEl'n' INSURANCE BENEFITS UNLESS TifE CONTRACTOR OR 11IIRD PARTY PROVII>m SUCH COVERAOE AND llfAT 1111! STATE DOES NOT PAY FOR OR O'llfERWISE PROVIDE SUCH COVERAOE. CON11tACTOR SHAU. HA VB NO AlmfORIZATION, EXPRESS OR IMPUED, 10BIND11IESTATE10ANY AORl!EMENl'S, UABIUIY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FOR111 HEREIN. CON11tACTOR SHAIL PROVIDE AND KEEP IN PORCI! WORKl!ltS' COMPENSA 110N (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY 1111! STATE) AND UNEMPLOYMl!Nr COMPENSATION INSURANCE IN TifE AMOUNTS REQUIRED BY LAW, AND SHAIL BE SOLELY ltl!SPONSIBU! POR 111B ACTS OF 111E CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. --DISCRDIDUI.TIOII. The conuactor agrees to comply with the letter and lhe spirit of all applicable state and federal laws rapectin1 discrimination and unfair employment practices. 6. CBOICZ or LAW. The laws of lhe State of Colorado and rules and regulations issued punuant thereto shall be applied in lhe interpretalion. execution, and enforcement of this contract. Any provision of this contract, whether or not inc:orporaled herein by reference , which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with uid laws, rules , and regulations shall be considered null and void. Nothing contained in any provision incorpo.llled herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or ocherwise. Any provision rmdered null and void by the operation of this provision will not invalidate lhe remainder of this conttact to lhe extent 11111 lhe connct is capable of execution . At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable fedenl and state laws, rules. and regulations that have been or may hereafter be established. 7. DPLOYD FIDIICIAL Ilft'Dllff. caa 2,-11-201 a <:aa H-50-507 The si gnatories aver that to !heir knowledge, no employee of lhe Stale of Colorado bu my penonal or beaefic:ial interest whatsoever in the service Cl!: property described herein. ... .. • ' .. ' • • • THE PARTIES HERETO HAVE EXECUTED DUS CONTRACT CONTRACfOR: STATE OF COLORADO: BILL OWENS, GOVUNOR Epgwood Police Dgrgpcgg By ___________ _ 846000583-F APPROVED AS TO FORM: (AD altataliN II~) T_E....._ Eaaidft DlndDr Colorado.,.,....._ ofTnlllpDrtadoa 1J!GAL REVIEW: By WAIVED+17:?JJ AlleSI (Seal) BY---------------- {Towa/CltJIC--,, Clan) CRS 24-30-202 requi,ea lhll lbc 5-COlllrOllmr appnM Ill._ COlllnCIS. 11lil c:mlnl:I ii IIOl Yllid alil lbc SIMD Coaaoller, or IUdl assislanl • he a., c1e1e,-, 1111 li,-I iL n. c:oalnclor ii 1111 lllllloriad IO bqia pe.bw alil die~ ii liped ad da-9 below . If pcrfommnce bepu prior 10 lbc dale bDlow, lbc SIiia ofColcndo a.y IIOl bD obtia*d lO pay Cordle aooda ud/or avicea provided. ST A TE CON11tOLLEJl: ARTHUR L BARNHART BY------------~ OEOROB MCCULLAR. COOT COfirmOLUIR DIii ____________ _ • • COLORADO DEPARTMENT OF TRANSPORTATION LBAI' COmRACT A'l"l'ACBNBN'l' A LEAF OBJECTIVE PLAN IL•11-03 1~ llolia• LEAF Objective: L-18-03: To lncreue and Improve the enforcement of the laws pertu,lng to alcohol and drug '9lated traffic offenaea wilhln the by performing dedicated DUI enforcement and IICllvillea daecribed In the Approved Apsllcallon and aunvnarlzed below . • 1 2 3 4 Provide officers through out the tenn of lhil contract to perform dedicated DUIIDRE enforcement duties and acttvltlea withi'I the City of Englewood u stated i'I the Approved Application. Conduct at least two sobriety checkpolnta or saturation patrols during 2003. This can be In cooperation with a nearby agency, the State Patrol or solely by the Englewood Police Department The Engln,ood Polee Depa,tment • be activ9ly Involved i'I COOT'a DUI enfon:ement pubic awareness campeign by participating i'I the joint effol1a. Thia Includes, but not llmited to, obtai,i,g media ~.--Md media outrNch, hoetlng media ride along& and similar acllvlllea. The Englewood Polee Department wll report back the requested data to COOT by the apecifted tlmea. Make al reasonable efforts to increase the DUI alcohol and drug related arrests within Englewood Police Department from the 2002 iev.l. COLORADO DEPARTMENT OF TRANSPORTATION LBAI' CONTRACT A'l"l'ACBIIBN'l' B .!I LEAF REPORTING CRff'ERIA I LEAF Project t L•1N3 • 11!11111awood Polee o.p.rtment 1 ). Each quarter the Contractor shall submit a 1'81)0rt to the Office of Tranaportatlon Safety In accordance with the LEAF Contract Management Manual. The Quarterly Reporta wll ltate al activity accomplishments as required by Contract Number L-19-03 during the reporting period. The Englewood Police Department will use the provided LEAF Grant Manager IOftwant package when compiling data and submitting the required reports. All reclpienta .,. requlr8d to uu the IOftware eo the Colorado Department of Transportation can better manage the statewide LEAF program. 2). No payment for cost Incurred during the 1'81)0rtlng period will be relmbul"Nd by the Office of Transportation Safety If such Quarterly Reports are not current or.,. not compiled using the LEAF Grant Manager software program. 3). Upon completion of an LEAF activity the Englewood Police Department wll submit a Final Report In accordance with the LEAF Contract Management Manual. .. COLORADO DEPARTMENT OF TRANSPORTATION LEAP COR'l'RAC'l' A'l'TACIIIIBN'l' C c:. REVENUES t TOTAL LEAF Funds .. 30,000 . 0 EXPENSES ~ " LEAFFunda Personal Services $30,000 Ooerating e s • • C8Dital -·'--~ s Travel---~ s .. .. TOTAL II0.000 ORDINANCE NO . __ f SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 59 INTRODU~ COUNCIL ME1dBER~~=--,.____,"--~~ AN ORDINANCE APPROVING AN INTEROOVERNMENTAL AORl!BMENT (IQA) FOR , MUTUAL AID BETWEEN FIRE DEPARTMENTS . WHEREAS, this intergovernmental 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; 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 pany can handle, or emergencies of such intensity may occur that they cannot be bandied 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 to 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 Ocpanmcnts , a copy of which is attached hereto and incorporated herein by reference . Section 2. The Mayor is hereby authorized to sign and the City Cleric to attest said agreement for and on behalf of the City of Englewood . Introd uced, read in full, and passed on lint reading on the 4• day of November, 2002. tObl .... .. .. i . ' • t • Published as a Bill for an Ordinance on the 8111 day of November, 2002. Read by title and passed on final reading on the 18111 day ofNovember, 2002. 2002 . Published by title as Ordinance No . _, Series of 2002 , OD the 2i-"' day of November, ,t ATTEST : Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk l, Loucrishia A. Ellis, City Clerk oftbe City ofEqlewood, Colorado, hereby certify thal the above and foregoing is a true copy of the Ordinance puaed OD final reading and publisbcd by title u Ordinance No.__, Series of 2002 . Loucrisbia A. Ellis INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID BETWEEN FIRE DEPARTMENTS THIS 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"); Buclc1ey 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 Fire 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 Englewood, a municipal corporation ("Englewood"); Evergreen Fire Protection District. a special district ("Evergreen"); Fairmount Fire Protection District. a special district ("Fairmount"); Cherryvale Fire Protection District, a special district ("Cherryvale"); City of Federal Heights Fire Department. a municipal corporation ("Federal Heights"); Foothills Fire Protection District, a special district ("Foothills"); Fr:mktown Fire Protection District. a special district ("Franktown"); Frederick -Firestone Fire Protection District, a special district ("Frederick"); G.:ncsce Fire Protection District. a special district ("Genesee"); Glendale Fire Department. a municipal corporation ("Glendale"); Golden Fire Department. a municipal corporation ("Golden"); Greater Brighton Fire 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 Department, a municipal corpor:llion ("Lafayette"); l.:ikeside Fire Department. a municipal corporation t''Lakcsidc"); Larkspur Fire Protection District. a special district ("Larkspur"); City of Littleton. a municipal corporJtion ("Littleton''): Longmont rire Department. a municipal corporation ("Longmont"): Louisville Fire Protecuon District. J special district ("Louisville"): Loveland Fire and Rescue Department. a special district t''loveland"); Mountain View Fire Protecuon Distnct. a special district ("Mountain View"): , orth Furk Fir,: Protccuon D1s1nct . .1 special discnct CNonh Fork"): , orth '.\letro I re R.::..:ue D1 tnct . .1 speci:11 discnct l"Sorth Metro"); t ... .. .. i • • 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 (''Trumbull"); 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 ("WhC:lt Ridge"); Woodmoor-Monument Fire Protection District, a special district ("Woodmoor"); WITNESS ETH THAT: WHEREAS, intergovernmental ~greements 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 oper:lte firefighting and other emergency services; and WHEREAS, each of the partie.s 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 thlll 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 part ies to aid and :.1Ssist it in the purpose of fighting fires or responding to other emergencies; and WHEREAS . other parties who provide similar services anc. n:.untain similar equipment may in the future ~sire tu be included in this agreement; and WHERE . .\S . establishment of a mutual aid :urr,:ement will serve . :,ub '·-: purpose and w1ll promo te the satety. sei;unty. and general \\oClf:ire · the inhabiUl'lts ot the parties. ., t .. • • 0 • NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the parties as follows: l. 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. 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 panics toward the establishment of a common mutual goal. 3. For and in consider.ition 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 tenitory served by one party which arc 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 tcnitotial 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. b . C. 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 s.uch 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 be made by the Fire Department requested to give mutual aid, in the exercise of its sole discretion, which decision shall be final and conclusive. It is understood and agreed that each party's performance 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 . 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 L:gislativc governing bodies and Fire Chiefs of the parties, and such response shall require no further approval by responsible officials of any party . unle ss thi s Agreement is later modified through an Amendatory Agreement 10 requ ire same. 3 I• t • . "! • • -- • 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 reimbunement 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 quanti.ty 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 fonnal 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 necessm-y in the future to accommodate the joiniog 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 occurring within its jurisdiction, for which it has requested mutual aid. it will re:isonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including but not limited to reimbursement for h~us materials incidents, occurring 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 :1 fair :ind equitable manner to assisting parties based on their relative documented c:xpenses for the involved incident. 10. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the partiei. hereto shall in any respect alter or modify the st:nus of offa:ers. :igents. or employees of the respective panics for purposc:s of workers· compensation or their benefits or entitlements. pension, levels or types of tr.1ir :ng. internal discipline. ccttific:uion. or rank procedures. methods. or i::11egom.=>. or fo ~ any purpose. or condition or requirement of .. t ..... .. .. • 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, tenn, or provision held to be invalid. 12 . Each and every tenn, 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 assign 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 ahy such claim or right of action by any other or third person on such AgreemenL 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 dccmcd to be rut incidcntm 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 omcrs. 16. This Agreement shall be executed in fifty-three (53) countcrpans, e:ich of which :;hall be: deemed to be an original of this agreement. 17 . Various panics to this Agreement may be parties to previously existing Mutual Aid Agreements which :ire more dct:iilcd and specific than this Agreement. In :;u1:h an event. any pre-existing Mutual Aid Agreements and the terms thereof. between any of these parties shall be considered the primary agreement between those p.irties and shall have priority o, :r this Aareemcnt. IN WITNESS WHEREOF. the panics hereto have executed ttas .1greement of thii ______ day of _______ _,200~. j • • CITY OF ENGLEWOOD BY: _ _.:.:.., _______________ ....,.... __ _, Mayor AND: ----------------------Director, Safety Services APPROVED AS TO FORM: ------------• City Attorney COUNCIL COMMUNICATION Date Agenda Item Subject: November 18, 2002 -~--~--. Vehicle Replacement INmATEDBY: STAFF SOURCE: Safety Services Division ChiefTom Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has previously reviewed requests for vehicle replacement when the cost of the vehicle exceeds $25,000.00. RECOMMENDED ACTION Th9 ......... Is ........... approval to purchaN a 2003 CiMCYukon for UN• a pclkle ltaff / . ~ ..... lhe Colorado State Bid proceu. , BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED On May 1 7, 2002, a marked police vehicle was totally destroyed in a motor vehicle accident By using available asset forfeiture funds in addition to the CERF funds designated for the vehicle's replacement. a 4 wheel drive utility vehicle can be purchased and will add to the overall efficiency and responsiveness of the Uniform Patrol Bureau . The Yukon would be placed into service as the Uniform Services Commander vehicle. The 1998 Ford Crown Victoria currently assigned to the commander would be marked and equipped as a standard patrol vehicle bringing the patrol fleet to full strength. FINANCIAL IMI ACT The CERF account would provide $21 ,775 toward the purchase price o $4,75 2 has alrea dy been approved by the Forfeiture Board. LIST OF ATTACHMENTS Servicenter Garage Summary Specification Sheet for New Vehicles Memorandum to Director Chris Olson from Chief Vandermee dated July 17, 2002 2003 Vehicle Specifications Bid Sheet e remaining STATE AWARD SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES IF YES, AWARD# 0 Jo ··us '( 'f '( ":( Ce M, NO MANUFACTURER OF VEHICLE -..a::(;, ..... ........;;..M_c..,.."'-------- MODEL OF VEHICLE __.Y ..... "'-..aa.K..__O_~ _________ _ AIR CONDITIONING @) NO AUTOMATIC TRANSMISSION @ NO POWER WINDOWS @ NO POWER DOOR LOCKS @ NO 4 WHEEL DRIVE @> NO Al TERNATIVE FUEL OPTION YES @ C E R F REPLACEMENT @ NO NEW ADDITION TO FLEET YES © DEPARTMENT VEHICLE ASSIGNED TO O;).. \ lQ~ COMMENTS : v,;'d ,c..[cf i:p(f\c..lEJ «:»fcl4'c-::t> P,.;n.( U..J1 T"-73,~ f"',.1o,,1<a futr\. (:c;-n.r-=<-#-11 2 ?..>-; ~ twD,4<. ~of'l . I MEMORANDUM TO: FROM: DATE: SUBJECT: Director Chris Olson Division Chief Vandermee July 17, 2002 Request for Forfeiture Funds On May 17, 2002, marked police vehicle 7364 was damaged beyond repair in an accident at Dartmouth and Santa Fe Dr. Following discussions with Pat White and U. S1eve Knoll a recommendation has been made to replace the patrol unit with U. Knoll's assigned 1998 Ford Crown Vidoria (Unit 7334). This move would maintain the unifomity within the patrol division as it pertains to vehicles. It would be most difficult ID obtain a vehicle at this time that would be sinilar to the rest rA the fleet. The equipment from unit 7364 would also transition into unit 7334. ' The follow up recommendation is to replace Lt Knoll's vehicle with a new 2002 GMC Yukon . This type of utility vehicle was recently purchased by the tire division and has proven to be a valuable addition to their fleet. This type of vehide adds four-wheel drive capabilities, rooch greaw storac,e for specialized equipment and a larger passenger area for those occasions when multiple officers are transported at the same time. The cost for the Yukon has been quoted as $26,808.oo via state bid . The cost for a Crown Vidoria is $21 , ns.oo . The cost diffarence as quoted by Pat \Nhile is $5,033.00 . I believe that the use of forfeiture funds to offset this expenditure would be a valuable use of those resources and ask that this request be considered at the next meeting of the Forfeiture Board . Thomas E . Vandermee, Division Chief Investigative Services Division t • • .......... 0 ·• • • n ' I ~~J r----. 1.~ c.r,Je f' -.;;~l~v .. c,' t ') --·-·-----··. . .. -/JI aOI Y8ICLe IPKIFICATICN 197 ENG -CYI.: I tbi!ll!J.'( 215 ENG -l:IIP: 5.31. ,J..$ . A'.:.#~ Qtf!6 HP) ___ l'UIL ___ TANt:_·_»_OAL _________ ~----,$\ 231 QNN MTING: 7llll0... ~ ;'Ei%) ~ 243 AXI.ERATI0"'91.)U3 ~ !\?~ 31111 Ml OONDfflONNI. 1113411 ~~ 111cL, Rs HMT<l Al£ 3112 MDI(): ..... YR f'OWIII IIWCIS & Powmt 310 BEATS: a.ant SEA'nl 313 IEATS: Fl'ICNT aNCH IEAT8 321 FLOONNG: RUBIEft 340 All MO· D1WB1 Im «ID IIIIIIIAOIIS: RIGHT AND LEFT CS FEAR WINDOW~ «14 IHTPMITTEHT 'MP!RS 410 TRN&ISSION: AUT'CllMT1C 415 FOUA-N1EE1. ORNE •1 STANDMD WliMNfrY • •----· J2MS I .. ' ., 8· ' • 10 TNS: CPT10N ft, UST SID!: i 211 NQN.S1U 1NG1E OP'T1CN A:. ' DI fNW CPT10llt SPeCl'Y 2AI MT la!CNWWll.71C21DO M AXLE M'TIO OPTION: 2114 ALT FUil. • OBI • FUil. 218 ALTl'Ul!l.·Olll~TB> m MIN STINiO ITR -CRUlle CON1'RDl/TILT -AUXILWtY AIR CCND111CNNG ----·--....... -- ....................... 11*9*!!:I ••IIIMN l!XCUMION PAP UIL LAI!& cut! !"¥1) ,. OIIC YWCON XL 4: 0 0 • ' • --- nap au..._~ 1: """"'"'""'' 3: '°"° ~-..... OIIIIIIT- Ola -VIIICLI ...:IPICA'IIGIII .,.... ............. ...,9rt:g aaNM !XCUMION ..... __. -lJbll. . Ml." 2:GMC 4: IDft)tl ~ ~0 -IP do L,t.,.r b~f "°T :r,.,.,--r 6r~1- .... #(ftl'P-' IIIJO.G ...... Y t .. • • PACKAGES, PAGE of 28 2003 State Vehicle Bid 1430 -l'ACKJUD: 'f0III1111i1 OPl'IOR Attach one copy oft is form to each body code apecif~cation sheet that has an Available Option 430 including the following body codes: ~.~.~.~. u,a,n,n,n,e,m,a,a,a,u,n An installed following: Frame moun that accep Heavy duty Transnaisai Trailer wi HD turn si Handling Please list addition package from the abo TONING OPTION PACKAGE should include the d receiver hitch with a class 3(:lass 4 for Tl) rating a 2" square receiver ngine cooling cooling (aut0111Stic only) ng harness al flasher package (describe: ternator. lude coaplete installation. o be coftred at a mini.Jnmn by the 3 year 36,000 mile anty and/or deletions to your company's OEM TONING orrIOII listed specs: Total Price for ' OEM ING PACKAGE: $ ________ _ For Body Code: .,_. Total Price for-:T=---t1~ •. T0WING PACKAGE: $ ..-10 /iiOIYaft!l4 lilAIIIIJAIJIUIY a, PIN!1~& PACKAGES, PAGE of 28 2003 State Vehicle Bid 440 -1'ACIUMa: Attach one copy oft is form to each body code specification sheet that has an Available Option 440 including the following body code: An installed Call arr High pressure f H/D springs Mud and snow ..: warranty , r:z, 1'3, n, n, a, lt3, a, n package should include the following: and rear gas shocks . Specify types: w hooks open side lugs. Specify tire size: covered at a 1Uninlum by the 3 yesr 36,000 mile factory Please list additio s and/or deletions to your co::11pany' s OEM OFF IU»J> PACICAGE trom the abo listed specs: Total Price for the For Body Code: Off IDD package: $ 1DIC 70 liOl ~ 16!t- ,4,I~ <JfP(!n/G PACKAGES, PAGE 7 of 28 2003 State Vehicle Bid Attach one copy of ·his form to each body code speci!ication sheet that has an Available Option 1441 including the following body codes: The STROBE LIGHT P Roof mount of Dual flash str Class 2 light, Minimum: 15 j Minim1n of 60 Switch in cab Height: betw .. housing Warranty: 1 -ye 1 C'•, D'•, •.•• r•. 8'• ••• a K'• E must include the following: robe on truck, van or sport utility vehicle with aaber shield spec: Jl31B 3 1/2 inches to 6 inches, •aaured to top of light lation with loaat:iolla as follows: r •aobe lip1: .. •ma.: roof of the pickup ight must be centered between the front of the roof and the ar of the roof. the I ight aust be also centereld fraa one side to the other side f the roof. Location r et:raba lip1: oa ,.... ud fflff •1:f: J t U..: on t roof of the van or sport uit:, the ght must be centered fraa one side to the other aide of the f the ght must also be two ffft fraa the rear of the roof. List the make of strobe that is bid: deletions of your bid !rca the STROBE LIGHT For aody Code: /11,/., .. • t .. • • WARRANTY 0 09/19/2002 0 0 ' • • • • • ape, .... VM, ,ouce_. 81NWHICLR-. IW'OaJ•111 c:..-r--.: I},. If, I ", 4 a2'.t,c J .-, <., '1.IJ am PROPOSAL Falk1za Polite Pllrol ~ '1.1 UNIT Dl!SCKIP110N ,£ I;,, I Mab ck¥ &el, r I ..... .l;,•-' ,~fj Year 7.2 AWAIIDWILL BE MADE 'IASED ON BID PRICE. INCLUDING THE USTED OfflONS. ._ p,1oe, • a • 11 per unit S /..17YP. c.-- Wheel coven -opt1an ·code s /f( ,A Cmiae Control -option code L'.1 ~ s J.rtJ,C,0 Pront Jimra plate bracket -option code s A.Iv Ila MEI! equlppedwlltl IN IINM apllolw s 1 s' 9'i i, 0 " 7.3 01'IIEll OP110NS: To be Nlected wlaa veldde ii ordend DNarlpaon:. Bid Price: •> Engim oil cooler -opticm code s Sf',4 C) Locking dif&nnlial -option code S ,S7A 0, Dalete AM/PM radio -option code ' s UA I) Radio IUppl'IMOI\ package -option code s .A/A ,, Dlcldid ...a-. igntlian poweftd:.. option code I.. ft s ,uc.- G) ~ duty front & rear floor aovedng-option code /. ~ :J s 7.s', co R) Rear illlide door handles & loc:b ~tive -opti~ ~ .llfl.l: $ Jo,- 1) Rear window inoperative &om rear aeat -opticn code Cl AJ.~ s /J'• oO n Jnoperative dome light -option code 7 Y t'o $ p<; JC) Inoperative CXIIDtely lightl -option code · . . . s S"f;tJ L) Left aide lpodight -option code /)( C. s ~oo,eo M) Right Ir left aide apotlightl-option code /X7 $ Y'(:t), c• N) Almnadng hndligbt • taillight flaher (wigwag) -$ opdoncode~ .J.2 f.00 n ., ' ... .. ., • • IMPO ll!DAN, VAN, 110UCa ad lUV..::&.a-. lMPOal-111 • l Plwew: llllfcr llandmd ~a{afcrequipuwt not ......... and aim. lallal b Mflllipwm tndadad. part ol lllO!ba-option. 7.5 DILIVlllY Delivay will be made wtlbln t O • h. 0 daya aflar l9Clllpt of arcler. 78 • COUNCIL COMMUNICATION Date Agenda Item Subject November 18, 2002 11 a i Case ORD 2002-01 Ordinance Revision Single Unit Dwelling Occupancy Limits -1" Reading INITIATED BY I STAFF SOURCE Community Development Anthony J. Fruchtl Planner I RECOMMENDED ACTION Staff recommends that the City Council set December 16, 2002 for the Public Hearing to consider the proposed amendments to Title 16 Zoning Regulations, Tide 9 Housing Regulations, and the 1997 Uniform Building Code Section 207-F pertaining to the definition of Family/Household. COUNCIL GOAL AND PREVIOUS COUNCIL ACTION During study session Monday, November 4"', 2002, City Council reviewed proposed amendments to the Englewood Municipal Code to Title 16 Zoning Regulations, Title 9 Housing Regulations, and 1997 Uniform Building Code Section 207-F. PREVIOUS PLANNING COMMISSION ACTION On Tuesday, October 8"', 2002, The Planning and Zoning Commission reviewed, took public testimony, and provided comment on the proposed Englewood Comprehensive Zoning Ordinance revisions to Chapter 8 Definitions. During the discussion that ensued, the Planning and Zoning Commission raised concerns regarding the clarity of the language in the proposed Ordinance revision specific to the multiple ways the language could be interpreted. The Planning and Zoning Commission voiced their apprehension due to the restrictive nature of the proposed definition of "family/Household" which will allow only three (3) unrelated people to live together as opposed to the current definition of "Household" which allows eight (8). Comments were derived on a potential living condition that may include individual #groups# of people that include two or more people unrelated by blood, marriage, adoption, or legal guardianship, including foster children living together in a single unit dwelling. To account for this potential living arrangement, the Planning and Zoning Commission amended staff's recomm 'ndation, and recommended that the City Council approve the proposed definition of Family/Hous t hold as follows : Family/Household: A household includes not more than two groups of ( 1 ) one or more persons related by blood, marriage, adoption, or legal guardianship, induding foster children, together in a dwelling unit; or (2) a group of not more than four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet the definition of dormitory. The Planning and Zoning Commission approved the definition as amended 7 -0. ' .. : . •· • • BACKGROUND The number of unrelated people allowed to live together in a household was established in 1999 to coincide with the number of unrelated people allowed to live together in a group living facility. The current definition of Household addresses three categories of living arrangements: (1) related people, (2) unrelated people, and (3) unrelated people and their children: Existing Definition : A household includes (1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit: or (2) a group of not more than eight persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet the definition of dormitory; or (3) two unrelated persons and their children living together in a dwelling unit Following citizen concerns regarding the number of unrelated people living in a dwelling unit, Council directed the City Attorney to research occupancy limitations within other jurisdictions. Those findings were discussed by City Council during a study session on September 3n1, 2002. (See Attachment) During discussion, it was noted that the average number of unrelated people allowed to live together in jurisdictions throughout the metro area and comparable populated cities within the state is 3.38. This average number excluded the City of Englewood, which currently allows eight (8) unrelated people to occupy a residence, the City of Westminster, which has no set limitation, and the City of Lakewood, which allows one ( 1) per habitable room. After review of the findings, Council defined two objectives. The first objective is to update the definition of "Household" to "family/Household", and create consistent language within Title 9 Housing Regulations, Title 16 Zoning Regulations, and the 1997 Uniform Building Code Section 207-F. The second objective is to revise the existing language that restricts the number of unrelated people living in a dwelling unit from eight (8) people to three (3) people. Council requested that the number of unrelated people allowed to live together in a dwelling unit be based on the average number of 3.38 to be consistent with the metro area ; and be established at a maximum of three (3). · During dis cussions of the proposed amendment, concerns were expressed about the potential impact that the pro.posed change would have on Group Living facilities. It should be noted that although the term Household is proposed to be amended to Family/Household, Group Living Facility uses are excluded from the proposed definition . Group Living Facilities are regulated by 16- 4-2 3-1 of the Comprehensive Zoning Ordinance, and must adhere to those provisions. During the November 4, 200 2, City Council study session discussion regarding the proposed revisions, members of City Council expressed concerns with the number of unrelated people allowed to live in a single-family unit. Council noted that the Planning and Zoning Commission amended staffs recommended number of unrelated people allowed to live together in a single- famil y unit. The change was from ( 1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or (2) a group of not more than thre e persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet the definition of dormitory, to the foll owing : 2 ' ..... . • "! I • • A household includes not more than two groups of (1) one or more persons related by blood, maniage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or (2) a group of not more than four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit. provided that such group does not meet the definition of dormitory. Members of City Council, after contact with citizens in their respective districts, noted additional concerns with parking and the number of vehicles on the street Additionally, City Council voiced concerns about the potential of Nfor rent rooms• in the R-1 Single-Family Residence Districts which are prohibited per the zoning regulations. During this discussion, City Council, by consensus stated they would prefer to limit the number of unrelated people allowed to live in a single-family unit to no more than two (2) people and their children. To help mitigate the growing community concerns regarding occupancy limits, Council set the 1" Reading on the proposed amendments for November 18, 2002. ANALYSIS: The first Council objective was to unify and provide consistency between the definition of Family/Household throughout Tide 9 Housing Regulations, Tide 16 Zoning Regulations, and the 1997 Uniform Building Code Section 207-F. Staff believes that this objective will be met regardless of the legal occupancy limits of unrelated people in a single unit dwelling. The second objective was to bring the City of Englewood consistent with other jurisdictions in the metro area and similarly sized cities in the state with regards to the number of unrelated people that may occupy a dwelling unit. Staff believes the original recommendation of allowing not more than three (3) unrelated people to live in a single unit dwelling accomplishes that goal. FINANCIAL IMPACT No financial impact has been identified. UST OF ATIACHMENTS Bill for Ordinance Occupancy Limitation Chart Planning and Zoning Commission Findings of Fact Planning and Zoning Commission Staff Report dated October 8, 2002 3 ~ • a, UNULAlD ..., IINfoacall fYN ,,,, .. ...-..r ICAUI POPla.Af .. PIOl'UI ALUIIIIIIID l'CIUCIE IZaal8 MIMCIM -·-, IACNffAII Anllda 5 y y 151o20 101,000 AurlO 4 y y 200 211,313 ..... IFIW y V 1110 ..... 3 V y 21o3 .... CalD.~ 5 V V 100+ Conmlnle 11.,ay 3 V V 100 20,IIIID .... Denver IUA ....... V y 20TIJ31 -.uuu EnglNoad I y V ti ...... IF\.~ I y y 24-31 111.000 IU.R._.. ...... UCIIIIIII 4 V V y 10 tUIO IUA_......_ ~ 2 V ' V 47 19,13D I ,,......__ y V 2001-31 144.uuu 2002·21 Llllllan ................... V V 10 43,IID 11111a ... au.11.- Thamkln 4 V y 10 81,410 Wellrmllllf Nollmla NIA 'Nlll,MU ........ .., ......... V V 13-11 12,111 Mlla .... lUA- CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE IORD 2002-01) FINDINGS OF FAc::r. CONCLUSIONS ) AND RECOIOIENDATIONS RELATING TO) AMENDMENT OF THE ENGLEWOOD ) MUNICIPAL CODE, 118-8-1 DEFINITIONS) TO AMENDING THE DEFINITION OF ) .. FAMILY/HOUSEHOLD" ) INITIATED BY: City of EDC1ewood 1000 Eq1ewoocl Parkway EDClewood,CO 80110 ) ) ) ) ) ) FINDINGS OF FAC:r AND CONCLUSIONS OF THE CITY PLAIUONG AND ZONING COMMISSION Commission Members Present: Diekmeier, Krieger, Lathram, Muller, Roth, Schum, Welker, Willis, Waggoner Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on October 8, 2002, in the City Council Chambers of the Englewood City Hall. Testimony was received from staff. The Commission received notice of Public Hear- ing, and the Staff Report, which were incorporated into and made a part of the re- cord of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the public hearing on the proposed amendment of the Englewood Mu- nicipal Code, Title 16-8-1, was brought before the Commission as a directive of the City Attorney's Office . 2. THAT notice of the Public Hearing was published in the Englewood HIBhl on September 20, 2002 . 3. THAT the request is to amend the definition of-ilouaehold• to include ?am- ily/Household•, and to reduce the number of unrelated persona allowed to live .... .. , • • together as a "family' or "household• from eight individuala to no more than three. 1. THAT the propoaed amendment to Title 16-8-1 of the Englewood Municipal Code was initiated by the City of Englewood. 2. THAT proper notice of the Public Hearing was given by publication in the Eulewood .Htmld on September 20, 2002. PIRIIQft TIIERBFOD, it is the decision of the City Planning and 1.oning Commission that Title 16-8-1 of the Englewood Municipal Code should be amended by modification of the defurition of "Household• and reduction of the number of unrelated pel'IOD8 al- lowed to Jive together as a -Jiouaehold•. The decision was reached upon a vote on a motion made at the meeting of the City Planning and 1.oning Commission on October 8, 2002, by Mr. Welker, aeconded by Ms. Lathram. which motion states: Welker moved: Lathram seconded: The Planning Commission recommend to City Council that the amend- ment of §16-8-1 be approved with the followin1 wocdiq: The vote was called: I 16-8-1: Family/Household: A household includes (1) not more than two groups of one or more per- sons related by blood. marriap, ldopaon, or lepl pardiamhip, includina foster children, together in a dwelling unit; or (2) a group of not more than eisht FOUR persons not related by blood. lllllriaae, adoption. or lepl guardianship living together in a dwellin1 unit, provided that such p,up does not meet the definition of dormitory. 1• Ea~ twe .... 1•• ,-w and their ehil._ lirJi111 leplher i11 • ft!1lli111 lalil, AYES : NAYS: Welker, Willis, Dickmeier, ICriepr, Lldnm, Muller, Roth, Schum. Waaoner None ABSTAIN: None ABSENT: None The motion carried. 2 These Findings and Conclusions are effective u of the meeting on October 8, 2002. BY ORDBR OF TD CITY PLAlUIDIG a ZO!IDIG C011111881011 R. C. Willia, Vu:e Chairman 3 C {j T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: Englewood Planning and Zoning Commission Robert Simpson, Director, Community Development Anthony J. Fruchtl, Planner I DATE: October 8, 2002 SUBJECT: Definition of Family/Household REQUEST: Staff requests that the Planning and Zoning Commission review, take public testimony, and provide comment on the proposed Englewood Comprehensive Zoning Ordinance revisions to Chapter 8 Definitions, amending the definition of "Household" to "Family/Household", and limiting the number of allowed unrelated people to occupy a dwelling unit from eight (8) people to three (3) people. RECOMMENDATION: SNff reeonn11e11ds that Planning and Zoning Commission recommend to City Council to approve the proposed revisions to the Comprehensive Zoning Ordinance pertaining to the definition of Famjly/Household as follows: A Family/Household includes: ( 1 ) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or (2) a group of not more than eight lb!= persons not related by blood, marriage, adoption, or legal guardianship living together in a_ dwelling unit, provided that such group does not meet the definition of dormitory.; er (3) w,,e t1RrelateEl JterseRs aREl their ehilElreR li·1iRg tegether iR a ElwelliRg t1Rit BACKGROUND: The number of unrelated people allowed to live together in a household was established in 1999 to coincide with the number of unrelated people allowed to live together in a group home faci ·ty. The current definition of Household addresses three categories of living arran ge ments : ( 1) related people (2) unrelated people, and (3 ) unrelated people and their children: Existing Definition: A household includes ( 1) or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a 1000 Englewood Parhv.y Enslewood, Cabido 80110 PHONE JOJ.762·2342 FAX 303·783-6895 _..,,....,, ....... t .. • • -- n ~. dwelling unit: or (2) a group of not more than eight persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet the definition of dormitory; or (3) two unrelated persons and their children living together in a dwelling unit. Following citizen concerns regarding the number of unrelated people living in a dwelling unit, Council directed the City Attorney to research occupancy limitations within other jurisdictions. Those findings were discussed by City Council during a study session on September 3"', 2002. (See Attachment) During discussion, it was noted that the average nu mber of unrelated people allowed to live together in jurisdictions throughout the metro area and comparable populated cities within the state is 3.38. This average number excluded the City of Englewood, which currently allows eight (8) unrelated people to occupy a residence, the City of Westminster, wh >:h has no set limitation, and the City of Lakewood, which allows one (1) per hab i 'I ble room. After review of the findings, r ouncil defined two objectives . The first objective is to update the definition of "Household" to "Family/Household", and create consistent language within Title 9 Housing Regulations, Title 16 Zoning Regulations, and the 1997 Uniform Building Code Section 207-F. The second objective is to revise the existing language that restricts the number of unrelated people living in a dwelling unit from eight (8) people to three (3) people. Council requested that the number of unrelated people allowed to live together in a dwelling unit be based on the average number of 3.38 to be consistent with the metro area; and be established at a maximum of three (3). During discussions of the proposed amendment, concerns were expressed about the potential impact that the proposed change would have on Group Living facilities. It should be noted that although the term Household is proposed to be amended to Family/Household, Group Living uses are excluded from the proposed definition . Group Living Facilities are regulated by 16-4-23-1 of the Comprehensive Zoning Ordinance, and must adhere to those provisions . ORDINANCE PROPOSAL: As proposed, the amendment replaces the term "Household " with "Family /Household" reducing the number of unrelated people living together from eight (8) to three (3) and eliminating the 3"' category of two unrelated people and their children. The effect of the amendment is no more than three unrelated people, whether adult or child may live together in a dwelling unit. SUMMARY: The proposed Ordinance amendment provides a consistent definition of Family/Household throughout Title 9 Housing Regulations, Tide 16 Zoning Regulations, and the 199 7 Uniform Building Code Section 207-F. Further, it brings 2 .. -~ ' • ' • the City of Englewood consistent with other jurisdictions in the metro area and similarly sized cities in the state with regards to the allowed number of unrelated people that may occupy a dwelling unit AUACHMENTS; Jurisdiction Occupancy limitation Chart Proposed Amendments to Household Definition 3 C (J i, T y 0 F ENGLEWOOD COMMUNITY DEVELOPMENT TO: THRU: FROM: DATE: SUBJECT: Englewood City Council Robert Simpson, CommunicS>typment Director Anthony J. Fruchtl, Planner I November 18, 2002 Suggested Motions for Occupancy Limits Please find listed below alternative language based upon the number of occupants that are allowed to live together in a single-family unit. Two unrelated people and their childrenj ~Household: A he1:1seheld iAel1:1des ( 1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children.Jb:ill& together in a dwelling unit; or (2) a g,e1:1p ef Ael fflere lhaA eisht perseAs Aet related hy hleed, fflarriage , adeptie~, e, legal g1:1a,diaAship liviAg tegelher iA a dv. elli11g 1:111il; previded two unrelated persons and their · ing together in a dwelling unit. Three unrelated people; fil.wih1Household: A he~seheld i11el1:1des (1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children.Jb:ill& together in a dwelling unit; or (2) a group of not more than eisht lb&;s= persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, ~:::~ _::;::::,::~~.::,tE=!-t:ZWf!~';:~Z;i,;;!!:: IA a ewelhAg tlAlt. Three unrelated people and their children; fil.wih1 Household : A he1:1sehelEI iAel1:1Eles ( 1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children..JildDI together in a dwellin;unit; or (2Hwe.Jb.u:L. unrelated persons and their children,ecpv ffi!) @e o()it htseg years,iiving together in a dwelling unit. 1000 Englewoo Parkway Englewood, Colo rado 80110 PHONE 303-762-2342 FAX lOJ.713~95 www.er •l«woodaov ors I . .. i t • • -=· ·• • • 0 ORDINANCE NO. SERIES OF 2002 BY AUTHORITY ABll.LFOR t ,--. ~--J a>UNCU. Bll.L NO. 6 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE AMENDING TITLE 8, CHAPTER 24, SECTION 2, SPECIPIC MODIFICATIONS; TITLE 9, CHAPTER l, SECTION 4, DEFINITIONS, AND TITLE 16, ICHAPTER 8, SECTION I, DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , REGARDING THE DEFINITION OF "HOUSEHOLD". WHEREAS, issues were brought to the attention of Council concerning the number of unrelated people allowed to live in a dwelling unit in residential zone districts; and WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on October 8, 2002 on occupancy limitations where a group home is not at issue and after review made their recommendation for passage of the proposed ordinance ; and WHEREAS, to be consistent, the provisions of the Uniform Building Code, as adopted, Section 207-F , will also need to be amended . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon I. Englewood City Council hereby amends Title 8, Chapter 2A, Section 2, Specific Modifications to Adopted Code (Uniform Building Code, 1977 Edition) by adding a new paragraph E and relettering the remaining paragraphs to F through J, with the new Paragraph E reading as follows : Section 207-F , Amend the definition of Family to read : Famil y/Household · F11111ily is &11 iRliivid1111I er w.•e er 111ere 11er98RS relaled Illy llleed er MM'iage er a gre1111 ef Rel 111ere YIM five 11erseRs {e11el11di11g se"''&11ll) .r:he 111111 Rel lie releled Illy llleed er -iage li\1iRg tegelller iM a 11 .. elliRg llllil. A houshold iuclydcs C 1 > got more thap two groum of one or more PR1PPI rctawa bx blQ9d marrjagc adoption or lual 1yardiag1bin iosludios f9!W shiJdrso JAfflhR in a dwcllios upiJ · or (2l a group of not morg thap four PSP9PI P9S me&M by bl994 marrjase adontioo or lcsal RV1ali1P1hin lixios J91cJhq ip I dwsllios ypiL grpyjdgl that suc h gro yp don not mcct the 4cfioiti20 of donpiSPD' .. I I .. -· ' • • • Section 2. Title 9, Chapter 1, Section 4, Englewood Municipal Code 2000, is hereby amended under Definitions to read as follows and shall be inserted in alphabetical order: 9-1-4 : Defmitions: FarnilyaJouschold : A. A11y R11ml,er ef pel'08M Nllllea 1,y l,leed, ffl8niage er adepliea maialeiaiag a ee1RD1ea he119eheld 89 a siRgle a-wel!ing 11&it; er 8. PeP9eM efthe !l8Rle se1t whe 11eed RBI l,e related 1,y l,leea-; -.ge er adeplie11, li¥iRg tegether 89 a single he111el1eeping IIBit in a si11gle a .. elliag. A household includes C 1 > not moPi thap two grpypa of ops or mors PFJl9PS mlm bx blood, maqiasc adpptigp or legal sµardinhin ioslwlins fosgq chil4RP, t2fflhcc in a dwellins unir or C2l a group of got mon; tbap Com PCJJPPI PP1 mlesr4 bv bl994 maqiase adootion or lssal guardilM!Jin liyipg tossPJsr in a dwellios YPiL prpyjdgl ghat such VPYP dPR not PJCFt the 4sfioiti9P of dPDPitory Section 3. The Englewood City Council hereby amends Title 16, Chapter 8, Section I, Englewood Municipal Code 2000, with the amendment of the following definition in alphabetical order to the definitions as follows : 16-8-1 : DEFINITIONS : FAMILV/HOUSEHOLD : A Household includes (I) DAI mpg; tbap twp B1PHP1 of one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, together in a dwelling unit; or (2) • lf'BIIP afoot more than two poups of not more than eight £mu; persons not related by blood, marriage, adoplion, or lepl guardianship living together in a dwelling unit, provided that such group does not meet tbe definition of dormitory er (3) twe 11BFelat1d peP98M IIINI their 1hiW.. Ii, ill111111h1r ill• &11 ,lliag Wlil. Section 4 . Safety C)auses . The City Council hereby finds, determines, and declares that this Ordinance is promulgated under tbe general police power of tbe City of EnaJewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is ncccssary for the preservation of health and safety and for tbe protection of public convenience and welf'an:. The City Council further determines that the Ordinance bean a rational relation to tbe proper legislative object sought to be obtained . Section S. Severabjljty. If an y clause, sentence, paragraph, or part of Ibis Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid. such judgment shall not affect, impair or illvalidalc tbe remainder of this Ordinance or it application to ocher persons or circumscances . Section 6. lnconsjstent Ordinances . All Olbcr Ordinances or poniom tbeRof incouistcnt or conflicting with this Ordinance or any portion hereof are hereby repealed to tbe extent of such incon sistency or conflict. -----:.ii. ... .. .. , ' • • Section 7, Effect of repeal or modjfication . The rcpcal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, cxtiquisb, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incwrcd under such provision. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 8, fmll.tx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full, and passed on first reading the 1S111 day ofNovembcr, 2002 . Published as a Bill for an Ordinance on the 22"" day of November, 2002 . Beverly J. Bradshaw, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk for the City ofEqlewood, Colcndo, hereby certify the above and foregoing is a Bill for an Ordinance, inllOduced, read in full, and passed on finl reading on the ts• day ofNovembcr, 2002. Loucrishia A . Ellis COUNCIL COMMUNICATION Date Agenda Item Subject November 18, 2002 11 a ii INITIATED BY City Manager's Office Ordinance approving a purchase option agreement for the Skerritt House with Colorado Preservation, Inc. STAFF SOURCE Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PRMOUS COUNCIL ACTION In 1999 City Council authorized the purchase of the Thomas Skerritt House and the surround four lots in order to preserve this historical site. The City also funded an environmental assessment of the building and a civil survey of the property. The City has also received a Colorado Historcal Fund a grant for to conduct a historical assessment of the property, which has been completed, and a second grant and to stabilize the structure, which has been delayed. The purpose of this action is to allow Colorado Preservation, Inc. (CPI) the opportunity to assist the City in finding a third party to acquire the property, by April 1, 2003, and complete the rehabilitation of the Skerritt House and put it into productive use based upon the schedule provided. RECOMMENDED ACTION Staff recommends Council approval of the ordinance approving this agreement BACKGROUND The City purchased the Skerritt House in order to preserve the building as a historical site. The Qty was successful in securing grants from the Colorado State Historical Fund for a historical assessment review and for stabilization of the structure. However a number of factors, indudlng serious environmental problems and dama v s to the structure and its mechanical systems, have resuhed in the costs for rehablUtallon of the structure having increased to the point that it is not realistic for the City to fund those costs in a period of declining capital fund revenes. After considering options for the property, indudlng demolition of the structure, CPI submitted an option to purchase the Skerrftt House that would allow CPI to martcet the property to a third parties that would purchas~ and rehabilitate the structure for a use permitted under the current R-3 zoning. CPI would assist the purchaser to secure fundin& including the possible transfer City's grant from the State Historic fwld for stabilization of the structure. CPI would also impose an easement on the property that would require the rehabilitation to meet applicable standards for rehabilitation of historic structures. If CPI is unable to faciHtate a sale to a third party within the option period, the City would retain ownership FINANCIAL IMPACT The agreement requires a payment of $500 of CPI for the option to purchase, which wiU be applied to the purchase price if a sale is finalized . The agreed upon sale price for the property Is $60,000. If a sale Is not facilitated by CPI the option payment will be refunded to CPI and the City will retain ownership of the Skerritt House. The cost to the City for maintenance during the option period wtU be limited to electrical ulilites and routine maintenance only. LIST OF ATTACHMENTS Council Bill for an Ordinace Option to Purchase Agreement • t • • ORDINANCE NO. _ SERIES OF 2002 AN BY AUTHORITY JIIU.JilO., , ODUCED BY COUNCIL MEMBER~~~~~- WHEREAS, in 1999, City Council authorized the purchase of the Thomas Skerritt House and the sunounding four lots in order to preserve this historical site; and WHEREAS, the City was successful in securing grants from the Colorado State Historical Fund for an historical assessment review and for stabilization of the structure; and WHEREAS, a number of factors, including serious environmental problems and damages to the structure and its mechanical systems, have resulted in the cost for rehabilitation of the structure having increased to the point that it is not realistic for the City to fund those costs; and WHEREAS, after considering options for the property, including demolition of the structure, Colorado Preservation, Inc. -CPI submitted an option to purchase the Skerritt House that would allow Colorado Preservation, Inc. to market the property to third parties who would purchase and rehabilitate the structure for a use permitted under the current k-3 zoning; and WHEREAS, this option provides for historical protection easements for this property and a schedule for its rehabilitation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon I. The City Council of the City of Enalewood, Colorado, hereby approves the Option to Purchase with Colorado Preservation, Inc . -CPI. Section 2. The Mayor is authorized to sign and the City Clerk to attest said Option to Purchase for and on behalf of the City of Englewood, Colorado. Introduced, read in full and passed on first reading OD the 18~ clay of November, 2002. Published as a Bill for an Ordinance OD the 22•• clay of November, 2002. ATTEST : Beverly J . Bradabaw, Mayor -1- 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, introcluccd, read in full, and passed on first reading on the 1s•b day of November, 2002. Loucrishia A. Ellis -2- • • Read by title and passed on final reading on the __ day of ____ _, 2002. Published by title as Ordinance No. _, Series of 2002, on the __ day of -· --· 2002. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __, Series of 2002. Loucrisbia A. Ellis -3- • • 0 . OPTION TO PURCHASE REAL PROPERTY FOR HISTORIC PRESERVATION OPTION given this __ day of January, 2003, by City orEn&lewood, hereinafter referred to as the Owner," to the COLORADO PRESERVATION, INC. -CPI, a nonprofit corporation organized under the laws of the State of Colorado and having its principal offices in Denver, Colorado, hereinafter referred to as the ''Optionec". WITNESS ETH: 1. GRANT OF OPTION. In consideration of a sum of Five Hundred Dollars (SS00.00) and other good and valuable consideration, the Owner, for itself and its assigns, bas given and does hereby give the Optionee the exclusive option to purchase, upon the terms and conditions hereinafter set forth, the real property, including the existing residential building (the "Buildingj and garage and any other improvements thereon, described as follows (the "Premisesj: Lots 14 thru 17, inclusive, Block 6, Skerritt's Addition to Englewood, Third Filing, County of Arapahoe, State of Colorado Also known as and numbered Skerritt House 3S60 S . Bannock Street, Englewood, Colorado 80110 2. EXPIRATION DATE. This Option shall expire the first day of April, 2003. 3. ACCEPT ABLE TITLE. Owner warrants that the title to the Premises is, IJld on the closing of the trans1etion contemplated by this Option, in the event Optionee elects to purchase the Premises, will be free and clear of all liens and encumbnnces, except real property taxes and assessments for the cunent year, and covenants and restrictions of record . If the evidence of title resulting from a title search di:scloses any defects in light of and punuant to the herein stated warranty, the Owner shall have twenty days after receipt of notification of such defects to cure said defects and to provide to Optionee written certification of such cure . If the Owner fails to cure any such title defects within such IWenty-day period, the Optionee shall have the right to terminate this Option by written notice to the Owner. 4. METHOD OF EXERCISE. This Option may be exercised by the Optioaee by delivering to City Manager's Office, City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 8100 I, not later than the date set forth in Paragraph 2, a written notice stating that the Optionec exercises the Option and fixing a date for the conveyance of the Premises to the Optionee, which date , hereinafter called the closing date, shall be not less than five nor more than sixty days after the delivery of such notice . 5. PURCHASE PRICE. lftbe Option shall be duly cxm:iled u provided in Parqnpb 4, Owner agrees to sell to Optionee and Optioaee apees to purdiue tbe premises hm lbc Owner for a price of Sixty Thousand Dollars ($60,000) u follows : Cab II clolina or lban-term financing to be 11TU1gcd. Optionec's obliption to purdiue tbe Premilel mll be IUbject ID its receipt of a commitment from a title insunnce company acceptable to tbe OplimN, ia • amount of the purchase price 11ffCU11 to inlurc title ID tbe Pr.... in • Oplic-. Ulja:I oaly to the normal pnntcd exceptions of such policy and tbe CXccpclOIII refaeaced in ,. ...... 3 abo ve. t • i • • -- • 0 6. DELIVERY OF DEED AND POSSESSION. The Owner shall execute, acknowledge and deliver to the Optionee, on the designated closing date, a good and sufficient general warr ~ty deed conveying the Premises to the Optionee. 7. ADJUSTMENTS. The following shall be prorated as of the date the purchase price is paid : real property taxes and assessments for the current tax year . 8. ENTRY ON PREMISES. The Optionee, its agents or assigns, shall have the right, so long as this Opton remains in effect, (a) to market and advertise the Premises for sale at a purchase price of not less than Sixty Thousand Dollars ($60,000), and (b) to enter in and upon the Premises, after giving reasonable notice to the owner of the date, time and purpose of such entry, to enter in and upon the premises described in Paragraph I for the purpose of malcing surveys and other appropriate purposes needed for the evaluation and showing the Premises, subject to requirements of two environmental reports entitled "Asbestos and Hazardous Material Survey for: Skerrin House 3560 South Bannock Street Englewood, Colorado " prepared for the City of Englewood by Major Environmental Services, JOO Gerfield Street, Suite 200, Denver Colorado, dated January 2000 and "May 2002 Limited Biological Growth Survey of: Skerritt House, 3560 South Bannock Street, Englewood, Colorado Prepared by : Major Environmental Services, Inc . P.O. Box 16662, Golden, CO 80402", which reports arc in the possession of CPI and are on file with the Englewood City Clerk's Office . a attached hereto s Exhibits A and 8 . The Optionee shall assume responsibility for any risk of injury to its agents, assigns or invitees entering into the Building for any reason, including environmental hazards . During the term of this Option, Optionee hereby indemnifies and agrees to hold Owner harmless from any claims, obligations or liabilities resulting from Optionee's entry on the Premises . 9. INSURANCE. Optionee shall , during the Option, keep in full force and effect a policy of commercial general public liability insurance with personal injury and property damqe liability limits in amount not less than $1,000,000. The policy shall name Owner as an additional insured and shall contain a, clause that the insurer will not cancel or change the inslll'IIICC without fint giving Owner ten (10) days prior written notice . The insurance shall be issued by an insurance company qualified to do business in Colorado, and a copy of the policy or evidence of insurance, in form approved by Owner, shall be delivered to Owner within thiny (30) days of the execution of this Option . 10. ACCEPTANCE OF ENVIRONMENT AL RISKS. The Optionee acknowledges disclosure of environmental hazards on the premises as described in Exhibits A and 8, the two reports described in paragraph 8 above, including asbestos, lead paint, and mildew or mold 1111 hsted in Exhibits A and B. Optionee agrees that it shall assume all risks to Optionee or its invitees and agrees to indemnify the Owner for any damages suffered by Owner as a result of persons being permitted upon the premises by the Optionee. 11. FAILURE TO EXERCISE . If this Option is not exercised, the Owner shall retain all of the co nside ration given for it. 12. RISK OF LOSS. Risk of loss or damag e by fire, vandalism or other casualty prior to payment of the purchase price shall remain with the Owner, except for any damqes caused by the Optionee, its agents or its Invitees or assipees pursuant to this aareement. and in the event of any such loss or damage to the Buildina prior to payment of the purcbue price, the Optionee may, by written notice to the Owner, terminate the Opciooee's obligation to purcbale the Premises . ( O,,iontt will prpyMk: proof ef ...... , le 111c CilJ iu cbt idWWWI 61 I wa.1y•five thl!lll?Dd doll1Pf (Si!S.660) lbt ,i* ufluw • ••••• 1e Ills ,n•i••~ -2- ' .. ·' : ·, i • • • • 13. ENTIRE AGREEMENT. This Option constitutes the entire agreement between the parties. No representations, warranties, or promises pertaining to this Option or any property affected by this Option have been made by, or shall be binding on any of the parties, except as expressly stated in this Option. This Option may not be changed orally, but only by an agreement in writing signed by the parties against whom enforcement of any such change is sought. 14. W ARRANTEES OF OWNER. Owner hereby warrants and represents to Optionee as of the date hereof and will warrant and represent as of the date of the exercise of this Option by Optionee and as of the closing date that: ( a ) There are no legal actions, suits or administrative proceedings, including, but not limited to, condemnation cases, pending or threatened, against the Premises or against Owner with respect to the Premises, and Owner is not aware of any facts which may result in any such action, suit or other proceedings. ( b ) Marketable fee simple title to the Property is fully vested in Owner. Owner is duly authorized and empowered to execute this Option and neither execution hereof, nor the sale of the Premises pursuant to this Option, will result in any breach of, or constitute a default under, any contract or other agreement to which Owner is a party. ( c) Owner has disclosed to Optionee all information known by, or in the possession of the Owner regarding the condition of the Property, including, but not limited to, the presence of and location of asbestos, PCBs, toxic, hazardous or contaminated substances and underground storage tanks in, on or about the Property. 15. DEADLINE FOR REHABILITATION. If this Option is exercised, and the Premises is purchased by the Optionee, the Optionee, its agents or assigns shall comply with the following schedule for rehabilitation of the Building: (I) By September 30, 2003, complete structural repairs to the Building and paint the exterior, to the extent required by the State Historical Fund Grant attached hereto as Exhibit C . (2) By December 31, 2005, complete all interior and exterior worlt needed to make the Building suitable for residential occupancy.' Before rehabilitation work is begun, the Optionee shall photograph all exterior sides of the Building, and all interior walls and trim in order to document the appearance, configuration, and condition for said Building prior to rehabilitation . The covenants in this Paragraph 16 shall be binding upon the successors and assigns ofOptionee, including any purchaser of the Premises from Optionee, and Optionee shall, if so requested by Owner, record a Notice of Covenants against the Premises giving notice of the requirements of this Paragraph IS, provided the form of such requested Notice of Covenants is given by Owner to Optionee at least thirty days before the expiration date of this Option. Nothing in this Paragraph 15 shall prohibit or prevent Optionee from requiring additional covenants or agreements, not inconsistent with this Paragraph 16, in favor of Optionee from any purchaser of the Premises from Optionee. 16. EASEMENT AGREEMENT. If this Option is exercised by the Optionee, the Optionee agrees that , not later than ten days after the closing of its purchase of the Premises, it will enter into an Historical Preservation Easement Agreement, subswitially in the fonn of Exhibit C attached hereto , with the Colorado Historical Foundation; provided however, that Optionee's .3. ,. ' ... ·' ·, i • • obligation to execute such an Historical Preservation Easement Agreement shall be satisfied if, within ten days after such closing, a third party purchaser shall have purchased the Premises from the Optionee and shall have executed such an Historical Preservation Easement Agreement with the Colorado Historical Foundation . 17. RECORDING/MEMORANDUM OF OPTION. At Optionee's discretion, either this Option or a memorandum thereof ("Memorandum of Option") shall be recorded in the real property records of the Clerk and Recorder of the County of Arapahoe, State of Colorado. 18. NOTICES. Any notice or demand under this option shall be sent by registered or certified mail as follows: City Manager, City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110, on behalf of the Owner; or Colorado Preservation, Inc., 1900 Wazee Street, Suite 360, Denver, CO 80202, c/o Mark Rodman, on behalf of the Optionee. Any notice or demand so sent shall be deemed effective on the date of actual delivery, or tint attempted delivery, 11 shown on a return receipt issued by the Post Office. Any such notice or demand may also be penoaally delivered to the offices indicated above, which shall be effective upon such delivery, or may be telecopied to the Owner at 303-783-6892 or to Optionee at 303-893-4333, which shall be effective upon the receipt of such telccopy provided a confinnatory copy of such telccopy is also mailed to the recipient on the same day. 19. BENEFIT. This Option shall inure to the benefit of, and shall bind, the heirs, successors and assigns of the respective parties. CITY OF ENGLEWOOD, COLORADO Beverly J. Bradshaw, Mayor AITEST: Loucrishia A. Ellis, City Clerk COLORADO PRESERVATION, INC . President IN WITNESS WHEREOF, the Owner bas executed and delivered this agreement the day and year first above written. My commission expires : NOTARY PUBLIC COUNCIL COMMUNICATION Date Agenda Item Subject Case PUD 2002-01 University Homes Planned Unit November 18, 2002 11 bi Develooment -2nd Readin11: INmATEOBY STAFF SOURCE David M. DiPane Tricia Langon, Senior Planner 1906 13"' Street, Suite 203 Boulder Colorado 80302 ~ PREVIOUS COUNCIL ACTION Council considered the proposed University Homes Planned Unit Development on at public hearing on November 4, 2002. During the hearing issues regarding the height of proposed structures were discussed. This addendum serves to further address those issues. HEIGHT DISCUSSION As stated in the staff report and during the public hearing the maximum building height in Englewood is 25 feet The University Homes Planned Unit Development proposes a maximum building height of 32 feet, or 7 feet taller than currently allowed. Establishing a maximum building height by the number of -stories", could allow the height in the PUD to vary greatly. The term -sto~ does not define the ceiling height in feet and therefore the story could have an unlimited ceiling height Using a specified number value to establish a maximum building height sets the upper limit of the structure no matter the how many -stories" are contained within the building. The following points were considered with regard to the PUD's maximum height request: Maximum Englewood building height is currently 25 feet Adjacent Englewood uses (south and west of the site) are non-residential uses. Adjacent Englewood uses are a minimum of 32 feet from the proposed building envelope. Adjacent Denver residential uses to the east of the site are more than 100 feet from the proposed building envelope. Adjacent Denver residential uses to the north are approximately 25 feet from the proposed building envelope. 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 and therefore could support taller structures . The long side of the proposed lots runs in an east-west direction. Roof ridgelines generally run parallel to the long side of a lot thereby providing more solar access to adjacent yards to the north. Encourages investment. • • ORDINANCE NO. __ SERIES OF 2002 BY AUTiiORITY COUNCil. Bll.L NO. S4 IN11tODUCEDBYCOUNCil. MEMBER~~~~~~~ AN ORDINANCE APPROVING TIIE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOU'lll UNIVERSITY BOULEVARD IN TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, David M. DiPane, owner of the property It 3055 South University Boulevmd, Englewood, Colorado, submitted an application ro build a group of four homes on a vacant pan:el of land in the area bounded by South University Boulevard on the east. Eut Dartmouth Avenue on the South, East Dartmouth Place on the west and the Englewood/Denver Boundary on the north; and WHEREAS, the Planning and Zoning Commission opened public bearinp and took testimony on the subject property which is zoned R-1-A Single-Family Raidenc:e Dislric:t; and WHEREAS, the Commission reqUClfed c:larificatiom ro the Dis1ric:t Plan vat,iqe and additional information regarding site drainage; and WHEREAS, the applicant also submitted an applic:ation to subdivide the property contained in the Planned Unit Development/ and WHEREAS, the Commission rec:ommends approval of dlil Planned Unit Development with c:ooditiooa; and NOW, TIIERl!PORE. BE IT ORDAINED BY TIIE CITY COUNCD. OF TIIE CITY OF ENGLEWOOD. COLORADO, AS FOU.OWS : ~-The Planned Unit Development, aaacbcd hereto as Exhibit A, for property IIUlllbered 3055 South University Boulevard, in the City ol Enpwood, Colorado, la hereby approved wida die following conditiOIII : I . A Homeowner Association be formed and clocumalll ~ 10 the Auodlllicm be filed against all propeniea with the Anpaboe County, Colondo, Clerk and Recorder. 2 . A recorded copy of the Homeowuer Auoc:iation document be provided to the City of Englewood. Colorado. Introduced. read in full , and passed oo fint reading on the 7th day of October, 2002 . Published u a Bill for an Ordinaac:e oo the 11th day ofOc:tober, 2002 . Publ ic: Hearina wu held on November 4, 2002 . -1- ;,' • • Read by title and passed on final reading on lhe 18 .. day of November, 2002 . Published by title as Ordinance No . __ , Series of 2002, on the 22 .. day of Nove mber. 2002. AlTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Louc:rishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true copy of the Ordinance passed on final readina and publiabed by title u Ordinance No . __ , Series of 2002. Loucrishia A. Ellis -2- COUNOL COMMUNICATION Date Agenda Item Subject Case PUD 2002-01 University Homes Planned Unit November 18, 2002 11 bi Develooment -2nd Readina INmATEDBY STAFF SOURCE David M. DiPane Tricia Langon, Senior Planner 1906 13"' Street, Suite 203 Boulder Colorado 80302 PREVIOUS COUNCIL ACTION Council considered the proposed University Homes Planned Unit Development on at public hearing on November 4, 2002. During the hearing issues regarding the height of proposed structures were discussed. This addendum serves to further address those issues. HEIGHT DISCUSSION As stated in the staff report and during the public hearing the maximum building height in Englewood is 25 feet The University Homes Planned Unit Development proposes a maximum building height of 32 feet, or 7 feet taller than currently allowed. Establishing a maximum building height by the number of "stories#, could allow the height in the PUD to vary greatly. The term "sto~ does not define the ceiling height in feet and therefore the story could have an unlimited ceiling height Using a specified number value to establish a maximum building height sets the upper limit of the structure no matter the how many "stories# are contained within the building. The following points were considered with regard to the PUD's maximum height request: Maximum Englewood building height is currently 25 feet Adjacent Englewood uses (south and west of the site) are non-residential uses. Adjacent Englewood uses are a minimum of 32 feet from the proposed builclng envelope. Adjacent Denver residential uses to the east of the site are more than 100 feet from the proposed building envelope. Adjacent Denver residential uses to the north are approximately 25 feet from the proposed building envelope. Adjacent residential uses in Denver's R-1 district are allowed a 30 feet building height on a SO feet wide lot The adjacent Denver lots are 70 feet wide and therefore could support taller structures. The long side of the proposed lots runs in an east-west direction. Roof ridgelines generaDy run parallel to the long side of a lot thereby providing more solar access to adjacent yards to the north. Encourages investment ORDINANCE NO . __ SERIES OF 2002 BY AU'IHORITY COUNCil. BILL NO . 54 INIRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE APPROVING TifE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOlllH UNIVERSITY BOULEY ARD IN TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, David M. DiPane, owner of the property at 3055 South University Boulevard, Englewood, Colorado, submitted an application to build a group of four bomca on a vacant parcel of land in the area bounded by South Univenity Boulevard on the east, East Dartmoulb Avenue on the South, East Dartmouth Place on the west and the Englewood/Denver Boundary on the north; and WHEREAS, the Planning and Zoning Commission opened public hearinp and took testimony on the subject property which is mned R-1-A Single-Family Reaidenc:e Dialrict; and WHEREAS, the Commission requested clarifications to the Dislrict Plan verbiage and additional infonnatioo regarding site drainage; and WHEREAS, the applicant also submitted an application to subdivide the property COIIIBincd in the Planned Unil Developmenl/ and WHEREAS, the Commission recommends approval of dlil Plllllled Unit ~t with conditions; and NOW, THEREFORE, BE IT ORDAINED BY 1llE CITY COUNCIL OP TIIE CITY OP ENGLEWOOD, COLORADO, AS FOU.OWS: ~-The Planned Unit Development, llblehed hereto u Exhibit A, for property numbered 3055 South University Boulevard, in the City of Englewood. Colando, is benby appvwed with die following conditions: 1. A Homeowner Association be fonned and documenla pel1lliaiDa 10 die AAOC:illicm be filed against all propertir '1 the Arapahoe County, Colando, Clerk ad lteconler. 2 . A recorded copy of the Ho ,. .mer Association document be provided to die City of Enilewood. Colorado . Introduced, rad in full , and passed on tint reading on the 7lh day of October, 2002. Published as a Bill for an Ordinance on the l llh day of October, 2002. Public Hearing wu held on November 4, 2002 . -1- • t • • Read by title and passed on final reading on the 18 .. day of November, 2002 . Published by title as Ordinance No . __ , Series of 2002, on the 22"" day of November, 2002 . ATl"EST: Beverly J. Bndlhaw, Mayor Loucrilhia A . Ellia, City Clerk I, Louc:riahia A. Ellis, City Clerk for the City of l!qlewood. Cokndo, hereby certify the above 111d foregoina is a true copy oflbe Ordinance paued on ftul radina 111d publiabed by tide u Ordinance No . _. Series of 2002. LoucriJbia A. Ellis -2- Budllt. 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' ·~------- 4 DRAINAGE CHANNEL SECTION ' -==t .. ----~-·----~- ___ ..... 1 . __ t~-r.i..--•~ .... -/ ·--~---I j 5 !~ & SIGNAGE ~~~~!! --•-o.a~-..... -"'C:,.\,. LO'l'l _.,.._o,:.,.•o,,••-· 2 I ' ~-o;_,,,,.. _:.3• •-~-1.!..:E. -1·-0-_,.... • ._~ ...... .c---···--1· ···~-~-' "<',•-.. .. -.~,eo,, , .._.. ...... D .J-. -. I I l;i .. I I ~ .. .. ~v !~ t I Ir It, 1/t ii ~ ~ r'r I & .[' - !' I' I I -...----·-. ._....\,. ~--· ....... LANDSCAPE PLAN .... , ... LANDSCAPE LEGEND """''"" --· .......... ·~--.... - i!#' ................ . " , .. .... --........... "T •. , .. SITE DETAILS/ LANDSCAPE PLAN UNIVUSITYHOMf t.> .J .J .., " ;;;, ... ,:: <., " < .,. < .. ,. ·' 0 I i 1: ll: ! ·'~ f-: 1 • .fi2 N I i" !I ALTA LAND TITLE SURVEY PART OF LOT 1 BLOCK 2, HAMPDEN HILLS BAPTIST CHURCH SUB DIVISION LOCATED IN THE NE1/4 SEC 35, T4S, R68W OF THE 6TH P .M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO ____ ...__ ......... 10C11t 1711 .... ,. 10/1,/12 _,_ ..... z ~ I r • ... I ~ . 0 ' V, k NOlES tollll[SPOIONG TO SOCDUI.£ It. "'------~ .. -...... ., ....... ...U_..OUIDI __ --" E.Zf:-:11.'ir.L'fr~..P.E.;.~:!:=i:,-... ,, .. ----IJ. r.m..-:a-... .:n.-:n-.r.:,:.; == :.=r.: :-=-..r.r-... 1ft -- ..... "" ___ _, ~-·~·U•-i":!rl"lll&X. ~~v=- 1':!rl"...,, •n,.J.11,-- i"'J•• LJ.J 7 fltl(]P[RTY D[SCIIPTION: ~9' .... 9U _ _.. --------·-···-~-, • ,. ,• 0 - J /L 1,I--L),1,.,.~~-M ~ 11 J I"-~ c;ttL,( -'-A-. ~ ~--Fl d -~ --ff'ltJA ---WI/~~ .. ,1....-- -----~J ---- --~ ~"-~-;r:---~ __ - ----· ---;:/ti;, ------~---* /!J.tl ----~-~1 ---· ---~ · --_Jill: --------n-: ~-1.-: _ -=-----~ /_~· ----. ---- (!~It/~ -,-/---- ---------'-~ V' ----~~ v -----=------~v--- -=~-. ------= ~v;--~---tfd4d'.ak v ---- ,. -. I ----- . 0 ~ -=-_ tikd---.· • • --·-- ' ; • • • ,. ,, • • -· {---? I~ -l r~w • -· -prw11;_-/)>L rTJJ, ~ . --· ·---- ~--... -=. ~&r ~ .:. ---= . . ---. ~ . -----:: . . . --. -· ---~ ~ -----~ _· ~ ~33 .-(!,/)~ =---= ·-. _.---·_ - . . . . . . =-~'tll[?-~-==-- > --•• I - ~~-~!!Ptf ¥. -- ).3;:;.t/-/htTIV Jk'., ~dhr --yp1:-. ~ -- 3/J (,4 . 'r-1 -- ~ ---~ ~,-k$£~ /-_,~ -~-- • • . • •· ' • -- • • • . ----r---1 ·---------·----- --·---·--·---·- ......---·----. ~~ --~--· ----~-q~----- JJ,u.f-_ ~~ ~-- ~ };3d;wff -- ' . " ... .. ·• D 0 -·--------- µi_vr,ff__ ~-----..,...___---- ~ ---__ _ ------ ~ -----, ~ -~t)--· r _,,rL~ )----~ .~ I --· _----~ ~---- -------------- ----~-- --~---- ' ... .. • • . ·• -- • • n tj (--t_J. ·--------·--~-__J ---~-t ~~4~~--~ -___ - ~· ~-~~4?---~ . ~ -<fi:t-/ll_J_ . - ___...,......_ D 0 --"- .. _ ... j -----------___ __,_ ·"' ---- ---- ------------ ·---------------- - --- ··--~----------·---- ----------- ------ ---- ---- ----~-· - -------- ------ ... .. /• • ' • j t • • 1. 2. 3. MONDAY, NOVEMBER 18, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, co 80110 Call to order. '7:~ Invocation. (}~ Pledge of Allegiance. a. Boy Scout Troop #264 from All Souls School will present the Colors. 4. Roll Call. f'/ ~ 5. Minutes. 4/f;!: O • /:;~~;;;;;;: Regula, c;1y Co,ndl Meeting of Novemb« 4, 2002~ 6. Scheduled Visitor~ease limit your presentation to ten minutes.) a. The student artists whose artwork is included in the 2003 Englewood Calendar will be recognized by City Council. 'IS, BOB 10/Jf. /A}{i It( 0~ b . Tom Norton, Executive Directorif"'1f ~do Department of Transportation, and Cal ~ 4ar,ella, EJ,;a~utiua Cireeter ef the AegieAal +raAlipofQll&A Bi,trict, will present to City Council an award for "Smart Moves · Transportation Strategies for Smart Growth# from the American Association of State Highway and Transportation ~Officials. ~ Eugene Norman will be present to address City Council. • t • • Englewood City Council Agenda November 18, 2002 Pagel ~: __ Jommunications, Proclamations, and Appointments. ~ 1~ proclamation declaring November 21, 2002 as Feed America Day. ~ ?vO A proclamation in honor of the Malley Senior Recreation Center's 25"' Anniversary.~ ~7c. , t resol_ution reappointing Bill Belt to the Englewood Code Enforcement Advisory 'r(t rv -Off <(:.'tf m,ttee. rr d. A resolution appointing Chris Hoagland to the Englewood Code Enforceme -Advisory Committee. A resolution appointing Jim Goodrich to the Englewood Code Enforceme t Advisory Committee. A letter from Sean McHugh indicating his resignation from Keep Englewood Beautiful. /II)~ 9. Public Hearing (None Scheduled) y . o/\,tr,ll,,-. 11 ~ff~rJ't Agen~ v~. {r/ ;.. (!_ / f/ 111 a. Approval of Ordinances on First Reading. c. i. ,Soyncil Bill Np 6J • Recommendation from the Safety Services Department to adopt a bill for an ordinance accepting Law Enforcement Assistant Fund (LEAF) grant funding to be used for DUI detection and enforcement. STAFF SOURCE: Lieutenant John Colins. Approval of Ordinances on Second Reading. i. Council Bill No. 59, authorizing an Intergovernmental Agreement for Mutual Aid between metro area Fire Departments. Resolutions and Motions. i. Recommendation from the Safety Services Department to approve, by motion, the purchase of a 4-wheel drive utility vehide throush the Colorado -s"tate Bid Process for a total cost of $26,527. STAFF SOURa: DMlion Chief Tom Vandennee. Please note: If you IYve A.....,_, -4 _..,_. ........... ....., .. City elf -· 111• (303-7'2·2t0S)al_.41.._.la..._.el..__.._.. .......... ,_, • t .. • • 0 i. Council Bill No. 62 -Recommendation from the Community Development Department to adopt a bill for an ordinance revising the Englewood Municip b. c. ii . Code regarding the definition of #household.# Staff recommends that Cou ii set December 16, 2002 as the public hearing date to gather P!Jblic in'fW~ _ issue. STAFF SOURCE: Anthony J, fn,chtl, Planner I, ;!IJiJJd ., ~ Council Bill No 64 --Recommendation from the City Manager's Office to adopt ab1H for an ordinance approvin an agreement with Colorado Preservation, In to purchase the Skerritt SOURCE: Michael Flaherty, A11~ 0 18J!II--"~ City Manager. "11'5 Approval of Ordinances on i. Council Bill No. 54, approving the University Homes Planned Unit Development. Reff and Motions. 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. ~r 41 r The following minutes were transmitted to City Council between November 1-14, 2002 : Englewood Urban Renewal Authority meeting of August 14, 2002 Englewood Board of Adjustment and Appeals meeting of September 11, 2002 Englewood Cultural Arts Commission meeting of October 2, 2002 Englewood Public Library Board meeting of October 8, 2002 Keep Englewood Beautiful meeting of October 8 . 2002 Englewood Parade Committee meetings of October 9 and 29, 2002 Alliance for Commerce in Englewood meeting of October 10, 2002 • • ! • ' •